An Act To Prevent the Manufacturing of Methamphetamine in Maine
Maine Legislature, Session 122, LD 1601
Committee: Business, Research and Economic Development
Sponsors: EDMONDS, RICHARDSON, BARTLETT, BRENNAN, BROMLEY, DAMON, DAVIS, DIAMOND, DOW, GAGNON, HOBBINS, MARTIN, MAYO, MILLS, MITCHELL, NUTTING, ROSEN, STRIMLING, SULLIVAN, WESTON, WOODCOCK, ADAMS, ANNIS, AUSTIN, BARSTOW, BEAUDETIE, BLISS, BRAUTIGAM, BRYANT, BRYANT-DESCHENES, BURNS, CAMPBELL, CANAVAN, CARR, CEBRA, CLARK, CLOUGH, COLLINS, CRAVEN, CRESSEY, CROSTHWAITE, CUMMINGS, CURTIS, DAIGLE, DUCHESNE, DUDLEY, DUNN, DUPLESSIE, EBERLE, EDGECOMB, FAIRCLOTH, FISCHER, FISHER, FLETCHER, GERZOFSKY, GLYNN, GOLDMAN, GROSE, HAMPER, HANLEY, HARLOW, JACKSON, JENNINGS, JODREY, KAELIN, KOFFMAN, LANSLEY, LERMAN, MAREAN, MARRACHE, MAZUREK, MERRILL, MILLER, MOORE, MOULTON, NORTON, NUTIING, O'BRIEN, PARADIS, PATRICK, PELLETIER-SIMPSON, PERCY, PERRY, PINEAU, PINGREE, RECTOR
Amends: 17-A MRSA §1101, 32 MRSA §13702, 32 MRSA §13795, 32 MRSA §13796

Legislative Document 
No. 1601 
S.P.575 
In Senate, April 26, 2005 
An Act To Prevent the Manufacturing of Methamphetamine in 
Maine 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Speaker RICHARDSON of Brunswick and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BARTLETT of Cumberland, BRENNAN of Cumberland, BROMLEY of Cumberland, DAMON of Hancock, 
DAVIS of Piscataquis, DIAMOND of Cumberland, DOW of Lincoln, GAGNON of Kennebec, HOBBINS of York, MARTIN 
of Aroostook, MAYO of Sagadahoc, MILLS of Somerset, MITCHELL of Kennebec, NUTTING of Androscoggin, ROSEN of 
Hancock, STRIMLING of Cumberland, SULLIVAN of York, WESTON of Waldo, WOODCOCK of Franklin, 
Representatives: ADAMS of Portland, ANNIS of Dover-Foxcroft, AUSTIN of Gray, BARSTOW of Gorham, BEAUDETIE 
of Biddeford, BLISS of South Portland, BRAUTIGAM of Falmouth, BRYANT of Windham, BRYANT-DESCHENES of 
Turner, BURNS of Berwick. CAIN of Orono, CAMPBELL of Newfield, CANAVAN of Waterville, CARR of Lincoln, 
CEBRA of Naples, CLARK of Millinocket, CLOUGH of Scarborough, COLLINS of Wells, CRAVEN of Lewiston, 
CRESSEY of Cornish, CROSTHWAITE of Ellsworth, CUMMINGS of Portland, CURTIS of Madison, DAIGLE of Arundel, 
DAVIS of Falmouth, DUCHESNE of Hudson, DUDLEY of Portland, DUNN of Bangor, DUPLESSIE of Westbrook, 
EBERLE of South Portland, EDGECOMB of Caribou, FAIRCLOTH of Bangor, FISCHER of Presque Isle, FISHER of 
Brewer, FLETCHER of Winslow, GERZOFSKY of Brunswick, GLYNN of South Portland, GOLDMAN of Cape Elizabeth, 
GROSE of Woolwich, HAMPER of Oxford, HANLEY of Gardiner, HARLOW of Portland, JACKSON of Fort Kent, 
JENNINGS of Leeds, JODREY of Bethel, KAELIN of Winterport, KOFFMAN of Bar Harbor, LANSLEY of Sabattus, 
LERMAN of Augusta, MAREAN of Hollis, MARRACHE of Waterville, MAZUREK of Rockland, McCORMICK of West 
Gardiner, McFADDEN of Dennysville, McLEOD of Lee, MERRILL of Appleton, MILLER of Somerville, MOORE of 
Standish, MOORE of the Passamaquoddy Tribe, MOULTON of York, NORTON of Bangor, NUTIING of Oakland, 
