The Governing Body of the City of Iola has found the manufacture, transportation, possession and sale of methamphetamine to be inherently dangerous and that the chemical precursors of methamphetamine and the byproducts and wastes of methamphetamine production are inherently dangerous and injurious to the public health, safety and welfare of the citizens of the city. Regulation of the sale of the chemical precursors to methamphetamine productions, such as ephedrine products and pseudoephedrine products, is necessary to protect the citizens of the city.

(Ord. 3432, § 1, 6-17-14; Code 2016, Sec. 62-31)

(a)   For the purposes of the article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(1)   Ephedrine. All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.

(2)   Methamphetamine precursor drug. Any drug or substance used to manufacture methamphetamine that contains pseudoephedrine or ephedrine.

(3)   Package. Any number of pills, tablets, capsules, caplets or individual units of a substance held within a container intended for sale.

(4)   Person. Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity.

(5)   Pseudoephedrine. All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.

(6)   Sell. To knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.

(Ord. 3432, § 2, 6-17-14; Code 2016, Sec. 62-32)

It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine, and pseudoephedrine or ephedrine containing products, their salts, their optical isomers or salts of their optical isomers except as set forth in the specific exceptions contained in section 11-404.

(Ord. 3432, § 3, 6-17-14; Code 2016, Sec. 62-33)

(a)   Ephedrine, pseudoephedrine and pseudoephedrine or ephedrine containing products, their salts, their optical isomers or salts of their optical isomers may be sold by a Kansas licensed pharmacist after being authorized to do so by a prescription from a physician or other healthcare professional licensed by the State of Kansas or any other state to write prescriptions.

(b)   Ephedrine, pseudoephedrine and pseudoephedrine or ephedrine containing products, their salts, their optical isomers or salts of their optical isomers may be distributed by a licensed physician within the physician’s office, or any clinic, nursing home or other licensed healthcare facility upon the orders of a physician or other healthcare professional licensed by the State of Kansas or other state to write prescriptions.

(c)   This section regulating ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra.

(Ord. 3432, § 4, 6-17-14; Code 2016, Sec. 62-34)

It shall be prima facie proof that a substance is regulated by this section if the substance is contained in its original packaging and is labeled as being or containing ephedrine or pseudoephedrine.

(Ord. 3432, § 5, 6-17-14; Code 2016, Sec. 62-35)

(a)   All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall be reported to the Police Department of the City of Iola within 24 hours of discovery.

(b)   Any person selling ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the Police Department of the City of Iola within 24 hours of discovery.

(Ord. 3432, § 6, 6-17-14; Code 2016, Sec. 62-36)

Every act or omission constituting a violation of any of the provisions of this article by any agent or employee of any person shall be deemed and held to be an act of such person, and said person shall be punishable in the same manner as if said act or omission had been done or omitted by him/her or it personally, provided such as act or omission was within the scope of employment or the scope of authority of such agent or employee. Each such violation of this article shall be considered a separate offense. Violation of this article shall be punished by a fine of up to $25.00 and the violation shall be reported to the State Board of Pharmacy.

(Ord. 3432, § 7, 6-17-14; Code 2016, Sec. 62-37)