[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1083 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1083

 To amend the Controlled Substances Act with respect to the regulation 
    of ephedrine alkaloids, including ephedrine and pseudoephedrine.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2005

    Mr. Boren (for himself and Mr. Cole of Oklahoma) introduced the 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act with respect to the regulation 
    of ephedrine alkaloids, including ephedrine and pseudoephedrine.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Methamphetamine Reduction Act of 
2005''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The United States faces increasing danger related to 
        methamphetamine trafficking, production, and abuse.
            (2) Methamphetamine is a highly addictive drug that can be 
        readily made from products and precursors purchased from retail 
        stores. Step-by-step recipes can easily be found on the 
        Internet, which is a factor in the dramatic increase in the 
        number of clandestine labs in recent years.
            (3) Methamphetamine-producing clandestine laboratories have 
        been identified by the Drug Enforcement Administration as a 
        significant threat to the Nation's public health and safety. 
        The manufacture of methamphetamine produces highly toxic and 
        unstable chemicals that threaten the well-being of first 
        responders, law enforcement officers, and the community at-
        large.
            (4) Methamphetamine production, once exclusively found in 
        West Coast States, has rapidly moved eastward to the Midwest. 
        Production can now be found on the East Coast, in the States of 
        New York and Florida.
            (5) Methamphetamine abuse is indiscriminate of age, 
        socioeconomic level, or race.
            (6) Pseudoephedrine is a necessary precursor chemical in 
        the production of methamphetamine, which prompted the Drug 
        Enforcement Administration to initiate investigations regarding 
        the chemical's sale and distribution.
            (7) Efforts to reduce access to pseudoephedrine by 
        methamphetamine producers, such as blister packaging and sales 
        thresholds, have not been effective deterrents, and 
        pseudoephedrine tablets remain pervasive in the illicit 
        production of methamphetamine.
            (8) As States and communities attempt to combat and control 
        methamphetamine through restricting the sale of pseudoephedrine 
        products, it is incumbent upon the Congress to develop a 
        uniform standard for the distribution of pseudoephedrine in 
        tablet form.

SEC. 3. CONTROLLED SUBSTANCES; ADDITION OF EPHEDRINE ALKALOIDS TO 
              SCHEDULE V.

    (a) In General.--Effective upon the expiration of 30 days after the 
date of the enactment of this Act, ephedrine alkaloids (including 
ephedrine and pseudoephedrine), and their salts, optical isomers, and 
salts of optical isomers, shall be considered to be listed in schedule 
V of the schedules of controlled substances established under section 
202(c) of the Controlled Substances Act, subject to subsection (b). The 
Attorney General shall amend part 1308 of title 21, Code of Federal 
Regulations, accordingly.
    (b) Certain Forms of Pseudoephedrine.--Subject to the authority of 
the Attorney General under the Controlled Substances Act to designate 
drugs or other substances as controlled substances or listed 
chemicals--
            (1) subsection (a) does not apply to an ephedrine alkaloid 
        when contained in a drug that--
                    (A) is marketed or distributed lawfully in the 
                United States under the Federal Food, Drug, and 
                Cosmetic Act; and
                    (B) as determined by the Attorney General, cannot 
                be easily used in the illicit production of 
                methamphetamine; and
            (2) an ephedrine alkaloid when so contained shall be 
        considered a listed chemical.
                                 <all>