The proposed methamphetamine ordinance proposed by city officials reads as follows:
Bill No. 2013.11.07
An ordinance to amend City of Ava, Missouri Code of ordinances Chapter 62 offenses and miscellaneous provisions Article IV. Offenses relating to alcoholic beverages or drugs.
By adding Section 62.110 Prohibition of sale of methamphetamine precursor drugs, Section 62.111 Exceptions, Section 62.112 Prima Facie Evidence, Section 62.113 Reporting Theft of Methamphetamine Precursor drugs, Section 62.114 Violations and penalties
WHEREAS, The Board of Aldermen of the City of Ava has found the manufacture, transportation, possession and sale of methamphetamine to be inherently dangerous and that the chemical precursors of methamphetamine and the byproducts and wastes of methamphetamine production are inherently dangerous and injurious to the public health, safety and welfare of the citizens of the city. Regulation of the sale of the chemical precursors to methamphetamine production, such as ephedrine products and pseudoephedrine products, is necessary to protect the citizens of the city.
Therefore, be it ordained by the Board of Aldermen of the City of Ava, Missouri, as follows:
Section 110 Prohibition of Sale of Methamphetamine Precursor Drugs
Definitions – For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
EPHEDRINE: All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.
PSEUDOEPHEDRINE: All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.
METHAMPHETAMINE PRECURSOR DRUG: Any drug or substance as described in RSMo § 195.246 or 195.248.
PERSON: Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity.
SELL: To knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.
Section 111 Exceptions
It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine or any other methamphetamine precursor drugs except as set forth in the specific exceptions contained in this article.
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be sold by a Missouri licensed pharmacist after being authorized to do so by a written prescription from a physician or other healthcare professional licensed by the State of Missouri to write prescriptions.
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be distributed by a licensed physician within the physician’s office, clinic, nursing home or other licensed healthcare facility.
This section regulating ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra.
Section 112 Prima Facie Evidence
It shall be prima facie proof that a substance is regulated by this section if the substance is contained in its original packaging and is labeled as being ephedrine, pseudoephedrine or other methamphetamine precursor drugs.
Section 113 Reporting Theft of Methamphetamine Precursor Drugs
All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall be reported to the police department of the city within twenty-four (24) hours of discovery.
Any person selling ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the police department of the city within twenty-four (24) hours of discovery.
Section 114 Violations and Penalities
Any person who violates any provision of this Chapter shall be deemed guilty of a misdemeanor and shall be punishable according to City Code Section __. Every day any violation of this ordinance or any such rule, regulation, notice or order shall constitute a separate offense.