El Monte Municipal Code Ch. 9.44 Regulation of Ephedrine Purchases

A. The City Council of the city 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 and welfare and safety of the citizens of El Monte.

B. The City Council of the city 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, pseudoephedrine hydrochloride, ephedrine hydrochloride, and pseudoephedrine sulfate 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 of the city 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. 2491 § 1 (part), 1998: prior code § 4915)

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 ephedrine hydrochloride, pseudoephedrine sulfate, pseudoephedrine hydrochloride, pseudoephedrine or ephedrine.

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

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

(Ord. 2491 § 1 (part), 1998: prior code § 4916)

A. No retailer shall sell to a single customer, more than two (2) packages of a product containing ephedrine in counts of twenty-four (24) or less per transaction, or more than one package per transaction if the count is in excess of twenty-four (24) per package, or if the total weight or the amount of ephedrine or pseudoephedrine contained in the packages exceed a weight of three thousand (3,000) milligrams or three (3) grams.

B. No customer shall purchase or acquire, more than two (2) packages of a product containing ephedrine in counts of twenty-four (24) or less per transaction, or more than one package per transaction if the count is in excess of twenty-four (24) per package, or if the total weight or the amount of ephedrine or pseudoephedrine contained in the packages exceed a weight of three thousand (3,000) milligrams or three (3) grams.

(Ord. 2491 § 1 (part), 1998: prior code § 4917)

Any person, customer, or retailer violating any of the provisions of this chapter is deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. 2491 § 1 (part), 1998: prior code § 4918)