HB363 Alabama 2012 Session

Under existing law, the sale of over-the-counter products containing ephedrine or pseudoephedrine is regulated and certain records of sales are required to be kept

This bill would further regulate the sale of over-the-counter products containing certain quantities of ephedrine or pseudoephedrine within certain periods of time

The bill would prohibit the sale of any product containing pseudoephedrine and ephedrine compounds from anywhere other than a licensed pharmacy

This bill would specify certain identification necessary to purchase a product containing pseudoephedrine and ephedrine compounds

This bill would enhance criminal penalties for violations of laws governing the sale of products containing pseudoephedrine and ephedrine compounds

This bill would revise the membership of the Alabama Drug Abuse Task Force

This bill would require the Alabama Criminal Justice Information Center to implement an electronic drug offender tracking system to catalogue all criminal convictions in this state and other states of persons with certain felony and misdemeanor convictions related to methamphetamine

This bill would make it a Class B felony to purchase or to attempt, solicit another, or conspire to purchase or sell, transfer, or otherwise furnish a listed precursor chemical or pseudoephedrine and ephedrine compounds for the purpose of providing or sharing any pseudoephedrine and ephedrine compounds to manufacture methamphetamine or a controlled substance

This bill also would provide specific criminal penalties for certain uses of drug paraphernalia in violation of the controlled substances laws of this state

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 13A-12-260 and 20-2-190, Code of Alabama 1975; to add Section 20-2-190.2 to the Code of Alabama 1975; to further regulate the sale of over-the-counter products containing certain quantities of ephedrine or pseudoephedrine within certain periods of time; to enhance existing criminal penalties for violations and to provide additional criminal penalties; to revise the membership of the Alabama Drug Abuse Task Force and to require a report to the Legislature; to require the Alabama Criminal Justice Information Center to implement an electronic drug offender tracking system to catalogue all criminal convictions in this state and other states of persons with certain felony and misdemeanor convictions related to methamphetamine; to provide specific criminal penalties for certain uses of drug paraphernalia in violation of the controlled substances laws of this state; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.