(a) Except as provided in subsection (b), no person shall possess, sell, or cause to be sold, any product containing ephedrine.
(b) The following ephedrine-containing products may be lawfully possessed, sold, or caused to be sold:
(1) A drug approved for sale by the FDA;
(2) An over-the-counter drug in compliance with a proposed monograph, tentative final monograph, or final monograph issued by the FDA;
(3) A dietary supplement which is not deemed adulterated or misbranded by the FDA and which is:
(A) Intended and labeled for use as a weight loss aid or sports nutrition product; and
(B) Labeled for sale only to, and for use only by, persons 21 years of age or older.
(4) A fresh, dried, or ground stem, leaf, root, or other part of a plant of the genus ephedra.
(c) Notwithstanding subsection (b), no person shall sell or cause to be sold any ephedrine-containing product to any person under 21 years of age, except:
(1) Pursuant to a written prescription from a medical physician, osteopathic physician, podiatrist, or dentist or the written approval of an acupuncture practitioner or naturopathic physician; or
(2) An herbalist may personally sell the fresh, dried, or ground stem, leaf, root, or other part of a plant of the genus ephedra to a person under 21 years of age.
(d) No person shall possess, sell, or cause to be sold, purchase for resale or cause to be purchased for resale, distribute or cause to be distributed any ephedrine-containing product with a label that claims or implies that consumption of the product will produce effects such as ecstacy, euphoria, increased sexual sensations, heightened awareness, increased energy, legal “highs”, and other similar effects.
(1990 Code, Ch. 40, Art. 13, § 40-13.2) (Added by Ord. 96-59)