HOUSE OF REPRESENTATIVES

H.R. NO.

170

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

REQUESTING THE department of public safety to REVIEW AND consider whether the exception of pseudoephedrine from the reporting, recordkeeping, and permit requirements generally applicable to list 1 chemicals should be repealed.

 

 

WHEREAS, pseudoephedrine is an active ingredient in over-the-counter drugs like Sudafed, but is being purchased and misused by some segments of the community to manufacture the illegal substance crystal methamphetamine; and

WHEREAS, under the Uniform Controlled Substances Act, pseudoephedrine is classified as a list 1 chemical, which is a substance that is a regulated chemical for the manufacture of a controlled substance; and

WHEREAS, methamphetamine is classified as a Schedule II controlled substance, which is a substance that has a high degree of danger or probable danger, and Schedule II substances are in turn deemed dangerous drugs under the Hawaii Penal Code such that possession amounts to a felony; and

WHEREAS, list 1 chemicals are generally subject to certain reporting, recordkeeping, and permit requirements administered by the Department of Public Safety; and

WHEREAS, these requirements expressly do not apply to the sale of any drug that contains pseudoephedrine and that is lawfully sold over the counter without a prescription pursuant to the federal Food, Drug, and Cosmetic Act or the regulations adopted under that Act; and

WHEREAS, restrictions and controls on the purchase of pseudoephedrine would make it more difficult for manufacturers of crystal methamphetamine to make the illegal drug and would assist law enforcement in tracking and eventually capturing such manufacturers; and

WHEREAS, the Department of Public Safety is statutorily mandated to make an annual report to the Legislature of any additions, deletions, or revisions in the schedules of controlled substances and any other recommendations that it deems necessary; and

WHEREAS, one such recommendation should include possible changes to the exception of pseudoephedrine from the reporting, recordkeeping, and permit requirements generally applicable to list 1 chemicals; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, that the Department of Public Safety is requested to review and consider whether the Legislature should repeal the exception of pseudoephedrine from the reporting, recordkeeping, and permit requirements generally applicable to list 1 chemicals; and

BE IT FURTHER RESOLVED that the Department of Public Safety is requested to submit its findings and recommendations to the Legislature prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that the Narcotics Enforcement Division of the Department of Public Safety is requested to work with retailers of pseudoephedrine items in educating employees on the products used to manufacture crystal methamphetamine, with the goal of securing the retailer's voluntary support in enforcing methamphetamine laws; and

BE IT FURTHER RESOLVED that the Narcotics Enforcement Division of the Department of Public Safety is requested to conduct workshops with retailers, developing a "train the trainer" program following the example of the Kansas Project, which has become a model program for retailers of pseudoephedrine products and other items used to manufacture crystal methamphetamine, such as chemicals, solvents, glassware, or other apparatuses; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Public Safety, the Governor, the Lieutenant Governor, and the Chief of the respective county police departments.

 

 

Report Title:

Pseudoephedrine