6316 - Selling or furnishing certain stimulants to minors.
§ 6316. Selling or furnishing certain stimulants to minors. (a) Offense defined.--A person commits a summary offense if he knowingly sells or purchases with the intent to sell ephedrine to a person who is less than 18 years of age. (b) Penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $250 nor more than $500 for the first violation and a fine of $500 for each subsequent violation. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Ephedrine." (1) Except as provided in paragraph (2), any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine or a salt of an optical isomer of ephedrine. (2) The term does not include a product containing ephedrine if it may lawfully be sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.); is labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph; is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse; and as described as follows: (i) Solid oral dosage forms, including soft gelatin caplets, that combine active ingredients in the following ranges for each dosage unit: (A) Theophylline (100-130 mg), ephedrine (12.5- 24 mg). (B) Theophylline (60-100 mg), ephedrine (12.5-24 mg), guaifenesin (200-400 mg). (C) Ephedrine (12.5-25 mg), guaifenesin (200-400 mg). (D) Phenobarbital (not greater than 8 mg) in combination with the ingredients of clause (A) or (B). (ii) Liquid oral dosage forms that combine active ingredients in the following ranges for each 5 ml dose: (A) Theophylline (not greater than 45 mg), ephedrine (not greater than 36 mg), guaifenesin (not greater than 100 mg), phenobarbital (not greater than 12 mg). (B) Phenylephephrine (not greater than 5 mg), ephedrine (not greater than 5 mg), chlorpheniramine (not greater than 2 mg), dextromethorphan (not greater than 10 mg), ammonium Cl (not greater than 40 mg), ipecac fluid extract (not greater than 0.005 ml). (iii) Anorectal preparations containing less than 5% ephedrine. (iv) Any liquid compound, mixture or preparation containing 0.5% or less of ephedrine. (May 9, 1997, P.L.142, No.8, eff. 60 days) 1997 Amendment. Act 8 added section 6316. See the preamble to Act 8 in the appendix to this title for special provisions relating to legislative findings and declarations.