Section 6316 - Selling or furnishing certain stimulants to minors(a) Offense defined.--A person commits a summary offense if he knowingly sells or purchases with the intent to sell ephedrine to a person who is less than 18 years of age.(b) Penalty.--A person who is convicted of violating subsection (a) shall be sentenced to pay a fine of not less than $250 nor more than $500 for the first violation and a fine of $500 for each subsequent violation.(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Ephedrine."
(1) Except as provided in paragraph (2), any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine or a salt of an optical isomer of ephedrine.(2) The term does not include a product containing ephedrine if it may lawfully be sold over the counter without a prescription under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.); is labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph; is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse; and as described as follows:(i) Solid oral dosage forms, including soft gelatin caplets, that combine active ingredients in the following ranges for each dosage unit:(A) Theophylline (100-130 mg), ephedrine (12.5-24 mg).(B) Theophylline (60-100 mg), ephedrine (12.5-24 mg), guaifenesin (200-400 mg).(C) Ephedrine (12.5-25 mg), guaifenesin (200-400 mg).(D) Phenobarbital (not greater than 8 mg) in combination with the ingredients of clause (A) or (B).(ii) Liquid oral dosage forms that combine active ingredients in the following ranges for each 5 ml dose:(A) Theophylline (not greater than 45 mg), ephedrine (not greater than 36 mg), guaifenesin (not greater than 100 mg), phenobarbital (not greater than 12 mg).(B) Phenylephephrine (not greater than 5 mg), ephedrine (not greater than 5 mg), chlorpheniramine (not greater than 2 mg), dextromethorphan (not greater than 10 mg), ammonium Cl (not greater than 40 mg), ipecac fluid extract (not greater than 0.005 ml).(iii) Anorectal preparations containing less than 5% ephedrine.(iv) Any liquid compound, mixture or preparation containing 0.5% or less of ephedrine.1997, May 9, P.L. 142, No. 8, § 2, effective in 60 days.