|
The committee on Mental Health & Substance Abuse to whom was referred the petition (accompanied by bill, Senate, No. 1140) relative to controlling the use of methampetamine, reported, recommeding that the same ought to pass, with an amendment substituting a new draft with the same title (Senate, No. 2183). Steven A. Tolman, |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
Chapter 94C as appearing in the 2004 Official Edition is hereby amended by inserting after section 5 the following section:-
Section 5A. (a) A pharmacy or retailer shall not dispense, sell or distribute, without a prescription, more than 9 grams, per transaction, of any product, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts, optical isomers, or salts of optical isomers, as the only active ingredient or in combination with other active ingredients.
(b) No pharmacy or retailer shall dispense, sell or distribute without a prescription any product containing pseudoephedrine, its salts, optical isomers, or salts of optical isomers, as the only active ingredient unless:
(1) such product is dispensed, sold or distributed from an area that is not accessible by customers or the general public, such as behind the counter or in a locked display case;
(2) such product is dispensed, sold or distributed by an employee 18 years of age or older, who has received instruction from their employer, or a manager or supervisor authorized by their employer, on how to dispense, sell, or distribute such product in accordance with the provisions of this section, and who certifies in writing that they have received such instruction and are aware of the requirements imposed upon them;
(3) anyone purchasing, receiving or otherwise acquiring such product shall be required to produce photo identification showing the date of birth of such person and to sign a written or electronic log showing the date of the transaction, name of the person acquiring the product, and the name and amount of such product being purchased, received or otherwise acquired.
i. The log shall include the following statement: “NOTE: PENALTY FOR PERJURY – Any statement provided hereon, that is willfully false in a material matter, is punishable pursuant to section 1A of chapter 268 of the Massachusetts General Laws by up to 20 years in state prison and a fine of $1,000.”
ii. A log shall be stored on the premises for at least 1 year from the date of the initial entry and shall be made available for inspection upon the request of a state or federal law enforcement or regulatory authority.
iii. A pharmacy or retailer who in good faith releases information maintained according to this section shall be immune from civil liability, unless the release constitutes gross negligence or intentional, wanton or willful misconduct.
(c) The board of registration in pharmacy, in conjunction with the commissioner of public health, shall promulgate regulations necessary to implement this section, and shall set penalties for violations of this section.
SECTION 2. Said chapter 94C is hereby further amended by inserting after section 32K the following 4 sections:-
Section 32L. Any person who knowingly or intentionally possesses an immediate precursor chemical to the manufacture of methamphetamine, with the intent to manufacture, distribute, dispense or possess methamphetamine, or who possesses or distributes an immediate precursor chemical to the manufacture of methamphetamine, knowing or having reasonable cause to believe that such immediate precursor chemical is intended for use to manufacture methamphetamine, shall be punished by imprisonment in the state prison for not more than 5 years or the house of correction for not more than 2 ½ years or by a fine of not less than $1,000 nor more than $10,000, or by both such fine and imprisonment.
