Chapter 8.70
REGULATION OF EPHEDRINE PURCHASES
Sections:
8.70.030 Limitations on sales.
8.70.010 Legislative purpose.
A. The city council finds that 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 that chemicals, compounds, substances, by-products and wastes which are associated with the manufacture of illicit narcotics and drugs are both dangerous and injurious to the health, welfare and safety of the citizens.
B. The city council finds that there has been a dramatic increase of sales, reports of sales, thefts and possession of over-the-counter drugs which contain substances known as ephedrine, pseudoephedrine, pseudoephedrine hydrochloride, ephedrine hydrochloride, and pseudoephedrine sulfate along with other substances and products associated with the manufacture of methamphetamine and that retailers are regularly victimized by those persons who steal these substances, drugs and products on a regular basis.
C. The city council finds that the general public does not normally purchase the described products in multiple quantities and it is not the city council’s intent to restrain legitimate businesses or customers from selling or purchasing the described products.
D. No provision of this chapter shall hinder or supersede any other applicable state or federal statute. (Ord. 98-1825 § 1, 1998.)
8.70.020 Definitions.
The following definitions apply to this chapter:
A. “Ephedrine” means any drug, substance or compound, whether legal or illegal that contains ephedrine hydrochloride, pseudoephedrine sulfate, pseudoephedrine hydrochloride, pseudoephedrine or ephedrine.
B. “Retailer” means any single geographic location of any retail business, company, corporation, person, employee or associate who furnishes, distributes, sells, or gives away products described in this section.
C. “Customer” means any person who purchases or acquires the products described in this section, or persons who are present for the purchase or acquisition of the products described in this section.
D. “Sell” means to furnish, give away, exchange, transfer, deliver, surrender, or supply whether for monetary gain or not.
E. “Count” means the number of pills, tablets, capsules, or individual units of a substance contained within an individual package, box or container. (Ord. 98-1825 § 1, 1998.)
8.70.030 Limitations on sales.
No retailer shall sell to a single customer more than two packages of a product containing ephedrine in counts of 24 or fewer per transaction, or more than one package per transaction if the count is in excess of 24 per package, or if the total weight or the amount of ephedrine or pseudoephedrine contained in the packages exceeds a weight of 3,000 milligrams or three grams.
No customer shall purchase or acquire more than two packages of a product containing ephedrine in counts of 24 or fewer per transaction, or more than one package per transaction if the count is in excess of 24 per package, or if the total weight or the amount of ephedrine or pseudoephedrine contained in the packages exceeds a weight of 3,000 milligrams or three grams. (Ord. 98-1825 § 1, 1998.)
8.70.040 Penalties.
Any person, customer, or retailer violating any of the provisions of this chapter is deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000, or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. (Ord. 98-1825 § 1, 1998.)