An Act To Restrict Further the Amount of Methamphetamine Precursors That May Be Bought or Sold
Maine Legislature, Session 125, LD 1714
Committee Amendment CA_A_H822 (House)
Amends: 32 MRSA §13796

COMMITTEE AMENDMENT "ft" to H.P. 1266, L.D. 1714, Bill, "An Act To 
Restrict Further the Amount of Methamphetamine Precursors That May Be Bought or 
Sold" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRS A §13796, sub-§l, as amended by PL 2007, c. 402, Pt. DO, §32, 
is repealed. 
Sec. 2. 32 MRS A §13796, sub-§l-A is enacted to read: 
I-A. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Electronic logging system" means a system that: 
(1) 
Blocks the illegal sale of over-the-counter cold and allergy medications 
containing a targeted methamphetamine precursor; 
(2) Is available free of charge to the State and its taxpayers, retailers and law 
enforcement; 
(3) Operates in real time and communicates across state lines in real time with 
similar systems; and 
(4) Complies with the requirements of the national Criminal Justice Infonnation 
Exchange or its successor program and the National Information Exchange 
Model or its successor program. 
B. "Override function" means a function in an electronic logging system that may be 
used to override a stop-sale alert and allows the completion of a sale. 
C. "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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 1266, L.D. 1714 
D. "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 
pharmacies. 
E. "Sale" or "sold" includes barter, exchange, transfer and gift. 
F. "Stop-sale alert" means a notification that alerts the retailer that completion of the 
sale would 
result 
in 
the 
seller's 
or 
purchaser's 
violating 
the 
targeted 
methamphetamine precursor quantity limits. 
Sec. 3. 32 MRSA §13796, sub-§3, as amended by PL 2007, c. 402, Pt. DD, §33, 
is further amended to read: 
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. The limits under this subsection 
on the amount of targeted methamphetamine precursors that may be sold apply to the 
total amount of base ephedrine, phenylpropanolamine and pseudoephedrine contained in 
packages and not the overall weight of the packages. 
A. A retailer may not sell more than 3 packages of a targeted methamphetamine 
precursor per transaction to the same person a targeted methamphetamine precursor 
that causes the sales to that person of targeted methamphetamine precursors within a 
24-hour period to exceed 3.6 grams. 
A-I. 
A person may not purchase more than 3.6 grams of a targeted 
methamphetamine precursor within a 24-hour period. 
A-2. 
A retailer may not sell to the same person a targeted methamphetamine 
precursor that causes the sale to that person of targeted methamphetamine precursors 
within a 30-day period to exceed 9 grams. 
A-3. A person may not purchase more than 9 grams of a targeted methamphetamine 
precursor within a 30-day period. 
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 shall 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 licensed 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 supervision of a pharmacist in the 
pharmacy area of the retail store; and 
(b) 
A licensed pharmacist or licensed pharmacy technician has gIven 
individual, express approval for the purchase. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "R" to H.P. 1266, L.D. 1714 
IL Except with regard to singlG:::Q9se 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 shall require a person purchasing a targeted methamphetamine 
precursor to present a validgQYernment-issuedphotograph identification document at 
the point of sale. A retailer shall record the: 
(1) Name and address of the purchaser; 
(2) Name of the targeted methamphetamine precursor purchased including the 
number of grams the product contains; 
(3) Date and time of purchase; and 
(4) 
Form of identification presented, issuing government entity and 
corresponding identification number. 
E. 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 shall maintain a written or electronic logbook and require a person 
purchasing a targeted methamphetamine precursor to sign the logbook. A purchaser 
must sign the logbook acknowledging that the purchaser understands the applicable 
sales limit and that providing false statements or misrepresentations in the logbook 
may subject the purchaser to criminal penalties under 18 United States Code, Section 
1001. 
Sec. 4. 32 MRSA §13796, sub-§§5 to 7 are enacted to read: 
5. Electronic logging. Beginning January 1, 2013, a retailer who has access to the 
Internet shall, before completing a sale under this section, electronically submit the 
information obtained pursuant to subsection 3, paragraph D to an electronic logging 
system. If the electronic logging system generates a stop-sale alert, the retailer may not 
complete the sale. If the retailer has concern for personal safety or the safety of others if 
a sale is not completed, the retailer may use the system's override function to complete 
the sale and must maintain a log of the sale. If the retailer experiences mechanical or 
electronic failure of the electronic logging system and is unable to comply with the 
electronic logging requirement, the retailer shall maintain a written log or an alternative 
electronic record-keeping mechanism until such time as the retailer is able to comply with 
the electronic logging reguirement. 
6. Immunity; presumption of good faith. A retailer is immune from liability for 
any claims, costs, expenses, injuries, liabilities, losses or damages of any kind resulting 
from the retailer's use of the electronic logging system in accordance with this section 
unless the injury or loss is the result of willful, reckless or intentional misconduct by the 
retailer. In a civil proceeding in which the retailer's use of an electronic logging system 
pursuant to this section is an issue, there is a rebuttable presumption of good faith on the 
part of the retailer. 
7. Political subdivision ordinances. A political subdivision, as defined in Title 
30-A, section 2252, may not adopt an ordinance regulating the sale or purchase of a 
targeted methamphetamine precursor, and any ordinance that violates this subsection is 
void and has no force or effect. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1266, L.D. 1714 
Sec. 5. Electronic logging system. By August 1, 2012, the Departmcnt of Public 
Safety, Maine Drug Enforcement Agency shall sclect a real-time electronic logging 
system to track sales of over-the-counter cold and allergy medications containing targeted 
methamphetamine prccursors of ephedrine, pseudoephedrine or phenylpropanolamine. 
The system must mect the requirements for an electronic logging system as defined in the 
Maine Revised Statutes, Title 32, section 13796, subsection I-A, paragraph A. 
By 
September 1, 2012, the Maine Drug Enforcement Agency shall notify retailers which 
system it has chosen.' 
SUMMARY 
This amendment replaces the bill. The amendment retains the original intent of the 
bill to replace current restrictions on the sale of a targeted methamphetamine precursor 
and to limit sales to 3.6 grams per person per day and 9 grams per person per 30 days to 
comply with federal law. It also places the same restrictions on purchases. 
The 
amendment requires the electronic logging system to block illegal sales, subject to 
override if the seller has a concern for personal safety if the sale is not made. The 
amendment exempts from the electronic logging system a retailer who does not have 
access to the Internet. The amendment provides a presumption of good faith for the 
retailer in a civil proceeding in which use of the electronic logging system is an issue. 
The amendment requires the Department of Public Safety, Maine Drug Enforcement 
Agency to select a real-time electronic logging system by August 1, 2012 and by 
September 1, 2012 to notify retailers of the system. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/21/12 
fi';"CZC 
LD 1714 
LR 2544(02) 
An Act To Restrict Further the Amount of Methamphetamine Precursors That May Be Bought or 
Sold 
Fiscal Note for Bill as Amended by Committee Amendment ,A" (H -~ d-.l.) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety associated with selecting a real-time electronic logging system 
and notifying retailers can be absorbed within existing budgeted resources. 
LR2544(02) - Fiscal Note - Page 1 of 1