City of Pacific, MO
Franklin County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2769 §1, adopted December 7, 2010, repealed ch. 221 "ephedrine control" and enacted new provisions set out herein. Former ch. 221 derived from ord. no. 2323 §1, 2-18-03.
[Ord. No. 2769 §1, 12-7-2010]
As used in this Chapter, the following words and/or phrases shall have the following meanings as set forth herein:
DISTRIBUTE
To knowingly sell, furnish, give away, exchange, transfer, deliver, surrender or supply, whether for monetary gain or not.
EPHEDRINE
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, phenylpropanolamine, and all combinations of these chemicals.
PERSON
Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity selling an ephedrine product to customers.
RELATED PRODUCT
Any product that contains ephedrine, its salts, isomers or salts of isomers as its sole active ingredient or in combination with less than therapeutically significant quantities or other active ingredients.
[Ord. No. 2769 §1, 12-7-2010; Ord. No. 2773 §1, 12-21-2010]
It shall be illegal for any person to distribute ephedrine or related products without a valid prescription written by a licensed physician, or such other persons legally authorized to write prescriptions pursuant to Chapter 338, RSMo., and filled by a Missouri licensed pharmacist.
[Ord. No. 2769 §1, 12-7-2010]
A. 
Any person who distributes ephedrine or related products and who discovers a theft, disappearance or other loss of ephedrine or related products shall report the theft, disappearance or loss in writing to the Pacific, Missouri, Police Department within three (3) calendar days of such a discovery.
B. 
Any person who distributes ephedrine or related products shall report to the Pacific Police Department any difference between the quantities of ephedrine or related products shipped and the quantities of such received within three (3) calendar days of such discovery.
[Ord. No. 2849 §1, 11-20-2012]
A. 
Upon written exemption granted by the Chief of Police and maintained in City records in response to a written application of a retailer or manufacturer, any product containing any compound, mixture, or preparation containing any detectable quantity of ephedrine or related products to which it is proven by the manufacturer that it is not feasible to convert the active ingredients of such product into methamphetamine or its salts or precursors shall be exempt from this Chapter. For purposes of this Subsection, "proven" includes, but is not limited to, the fact that the compound, mixture, or preparation releases not more than two percent (2%), if any, of the active ingredient used for conversion into methamphetamine or its salts or precursors. It is the responsibility of the retailer or manufacturer to provide clear and convincing evidence to "prove" the specific product the manufacturer is seeking exemption for is a tamper-resistant product not feasible to be converted into methamphetamine.
B. 
No exception may be granted for any product containing ephedrine or pseudoephedrine which is a Schedule V drug pursuant to Missouri law.
C. 
The Chief of Police may review and coordinate with local Law Enforcement Agencies with regard to the analysis of a product's feasibility for use in the manufacture of methamphetamine or its salts or precursors. The Chief of Police is authorized to coordinate with such other State and/or Federal agencies which he/she deems appropriate regarding such analysis. Upon notification from any local Law Enforcement Agency or determination by the Chief of Police that there is probable cause to believe that a product exempted under this paragraph is feasible for the conversion of the active ingredient into methamphetamine or its salts or precursors, the Chief of Police may immediately revoke the exemption for the product on a temporary basis and thereafter consider further evidence in order to determine whether exemption should be revoked permanently with Board of Aldermen approval.
[Ord. No. 2769 §1, 12-7-2010]
Any person violating this Chapter shall be guilty of an offense and upon a plea of guilty or a finding of guilt, shall be subject to the penalty set forth in Section 100.170 of this Code. A separate offense shall be deemed committed for each distribution or each offering to distribute.