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By the Center for
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Model Legislation

Public Safety and Elections

Methamphetamine Reduction Act

Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

To respond to the illegal production, distribution, and use of methamphetamine, and for
other purposes.

Model Legislation

TITLE I: PRECURSOR DIVERSION

Section 101. {Restrictions on the Sale and Distribution of
Methamphetamine Precursors}

A. No retail establishment or individual shall transfer, sell, deliver or provide more than
three (3) packages or nine (9) grams of pseudoephedrine base product in a single
transaction.

1. This section does not apply to pediatric products primarily intended for administration,
according to label instructions, to children under 12 years of age, either:

--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

i. In solid dosage form when individual dosage units do not exceed 15 milligrams of
ephedrine, pseudoephedrine or phenylpropanolamine; or

ii. In liquid form when recommended dosage units, according to label instructions, do not
exceed 15 milligrams of ephedrine, pseudoephedrine or phenylpropanolamine per five
milliliters of liquid product; or

iii. In liquid form that are primarily intended for administration to children under two
years of age for whom the recommended dosage does not exceed two milliliters and that
have a total package content of not more than one fluid ounce.

B. The retail sale of nonliquid methamphetamine precursor drugs is limited to:

1. Sales in packages containing not more than a total of three grams of pseudoephedrine
or ephedrine base;

2. Sales in blister packs, each blister containing not more than two dosage units, or when
the use of blister packs is technically infeasible, sales in unit dose packets or pouches.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

C. Any retail establishment, not currently licensed/registered by the [pharmacy licensing
board], which sells pseudoephedrine product(s) shall submit a notice of intent to sell with
the appropriate state designated agency indicating the establishment’s intent to sell
pseudoephedrine products.

D. A person is guilty of unlawful distribution of a methamphetamine precursor when he
knowingly and unlawfully sells, transfers, distributes, or dispenses any product containing
ephedrine, pseudoephedrine or phenylpropanolamine, if the person knows that the
purchaser will use the product as a precursor to methamphetamine or another controlled
illegal substance or if the person sells, transfers, distributes or dispenses the product with
reckless disregard as to how the product will be used.

1. Unlawful distribution of a methamphetamine precursor is a [class #] felony for the first
offense and a [class ##] felony for the second or subsequent offense.

Section 102. {Possession of Methamphetamine Precursors}

A. A person is guilty of unlawful possession of a methamphetamine precursor when he
knowingly and unlawfully possesses a product containing ephedrine, pseudoephedrine or
phenylpropanolamine with intent to use the product as a precursor to methamphetamine
or another controlled substance.

B. Except as provided herein, possession of one or more products containing more than
twenty-four (24) grams of ephedrine, pseudoephedrine or phenylpropanolamine, or their
salts, isomers or salts of isomers, in addition to one or more items of methamphetamine
paraphernalia, shall constitute prima facie evidence [or a rebuttable presumption] of the
intent to use the product as a precursor to methamphetamine or another controlled
substance. The prima facie evidence [or rebuttable presumption] established by this
subsection B shall not apply to the following persons who are lawfully in possession of the
identified drug products in the course of legitimate business:

1. A retail distributor of the drug products in subsection B [possessing a valid business
license] or wholesaler;

2. A wholesale drug distributor, or its agents, licensed by the [pharmacy licensing board];

3. A manufacturer of drug products in subsection B, or its agents, licensed by the
[pharmacy licensing board];

4. A pharmacist licensed by the [pharmacy licensing board];

5. A licensed healthcare professional possessing the drug products in subsection B in the
course of carrying out his profession.

C. Unlawful possession of a methamphetamine precursor is a [class #] felony for the first
offense and a [class ##] felony for the second or subsequent offense.
Section 103. {Application to Political Subdivision of State}
This Title is applicable and uniform throughout this state and in all counties, cities and
towns therein. A county, city or town may not adopt or enforce any ordinance,
pertaining to this Title, which prohibits conduct that is not prohibited under this chapter,
or defining violations or penalties different from those provided under this chapter.
However, this section does not preclude a county, city or town from revoking, canceling,
suspending, or otherwise limiting a business or professional license it has issued for
conduct that violates any provision of this chapter.

TITLE II: “METHAMPHETAMINE WATCH” PROGRAM

Section 201. {Methamphetamine Watch}

A. The legislature of the [state/commonwealth] of [state/commonwealth] finds that:

1. “Meth Watch” is a voluntary program started in Kansas as a public-private partnership

in 2001; and

Exposed

By the Center for
Media and Democracy
www.prwatch.org

2. The program’s goals are: to engage retailers, law enforcement, state and local
agencies, and other key partners to reduce the diversion of precursor products for illicit
manufacturing of methamphetamine; to increase community awareness about
methamphetamine; and to assist local communities in addressing the methamphetamine
problem; and

3. Since implementation, Kansas has reported the following benefits: reduction in the
number of methamphetamine labs; unifying communities while working to reduce drugs
in society, safer stores, reduced losses due to theft of precursor products, and better
relations between law enforcement and retail entities.

B. Authorization of Meth Watch Program:

1. The [agency] shall develop and maintain a program to inform retailers about the
methamphetamine problem in [state/commonwealth] and devise procedures and forms
for retailers to use in reporting to the “agency” suspicious purchases, thefts or other
transactions involving any products under the retailer’s control that contain a regulated
precursor under the provisions of this Act including, but not limited to over-the-counter,
nonprescription pseudoephedrine products.

