SB6 HFA SHOTT ELLINGTON 3-8 #1

    Delegates Shott and Ellington move to amend the committee amendment on page 5, section 4, after line 20, by inserting a new subsection to read as follows:

    “(f) (1) Notwithstanding any provision of this code to the contrary, a county commission may adopt an ordinance to provide that a pharmacy, wholesaler or other entity operating a retail establishment in the county may not sell, transfer or dispense ephedrine, pseudoephedrine or phenylpropanolamine without a prescription, unless the product has been determined by the Board of Pharmacy to be in an extraction- or conversion-resistant form: Provided, That the ordinance shall not take effect until 30 days after it has been approved by a referendum on the ordinance pursuant to subdivision three of this subsection.  

(2) The ordinance:

    (A) Shall provide that the provisions of subdivision (3), subsection (a), section seven, article seven, chapter sixty-one of this code are inapplicable to persons possessing ephedrine, pseudoephedrine or phenylpropanolamine which has been lawfully purchased in the jurisdiction of sale and which is possessed with the intent that it be used in the manner and form intended by the manufacturer;

    (B) Shall provide that the ordinance does not apply to drug products containing ephedrine, pseudoephedrine or phenylpropanolamine which are for pediatric use primarily intended for administration to children under the age of twelve; and

    (C) May provide that any person in violation of the ordinance is guilty of a misdemeanor and, upon conviction, may be fined not more than $1,000 for the first offense, or more than $10,000 for each subsequent offense.

    (3) A county commission that adopts an ordinance pursuant to this subsection shall conduct a referendum on the question of the adoption of any ordinance pursuant to this section by entry of an order providing that the ordinance not become effective until it is ratified by a majority of the legal votes cast on the referendum by the qualified voters of the county at any primary, general or special election as the county commission directs.

    (4) Nothing in this subsection requires a county commission to adopt an ordinance authorized by this subsection.”

Adopted

Rejected