O'BRIEN of Lewiston, PARADIS of Frenchville, PATRICK of Rumford, PELLETIER-SIMPSON of Auburn, PERCY of 
Phippsburg, PERRY of Calais, PINEAU of Jay, PINGREE of North Haven, RECTOR of Thomaston, RICHARDSON of 
Greenville, RICHARDSON of Skowhegan, RINES of Wiscasset, ROSEN of Bucksport, SAMPSON of Auburn, SAVIELLO 
of Wilton, SCHATZ of Blue Hill, SHERMAN of Hodgdon, SMITH of Monmouth, SMITH of Van Buren, SOCKALEXIS of 
the Penobscot Nation, STEDMAN of Hartland, SYKES of Harrison, TUTTLE of Sanford, TWOMEY of Biddeford, 
W ALCOTI of Lewiston, WEBSTER of Freeport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1101, sub-§4-A is enacted to read: 
4-A. "Methamphetamine precursor drug" means: 
A. 
An~rlJg~p:r.QgUctlL __ 
tJ~j~,t contain in tb~a.g~~ 
quantity of 9 grams or more of ephedrine, pseudoephedrine or 
phenylpropanolamine or their salts, 
isomers or salts of 
isomers, 
either 
alone 
or 
in 
combination 
with 
other 
ingregients, in dry or solid nonliquid form: and 
B. 
Any drugs or 
pULd\Lc...t.~ that cQ.nt.ain in the ag~te a 
quantity of 9 grams or more of ephegrine, pseudoephedrine or 
phenylpropanolamine or their salts, 
isomers or salts of 
isomers, 
either 
alone 
or 
in 
combination 
with 
other 
ingredients, in liquig, liquid-filleg capsule or glycerin 
matrix 
form 
if 
such 
products 
are 
designated 
as 
methamphetamine 
precursor 
drugs 
by 
rule 
adopteg 
by 
the 
Department of Public Safety pursuant to Title 32, section 
13795, subsection 5, paragraph A. 
Sec. 2. 17·A MRSA §J 102, sub-§4, ,D, as enacted by PL 1987, c. 
747, §2, is amended to read: 
D. 
Butyl nitrite or isobutyl nitriteT~ 
Sec.3. 17·A MRSA §1102, sub·§4"E is enacted to read: 
E. 
A methamphet&nine precursor drug. 
Sec. 4. 17·A MRSA §1107·A, sub-§3, as enacted by PL 2003, c. 
61, §7, is repealed and the following enacted in its place: 
3. 
It is an affirmative defense to prosecution under this 
section that: 
A. 
The substance possessed is industrial hemp: or 
B. 
That 
the 
substanc~ossessed is 
a 
methamphetamine 
precursor grug and was possessed by the defendant for 
a 
legitimate medical purpose. 
Sec. 5. 22 MRSA c. 556 is enacted to read: 
~HAPTER 556 
MAINE METa WATCH PROGRAM 
S2351. Maine Meth Watch Program 
Page l-LR0557(1) 
1. 
Establishment: purpose. 
The Office of Substance Abuse 
Qr its successor shall establish the Maine Meth Watch Program to 
educate retailers, retail employees and the public in order to 
help curtail suspicious sales and the theft of methamphetamine 
precursor 
drugs 
as 
defined 
in 
Title 
-A, 
section 
1101, 
AM~ection 4-A, 
and 
to 
identify 
the 
location 
of 
illicit 
methamphetamine manufacturing. 
2. 
Rulem~~ng. 
The Office of Substance Abuse may adopt 
rules to carry out the purposes of this chapter. Rules adopted 
pYL~uant to 
this 
subsection are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 6. 32 MRSA §13702, sub-§25-B is enacted to read: 
~.5_::.B. 
