2006 Ohio Revised Code - 2925.56. Unlawful or improper sales of pseudoephedrine products.

§ 2925.56. Unlawful or improper sales of pseudoephedrine products.
 

(A) (1)  Except as provided in division (A)(2) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall knowingly sell, offer to sell, hold for sale, deliver, or otherwise provide to any individual within a period of thirty consecutive days an amount of pseudoephedrine product that is greater than nine grams. 

(2) Division (A)(1) of this section does not apply to any quantity of pseudoephedrine product dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs if the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code. 

It is not a violation of division (A)(1) of this section for a retailer, terminal distributor of dangerous drugs, or employee of either to provide to an individual more than nine grams of any pseudoephedrine product within a period of thirty consecutive days if the individual is an employee of the retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer, terminal distributor of dangerous drugs, or employee the pseudoephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product. 

(B) (1)  Except as provided in division (B)(2) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall sell, offer to sell, hold for sale, deliver, or otherwise provide a pseudoephedrine product to an individual who is under eighteen years of age. 

(2) Division (B)(1) of this section does not apply to any of the following: 

(a) A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under eighteen years of age and whose conduct is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code; 

(b) A parent or guardian of an individual under eighteen years of age who provides a pseudoephedrine product to the individual; 

(c) A person who, as authorized by the individual's parent or guardian, dispenses, sells, or otherwise provides a pseudoephedrine product to an individual under eighteen years of age; 

(d) The provision by a retailer, terminal distributor of dangerous drugs, or employee of either of a pseudoephedrine product in a sealed container to an employee of the retailer or terminal distributor of dangerous drugs who is under eighteen years of age in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product. 

(C)  No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of division (C)(2) of section 3715.05 of the Revised Code. 

(D)  Whoever violates division (A)(1) of this section is guilty of unlawfully selling a pseudoephedrine product, a misdemeanor of the first degree. 

(E)  Whoever violates division (B)(1) of this section is guilty of unlawfully selling a pseudoephedrine product to a minor, a misdemeanor of the fourth degree. 

(F)  Whoever violates division (C) of this section is guilty of improper sale of a pseudoephedrine product, a misdemeanor of the second degree. 
 

HISTORY: 151 v S 53, § 1, eff. 5-17-06.