Controlled Substances Act
Due to pseudoephedrine being widely used in the manufacture of methamphetamine (see also: pseudoephedrine, "Misuse and illicit use"), Congress passed the Methamphetamine Precursor Control Act which places restrictions on the sale of any medicine containing pseudoephedrine. That bill was then superseded by the Combat Methamphetamine Epidemic Act of 2005, which was passed as an amendment to the Patriot Act renewal and included wider and more comprehensive restrictions on the sale of pseudoephedrine containing products. This law requires[7] customer signature of a "log-book" and presentation of valid photo ID to purchase of pseudoephedrine (PSE) containing products from all retailers (see also [8]).
The law restricts an individual to the retail sale of such products to no more than three packages or no more than nine grams in a single transaction (9 grams is equivalent to 300 standard 30 mg tablets of Sudafed nasal decongestant). A violation of this statute constitutes a misdemeanor. In states where OTC medications which contain pseudoephedrine are not regulated, many retailers, notably Target and Wal-Mart have restricted their purchase by requiring it to be sold behind the pharmacy or service counter and/or placing an age restriction on purchase. Additionally, pharmacies such as CVS and Walgreens also require photo ID and log-book signatures for sales of PSE containing products in compliance with Federal law.
Prior to this, the state of Oregon passed a law requiring a prescription for pharmacies to dispense any cold remedy containing pseudoephedrine. Likewise, the states of Alabama, Arizona, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, South Carolina, New Mexico, New Jersey, North Carolina, Oklahoma, Pennsylvania, Tennessee, Texas, Virginia, Wisconsin and Wyoming restrict sales of pseudoephedrine-containing products to licensed pharmacies and require customers to show photo ID and sign a log book. California, Maryland, and Maine have also enacted degrees of controlled access to over the counter drugs that contain pseudoephedrine. This affects many preparations which were previously available over-the-counter without restriction, such as Actifed, their generic equivalents, etc. California Health & Safety Code sections 11100 and 11106 specify the new restrictions regarding over the counter (OTC) sale of ephedrine or pseudoephedrine containing products (PSE).
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Notes
- ^ Pub.L. 91-513, 84 Stat. 1236, enacted 1970-10-27, codified at et. seq.
- ^ a b The 1970 Act: Don't Sit There, Amend Something
- ^ Courtwright, David T. (2004-10-05). The Controlled Substances Act: how a “big tent” reform became a punitive drug law. DOI:10.1016/j.drugalcdep.2004.04.012. Retrieved on 2008-02-12.
- ^ Appendix C: Measurement of Dependence, Abuse, Treatment, and Treatment Need - 2000 NHSDA - Substance Dependence, Abuse, and Treatment
- ^ InfoFacts - Cigarettes and Other Tobacco Products
- ^ "Development of a rational scale to assess the harm of drugs of potential misuse" (free subscription needed), David Nutt, Leslie A. King, William Saulsbury, Colin Blakemore, The Lancet, 24 March 2007
- ^ Government Printing Office
- ^ See United States v. Angelos, 433 F.3d 738 (10th Cir. 2006) (55 years for three sales of marijuana).
- ^ MAPS Legal History of MDMA
- ^ Drug Scheduling. DEA. Accessed on May 7, 2007.
- ^ Controlled Substances Act. Accessed from the US Drug Enforcement Administration website on May 29, 2007.
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See also
- Regulation of therapeutic goods
- Gonzales v. Raich
- United States v. Oakland Cannabis Buyers' Cooperative
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External links
- Controlled Substances Act - U.S. Drug Enforcement Administration - Full text of the law, and interpretive text used as the basis of this article
- Schedules of controlled substances Code of Federal Regulations, Section 1308
- 21 USC, Chapter 13 (Cornell) - full text of the law
- 21 USC, Chapter 13 (GPO) - full text of the law
- Controlled Substances Act The schedules of the Act, with the chemical name and structure of each substance. Correlates the drugs and substances of the Act with those named in the UK Misuse of Drugs Act 1971, the Canadian Controlled Drugs and Substances Act and three United Nations treaties, the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
- Cato Handbook for Congress.
- Convention on Psychotropic Substances 1971, International Narcotics Control Board.
- Fazey, Cindy: The UN Drug Policies and the Prospect for Change, April 2003.
- Single Convention on Narcotic Drugs 1961, International Narcotics Control Board.
- Statement on "Date Rape" Drugs by Nicholas Reuter, M.P.H., March 11, 1999.
- US Department of Justice (Drug Enforcement Administration), Marijuana Rescheduling Petition: Opinion and recommended ruling, findings of fact, conclusions of law and decision of administrative law judge, 6 September 1988, Section VIII, Part 16 [9]
- Boaz, David: Drug Prohibition Has Failed, March 3, 1997.
- DEA Drug Scheduling Reference
- Combat Methamphetamine Epidemic Act 2005 (Title VII of Public Law 109-177)
- List of DEA requirements for the sale of Pseudophedrin (PSE) The Legal basis for the sale of PSE containing substances and the rules that pharmacies must follow
- Summary of DEA Requirements for PSE Sales Shorter summary for posting in workplaces
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