18.2-248.8 - Sale of the methamphetamine precursors ephedrine and pseudoephedrine; penalty. - Virginia Statutes

§ 18.2-248.8. Sale of the methamphetamine precursors ephedrine andpseudoephedrine; penalty.

A. The sale of any product containing ephedrine, pseudoephedrine, or any oftheir salts, isomers, or salts of isomers, alone or in a mixture, shall berestricted when provided or sold by a retail distributor or pharmacy asfollows:

1. Retail sales shall be limited to no more than 3.6 grams total of eitherephedrine or pseudoephedrine daily per individual customer.

2. Retail personnel shall be instructed in special procedures to be used inthe sale of drug products containing ephedrine or pseudoephedrine.

3. Effective September 30, 2006, when any substance containing ephedrine orpseudoephedrine is provided or sold:

a. The product shall only be displayed for sale behind a store counter thatis not accessible to consumers, or in a locked case that requires assistanceby a store employee for customer access;

b. Any person purchasing, receiving, or otherwise acquiring any suchsubstance shall, prior to taking possession, present photo identificationissued by a government or an educational institution;

c. The seller shall maintain a written or electronic log with the purchaser'sname and address, product name, quantity sold, and the date and time of thetransaction;

d. The purchaser shall enter into the log his name and address, the time anddate of the sale, and sign the record;

e. The purchaser shall sign the record acknowledging an understanding of theapplicable sales limit and that entering false statements ormisrepresentations in the log may subject the purchaser to criminal penaltiesunder § 1001 of Title 18 of the United States Code; and

f. The sale of a single package to an individual shall not require entry inthe log provided it is an isolated sale and the package contains not morethan 60 milligrams of pseudoephedrine.

B. This section does not apply to:

1. Any quantity of such substance properly dispensed under a validprescription; or

2. Any product that the United States Attorney General determines cannot beused in the illicit manufacture of methamphetamine.

C. Retail sellers of ephedrine and pseudoephedrine shall maintain records ofall such sales transactions for a period of two years from the date of thelast entry beginning September 30, 2006. Retail sellers shall not use ordisclose the information in the records for any purpose other than to ensurecompliance with this section, the federal Combat Methamphetamine Epidemic Actof 2005, or to facilitate a product recall necessary to protect public healthand safety. However, retail sellers shall report the information in the logto law-enforcement personnel upon request and any retail seller who in goodfaith releases information maintained in the log to law-enforcementauthorities is immune from civil liability for such release unless therelease constitutes gross negligence or intentional, wanton or willfulmisconduct.

D. Any person who willfully violates this section is guilty of a Class 1misdemeanor.

(2006, cc. 865, 893.)