Chapter 9.54
REGULATION OF PURCHASE/SALE/POSSESSION OF EPHEDRINE

Sections:

9.54.010    Definitions.

9.54.020    Limitations on Sales, Purchases, and Possession.

9.54.030    Criminal Penalties.

9.54.040    Civil Penalties, License Revocation or Suspension.

9.54.050    Annual Review.

9.54.060    Severability.

9.54.010 Definitions.

A.    "Ephedrine" means any drug, substance or compound, whether legal or illegal, that contains ephedrine hydrochloride, pseudoephedrine sulfate, pseudoephedrine hydrochloride, pseudoephedrine, or ephedrine, except all of the above in its liquid state.

B.    "Count" means the number of pills, tablets, capsules, or individual units of a substance contained within an individual package, box or container.

C.    "Customer" means any person who knowingly purchases or acquires the products described in this Chapter, or persons who are present for the purchase or acquisition of ephedrine.

D.    "Retailer" means any single geographic location of any retail business, company, corporation, person, employee or associate who furnishes, distributes, sells or gives away ephedrine.

E.    "Sell" means to knowingly furnish, give away, exchange, transfer, deliver, surrender or supply, whether for monetary gain or not.

(Ord. 2000-89 § 1 (part), 2000)

9.54.020 Limitations on Sales, Purchases, and Possession.

A.    Limit on Sales. No retailer shall knowingly sell to a single customer, in any 24-hour period, more than three packages of a product containing ephedrine in counts of 48 or less per package, or containing a total weight of more than 3 grams of ephedrine per package. Ephedrine products may only be sold in packages containing a maximum count of up to 48.

B.    Limit on Purchase. No customer shall purchase or acquire, in any 24-hour period, more than three packages of a product containing ephedrine in counts of 48 or less per package, or containing a total weight of more than 3 grams of ephedrine per package.

C.    Limit on Possession. No person shall be in possession of more than 15 grams of ephedrine.

D.    Exception.

1.    PCC 9.54.020 A., B., and C. shall not apply to the sale, purchase, or possession of ephedrine dispensed by prescription as provided in Chapter 69.41 RCW.

2.    PCC 9.54.020 B. and C. shall not apply to the purchase or possession of ephedrine by shopkeepers required to register under RCW 18.64.044.

(Ord. 2000-89 § 1 (part), 2000)

9.54.030 Criminal Penalties.

Any person violating any of the provisions of this Chapter is deemed guilty of a gross misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00, by imprisonment not to exceed one year, or by both fine and imprisonment. (Ord. 2000-89 § 1 (part), 2000)

9.54.040 Civil Penalties, License Revocation or Suspension.

Any retail business owner operating with a business license issued by Pierce County who knowingly violates this Chapter may be subject to the revocation or suspension of his/her business license. The process for seeking revocation or suspension shall be as set forth in Title 5 of the Pierce County Code. (Ord. 2000-89 § 1 (part), 2000)

9.54.050 Annual Review.

This Chapter will be reviewed annually and will be repealed upon passage of comparable state legislation. (Ord. 2000-89 § 1 (part), 2000)

9.54.060 Severability.

Should any provision, Section, paragraph, sentence, or word of this Chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, Sections, paragraphs, sentences, or words of this Chapter shall remain in full force and effect. (Ord. 2000-89 § 1 (part), 2000)