CRIMINAL LAWAND PROCEDURE
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uct containing pseudoephedrine or
ephedrine, electronically submit the
required information to the National
Precursor Log Exchange (NPLEx) admin-
istered by the National Association of
Drug Diversion Investigators (NADDI), if
the NPLEx system is available to phar-
macies or NPLEx retailers in the state
without a charge for accessing the sys-
tem. The pharmacy or NPLEx retailer
may not complete the sale if the system
generates a stop sale alert.
(6) If a pharmacy or NPLEx retailer sell-
ing an over-the-counter product contain-
ing ephedrine or pseudoephedrine
experiences mechanical or electronic fail-
ure of the electronic sales tracking system
and is unable to comply with the elec-
tronic sales tracking requirement, the phar-
macy or NPLEx retailer shall maintain a
written log or an alternative electronic
recordkeeping mechanism until the phar-
macy or NPLEx retailer is able to comply
with the electronic sales tracking require-
ment.
(7) The pharmacy or NPLEx retailer
stores the drug behind the counter in an
area inaccessible to a customer or in a
locked display case that makes the drug
unavailable to a customer without the
assistance of an employee.
(e) A person may not purchase drugs con-
taining more than:
(1) three and six-tenths (3.6) grams of
ephedrine or pseudoephedrine, or both,
on one (1) day;
(2) seven and two-tenths (7.2) grams of
ephedrine or pseudoephedrine, or both,
in a thirty (30) day period; or
(3) sixty-one and two-tenths (61.2) grams
of ephedrine or pseudoephedrine, or both,
in a three hundred sixty-five (365) day
period.
These limits apply to the total amount of base
ephedrine and pseudoephedrine contained in the
products and not to the overall weight of the prod-
ucts.
(f) This subsection applies only to conven-
ience packages. A retailer may sell convenience
packages under this section without complying
with the conditions listed in subsection (d):
(1) after June 30, 2013; and
(2) before January 1, 2014.
A retailer may not sell drugs containing more
than sixty (60) milligrams of ephedrine or pseu-
doephedrine, or both in any one (1) transaction. A
retailer who sells convenience packages must
secure the convenience packages behind the
counter in an area inaccessible to a customer or in
a locked display case that makes the drug unavail-
able to a customer without the assistance of an
employee. A retailer may not sell a drug con-
taining ephedrine or pseudoephedrine after
December 31, 2013.
(g) A retail distributor, wholesaler, or manu-
facturer shall report a suspicious order to the state
police department in writing.
(h) Not later than three (3) days after the dis-
covery of an unusual theft at a particular retail
store, the pharmacy or NPLEx retailer shall report
the unusual theft to the state police department in
writing. If three (3) unusual thefts occur in a
thirty (30) day period at a particular pharmacy or
NPLEx retailer, the pharmacy or NPLEx retailer
shall, for at least one hundred eighty (180) days
after the date of the last unusual theft, locate all
drugs containing ephedrine or pseudoephedrine at
that particular pharmacy or NPLEx retailer behind
a counter in a area inaccessible to a customer or
in a locked display case that makes the drug
unavailable to customers without the assistance of
an employee.
(i) A unit (as defined in IC 36-1-2-23) may
adopt an ordinance after February 1, 2005, that is
more stringent than this section.
(j) A person who knowingly or intentionally
violates this section commits a Class C misde-
meanor. However, the offense is a Class A mis-
demeanor if the person has a prior unrelated
conviction under this section.
(k) A pharmacy or NPLEx retailer that uses
the electronic sales tracking system in accordance
with this section is immune from civil liability for
any act or omission committed in carrying out the
duties required by this section, unless the act or
omission was due to negligence, recklessness, or
deliberate or wanton misconduct. A pharmacy or
NPLEx retailer is immune from liability to a third
