SUMMARY REGARDING PRODUCTS CONTAINING PSEUDOEPHEDRINE AND EPHEDRINE
NOTICE – this document is not intended as legal advice and any questions related to the sale of such products should be addressed with private counsel. If you have any questions, you are encouraged to review the actual legal documents referenced in this summary. Additional requirements for Mobile Retail Venders and Mail Order transactions are not addressed in this document.
CURRENT LAW
- Retail sales of pseudoephedrine or ephedrine-based products cannot exceed a daily amount of 3.6 grams per purchaser and all non-liquid product must be sold in blister packs.
- PURCHASERS are restricted to purchasing no more than 9 grams of pseudoephedrine or ephedrine-based drug in a 30 day period.
- Exceptions – medications properly dispensed under a valid prescription, and certain products as determined by the United States Attorney General.
NEW PROVISIONS EFFECTIVE SEPTEMBER 30, 2006
- Any product containing pseudoephedrine or ephedrine must be displayed behind the counter OR in a locked case which requires assistance.
- Retail personnel must be instructed on special procedures to be used in the sale of pseudoephedrine or ephedrine-based products.
- Purchaser must present government issued photo ID;
- Sales Requirements:
- Seller must maintain a logbook with purchaser’s name and address, product name, quantity sold, and the date and time of the transaction;
- Purchaser must enter into the logbook his name, address, signature and time and date of sale;
- Purchaser’s signature acknowledges his understanding that entering false statements may be subject to criminal penalties;
- Seller must determine the information is correct and enter the name of the product and quantity sold;
- Logbook must be maintained for 2 years.
- Exception - a single package to an individual does not require an entry in the logbook if the package contains no more than 60 milligrams of pseudoephedrine.
- Seller must have a self-certification which states he has undergone training provided by the retailer to ensure that the employees understand the requirements;
- Note: the self-certification program has yet to be developed by the DEA but should be available in the near future.
Reference Documents:
- Virginia Department of Health, Emergency Order – Meth Precursors, Sept. 15, 2005
- 21 U.S. Code §§ 830 & 844; Combat Methamphetamine Epidemic Act of 2005
- 2006 Acts of Assembly Chapters 865 and 893
