An Act To Restrict Further the Amount of Methamphetamine Precursors That May Be Bought or Sold
Sec. 1. 32 MRSA §13796, sub-§1, as amended by PL 2007, c. 402, Pt. DD, §32, is repealed.
Sec. 2. 32 MRSA §13796, sub-§1-A is enacted to read:
Sec. 3. 32 MRSA §13796, sub-§3, ¶A, as enacted by PL 2005, c. 430, §8 and affected by §10, is amended to read:
A retailer who violates this paragraph commits a Class E crime.
Sec. 4. 32 MRSA §13796, sub-§3, ¶¶D and E are enacted to read:
(1) Name and address of the purchaser;
(2) Name and quantity of targeted methamphetamine precursor purchased;
(3) Date and time of purchase; and
(4) The form of identification and identifying information, such as a driver's license number and the state of issuance, used by the purchaser.
Sec. 5. 32 MRSA §13796, sub-§§5 to 7 are enacted to read:
If a retailer experiences mechanical or electronic failure of the electronic logging system and is unable to comply with the electronic logging requirement, the retailer shall maintain a written log or an alternative electronic record-keeping mechanism until such time as the retailer is able to comply with the electronic logging requirement.
Sec. 6. Electronic logging system. The Maine Board of Pharmacy shall select a real-time electronic logging system to track sales of over-the-counter cold and allergy medications containing a targeted methamphetamine precursor. The system that the Maine Board of Pharmacy selects must be capable of generating a stop-sale alert, have an override function and be available to retailers without a charge for accessing the system. By December 1, 2012, the Maine Board of Pharmacy shall notify retailers which system it has chosen.
summary
This bill amends the current restrictions on the sale of a targeted methamphetamine precursor to limit sales to 3.6 grams per day and 9 grams per 30 days. It also places the same restrictions on purchases.
The bill requires a purchaser to present a valid identification to the retailer and requires the retailer to record the name and address of the purchaser, the name and quantity of targeted methamphetamine precursor purchased, the date and time of the purchase and the form of identification presented. The retailer is required to maintain a logbook, and the purchaser must sign the logbook. The bill makes it a Class E crime to sell more than 3.6 grams per day and 9 grams per 30 days of a targeted methamphetamine precursor.
The bill requires beginning January 1, 2013 a retailer to, before completing a sale, electronically submit information about the sale and the person purchasing a targeted methamphetamine precursor to a real-time electronic logging system that tracks sales of over-the-counter cold and allergy medications containing a targeted methamphetamine precursor.
The bill provides that a retailer is immune from any civil liability if the sale was made in good faith.
The bill provides that the law regarding targeted methamphetamine precursors supersedes any local, municipal or county ordinance regulating sales of cold and allergy medications containing a targeted methamphetamine precursor.
The bill also requires the Maine Board of Pharmacy to select a real-time electronic logging system and by December 1, 2012 to notify retailers of the system.