§ 18-141. [Regulation of the sale of ephedrine/pseudoephedrine products, and methamphetamine precursors.]

(a)

Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ephedrine means all forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.

Methamphetamine precursor drug means any drug or substance as described in RSMo. § 195.010.

Person means any individual, corporation, partnership, trust, limited liability company, firm, association, or other entity.

Pseudoephedrine means all forms of pseudoephedrine, pseudoephedrine hydrochloride, and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.

Sell means to knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.

(b)

Prohibitions. It shall be illegal for any person to sell, deliver, distribute or purchase ephedrine, pseudoephedrine or any other methamphetamine precursor drugs except as set forth in the specific exceptions contained in this article.

(1)

Exceptions. The below shall be excepted from the provisions of the aforesaid subsection (b).

a.

Any person purchasing or receiving medications containing ephedrine, pseudoephedrine or other methamphetamine precursor drugs from a retail pharmacy must first obtain a prescription from a physician or other healthcare professional licensed by the State of Missouri to write prescriptions. No retail pharmacy shall dispense, sell or provide these drugs without first having obtained a prescription from a physician or other healthcare professional licensed by the State of Missouri to write prescriptions.

b.

Ephedrine, pseudoephedrine, or other methamphetamine precursor drugs may be distributed by a licensed physician, or other healthcare professional licensed by the State of Missouri to write prescriptions, within the physician's/healthcare professional's office, clinic, nursing home or other licensed healthcare facility.

c.

The control on these drugs shall not prohibit individual healthcare practitioners, licensed for such authority by the State of Missouri, from issuing orders in their professional practices and licensed healthcare facilities.

d.

The sale, delivery, distribution or purchase of animal feed/supplements containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra as authorized by a licensed veterinarian.

e.

The sale, delivery, distribution or purchase of any compound, mixture, or preparation identified by the Federal Drug Administration (FDA) containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except any dietary supplements, herbs, or natural products, including concentrates or extracts, that are not otherwise prohibited by law and that contain naturally occurring ephedrine alkaloids in a matrix of organic material such that the substances do not exceed fifteen (15) percent of the total weight of the dietary supplement, herb, or natural product.

f.

Upon written exemption granted by the police chief, either in response to an application of a manufacturer or based on other information received by the police chief and for so long as the written exemption is valid, the sale, delivery, distribution or purchase of any product containing any compound, mixture, or preparation of any detectable quantity of ephedrine, phenlypropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers from the application of all or any part of RSMo. §§ 195.010 to 195.320 because the product is proven to not be feasible for the conversion of the active ingredient into methamphetamine or its salts or precursors. No exemption may be granted for any product containing ephedrine or pseudoephedrine that also contains another Schedule V drug pursuant to Missouri law. For purposes of this subsection, "proven" includes but is not limited to the fact that the compound, mixture, or preparation releases a deminimus amount of the active ingredient used for conversion into methamphetamine or its salts or precursors.

1.

A list of exempted products if any will be maintained in the office of the chief of police, a copy of which will be provided to the city clerk.

2.

Within thirty (30) days of the granted exemption, the list shall be presented to the city council.

3.

The police chief will review and coordinate with local law enforcement agencies with regard to the analysis of product feasibility for use in the manufacture of methamphetamine or its salts or precursors. The police chief is authorized to coordinate with such other current state and/or federal agencies which they deem appropriate regarding such analysis. Upon determination by the police chief that there is probable cause to believe that a product exempted under this paragraph is feasible for the conversion of an active ingredient into methamphetamine or its salts or precursors, this exemption shall be immediately revoked for the product on a temporary basis and thereafter consider further evidence in order to determine whether the exemption should be revoked permanently.

(c)

Prima facie evidence. It shall be prima facie proof that a substance is regulated by this section if the substance is contained in its original packaging and is labeled as being ephedrine, pseudoephedrine or other methamphetamine precursor drugs.

(d)

Theft of precursor drugs. Reporting theft of methamphetamine precursor drugs.

(1)

All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine, or other methamphetamine precursor drugs shall be reported to the police department within twenty-four (24) hours of discovery.

(2)

Any person selling ephedrine, pseudoephedrine, or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the police department within twenty-four (24) hours of discovery.

(e)

Injunctive relief. The city may seek injunctive relief against any person who is in violation of this section.

(f)

Miscellaneous provisions. If any clause, word, paragraph, section or other part or portion of this article is held to be invalid, illegal or unconstitutional for any reason, the city council hereby declares it would nevertheless have enacted the remaining portions thereof and such remaining portions shall remain in full force and effect.

(Ord. No. 12098, § I, 2-3-2014)