Authors: Representative Ben Smaltz
Co-authors: Representative Lloyd Arnold, Representative Wendy McNamara, Representative David Ober
Makes: (1) dealing in methamphetamine a Level 4 felony instead of a Level 5 felony; and (2) possession of methamphetamine a Level 5 felony instead of a Level 6 felony; if the person who committed the felony has a prior conviction for dealing in certain controlled substances, the person committed the felony while in possession of a firearm, the person committed the felony in, on, or within 1,000 feet of school property or a public park while a person under 18 years of age was reasonably expected to be present, the person who committed the felony delivered or financed the delivery of the drug to a person under 18 years of age and at least three years junior to the person, the person who committed the felony manufactured or financed the manufacture of the drug, or the person committed the offense in the physical presence of a child less than 18 years of age, knowing that the child was present and might be able to see or hear the offense. Makes materials, compounds, mixtures, and preparations that contain ephedrine or pseudoephedrine schedule IV controlled substances subject to being dispensed only by a prescription until July 1, 2018. Provides that a drug containing ephedrine or pseudoephedrine may be sold by a pharmacy or NPLEx retailer to an individual without a prescription during any 365 day period if the individual has obtained drugs that contain not more than 9.6 grams of ephedrine or pseudoephedrine, or both, during the 365 day period. Prohibits a person from purchasing drugs containing more than 9.6 grams of ephedrine or pseudoephedrine, or both, in a 365 day period without a prescription. Provides that, after June 30, 2016, a pharmacy or NPLEx retailer may not sell a drug that contains the active ingredient of ephedrine, pseudoephedrine, or both, under this section unless the individual package that contains the drug has a unique serial number or other identifying code printed on the individual package by the manufacturer of the individual package. Makes possessing paraphernalia a Level 6 felony instead of a Class A misdemeanor if the person who committed the offense was in possession of methamphetamine or a chemical reagent or precursor while committing the offense. Provides that a person who: (1) has been convicted of possessing paraphernalia as a Level 6 felony because the person was in possession of methamphetamine or a chemical reagent or precursor while committing the offense; and (2) not later than seven years from the date the person was sentenced for the offense; knowingly or intentionally possesses ephedrine, pseudoephedrine, or phenylpropanolamine, pure or adulterated, commits possession of a precursor by a methamphetamine offender, a Level 6 felony. Makes conforming amendments.