HB 1012 -- Sale or Possession of Products Used in
Methamphetamine Manufacture

Co-Sponsors:  Mayer, Portwood, Wright, Hunter, Hosmer, Jetton,
Merideth

This bill creates new criminal laws regulating the sale or
possession of ephedrine, pseudoephedrine, or
phenylpropanolamine, which are commonly used in the manufacture
of methamphetamine.  In its main provisions, the bill:

(1)  Requires any manufacturer or wholesaler of ephedrine,
pseudoephedrine, or phenylpropanolamine to report any person
engaging in a suspicious transaction, as defined in the bill, to
the Department of Health.  Failure to report a suspicious
transaction is a class D felony;

(2)  Prohibits the possession of more than 5 grams of ephedrine
or 9 grams of pseudoephedrine.  This prohibition does not apply
to pharmacists, physicians, other medical professionals,
manufacturers, wholesalers, distributors, or any person in their
residence under circumstances consistent with typical medicinal
or household use.  Possession of more than the specified amounts
is prima facie evidence of intent to manufacture methamphetamine
or other controlled substances and is a class D felony for the
first offense and a class C felony for the second or any
subsequent offense;

(3)  Prohibits the sale or distribution of any product
containing ephedrine, pseudoephedrine, or phenylpropanolamine if
the person knows that the purchaser will use the product as a
precursor to manufacturing methamphetamine or other controlled
substances or if the person sells the product with reckless
disregard for its use.  A violation of this provision is a class
D felony or a class C felony for the second or any subsequent
offense;

(4)  Prohibits the purchase of, or the sale or distribution by a
retail distributor or employee in a single transaction of, any
of the following:  (a) more than 3 packages of products known to
contain ephedrine, pseudoephedrine, or phenylpropanolamine,
where the total quantity is greater than 9 grams; (b) any single
package of more than 96 individual units that contains any of
the 3 substances, where the total quantity is greater than 9
grams; (c) more than 3 grams of the substances, when sold in
blister packs, dose packets, or pouches where each blister,
packet, or pouch contains 2 dosage units or less; or (d) more
than 3 grams of the substances in the case of liquids.  A
violation of this provision is a class A misdemeanor.  This
provision lists certain exceptions, including pediatric products
in specified amounts, products specifically exempted by the
Department of Health, and products sold in packages of 3 grams
or less where the total sale is for less than 3 packages or 9
grams.  Owners or operators of outlets where these substances
are sold will not be subject to prosecution on employee
violations if they provide an employee training program and
document that the program was completed by all employees who
sell the substances.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am