St. Charles County, MO
 
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Table of Contents
Table of Contents
Editor’s Note: In this Chapter the words "Sheriff’s Department" are changed to "Police Department" pursuant to the St. Charles County Charter Article IV, Sections 4.250 and 4.1300, as amended in 2012 and effective 1-1-2015, and St. Charles County Ord. No. 15-012, Section 2, adopted 1-26-2015.
[Ord. No. 11-062 §1, 7-26-2011; Ord. No. 11-079 §1, 9-28-2011]
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them:
DELIVER
The process of knowingly selling, furnishing, giving away, exchanging, transferring, surrendering, or supplying to any person, whether or not for monetary gain, ephedrine, pseudoephedrine or any other methamphetamine precursor.
EPHEDRINE
All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any compound sold for medicinal purposes containing these chemicals.
METHAMPHETAMINE PRECURSOR
Any substance as described in the definitions of "ephedrine" and "pseudoephedrine" hereof, or in Section 195.246 or Section 195.248, RSMo.
PERSON
Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity.
PSEUDOEPHEDRINE
All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any other compound sold for medicinal purposes containing these chemicals.
[Ord. No. 11-062 §1, 7-26-2011; Ord. No. 11-079 §1, 9-28-2011]
It shall be illegal for any person to deliver ephedrine, pseudoephedrine or any other methamphetamine precursor to any other person except as set forth in the specific exceptions contained in this Chapter.
[Ord. No. 11-062 §1, 7-26-2011; Ord. No. 11-079 §1, 9-28-2011; Ord. No. 12-038 §1, 5-3-2012; Ord. No. 12-075 §1, 11-1-2012; Ord. No. 12-101 §1, 12-18-2012]
A. 
The following are exceptions to the prohibition against delivery stated above:
1. 
Ephedrine, pseudoephedrine or other methamphetamine precursors may be delivered to a person by a Missouri licensed pharmacist after being authorized to do so pursuant to a prescription from a physician or other healthcare professional licensed by the State of Missouri (hereinafter "practitioner") to write prescriptions. The requirement for a prescription is satisfied by any of the following methods:
a. 
By a written prescription signed by a practitioner;
b. 
By a facsimile of a written, signed prescription transmitted by the practitioner or his authorized agent to the pharmacy;
c. 
By an oral prescription made by an individual practitioner whether communicated by the practitioner or his authorized agent to the pharmacy;
d. 
By a prescription transmitted by electronic computer transmission by the authorizing practitioner or the practitioner's agent to the pharmacy.
All oral prescriptions and prescriptions transmitted by electronic computer transmission shall be promptly reduced to writing by the pharmacist containing all information required in Section 195.060, RSMo., except for the signature of the practitioner.
2. 
Ephedrine, pseudoephedrine or other methamphetamine precursors may be distributed by a licensed physician or other healthcare professional licensed by the State of Missouri to write prescriptions within a physician's office, clinic, nursing home or other licensed healthcare facility.
3. 
This Chapter regulating delivery of ephedrine, pseudoephedrine or other methamphetamine precursors shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra.
4. 
Any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except any dietary supplements, herbs, or natural products, including concentrates or extracts, that are not otherwise prohibited by law and that contain naturally occurring ephedrine alkaloids in a matrix of organic material such that the substances do not exceed fifteen percent (15%) of the total weight of the dietary supplement, herb, or natural product.
5. 
Any compound containing pseudoephedrine which cannot be effectively converted to methamphetamine. For purposes of this Section any product containing any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers from the application of all or any part of Sections 195.010 to 195.320, RSMo., is considered to be a "compound containing pseudoephedrine". For purposes of this Section such compound "cannot be effectively converted to methamphetamine" when the compound is proven by independent testing to not be feasible for the conversion of the active ingredient into methamphetamine or its preparation releases less than five percent (5%) of the active ingredient into methamphetamine or its salts or precursors. No exemption may be granted under this Section for any product containing ephedrine or pseudoephedrine that also contains another Schedule V drug pursuant to Missouri law.
6. 
Upon written application to the St. Charles County Department of Health and the Environment, an exemption from the requirements of prescription shall be granted with regard to a compound for which a manufacturer has established that the standards set forth in Subsection (4) above and Subsection (5) above are met.
a. 
Such application shall set forth and attach a certified copy of the results of independent testing establishing that any compound containing pseudoephedrine cannot be effectively converted to methamphetamine as established by the standards set forth in Subsection (4) above and Subsection (5) above. Such application shall not allow for an exemption to be granted for any product containing ephedrine or pseudoephedrine which is a Schedule V drug pursuant to Missouri law.
7. 
For so long as the written exemption authorized by Subsection (6) above is valid, any product granted such exemption containing any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers is exempt from the application of all or any part of Sections 195.010 through 195.320, RSMo., because the product is proven to not be feasible for the conversion of the active ingredient into methamphetamine or its salts or precursors, and such product may be sold without a prescription and shall not be required by St. Charles County to be retained in the pharmacy for sale.
8. 
Upon notification from the State Highway Patrol or the St. Charles County Police Department that there is probable cause to believe that a product exempted under this Subdivision is feasible for the conversion of the active ingredient into methamphetamine or its salts or precursors, the Department of Community Health and the Environment shall notify the manufacturer that the exemption is under review and may proceed to a hearing, which shall be held on the record, and which shall examine whether to revoke or continue the exemption for the product. The decision of the Director of Community Health and the Environment shall be final.
[Ord. No. 11-062 §1, 7-26-2011; Ord. No. 11-079 §1, 9-28-2011]
It shall be prima facie proof that a substance is regulated by this Chapter if the substance is contained in its original packaging and is labeled as containing ephedrine, pseudoephedrine or other methamphetamine precursor.
[Ord. No. 11-062 §1, 7-26-2011; Ord. No. 11-079 §1, 9-28-2011]
A. 
All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine precursors shall be reported to the St. Charles County Police Department within twenty-four (24) hours of discovery.
B. 
Any person selling ephedrine, pseudoephedrine or other methamphetamine precursors shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the St. Charles County Police Department within twenty-four (24) hours of discovery.
[Ord. No. 11-062 §1, 7-26-2011; Ord. No. 11-079 §1, 9-28-2011]
The County Counselor may seek and obtain injunctive relief against any person who is in violation of this Chapter in the Circuit Court of St. Charles County, Missouri.
[Ord. No. 11-062 §1, 7-26-2011; Ord. No. 11-079 §1, 9-28-2011]
Violation of this Chapter shall be punished by a fine or up to one thousand dollars ($1,000.00), imprisonment of up to one (1) year, or both such a fine and imprisonment. Each violation of this Chapter shall be considered a separate offense.