An Act To Prevent the Manufacturing of Methamphetamine in Maine
Maine Legislature, Session 122, LD 1601
Committee Amendment CA_A_S334 (Senate)
Amends: 17-A MRSA §1101, 17-A MRSA §1102, 17-A MRSA §1107-A, 32 MRSA §13702, 32 MRSA §13795, 32 MRSA §13796

COMMITTEE AMENDMENT ·A" to S.P. 575, L.D. 1601, Bill, 
Act To Prevent the Manufacturing of Methamphetamine in Maine" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 17-A MRSA §1101, sub-§4-A is enacted to read: 
i-A. 
"Methamphetamine precursor drug" 
means 
any drug or 
product possessed by a person that contains in the aggregate a 
g;uantity of more than 9 grams of ephedrine, pseudoephedrine or 
phenylpropanolamine or their salts. isomers or salts of isomers. 
either alone or in combination with other ingredients. in dry or 
solid nonlig;uid form. 
Sec. 2. 17-A MRSA §1102, sub-§4, 1fD, as enacted by PL 1987. c. 
747, §2, is amended to read: 
D. 
Butyl nitrite or isobutyl nitriteT: and 
Sec.3. 17-A MRSA §1102, sub-§4, 1fE is enacted to read: 
E. 
A methamphetamine 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61, §7, is repealed and the following enacted in its place: 
Page l-LR0557(2) 
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.46 
COMMITTEE AMENDMENT A" to S.P. 575, L.D. 1601 
3. 
It is an affirmative defense to prosecution under this 
section that: 
A. 
The substance possessed is industrial hemp; or 
B. 
The substance possessed is a methamphetamine precursor 
drug and was possessed by the defendant for a legitimate 
medical purpose. 
Sec. 5. 22 MRSA c. 556 is enacted to read: 
CHAPTER 556 
MAINE METH WATCH PROGRAM 
§2351. Maine Meth Watch Program 
1. 
Establishment: purpose. 
The Office of Substance Abuse 
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. 
subsection 
4-A 
and 
to 
identify 
the 
location 
of 
Blici t 
methamphetamine manufacturing. 
2. 
Rulemaking. 
The Office of Substance Abuse may adopt 
rules to carry out the purposes of this chapter. Rules adopted 
pyrsucnt 
to 
this 
sybsection 
are 
routine 
technical 
ry1es 
as 
dftfined in Title 5, chapter 375, subchapter 2-A. 
Sec. 6. 32 MRSA §13702, sub-§25-B is enacted to read: 
25-B. 
Targeted 
met:hamphetamine 
precursor. 
"Targeted 
methamphetamine 
precursor" 
means 
any 
product 
containing 
any 
amount of ephedrine, pseudoephedrine or phenylpropanolamine or 
their salts, isomers or salts of isomers, either alone or in 
combination with other ingredients: 
A. 
In dry or solid nonliquid form; or 
B. 
In liquid, liquid-filled capsule or glycerin matrix form 
if designation as a targeted methamphetamine precursor has 
been completed by rule adopted 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 
COMMITTEE AMENDMENT 
,.,i"-
fp. 
COMMITTEE AMENDMENT ~, to S.P. 575, L.D. 1601 
1. 
Photographic proof of identification. 
As a precondition 
to filling any prescription e!:=.l- dispensing any drug 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 
targeted 
methamphetamine 
precursor. 
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 passporte!:=.l- motor vehicle operator's license of 
another state, territory, possession or foreign country or 
official identification card issued by the United States 
Government only if it: 
(1) 
Contains a photograph of the ~Fave~e£-~--~1eeBsee 
person presenting the identification: 
(2) 
Is 
encased 
in 
tamper-resistant 
plastic 
or 
otherwise possess~s indicia of tamper-resistance: and 
(3) 
Identifies the 
~!:=ave~e!:=.!.s-~--J:i:eeBsee.!.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 
e!:=.l-
dispense any drug or sell any targeted methamphetamine precursor 
if unsatisfied as to the legitimacy or appropriateness of any 
prescription 
presented, 
the 
~alidity 
of 
any 
photographic 
identification or 
the 
identity of 
any patient presenting 
a 
prescription or any person acting on behalf of the patient~ 
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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to S.P. 575, L.D. 1601 
has 
reasonable cause to suspect that a 
prescription is not 
legitimate 
or 
appropriate, 
that 
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. 
