SB978: Methamphetamine precursors; electronic log.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-248.8 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-248.8. Sale of the methamphetamine precursors ephedrine and pseudoephedrine; penalty.
A. The sale of any product containing ephedrine, pseudoephedrine, or any of their salts, isomers, or salts of isomers, alone or in a mixture, shall be restricted when provided or sold by a retail distributor or pharmacy as follows:
1. Retail sales shall be limited to no more than 3.6 grams total of either ephedrine or pseudoephedrine daily per individual customer.
2. Retail personnel shall be instructed in special procedures to be used in the sale of drug products containing ephedrine or pseudoephedrine.
Effective September 30, 2006, whenWhen
any substance containing ephedrine or pseudoephedrine is provided or sold:
a. The product shall only be displayed for sale behind a store counter that is not accessible to consumers or in a locked case that requires assistance by a store employee for customer access;
b. Any person purchasing, receiving, or otherwise acquiring any such substance shall, prior to taking possession, present photo identification issued by a government or an educational institution;
c. The seller shall maintain
a written or an electronic
log with the purchaser's name, date of birth, and
address, the type of identification provided by the
purchaser, the identification number and the issuing government
or educational institution, the
product name, quantity sold, and the date and time of the
The purchaser shall enter into the log his name and
address, the time and date of the sale, and sign the record; e. The purchaser shall sign the record
acknowledging an understanding of the applicable sales limit and that enteringproviding
false statements or misrepresentations inregarding
information required to be entered into the log may subject the
purchaser to criminal penalties under § 1001 of Title 18 of the United States
Code; and fe. The
sale of a single package to an individual shall not require entry in the log
provided it is an isolated sale and the package contains not more than 60
milligrams of pseudoephedrine.
B. This section does not apply to:
1. Any quantity of such substance properly dispensed under a valid prescription; or
2. Any product that the United States Attorney General determines cannot be used in the illicit manufacture of methamphetamine.
C. Retail sellers of ephedrine and pseudoephedrine shall
maintain records of all such sales transactions for a period of two years from
the date of the last entry
30, 2006. Retail sellers shall not use or disclose the information
in the records for any purpose other than to ensure compliance with this
section, the federal Combat Methamphetamine Epidemic Act of 2005, or to
facilitate a product recall necessary to protect public health and safety.
However, retail sellers shall report the
information in the log to allow law-enforcement
personnel to inspect the log upon request and
without a warrant, and
any retail seller who in good faith releases information maintained in the log
to law-enforcement authorities is immune from civil liability for such release
unless the release constitutes gross negligence or intentional, wanton or
D. The log shall be an electronic purchase log established and administered by the Board of Pharmacy that shall be capable of checking compliance against all state, local and federal laws, including interfacing with other states to ensure comprehensive compliance.
E. Any person who willfully violates this section is guilty of a Class 1 misdemeanor.