71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3661
 
LC 4028/HB 3661-6
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3661
 
                    By COMMITTEE ON JUDICIARY
 
                              May 2
 
  On page 2 of the printed bill, delete line 28 and insert:
  ' (kk) Red phosphorus, white phosphorus, yellow phosphorus or
hypophosphorus acid and its salts.'.
  On page 3, line 16, after 'ephedrine' insert a comma and delete
'or' and after 'pseudoephedrine' insert 'or phenylpropanolamine'.
  In line 21, delete 'a precursor substance' and insert ' methyl
sulfonyl methane'.
  In line 28, delete 'red'.
  In line 29, delete 'red'.
  In line 31, delete 'red'.
  In line 36, delete 'red'.
  In line 42, delete 'red'.
  In line 43, delete 'or'.
  In line 44, delete 'red'.
  In line 45, delete the period and insert '; or
  ' (e) A person who possesses phosphorus in a chemical compound
in the regular course of a lawful agricultural activity.'.
  On page 4, line 1, delete 'red'.
  In line 3, after 'not' delete the rest of the line and line 4
and insert 'approved by the United States Department of
Transportation to hold anhydrous ammonia nor constructed to meet
state and federal health and safety standards to hold anhydrous
ammonia.'.
  After line 5, insert:
  ' (3) This section does not apply to a person who possesses
anhydrous ammonia as part of a cleanup, as defined in ORS
466.605, of anhydrous ammonia by the Department of Environmental
Quality under ORS 466.610.'.
  In line 6, delete 'paragraph (b)' and insert 'paragraphs (b)
and (c)'.
  In line 7, after 'ephedrine' insert a comma and delete ' or'
and after 'pseudoephedrine' insert 'or phenylpropanolamine'.
  In line 8, delete '12' and insert 'nine' and after ' ephedrine'
insert a comma and delete 'or' and after ' pseudoephedrine'
insert 'or phenylpropanolamine'.
  In line 9, after 'ephedrine' insert a comma and delete the
first 'or' and after 'pseudoephedrine' insert 'or
phenylpropanolamine'.
  After line 13, insert:
  ' (c) Paragraph (a) of this subsection does not apply to a
person in possession of less than 24 grams of ephedrine,
pseudoephedrine or phenylpropanolamine, or the salts, isomers or
salts of isomers of ephedrine, pseudoephedrine or
phenylpropanolamine, in the home or residence of the person under
circumstances that are consistent with typical medicinal or
household use, as indicated by factors that include but are not
limited to storage location, purchase date, possession of the
products in a variety of strengths, brands, types or purposes and
expiration date. The exception under this paragraph does not
 
apply if the substances, in excess of nine grams, were all
purchased within a period of seven consecutive days.'.
  Delete line 14 and insert:
  ' (2)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person commits the crime of unlawful distribution
of ephedrine, pseudoephedrine or phenylpropanolamine'.
  In line 15, delete '12' and insert 'nine' and after '
ephedrine' insert a comma and delete 'or'.
  In line 16, after the first 'pseudoephedrine' delete the rest
of the line and insert 'or phenylpropanolamine, the salts,
isomers or salts of isomers of ephedrine, pseudoephedrine or
phenylpropanolamine or'.
  Delete lines 20 through 27 and insert:
  ' (b) Paragraph (a) of this subsection does not apply to
pediatric products primarily intended for administration,
according to label instructions, to children under 12 years of
age, either:
  ' (A) In solid dosage form when individual dosage units do not
exceed 15 milligrams of ephedrine, pseudoephedrine or
phenylpropanolamine; or
  ' (B) In liquid form when recommended dosage units, according
to label instructions, do not exceed 15 milligrams of ephedrine,
pseudoephedrine or phenylpropanolamine per five milliliters of
liquid product.
  ' (c) Paragraph (a) of this subsection does not apply to
pediatric products in liquid form that are primarily intended for
administration to children under two years of age for whom the
recommended dosage does not exceed two milliliters and that have
a total package content of not more than one fluid ounce.
  ' (3) This section does not apply to products that the State
Board of Pharmacy, upon application of a manufacturer, exempts by
rule because the product is formulated to effectively prevent
conversion of the active ingredient into methamphetamine or its
salts or precursors. Upon notification from the Department of
State Police that the department has probable cause to believe
that a product exempted under this subsection does not
effectively prevent conversion of the active ingredient into
methamphetamine or its salts or precursors, the State Board of
Pharmacy may issue an emergency rule revoking the exemption for
the product pending a full hearing.'.
  In line 30, after 'occurring' delete the rest of the line and
line 31 and insert 'ephedrine alkaloids'.
  In line 32, delete 'these substances'.
  In line 34, after 'ephedrine' insert a comma and delete ' or'
and after 'pseudoephedrine' insert 'or phenylpropanolamine'.
  In line 35, after 'ephedrine' insert a comma and delete ' or'
and after 'pseudoephedrine' insert 'or phenylpropanolamine'.
  In line 45, delete the second 'or'.
  On page 5, line 2, after the semicolon insert 'or
  ' (C) Manufacturing, government agency or research facility in
the course of lawful business activities;'.
  In line 24, after the semicolon delete 'or'.
  In line 26, after the semicolon insert 'or
  ' (C) Manufacturing, government agency or research facility in
the course of lawful business activities;'.
  In line 44, after 'to' insert 'a person other than'.
  On page 6, line 36, delete '6 (3),'.
  On page 7, line 32, delete '6,'.
                         ----------