Synopsis As Introduced Creates the Ephedra Prohibition Act. Prohibits the sale of any dietary supplement containing any quantity of ephedra or ephedrine alkaloids. Exempts from that prohibition the sale of any product that receives explicit approval by the Secretary of Health and Human Services as safe and effective for its intended use or is lawfully marketed under an over-the-counter monograph issued by the United States Food and Drug Administration. Provides that a person is guilty of a Class A misdemeanor for a first-time violation of the Act and a Class 3 felony for a subsequent violation. Effective immediately.
Correctional Note (Department of Corrections)
The impact of this legislation is expected to be minimal. Because the penalty associated with a first violation is a Class A misdemeanor, and offenders convicted solely of a misdemeanor cannot be admitted to the Department, there would be no corrections population or fiscal impact on the Department. Each person sentenced to prison for a subsequent violation, a Class 3 felony, would serve an average of 12 months at a cost of $21,654 and would require the construction of one additional prison bed at the cost of $53,168.