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Restricting the Sale of Pseudoephedrine and Ephedrine: A Discussion of State Legislation and Administrative Regulations

NCJ Number
209261
Journal
Prosecutor Volume: 39 Issue: 2 Dated: March/April 2005 Pages: 10,12-14,46
Author(s)
Rhea Arledge
Date Published
March 2005
Length
5 pages
Annotation
This article analyzes the effects of State restrictions on the sale of pseudoephedrine and ephedrine.
Abstract
Pseudoephedrine and ephedrine are used in the manufacture of methamphetamine. As such, a number of States have implemented restrictions on the retail sale of these substances in an effort to reduce their accessibility. The main goal of the restrictions is to reduce the illegal manufacture of methamphetamine. However, the type of restrictions placed on the sale of these two substances varies by State. There are four types of restrictions that States have enacted: (1) restrictions on the amount of the product that may be purchased; (2) restrictions on the display location of the products in the store; (3) restrictions on the type of packaging in which the products are sold; and (4) restrictions on the percentages of sales of the products. The author reviews how these restrictions are implemented in each State and then argues that all State legislatures should enact uniform restrictions on the retail sale of methamphetamine precursor substances in order to impact the illegal manufacture of methamphetamine. Without uniform laws State to State, those involved in the manufacture and use of methamphetamine will simply migrate to States with less restrictive laws. Several recommendations are presented including the suggestion that exemptions from the restrictions, such as exemptions for pediatric products, should be eliminated to reduce the dilution of the restrictions. Exhibit, endnotes

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