Senate Bill No. 791
(By Senators Kessler, Dempsey, Fanning, Foster, Hunter,
Jenkins, Minard, Oliverio, White, Barnes, Caruth,
Deem, Harrison, Lanham, McKenzie and Weeks)
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[Originating in the Committee on the Judiciary;
reported February 27, 2006.]
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A BILL to amend and reenact §60A-2-212 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §60A-10-7
and §60A-10-8 of said code, all relating to clarifying
statutory references in said code;
clarifying that offenses
and penalties relating ephedrine, pseudoephedrine or
phenylpropanolamine are not covered by the provisions of
article ten of said chapter; and penalties.
Be it enacted by the Legislature of West Virginia:
That
§60A-2-212
of the Code of West Virginia, 1931, as
amended, be amended and
reenacted; and that
§60A-10-7, §60A-10-8
of
said code be amended and reenacted, all to read as follows:
ARTICLE 2. STANDARDS AND SCHEDULES.
60A-2-212. Schedule V.
(a) Schedule V shall consist of the drugs and other
substances, by whatever official name, common or usual name,
chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation containing any of the following narcotic drugs and
their salts, as set forth below:
(1) Buprenorphine.
(c) Narcotic drugs containing nonnarcotic active medicinal
ingredients. Any compound, mixture or preparation containing any
of the following narcotic drugs or their salts calculated as the
free anhydrous base or alkaloid in limited quantities as set forth
below, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound,
mixture or preparation valuable medicinal qualities other than
those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less
than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams;
(6) Not more than 0.5 milligrams of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
(d) Stimulants. -- Unless specifically exempted or excluded or
unless listed in another schedule, any material, compound, mixture
or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system,
including its salts, isomers and salts of isomers:
(1) Pyrovalerone.
(e) Any compound, mixture or preparation containing as its
single active ingredient ephedrine, pseudoephedrine or
phenylpropanolamine, their salts or optical isomers, or salts of
optical isomers except products which are for pediatric use
primarily intended for administration to children under the age of
twelve: Provided, That neither the offenses set forth in section
four hundred one, article four of this chapter, nor the penalties
therein, shall be applicable to ephedrine, pseudoephedrine or
phenylpropanolamine which shall be subject to the provisions of
article ten of this chapter.
ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
§60A-10-7. Restricted products; rule-making authority.
(a) On or before the first day of July, two thousand five, the
Board of Pharmacy shall promulgate emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a
of this code to implement a program wherein the Board of Pharmacy
shall consult with the Superintendent of the State Police in
identifying drug products which are a designated precursor, in
addition to those that contain as their single active ingredient
ephedrine, pseudoephedrine or phenylpropanolamine, that are
commonly being used in the production and distribution of
methamphetamine. Those drug products which the Superintendent of
the State Police have demonstrated by empirical evidence are
commonly used in the manufacture of methamphetamine shall be added
to a supplemental list of controlled substances listed in
subsection (e), section two hundred twelve, article two of this
chapter and shall be subject to all of the restrictions of this
article. These rules established pursuant to this section shall
include:
(1) A process whereby pharmacies are made aware of all drug
products that contain as their single active ingredient ephedrine,
pseudoephedrine and phenylpropanolamine that will be listed as a
Schedule V substance and must be sold, transferred or dispensed
from behind a pharmacy counter;
(2) A process whereby pharmacies and retail establishments are
made aware of additional drug products added to Schedule V that are
required to be placed behind the pharmacy counter for sale,
transfer or distribution can be periodically reviewed and updated.
(b) At any time after the first day of July, two thousand
five, the Board of Pharmacy, upon the recommendation of the
Superintendent of the State Police, shall promulgate emergency and
legislative rules pursuant to the provision of article three,
chapter twenty-nine-a of this code to implement an updated
supplemental list of products containing the controlled substances
ephedrine, pseudoephedrine or phenylpropanolamine as an active
ingredient or any other drug used as a precursor in the manufacture
of methamphetamine, which the Superintendent of the State Police
has demonstrated by empirical evidence is being used in the
manufacture of methamphetamine. This listing process shall comport
with the requirements of subsection (a) of this section.
§60A-10-8. Reporting requirements; confidentiality.
(a) Whenever there is a sale, retail, transfer or distribution
of any drug product referred to in subsection (e), section two
hundred twelve, article two section seven of this chapter article
or another designated precursor, the pharmacist or pharmacy
technician making the sale, transfer or distribution shall report
the following information for inclusion in the central repository
established pursuant to article nine of this chapter:
(1) The date of the transaction;
(2) The name, address and driver's license or state-issued
identification number of the person; and
(3) The name, the quantity of packages and total gram weight of the product or products purchased, received or otherwise
acquired.
(b) The information required by this section shall be the
property of the state and a pharmacy shall have no duty to retain
a copy of the information in any format once the information has
been reported to the Board of Pharmacy as required by this section.
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(NOTE: The purpose of this bill is to clarify statutory
references in the code, clarifying that offences and penalties
relating to ephedrine, pseudoephedrine or phenylpropanolamine are
not covered by the provisions of article ten of this chapter; and
establish penalties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)