Chapter 10.39
PRECURSOR DRUGS
Sections:
10.39.010 Unlawful sale or purchase of ephedrine, pseudoephedrine, or phenylpropanolamine.
10.39.020 Unlawful possession of ephedrine, pseudoephedrine, or phenylpropanolamine.
10.39.040 Prevention of violations.
10.39.010 Unlawful sale or purchase of ephedrine, pseudoephedrine, or phenylpropanolamine.
A. It is unlawful for a pharmacy licensed by, or shopkeeper or itinerant vendor registered with, the Department of Health under Chapter 18.64 RCW, or an employee thereof, or a practitioner as defined in RCW 18.64.011 knowingly to sell, transfer, or to otherwise furnish, in a single transaction:
1. More than two packages of one or more products that he or she knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers; or
2. A single package of any product that he or she knows to contain more than three grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances.
B. It is unlawful for a person who is not a manufacturer, wholesaler, pharmacy, practitioner, shopkeeper, or itinerant vendor licensed by or registered with the Department of Health under Chapter 18.64 RCW to purchase or acquire, in any twenty-four-hour period, more than the quantities of the substances specified in subsection A of this section.
C. It is unlawful for any person to sell or distribute any of the substances specified in subsection A of this section unless the person is licensed by or registered with the Department of Health under Chapter 18.64 RCW, or is a practitioner as defined in RCW 18.64.011.
D. A violation of this section is a gross misdemeanor. (Ord. 2903-06 § 1, 2006: Ord. 2788-04 § 1, 2004: Ord. 2541-01 § 1, 2001)
10.39.020 Unlawful possession of ephedrine, pseudoephedrine, or phenylpropanolamine.
A. Any person who possesses more than fifteen grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of those substances, is guilty of a gross misdemeanor.
B. This section does not apply to any of the following:
1. A pharmacist or other authorized person who sells or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers upon the prescription of a practitioner, as defined in RCW 69.41.010;
2. A practitioner who administers or furnishes ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers to his or her patients;
3. A pharmacy, manufacturer, or wholesaler licensed by, or shopkeeper or itinerant vendor registered with, the Department of Health under Chapter 18.64 RCW;
4. A person in the course of his or her business of selling, transporting, or storing ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, for a person described in subsection B.1, B.2 or B.3 of this section; or
5. A person in possession of more than fifteen grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers in their home or residence under circumstances consistent with typical medicinal or household use as indicated by, but not limited to, storage location and possession of products in a variety of strengths, brands, types, purposes, and expiration dates. (Ord. 2541-01 § 2, 2001)
10.39.030 Applicability.
Sections 10.39.010 and 10.39.020 do not apply to:
A. Pediatric products primarily intended for administration to children under twelve years of age, according to label instructions, either:
1. In solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine; or
2. In liquid form whose recommended dosage, according to label instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product;
B. Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce; or
C. Products that the State Board of Pharmacy, upon application of a manufacturer, exempts by rule from Sections 10.39.010 and 10.39.020 because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts or precursors; or
D. Products, as packaged, that the Board of Pharmacy, upon application of a manufacturer, exempts from RCW 69.43.110(1)(b) and 69.43.120 because:
1. The product meets the federal definition of an ordinary over-the-counter pseudoephedrine product as defined in 21 U.S.C. 802;
2. The product is a salt, isomer, or salts of isomers of pseudoephedrine and, as packaged, has a total weight of more than three grams but the net weight of the pseudoephedrine base is equal to or less than three grams; and
3. The Board of Pharmacy determines that the value to the people of the state of having the product, as packaged, available for sale to consumers outweighs the danger, and the product, as packaged, has not been used in the illegal manufacture of methamphetamine. (Ord. 2788-04 § 2, 2004: Ord. 2541-01 § 3, 2001)
10.39.040 Prevention of violations.
To prevent violations of Section 10.39.010, every licensee and registrant under Chapter 18.64 RCW, who sells at retail any products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, shall comply with the electronic device and/or sign requirements of 2001 Washington Laws, Chapter 96, Section 14. (Ord. 2541-01 § 4, 2001)