House Amendment 1047


PAG LIN




     1  1    Amend Senate File 169, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  By striking everything after the enacting
     1  4 clause and inserting the following:
     1  5    <Section 1.  Section 124.212, subsection 4, Code
     1  6 2005, is amended by striking the subsection and
     1  7 inserting in lieu thereof the following:
     1  8    4.  PRECURSORS TO AMPHETAMINE AND METHAMPHETAMINE.
     1  9 Unless specifically excepted in paragraph "d" or
     1 10 listed in another schedule, any material, compound,
     1 11 mixture, or preparation which contains any quantity of
     1 12 the following precursors to amphetamine or
     1 13 methamphetamine, including their salts, optical
     1 14 isomers, and salts of their optical isomers:
     1 15    a.  Ephedrine.
     1 16    b.  Phenylpropanolamine.
     1 17    c.  Pseudoephedrine.  A person shall not purchase
     1 18 more than seven thousand five hundred milligrams of
     1 19 pseudoephedrine within a thirty=day period from a
     1 20 pharmacy, unless the person has a prescription for a
     1 21 pseudoephedrine product in excess of that quantity.
     1 22    d.  A pseudoephedrine product warehoused by a
     1 23 distributor located in this state which is warehoused
     1 24 for export to a retailer outside this state is
     1 25 excepted from this schedule.  A distributor
     1 26 warehousing and exporting a pseudoephedrine product
     1 27 shall register with the board and comply with any
     1 28 rules adopted by the board relating to the diversion
     1 29 of pseudoephedrine products from legitimate commerce.
     1 30    Sec. 2.  NEW SECTION.  124.213  PHARMACY
     1 31 PSEUDOEPHEDRINE SALE RESTRICTION == PENALTY.
     1 32    A person who purchases more than seven thousand
     1 33 five hundred milligrams of pseudoephedrine from a
     1 34 pharmacy in violation of section 124.212 within a
     1 35 thirty=day period commits a serious misdemeanor.
     1 36    Sec. 3.  Section 602.8105, subsection 4, Code 2005,
     1 37 is amended by striking the subsection.
     1 38    Sec. 4.  Section 805.8C, subsection 6, Code 2005,
     1 39 is amended by striking the subsection.
     1 40    Sec. 5.  PSEUDOEPHEDRINE == PREEMPTION.  A
     1 41 political subdivision of the state shall not adopt an
     1 42 ordinance regulating the display or sale of products
     1 43 containing pseudoephedrine.  An ordinance adopted in
     1 44 violation of this section is void and unenforceable
     1 45 and any enforcement activity of an ordinance in
     1 46 violation of this section is void.
     1 47    Sec. 6.  DRUG POLICY COORDINATOR == REPORT.  The
     1 48 drug policy coordinator shall report, in a joint
     1 49 meeting, to the committee on judiciary of the senate
     1 50 and the committee on public safety of the house of
     2  1 representatives in January 2006 and in January 2007,
     2  2 the effects of this Act on methamphetamine abuse and
     2  3 related criminal activity.
     2  4    Sec. 7.  Sections 126.23A and 714.7C, Code 2005,
     2  5 are repealed.
     2  6    Sec. 8.  EFFECTIVE DATES.  This Act takes effect
     2  7 sixty days from the date of enactment or July 1, 2005,
     2  8 whichever is earlier.  However, the portion of the
     2  9 section of this Act amending section 124.212,
     2 10 subsection 4, which makes all ephedrine products
     2 11 schedule V controlled substances, takes effect upon
     2 12 enactment.>
     2 13
     2 14
     2 15                               
     2 16 COMMITTEE ON PUBLIC SAFETY
     2 17 BAUDLER of Adair, Chairperson
     2 18 SF 169.503 81
     2 19 jm/pj/1190

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