2010 Mississippi Code
TITLE 41 - PUBLIC HEALTH
Chapter 29 - Poisons, Drugs and Other Controlled Substances.
41-29-315 - Restrictions on purchase and sale of certain methamphetamine precursors; penalties.

§ 41-29-315. Restrictions on purchase and sale of certain methamphetamine precursors; penalties.
 

(1)  For the purposes of this section, the following words and phrases shall have the meanings attributed to them unless the context clearly requires otherwise: 

(a) "Pseudoephedrine" means pseudoephedrine, its salts or optical isomers, or salts of optical isomers. 

(b) "Ephedrine" means ephedrine, its salts or optical isomers, or salts of optical isomers. 

(c) "Tablet" means a solid dosage form of varying weight, size and shape that may be molded or compressed and that contains a medicinal substance in pure or diluted form; the term also includes "caplet" but does not include "capsule." 

(d) "Capsule" means a dosage form in which a medicinal substance is enclosed by either a hard or soft soluble outer shell. 

(2) (a)  A retail establishment or individual shall not transfer, sell, deliver, distribute, dispense or provide to a consumer in a single day more than three and six-tenths (3.6) grams of pseudoephedrine base or ephedrine base. 

(b) No person shall purchase, receive, or otherwise acquire in a single day more than three and six-tenths (3.6) grams of pseudoephedrine base or ephedrine base. 

(c) No person shall purchase, receive, or otherwise acquire more than nine (9) grams of any compound, mixture or preparation containing pseudoephedrine base or ephedrine base within any thirty-day period; this quantity limitation shall not apply to any quantity of compound, mixture or preparation containing pseudoephedrine or ephedrine dispensed pursuant to a valid prescription. 

(d) (i) All packages of tablets containing pseudoephedrine or ephedrine shall be stored by retail establishments by placing the product behind a counter where the public does not have direct access. 

(ii) The retailer shall deliver the product directly into the custody of the purchaser. 

(iii) In accordance with criteria issued by the United States Attorney General, maintain a written or electronic log of sales that identifies products by name, quantity sold, the name and address of purchasers, and the dates and times of the sales. 

1. The seller shall determine that the name entered in the logbook corresponds to the name provided on the purchaser's proof of identification and that the date and time of purchase are correct. 

2. The seller shall check that the name of products and quantity sold are correct. 

3. The logbook must include, in accordance with criteria of the Attorney General, a notice to purchasers that entering false statements or misrepresentations in the logbook may subject purchasers to criminal penalties under 18 USC 1001, which notice specifies the maximum fine and term of imprisonment under such section. 

4. The seller shall maintain each entry in the logbook for not fewer than two (2) years after the date on which the entry is made. 

5. Individuals who are responsible for delivering such products into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products shall undergo training provided by the seller to ensure that the individuals understand the requirements as established by the Attorney General; certification of such training shall be submitted by the seller to the Attorney General. 

6. The log requirements shall not apply to purchases of single sale packages containing no more than sixty (60) milligrams of pseudoephedrine. 

(e) Every wholesaler of pseudoephedrine or ephedrine products shall provide the Bureau of Narcotics with copies of all sales receipts of such products upon request of the bureau. Wholesalers shall be required to maintain this information for a period of not less than one (1) year. 

(3)  The retail sale of any nonliquid compound, mixture or preparation containing pseudoephedrine or ephedrine is limited to sales in blister packages containing not more than a total of two (2) dosage units per blister of pseudoephedrine or ephedrine; "dosage unit" shall have the meaning ascribed in Section 41-29-139. 

(4)  No retailer may sell to any person any product or products containing pseudoephedrine or ephedrine unless the retailer requires the purchaser to display photo identification and sign a logbook as required in subsection (2) (d) (iii) in order to complete the purchase. 

(5) (a)  Except as provided in paragraphs (b) and (c) of this subsection, any violation of this section is a misdemeanor subject to a fine of not more than Two Hundred Fifty Dollars ($250.00). 

(b) Any person who shall transfer, sell, deliver, distribute, dispense, provide, or purchase, receive, or otherwise acquire two hundred fifty (250) or more dosage units or fifteen (15) grams or more in weight (dosage unit and weight as defined in Section 41-29-139) of pseudoephedrine or ephedrine in a single retail transaction, knowing, or under circumstances where one reasonably should know, that the pseudoephedrine or ephedrine will be used to unlawfully manufacture a controlled substance shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or both. 

(c) A retailer who is the general owner or operator of an establishment that sells pseudoephedrine or ephedrine products shall not be penalized pursuant to this section if the retailer documents that an employee training program was conducted to train employees on compliance with this section. 
 

Sources: Laws, 2005, ch. 309, § 1; Laws, 2009, ch. 540, § 1, eff from and after July 1, 2009.