05 LC 33
0543
House
Bill 45
By:
Representative Bearden of the
68th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to regulation of controlled substances, so as to regulate
the sale of products used in the preparation of methamphetamine; to provide for
a definition; to prohibit certain activities with respect to such products; to
provide for criminal penalties; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to regulation of controlled substances, is amended by adding a new Code section
immediately following Code Section 16-13-30.3, to be designated Code Section
16-13-30.4, to read as follows:
"16-13-30.4.
(a)
As used in this Code section, the term 'product used in the preparation of
methamphetamine' means any compound, mixture, preparation or drug product
containing a dosage of 18 milligrams or more of ephedrine, pseudoephedrine, or
phenylpropanolamine, or any of their salts, isomers, or salts of isomers, alone
or in a mixture.
(b)(1)
It shall be unlawful for any person to openly display for sale a product used in
the preparation of methamphetamine. Any product used in the preparation of
methamphetamine shall be maintained behind the counter, in a locked cabinet, or
in another secure location and shall only be distributed for sale by a licensed
pharmacist, pharmacy technician, sales clerk, or other retail distributor
employee.
(2)
It shall be unlawful for any person to dispense, sell, or distribute a product
used in the preparation of methamphetamine without requiring the individual
purchasing, receiving, or otherwise acquiring such product to produce a photo
identification showing their date of birth and to sign a written log or receipt
showing their signature, printed name, date of transaction, and type and amount
of product purchased. Such log or receipt shall be maintained by the person
dispensing, selling, or distributing the product for a period of one year from
the date of transaction.
(c)
Any person who violates the provisions of this Code section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not
more than $1,000.00 or by imprisonment not to exceed six months or
both."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.