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Generally speaking, each state has minor differences regarding pseudoephedrine and ephedrine sales. These drugs are found in certain sinus and bronchitis medications and are also used by some manufacturers to combat allergies. This is because pseudoephedrine is a corticosteroid, a type of drug that is useful in combating diseases and failures due to the body being weak. Commonly, they are used to treat asthma, bronchitis, acne, and allergies.
Each state restricts the sale of each medication, usually limited to 3 bottles or packs within a 90-day period. Further limits affect the number of capsules and gel packets found within, individually wrapped, and counted. This does not mean that over-the-counter medication has been outlawed for those with pseudoephedrine, merely that there is a limit to their purchase.
Although this issue has been occurring for many years, it was made popular with the public with the Netflix/AMC series Breaking Bad, which brought to light different "cooks" or methods that illegal markets and organizations use to make methamphetamine (Meth). Pseudoephedrine is a vital ingredient for certain types of meth, which can be created and distributed among many territories.
The FDA announced in 2005 that they had released the Combat Methamphetamine Epidemic Act, signed on March 9, 2006, and put into the official legislature on Sept 30, 2006. The law called for comprehensive control and review of how pseudoephedrine and other related drugs are sold, distributed, and manufactured. Although the initial review included making this drug available only through prescription, there are many people within the American population who suffer from asthma, chronic sinus problems, and severe allergies. Without access to this medication, especially over the counter, it could cause fatalities and complications that could have easily been prevented.
Furthermore, those who require prescription drugs are also controlled and limited. This is because drug dealers tend to use “mules" or civilians that have been bribed or threatened to hand over the majority of their medication to drug cartels in order to boost the production of meth. While this is still an occurrence, the act has greatly reduced the amount of pseudoephedrine in circulation, which has curbed certain "cooking methods" of street meth.
At the time of release, the FDA released multiple statements alerting customers to read what is on the label. For example, certain pharmaceutical companies voluntarily removed pseudoephedrine from their solutions in order to not have to comply with the limitations, as this would hurt both the bottom and top line of their balance sheets. Certain states already concerned with drug sales within their jurisdiction were hardly affected, as their strongest policies were already in effect to control over-the-counter medications for street drugs and other problems. Florida has the harshest penalties for drug possession and trafficking.
State | Pseudoephedrine Laws |
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Alabama | No person shall deliver, sell, or purchase products sold over-the-counter that contain a combined total of more than 3.6 grams per calendar day or more than 7.5 grams per 30 days, of ephedrine base or pseudoephedrine base. The purchaser must be 18 years of age and present a valid, government-issued ID card or passport. |
Alaska | Products dispensed pursuant to prescription are not subject to purchase and possession limits. No person may purchase or possess more than 6 g of PSE, EPH or PPA per 30 days unless dispensed pursuant to a prescription |
Arizona | A retailer shall not sell to the same person, and a person shall not purchase, products containing more than 3.6 grams per day or more than 9 grams per 30- day period of ephedrine or pseudoephedrine base |
Arkansas | No more than 3 packages containing one or more products; or a single package containing more than 96 pills, tablets, gelcaps, capsules or other individual units. Purchaser must be at least 18 years old |
California | No retailer may sell in a single transaction more than 3 packages or 9 grams of a product containing EPH, PSE, NPSE or PPA |
Colorado | Purchases of EPH, PSE and PPA products are limited to 3.6 grams or a combination of two or more methamphetamine precursor drugs per person within a 24 hour period |
Connecticut | There are no state laws or regulations of OTC sales of PSE products in Connecticut. Applicable Federal laws and rules are observed |
Delaware | No more than 9 g within a 30-day period |
Florida | In any single day, a person may not knowingly obtain or deliver to an individual through an OTC (retail) sale any number of packages of a nonprescription compound, mixture, or preparation containing more than 3.6 grams of PSE/EPH/PPA |
Georgia | No person shall distribute or purchase any nonprescription product containing more than 3.6 grams of ephedrine or pseudoephedrine per day in dosage form or more than 9 grams of ephedrine or pseudoephedrine per 30 day period in dosage form of any product |
Hawaii | Products containing no more than 3.6 grams per day and 9 grams per 30 days |
Idaho | Unlawful for any retailer to knowingly sell, transfer or furnish more than 3.6 grams of PSE in a single day |
Illinois | No retail distributor operating a pharmacy, and no pharmacist or pharmacy technician, shall knowingly distribute to a single person in any 30-day period products containing more than a total of 7,500 milligrams of ephedrine or pseudoephedrine, their salts or optical isomers, or salts of optical isomers |
