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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 430
S.P. 575 - L.D. 1601

An Act To Prevent the Manufacturing of Methamphetamine in Maine

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 17-A MRSA §1101, sub-§4-A is enacted to read:

     4-A. "Methamphetamine precursor drug" means any drug or product possessed by a person that contains in the aggregate a quantity of more than 9 grams of ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients, in dry or solid nonliquid form.

     Sec. 2. 17-A MRSA §1102, sub-§4, ¶D, as enacted by PL 1987, c. 747, §2, is amended to read:

     Sec. 3. 17-A MRSA §1102, sub-§4, ¶E is enacted to read:

     Sec. 4. 17-A MRSA §1107-A, sub-§3, as enacted by PL 2003, c. 61, §7, is repealed and the following enacted in its place:

     3. It is an affirmative defense to prosecution under this section that:

     Sec. 5. 22 MRSA c. 556 is enacted to read:

CHAPTER 556
MAINE METH WATCH PROGRAM

§2351. Maine Meth Watch Program

     1. Establishment; purpose. The Office of Substance Abuse shall establish the Maine Meth Watch Program to educate retailers, retail employees and the public in order to help curtail suspicious sales and the theft of methamphetamine precursor drugs as defined in Title 17-A, section 1101, subsection 4-A and to identify the location of illicit methamphetamine manufacturing.

     2. Rulemaking. The Office of Substance Abuse may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

     Sec. 6. 32 MRSA §13702, sub-§25-B is enacted to read:

     25-B. Targeted methamphetamine precursor. "Targeted methamphetamine precursor" means any product containing any amount of ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients:

     Sec. 7. 32 MRSA §13795, as amended by PL 1997, c. 437, §46, is further amended to read:

§13795.   Photographic proof of identification; discretion to sell or dispense; immunity

     1. Photographic proof of identification. As a precondition to filling any prescription or, dispensing any drug or selling any targeted methamphetamine precursor, a pharmacist or person acting at the direction of a pharmacist may demand, inspect and record proof of identification, including valid photographic identification, from any patient presenting a prescription or any person acting on behalf of the patient or person purchasing a targeted methamphetamine precursor. Valid photographic identification includes but is not limited to the following:

     2. Refusal to fill prescription, dispense drug or sell targeted methamphetamine precursor; law enforcement reporting. A pharmacist or person acting at the direction of a pharmacist may exercise discretion and refuse to fill any prescription or, dispense any drug or sell any targeted methamphetamine precursor if unsatisfied as to the legitimacy or appropriateness of any prescription presented, the validity of any photographic identification or the identity of any patient presenting a prescription or any person acting on behalf of the patient, or the intention of the customer to use the drug or targeted methamphetamine precursor according to the instructions for use. A pharmacist or person acting at the direction of a pharmacist may make a report to a law enforcement agency when that person has reasonable cause to suspect that a prescription is not legitimate or appropriate, that a person has presented photographic identification that is not valid or that a customer has the intention to use a drug or targeted methamphetamine precursor in a manner inconsistent with the instructions for use.

     3. Immunity; presumption of good faith. A pharmacist or person acting at the direction of a pharmacist who in good faith and pursuant to subsection 2 refuses to fill any prescription, dispense any drug or sell any targeted methamphetamine precursor or who makes a report to a law enforcement agency is immune from any civil liability that might otherwise result from that action, including, but not limited to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith.

     4. Record keeping. With regard to purchases of targeted methamphetamine precursors, a pharmacy may keep a log of information about the purchaser, which may include name, date of birth, address and amount of targeted methamphetamine precursors purchased.

     5. Rulemaking. The Director of the Office of Substance Abuse within the Department of Health and Human Services may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

     Sec. 8. 32 MRSA §13796 is enacted to read:

§13796.   Retail sale of targeted methamphetamine precursors

     1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

     2. Restrictions on packaging. The following restrictions apply to packaging targeted methamphetamine precursors.

     3. Restrictions on the sale of targeted methamphetamine precursors. The following restrictions on location in the retail store, manner of sale and amount of sale apply to sales of targeted methamphetamine precursors.

     4. Exceptions. The provisions of this section do not apply to a targeted methamphetamine precursor that is obtained by prescription or by sale or transfer in the regular course of lawful business to a veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouse operator or common carrier or an agent of that person or entity.

     Sec. 9. Maine Meth Watch Program. In establishing the Maine Meth Watch Program under the Maine Revised Statutes, Title 22, chapter 556, the Department of Health and Human Services, Office of Substance Abuse shall use the national effort known as "Meth Watch" first begun in Kansas as a public-private partnership.

     Sec. 10. Effective date. This Act takes effect November 1, 2005.

Effective November 1, 2005.

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