Relates to the sale of over-the-counter methamphetamine precursor drugs

Summary of specific provisions

Creates a new section in the general business law, Section 391-00, including but not limited to, the following provisions:

- limits the over the counter sale to packages containing not more than 3.6 grams of one or more methamphetamine precursor drugs, not to exceed 9 grams within a 30 day period

- mandates that all packages of drugs be displayed behind a checkout counter and only be sold by a licensed pharmacist, registered pharmacy technician, or pharmacy clerk

- requires presentation of valid, government issued, photo identification

- requires the buyer to sign a written logbook to be retained by the seller, which the seller shall maintain for at least three years and be open to inspection by law enforcement

- Beginning January 1, 2012, a retailer shall, before completing a sale, electronically submit the required information to the National Precursor Log Exchange (NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI), except that such requirement does not apply to any purchase by an individual of a single sales package if that package contains not more than 60 milligrams of pseudoephedrine.

-retailers are only required to participate as long as the system is provided free of charge

-imposes civil penalties on those who sell methamphetamine precursor drugs in violation of this law

-provides immunity for retailers that violate this section without negligence, wantonness, recklessness, or deliberate misconduct

-the NPLEx system is capable of generating a stop sale alert, which is a notification that completion of the sale would result in the retailer or purchaser violating the quantity limits set forth in this section. The retailer shall not complete the sale if the system generates a stop sale alert, unless threatened by imminent bodily harm.

-The state board of pharmacy may grant a 180 day exemption to any retailer selling a methamphetamine precursor drug if the retailer shows good cause. If an exemption is granted, the retailer must maintain a paper logbook as required by federal law.

- provides a total exemption for retailers who appeal to the state board of pharmacy if the retailer has not sold more than twenty methamphetamine precursor drug products in any seven day period during the sixty day period preceding the date the written request is transmitted.

- exempts wholesale drug distributors licensed and regulated by the state board of pharmacy and the united States drug enforcement administration and methamphetamine precursor drugs obtained pursuant to a valid prescription.

Justification

In 2005, the federal government enacted the Combat Methamphetamine Epidemic Act of 2005 (CMEA), which regulates retail over-the-counter sales of ephedrine, pseudoephedrine, and phenylpropanolamine products because of their use in the manufacture of illegal drugs, specifically methamphetamine. They are also common ingredients used to make cough, cold, and allergy products. Retail provisions of the CMEA include daily sales limits and 30-day purchase limits, placement of product out of direct customer access, sales logbooks, customer ID verification, employee training, and self-certification of regulated sellers. Such legislation is necessary because it is common for persons manufacturing methamphetamine to recruit other people to purchase these precursors. While the CMEA has been helpful to law enforcement when investigating persons suspected of manufacturing methamphetamine, because no such provisions exist in state law, local law enforcement and district attorney's offices cannot pursue violations of purchase limits.

States have led the effort to address the rapid growth of clandestine methamphetamine labs and methamphetamine abuse, by passing laws similar to the CMEA regulating the sale of drugs containing methamphetamine precursors. In fact, nearly all states have passed laws regulating the sale of precursors to methamphetamine. New York's laws regarding methamphetamine are found in the penal code, but such provisions are limited to possession of precursors and manufacturing materials and actual methamphetamine production. As almost every other state has done, this bill codifies many of the same standards

found in the CMEA, in an effort to thwart the "spider-web" process that occurs when methamphetamine manufacturers send multiple people out to purchase precursors on their behalf. Furthermore, participation in the NLPEx system has already been implemented by 16 states and will likely reach 25 by the end of this year. The U.S. Department of Justice claims that states that have enacted similar or more restrictive retail regulations have seen a dramatic drop in small clandestine labs.

Prior legislative history

This is a new Bill.

Fiscal implications

None. The NPLEx system is fully funded by the Consumer Healthcare Products Association (CHPA), which is a member-based organization of manufacturers and distributors of non-prescription, over-the-counter medicine and supplements.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.