CHAPTER 52

FORMERLY

SENATE SUBSTITUTE NO. 1 FOR

SENATE BILL NO. 110

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 47, Title 16 of the Delaware Code by adding a new §4740 to read as follows:

Ҥ4740. Sale of Pseudoephedrine or Ephedrine.

(a) If any material, compound, mixture, or preparation containing any detectable quantity of pseudoephedrine or ephedrine, its salts or optical isomers, or salts of optical isomers is dispensed, offered for sale, sold or distributed:

(i) It shall be dispensed, offered for sale, sold, or distributed only from behind a checkout counter, pharmacy counter, or in a locked storage container where the public is not permitted.

( ii) A licensed pharmacist, sales clerk, or licensed pharmacy technician shall require that any person purchasing, receiving, or otherwise acquiring any such substance shall be age 18 or older, produce a photo identification showing the date of birth of the person, and sign a written log or receipt showing the date of the transaction, name of the person, and the amount of such substance. The written log or receipt shall be retained for at least twelve months.

(iii) No person, other than a pharmacy or retail establishment, shall purchase, receive, or otherwise acquire more than nine (9) grams of any such substance within any thirty-day period.

(b) A violation of this section is a class A misdemeanor.

Approved June 14, 2005