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SPONSOR |
SJC |
DATE TYPED |
|
HB |
|
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SHORT
TITLE |
Addition of Substances to Drug Precursor List |
SB |
160/SJCS/aSFL#1 |
||||
|
|
ANALYST |
Gilbert |
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REVENUE
|
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
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|
FY04 |
FY05 |
|||
|
|
Indeterminate |
Recurring |
General
Fund |
|
(Parenthesis ( ) Indicate Revenue Decreases)
Duplicates: 111/HJCS
LFC Files
Responses
Received From
SUMMARY
Synopsis of SFL#1
Amendment
The Senate Floor Amendment #1 to the Senate
Judiciary Committee Substitute for Senate Bill 160 adds a new subsection D to
§30-31B-12 which provides an affirmative prosecution defense to employees of retail
establishments when they illegally sell drug precursors, provided that their
employers fail to provide required training (see below):
D. When drug precursors are sold by an employee of a retail
establishment in violation of the provisions of this section, it is an
affirmative defense to a prosecution of that employee that he did not receive
training from his employer regarding state and federal laws and regulations
regarding drug precursors.
Synopsis of Original Bill
The Senate Judiciary Committee Substitute for Senate
Bill 160 amends the Drug Precursor Act, NMSA 1978, § 30-31B, to set New Mexico Pharmacy
Board (NMPB) standards for adding certain substances to the Act’s drug precursors
list.
Duty
to Administer, §03-31B-4B NMSA 1978, was amended to add the
following new language:
B.
In determining whether to add to the list of drug precursors a substance,
material, compound, mixture or preparation that is generally recognized as safe
and effective within the meaning of the Federal Food, Drug and Cosmetic Act or
that has been manufactured, distributed or possessed in conformance with the
provisions of an approved new drug application or an exemption for
investigational use within the meaning of Section 505 of the Federal Food, Drug
and Cosmetic Act, the board shall consider:
1)
whether the substance, material, compound, mixture or
preparation is:
(a)
a source of a substance already controlled under the
Controlled Substances Act; or
(b)
subject to being easily converted to an immediate
precursor of a substance already controlled under the Controlled Substances
Act;
(2)
the relative ease by which use of the substance,
material, compound, mixture or preparation can facilitate the manufacture of a
controlled substance;
(3)
legitimate uses that would be unduly hampered by
listing the substance, material, compound, mixture or preparation as a drug
precursor;
(4)
whether the substance, material, compound, mixture or preparation is formulated
to effectively prevent its conversion into an immediate precursor of a substance
already controlled under the Controlled Substances Act; and
(5)
any other factors relevant to and consistent with the
public health and safety.
The
definition of “transfer”, NMSA
1978, § 30-31B-2(T)
is modified to strike “controlled substance”
and replace it with “drug precursor.”
NMSA 1978, § 30-31B-6 is amended to specify that
license fees to manufacture, possess, transfer or transport drug precursors
shall not exceed $250. Currently, the minimum fee for a license to
manufacture, possess, transfer or transport drug precursors is $250, with no
specified maximum fee.
Fees for a retail distributor’s license shall
not be more than $50 for business with 10 or more employees and not be more
than $25 with fewer than 10employees.
The bill also revises penalties specified in
NMSA 1978, § 30-31B-12 from a misdemeanor to a fourth degree felony for a first
offense and from a third degree felony to a fourth degree felony for a third or
subsequent offenses.
Categories of persons, who need not be licensed
under the Drug Precursor Act, §30-31B-6D, and may lawfully possess drug
precursors were expanded to include the following:
(5)
a consumer who uses a drug precursor for its intended
purpose and who does not use the drug precursor to manufacture a substance
controlled under the Controlled Substances Act;
(6)
a pharmacy, an agent or employee of a pharmacy or a
contractor for a pharmacy;
(7)
a pharmacist, an agent or employee of a pharmacist or
a contractor for a pharmacist; or
(8)
an agent or employee of a licensed retail
establishment or a contractor for a licensed retail establishment.
The following language was added to §30-31B-12
to protect owners of retail establishments when drug precursors are illegally
sold by their employees:
·
When a person owns or operates a retail
establishment where drug precursors are sold by an employee in violation of the
provisions of this section, it is an affirmative defense to a prosecution of
that owner or operator if he furnishes documentation that he provided the
employee with a training program regarding state and federal laws and
regulations regarding drug precursors; provided that, if the owner or operator
knew or should have known of the employee's violation, the owner or operator
shall also be in violation of the provisions of this section."
FISCAL IMPLICATIONS
There will be minimal administrative costs associated
with statewide update, distribution, and documentation of statutory and NMPB
regulatory changes.
Revenue could be impacted either positively or
negatively, based upon the license fee structure established by the NMPB. Theoretically, revenue could go down since
the NMPB must currently impose a minimum fee of $250. Under this bill, which
sets a maximum fee of $250, there is
no minimum fee.
ADMINISTRATIVE IMPLICATIONS
The NMPB must adopt regulations under which a drug
precursor (as an approved drug) may be possessed for legitimate medical use,
and in what quantities. The NMPB must also adopt regulations necessary for
implementation of the licensure provisions of the Act.
OTHER SUBSTANTIVE ISSUES
According
to the NMPB, the control of substances used in the manufacture of controlled substances,
or analogs of controlled substances, will enhance law enforcement and the NMPB
efforts to reduce substance abuse and to diminish the availability and exposure
of toxic drug precursors to unsuspecting persons (including minor children) who
come into contact with them at clandestine labs.
RLG/yr:lg:dm