For purposes of this Article, words and/or phrases shall have
the following meanings as set forth herein:
Any obstructive, physical barrier that separates ephedrine
products from access by a customer or the general public, and which
makes such products available to a customer or the general public
only through or by the act of an employee of the seller.
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride,
pseudoephedrine hydrochloride, phenylpropanolamine and all combinations
of these chemicals.
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 of other active
ingredients.
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 selling an ephedrine
product to customers.
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 or any other methamphetamine precursor
drugs except as set forth in the specific exceptions contained in
this Article.
A.
Ephedrine,
pseudoephedrine or other methamphetamine precursor drugs may be sold
by a Missouri licensed pharmacist after being authorized to do so
by a written prescription from a physician or other health care professional
licensed by the State of Missouri to write prescriptions.
B.
Ephedrine,
pseudoephedrine or other methamphetamine precursor drugs may be distributed
by an authorized licensed physician within the physician's office,
clinic, nursing home or other licensed health care facility.
C.
Upon
written exemption granted in response to an application of a manufacturer,
by the Missouri Department of Health and Senior Services and/or the
Jefferson County Department of Health, and for so long as the written
exemption is valid, any product containing any compound, mixture or
preparation containing any detectable quantity of ephedrine, phenlypropanolamine
or pseudoephedrine or any of their salts or optical isomers or salts
of optical isomers from the application of all or any part of Sections
195.010 to 195.320, RSMo., because the product is proven to not be
feasible for the conversion of the active ingredient into methamphetamine
or its salts or precursors. No exemption may be granted for any product
containing ephedrine or pseudoephedrine that also contains another
Schedule V drug pursuant to Missouri law. For purposes of this Subsection,
"proven" includes but is not limited to the fact that the compound,
mixture or preparation releases a de minimis amount of the active
ingredient used for conversion into methamphetamine or its salts or
precursors.
D.
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 Article if the substance is contained in its original packaging
and is labeled as being ephedrine, pseudoephedrine or other methamphetamine
precursor drugs.
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 Arnold within twenty-four
(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 Arnold within twenty-four (24) hours
of discovery.
The City may seek injunctive relief against any person or business
who is in violation of this Article.
