An Act To Require a Prescription for a Medication That Contains Certain Substances That May Be Used To Make Methamphetamine
Maine Legislature, Session 128, LD 1300
Committee: Health and Human Services
Sponsors: COOPER, CARPENTER, LUCHINI
Amends: 17-A MRSA §1101, 32 MRSA §13702-A, 32 MRSA §13795, 32 MRSA §13796

Legislative Document
No. 1300
H.P. 897
House of Representatives, April 4, 2017
An Act To Require a Prescription for a Medication That Contains 
Certain Substances That May Be Used To Make Methamphetamine
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COOPER of Yarmouth.
Cosponsored by Senator CARPENTER of Aroostook and
Representative: LUCHINI of Ellsworth.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1101, sub-§4-A, as enacted by PL 2005, c. 430, §1 and 
affected by §10, is amended to read: 
4-A.   "Methamphetamine precursor drug" means any drug or product possessed by a 
person that contains ephedrine or pseudoephedrine or their salts, isomers or salts of 
isomers, either alone or in combination with other ingredients, in dry or solid nonliquid 
form, or that contains in the aggregate a quantity of more than 9 grams of ephedrine, 
pseudoephedrine or phenylpropanolamine or their its salts, isomers or salts of isomers, 
either alone or in combination with other ingredients, in dry or solid nonliquid form. 
Sec. 2.  32 MRSA §13702-A, sub-§33, as enacted by PL 2007, c. 402, Pt. DD, 
§2, is amended to read: 
33.  Targeted methamphetamine precursor.  "Targeted methamphetamine 
precursor" means any product containing any amount of ephedrine, pseudoephedrine or 
phenylpropanolamine or their its 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. 3.  32 MRSA §13795, sub-§5, ¶A, as amended by PL 2011, c. 657, Pt. AA, 
§84, is further amended to read: 
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 its salts, isomers or salts of isomers, either alone or in 
combination with 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 Commissioner of Health and Human Services.  
The Commissioner of Health and Human Services 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 designating the products as targeted methamphetamine 
precursors pursuant to section 13702-A, subsection 33, paragraph B. 
Sec. 4.  32 MRSA §13796, sub-§3, as amended by PL 2011, c. 584, §3, 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 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-1.  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 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. 
D.  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 require a person purchasing a targeted methamphetamine 
precursor to present a valid government-issued photograph 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. 
SUMMARY 
This bill requires a prescription to possess any amount of ephedrine or 
pseudoephedrine.  It removes references to ephedrine and pseudoephedrine from the laws 
governing over-the-counter sales of methamphetamine precursors.