AB 203

Under current law, a drug, or controlled substance, is classified in one of five

separate schedules. The classification is based on: 1) whether there is a currently

accepted medical use for the drug; 2) the drug's potential for being abused; and 3) the

nature of the psychological or physical dependence that use of the drug may produce.

Controlled substances that have a high potential for abuse and no currently accepted

medical use are included in schedule I. Controlled substances that have an accepted

medical use and that have the lowest potential for abuse and produce the least

dependence when compared with other controlled substances are included in

schedule V. In general, a schedule I controlled substance may not be dispensed, even

with a prescription. A schedule II, III, or IV controlled substance may be dispensed,

but only with a prescription. A schedule V controlled substance may be dispensed

without a prescription, but only a registered pharmacist or, with regard to

pseudoephedrine, a person working under the direction of a registered pharmacist,

may sell it at retail. In addition, the pharmacist must record the name and address

of the purchaser of a schedule V controlled substance and the quantity of the product

sold.

Pseudoephedrine products are classified as schedule V controlled substances

and current law imposes restrictions on the sale of of pseudoephedrine products. One

restriction prohibits a person, except a physician, dentist, veterinarian, or

pharmacist, from purchasing, without authorization from a physician, dentist, or

veterinarian, more than seven and a half grams of pseudoephedrine in a

pseudoephedrine product within a 30-day period other than by purchasing it in

person from a pharmacy or pharmacist. This bill eliminates the exception for

purchasing it from a pharmacy or pharmacist. A person who violates this prohibition

is guilty of a felony and is subject to a fine of not more than $10,000 or imprisonment

for not longer than three years and six months, or both.