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 subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ephedrine Alkaloids 
Regulation Act of 2005’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows:
(1) The United States faces increasing danger 
related to methamphetamine trafficking, production, 
and abuse. 
(2) Methamphetamine is a highly addictive drug 
that can be readily made from products and precur-
sors purchased from retail stores. Step-by-step rec-
ipes can easily be found on the Internet, which is a 
factor in the dramatic increase in the number of 
clandestine labs in recent years. 
(3) 
Methamphetamine-producing 
clandestine 
laboratories have been identified by the Drug En-
forcement Administration as a significant threat to 
the Nation’s public health and safety. The manufac-
ture of methamphetamine produces highly toxic and 
unstable chemicals that threaten the well-being of 
first responders, law enforcement officers, and the 
community at-large. 
(4) Methamphetamine production, once exclu-
sively found in West Coast States, has rapidly 
moved eastward to the Midwest. Production can now 
be found on the East Coast, in the States of New 
York and Florida. 
(5) Methamphetamine abuse is indiscriminate 
of age, socioeconomic level, or race.
(6) Pseudoephedrine is a necessary precursor 
chemical in the production of methamphetamine, 
which prompted the Drug Enforcement Administra-
tion to initiate investigations regarding the chemi-
cal’s sale and distribution. 
(7) Efforts to reduce access to pseudoephedrine 
by methamphetamine producers, such as blister 
packaging and sales thresholds, have not been effec-
tive deterrents, and pseudoephedrine tablets remain 
pervasive in the illicit production of methamphet-
amine. 
(8) Pseudoephedrine in liquid gel and liquid 
forms have not been found to be used in meth-
amphetamine production. 
(9) As States and communities attempt to com-
bat and control methamphetamine through restrict-
ing the sale of pseudoephedrine products, it is in-
cumbent upon the Congress to develop a uniform 
standard for the distribution of pseudoephedrine in 
tablet form. 
SEC. 2. CONTROLLED SUBSTANCES; ADDITION OF EPHED-
RINE ALKALOIDS AND PHENYLPROPANOLA-
MINE TO SCHEDULE V. 
(a) IN GENERAL.—Effective upon the expiration of 
30 days after the date of the enactment of this Act, ephed-
rine alkaloids (including ephedrine and pseudoephedrine) 
and phenylpropanolamine, and their salts, optical isomers, 
and salts of optical isomers, whether alone or in combina-
tion with other substances, shall be considered to be listed 
in schedule V of the schedules of controlled substances es-
tablished under section 202(c) of the Controlled Sub-
stances Act, subject to subsection (b) and subject to the 
authority of the Attorney General under such Act to des-
ignate substances as controlled substances or listed chemi-
cals. The Attorney General shall amend part 1308 of title 
21, Code of Federal Regulations, accordingly. 
(b) CERTAIN FORMS OF PSEUDOEPHEDRINE AND 
PHENYLPROPANOLAMINE.—Subject to the authority of 
the Attorney General under the Controlled Substances Act 
to designate substances as controlled substances or listed 
chemicals— 
(1) 
subsection 
(a) 
does 
not 
apply 
to 
pseudoephedrine or phenylpropanolamine when con-
tained in a drug that is in liquid or gel form and 
is marketed or distributed lawfully in the United 
States under the Federal Food, Drug, and Cosmetic 
Act; and 
(2) pseudoephedrine or phenylpropanolamine 
when so contained shall be considered a listed chem-
ical.
SEC. 3. REGULATION OF TRANSACTIONS INVOLVING LIST-
ED CHEMICALS; EXEMPTION FOR CERTAIN 
DOSAGE 
FORMS 
AND 
QUANTITIES 
OF 
PSEUDOEPHEDRINE OR PHENYLPROPANOLA-
MINE. 
(a) DEFINITION OF REGULATED TRANSACTION.— 
Section 102(39)(A)(iv) of the Controlled Substances Act 
(21 U.S.C. 802(39)(A)(iv)) is amended— 
(1) in the matter preceding subclause (I), by 
striking ‘‘unless—’’ and inserting ‘‘unless, subject to 
clause (v)—’’; and 
(2) in subclause (II)— 
(A) by inserting ‘‘in liquid or gel form’’ 
after ‘‘containing pseudoephedrine or phenyl-
propanolamine products’’; and 
(B) by striking ‘‘shall be 9 grams of 
pseudoephedrine 
or 
grams 
of 
phenyl-
propanolamine’’ and inserting ‘‘shall be any 
quantity 
in 
excess 
of 
9.0 
grams 
of 
pseudoephedrine or 9.0 grams of phenyl-
propanolamine’’. 
(b) DEFINITION OF ORDINARY OVER-THE-COUNTER 
PSEUDOEPHEDRINE OR PHENYLPROPANOLAMINE PROD-
UCT.—Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended—