H.R. 4395 (108th): Ephedrine Alkaloids Regulation Act of 2004

108th Congress, 2003–2004. Text as of May 19, 2004 (Introduced).

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HR 4395 IH

108th CONGRESS

2d Session

H. R. 4395

To amend the Controlled Substances Act with respect to the regulation of ephedrine alkaloids, including ephedrine and pseudoesphedrine.

IN THE HOUSE OF REPRESENTATIVES

May 19, 2004

Mr. CARSON of Oklahoma (for himself and Mr. SULLIVAN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the Controlled Substances Act with respect to the regulation of ephedrine alkaloids, including ephedrine and pseudoesphedrine.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Ephedrine Alkaloids Regulation Act of 2004’.

SEC. 2. FINDINGS.

    The Congress finds as follows:

      (1) The United States faces increasing danger related to methamphetamine trafficking, production, and abuse.

      (2) Methamphetamine is a highly addictive drug that can be readily made from products and precursors purchased from retail stores. Step-by-step recipes can easily be found on the Internet, which is a factor in the dramatic increase in the number of clandestine labs in recent years.

      (3) Methamphetamine-producing clandestine laboratories have been identified by the Drug Enforcement Administration as a significant threat to the Nation’s public health and safety. The manufacture of methamphetamine produces highly toxic and unstable chemicals that threaten the well-being of first responders, law enforcement officers, and the community at-large.

      (4) Methamphetamine production, once exclusively found in West Coast States, has rapidly moved eastward to the Midwest. Production can now be found on the East Coast, in the States of New York and Florida.

      (5) Methamphetamine abuse is indiscriminate of age, socioeconomic level, or race.

      (6) Pseudoephedrine is a necessary precursor chemical in the production of methamphetamine, which prompted the Drug Enforcement Administration to initiate investigations regarding the chemical’s sale and distribution.

      (7) Efforts to reduce access to pseudoephedrine by methamphetamine producers, such as blister packaging and sales thresholds, have not been effective deterrents, and pseudoephedrine tablets remain pervasive in the illicit production of methamphetamine.

      (8) Pseudoephedrine in liquid gel and liquid forms have not been found to be used in methamphetamine production.

      (9) As States and communities attempt to combat and control methamphetamine through restricting the sale of pseudoephedrine products, it is incumbent upon the Congress to develop a uniform standard for the distribution of pseudoephedrine in tablet form.

SEC. 2. CONTROLLED SUBSTANCES; ADDITION OF EPHEDRINE ALKALOIDS TO SCHEDULE V.

    (a) In General- Effective upon the expiration of 30 days after the date of the enactment of this Act, ephedrine alkaloids (including ephedrine and pseudoesphedrine), and their salts, optical isomers, and salts of optical isomers, shall be considered to be listed in schedule V of the schedules of controlled substances established under section 202(c) of the Controlled Substances Act, subject to subsection (b). The Attorney General shall amend part 1308 of title 21, Code of Federal Regulations, accordingly.

    (b) Certain Forms of Pseudoephedrine- Subject to the authority of the Attorney General under the Controlled Substances Act to designate drugs or other substances as controlled substances or listed chemicals--

      (1) subsection (a) does not apply to pseudoephedrine when contained in a drug that is in liquid or gel form and is marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act; and

      (2) pseudoephedrine when so contained shall be considered a listed chemical.

SEC. 3. REGULATION OF TRANSACTIONS INVOLVING LISTED CHEMICALS; EXEMPTION FOR CERTAIN DOSAGE FORMS OF PSEUDOEPHEDRINE.

    (a) Definition of Regulated Transaction- Section 102(39)(A)(iv) of the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended--

      (1) in the matter preceding subclause (I), by striking ‘unless--’ and inserting ‘unless, subject to clause (v)--’;

      (2) in subclause (I), by inserting ‘in liquid or gel form’ after ‘pseudoephedrine’ the first place such term appears; and

      (3) in subclause (II)--

        (A) by inserting ‘in liquid or gel form’ after ‘pseudoephedrine’ the first place such term appears; and

        (B) by striking ‘except that’ and all that follows and inserting the following: ‘except that the threshold for any sale of products containing pseudoephedrine products in liquid or gel form, or containing phenylpropanolamine products, by retail distributors or by distributors required to submit reports by section 310(b)(3) shall be 9 grams of pseudoephedrine or 9 grams of phenylpropanolamine in a single transaction and sold in package sizes of not more than 3 grams of pseudoephedrine base or 3 grams of phenylpropanolamine base; or’.

    (b) Definition of Ordinary Over-The-Counter Pseudoephedrine or Phenylpropanolamine Product- Section 102(45) of the Controlled Substances Act (21 U.S.C. 802(45)) is amended in the matter preceding subparagraph (A) by striking ‘containing pseudoephedrine or phenylpropanolamine that’ and inserting ‘containing pseudoephedrine in liquid or gel form, or containing phenylpropanolamine, that’.