50-32-501. Restricted possession, purchase, or other transfer of ephedrine or pseudoephedrine -- exceptions -- penalties . (1) Except as provided in subsection (2), a person may not purchase, receive, or otherwise acquire more than 9 grams of any product, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, any of their salts or optical isomers, or salts of optical isomers within any 30-day period.
     (2) This section does not apply to any quantity of a product, mixture, or preparation dispensed pursuant to a valid prescription or as provided in 50-32-502.
     (3) Possession of more than 9 grams of a drug product containing any detectable quantity of ephedrine, pseudoephedrine, their salts or optical isomers, or salts of optical isomers constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance.
     (4) The rebuttable presumption in subsection (3) does not apply to:
     (a) a retail distributor of drug products;
     (b) a wholesale drug distributor, or its agents, licensed by the board of pharmacy;
     (c) a manufacturer of drug products or its agents;
     (d) a pharmacist licensed by the board of pharmacy; or
     (e) a licensed health care professional possessing the drug products in the course of carrying out the profession.
     (5) A person who knowingly or negligently violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 1 year.

     History: En. Sec. 1, Ch. 572, L. 2005.