Senate Bill No. 8

Introduced By hargrove

By Request of the Joint Oversight Committee on Children and Families



A Bill for an Act entitled: An Act including ephedrine in the schedule IV list of dangerous drugs; and amending section 50-32-229, MCA.



WHEREAS, the Legislature finds it appropriate to address the availability and sale of "look-alike" or "act-alike" drugs, which are over-the-counter substances that both look and act like illegal stimulants; and

WHEREAS, the Legislature considers "look-alike" or "act-alike" drugs to be dangerous because those drugs not only have an effect on the body similar to illegal stimulants, such as amphetamines, but they are relatively inexpensive and readily available for purchase by anyone of any age; and

WHEREAS, ephedrine is an over-the-counter stimulant drug sold primarily in convenience stores and truck stops as a bronchodilator in the treatment of asthma, but it is also a drug with a history of abuse and growing misuse among young people; and

WHEREAS, ephedrine is the primary ingredient in the illicit manufacture of a Schedule II prescription drug, methamphetamine, and an illegal and highly addictive drug, methcathinone; and

WHEREAS, the Legislature finds it appropriate to place single entity ephedrine products in the schedule of dangerous drugs to limit their sale to legitimate, medically related prescription sale only.



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 50-32-229, MCA, is amended to read:

"50-32-229.   Specific dangerous drugs included in Schedule IV. Schedule IV consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.

(1)  Narcotic drugs. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs or its salts calculated as the free anhydrous base or alkaloid in the following limited quantities:

(a)  not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; and

(b)  dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).

(2)  Depressants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(a)  alprazolam;

(b)  barbital;

(c)  bromazepam;

(d)  camazepam;

(e)  chloral betaine;

(f)  chloral hydrate;

(g)  chlordiazepoxide;

(h)  clobazam;

(i)  clonazepam;

(j)  clorazepate;

(k)  clotiazepam;

(l)  cloxazolam;

(m)  delorazepam;

(n)  diazepam;

(o)  estazolam;

(p)  ethchlorvynol;

(q)  ethinamate;

(r)  ethyl loflazepate;

(s)  fludiazepam;

(t)  flunitrazepam;

(u)  flurazepam;

(v)  halazepam;

(w)  haloxazolam;

(x)  ketazolam;

(y)  loprazolam;

(z)  lorazepam;

(aa) lormetazepam;

(bb) mebutamate;

(cc) medazepam;

(dd) meprobamate;

(ee) methohexital;

(ff) methylphenobarbital (mephobarbital);

(gg) midazolam;

(hh) nimetazepam;

(ii) nitrazepam;

(jj) nordiazepam;

(kk) oxazepam;

(ll) oxazolam;

(mm) paraldehyde;

(nn) petrichloral;

(oo) phenobarbital;

(pp) pinazepam;

(qq) prazepam;

(rr) quazepam;

(ss) temazepam;

(tt) tetrazepam; and

(uu) triazolam.

(3)  Fenfluramine. Any material, compound, mixture, or preparation that contains any quantity of the following substance, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible:

(a)  fenfluramine.

(4)  Stimulants. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(a)  cathine;

(b)  diethylpropion;

(c)  fencamfamin;

(d)  fenproporex;

(e)  mazindol;

(f)  mefenorex;

(g)  pemoline, including organometallic complexes and chelates thereof;

(h)  phentermine;

(i)  pipradrol; and

(j)  SPA ((-)-1-dimethylamino-1,2-diphenylethane).

(5)  Ephedrine.

(a) Except as provided in subsection (5)(b), any material, compound, mixture, or preparation that contains any quantity of ephedrine having a stimulant effect on the central nervous system, including its salts, enantiomers (optical isomers), and salts of enantiomers (optical isomers) when ephedrine is the only active medicinal ingredient or is used in combination with therapeutically insignificant quantities of another active medicinal ingredient.

(b) Ephedrine does not include materials, compounds, mixtures, or preparations labeled in compliance with the Dietary Supplement Health and Education Act of 1994, 21 U.S.C. 321, et seq., that contain only natural ephedra alkaloids or extracts of natural ephedra alkaloids.

(6) Other substances. Unless specifically excepted or listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts:

(a)  pentazocine."

-END-