Mammoth Lakes Municipal Code Ch. 9.28 Ephedrine Purchases

(a) The Town 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 that 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 the Town.

(b) The Town Council finds that there has been a dramatic increase in 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 Town Council finds that the general public does not normally purchase the described products in multiple quantities and it is not the Town 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.

(Code 1990, § 9.20.010; Ord. No. 98-07, § 1)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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.

(Code 1990, § 9.20.020; Ord. No. 98-07, § 1)

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

(b) No customer shall purchase or acquire more than two packages of a product containing ephedrine in counts of 24 or less per transaction, or more than one package per transaction if the count is in excess of 24 per package, or any number of packages per transaction if the total weight or the amount of ephedrine or pseudoephedrine contained in the packages exceeds a weight of 3,000 milligrams or three grams.

(Code 1990, § 9.20.030; Ord. No. 98-07, § 1)

Notwithstanding any other provision of this Code, any person, customer, or retailer violating any of the provisions of this chapter is deemed guilty of a misdemeanor and, upon conviction thereof, may be punished by the maximum fine or imprisonment, or both, permitted by then-existing State law.

(Code 1990, § 9.20.040; Ord. No. 98-07, § 1)