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substance (subsection (e)); or
(E) unlawful sale of a precursor (sub-
section (g)); and
(2) not later than seven (7) years from the
date the person was sentenced for the
offense;
knowingly or intentionally possesses ephedrine,
pseudoephedrine, or phenylpropanolamine, pure
or adulterated, commits possession of a precursor
by a methamphetamine offender, a Level 6 felony.
35-48-4-14.7. Restriction on sale of
ephedrine and
pseudoephedrine products
(a) This section does not apply to the fol-
lowing:
(1) Ephedrine or pseudoephedrine dis-
pensed pursuant to a prescription.
(2) The sale of a drug containing
ephedrine or pseudoephedrine to a licensed
health care provider, pharmacist, retail
distributor, wholesaler, manufacturer, or an
agent of any of these persons if the sale
occurs in the regular course of lawful busi-
ness activities. However, a retail distrib-
utor, wholesaler, or manufacturer is
required to report a suspicious order to
the state police department in accordance
with subsection (g).
(3) The sale of a drug containing
ephedrine or pseudoephedrine by a person
who does not sell exclusively to walk-in
customers for the personal use of the walk-
in customers. However, if the person
described in this subdivision is a retail
distributor, wholesaler, or manufacturer,
the person is required to report a suspicious
order to the state police department in
accordance with subsection (g).
(b) The following definitions apply through-
out this section:
(1) “Constant video monitoring” means
the surveillance by an automated camera
that:
(A) records at least one (1) photo-
graph or digital image every ten (10)
seconds;
(B) retains a photograph or digital
image for at least seventy-two (72)
hours;
(C) has sufficient resolution and mag-
nification to permit the identification
of a person in the area under surveil-
lance; and
(D) stores a recorded photograph or
digital image at a location that is
immediately accessible to a law
enforcement officer.
(2) “Convenience package” means a
package that contains a drug having as an
active ingredient not more than sixty (60)
milligrams of ephedrine or pseu-
doephedrine, or both.
(3) “Ephedrine” means pure or adulter-
ated ephedrine.
(4) “Pharmacy or NPLEx retailer” means:
(A) a pharmacy, as defined in IC 25-
26-13-2;
(B) a retailer containing a pharmacy,
as defined in IC 25-26-13-2; or
(C) a retailer that electronically sub-
mits the required information to the
National Precursor Log Exchange
(NPLEx) administered by the
National Association of Drug
Diversion Investigators (NADDI).
(5) “Pseudoephedrine” means pure or
adulterated pseudoephedrine.
(6) “Retailer” means a grocery store, gen-
eral merchandise store, or other similar
establishment. The term does not include
a pharmacy or NPLEx retailer.
(7) “Suspicious order” means a sale or
transfer of a drug containing ephedrine
or pseudoephedrine if the sale of transfer:
(A) is a sale or transfer that the retail
distributor, wholesaler, or manufac-
turer is required to report to the United
States Drug Enforcement Admin-
istration;
(B) appears suspicious to the retail
distributor, wholesaler, or manufac-
turer in light of the recommendations
contained inAppendixAof the report
to the United States attorney general
by the suspicious orders task force
