05 LC 29
1796
House
Bill 686
By:
Representatives Reece of the
11th,
Mosby of the
90th,
Talton of the
145th,
Smith of the
13th,
and Heard of the
104th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to controlled substances, so as to limit the sale and manner of sale of products
whose sole active ingredient is pseudoephedrine; to provide for penalties; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled
substances, is amended by adding a new subsection (b.1) to Code Section
16-13-30.3, relating to possession of substances containing ephedrine,
pseudoephedrine, and phenylpropanolamine, to read as follows:
"(b.1)(1)
On and after July 1, 2005, products whose sole active ingredient is
pseudoephedrine shall only be offered for retail sale by a retail distributor
which has on its premises a pharmacy. Such products shall not be offered for
retail sale by self-service but shall be stored behind a counter or other
barrier so that such products are not accessible to the public and are only
accessible for sale by a retail store employee who has completed the Georgia
Meth Watch employee training program conducted by or with the approval of the
Georgia Council on Substance Abuse. A purchaser of such product shall produce a
photo identification showing his or her date of birth and shall be required to
sign a written log showing his or her signature, printed name, current address,
and the date of the transaction. The retail store employee shall indicate in the
log the type and amount of product purchased and the purchaser shall verify such
entry. Such log or receipt shall be maintained by the retail distributor for a
period of one year from the date of the transaction.
(2)
This subsection shall preempt all local ordinances or regulations governing the
possession by individuals and sale by a retail distributor of over the counter
products whose sole active ingredient is pseudoephedrine.
(3)
Any person who violates paragraph (1) of this subsection shall be guilty of a
misdemeanor on the first offense and a misdemeanor of a high and aggravated
nature on a second and subsequent offense.
(4)
The log required to be maintained pursuant to this subsection shall be made
available within five business days upon the request of a sheriff, chief of
police, director of the investigative division of the Georgia Bureau of
Investigation, or an agent of the federal Drug Enforcement Administration. Any
person who violates this paragraph shall be guilty of a
misdemeanor."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.