Prescription for Pseudoephedrine Products Exposed

Prescription for Pseudoephedrine Products was considered by ALEC's Public Safety and Elections Task Force at the 2011 States and Nation Policy Summit on December 2, 2011. This bill was part of the ALEC task force agenda between 2010 and 2012, but due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law.

ALEC Draft Bill Text

Summary

This bill classifies any compound, mixture, or preparation, including any preparation in liquid, liquid capsule, or gel capsule form, that contains pseudoephedrine as a Schedule III drug, requiring a prescription.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Definitions}

(A) For the purposes of this section, “Schedule III drug” means:

(1) A substance that has a potential for abuse less than substances in schedules I or II; and

(2) Abuse of substance may lead to moderate or low physical dependence or high psychological dependence; and

(3) A substance that requires a prescription.

Section 2. {Classification of Pseudoephedrine}

Any compound, mixture, or preparation, including any preparation that is in liquid, liquid capsule, or gel capsule form, containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers is a Schedule III drug.

Section 3. {Severability Clause}

Section 4. {Repealer Clause}

Section 5. {Effective Date}