SB 655
Changes the scheduling of Ephedrine, Pseudoephedrine, and Phenylpropanolamine to be Schedule III controlled substances
LR Number:
Last Action:
1/13/2010 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2010

Current Bill Summary

SB 655 - This act changes the scheduling of ephedrine, pseudoephedrine, and phenylpropanolamine to be Schedule III controlled substances. Such Schedule III drugs require a doctor's prescription to be obtained. However, any dietary supplements, herbs, or natural products that are not otherwise prohibited by law and that contain naturally occurring ephedrine alkaloids in a matrix of organic material such that the substances do not exceed fifteen percent of the total weight of the supplements, herbs, or natural products, shall be exempt from the Schedule III status as a controlled substance.

Also, upon written application by a manufacturer, the Department of Health may exempt, by rule, any product containing ephedrine, pseudoephedrine, or phenylpropanolamine because it is formulated to effectively prevent conversion of the active ingredient into methamphetamine, from the scheduling of the substances. Upon notification from the state highway patrol that it has probable cause to believe an exempt product does not effectively prevent conversion of the active ingredient into methamphetamine, the department may issue an emergency rule revoking the exemption pending a full hearing.

Because of the scheduling change of these substances, the provisions governing the logging and storing of information regarding over-the-counter sales of such substances are no longer necessary and are repealed.

Persons registered with the Drug Enforcement Administration (DEA) to manufacture or distribute controlled substances shall maintain adequate security to guard against theft, but shall not otherwise be required to meet the physical security control requirements established by DEA regulation, for schedule III controlled substances containing pseudoephedrine.

This act is similar to SB 160 (2009).