I 

109TH CONGRESS 

1ST SESSION H. R. 1378 

To amend the Controlled Substances Act with respect to the regulation 

of ephedrine alkaloids, including ephedrine and pseudoephedrine, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2005 

Mrs. EMERSON (for herself and Mr. BERRY) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Controlled Substances Act with respect to 

the regulation of ephedrine alkaloids, including ephedrine 

and pseudoephedrine, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ephedrine Alkaloids 

5 Regulation Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 
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1 (1) The United States faces increasing danger 

2 related to methamphetamine trafficking, production, 

3 and abuse. 

4 (2) Methamphetamine is a highly addictive drug 

5 that can be readily made from products and precur6 sors purchased from retail stores. Step-by-step rec7 ipes can easily be found on the Internet, which is a 

8 factor in the dramatic increase in the number of 

9 clandestine labs in recent years. 

10 (3) Methamphetamine-producing clandestine 

11 laboratories have been identified by the Drug En12 forcement Administration as a significant threat to 

13 the Nation’s public health and safety. The manufac14 ture of methamphetamine produces highly toxic and 

15 unstable chemicals that threaten the well-being of 

16 first responders, law enforcement officers, and the 

17 community at-large. 

18 (4) Methamphetamine production, once exclu19 sively found in West Coast States, has rapidly 

20 moved eastward to the Midwest. Production can now 

21 be found on the East Coast, in the States of New 

22 York and Florida. 

23 (5) Methamphetamine abuse is indiscriminate 

24 of age, socioeconomic level, or race. 
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1 (6) Pseudoephedrine is a necessary precursor 

2 chemical in the production of methamphetamine, 

3 which prompted the Drug Enforcement Administra4 tion to initiate investigations regarding the chemi5 cal’s sale and distribution. 

6 (7) Efforts to reduce access to pseudoephedrine 

7 by methamphetamine producers, such as blister 

8 packaging and sales thresholds, have not been effec9 tive deterrents, and pseudoephedrine tablets remain 

10 pervasive in the illicit production of methamphet11 amine. 

12 (8) Pseudoephedrine in liquid gel and liquid 

13 forms have not been found to be used in meth14 amphetamine production. 

15 (9) As States and communities attempt to com16 bat and control methamphetamine through restrict17 ing the sale of pseudoephedrine products, it is in18 cumbent upon the Congress to develop a uniform 

19 standard for the distribution of pseudoephedrine in 

20 tablet form. 

21 SEC. 2. CONTROLLED SUBSTANCES; ADDITION OF EPHED22 RINE ALKALOIDS AND PHENYLPROPANOLA23 MINE TO SCHEDULE V. 

24 (a) IN GENERAL.—Effective upon the expiration of 

25 30 days after the date of the enactment of this Act, ephed-
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1 rine alkaloids (including ephedrine and pseudoephedrine) 

2 and phenylpropanolamine, and their salts, optical isomers, 

3 and salts of optical isomers, whether alone or in combina4 tion with other substances, shall be considered to be listed 

5 in schedule V of the schedules of controlled substances es6 tablished under section 202(c) of the Controlled Sub7 stances Act, subject to subsection (b) and subject to the 

8 authority of the Attorney General under such Act to des9 ignate substances as controlled substances or listed chemi10 cals. The Attorney General shall amend part 1308 of title 

11 21, Code of Federal Regulations, accordingly. 

12 (b) CERTAIN FORMS OF PSEUDOEPHEDRINE AND

13 PHENYLPROPANOLAMINE.—Subject to the authority of 

14 the Attorney General under the Controlled Substances Act 

15 to designate substances as controlled substances or listed 

16 chemicals— 

17 (1) subsection (a) does not apply to 

18 pseudoephedrine or phenylpropanolamine when con19 tained in a drug that is in liquid or gel form and 

20 is marketed or distributed lawfully in the United 

21 States under the Federal Food, Drug, and Cosmetic 

22 Act; and 

23 (2) pseudoephedrine or phenylpropanolamine 

24 when so contained shall be considered a listed chem25 ical. 
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1 SEC. 3. REGULATION OF TRANSACTIONS INVOLVING LIST2 ED CHEMICALS; EXEMPTION FOR CERTAIN 

3 DOSAGE FORMS AND QUANTITIES OF 

4 PSEUDOEPHEDRINE OR PHENYLPROPANOLA5 MINE. 

6 (a) DEFINITION OF REGULATED TRANSACTION.— 

7 Section 102(39)(A)(iv) of the Controlled Substances Act 

8 (21 U.S.C. 802(39)(A)(iv)) is amended— 

9 (1) in the matter preceding subclause (I), by 

10 striking ‘‘unless—’’ and inserting ‘‘unless, subject to 

11 clause (v)—’’; and 

12 (2) in subclause (II)— 

13 (A) by inserting ‘‘in liquid or gel form’’ 

14 after ‘‘containing pseudoephedrine or phenyl15 propanolamine products’’; and 

16 (B) by striking ‘‘shall be 9 grams of 

17 pseudoephedrine or 9 grams of phenyl18 propanolamine’’ and inserting ‘‘shall be any 

19 quantity in excess of 9.0 grams of 

20 pseudoephedrine or 9.0 grams of phenyl21 propanolamine’’. 

22 (b) DEFINITION OF ORDINARY OVER-THE-COUNTER

23 PSEUDOEPHEDRINE OR PHENYLPROPANOLAMINE PROD24 UCT.—Section 102 of the Controlled Substances Act (21 

25 U.S.C. 802) is amended— 
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1 (1) in paragraph (39)(A)(iv)(I)(aa), by striking 

2 ‘‘, except that’’ and all that follows through 

3 ‘‘1996)’’; and 

4 (2)(A) by striking paragraph (45); and 

5 (B) by redesignating paragraph (46) as para6 graph (45). 

7 (c) CHEMICAL MIXTURES NOT EASILY USED IN IL8 LICIT PRODUCTION.—Section 102(39)(A)(v) of the Con9 trolled Substances Act (21 U.S.C. 802(39)(A)(v)) is 

10 amended by inserting after ‘‘chemical mixture’’ the fol11 lowing: ‘‘(including a mixture that may be marketed or 

12 distributed lawfully in the United States under the Fed13 eral Food, Drug, and Cosmetic Act)’’. 

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