To: AWMA Members
From: Scott Ramminger & Anne Holloway
Re: Pseudoephedrine & ephedrine
Date: April 14, 2004

Background

The U.S. Drug Enforcement Administration (DEA) has long regulated products containing ephedrine and pseudoephedrine, which involve many over-the-counter medications designed to relieve allergy and cold symptoms. The purpose of such regulation has been to combat the illicit production and distribution of methamphetamine – a controlled substance – which requires the use of ephedrine and pseudoephedrine in its manufacture. Since 1997, the DEA has required wholesale companies that distribute these cold and allergy medicines, which contain ephedrine or pseudoephedrine, to register with that agency.

In addition, there has been considerable activity on the state level on this issue. Some states are considering – or have already enacted – legislation to restrict the accessibility of ephedrine and pseudoephedrine products. Some states have regulated the number of ephedrine products an individual may purchase at one time. Other states, are considering or have enacted legislation requiring that these products be kept behind checkout counters, stocked within 6 feet of the checkout or else tagged with anti-theft devices.

Oklahoma Adopts Tough New Law

Most recently, a tough new law enacted in Oklahoma would add significant restrictions on the sale of pseudoephedrine products. Apparently, the murders of 3 state troopers in that state in the past four years by methamphetamine users pointed up the emotional side of this issue and helped spark enactment of this hard-hitting new law. Basically, the new law in Oklahoma would add pseudoephedrine to Schedule V of the state’s controlled substance list. Under the new law, pharmacies would be required to place all products containing pseudoephedrine behind the counter, with an exemption for pseudoephedrine combination products in liquid, liquid-gel, and gelcap form. In addition, purchasers would be required to show identification and sign a log when buying these products. The measure also prohibits the sale of more than 9 grams of pseudoephedrine within any 30-day period – again, excluding those pseudoephedrine products contained in liquid filled capsules or liquid form.

According to a recent memo from the U.S. DEA and the Oklahoma Bureau of Narcotics (OBN), that state has seen a 12,000% increase in meth lab seizures over the past 10 years. And, both agencies cite pseudoephedrine tablets as the main ingredient being used in the manufacturing of methamphetamine.

Action in Other States

Many other states have adopted or consideration adopting stricter regulations with respect to the sale of these products as well. Just recently, a bill was introduced in the Alabama House – Bill 649 – that would restrict the sale of any medicine containing ephedrine, pseudoephedrine or phenylpropanolamine. The bill requires behind the counter only sales of any products containing these ingredients. The bill also requires that a record of every sale be kept by the retailer. In Colorado, however, a bill to require a 2 package retail sales limit on all pseudoephedrine products was defeated in the House. This bill would have also required an 18-and-over age limit for these products and would have required ID with all sales along with the maintenance of a registry of all sales. And, in Georgia, a last-minute amendment to a bill considered by the State Senate would require all single-entity pseudoephedrine products to be placed behind the counter and be available only in pharmacies.

Clearly this issue is making inroads in many state legislatures across the country as lawmakers work to address the growing problems associated with the manufacturing of methamphetamines.

Make Sure You are in Compliance!

Obviously, if you handle these products you should already be registered with the DEA. However, wholesaler distributors and retailers also need to be aware of any new restrictions or regulations on these products to ensure that they are in compliance with state laws. Any new laws and regulations restricting the sale of pseudoephedrine products should be well publicized through the states’ narcotics bureau. In addition, you may wish to visit the DEA’s website outlining in further detail regulations regarding the distribution of these products at www.deadiversion.usdoj.gov. However, feel free to call AWMA’s Anne Holloway (703) 208-1643 if you have any questions. And, if you suspect suspicious activity that may indicate the manufacturing of methamphetamine you should call your local police immediately.