AN AILING BILL TO RESTRICT SALES OF SOME COMMON COLD MEDICINES MADE A
RECOVERY THURSDAY.

Attempting to stem illegal production of methamphetamine, Rep. Jan Judy,
D-Fayetteville, introduced House Bill 1417 in January. The bill restricts
the sale of drugs containing pseudoephedrine, which is found in
over-the-counter cold and allergy medicine.

Some cold remedies are used to make methamphetamine in illegal home
laboratories, according to law enforcement agencies supporting the bill.
Judy's bill got an allergic reaction from retailers when the measure showed
up before the House Public Health, Welfare and Labor Committee last month.
Judy agreed to amend the bill after a two-hour committee hearing Feb. 15.
On Thursday, the committee recommended an amended version of the bill that
allows the targeted cold remedies to be sold by most retailers, but in
small quantities.

No more than three packages containing no more than nine grams of the
medication total can be sold in one transaction by retailers, if HB1417
becomes law. Exceeding the limit would be a Class A misdemeanor punishable
by up to a year in jail and a $1,000 fine. Judy's original bill would have
allowed only pharmacists to sell the over-the counter drugs. Other changes
in the bill's latest version include: Making the possession of more than 5
grams of ephedrine or more than 9 grams of pseudoephedrine or related
substances sufficient evidence for a charge of intent to manufacture
methamphetamine. This provision would not apply to medical professionals or
licensed manufacturers, wholesalers or distributors of pharmaceuticals.

The sale of any quantity of the cold remedies, however small, is illegal if
the seller knows the purpose of the sale is to obtain ingredients for
methamphetamine.

The seller is also required to report a "suspicious transaction." These
transactions are defined as those that "would lead a reasonable person to
believe that the substance is likely to be used for the purpose" of making
methamphetamine illegally. This includes numerous small purchases totaling
more than $200.

Prohibiting the sale of any of the restricted cold remedies to a person
under 18 years old. Proof of age is required.

The measure does not restrict sales of many children's cold remedies, which
contain small amounts of the specified drugs.