Oklahoma Administrative Code
Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
Chapter 55 - Pseudoephedrine Control
Section 475:55-1-12 - Criteria for exemption

Universal Citation: OK Admin Code 475:55-1-12

Current through Vol. 42, No. 1, September 16, 2024

(a) Any person may request an exemption or conditional exemption of Schedule V classification for a specific product. The decision of whether to grant an exemption shall be made by the Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, who will take the following into consideration:

(1) Ease with which the product can be converted to methamphetamine;

(2) Ease with which pseudoephedrine is extracted from the substance and whether it forms an emulsion, salt, or other form;

(3) Whether the product contains a "molecular lock" that renders it incapable of being converted into methamphetamine;

(4) Presence of other ingredients that render the product less likely to be used in the manufacture of methamphetamine; and,

(5) Any pertinent data that can be used to determine the risks of the substance being used in the illegal manufacture of methamphetamine or any other controlled substance.

(b) The burden of proof for exemption shall be upon the person requesting the exemption. The petitioner shall provide the Oklahoma Bureau of Narcotics and Dangerous Drugs Control with evidence that the product has been formulated in such a way as to serve as an effective general deterrent to the conversion of pseudoephedrine into methamphetamine. Such evidence shall include the furnishing of a valid scientific study, conducted by a professional laboratory and evincing professional quality chemical analysis, which is in accordance with uniform parameters set forth in writing by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. This report shall include documentable and reviewable data and a clear delineation of methodology.

Added at 22 Ok Reg 1030, eff 6-16-05 (emergency); Added at 22 Ok Reg 2685, eff 7-25-05

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