~i;U:ge~~II1e_tb~h~e..!.t,§!am!!!!'!i~n!5e'-----.lp'f.J.r"-Jei<!c~u""r",-sS!.o~r~. ___ 
"-"To.!oa ... r'-'lg,-,e....,t"-,e".,,.d 
methamphetamine precursor" means: 
A. 
Any 
product 
containing 
any 
amount 
of 
ephedrinL.. 
R~eudoephedrine 
or 
phen~~~nolarnine or 
their 
sal~ 
isomers or salts of isomers, either alone or in combination 
with other ingredients, in dry or solid nonliguid form: and 
~! 
Any 
product 
containing 
any 
amount 
of 
ephedrine, 
pseudoephedrine 
or 
ph.enylpropanolamine 
or 
their 
salt~h 
isomers or salts of isomers, either alone or in combination 
with other ingredients, in liguid, liguid-filled capsule or 
glycerin matrix 
form if such products are designated as 
targeted methamphetamine precursors by rule 
adopte.~.Y-t..he 
Department 
of 
Public 
Safety pursuant 
to 
section 
13795, 
subsection 5, paragraph A. 
Sec. 7. 32 MRSA §13795, as amended by PL 1997, c. 437, §46, 
is further amended to read: 
§13795. Photographic proof of identification; discretion to sell 
or dispense; immunity 
1. 
Photographic proof of identification. 
As a precondition 
to filling any prescription 
e~.L dispensing any drugr or selling 
any targeted methamphetamine precursor, 
a pharmacist or person 
acting at the direction of a pharmacist may demand, inspect and 
record 
proof 
of 
identification, 
including valid photographic 
identification, from any patient presenting a prescription or any 
person acting on behalf of the patient or person purchasing a 
~Qrgeted 
methamphetamine 
precyrsor. 
Valid 
photographic 
identification includes but is not limited to the following: 
A. 
A valid Maine motor vehicle operator's license; 
B. 
A valid Maine identification card issued under Title 
29-A, section 1410; 
C. 
A valid United States passport; 
D. 
A valid passport 9F L 
motor vehicle operator's license of 
another state, territory, possession or foreign country or 
official identitication card issued by the United States 
Government only if it: 
(1) 
Contains a photograph of the EFayele£-~--~ieensee 
person presenting the identification; 
(2) 
Is 
encased 
in 
tamper-resistant 
plastic 
or 
otherwise possesses indicia of tamper-resistance; and 
(3) 
Identifies the 
EFaye±eF.!.s-~--;Ueensee.!.s person's 
date of birth; or 
E. 
Other 
valid, 
tamper-resistant, 
photographic 
identification as provided in rules adopted by the board 
pursuant to section 13722, subsection 1, paragraph A and in 
accordance with Title 5, chapter 375. 
2. 
Refusal to fill prescription, 
dispense drug or sell 
targeted methamphetamine precursor; law enforcement reporting. 
A 
pharmacist or person acting at the direction of a pharmacist may 
exercise discretion and 
refuse 
to fill 
any prescription 
9F L 
dispense any drug or sell any targeted methamphetamine precursor 
if unsatisfied as to the legitimacy or appropriateness of any 
prescription 
presented, 
the 
validity 
of 
any 
photographic 
identification or 
the 
identity of 
any 
patient presenting 
a 
prescription or any person acting on behalf of the patientL--Ql:. 
the intention of 
the 
customer 
to 
use 
the 
drug or 
targeted 
methamphetamine precursor according to the instructions for use. 
A pharmacist or person acting at the direction of a pharmacist 
may make a report to a law enforcement agency when that person 
has 
reasonable 
cause 
to suspect that 
a 
prescription is not 
legitimate or appropriate, 
a person has presented photographic 
identification that is not valid or that a 
customer has the 
intention to use a drug or targeted methamphetamine precursor in 
a manner inconsistent with the instructions for use. 
1. __ 
~e~~_eepi~_. __ ~h9:rmacy may 
keeIL 
a 
lO.9--Qf 
information 
on 
persons 
to 
whom 
targeted 
methamphetamine 
precursors are sold, which may include the name, date of birth, 
address and amount of targeted methamphetamine precursor sold. 
