Chapter 9.35
METHAMPHETAMINE PRECURSOR DRUGS
Sections:
9.35.03 Prohibition of sale of methamphetamine precursor drugs.
9.35.06 Reporting theft of methamphetamine precursor drugs.
9.35.01 Findings.
The governing body of the City of Baxter Springs has found the manufacture, transportation, possession and sale of methamphetamine to be inherently dangerous and that the chemical precursors of methamphetamine and the byproducts and wastes of methamphetamine production are inherently dangerous and injurious to the public health, safety and welfare of the citizens of the city. Regulation of the sale of the chemical precursors to methamphetamine production, such as ephedrine products and pseudoephedrine products, is necessary to protect the citizens of the city. (Ord. 880 § 1)
9.35.02 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Ephedrine” means all forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.
“Methamphetamine precursor drug” means any drug or substance used to manufacture methamphetamine that contains pseudoephedrine or ephedrine.
“Package” means any number of pills, tablets, capsules, caplets or individual units of a substance held within a container intended for sale.
“Person” means any individual, corporation, partnership, trust, limited liability company, firm, association or other entity.
“Pseudoephedrine” means all forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.
“Sell” means to knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not. (Ord. 880 § 2)
9.35.03 Prohibition of sale of methamphetamine precursor drugs.
It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine, and pseudoephedrine or ephedrine containing products, their salts, their optical isomers or salts of their optical isomers except as set forth in the specific exceptions contained in BSMC 9.35.04. (Ord. 880 § 3)
9.35.04 Exceptions.
(a) Ephedrine, pseudoephedrine and pseudoephedrine or ephedrine containing products, their salts, their optical isomers or salts of their optical isomers may be sold by a Kansas licensed pharmacist after being authorized to do so by a written prescription from a physician or other healthcare professional licensed by the state of Kansas or any other state to write prescriptions.
(b) Ephedrine, pseudoephedrine and pseudoephedrine or ephedrine containing products, their salts, their optical isomers or salts of their optical isomers may be distributed by a licensed physician within the physician’s office, or any clinic, nursing home or other licensed healthcare facility upon the orders of a physician or other healthcare professional licensed by the state of Kansas or any other state to write prescriptions.
(c) This chapter 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. (Ord. 880 § 4)
9.35.05 Prima facie evidence.
It shall be prima facie proof that a substance is regulated by this chapter if the substance is contained in its original packaging and is labeled as being or containing ephedrine or pseudoephedrine. (Ord. 880 § 5)
9.35.06 Reporting theft of 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 Cherokee County sheriff’s office or the Baxter Springs police department within 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 Cherokee County sheriff’s office or the Baxter Springs police department within 24 hours of discovery. (Ord. 880 § 6)
9.35.07 Penalty.
Every act or omission constituting a violation of any of the provisions of this chapter by any agency or employee of any person shall be deemed and held to be an act of such person, and said person shall be punishable in the same manner as if said act or omission had been done or omitted by him/her or it personally, provided such an act or omission was within the scope of employment or the scope of authority of such agent or employee. Each such violation of this chapter shall be considered a separate offense. Violation of this chapter shall be considered and punished as a Class A misdemeanor, wherein the defendant shall be subject to a fine not to exceed $2,500 or a term of incarceration in the county jail not to exceed one year, or both such fine and incarceration. (Ord. 880 § 7)