Asked in Criminal Law, Federal Crimes and Health Care Law for Idaho

Q: Is this Sudafed a controlled substance according to Idaho statute?

37-2707. (g) Immediate precursors.

Except that any combination or compound containing ephedrine,or any of its salts and isomers,or phenylpropanolamine or its salts and isomers,or pseudoephedrine,or any of its salts and isomers which is prepared for dis-pensing or over-the-counter distribution is not a controlled substance for the purpose of this section, unless such substance is possessed,delivered,or possessed with intent to deliver to another with the intent to manufacture methamphetamine,amphetamine or any other controlled substance in violation of section37-2732,Idaho Code. For purposes of this provision,the requirements of the uniform controlled substances act shall not apply to a manufacturer,wholesaler or retailer of over-the-counter products contain-ing the listed substances unless such person possesses,delivers,or possesses with intent to deliver to another the over-the-counter product with intent to manufacture a controlled substance. [What does this all mean???]

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Yes. Sudafed is a controlled substance, following the Idaho Legislature's "knee jerk" reaction to the methamphetamine deluge of the 90's. Idaho Code 37-3303 says:

It shall be unlawful for any retailer to knowingly sell, transfer or otherwise furnish in a single day a pseudoephedrine product or products containing more than a base amount of three and six-tenths (3.6) grams of pseudoephedrine.

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