~----------LIIJnw:»,j.ty; 
pre_~.JU!IptiQ..~Qf good faith. 
A pharmacist or 
PE!.CS_Q.~ting at the dir~ction of a -P-figrmacist who in good faith 
SWd pursuant to subsection 2 refuses to fill any prescription, 
~ense any drug or sell any t~_~ed methamphetamine precursor 
Qr makes a report to a law enforcement agency is immune from any 
civil liability that might otherwise result from these actions, 
including, but not limited to, any civil liability that might 
otherwise arise under state or local laws or rules regarding 
.confidentiality 
of 
informaJ;J._on. 
In 
a 
proceeding 
regarding 
immunity from liability, thel-e is a rebuttable presumption of 
good faith. 
~~l~~authorized. The following governs rules regarding 
this section. 
A. 
If th~issiQPer of Public Safety finds that the ease 
of 
availability 
of 
liguid, 
liguid-filled 
capsule, 
or 
glycerin 
~~rix forms 
of 
products 
containing 
ephedrin~ 
pseudoephedr ine or phenylpro-l?anolamine is a threat to the 
pub~ic h~a~tb, safet~nd welfare, then the Commissioner of 
Public Safety may adopt major substantive rules designating 
as "targeted methamphetamine precursors" or "methamphetamine 
precursor 
drugs" 
products 
containing 
any 
amount 
of 
~uw.edrinEtL_---l2.seudQ.e~rine or phenylpropanolamine or their 
salts, 
isomers or salts of isomers, either alone or in 
combination with other ingredients, in liguid, liguid-filled 
capsule or glycerin matrix form. 
~. If t~~gmmi~sioner of Public Safety finds that sales of 
targeted methamphetamine precursors that are made without 
verifying the identity of the purchaser pose a threat to 
public_ ~al th, safety and welfare, then the Commissioner of 
I'J.!1LUc.......Safety may adop.Lm.QjQL.JiubJtt_antive rules re.9.1,.l,iring a 
pharmacist 
or 
a 
person 
acting 
at 
the 
direction of 
a 
ILharmacist 
to 
dempnd, 
inspect 
and 
record 
proof 
of 
identification, including valid photographic identification, 
from 
any 
perso~rchasing a 
targeted 
methamphetamine 
precursor prior to the sale and to keep a log of sales. 
Sec. 8. 32 MRSA §13796 is enacted to read: 
§13796. ~~tai;Lo~_over_-the-counter sale of methamphetamine 
precursor drugs 
.l. __ 
D~.f ini tj.Q~~L. 
As 
used 
i_n,",---"t"-,h,-"i,--"s,---,s"-,e",-c",-",t-=i-"o~n,-"_-,u",n",l""e",--",-s-,,,s_-,,t,,,h~e 
.cQJl.text 
otb~.rwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Dos.age un~DLEL~JlQ __ tha.t unit of measurement that is the 
eguivalent to an average adult dose. 
B. 
"Package" means an item packaged and marked for retail 
sale that is no~.igned to be broken down or subdivided 
for the purpose of retail sale. 
C. 
"Retailer" means a 
ptl.S-IDl~r 
this State in the buainess of 
general public on a retail basis. 
business entity .~~~ in 
selling products to the 
D. 
"Sale" or "sold" includes barter, exchange, 
transf~ 
.9.liL.. 
2. 
Restrictions 
on 
pa~~ging. 
The 
retail 
sale 
of 
a 
targeted methamphetamine precursor is limited to: 
A. 
Sales in packages containing not more than a total of 3 
grams of one or more targeted methamphetamine precursors; and 
B. 
Sale_s in bJ,isteLPa.c_Y;S L_eac:t]._l;>Hst.~r co~.tt..~i~.in,g_.1l~l!lQ.Hl. 
than 2 dosage units, or when the use of blister packs is 
technically infeasible, 
sales 
in single-dose 
packets 
or 
pouches. 
3. 
Restrictions on amount of sale. 
A person or retailer 
may not sell more than 3 packages of a targeted methamphetamine 
precursor per transaction. 