For the purposes of this section, any of the following chemicals, including their isomers, esters, ethers, salts and salts of isomers, esters or ethers, whenever the existence of such isomers, esters and salts is possible within the specific chemical designation, shall constitute an immediate precursor chemical to the manufacture of methamphetamine:
(1) Acetic anhydride. (3) Ammonium nitrate. (4) Anhydrous ammonia. (8) 1,4-Butanediol. (9) 2-Butanone (Methyl Ethyl Ketone). (10) Chloroephedrine. (11) Chloropseudoephedrine. (12) Cyclohexane. (13) D-lysergic acid. (15) Ergonovine maleate. (16) Ergotamine tartrate. (17) Ethyl ether. |
(18) Ethyl Malonate. (19) Ethylamine. (20) Gamma-butyrolactone. (21) Hydriotic Acid. (22) Hydrochloric Acid. (23) Iodine. (24) Isosafrole. (25) Lithium. (26) Malonic Acid. (27) Methylamine. (28) Methyl Isobutyl Ketone. (29) N-acetylanthranilic acid. (30) N-ethylephedrine. (31) N-ethylpseudoephedrine. (32) N-methylephedrine. (33) N-methylpseudoephedrine. (34) Nitroethane. (35) Norpseudoephedrine. |
(36) Phenyl-2-propane. (40) Piperonal. (43) Pyrrolidine. (47) Sulfuric Acid. (49) Thionyl Chloride. (51) White Phosphorus. (52) Yellow Phosporus. |
Section 32M. Any person who knowingly or intentionally manufactures methamphetamine or attempts to manufacture methamphetamine in a dwelling or any other living space wherein a person under the age of 17 resides or is present shall be punished by imprisonment in the state prison for not more than 20 years or the house of correction for not more than 2 ½ years or by a fine of not less than $10,000 nor more than $25,000, or by both such fine and imprisonment. In accordance with section 8A of chapter 279, such sentence shall begin from and after the expiration of a sentence for a violation of section 32A or 32L.
If a law enforcement officer finds a minor to be living or present in a residence or any other dwelling area where a person knowingly or intentionally manufactures methamphetamine or attempts to manufacture methamphetamine, the officer may place such a minor in protective custody pursuant to section 36 of chapter 94C.
Section 32N. (a) Any person who knowingly or intentionally manufactures methamphetamine in any dwelling, building, structure or complex occupied in whole or in part for residential purposes and containing 4 or more units or in any dwelling, building or structure in which accommodations are made available to transient guests in return for a fee and containing 4 or more rooms for such accommodation shall be punished by imprisonment in the state prison for not more than 15 years or in the house of correction for not more than 2 ½ years or by a fine of not less than $5,000 nor more than $20,000, or by both such fine and imprisonment. This section shall apply to any hotel, inn, motel, apartment house, rooming house, apartment building, or a condominium building or complex having 4 or more units or rooms, whether occupied or not at the time of the violation of this section.
Section 32O. Any person who knowingly or intentionally manufactures methamphetamine or attempts to manufacture methamphetamine and as a result of the hazards posed by such manufacture or attempted manufacture thereby causes the death of or serious bodily injury to a law enforcement officer, firefighter, emergency medical technician, ambulance operator, ambulance attendant, or social worker, in the performance of such person’s official duties, shall be punished by imprisonment in the state prison for not more than 20 years or in the house of correction for not more than 2 ½ years or by a fine of not less than $10,000 nor more than $25,000, or by both such fine and imprisonment. For the purposes of this section “serious bodily injury” shall mean bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ, or creates a substantial risk of death.
SECTION 3. There is hereby established a special commission to study the need for education on methamphetamine in the commonwealth. The commission shall examine to what extent education on methamphetamine and the health hazards associated with its manufacture and use is currently offered through D.A.R.E. or other school-sponsored programs and curriculum. The commission shall be charged with evaluating options and making policy recommendations that shall address any disparities or shortcomings in existing educational outreach efforts. The commission shall consist of the following members: 3 members of the senate, 1 of whom shall be the senate chair of the joint committee on education; 1 of whom shall be the senate chair of the joint committee on mental health and substance abuse; and 1 of whom shall be appointed by the minority leader of the senate; 3 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on education; 1 of whom shall be the house chair of the joint committee on mental health and substance abuse; and 1 of whom shall be appointed by the minority leader of the house of representatives; the secretary of public safety or his designee; the commissioner of education or his designee; the commissioner of mental health or her designee; the commissioner of public health or his designee; a representative from the pharmaceutical industry who shall be appointed by the governor; and a representative of the national association of chain drug stores who shall also be appointed by the governor and the senate and house chairs of the joint committee on mental health and substance abuse shall also serve as the chairpersons of the commission. The commission shall file a report with its findings and recommendations to the joint committee on mental health and substance abuse not later than April 1, 2006.