Pseudoephedrine
ISSUE SUMMARY
In 1976, the U.S. Food and Drug Administration first allowed pseudoephedrine to be sold over-the-counter, instead of requiring a prescription. Because pseudoephedrine is easily and inexpensively synthesized into methamphetamine, over the years it has been transformed from a relatively benign decongestant to a significant drug of abuse. In response to the growing problem of methamphetamine abuse, in 2006 the US Congress attempted to restrict access to pseudoephedrine-containing products by moving them back behind-the-counter, requiring a photo-identification for purchase, limiting the quantity that could be sold, and keeping a register of all sales of the products.
In addition, a voluntary, nationwide electronic tracking system (NPLEx) funded by pharmaceutical manufacturers was created to track the sale of pseudoephedrine products on a real-time basis. This e-tracking system, which is offered at no cost to states that adopt it, has been implemented in about 13 states, with mixed results. Data seems to show that meth lab incidents and seizures are continuing to increase in many areas of the country, in spite of the e-tracking system and limits on purchase of the products.
Two states have re-classified pseudoephedrine as a Class III controlled substance, which requires the prescription of a licensed practitioner. Oregon passed its law in 2006, and meth lab incidents dropped off dramatically. In 2010 Mississippi became the second state to require a prescription for pseudoephedrine, and within 6 months could document dramatic reduction in activities associated with the domestic production of methamphetamine. Several other states are considering legislation to re-classify pseudoephedrine, Kansas included. The Kansas legislature considered, but did not pass, two such bills (SB 131 and HB 2098) during the 2011 session. Federal legislation to re-classify pseudoephedrine has been introduced, but has not yet passed the Congress.
The consequences of methamphetamine misuse and abuse are significant, both in terms of harm to the individual, as well as harm and costs to families and society as a whole. Its consequences include child abuse and neglect, increases in preventable deaths, significant morbidity, increases in crimes of theft, burdens on the criminal justice system, significant costs to incarcerate offenders, lower productivity and costly property damage. Because pseudoephedrine is readily available, and is a key precursor to methamphetamine production, which causes significant harm and abuse, serious consideration should be given to further restrict access to pseudoephedrine by making it prescription-only.
ADOPTED ACTION OR POLICY
The Kansas Medical Society strongly supports legislation making pseudoephedrine-containing products available only upon a prescription order in the state of Kansas.
Adopted by the KMS House of Delegates on April 30, 2011.
