HB 2946 - Prescriptions for Methamphetamine Chemical Precursors - West Virginia Key Vote

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Title: Prescriptions for Methamphetamine Chemical Precursors

Vote Smart's Synopsis:

Vote to pass a bill that restricts the amount of prescriptions containing active ingredients used to produce methamphetamines one can knowingly purchase, receive, or possess.

Highlights:

  • Defines the active ingredients in methamphetamines as ephedrine, pseudoephedrine, and phenylpropanolamine (Sec. 4).
  • Establishes that an individual may not knowingly possess, purchase, or receive more than the amount found in a single prescription of ephedrine, pseudoephedrine, or phenylpropanolamine unless (Sec. 3):
    • The person can provide an order from a person authorized to prescribe controlled substances explaining why the multiple prescriptions are medically necessary.
  • Specifies the following, but not limited, as an affirmative defense (Sec. 4):
    • Obtained the drug(s) containing ephedrine, pseudoephedrine or phenylpropanolamine lawfully; 
    • Possessed no more than 9 grams of ephedrine, pseudoephedrine or phenylpropanolamine in any form; and 
    • Possessed the drug(s) under circumstance that are consistent with typical medicinal or household use, as indicated by factors including but not limited to: storage location, purchase date, or possession of the product in a variety of strengths, brands, types, purposes or expiration dates.
  • Establishes that any individual in violation of the previously listed defenses can be guilty of a misdemeanor and, upon conviction, shall be confined in a jail for not more than one year, fined not more than $1,000, or both (Sec. 4).

Title: Prescriptions for Methamphetamine Chemical Precursors

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