[HISTORY: Adopted by the City Commission of the City of Parsons
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 189.
[Adopted 4-4-2011 by Ord. No. 6231]
The Commission of the City of Parsons has found the manufacture,
transportation, possession and sale of methamphetamine to be inherently
dangerous and that the chemical precursors of methamphetamine and
the by-products and wastes of methamphetamine production are inherently
dangerous and injurious to the public health, safety and welfare of
the citizens of the City. Regulation of the sale of the chemical precursors
to methamphetamine production, such as ephedrine products and pseudoephedrine
products, is necessary to protect the citizens of the City.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
All forms of ephedrine, ephedrine hydrochloride and all combinations
of these chemicals and any methamphetamine precursor drug containing
these chemicals.
Any drug or substance used to manufacture methamphetamine
that contains psuedoephedrine or ephedrine.
Any number of pills, tablets, capsules, caplets or individual
units of a substance held within a container intended for sale.
Any individual, corporation, partnership, trust, limited-liability
company, firm, association or other entity.
All forms of pseudoephedrine, pseudoephedrine hydrochloride
and all combinations of these chemicals and any methamphetamine precursor
drug containing these chemicals.
To knowingly furnish, give away, exchange, transfer, deliver,
surrender, or supply, whether for monetary gain or not.
It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine, and pseudoephedrine- or ephedrine-containing products, their salts, their optical isomers or salts of their optical isomers except as set forth in the specific exceptions contained in § 280-4 of this article.
A.
Ephedrine, pseudoephedrine and pseudoephedrine- or ephedrine-containing
products, their salts, their optical isomers or salts of their optical
isomers may be sold by a Kansas-licensed pharmacist after being authorized
to do so by a written prescription from a physician or other healthcare
professional licensed by the State of Kansas or any other state to
write prescriptions.
B.
Ephedrine, pseudoephedrine and pseudoephedrine- or ephedrine-containing
products, their salts, their optical isomers or salts of their optical
isomers may be distributed by a licensed physician within the physician's
office, or any clinic, nursing home or other licensed healthcare facility
upon the orders of a physician or other healthcare professional licensed
by the State of Kansas or any other state to write prescriptions.
C.
This section regulating ephedrine, pseudoephedrine or other methamphetamine
precursor drugs shall not apply to the sale of animal feed containing
ephedrine or dietary supplement products containing naturally occurring
or herbal ephedra or extracts of herbal ephedra.
It shall be prima facie proof that a substance is regulated
by this section if the substance is contained in its original packaging
and is labeled as being or containing ephedrine or pseudoephedrine.
A.
All thefts, shortages, disappearances, miscounts or other losses
of ephedrine, pseudoephedrine or other methamphetamine precursor drugs
shall be reported to the Police Department of the City of Parsons
within 24 hours of discovery.
B.
Any person selling ephedrine, pseudoephedrine or other methamphetamine
precursor drugs shall report any difference between the quantity of
the aforementioned drugs shipped and the quantity received to the
Police Department of the City of Parsons within 24 hours of discovery.
Every act or omission constituting a violation of any of the
provisions of this article by any agent or employee of any person
shall be deemed and held to be an act of such person, and said person
shall be punishable in the same manner as if said act or omission
had been done or omitted by him/her or it personally, provided such
an act or omission was within the scope of employment or the scope
of authority of such agent or employee. Each such violation of this
article shall be considered a separate offense. Violation of this
article shall be considered and punished as a Class A misdemeanor.
This article shall be in full force and effect on and after
June 1, 2011 and publication in the official City newspaper.