La Mesa Municipal Code Ch. 10.110 Regulation of Sale of Chemicals Used in Producing Controlled Substances

(a) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person in the city of La Mesa shall submit a report to the chief of police of the city of La Mesa of all of those transactions:

(1) Ephedrine.

(2) Pseudoephedrine.

(3) Norpseudoephedrine.

(4) Phenylpropanolamine.

(5) Ether.

(6) Hydriodic Acid.

(b) (1)

Any manufacturer, wholesaler, retailer, or other person shall, prior to selling, transferring, or otherwise furnishing any substance specified in subsection (a) of this section to a person in the city of La Mesa require proper identification from the purchaser.

(2) For the purposes of this chapter, "proper identification" means a motor vehicle operator's license or other official state-issued identification of the purchaser which contains a photograph of the purchaser and includes the residential or mailing address of the purchaser, other than a post office box number, the motor vehicle license number of any motor vehicle owned or operated by the purchaser, a letter of authorization from the business for which any substance specified in subsection (a) of this section is being furnished, which includes the business license number and address of the business, a full description of how the substance is to be used, and the signature of the purchaser. The person selling, transferring, or otherwise furnishing any substance specified in subsection (a) of this section shall affix his or her signature as a witness to the signature and identification of the purchaser.

(3) A violation of this chapter is a misdemeanor.

(c) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes the substance specified in subsection (a) of this section to a person in the city of La Mesa shall, not less than twenty-one days prior to delivery of the substance, submit a report of the transaction, which includes the identification information specified in subsection (b) of this section, to the chief of police of the city of La Mesa. However, the chief of police may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the same substance if the chief of police determines that either of the following exist:

(1) A pattern of regular supply of the substance exists between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes such substance and the recipient of the substance.

(2) The recipient has established a record of utilization of the substance for lawful purposes.

(d) This section shall not apply to any of the following:

(1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a physician, dentist, podiatrist, or veterinarian.

(2) Any physician, dentist, podiatrist, or veterinarian who administers or furnishes a substance to his or her patients.

(3) Any manufacturer or wholesaler licensed by the California State Board of Pharmacy who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy, physician, dentist, podiatrist, or veterinarian.

(4) Sales consistent with federal law of any proprietary product containing substances listed in subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5) or (a)(6).

(e) (1)

Any person specified in paragraph (c) who does not submit a report as required by that section or who knowingly submits a report with false or fictitious information shall be punished by imprisonment in the county jail not exceeding six months or by a fine not exceeding five thousand dollars, or by both the fine and imprisonment.

(2) Any person specified in subsection (c) of this section who has previously been convicted of a violation of subsection (e)(1) of this section shall, upon a subsequent conviction thereof, be punished by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one hundred thousand dollars, or by both the fine and imprisonment.

(f) This chapter shall be operative until October 1, 1987, and on that date is repealed.

(Ord. 2445 § 1; January 13, 1987)