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Tennessee General Assembly· SB 2323Sponsor(s) Added.

Drugs, Over the Counter - As enacted, increases the amount of products containing ephedrine or pseudoephedrine a person may purchase in a one-year period from 43.2 grams to 61.2 grams; changes references to the "National, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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                        ~tate of \ll:ennessee

                           PUBLIC CHAPTER NO. 880

                                                  HOUSE BILL NO. 2101

                                    By Representatives Faison, Renea Jones

                                       Substituted for: Senate Bill No. 2323

                                              By Senators Haile, Bowling

         AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4, relative to
drugs.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 39-17-431(c)(4), is amended by
deleting the subdivision and substituting:

                   (4) This subsection (c) also applies to pharmacist-generated prescription orders
          of the product pursuant to § 63-10-206.

          SECTION 2. Tennessee Code Annotated, Section 39-17-431(d), is amended by deleting
the following:

         The pharmacist or pharmacy intern shall counsel with the person seeking to purchase
         the product as to the reasons for needing the product and may decline the sale if the
          pharmacist or pharmacy intern believes the sale is not for a legitimate medical purpose.

          SECTION 3. Tennessee Code Annotated, Section 39-17-431(e), is amended by deleting
the subsection and substituting:

                    (1) By January 1, 2012, each pharmacy in this state shall have in place and
          operational all equipment necessary to •access and use the electronic sales tracking
          system. The electronic sales tracking system must be available for access and use free
          of charge to the pharmacies and this state.

                    (2) Beginning January 1, 2012, before completing a sale of an over-the-counter
          product containing pseudoephedrine or ephedrine not otherwise excluded from the
          record keeping requirement, a pharmacy must electronically submit the required
          information to the electronic sales tracking system. On learning of a data entry error in
         which a transaction was submitted to the electronic sales tracking system when it should
          not have been, the pharmacy must submit a data entry error correction to the
          administrator of the electronic sales tracking system to remedy the error and prevent an
          inappropriate stop sale alert from being generated for a person who may seek to
          purchase an over-the-counter product containing pseudoephedrine or ephedrine. Except
          as provided in subsection U), the seller shall not complete the sale if the system
          generates a stop sale alert.

                    (3) Absent negligence, wantonness, recklessness, or deliberate misconduct, any
          pharmacy utilizing the electronic sales tracking system in accordance with this
          subsection (e) is not civilly liable as a result of any act or omission in carrying out the
          duties required by this subsection (e) and is immune from liability to any third party
          unless the retailer has violated this subsection (e) in relation to a claim brought for such
          violation. This subsection (e) does not apply to a person who obtains the product or
          products pursuant to a valid prescription.

                    (4) The data entered into, stored, and maintained by the electronic sales tracking
          system must only be used by law enforcement officials, healthcare professionals, and
          pharmacists and only for controlling the sale of methamphetamine precursors.

                    (5) If, for any reason, the electronic sales tracking system is no longer the system
          used in this state to track the sale of methamphetamine precursors, whether because
HB2101

         the system no longer functions, is no longer in existence, is no longer offered to the state
         without cost, or is otherwise no longer available, each pharmacy must switch to and
          commence using the Tennessee Methamphetamine Information System (TMIS), as
         soon as the equipment necessary to access and use the system is made available at no
          charge to the pharmacy. TMIS must be available for access and use free of charge to
         the pharmacies.

                    (6)

                              (A) As of January 1, 2027, any manufacturer of an ephedrine or
                    pseudoephedrine product that is sold in or into this state must, on a monthly
                    basis, pay fees to the administrator of the electronic sales tracking system.

                              (B) On an annual basis, the administrator of the electronic sales tracking
                    system shall establish the fee levels required under subdivision (e)(6)(A). In
                    setting such fees, the administrator of the electronic sales tracking system is
                    prohibited from increasing fees on a year-over-year basis by an amount equal to
                    or in excess of ten percent (10%), unless the administrator of the electronic sales
                    tracking system can show that the increase is directly attributable to cost factors
                    to the administrator of the electronic sales tracking system, including costs for
                    labor, services, or materials used to administer the electronic sales tracking
                    system.

