La Mesa Municipal Code Ch. 10.115 Regulation of the Sale of Products Containing Ephedrine

This chapter shall be known as the "regulation of the sale of products containing ephedrine."

(Ord. 98-2689 § 1 (part); July 28, 1998)

The city council of the city of La Mesa finds and declares as follows:

(a) In addition to its legal uses, Ephedrine is used in the illegal manufacture of methamphetamine, and illicit drug manufacturers extract Ephedrine from various over-the- counter products containing as an ingredient Ephedrine or pseudoephedrine.

(b) Southern California generally and San Diego County specifically has become known to narcotics officers and drug enforcement agents for its high incidence of illicit manufacture, sale and use of methamphetamine.

(c) 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 the chemicals, compounds, substances, byproducts and wastes associated with the manufacture of illicit narcotics and drugs are both dangerous and injurious to the health, welfare and safety of the citizens of the city of La Mesa.

(d) There has been an increase in the sales, thefts and possession of over-the-counter products that contain as an ingredient Ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate, as well as other products associated with the manufacture of methamphetamine.

(e) The reasonable limitations found in this chapter on the quantity of products containing Ephedrine that may be sold to or purchased by a customer on a single day will assist the city in its efforts to combat the insidious criminal methods of illegal methamphetamine manufacturers in the city, and will not unduly restrict legitimate businesses or customers from selling or buying these products.

(Ord. 98-2689 § 1 (part); July 28, 1998)

Except as otherwise provided, for purposes of this chapter:

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

"Customer" means any person who purchases or acquires products from any retail store or establishment.

"Ephedrine" means any drug, substance or compound, whether legal or illegal, that contains ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate.

"Package" means any bottle, box, blister pack or other container in which products containing ephedrine are sold.

"Retail store" means any single geographic location of any business, company, corporation, person, employee or associate, that sells products to any customer. It does not include any wholesaler engaged in a wholesale transaction.

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

"Wholesaler" means one whose business is the selling of goods in gross to retail stores for purposes of resale.

(Ord. 98-2689 § 1 (part); July 28, 1998)

(a) It is unlawful for any person during a single transaction to sell to a customer more than three packages of products containing ephedrine.

(b) It is unlawful for any person during a single transaction to sell to a customer products containing ephedrine where the total count exceeds one hundred.

(c) It is unlawful for any customer on any single day to purchase or acquire more than three packages of products containing ephedrine.

(d) It is unlawful for any customer on any single day to purchase or acquire products containing ephedrine where the total count exceeds one hundred.

(Ord. 98-2689 § 1 (part); July 28, 1998)

Each incident in violation of Section 10.110.030 shall constitute a separate offense.

(Ord. 98-2689 § 1 (part); July 28, 1998)

The chief of police and the city attorney shall be authorized to administer and enforce the provisions of this chapter.

(Ord. 98-2689 § 1 (part); July 28, 1998)

Any violation of any provision of this chapter shall constitute a misdemeanor punishable by up to a one thousand dollar fine and/or twelve months in the county jail. The city attorney and chief of police may also seek injunctive relief and other remedies in the superior court as prescribed by law.

(Ord. 98-2689 § 1 (part); July 28, 1998)

Violations of any provision of this chapter shall be treated as a strict liability offense regardless of intent.

(Ord. 98-2689 § 1 (part); July 28, 1998)