BILL REQ. #:  H-0071.1 

Read first time 01/15/09.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to classifying ephedrine, pseudoephedrine, and phenylpropanolamine as Schedule III controlled substances; amending RCW 69.50.4013; adding a new section to chapter 69.50 RCW; repealing RCW 69.43.105, 69.43.110, 69.43.120, 69.43.130, and 69.43.170; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 69.50 RCW to read as follows:
     (1) The board shall adopt rules to take effect on January 1, 2010, to classify ephedrine, pseudoephedrine, and phenylpropanolamine as Schedule III controlled substances. The Schedule III classification may be modified by the board if the board, upon consultation with state and local law enforcement, finds that Schedule III restrictions on products containing ephedrine, pseudoephedrine, or phenylpropanolamine do not significantly reduce the prevalence of the illegal manufacture of methamphetamine in Washington.
     (2)(a) This section does not apply to products that the board, upon application of a manufacturer, exempts by rule because the product is formulated to effectively prevent conversion of the active ingredient into methamphetamine or its salts or precursors. The board shall collaborate with the forensic laboratory services bureau of the Washington state patrol during the rule-making process.
     (b) Upon notification of the forensic laboratory services bureau of the Washington state patrol that it has probable cause to believe that a product exempted under (a) of this subsection does not effectively prevent conversion of the active ingredient into methamphetamine or its salts or precursors, the board may issue a summary suspension of the exemption for the product pending the completion of the rule-making process to permanently revoke the exemption.
     (3) Records of transactions involving products containing ephedrine, pseudoephedrine, or phenylpropanolamine are subject to inspection by the board and law enforcement agencies. A person required to make or maintain records of transactions involving products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall forward the records to a law enforcement agency if directed to do so by that agency.

Sec. 2   RCW 69.50.4013 and 2003 c 53 s 334 are each amended to read as follows:
     (1) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.
     (2) It is an affirmative defense which the defendant must prove by a preponderance of the evidence to a charge of violating subsection (1) of this section by unlawfully possessing ephedrine, pseudoephedrine, or phenylpropanolamine that the person:
     (a) Obtained the ephedrine, pseudoephedrine, or phenylpropanolamine lawfully;
     (b) Possessed no more than six grams of ephedrine, pseudoephedrine, or phenylpropanolamine, the salts, isomers, or salts of isomers of ephedrine, pseudoephedrine, or phenylpropanolamine, or a combination of any of these substances; and
     (c) Possessed the ephedrine, pseudoephedrine, or phenylpropanolamine under circumstances that are consistent with typical medicinal or household use, as indicated by factors that include, but are not limited to, storage location, purchase date, possession of the products in a variety of strengths, brands, types or purposes, and expiration dates.
     (3) Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.

NEW SECTION.  Sec. 3   The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective January 1, 2010:
     (1) RCW 69.43.105 (Ephedrine, pseudoephedrine, phenylpropanolamine -- Sales restrictions--Exceptions -- Penalty) and 2005 c 388 s 2;
     (2) RCW 69.43.110 (Ephedrine, pseudoephedrine, phenylpropanolamine -- Sales restrictions -- Penalty) and 2005 c 388 s 4, 2004 c 52 s 5, & 2001 c 96 s 9;
     (3) RCW 69.43.120 (Ephedrine, pseudoephedrine, phenylpropanolamine -- Possession of more than fifteen grams -- Penalty--Exceptions) and 2001 c 96 s 10;
     (4) RCW 69.43.130 (Exemptions--Pediatric products--Products exempted by the state board of pharmacy) and 2004 c 52 s 7 & 2001 c 96 s 11; and
     (5) RCW 69.43.170 (Ephedrine, pseudoephedrine, phenylpropanolamine -- Pilot project to record retail transactions--Penalty) and 2005 c 388 s 8.