50-32-502. Restricted sale and access to ephedrine or pseudoephedrine products -- exceptions -- penalties. (1) The retail sale of a product that contains any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers may be made only in a pharmacy licensed pursuant to Title 37, chapter 7, or a retail establishment that is certified by the department of justice pursuant to subsection (2).
(2) (a) If there is not a licensed community pharmacy within a county, then a retail establishment may apply to the department of justice for certification as an establishment that is allowed to sell products that contain any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers.
(b) The department of justice shall adopt rules to establish criteria for the certification of retail establishments with the intent to limit the available supply of ephedrine and pseudoephedrine to prevent the manufacture of methamphetamine.
(c) The department of justice may certify a retail establishment based on the criteria adopted by rule.
(3) Except as provided in subsection (5), a licensed pharmacy or certified retail establishment provided for in subsection (1) that dispenses, sells, or distributes products containing ephedrine or pseudoephedrine shall:
(a) display the products containing ephedrine or pseudoephedrine behind the store counter in an area that is not accessible to customers or in a locked case so that a customer is required to ask an employee of the licensed pharmacy or certified retail establishment for assistance in purchasing the product;
(b) limit sales to packages containing no more than a total of 3.6 grams base weight;
(c) require the person purchasing, receiving, or otherwise acquiring any product, mixture, or preparation containing ephedrine or pseudoephedrine to produce a valid driver's license or other form of valid government-issued photo identification and sign a record of sale or acquisition that includes the type of identification presented, including the identification number and issuing governmental entity, the time and date of the transaction, the name and address of the person purchasing or acquiring the ephedrine or pseudoephedrine, and the name of the ephedrine or pseudoephedrine product sold, including the number of grams contained in the product;
(d) require the purchaser to sign the record of sale or acquisition, acknowledging:
(i) that the record may be kept in written or electronic form;
(ii) an understanding of the applicable sales limit; and
(iii) that providing false statements or misrepresentations may subject the purchaser to criminal penalties under 18 U.S.C. 1001; and
(e) take action as necessary to ensure that a person does not purchase or acquire more than 3.6 grams per day of ephedrine or pseudoephedrine from the licensed pharmacy or certified retail establishment provided for in subsection (1) or more than 9 grams in any 30-day period. The limits apply to the total amount of base ephedrine or pseudoephedrine contained in the products and not to the overall weight of the products.
(4) A licensed pharmacy or certified retail establishment provided for in subsection (1) that dispenses, sells, or distributes products containing ephedrine or pseudoephedrine shall maintain all records made under subsection (3) and enter the records into the recordkeeping and monitoring system provided for in 50-32-503. Each record must be maintained by the licensed pharmacy or certified retail establishment provided for in subsection (1) for 2 years.
(5) This section does not apply to:
(a) any quantity of a product, mixture, or preparation dispensed pursuant to a valid prescription;
(b) the sale of a single package containing no more than 60 milligrams of ephedrine or pseudoephedrine to an individual;
(c) a product that the board, upon application by a manufacturer, exempts from this section by rule because the product has been formulated in a manner as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors; or
(d) any product or precursor dispensed pursuant to a prescription.
(6) (a) A person who negligently violates any provision of this section is punishable by a fine of not more than $500.
(b) A person who knowingly 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 10 days.
(7) This section supersedes and preempts any rule, regulation, code, or ordinance of any political subdivision or other unit of local government that attempts to regulate the sale or purchase of compounds, mixtures, or preparations containing any detectable quantity of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of their optical isomers.
History: En. Sec. 2, Ch. 572, L. 2005; amd. Sec. 2, Ch. 251, L. 2015.
Structure Montana Code Annotated