Ephedrine and pseudoephedrine.

(1) Existing law classifies controlled substances into 5 schedules, with the most restrictive limitations placed on controlled substances classified in Schedule I, and the least restrictive limitations placed on controlled substances classified in Schedule V. A controlled substance in any of the schedules may be possessed or dispensed only upon a lawful prescription, as specified. Existing law does not classify ephedrine, pseudoephedrine, and specified related drugs within any of these 5 schedules, but provides that it is a crime, punishable as specified, for a person in this state who engages in specified transactions involving those drugs to fail to submit a report to the Department of Justice of all of those transactions, or to fail to submit an application to, and obtain a permit for the conduct of that business from, the Department of Justice, as specified. This bill would provide, in addition, that any person who obtains ephedrine, pseudoephedrine, phenylpropanolamine, and specified related drugs without a prescription, as specified, shall be guilty of an infraction or a misdemeanor. The bill would make conforming changes to related provisions. By creating new crimes or revising the penalties for existing crimes involving ephedrine, pseudoephedrine, and specified related drugs, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.