Chapter 9.10
REGULATION OF THE SALE OF PRODUCTS CONTAINING EPHEDRINE
Sections:
9.10.010 Declaration of purpose.
9.10.030 Limitations on the sale or purchase of ephedrine products.
9.10.040 Separate violation for each incident.
9.10.050 Enforcement authority.
9.10.060 Strict liability offenses.
9.10.010 Declaration of purpose.
The City Council of the City of Poway finds and declares as follows:
A. In addition to its legal uses, ephedrine is used in the illegal manufacture of methamphetamine, and illicit drug manufacturers extract ephedrine from various over-the-counter products containing as an ingredient ephedrine or pseudoephedrine.
B. Southern California generally and San Diego County specifically has become known to narcotics officers and drug enforcement agents for its high incidence of illicit manufacture, sale and use of methamphetamine.
C. 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 the chemicals, compounds, substances, byproducts and wastes associated with the manufacture of illicit narcotics and drugs are both dangerous and injurious to the health, welfare and safety of the citizens of the City of Poway.
D. There has been an increase in the sales, thefts and possession of over-the-counter products that contain as an ingredient ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate, as well as other products associated with the manufacture of methamphetamine.
E. The reasonable limitations found in this chapter on the quantity of products containing ephedrine that may be sold to or purchased by a customer on a single day will assist the City in its efforts to combat the insidious criminal methods of illegal methamphetamine manufacturers in the City, and will not unduly restrict legitimate businesses or customers from selling or buying these products. (Ord. 502 § 1, 1998)
9.10.020 Definitions.
Except as otherwise provided, for purposes of this chapter:
“Count” means the number of pills, tablets, capsules or individual units of a substance contained within an individual package.
“Customer” means any person who purchases or acquires products from any retail store or establishment.
“Ephedrine” means any drug, substance or compound, whether legal or illegal, that contains ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, or pseudoephedrine sulfate. “Ephedrine” does not mean naturally occurring ephedra alkaloids unless they are spiked with synthetic ephedrine or pseudoephedrine.
“Package” means any bottle, box, blister pack or other container in which products containing ephedrine are sold.
“Retail store or establishment” means any single geographic location of any business, company, corporation, person, employee or associate, that sells products to any customer. It does not include any wholesaler engaged in a wholesale transaction.
“Sell” means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, whether or not for monetary gain or other consideration.
“Wholesaler” means one whose business is the selling of goods in gross to retail stores for purposes of resale. (Ord. 502 § 1, 1998)
9.10.030 Limitations on the sale or purchase of ephedrine products.
A. It is unlawful for any person during a single transaction to sell to a customer more than three packages of products containing ephedrine.
B. It is unlawful for any person during a single transaction to sell to a customer products containing ephedrine where the total count exceeds 100.
C. It is unlawful for any customer on any single day to purchase or acquire more than three packages of products containing ephedrine.
D. It is unlawful for any customer on any single day to purchase or acquire products containing ephedrine where the total count exceeds 100. (Ord. 502 § 1, 1998)
9.10.040 Separate violation for each incident.
Each incident in violation of PMC 9.10.030 shall constitute a separate offense. (Ord. 502 § 1, 1998)
9.10.050 Enforcement authority.
The City Attorney shall be authorized to administer and enforce the provisions of this chapter. (Ord. 502 § 1, 1998)
9.10.060 Strict liability offenses.
Violations of any provision of this chapter shall be treated as a strict liability offense regardless of intent. (Ord. 502 § 1, 1998)