Committee on Law and Criminal Justice

 

S. 1276: Methamphetamine Production Prevention Act of 2008

Background: S. 1276 was introduced by Senator Dick Durbin of Illinois and Senator Chuck Grassley of Iowa on May 3rd, 2007  and was immediately referred to Senate Committee on the Judiciary.  Representative Keith Ellison of Minnesota introduced H.R. 2747, a companion bill to S. 1276, in the House on June 15, 2007.  H.R. 2747 currently carries nineteen co-sponsors while S. 1276 currently carries fourteen co-sponsors.  This legislation revises the technical logbook requirements found in the federal Combat Methamphetamine Epidemic Act (“Combat Meth Act”). Enacted in 2006, the Combat Meth Act limits the amount of meth precursor drugs – such as pseudoephedrine – that a customer can buy and requires pharmacies to keep written or electronic logbooks recording each purchase of the drugs. S. 1276 would change the Combat Meth Act to facilitate the use of electronic logbooks instead of written logbooks and provides grants to accomplish this goal.  The legislation has been endorsed by numerous organizations, including the National Narcotics Officers’ Associations’ Coalition, the National Criminal Justice Association, the National Sheriffs' Association, the National District Attorneys Association, the Consumer Healthcare Products Association and the National Association of Chain Drug Stores.  On September 25, 2008, S. 1276 passed Senate as amended by unanimous consent and was sent to the House Judiciary Committee for consideration.  S. 1276 passed the House by unanimous consent on September 29th, 2008 without amendment. 

To view the text of this legislation, please visit: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s1276es.txt.pdf

Clarifications Regarding Signature Capture For Electronic Logbook Systems.

A seller of methamphetamine precursor substances may not sell such a product unless the purchaser:

  • Presents a government issued photo id
  • Signs the written logbook with his or her name, address, time and date of the sale
    • In the case of an electronic logbook, the device must capture the signature in an electronic format
    • In the case of a bound paper book, a printed sticker affixed to the book at the time of sale which displays the product, quantity, name of purchaser, date and address.
    • In the case of a printed document, it must include a clear line for the purchasers’ signature and include product, quantity, name of purchaser, date and address.

The seller must enter into the logbook the name of the product and the quantity sold, through bar code, electronic data capture or similar technology.  The logbook, maintained by the seller, includes purchaser’s name, address, date and time of sale.  The seller is responsible for making sure that the name entered matches ID provided.  If the seller enters the information, the prospective purchaser must verify that the information is correct.  This information may be captured through electronic means.

  • The written or electronic logbook includes a notice to purchasers that entering false statements or misrepresentations results in criminal penalties.
  • The logbook must be maintained by the seller for two years after the date of purchase.

Changes from the Original Law

S. 1276 requires different identification in order to buy meth precursor products.  The primary difference is the addition of specific instructions for electronic or barcode entering of information into the logbook.  The seller must now allow the buyer an opportunity to review the information entered in the logbook before signing (whether electronic or hand written). 

For more information, please contact Susan Parnas Frederick (Susan.Frederick@ncsl.org) or Emily Taylor (Emily.Taylor@ncsl.org) at (202) 624 – 5400.

 

Updated September 30, 2008