Chino Municipal Code Ch. 8.64 Regulation of Ephedrine Purchases

A. The city council finds that there is a current and immediate threat to the public health, safety and welfare in that the manufacture, processing, transportation, possession and sales of illicit narcotics and drugs are inherently dangerous and that chemicals, compounds, substances, byproducts and wastes which are associated with the manufacture of illicit narcotics and drugs are both dangerous and injurious to the health, welfare and safety of the citizens of Chino.

B. The city council finds that there has been a dramatic increase of sales, reports of sales, thefts and possession of over-the-counter drugs which contain substances known as ephedrine, pseudoephedrine and pseudoephedrine hydrochloride along with other substances and products associated with the manufacture of methamphetamine and that retailers are regularly victimized by those persons who steal these substances, drugs and products on a regular basis.

C. The city council finds that the general public does not normally purchase the described products in multiple quantities and it is not the city council's intent to restrain legitimate businesses or customers from selling or purchasing the described products.

D. No provision of this chapter shall hinder or supersede any other applicable state or federal statute.

(Ord. 97-05 § 1 (part), 1997.)

The following definitions apply to this chapter:

"Count" means the number of pills, tablets, capsules or individual units of a substance contained within an individual package, box or container.

"Customer" means any person who purchases or acquires the products described in this section, or persons who are present for the purchase or acquisition of the products described in this section.

"Ephedrine" means any drug, substance or compound, whether legal or illegal that contains pseudoephedrine hydrochloride, pseudoephedrine or ephedrine. These are commonly known as, but not limited to, decongestants, nasal decongestants, antihistamines and pep pills.

"Retailer" means any retail business, company, corporation, person, employee, associate, or wholesaler who furnishes, distributes, sells or gives away products as described in this section.

"Sell" means to furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.

(Ord. 97-05 § 1 (part), 1997.)

No retailer shall sell and no customer shall acquire more than two packages of a product containing ephedrine in counts of twenty-four or less, per day or more than one package, per day if the count is in excess of twenty-four per package.

(Ord. 97-05 § 1 (part), 1997.)

Any person, customer, or retailer violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. 97-05 § 1 (part), 1997.)