Legislation restricting the sale of pseudoephedrine tablets to licensed pharmacies was signed into law in Oklahoma on April 7 and is being considered by other states looking to adopt similar measures.

Gov. Brad Henry (D) signed House Bill 2176, limiting sales of tablets containing any amount of pseudoephedrine to behind the pharmacy counter.

The law is intended to target criminals who obtain large quantities of the ingredient for the illegal manufacture of methamphetamine.

The bill is effective immediately for grocery and convenience stores.

Liquid and capsule forms are not subject to the restrictions since they can not be used to make methamphetamine.

State houses in Iowa, Missouri, Arkansas and Texas have requested copies of the legislation from Oklahoma officials due to their interest in drafting similar legislation, according to Henry's office.

Under the legislation, any customer purchasing the tablets must present photo identification that includes date of birth to the pharmacist. The customer also must "sign a written log or receipt showing the date of the transaction, name of the person, and the amount of the compound, mixture, or preparation."

The written log is required as part of a provision that limits the amount customers may purchase to 9 g every 30 days unless a valid prescription is presented.

Pharmacies have 60 days within the law's enactment to institute in-store programs that log sales of pseudoephedrine tablets, according to a notice issued by the Oklahoma Bureau of Narcotics & Dangerous Drugs Control.

The programs will track pseudoephedrine purchases in order to ensure that consumers do not exceed the 9 g/30-day limit.

The OBN says it currently is working to establish a centralized database that would connect all pharmacies to the bureau for more efficient tracking of sales. However, the tablets will be sold behind-the-counter even after the computer system is installed.

Grocery and convenience stores will have 30 days to return products "or contact law enforcement to take possession of their remaining inventory to be submitted for destruction," the OBN says.

The law classifies pseudoephedrine as a Schedule V drug in Oklahoma. The state's Uniform Controlled Dangerous Substances Act, as well as the federal Control Substances Act, establishes five categories of drugs that show potential to be abused.

A substance on the Schedule V list "has a low potential for abuse relative to the drugs or other substances in Schedule IV." A Schedule V drug also "has a currently accepted medical use in treatment" in the U.S. and abuse of the drug "may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule IV."

Starting in July 2003, all distributors and manufacturers of pseudoephedrine conducting business in Oklahoma have been required to register their businesses with the OBN.

Recently, pseudoephedrine products sold in blister packs have received much of the attention surrounding the ingredient's use in methamphetamine manufacture.

Until recently, blister packs were not subject to the 9 g per purchase limit that applies to other pseudo-ephedrine products. In March, the Drug Enforcement Administration published an interpretive rule subjecting blister packs to the same restriction (¹ Also see "DEA Rule On Pseudoephedrine Limit “At Odds” With Meth Law - CHPA" - Pink Sheet, 22 March, 2004., p. 13).

In response to the Oklahoma bill, the Consumer Healthcare Products Association said it was "very concerned" about the diversion of precursor chemicals in the manufacture of methamphetamine, but is working to make sure that consumers with a legitimate need for pseudoephedrine will still have access to it.

"Restrictions on access to safe and effective medicines for legitimate use will yield more frustration from consumers who are looking for medicine after a pharmacy is closed rather than provide an effective way to address the substance abuse problem in the country," the group said.

Additionally, CHPA noted its strategy is to educate retailers, parents, school officials, government agencies and poison control centers on the dangers of methamphetamine abuse.

Pseudoephedrine Tablets Go Behind The Counter In Oklahoma

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