Senate Bill 63 is an Act passed unanimously by the 2005 Kentucky General Assembly and signed into law by Gov. Ernie Fletcher on March 29, 2005, that is designed to combat the growing problem of illegal methamphetamine use and manufacturing in Kentucky and regulates Internet sales of prescription drugs. The law became effective June 21, 2005.

Methamphetamine manufacturing and use are at all-time highs and are present in nearly every Kentucky community.  Meth is highly addictive and when produced creates the potential for explosions and leaves behind hazardous waste materials that are costly to clean up. Children are increasingly being placed at risk and the demand for treatment is escalating at an alarming rate.

When the legislation stalled, Operation UNITE contacted its coalitions and organized an anti-drug rally in Frankfort on February 14, 2005, that was attended by 2,000 people from across the region. Coalitions later contacted legislators to voice support for the tougher measures. These efforts are credited with getting the bill approved.

Key provisions of SB 63 include:

• Creates a new statute of controlled substance endangerment making it a felony for individuals who permit a child to be present near a hazardous chemical with the intent to manufacture a controlled substance. Penalties increase based on the child’s injuries or exposure.

• When it can be shown there is intent to produce methamphetamine, only two or more chemicals or items of equipment needed to produce methamphetamine need to be present in order to prosecute individuals for manufacturing.  Part of the law addresses the 2003 Kentucky Supreme Court decision in Kotila v. Commonwealth in which the court ruled that all the chemicals or equipment needed for manufacturing had to be present.

• Restricts the sale of cold remedies/decongestants in tablet or capsule form containing pseudoephedrine, ephedrine or phenylpropanolamine by requiring it to be dispensed only at pharmacies and requiring photo identification, a signature and address for purchase. The legislation does not affect gel-cap and liquid preparations.

• Limits the amount of packages of products containing pseudoephedrine, ephedrine or phenylpropanolamine in tablet, caplet or powder form to no more than 9 grams in a 30-day period. This is the equivalent of 300 30mg tablets.

• Requires Internet pharmacies to register with the Kentucky Board of Pharmacy in order to do business in the state.

• Requires Internet pharmacies to use the drug-tracking system commonly known as KASPER.

• Requires Internet pharmacy customers to have a valid prescription in order to have their order filled.

• Allows prosecutors to seek civil remedies against persons trafficking in precursors or manufacturing methamphetamine.

• Increases the degree of the offense if a firearm is used in furtherance of a drug-related crime.