An Act To Control the Spread of Methamphetamines
Maine Legislature, Session 122, LD 1507
Committee: Business, Research and Economic Development
Sponsors: MILLS
Amends: 22 MRSA §2390

Legislative Document 
No. 1507 
S.P.523 
In Senate, March 30, 2005 
An Act To Control the Spread of Methamphetamines 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator MILLS of Somerset. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA c. 558, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER 558 
MARIJUANA, 
SC~DD.Ym DRUGS, IMITATION 
SCUDQLED DRUGS, PSEUDOEPHEDRINE AND HYPODERMIC APPARATUSES 
Sec. 2. 22 MRSA §2390 is enacted to read: 
§2390. 
Regulation of pseudoephedrine 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Pseudoephedrine product" means any compound, mixture or 
preparation 
containing 
any 
detectable 
guantity 
of 
pseudoephedrine, its salts or optical isomers or salts of 
its optical isomers. 
B. 
"Retailer" means a licensed pharmacy or a retail store 
licensed for the sale of food, tobacco or alcohol products. 
C. 
"Wholesale transaction" means the manufacture, sale or 
distribution of 
a 
pseudoephedrine product 
in the 
normal 
chain of commerce leading to placement of the product in the 
custody 
of 
a 
retailer 
authorized 
to 
sell 
or 
provide 
pseudoephedrine products to the public. 
2. 
Dispensing 
pseudoephedrine: 
civil 
penalty. 
The 
following provisions apply to the dispensing of pseudoephedrine 
products. 
A. 
Except in wholesale transactions, only a retailer may 
sell or provide a pseudoephedrine product. 
B. 
A retailer may not sell or otherwise provide more than 9 
grams of pseudoephedrine products to anyone person in one 
~ 
C. 
A retailer may sell or provide a pseudoephedrine product 
only when the recipient of that product has provided 
a 
reliable means of identification and has signed a written 
log containing the recipient's name and street address and 
the guantity of each pseudoephedrine product received. 
The 
retailer shall retain the log for at least 24 months. 
Page l-LR1l64(1) 
A person who violates this subsection commits a civil violation 
for which a fine of not more than $300 may be imposed for each 
occurrence. 
Violation by a retailer on 2 or more occasions is 
grounds for suspension or revocation of the retailer's license 
for the sale of pharmaceutical, alcohol or tobacco products. 
3. 
Providing 
more 
than 
grams 
of 
pseudoephedrine; 
criminal penalty. 
Except in wholesale transactions, a person who 
knowingly dispenses, 
sells, distributes or otherwise provides 
more than 90 grams of pseudoephedrine products to another person 
in one day commits a Class D crime. 
4. 
Acquiring more than 9 grams of pseudoephedrine; criminal 
penalty. 
Except in wholesale transactions, 
a 
person may not 
purchase 
or 
acquire 
pseudoephedrine 
products 
in 
a 
quantity 
greater than 9 grams in one day and may not purchase or acquire 
any quantity unless that person has first provided a true and 
correct personal identification to an authorized retailer of the 
product and has signed a log correctly identifying that person by 
true name and street address. 
Violation of this subsection is a 
Class E crime. 
SUMMARY 
This bill requires that only licensed retailers dispense 
pseudoephedrine, that the amount of pseudoephedrine dispensed be 
limited to 9 grams per day per person and that pseudoephedrine be 
dispensed 
only 
when 
the 
recipient 
of 
the 
product 
has 
been 
identified. 
The bill also requires that retailers maintain a log 
of persons to whom pseudoephedrine is dispensed. 
Violation of 
any of these requirements is a civil violation for which a fine 
of 
not more 
than 
$300 
may 
be 
imposed 
for 
each occurrence. 
Multiple violations is grounds for suspension or revocation of a 
retail license. 
The bill also makes it a Class D crime for any person to 
provide more than 90 grams of pseudoephedrine to another. 
It 
makes ita Class E crime for any person to acquire improperly 
more than 9 grams of pseudoephedrine products.