Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor

No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of product, mixture, or preparation obtained pursuant to a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority. Possession of more than nine grams of a drug product containing more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. This rebuttable presumption does not apply to: (1) A retail distributor of drug products; (2) A wholesale drug distributor, or its agents; (3) A manufacturer of drug products, or its agents; (4) A pharmacist licensed by the Board of Pharmacy; or (5) A licensed health care professional possessing the drug products in the course of carrying out the profession. Any violation of this section is a Class 1 misdemeanor. Source: SL 2006, ch 181 , § 8.