S-0071.3  _______________________________________________

                         SENATE BILL 5017

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Franklin, Winsley and Regala

Read first time 01/08/2001.  Referred to Committee on Judiciary.

Regulating sale of larger quantities of ephedrine and derivatives.

    AN ACT Relating to sale of precursor drugs; amending RCW 69.43.030 and 69.43.070; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 69.43.030 and 1988 c 147 s 3 are each amended to read as follows:

    RCW 69.43.010 and 69.43.020 do not apply to any of the following:

    (1) Any pharmacist or other authorized person who sells or furnishes a substance upon the prescription of a practitioner, as defined in chapter 69.41 RCW;

    (2) Any practitioner who administers or furnishes a substance to his or her patients;

    (3) Any manufacturer or wholesaler licensed by the state board of pharmacy who sells, transfers, or otherwise furnishes a substance to a licensed pharmacy or practitioner;

    (4)(a) Except as provided in (b) of this subsection, any sale, transfer, furnishing, or receipt of any drug that contains ephedrine, phenylpropanolamine, or pseudoephedrine, or of any cosmetic that contains a substance specified in RCW 69.43.010(1), if such drug or cosmetic is lawfully sold, transferred, or furnished, over the counter without a prescription under chapter 69.04 or 69.41 RCW.

(b) RCW 69.43.010 and 69.43.020 shall apply to preparations in solid or liquid dosage form containing ephedrine, phenylpropanolamine, norpseudophedrine, or pseudoephedrine when the individual transaction involves more than three packages or nine grams of ephedrine, phenylpropanolamine, norpseudophedrine, or pseudoephedrine.

    Sec. 2.  RCW 69.43.070 and 1988 c 147 s 7 are each amended to read as follows:

    (1) Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance listed in RCW 69.43.010 with knowledge or the intent that the recipient will use the substance unlawfully to manufacture a controlled substance under chapter 69.50 RCW is guilty of a class B felony under chapter 9A.20 RCW.

    (2) Any person who receives any substance listed in RCW 69.43.010 with intent to use the substance unlawfully to manufacture a controlled substance under chapter 69.50 RCW is guilty of a class B felony under chapter 9A.20 RCW.

(3) Any person who:

(a) Sells, transfers, or otherwise furnishes in a single transaction more than three packages of a product that he or she knows to contain ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine; or

(b) Sells, transfers, or otherwise furnishes a product that he or she knows to contain more than nine grams of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine

is guilty of a class C felony under chapter 9A.20 RCW.

The three package per transaction limitation or nine gram per transaction limitation imposed by this subsection applies to any product that is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.), or regulations adopted thereunder, unless exempted from the requirements of the federal controlled substances act by the federal drug enforcement administration pursuant to 21 U.S.C. Sec. 814.

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