The Drug Enforcement Administration (DEA), the California Bureau of Narcotic Enforcement (BNE), and other state/local law enforcement authorities throughout the United States have noted an alarming trend involving illicit methamphetamine production. Shortly after DEA placed domestic recordkeeping and reporting requirements on ephedrine tablets, effective April 16, 1994, and removed the ephedrine threshold, effective November 10, 1994, there has been a dramatic change in the choice of precursors used by clandestine laboratory operators. Criminals are now using bulk pseudoephedrine and pseudoephedrine drug products to clandestinely manufacture methamphetamine.
This notification is being sent to all those who either manufacture, import, export or distribute pseudoephedrine. All persons engaged in these activities should be aware of the following information:
- Pseudoephedrine is a List I Chemical under Federal law.
- Pseudoephedrine drug products are List I Chemicals, as defined by 21 U.S.C. 802.
- Anyone who manufactures, imports, exports or distributes a listed chemical is considered a "regulated person" by definition of 21 U.S.C. 802.
- "Any person who possesses or distributes a listed chemical knowing, or having reasonable cause to believe that the listed chemical will be used to manufacture a controlled substance except, as authorized by this title, shall be fined in accordance with Title 18, or imprisoned not more than 10 years, or both." ....Title 21 U.S.C. 841 (d)(2).
The current exemption from certain recordkeeping and reporting requirements for pseudoephedrine drug products does not reduce the risk of criminal liability. Law enforcement authorities are asking for your voluntary cooperation to reduce this diversion.
NOTICE: This is an unofficial version. An official version of this publication may be obtained directly from the Government Publishing Office (GPO).