Missouri Revised Statutes













Chapter 579

Controlled Substance Offenses

←579.055

Section 579.060.1

579.065→

August 28, 2015

Beginning January 1, 2017--Unlawful sale, distribution, or purchase of over-the-counter methamphetamine precursor drugs--violation, penalty.

579.060. 1. A person commits the offense of unlawful sale,

distribution, or purchase of over-the-counter methamphetamine precursor

drugs if he or she knowingly:



(1) Sells, distributes, dispenses, or otherwise provides any number

of packages of any drug product containing detectable amounts of ephedrine,

phenylpropanolamine, or pseudoephedrine, or any of their salts, optical

isomers, or salts of optical isomers, in a total amount greater than nine

grams to the same individual within a thirty-day period, unless the amount

is dispensed, sold, or distributed pursuant to a valid prescription; or



(2) Purchases, receives, or otherwise acquires within a thirty-day

period any number of packages of any drug product containing any detectable

amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of

their salts or optical isomers, or salts of optical isomers in a total

amount greater than nine grams, without regard to the number of

transactions, unless the amount is purchased, received, or acquired

pursuant to a valid prescription; or



(3) Purchases, receives, or otherwise acquires within a

twenty-four-hour period any number of packages of any drug product

containing any detectable amount of ephedrine, phenylpropanolamine, or

pseudoephedrine, or any of their salts or optical isomers, or salts of

optical isomers in a total amount greater than three and six-tenths grams,

without regard to the number of transactions, unless the amount is

purchased, received, or acquired pursuant to a valid prescription; or



(4) Dispenses or offers drug products that are not excluded from

Schedule V in subsection 17 or 18 of section 195.017 and that contain

detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine,

or any of their salts, optical isomers, or salts of optical isomers,

without ensuring that such products are located behind a pharmacy counter

where the public is not permitted and that such products are dispensed by a

registered pharmacist or pharmacy technician under subsection 11 of section

195.017; or



(5) Holds a retail sales license issued under chapter 144 and

knowingly sells or dispenses packages that do not conform to the packaging

requirements of section 195.418.



2. A pharmacist, intern pharmacist, or registered pharmacy technician

commits the offense of unlawful sale, distribution, or purchase of

over-the-counter methamphetamine precursor drugs if he or she knowingly:



(1) Sells, distributes, dispenses, or otherwise provides any number

of packages of any drug product containing detectable amounts of ephedrine,

phenylpropanolamine, or pseudoephedrine, or any of their salts or optical

isomers, or salts of optical isomers, in a total amount greater than three

and six-tenth grams to the same individual within a twenty-four hour

period, unless the amount is dispensed, sold, or distributed pursuant to a

valid prescription; or



(2) Fails to submit information under subsection 13 of section

195.017 and subsection 5 of section 195.417 about the sales of any

compound, mixture, or preparation of products containing detectable amounts

of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their

salts, optical isomers, or salts of optical isomers, in accordance with

transmission methods and frequency established by the department of health

and senior services; or



(3) Fails to implement and maintain an electronic log, as required by

subsection 12 of section 195.017, of each transaction involving any

detectable quantity of pseudoephedrine, its salts, isomers, or salts of

optical isomers or ephedrine, its salts, optical isomers, or salts of

optical isomers; or



(4) Sells, distributes, dispenses or otherwise provides to an

individual under eighteen years of age without a valid prescription any

number of packages of any drug product containing any detectable quantity

of pseudoephedrine, its salts, isomers, or salts of optical isomers, or

ephedrine, its salts or optical isomers, or salts of optical isomers.



3. Any person who violates the packaging requirements of section

195.418 and is considered the general owner or operator of the outlet where

ephedrine, pseudoephedrine, or phenylpropanolamine products are available

for sale shall not be penalized if he or she documents that an employee

training program was in place to provide the employee who made the unlawful

retail sale with information on the state and federal regulations regarding

ephedrine, pseudoephedrine, or phenylpropanolamine.



4. The offense of unlawful sale, distribution, or purchase of

over-the-counter methamphetamine precursor drugs is a class A misdemeanor.



(L. 2014 S.B. 491, A.L. 2014 H.B. 1371)



Effective 1-01-17





2017



2017



579.060. 1. A person commits the offense of unlawful sale or

distribution of over-the-counter methamphetamine precursor drugs if he or

she:



(1) Knowingly sells, distributes, dispenses, or otherwise provides

any number of packages of any drug product containing detectable amounts of

ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts,

optical isomers, or salts of optical isomers, in a total amount greater

than nine grams to the same individual within a thirty-day period, unless

the amount is dispensed, sold, or distributed pursuant to a valid

prescription; or



(2) Knowingly dispenses or offers drug products that are not excluded

from Schedule V in subsection 17 or 18 of section 195.017 and that contain

detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine,

or any of their salts, optical isomers, or salts of optical isomers,

without ensuring that such products are located behind a pharmacy counter

where the public is not permitted and that such products are dispensed by a

registered pharmacist or pharmacy technician under subsection 11 of section

195.017; or



(3) Holds a retail sales license issued under chapter 144 and

knowingly sells or dispenses packages that do not conform to the packaging

requirements of section 195.418.



2. A pharmacist, intern pharmacist, or registered pharmacy technician

commits the offense of unlawful sale or distribution of over-the-counter

methamphetamine precursor drugs if he or she:



(1) Knowingly sells, distributes, dispenses, or otherwise provides

any number of packages of any drug product containing detectable amounts of

ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts

or optical isomers, or salts of optical isomers, in a total amount greater

than three and six-tenth grams to the same individual within a twenty-four

hour period, unless the amount is dispensed, sold, or distributed pursuant

to a valid prescription; or



(2) Knowingly fails to submit information under subsection 13 of

section 195.017 and subsection 5 of section 195.417 about the sales of any

compound, mixture, or preparation of products containing detectable amounts

of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their

salts, optical isomers, or salts of optical isomers, in accordance with

transmission methods and frequency established by the department of health

and senior services; or



(3) Knowingly fails to implement and maintain an electronic log, as

required by subsection 12 of section 195.017, of each transaction involving

any detectable quantity of pseudoephedrine, its salts, isomers, or salts of

optical isomers or ephedrine, its salts, optical isomers, or salts of

optical isomers; or



(4) Knowingly sells, distributes, dispenses or otherwise provides to

an individual under eighteen years of age without a valid prescription any

number of packages of any drug product containing any detectable quantity

of pseudoephedrine, its salts, isomers, or salts of optical isomers, or

ephedrine, its salts or optical isomers, or salts of optical isomers.



3. Any person who violates the packaging requirements of section

195.418 and is considered the general owner or operator of the outlet where

ephedrine, pseudoephedrine, or phenylpropanolamine products are available

for sale shall not be penalized if he or she documents that an employee

training program was in place to provide the employee who made the unlawful

retail sale with information on the state and federal regulations regarding

ephedrine, pseudoephedrine, or phenylpropanolamine.



4. The offense of unlawful sale or distribution of over-the-counter

methamphetamine precursor drugs is a class A misdemeanor.



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