3. 
Imanmit]': presumption of good faith. 
A pharmacist or 
person acting at the direction of a pharmacist who in good faith 
and pursuant to subsection 2 refuses to fill any prescription, 
dispense any drug or sell any targeted methamphetamine precursor 
or who makes a report to a law enforcement agency is immune from 
any civil liability that might otherwise result from that action, 
including, but not limited to, any civil liability that might 
otherwise arise under state or local laws or rules regarding 
confidentiality 
of 
information. 
In 
a 
proceeding 
regarding 
immunity from liability, there is a rebuttable presumption of 
good faith. 
4. 
Record kee,ping. 
With regard to purchases of targeted 
methamphetamine 
precursors, 
a 
pharmacy 
may 
keep 
a 
log 
of 
information about the purchaser, which may include name, date of 
birth, address and amount of targeted methamphetamine precursors 
purchased. 
5. 
Rulemaking. 
The Director of the Office of Substance 
Abuse within the Department of Health and Human Services may 
adopt rules to implement this subsection. 
Rules adopted pursuant 
to this subsection are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
A. 
If the Director of the Maine Drug Enforcement Agency 
within the Department of Public Safety finds that the ease 
of availability of liquid, liquid-filled capsule or glycerin 
matrix 
forms 
of 
products 
containing 
ephedrine, 
pseudoephedrine 
or 
phenylpropanolamine 
or 
their 
salts, 
isomers or salts of isomers, either alone or in combination 
wi th other ingredients, referred to in this paragraph as 
"products," is a threat to the public health, safety and 
welfare, then the Director of the Maine Drug Enforcement 
Agency shall notify the Director of the Office of Substance 
Abuse. 
The Director of the Office of Substance Abuse shall 
consult with the joint standing committee of the Legislature 
having jurisdiction over health and human services matters r 
providing the reasons for undertaking rulemaking, and may, 
after consultation, adopt rules designating the products as 
targeted 
methamphetamine 
precursors 
pursuant 
to 
section 
13702, subsection 2S-B, paragraph B. 
B. 
If the Director of the Maine Drug Enforcement Agency 
finds that sales of targeted methamphetamine precursors that 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to S.P. 575, L.D. 1601 
are made without verifying the identity of the purchaser 
pose a threat to public health, safety and welfare, then the 
Director of the Maine Drug Enforcement Agency shall notify 
the Director of the Office of Substance Abuse. 
The Director 
of the Office of Substance Abuse shall consult with the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction 
over 
health 
and 
human 
services 
matters, 
providing the reasons for undertaking rulemaking, and may, 
after consultation, adopt rules requiring a person making a 
sale of a 
targeted methamphetamine precursor pursuant to 
section 13796 to demand from the purchaser and to inspect 
and 
record prior to 
the 
sale proof of 
identification, 
including valid photographic identification, and to keep a 
log of sales. 
Sec. 8. 32 MRSA §13796 is enacted to read: 
§1~796. Retail sale of targeted methamphetamine precursors 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Package" means an item packaged and marked for retail 
sale that is not designed to be broken down or SUbdivided 
for the purpose of retail sale. 
B. 
"Retailer" or "retail store" means a person or business 
entity engaged in this State in the business of selling 
products to the general public on a retail basis, including 
drug outlets. 
C. 
"Sale" or "sold" includes barter, exchange, transfer and 
.9.ilh 
2. 
Restrictions on packaging. 
The following restrictions 
apply to packaging targeted methamphetamine precursors. 
A. A targeted methamphetamine precursor may not be sold in a 
package containing more than 3 grams. 
B. 
A targeted methamphetamine precursor may not be sold 
unless in a blister package, 
each blister containing not 
more 
than 
average adult doses, 
except in single-dose 
packages of not more than 60 milligramS. 
3. 
Restrictions on the sale of targeted methamphetamine 
precursors. 
The following restrictions on location in the retail 
store, manner of sale and amount of sale apply to sales of 
targeted methamphetamine precursors. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,~ to S.P. 575, L.D. 1601 
A. 
A retailer may not sell more than 3 packages of a 
targeted methamphetamine precursor per transaction. 
