Chapter 16 — REGULATION OF EPHEDRINE PURCHASES

Section 6-16.01 Legislative purpose 6-16.02 Definitions 6-16.03 Limitations on sales 6-16.04 Penalties

(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, by-products 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 citizens of the City. (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 those 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 provisions of this chapter shall hinder or supersede any other applicable state or federal statute. (§ 1, Ord. 2671, eff. August 22, 1998)

As used in this chapter: (a) “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. (b) “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. (c) “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. (d) “Sell” means to furnish, give away, exchange, transfer, deliver, surrender, or supply whether for monetary gain or not. (e) “Count” means the number of pills, tablets, capsules or individual units of a substance contained within an individual package, box or container. (§ 1, Ord. 2671, eff. August 22, 1998)

No retailer shall knowingly sell to a single customer and no single customer shall acquire more than three packages, per transaction, of a product containing ephedrine. No retailer shall knowingly sell to a single customer, per transaction, products containing ephedrine where the total count exceeds one hundred (100) or such other count as may be established by state or federal law. (§ 1, Ord. 2671, eff. August 22, 1998)

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 ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprison- ment. (§ 1, Ord. 2671, eff. August 22, 1998)