San Diego County Municipal Code Ch. 5 Limits on Purchases of Products Containing Ephedrine

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*Note—Amended by Ord. No. 9970 (N.S.), effective 3-12-09, as Chapter 5, LIMITS ON PURCHASES OF PRODUCTS CONTAINING EPHEDRINE. (Provisions previously codified at § 32.1401 et seq.)

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The Board of Supervisors of the County of San Diego finds:

(a) In addition to its legal uses, ephedrine is used in the illegal manufacture of methamphetamine because illicit drugs manufacturers extract ephedrine from various over-the-counter products that contain ephedrine or pseudoephedrine as an ingredient.

(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 the chemicals, compounds, substances, byproducts and wastes associated with the manufacture of illicit narcotics and drugs threaten the health, welfare and safety of the citizens of the County.

(d) There has been an increase in the purchases and thefts of over-the-counter products that contain ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride or pseudoephedrine sulfate, as well as other products associated with the manufacture of methamphetamine. Regulating the quantities of these products that consumers may purchase or acquire in the unincorporated area of the County is necessary to curtail illegal manufacture of methamphetamine.

(e) The limitations found in this chapter on the quantity of products containing ephedrine that may be purchased or acquired by a consumer on a single day will assist the County in its efforts to combat illegal methamphetamine manufacturers in the County and will not unduly restrict legitimate businesses or consumers.

(Added by Ord. No. 8951 (N.S.), effective 9-15-98; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

The following definitions shall apply to this chapter:

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

(b) "Consumer" means any person who purchases or acquires products at retail.

(c) "Ephedrine" means any drug, substance or compound, whether legal or illegal, that contains ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride or pseudoephedrine sulfate. "Ephedrine" does not mean naturally occurring ephedra alkaloids unless they are spiked with synthetic ephedrine or pseudoephedrine.

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

(Added by Ord. No. 8951 (N.S.), effective 9-15-98; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

It is unlawful for any consumer in the unincorporated area of the County to purchase or acquire on any single day:

(a) More than three packages of any product containing ephedrine.

(b) Products containing ephedrine where the total count exceeds 100.

(Added by Ord. No. 8951 (N.S.), effective 9-15-98; amended by Ord. No. 9738 (N.S.), effective 10-27-05; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

Each purchase or acquisition of a product containing ephedrine in violation of section 32.503 shall constitute a separate offense.

(Added by Ord. No. 8951 (N.S.), effective 9-15-98; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

The District Attorney and the Sheriff are authorized to administer and enforce this chapter. The District Attorney and the Sheriff may exercise any enforcement powers provided by law to enforce this chapter.

(Added by Ord. No. 8951 (N.S.), effective 9-15-98; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

In addition to any criminal prosecution under this chapter the District Attorney or the County Counsel may also obtain injunctive relief in a civil action against any person who violates or proposes to violate this chapter.

(Added by Ord. No. 8951 (N.S.), effective 9-15-98; amended by Ord. No. 9970 (N.S.), effective 3-12-09)

A violation of this chapter shall be treated as a strict liability offense.

(Added by Ord. No. 8951 (N.S.), effective 9-15-98; amended by Ord. No. 9970 (N.S.), effective 3-12-09)