STAND

STAND. COM. REP. NO. 1540

Honolulu, Hawaii

, 2005

RE: S.B. No. 1100

S.D. 2

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1100, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PSEUDOEPHEDRINE,"

begs leave to report as follows:

The purpose of this bill is to reduce the illegal manufacturing of crystal methamphetamine by:

(1) Prohibiting a pharmacy or retailer from dispensing, selling, or distributing without a prescription more than three packages or nine grams of pseudoephedrine products;

(2) Requiring pseudoephedrine products to be dispensed, sold, or distributed:

(A) By a registered pharmacist, or a clerk or technician acting under a registered pharmacist;

(B) By a clerk from an area not accessible by customers or the general public; or

(3) Requiring purchasers of pseudoephedrine products to:

(A) Provide proper identification; and

(B) Sign a log, receipt, or other approved mechanism of the transaction;

(4) Prohibiting the purchase, receipt, or other acquisition of more than nine grams of pseudoephedrine products within any 30-day period, except for products dispensed by a valid prescription;

(5) Exempting from the sales restriction of pseudoephedrine products:

(A) Products in liquid, liquid capsule, or gel capsule form containing other active ingredients in addition to pseudoephedrine; and

(B) Other pseudoephedrine products that are not used to illegally manufacture controlled substances, as determined by the administrator of the Narcotics Enforcement Division (NED) of the Department of Public Safety (DPS);

(6) Placing pseudoephedrine on the list of Schedule V controlled substances; and

(7) Repealing the exemption of pseudoephedrine and norpseudoephedrine drugs lawfully sold over the counter from the purchaser identification, reporting, and permitting requirements of sections 329-62, 329-63, and 329-67, Hawaii Revised Statutes (HRS), relating to transactions involving regulated chemicals.

DPS, Department of the Prosecuting Attorney of the City and County of Honolulu, and a concerned individual testified in support of this bill. The Office of the Lieutenant Governor supported this measure with an amendment. The Hawaii Food Industry Association, Legislative Information Services of Hawaii, and Community Alliance on Prisons opposed this bill. Longs Drugs offered comments.

Your Committee has amended this bill by:

(1) Limiting the dispensing, sale, or distribution of pseudoephedrine products without a prescription to no more than three packages per transaction;

(2) Removing the provisions:

(A) Requiring pseudoephedrine products to be dispensed, sold, or distributed:

(i) By a registered pharmacist, or a clerk or technician acting under a registered pharmacist;

(ii) By a clerk from an area not accessible by customers or the general public; or

(iii) From a locked display case;

(B) Requiring purchasers of pseudoephedrine products to:

(i) Provide proper identification; and

(ii) Sign a log, receipt, or other approved mechanism of the transaction;

(C) Prohibiting the purchase, receipt, or other acquisition of more than nine grams of pseudoephedrine products within any 30-day period, except for products dispensed by a valid prescription;

(D) Designating pseudoephedrine as a Schedule V controlled substance; and

(E) Repealing the exemption of pseudoephedrine and norpseudoephedrine drugs lawfully sold over the counter from the purchaser identification, reporting, and permitting requirements of sections 329-62, 329-63, and 329-67, HRS, relating to transactions involving regulated chemicals;

(3) Requiring any wholesaler to report to the administrator of NED all sales of pseudoephedrine products made to any retailer; and

(4) Specifying the minimum information wholesalers must provide for all sales of pseudoephedrine products to any retailer.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1100, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1100, S.D. 2, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ SYLVIA LUKE, Chair