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7, 2010, repealed ch. 221 "ephedrine control" and enacted new provisions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:
To knowingly sell, furnish, give away, exchange, transfer,
deliver, surrender or supply, whether for monetary gain or not.
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride,
pseudoephedrine hydrochloride, phenylpropanolamine, and all combinations
of these chemicals.
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity selling an ephedrine
product to customers.
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.Â
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.Â
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.Â
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.Â
No
exception may be granted for any product containing ephedrine or pseudoephedrine
which is a Schedule V drug pursuant to Missouri law.
C.Â
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.