4. 
R~§tri~ti,QJl1.i_Q~P-l.~~g~L-l;igle; storage. 
Any producJ;, 
~aining any amount of a targeted methamphetamine precursor may 
be sold only by a licensed pharmacist or a registered pharmacy 
technician and must be stored in a location that is locked or 
otherwise not accessible by customers. 
5. 
Excgptions. 
Exceptions to this section are as follows. 
A. 
This section does not apply to: 
.LU 
AQY--.J;,.9.....r.g.~te~l1lethaI.Tl~tamine precursor that is 
obtained by a prescription; and 
i.~_l}e sale or t.X.an.ste_f_Q.t_9-
ta.rg!Lt~tc;Lmeth~ptl_et?l.JJtin_~ 
~cursor to 
a 
vet~.rinarian, physician, 
pharmacist, 
x.elliLdistribut_~tl.olesaler, manufacturer, warehouse 
Qperator or common carrier or an agent of any of these 
in the regular course of lawful business activities. 
, 
• 
B. 
Subsection 4 
does not apply to single-dose 
pack~~~ 
con~ning no 
more 
than 
milligrams 
of 
a 
targeted 
methamphetamine precursor if such packages are kept within 
feet and in direct line of sight of a cash register or 
store counter staffed by one or more empIQy-ees. 
Sec. 9. Maine Meth Watch Program. 
In establishing the Maine 
Meth Watch Program under the Maine Revised St.2'.tutes, Title 22, 
chapter 556, the Department of Health and Human Services, Office 
of Substance Abuse or its successor shall use the national effort 
known as "Meth Watch" first begun in Kansas as a pUblic-private 
partnership. 
Sec. 10. Effective date. 
This Act takes effect October 1, 2005. 
SUMMARY 
This bill places several restrictions on over-the-counter 
decongestant 
cold medicines 
that 
can 
be 
used 
in the 
toxic 
chemical process of making the illegal drug methamphetamine. The 
bill affects medicines in solid pill or dry form that contain 
ephedrine, pseudoephedrine or phenylpropanolamine because those 
products are commonly used to manufacture methamphetamine. The 
bill 
defines 
those 
products 
as 
"targeted 
methamphetamine 
precursors." 
The 
bill 
exempts 
medicines 
in 
liquid, 
gel 
liquid-filled 
capsule 
form 
because 
those 
products 
commonly used to manufacture methamphetamine. 
cap 
or 
are 
not 
The bill restricts the sale of targeted methamphetamine 
precursors to blister packs containing less than 3 grams of the 
targeted active ingredients and allows no more than 3 packages to 
be 
sold 
in 
a 
single 
transaction. 
It 
requires 
targeted 
methamphetamine precursors to be sold by a pharmacist or pharmacy 
technician and stored in a location that is locked or otherwise 
not accessible to the public. It authorizes but does not require 
a 
pharmacy to request identification and log sales of these 
products. 
The bill allows single-dose packages to continue to be sold 
at any store as long as they are close to and within sight of 
store staff. 
The bill allows 
a 
pharmacist or 
pharmacy 
technician to 
refuse to make 
a 
suspicious sale of targeted methamphetamine 
precursors and to report the situntion to 
a 
law enforcement 
agency. It confers immunity from civil liability on a pharmacist 
or technician who in good faith refuses to sell the drug or who 
makes a report to law enforcement. 
The bill also designates more than 9 grams of a targeted 
methamphetamine 
precursor 
as 
a 
schedule 
Z illegal drug, 
but 
provides 
an 
affirmative 
defense 
if it is 
possessed 
for 
a 
legitimate medical purpose. 
The bill requires the Department of 
Health and Human Services, Office of Substance Abuse to create a 
Maine Meth Watch Program, based on a national so-called "Meth 
Watch" program, which helps deter suspicious sales and theft of 
precursor-containing medicines 
and other products used in the 
illegal manufacturing of methamphetamine. 
The bill authorizes the Commissioner of Public Safety to 
adopt major substantive rules on further restrictions if the 
commissioner finds that certain circumstances pose a threat to 
the public health, safety and welfare. 
.. 
,