To amend the Controlled Substances Act with respect to the regulation of ephedrine alkaloids, including ephedrine and pseudoephedrine, and for other purposes.

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 precursors purchased from retail 
        stores. Step-by-step recipes 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 Enforcement Administration as a 
        significant threat to the Nation's public health and safety. 
        The manufacture 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 exclusively 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 Administration to initiate investigations regarding 
        the chemical's sale and distribution.
            (7) Efforts to reduce access to pseudoephedrine by 
        methamphetamine producers, such as blister packaging and sales 
        thresholds, have not been effective deterrents, and 
        pseudoephedrine tablets remain pervasive in the illicit 
        production of methamphetamine.
            (8) Pseudoephedrine in liquid gel and liquid forms have not 
        been found to be used in methamphetamine production.
            (9) As States and communities attempt to combat and control 
        methamphetamine through restricting the sale of pseudoephedrine 
        products, it is incumbent upon the Congress to develop a 
        uniform standard for the distribution of pseudoephedrine in 
        tablet form.

SEC. 2. CONTROLLED SUBSTANCES; ADDITION OF EPHEDRINE ALKALOIDS AND 
              PHENYLPROPANOLAMINE TO SCHEDULE V.

    (a) In General.--Effective upon the expiration of 30 days after the 
date of the enactment of this Act, ephedrine alkaloids (including 
ephedrine and pseudoephedrine) and phenylpropanolamine, and their 
salts, optical isomers, and salts of optical isomers, whether alone or 
in combination with other substances, shall be considered to be listed 
in schedule V of the schedules of controlled substances established 
under section 202(c) of the Controlled Substances Act, subject to 
subsection (b) and subject to the authority of the Attorney General 
under such Act to designate substances as controlled substances or 
listed chemicals. 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 contained 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 chemical.

SEC. 3. REGULATION OF TRANSACTIONS INVOLVING LISTED CHEMICALS; 
              EXEMPTION FOR CERTAIN DOSAGE FORMS AND QUANTITIES OF 
              PSEUDOEPHEDRINE OR PHENYLPROPANOLAMINE.

    (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 phenylpropanolamine 
                products''; and
                    (B) by striking ``shall be 9 grams of 
                pseudoephedrine or 9 grams of phenylpropanolamine'' and 
                inserting ``shall be any quantity in excess of 9.0 
                grams of pseudoephedrine or 9.0 grams of 
                phenylpropanolamine''.
    (b) Definition of Ordinary Over-the-Counter Pseudoephedrine or 
Phenylpropanolamine Product.--Section 102 of the Controlled Substances 
Act (21 U.S.C. 802) is amended--
            (1) in paragraph (39)(A)(iv)(I)(aa), by striking ``, except 
        that'' and all that follows through ``1996)''; and
            (2)(A) by striking paragraph (45); and
            (B) by redesignating paragraph (46) as paragraph (45).
    (c) Chemical Mixtures not Easily Used in Illicit Production.--
Section 102(39)(A)(v) of the Controlled Substances Act (21 U.S.C. 
802(39)(A)(v)) is amended by inserting after ``chemical mixture'' the 
following: ``(including a mixture that may be marketed or distributed 
lawfully in the United States under the Federal Food, Drug, and 
Cosmetic Act)''.

Summary: Ephedrine Alkaloids Regulation Act of 2005 - Requires ephedrine alkaloids (including ephedrine and pseudoephedrine) and phenylpropanolamine to be listed in schedule V of the Controlled Substances Act (CSA) (drugs or other substances that have a low potential for abuse and that have a currently accepted medical use in treatment in the United States, abuse of which may lead to limited physical or psychological dependence). Excepts pseudoephedrine and phenylpropanolamine when contained in a drug that is in liquid or gel form marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (FDCA), which shall be considered a listed chemical. Makes such requirement and exception subject to the Attorney General's authority to designate substances as controlled or listed chemicals.

 Amends CSA to revise the definition of "regulated transaction" to: (1) provide that the threshold for any distributor sale of products containing pseudoephedrine products in liquid or gel form, or containing phenylpropanolamine products, shall be nine grams of pseudoephedrine or phenylpropanolamine; and (2) specify as a "chemical mixture" a transaction in which is excluded from such definition a mixture that may be marketed or distributed lawfully in the United States under FDCA.