10-1-40 Methamphetamine.
A. Definitions. For the purposes of this section, the following shall have the following meanings:
1. “Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine and Ephedrine” are drugs commonly used in decongestants and can be illegally processed to make Methamphetamine (Meth”) whether alone or in combination with other active ingredients.
2. “Proper Identification” shall mean a recognized government issued photo identification of a Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine purchaser, including, but not limited to, a driver’s license or passport.
B. Security of Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine, and Esphedrine Products. Any establishment that has products containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine, or Ephedrine for sale shall keep said products in an area that is inaccessible to the public to prevent the theft or uncontrolled sale of said products.
C. Quantity that May be Sold. Any establishment that has products containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine for sale shall sell no more than nine (9) grams of any product containing Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine to any individual within a thirty (30) day period. This section does not apply to Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine dispensed pursuant to a valid prescription.
D. Purchaser Identification Requirements. Any person purchasing a Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine product shall be required to present proper identification prior to being allowed to purchase such product.
E. Retail Establishment’s Right to Refuse Sale. Any retail establishment may refuse to sell any Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine product to any person if the seller has reason to believe that the product will be used in the unlawful manufacture of Meth or other controlled substance. Facts that give rise to such a belief include but are not limited to a “suspicious transaction” as defined in ARS 13-3401; the attempted purchase of Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine products in excess of the amounts permitted by Arizona law; the attempt to purchase Pseudoephedrine, Norpseudoephedrine, Phenylpropanolamine or Ephedrine in a series of transactions to circumvent the limitation on sales; or the attempt to purchase Pseudoephedrine, Norpseudoephedrine, Phenylpropanolanine or Ephedrine in conjunction with other products, such as red phosphorus or iodine known to be used in the manufacture of Meth. Any person who refuses to make a retail sale in accordance with this section is not liable to its customer or any other person for any loss or damage caused in whole or in part by the refusal to sell.
F. Penalty. Each violation of this Section shall subject the violator to a civil penalty of $1,000. ((O)05-45, 11/16/2005)