CRIMINAL LAWAND PROCEDURE
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under the federal Comprehensive
Methamphetamine Control Act of
1996; or
(C) is for cash or a money order in
the total amount of at least two hun-
dred dollars ($200).
(8) “Unusual theft” means the theft or
unexplained disappearance from a partic-
ular pharmacy or NPLEx retailer of drugs
containing ten (10) grams or more of
ephedrine, pseudoephedrine, or both in a
twenty-four (24) hour period.
(c) A drug containing ephedrine or pseu-
doephedrine may be sold only by a pharmacy or
NPLEx retailer. Except as provided in subsection
(f), a retailer may not sell a drug containing
ephedrine or pseudoephedrine.
(d) A pharmacy or NPLEx retailer may sell a
drug that contains the active ingredient of
ephedrine, pseudoephedrine, or both only if the
pharmacy or NPLEx retailer complies with the fol-
lowing conditions:
(1) The pharmacy or NPLEx retailer does
not sell the drug to a person less than
eighteen (18) years of age.
(2) The pharmacy or NPLEx retailer does
not sell drugs containing more than:
(A) three and six-tenths (3.6) grams
of ephedrine or pseudoephedrine, or
both, to one (1) individual on one (1)
day;
(B) seven and two-tenths (7.2) grams
of ephedrine or pseudoephedrine, or
both, to one (1) individual in a thirty
(30) day period; or
(C) sixty-one and two-tenths (61.2)
grams of ephedrine or pseu-
doephedrine, or both, to one (1) indi-
vidual in a three hundred sixty-five
(365) day period.
(3) The pharmacy or NPLEx retailer
requires:
(A) the purchaser to produce a valid
government issued photo identifica-
tion card showing the date of birth of
the person;
(B) the purchaser to sign a written
or electronic log attesting to the valid-
ity of the information; and
(C) the clerk who is conducting the
transaction to initial or electronically
record the clerk’s identification on
the log.
Records from the completion of a log
must be retained for at least two (2) years.
A law enforcement officer has the right to
inspect and copy a log or the records from
the completion of a log in accordance with
state and federal law. A pharmacy or
NPLEx retailer may not sell or release a
log or the records from the completion of
a log for a commercial purpose. The
Indiana criminal justice institute may
obtain information concerning a log or
the records from the completion of a log
from a law enforcement officer if the infor-
mation may not be used to identify a spe-
cific individual and is used only for
statistical purposes. A pharmacy or
NPLEx retailer that in good faith releases
information maintained under this sub-
section is immune from civil liability
unless the release constitutes gross negli-
gence or intentional, wanton, or willful
misconduct.
(4) The pharmacy or NPLEx retailer
maintains a record of information from
each sale of a nonprescription product
containing pseudoephedrine or ephedrine.
Required information includes:
(A) the name and address of each
purchaser;
(B) the type of identification pre-
sented;
(C) the governmental entity that
issued the identification;
(D) the identification number; and
(E) the ephedrine or pseudoephedrine
product purchased, including the
number of grams the product con-
tains and the date and time of the
transaction.
(5) Beginning on January 1, 2012, a phar-
macy or NPLEx retailer shall, except as
provided in subdivision (6), before com-
pleting a sale of an over-the-counter prod-