Indiana | Sales of products in packages containing more than 60 mg of EPH or PSE are limited to 3.6g/7.2g per transaction |
Iowa | Retailer or employee of retailer may not knowingly sell more than one package containing 3.6g of PSE to a person in a twenty-four-hour period |
Kansas | Products may only be sold or distributed in a licensed pharmacy by a licensed pharmacist, a registered pharmacy technician or a pharmacy intern or student supervised by a licensed pharmacist |
Kentucky | Consumers may not purchase more than 7.2 g of EPH, PSE or PPA in solid dose products to an individual within a 30 day period |
Louisiana | May not sell or distribute in a quantity greater than 9g of EPH, PSE, and PPA within a 30day period |
Maine | Retailer may not sell to the same person a targeted methamphetamine precursor that causes the sales to that person of targeted methamphetamine precursors within a 24-hour period to exceed 3.6 grams |
Maryland | There are no state laws or regulations of OTC sales of PSE products in Maryland. Applicable Federal laws and rules are observed |
Massachusetts | There are no state laws or regulations of OTC sales of PSE products in Massachusetts. Applicable Federal laws and rules are observed |
Michigan | May not sell more 3.6 grams of EPH or PSE alone or in a mixture to any individual on any single calendar day |
Minnesota | Single transactions limited to no more than 2 packages or 6 grams. Purchaser may not acquire more than 6 grams per 30 days |
Mississippi | May only dispensed pursuant to valid prescription of a practitioner |
Missouri | 3.6 grams per person per 24 hour period for all products without regard to the number of transactions |
Montana | Sales limited to no more than 9 grams of nonexempt PSE or EPH products per thirty days |
Nebraska | No more than 3.6 g of PSE/ PPA/EPH to be sold to or purchased by a customer per 24 hours |
Nevada | A retail distributor may not sell or transfer to the same person in the same calendar day more than 3.6 grams of EPH base |
New Hampshire | No person shall knowingly and unlawfully possess a drug product containing pseudoephedrine, or phenylpropanolamine with the intent to use the product as a precursor to manufacture methamphetamine or another controlled substance |
New Jersey | Sales of single entity and combination EPH, PSE and PPA products are limited to three packages or any number of packages that contain a total of nine grams of PSE |
New Mexico | purchases are limited to 3.6 grams per day and no more than 9 grams per 30 days |
New York | There are no state laws or regulations of OTC sales of PSE products in New York. Applicable Federal laws and rules are observed |
North Carolina | Per calendar day: No person may purchase or deliver more than 3.6 grams of any nonexempt PSE or EPH product per transaction unless sold pursuant to a prescription |
North Dakota | Sales limited to packages of no more than 2 grams of one or more scheduled listed chemical products calculated in terms of PSE base |
Ohio | No retailer or terminal distributor of dangerous drugs or their employee may sell nonexempt PSE or EPH products to anyone younger than 18 years of age unless the purchaser has a prescription for the products |
Oklahoma | May only be sold, dispensed, or distributed in a pharmacy by or under the supervision of a licensed pharmacist or registered pharmacy technician |
Oregon | A person commits the crime of unlawful distribution if the person sells or otherwise transfers EPH, PSE or PPA products in violation of board rules or more than 9 grams to a person other than a veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman or common carrier in the regular course of lawful business activities |
Pennsylvania | PSE products must be stored behind a counter where the public is not permitted |
Rhode Island | There are no state laws or regulations of OTC sales of PSE products in Rhode Island. Applicable Federal laws and rules are observed |
South Carolina | Retailer may not sell to an individual in any single day more than 3.6g of PSE |
South Dakota | No person may purchase, and no retailer may sell, in a single transaction, more than 2 packages of PSE |
Tennessee | Sales limited to 3 packages of non-exempt products or no more than 9 g of any PSE product (weight limit applies to total amount of PSE ) per 30 days |
Texas | Per=person OTC purchases are limited to 3.6 grams of PSE per calendar day and 9 grams per 30 days |
Utah | Retail distributors and mobile retail vendors must store all non-liquid scheduled listed chemical products in packaging containing blister packs, with each blister containing no more than two dosage units |
Vermont | Retailers may not knowingly sell an individual customer more than 3.6 grams PSE per 24-hours or 9 grams per 30 days |
Virginia | Pharmacy or retail distributor shall be limited to no more than 3.6 grams per day and 9 grams per 30-day period per individual customer |
Washington | No pharmacy or retail may sell in a single transaction a total of more than 3.6 grams |
West Virginia | May be sold, delivered, or provided only in licensed pharmacies, behind the pharmacy counter, by a pharmacist, registered pharmacy intern, or registered pharmacy technician |
Wisconsin | May not sell more than 4 ounces per 48 hours of a product containing PSE |
Wyoming | Retail sale of nonexempt PSE products are restricted to packages containing no more than 3 grams of one |