          SECTION 4. Tennessee Code Annotated, Section 39-17-431(i), is amended by deleting
the language "NPLEx" wherever it appears and substituting "electronic sales tracking system"
and by deleting the language "NADDI" wherever it appears and substituting "the administrator of
the electronic sales tracking system".

          SECTION 5. Tennessee Code Annotated, Section 39-17-431U)(1), is amended by
deleting the language "NPLEx" and substituting "The electronic sales tracking system".

          SECTION 6. Tennessee Code Annotated, Section 39-17-431U)(2), is amended by
deleting the language "NPLEx" wherever it appears and substituting "electronic sales tracking
system".

          SECTION 7. Tennessee Code Annotated, Section 39-17-431(1), is amended by deleting
subdivisions (1)(1) and (2) and substituting:

                    (1) The TBI, in cooperation with the administrator of the electronic sales tracking
          system, shall devise a method to electronically notify the administrator at least every
          seven (7) days of any person placed on the methamphetamine registry pursuant to§ 39-
          17-436(b). The notification must include the first, middle, and last names of the person,
          the person's date of birth and the person's driver license number or any other state or
          federal identification number. The electronic sales tracking system must be designed to
          generate a stop-sale alert for any purchaser whose name has been submitted to the
          registry. Such person is prohibited from purchasing nonexempt products at the point-of-
          sale using the electronic sales tracking system.

                    (2) The bureau shall also notify the administrator of the electronic sales tracking
          system when a person is removed from the methamphetamine registry pursuant to § 39-
          17-436(e). When notified, the person must be removed from the electronic sales tracking
          system and is permitted to purchase nonexempt products.

          SECTION 8. Tennessee Code Annotated, Section 39-17-431(0), is amended by deleting
the subsection and substituting:

                    (o) As used in this section:

                              (1) "Administrator of the electronic sales tracking system" means the
                    entity responsible for developing, implementing, and maintaining the electronic
                    recordkeeping system;

                              (2) "Electronic sales tracking system" means the electronic tracking
                    system adopted by this state for the purpose of recording and monitoring the

                                                               2
HB2101

                    real-time purchase of products containing ephedrine or pseudoephedrine and to
                    prevent or investigate illegal purchases of these products; and

                              (3) "Pharmacy" means only a pharmacy operating under title 63, chapter
                    10, which sells any immediate methamphetamine precursor at retail to the public,
                    including through internet sales.
          SECTION 9. Tennessee Code Annotated, Section 39-17-431, is amended by adding the
following as a new subsection:
                    (q)

                              (1) This subsection (q) applies to any seller that completes an online or
                    remote transaction for a product containing pseudoephedrine or ephedrine.

                              (2) A seller shall not complete an online or remote sale of a product
                    containing pseudoephedrine or ephedrine unless the purchaser provides a
                    government-issued identification.

                              (3) The seller shall confirm the government-issued identification through
                    an online electronic sales tracking system that confirms:

                                        (A) The name of the purchaser;
                                        (8) The government-issued identification number; and
                                        (C) The residential address listed on the government-issued
                              identification.
                              (4) Prior to completing the sale, the seller shall submit the transaction to
                    the electronic sales tracking system used in this state to determine whether the
                    purchase would exceed the applicable daily, thirty-day, or yearly limits.
                              (5) The seller shall not complete the transaction if the electronic sales
                    tracking system indicates that the sale would exceed the applicable limits.
                              (6) A pseudoephedrine or ephedrine product sold through an online or
                    remote transaction may only be shipped or delivered to the residential address
                    listed on the purchaser's government-issued identification. A pseudoephedrine or
                    ephedrine product must not be delivered to:
                                        (A) A post office box;
                                        (8) A commercial mail receiving agency; or
                                        (C) Any address other than the residential address listed on the
                              purchaser's government-issued identification.
          SECTION 10. This act takes effect July 1, 2026, the public welfare requiring it.

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         HOUSE BILL NO. 2101

PASSED:  April 9, 2026

                        C

                           CAMERONSEXTON, SPEAKER
                           HOUSE OF REPRESENTATIVES

                                               RANDY MCNA"LY
                                  SPEAKER OF THE SENA\TE

/jpG I APPROVED this m.a. day of          2026

        ~lb.

BILL LEE, GOVERNOR

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