Ephedrine sales restricted beginning December 15

Two new state laws restricting retail sales of products containing pseudo-ephedrine and ephedrine take effect December 15 as part of an effort to stop the spread of methamphetamine in Michigan. Sales of these so-called “precursor products,” which are used in the production of meth, will be restricted by age of purchaser and amount.

Ephedrine and pseudoephedrine are active ingredients in many cold and asthma medications. Ephedrine also is found in weight-loss or energy boosting products.

The following summary addresses the requirements of the new laws regarding the sale of such products, security surrounding these products and signage.

Sale of products
• The sale of products containing ephedrine or pseudoephedrine to any person less than 18 years of age is prohibited.
• The single sale of more than two packages (48 tablets or capsules), or single sale of more than two personal convenience packages (two tablets or two capsules), of products containing ephedrine or pseudoephedrine to persons 18 years of age or older is prohibited.

Exceptions
•Pediatric products administered to children less than 12 years of age.
• Products containing pseudoephedrine in liquid form if pseudoephedrine is not the only active ingredient.
• Products dispensed through a legal prescription.

Product security
All products containing a compound, mixture or preparation of ephedrine or pseudoephedrine must be stored in one of the following three ways:
• Behind a counter where the public is not permitted;
• In a locked case where the customer must ask for assistance from a store employee; or
• Within 20 feet of a counter that allows an attendant an unobstructed view of the product and that allows the use of anti-theft devices such as detection alarms, special package tags or constant video surveillance to deter theft whenever the counter is not attended.

Anti-theft devices, video surveillance and a purchase log must be used when the products are maintained within 20 feet of a counter that is not staffed by one or more employees at all times. The log must list the date of sale, the name and date of birth of purchaser and the quantity and description of the product purchased. The purchase log must be maintained for a minimum of six months and made available to a law enforcement agency upon request.

Signage
• A warning sign, provided by free download through the Michigan Department of Community Health web site (www.michigan.gov/mdch), must be posted in a place close to the point of sale and conspicuous to employees and customers.
• If using video surveillance, a warning sign must be clearly displayed indicating the product area is under constant surveillance.

The laws—Public Acts 86 and 87—are available at the Legislature’s website: www.michiganlegislature.org (click “Public Acts,” then enter 86 or 87 and 2005). Refer to the laws for more details, especially regarding signage and use of the purchase log.

If you have questions, visit the Michigan Office of Drug Control Policy website (www.michigan.gov/meth) or call 517.373.4700.