County or municipality prohibited from establishing higher requirements or
No county or municipality may establish requirements or establish a penalty that is higher
or more stringent than the requirements or penalties established by this chapter.
Identification and record of buyer of product containing pseudoephedrine or
If offering for sale a product containing pseudoephedrine or ephedrine as an active
ingredient, a retailer shall, before making such a sale, require and make a record of the identification
of the person purchasing the product containing pseudoephedrine or ephedrine. For purposes of this
section, the term, identification, means a document issued by a governmental agency which contains
a description of the person or a photograph of the person, or both, and gives the person's date of
birth, such as a driver license, passport, or military identification card. The retailer shall maintain the
record of identification, including the purchaser's name and date of birth. On August 1, 2006, and
no later than the fifth day of every month thereafter, the retailer shall submit, electronically or in
writing, any such records to the Office of the Attorney General. No retailer may use or maintain the
record for any private or commercial purpose or disclose the record to any person, except as
authorized by law. The retailer shall disclose the record, upon request, to a law enforcement agency
for a law enforcement purpose.
Source: SL 2006, ch 181, § 6; SL 2012, ch 184, § 1.
34-20D-9 Immunity from civil liability for good faith release of information to law enforcement.
Immunity from civil liability for good faith release of information to law
Any retailer who in good faith releases information governed by this chapter to a law
enforcement agency for a law enforcement purpose is immune from civil liability for such release
unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.
Source: SL 2006, ch 181, § 7.
34-20D-10 Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine ...
Possession of product, mixture, or preparation containing ephedrine base,
pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.
may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine
base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day
period. This restriction does not apply to any quantity of product, mixture, or preparation obtained
pursuant to a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with
Possession of more than nine grams of a drug product containing more than nine grams of
ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable
presumption of the intent to use the product as a precursor to methamphetamine or another controlled
substance. This rebuttable presumption does not apply to:
A retail distributor of drug products;
A wholesale drug distributor, or its agents;
A manufacturer of drug products, or its agents;
A pharmacist licensed by the Board of Pharmacy; or
A licensed health care professional possessing the drug products in the course of carrying
out the profession.
Any violation of this section is a Class 1 misdemeanor.
Source: SL 2006, ch 181, § 8.