B. 
Except with regard to single-dose packages of not more 
than 60 milligrams that are kept within 30 feet and in 
direct line of sight of a staffed cash register or store 
counter, 
a 
retailer 
must 
keep 
targeted 
methamphetamine 
precursors in a location that is locked or otherwise not 
accessible by customers. 
C. 
Except with regard to single-dose packages of not more 
than 60 milligrams that are kept within 30 feet and in 
direct line of sight of a staffed cash register or store 
counter, 
the sale of targeted methamphetamine precursors 
must be completed by: 
(1) 
A 
licensed pharmacist 
or 
registered 
pharmacy 
technician; or 
( 2) 
An employee of the retailer who accepts payment 
for the targeted methamphetamine precursor as long as: 
(a) 
The 
employee 
works 
under 
the 
direct 
superv~s~on of a pharmacist in the pharmacy area 
of the retail store; and 
(b) 
A licensed pharmacist or registered pharmacy 
technician has given individuaL express approval 
for the purchase. 
4. 
Exceptions. 
The provisions of this section do not apply 
to 
a 
targeted methamphetamine precursor that is obtained by 
prescription or by sale or transfer in the regular course of 
lawful business to a veterinarian, physician, pharmacist. retail 
distributor. 
wholesaler, 
manufacturer, 
warehouse 
operator 
or 
common carrier or an agent of that person or entity. 
Sec. 9. Maine Meth Watch Program. 
In establishing the Maine 
Meth Watch Program under the Maine Revised Statutes, Title 22, 
chapter 556, the Department of Health and Human Services, Office 
of Substance Abuse 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 November 1, 
2005 •• 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A to S.P. 575, L.D. 1601 
SUMMARY 
This 
amendment 
replaces 
the 
bill. 
It 
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 amendment affects medicines in solid 
pill or dry 
form that contain ephedrine, 
pseudoephedrine or 
phenylpropanolamine because those products are commonly used to 
manufacture methamphetamine. The amendment defines those products 
as "targeted methamphetamine precursors." 
The amendment restricts the sale of multiple-dose packages 
of 
targeted 
methamphetamine 
precursors 
to 
blister 
packs 
containing no 
more 
than 3 
grams 
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, pharmacy 
technician or employee under that person's supervision after the 
pharmacist's approval and requires that the product be 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 amendment allows single-dose packages to continue to be 
sold at any store as long as they are close to and wi thin sight 
of store staff. 
The amendment allows a pharmacist or pharmacy technician to 
refuse to make a sale of targete.d methamphetamine precursors and 
to report the situation 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 a 
law enforcement agency. 
The amendment designates more than 9 grams of a targeted 
methamphetamine precursor possessed by a person as a Schedule Z 
illegal drug 
and 
provides 
an 
affirmative 
defense if it is 
possessed 
for 
a 
legitimate 
medical 
purpose. 
The 
amendment 
requires the Department of Health and Human Services, Office of 
Substance Abuse to create the Maine Meth Watch Program, based on 
a national so-called "Meth Watch" program, 
which helps deter 
suspicious 
sales 
and 
theft 
of 
targeted 
methamphetamine 
precursor-containing medicines and other products used in the 
illegal manufactu~ing of methamphetamine. 
The 
amendment 
authorizes the Director of the Office of 
Substance Abuse in the Department of Health and Human Services to 
adopt major substantive rules on further restrictions for the 
liquid or gel forms of targeted methamphetamine precursors, on 
mandatory identification and on requiring a purchase log if the 
Director of the Maine Drug Enforcement Agency finds circumstances 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~ to S.P. 575, L.D. 1601 
that pose a threat to the public health, safety and welfare and 
the Director of the Office of Substance Abuse has consulted with 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over health and human services matters. 
FISCAL ~OTE RF:QntU~O 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/05 ~aC!. 
LD 1601 
LR0557(02) 
An Act To Prevent the Manufacturing of Methamphetamine in Maine 
Fiscal Note for Bill as Amended by Committee Amendment "A 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact State~ents 
Establishes new Class B, C and D crimes; increases correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Office of Substance Abuse in the Department of Health and Human Services can be 
absorbed by the office utilizing existing budgetary resources. 
LR0557(2) - Fiscal Note - Page 1 of 1