50-32-501. Restricted possession, purchase, or other transfer of ephedrine or pseudoephedrine -- exceptions -- penalties. (1) Except as provided in subsection (2), a person may not purchase, receive, or otherwise acquire more than 9 grams within any 30-day period or more than 3.6 grams per day of any product, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, any of their salts or optical isomers, or salts of their optical isomers.
(2) This section does not apply to any quantity of a product, mixture, or preparation dispensed pursuant to a valid prescription or as provided in 50-32-502.
(3) Possession of more than 9 grams of a drug product containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance.
(4) The rebuttable presumption in subsection (3) does not apply to:
(a) a retail distributor of drug products;
(b) a wholesale drug distributor, or its agents, licensed by the board of pharmacy;
(c) a manufacturer of drug products or its agents;
(d) a pharmacist licensed by the board of pharmacy; or
(e) a licensed health care professional possessing the drug products in the course of carrying out the profession.
(5) A person who knowingly or negligently violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 1 year.
History: En. Sec. 1, Ch. 572, L. 2005; amd. Sec. 1, Ch. 251, L. 2015.
Structure Montana Code Annotated