SB 853 - This act strengthens the Department of Health regulations concerning methamphetamine and its components. The bill also contains some technical changes. The definition of "manufacture" specifies that the term does not include the preparation of a controlled substance by an individual for his own use as a result of a prescription or order by a practitioner as authorized by statute.

Currently, any mixture containing ephedrine is a Schedule IV drug, if ephedrine is the only active medicinal ingredient. The act deletes the latter phrase, so that any mixture containing ephedrine would be a Schedule IV drug. Pseudoephedrine is added to the list of Schedule V drugs.

The act allows DOH to terminate any restriction or limitation previously imposed upon a registration if the registrant has remained in compliance with restrictions and applicable laws. Currently, a pharmacist may sell and dispense any Schedule II drug in emergency situations, as long as the sale is according to detailed requirements listed in the statute. The act deletes the detailed requirements. The provisions regarding disciplinary actions that DOH may take with a registrant are revised.

A report must be filed with the Department of Health for sales of sulfuric acid, hydrochloric acid, iodine and red phosphorus. It is currently unlawful for any person to possess listed chemicals with intent to manufacture, produce, or test controlled substances. The act adds that it is also unlawful to possess any product or substance containing a listed chemical to manufacture, produce or test controlled substances.
JOAN GUMMELS