2. Reporting by retailers as required by this section shall be voluntary.

3. Retailers participating in the Meth Watch program and reporting information to the
[agency] in good faith pursuant to this section shall be immune from civil and criminal
liability for a violation of this title.

4. An appropriation of $[enter amount] is authorized for FY [enter effective fiscal year] to
implement the Meth Watch program.

TITLE III: ENVIRONMENTAL PROTECTION

Section 301. {Response to Environmental Hazards Associated with Illegal
Manufacture of Methamphetamine: Guidelines}

A. The [department of health / department of public safety] shall develop guidelines for
the clean up of former clandestine methamphetamine drug labs by [insert date].

B. The guidelines shall be made available on the [department of health / department of
public safety] Internet Web site and shall be available to law enforcement officials and the
public upon request.

C. The guidelines shall be reviewed and updated annually.

Section 302. {Grants to Cities and Counties}

A. The [department of health / department of public safety] shall implement a grant
program to assist local communities in their efforts to contain and clean-up clandestine
methamphetamine laboratories and to preserve evidence for criminal trials.

B. The [commissioner of health / commissioner of public safety] is the fiscal agent for the
grant program and is responsible for receiving applications for grants and awarding
grants under this section. Priority must be given to applicants with high incidences of
clandestine methamphetamine lab operations in the applicant's narcotics task force area
relative to the area's population.

C. Procedures for Grant Application:

1. A city or county may apply for a grant under this section by submitting an application

Exposed

By the Center for
Media and Democracy
www.prwatch.org

to the [commissioner of health / commissioner of public safety] on a form prescribed by
the [commissioner].

2. To be eligible for a grant under this section, a city or county must:

i. Have a full-time fire and police service;

ii. Designate a methamphetamine lab containment team consisting of at least one police
officer and one fire fighter;

iii. Have on staff at least two police officers trained by the federal Drug Enforcement
Agency in methamphetamine lab containment and evidence collection. If a city or
county does not have two officers with the training, it must agree to obtain training for at
least two officers;

iv. Submit a plan for use of the grant funds that addresses how the city or county will
evaluate and report on the activities of the methamphetamine lab containment team.

3. A grant awarded under this section may be used for any methamphetamine lab
containment team activities or expenditures including personnel costs, equipment, travel,
and training.

Section 303. {Appropriation} An appropriation of $[enter amount] is authorized for
FY [enter effective fiscal year] from the general fund to the [commissioner of health /
commissioner of public safety] for grants under section 301 and section 302.

SECTION IV: EDUCATION, PREVENTION AND TREATMENT

Section 401. {Grants for educational programs on prevention and
treatment of methamphetamine abuse}

A. The [state/commonwealth department of health / department of health and human
services] shall implement a grant program to fund programs that educate communities,
particularly parents, teachers, and others who work with youth, concerning the early
signs and effects of methamphetamine use. However, as a prerequisite to receiving
funding, these programs shall:

1. Prioritize methamphetamine prevention and education;

2. Have past experience in community coalition building and be part of an existing
coalition that includes medical and public health officials, educators, youth-serving
community organizations, and members of law enforcement;

3. Utilize professional prevention staff to develop research and science-based prevention
strategies for the community to be served;

4. Demonstrate the ability to operate a community-based methamphetamine prevention
and education program;

5. Establish prevalence of use through a community needs assessment;

6. Establish goals and objectives based on a needs assessment; and

7. Demonstrate measurable outcomes on a yearly basis.

B. An appropriation of $[enter amount] is authorized for FY [enter effective fiscal year]
from the general fund to the [commissioner of health / commissioner of health and
human services] for grants under section 401.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

Section 402. {Methamphetamine Treatment Funding for Children and
Adults}

A. The [commissioner of health / commissioner of health and human services] may make
grants to counties and cities and to nonprofit private entities for the purpose of providing
treatment for methamphetamine abuse, subject to subsection B.

B. In addition to the purpose described in subsection A, a grant under such subsection
may be expended to treat children for any adverse health condition resulting from a
qualifying methamphetamine-related exposure.

C. For the purpose of this section:

1. The term “children” means individuals who are under the age of 18.

2. i. The term “qualifying methamphetamine-related exposure”, with respect to children,
means exposure to methamphetamine or other harmful substances as a result of the
proximity of the children to the process of manufacturing methamphetamine or the
proximity of the children to associated contaminated matter.

ii. The term “associated contaminated matter”, with respect to the process of
manufacturing methamphetamine, means food, water, air, soil, equipment, or other
matter that is contaminated with methamphetamine or other harmful substances as a
result of the proximity of the matter to such process.

D. Appropriations:

1. For the purpose of carrying out this section, an appropriation of $[enter amount] is
authorized for FY [enter effective fiscal year].

2. Of the amount appropriated under paragraph 1 of subsection D for a fiscal year, not
less than $[enter amount] shall be reserved for carrying out this section with respect to
children.

Section 403. {Child Endangerment}

A. A person who knowingly allows a child to be present within a structure where
methamphetamine is being manufactured, is presumed to have neglected the child so as
to adversely affect the child’s health and welfare.

B. A violation of subsection A is a [class #] felony if the child is over six (6) years of age.

C. A violation of subsection A is a [class ##] felony if the child is six (6) years of age or
less.

Adopted by the Criminal Justice Task Force at the States and Nation Policy Summit,
December 4, 2004. Approved by the ALEC Board of Directors June 13, 2005.

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