HomeMy WebLinkAboutORD 25680 0
BILL NO. 33
ORDINANCE NO. 2568
AN ORDINANCE, SETTING LIMITATIONS ON THE SALE OF
METHAMPHETAMINE PRECURSOR DRUGS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF
IN CONFLICT HEREWITH.
WHEREAS, methamphetamine is an illegal drug that is produced using legal precursor
substances such as pseudoephedrine, which is contained in over - the - counter medicines sold in
retail outlets; and
WHEREAS, methamphetamine is produced and distributed in our communities with
negative social effects, including harm to children, families, increasing crime and property
damage; and
WHEREAS, the production of methamphetamine in illegal labs can cause significant
health and safety risks such as the danger of fire, explosion, and environmental hazards from
production byproducts; and
WHEREAS, the legislature of the State of Idaho has not enacted any laws to control the
sale of methamphetamine precursor drugs; and
WHEREAS, the City Council of the City of Caldwell, Idaho deems it to be in the best
interest of the health, safety and welfare of the citizens of the City of Caldwell, Idaho to regulate
the sale of methamphetamine precursor drugs within the City of Caldwell, Idaho;
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State
of Idaho:
Section 1. That Chapter 8 of the MUNICIPAL CODE OF THE CITY OF CALDWELL be
amended by the enactment of a new article, Article 19, including Sections 8 -19 -1 through 8 -19 -4,
as follows:
ARTICLE 19
SALE OF METHAMPHETAMINE PRECURSOR DRUGS
. SECTION:
8 -19 -1:
Definitions
8 -19 -2:
Prohibited Acts
8 -19 -3:
Accessibility of methamphetamine precursor drugs
8 -19 -4:
Penalty
8 -19 -1: Definitions: The following definitions shall apply to this Article:
(a) " Methamphetamine precursor drug(s)" shall mean and refer to any substance that is:
(i) a drug or product containing as its sole active ingredient pseudoephedrine,
phenylpropanolamine, or any of their salts, optical isomers, or salts of optical
isomers; or
(ii) a combination drug or product containing as one (1) of its active ingredients
pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or
salts of optical isomers.
(b) "Over- the - counter sales" shall mean and refer to a retail sale of a drug or product but
does not include the sale of a drug or product pursuant to the terms of a valid prescription.
(c) "Retailer" shall mean and refer to any person, corporation, partnership or other
business entity conducting business within the Caldwell City Limits who sells or
furnishes any over - the - counter drug product containing methamphetamine precursor
drugs to any person who is the ultimate user or consumer of the product.
8 -19 -2: Prohibited acts: It shall be unlawful within the incorporated limits of the city for any
retailer or employee thereof to knowingly to sell, transfer, or to otherwise furnish in single
transaction:
(a) More than three packages of any product that he or she knows to contain more than a
total weight of nine (9) grams of methamphetamine precursor drugs.
(b) A methamphetamine precursor drug to a person under the age of 18 years.
(c) The limits established in this section shall not apply to any quantity of
methamphetamine precursor drugs dispensed pursuant to a valid prescription.
8 -19 -3: Accessibility of methamphetamine precursor drugs: A business establishment that
offers for sale methamphetamine precursor drugs shall ensure that all packages of the drugs are
displayed and offered for sale only:
(a) behind a checkout counter where the public is not permitted; or
(b) inside a locked display case; and
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