Chapter 9.25
CONTROLLED SUBSTANCES

Sections:

9.25.010    Definitions.

9.25.020    Security of pseudo-ephedrine products.

9.25.030    Sale by pharmacist or licensed pharmacy technician.

9.25.040    Quantity that may be sold.

9.25.050    Purchaser identification requirements.

9.25.060    Confidentiality of identification information.

9.25.070    Requirement to report suspicious sale.

9.25.010 Definitions.

For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

“Licensed pharmacy technician” means a person licensed by the state to assist a pharmacist.

“Pharmacist” means a person licensed by the state in the art, practice, or profession of preparing, preserving, compounding, and dispensing medical drugs.

“Proper identification” means a recognized government issued photo identification of purchaser including, but not limited to, a driver’s license, identification card or passport.

“Pseudo-ephedrine” means a drug commonly used in decongestants and can be illegally processed to make methamphetamine. Ephedrine, norpseudoephedrine, and phenylpropanolamine shall be included in this definition as pseudo-ephedrine products. [Ord. 2005-12, 9-27-2005. Code 2006 § 10-4-1].

9.25.020 Security of pseudo-ephedrine products.

Any establishment that offers pseudo-ephedrine products in a tablet or powdered form must hold such products in an area that is not accessible to the public and where such products are continually monitored to prevent theft or unauthorized or uncontrolled purchases. [Ord. 2005-12, 9-27-2005. Code 2006 § 10-4-2].

9.25.030 Sale by pharmacist or licensed pharmacy technician.

It shall be required that any compound, mixture or preparation that contains detectable quantities of pseudo-ephedrine in a tablet or powdered form be sold by a pharmacist or licensed pharmacy technician. [Ord. 2005-12, 9-27-2005. Code 2006 § 10-4-3].

9.25.040 Quantity that may be sold.

It shall be prohibited for a retailer to sell more than a total of nine grams in tablet or powdered form of ephedrine, pseudo-ephedrine, norpseudoephedrine or phenylpropanolamine to a person within a 30-day period; provided, however, this limit shall not apply to any quantity of such tablet or powdered form of ephedrine, pseudo-ephedrine, norpseudoephedrine or phenylpropanolamine dispensed pursuant to a valid prescription. [Ord. 2005-12, 9-27-2005. Code 2006 § 10-4-4].

9.25.050 Purchaser identification requirements.

It shall be required that any person purchasing pseudo-ephedrine products in a tablet or powdered form present proper identification and sign a log that shows the date of the transaction, the name of the purchaser, and the amount of the compound requested. [Ord. 2005-12, 9-27-2005. Code 2006 § 10-4-5].

9.25.060 Confidentiality of identification information.

The purchaser log will be retained by retailer for a period of six months, unless otherwise directed by law enforcement, and will be considered a confidential document that will only be available to the pharmacist, licensed pharmacy technician, law enforcement, or by order of a court. [Ord. 2005-12, 9-27-2005. Code 2006 § 10-4-6].

9.25.070 Requirement to report suspicious sale.

The retailer and pharmacy employees will be required to report to the police department by telephone any attempt by a purchaser to purchase larger quantities than allowable by this chapter or any other suspicious activity or purchases that may be related to the manufacture or possession of illegal drugs. [Ord. 2005-12, 9-27-2005. Code 2006 § 10-4-7].