An Act To Remove a Conflict in the Law Restricting the Sale or Purchase of Targeted Methamphetamine Precursors

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  Public Law 2011, chapter 584 made changes to the law restricting the sale of targeted methamphetamine precursors; and

Whereas,  the changes did not address restrictions on packaging in the law, causing a conflict in state and federal law; and

Whereas,  this conflict needs to be addressed quickly so that sales of legal methamphetamine precursors can continue; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 32 MRSA §13796, sub-§2,  as enacted by PL 2005, c. 430, §8 and affected by §10, is repealed.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

Public Law 2011, chapter 584 made changes to the law restricting the sale of targeted methamphetamine precursors, including setting a limit of 3.6 grams of targeted methamphetamine precursors that could be sold in a 24-hour period to the same person; this limit is the same as in federal law. At the time Public Law 2011, chapter 584 was enacted, the law prohibited the sale of targeted methamphetamine precursors to no more than 3 grams and also restricted the number of packages sold per transaction.

This bill repeals the restriction on the number of packages of medication containing pseudoephedrine that may be sold at one time, leaving the 3.6 gram per month maximum in place. The requirement that the targeted methamphetamine precursors be sold in blister packages is also repealed since this is already a federal requirement under the federal Combat Methamphetamine Epidemic Act.