§ 6316. Selling or furnishing certain stimulants to minors.

421 words·~2 min read·/pa/title-18/chapter-63/6316

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Offense defined.-- A person commits a summary offense if he knowingly sells or purchases with the intent to sell ephedrine to a person who is less than 18 years of age.

(b)Penalty.-- A person who is convicted of violating subsection

(a)shall be sentenced to pay a fine of not less than $250 nor more than $500 for the first violation and a fine of $500 for each subsequent violation.

(c)Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Ephedrine."

(1)Except as provided in paragraph (2), any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine or a salt of an optical isomer of ephedrine.

(2)The term does not include a product containing ephedrine if it may lawfully be sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.); is labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph; is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse; and as described as follows:

(i)Solid oral dosage forms, including soft gelatin caplets, that combine active ingredients in the following ranges for each dosage unit:

(A)Theophylline (100-130 mg), ephedrine (12.5-24 mg).

(B)Theophylline (60-100 mg), ephedrine (12.5-24 mg), guaifenesin (200-400 mg).

(C)Ephedrine (12.5-25 mg), guaifenesin (200-400 mg).

(D)Phenobarbital (not greater than 8 mg) in combination with the ingredients of clause

(A)or (B).

(ii)Liquid oral dosage forms that combine active ingredients in the following ranges for each 5 ml dose:

(A)Theophylline (not greater than 45 mg), ephedrine (not greater than 36 mg), guaifenesin (not greater than 100 mg), phenobarbital (not greater than 12 mg).

(B)Phenylephephrine (not greater than 5 mg), ephedrine (not greater than 5 mg), chlorpheniramine (not greater than 2 mg), dextromethorphan (not greater than 10 mg), ammonium Cl (not greater than 40 mg), ipecac fluid extract (not greater than 0.005 ml).

(iii)Anorectal preparations containing less than 5% ephedrine.

(iv)Any liquid compound, mixture or preparation containing 0.5% or less of ephedrine.

18c6316v

(May 9, 1997, P.L.142, No.8, eff. 60 days)

1997 Amendment. Act 8 added section 6316. See the preamble to Act 8 in the appendix to this title for special provisions relating to legislative findings and declarations.

18c6317s