United States v. Jae Gab Kim

ORDER AND AMENDED OPINION

ORDER

The opinion filed on April 10, 2006, is amended as follows:

On slip opinion page 3929, line 9, beginning with “Over-the-counter sales ...” and ending line 12 with “from ‘regulated transactions.’ ” delete and replace with the following:

On slip opinion page 3929, line 12, after “exemption from ‘regulated transactions.’ ” insert the following footnote:

On slip opinion page 3929, line 22, beginning with “Alternatively, sales of twenty-four grams ...” and ending line 28 with “twenty-four grams or more.” delete and replace with the following:

With these amendments, the panel has voted to deny the petition for rehearing. The petition for rehearing is DENIED. No further petitions for rehearing or for rehearing en banc may be filed.

OPINION

Pseudoephedrine, a “listed chemical” under a federal drug statute, 21 U.S.C. § 802 (33) & (34)(K), is an ingredient in many over-the-counter cold medications. It can also be used to manufacture methamphetamine, a controlled substance under 21 U.S.C. § 812 . Both the United States and California have statutes prohibiting over-the-counter sales of drugs containing pseudoephedrine in certain instanc es. See 21…