Limit on sale or dispensing of certain drugs, exceptions
This law controls how much medicine with ephedrine, pseudoephedrine, or phenylpropanolamine — ingredients used to make meth — a person can buy or a store can sell. There are limits on how much can be bought in a 24-hour period, a 30-day period, and a 12-month period. These products must be kept behind the pharmacy counter, and only pharmacy staff can sell them. No prescription is needed as long as the purchase stays within the legal limits, but that rule could expire if meth lab incidents in Missouri go above 300 in a year. State law overrides any local city or county rules on this topic, and breaking this law on purpose or carelessly is a crime.
195.417. Limit on sale or of certain drugs, exceptions — for certain substances not required, when, expiration when — , state law to and — violations, . — 1. The limits specified in this section shall not apply to any quantity of such product, mixture, or preparation which must be , sold, or in a pharmacy a .
2. Within any thirty-day period, no person shall sell, , or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any of , , or , or any of their salts or , or salts of optical isomers, either as:
(1) The sole active ingredient; or
(2) One of the active ingredients of a combination drug; or
(3) A combination of any of the products specified in (1) and (2) of this ;
3. Within any twenty-four-hour period, no , , or shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:
(1) The sole active ingredient; or
(2) One of the active ingredients of a combination drug; or
(3) A combination of any of the products specified in subdivisions (1) and (2) of this subsection;
4. Within any twelve-month period, no person shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:
(1) The sole active ingredient; or
(2) One of the active ingredients of a combination drug; or
(3) A combination of any of the products specified in subdivisions (1) and (2) of this subsection;
5. All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from in subsection 17 or 18 of section 195.017, shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a or registered pharmacy technician under section 195.017.
6. Each pharmacy shall submit regarding sales of any compound, mixture, or preparation as specified in this section in accordance with transmission methods and frequency established by the by .
*7. No prescription shall be required for the dispensation, sale, or distribution of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits described in subsections 2, 3, and 4 of this section. The of the Missouri state patrol shall report to the and the by February first when the statewide number of methamphetamine laboratory incidents exceeds three hundred incidents in the previous . The of this subsection shall expire on April first of the calendar year in which the revisor of statutes receives such notification.
8. This section shall any local ordinances or regulations, including any or regulations enacted by any of the state. This section shall not apply to the sale of any animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.
9. Any local ordinances or regulations enacted by any political subdivision of the state prior to August 28, 2020, requiring a prescription for the dispensation, sale, or distribution of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits described in subsections 2, 3, and 4 of this section shall be and of no effect and no such political subdivision shall maintain or such or regulation.
10. All logs, records, documents, and electronic information maintained for the dispensing of these products shall be open for inspection and copying by , county, and state or federal law officers whose duty it is to enforce the laws of this state or the United States.
11. All persons who dispense or offer for sale pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in subsection 17 or 18 of section 195.017, shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.
12. The penalty for a knowing or violation of this section is found in section 579.060.
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Source & history notes
(L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2003 H.B. 470 merged with S.B. 39, A.L. 2005 H.B. 441 merged with S.B. 10 & 27, A.L. 2008 S.B. 724, A.L. 2014 S.B. 491, A.L. 2020 H.B. 1682 merged with H.B. 1896) *Contingent expiration date, subsection 7. *Revisor's note: To date, no notice has been provided to the Revisor of Statutes under subsection 7.
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