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Police - Topics of Interest & Useful Links

Glendale Police Department - Pseudoephederine

Since 2005, the state of Arizona and several municipalities within Arizona have adopted laws or ordinances limiting the distribution of the psuedoephedrine products in hope of curbing the manufacture of illegal drugs like methamphetamine.

On the advise of staff, the city council has yet to adopt a similar ordinance, waiting instead for the state to strengthen current laws, or for the federal government to enact federal restrictions. Recently, the federal government passed new legislation restricting psuedoephedrine products, and the State of Arizona has a more restrictive bill currently in legislation. The following is a summary of current federal, state, and city laws/ordinances that address the issue of limiting the distribution of the psuedoephedrine products.
From the Police Department’s review of this information, it appears that the recently passed federal law dealing with distribution of the psuedoephedrine products is more restrictive then any law/ordinance within the State of Arizona.

Federal Law:

The federal government amended the Controlled Substances Act to more closely control the importation and commercial sales of pseudoephedrine and related drugs as part of the recent renewal of the Patriot Act. Those changes, as they relate to the retail sales of pseudoephedrine related drugs, can be summarized below:

  • All forms of pseudoephedrine are covered by the legislation, including liquid form
  • All sales must be handled by a licensee (through a pharmacist)
  • All retail sales, including those at mobile retail vendors (kiosks, airport, etc.) must be documented in a log book subject to the following restrictions:

    a. Must be open to inspection by state and local peace officers
    b. Can be electronic or written, but must be kept for 2 years
    c. Photo ID is required for a purchase
    d. Book requires purchaser to give name, address, date and time of purchase, name and amount of product purchased, as well as sign the log book
    e. Information in book not subject to public disclosure
    • Purchase limits of 9 grams in 30 day period, no more than 3.6 grams per day; no more than 7.5 grams may be purchased and shipped per 30 days (mail order or internet sales)
    • Product must be stored behind a counter or in a locked container.
    • These quantity restrictions do not apply if the person has a prescription.

Arizona State Law:

Note: Federal Law recently passed is more restrictive then the Current State law, proposed new State Law, and any city ordinance already passed within the State of Arizona.

The Arizona legislature recently adopted laws related to pseudoephedrine with the intent of reducing the manufacture of methamphetamines. These laws went into effect on November 1, 2005 and include the following:

  • Requires registration of sales (chemical and proprietary names, quantity, date, purchaser name and address, seller’s name and address) for sales of 5 tablet packages or more
    • Requires that retailers who sell products in which pseudoephedrine is the sole active ingredient (except liquid, liquid capsule or gel capsule forms) keep the product in behind a counter or in locked facility inaccessible to customer without the assistance of an employee
    • Prohibits the possession of more than 24 grams of pseudoephedrine without a pharmacy license
    • Prohibits the purchase of more than 9 grams of pseudoephedrine without a valid prescription

Arizona Municipal Efforts

A number of Arizona cities and towns have adopted ordinances affecting the purchase of pseudoephedrine products. Although there are many similar issues addressed in these municipal ordinances, most have these common components.

  • All products containing pseudoephedrine must be kept behind a store counter or otherwise in a manner that is inaccessible to a customer
  • No more than 9 grams may be sold to the same person within 30 day period without a prescription
  • Improperly displayed products are subject to seizure and forfeiture
  • Are subject to purchase log requirements (government issued photo I.D., purchaser’s name, birth date, address and quantity purchased); log submitted monthly to P.D.

League of Cities Model Ordinance

Must be kept behind a store counter or otherwise in a manner that is inaccessible to a customer without help of an employee

  • Are subject to purchase log requirements (government issued photo I.D., purchaser’s name, birth date, quantity purchased, transaction date initialed by seller)
  • Log kept for 90 days and available only to retailer, local P.D., D.P.S., County Sheriff and other law enforcement

 

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