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S 1243

Relates to the regulation of motorized scooters

2025 Regular Session Introduced by Joe Addabbo and 1 co-sponsor

Creates a free real-time stop-sale system to cap nonprescription ephedrine/pseudoephedrine at 3.6 g/day or 9 g/30 days, logging buyers and blocking excess sales.

REFERRED TO TRANSPORTATION
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Bill Summary · S 1243

Bill Summary — S.1243 (Commonwealth of Massachusetts)

Title displayed: “Relates to the regulation of motorized scooters” (note: the bill text actually concerns sales of products containing pseudoephedrine)

Status: Introduced (filed 01/16/2025); referred to committee(s) (see Timeline).
Primary sponsor (per text): Senator Pavel M. Payano.

Purpose

To establish a statewide, real‑time electronic “stop sale” sales‑tracking system and related rules to ensure nonprescription sales of products containing ephedrine, pseudoephedrine, or norpseudoephedrine do not exceed federal and state purchase limits. The system is intended to prevent diversion of these substances (commonly used to manufacture illegal methamphetamine) while standardizing retail recordkeeping and law enforcement access.

Key provisions

  • Definitions and system requirements

    • Creates a “real‑time stop sale system” that:
    • Must be free to retailers (no one‑time or recurring charge).
    • Must communicate in real time with similar systems in other states.
    • Must comply with FBI CJIS security policy and National Information Exchange Model standards.
    • Must block sales that would violate quantity limits and provide an override that logs each use.

  • Purchase/possession limits

    • A person may not buy (and a retailer may not sell) more than 3.6 grams per day or 9 grams per 30‑day period of ephedrine or pseudoephedrine base (applies to total base amount, not product weight).

  • Retail controls and recordkeeping

    • Nonprescription PSE/ephedrine products must be kept behind the counter or in a locked case.
    • Retailers must require government photo ID at point of sale and record: purchaser name/address; product name and quantity; date/time; ID type/number; and purchaser signature in a logbook.
    • Beginning January 1, 2026, retailers must electronically submit required data to the statewide real‑time stop sale system (if available free to retailers). If the electronic system is down, retailers must maintain written or alternative electronic records until restored.
    • The vendor must forward state transaction records weekly to the appropriate state agency and provide authorized in‑state law enforcement with real‑time portal access.

  • Stop‑sale and override

    • The system must generate a “stop sale alert” when completing a sale would exceed limits; retailers must not complete such sales.
    • An override is permitted if the dispenser reasonably fears imminent bodily harm by refusing the sale; each override use must be logged.

  • Liability, enforcement, and penalties

    • Retailers using the tracking system in compliance (absent negligence, wantonness, recklessness, or deliberate misconduct) are immune from civil liability for acts/omissions in carrying out duties under the provision.
    • Violations are misdemeanors punishable by fines only: up to $1,000 for a first violation and up to $5,000 for subsequent violations.
    • Dispensing in violation makes the owner/operator of the retail/wholesale establishment responsible.

  • Exemptions and preemption

    • Section does not apply to products obtained via valid prescription.
    • State law preempts and supersedes any local ordinances on PSE/ephedrine sales.

Who is affected

  • Retailers and pharmacies that sell nonprescription PSE/ephedrine products (must install procedure and use the statewide system).
  • Consumers purchasing nonprescription cold/allergy products containing PSE/ephedrine (subject to quantity limits and ID requirements).
  • Vendors/operators of the statewide real‑time system and the designated state agency (responsible for administration and law enforcement access).
  • Law enforcement (gains real‑time access for investigations/oversight).

Timeline & procedure

  • Filed in Massachusetts Senate: 01/16/2025 (Senate Docket No. 1599 / Senate No. 1243).
  • Introduced: listed as April 1, 2025 in provided metadata.
  • Referred to committee(s): Judiciary (per bill text header); legislative actions show referrals that include Transportation and Finance — the record appears to show multiple committee referrals/hearing dates (hearings noted for July 29, 2025).
  • Compliance date for mandatory electronic submission: January 1, 2026 (provided system is available free to retailers).

Notes and inconsistencies in provided materials

  • The bill text clearly concerns pseudoephedrine/ephedrine sales and a stop‑sale electronic system. However, the user-supplied bill title at the top referenced motorized scooters — that appears to be an error or mismatched metadata.
  • Sponsor/cosponsor lists included many U.S. Senators (e.g., Amy Klobuchar, Elizabeth Warren), which does not align with a Massachusetts state bill filed by Senator Pavel M. Payano. The official document names Pavel M. Payano as the petitioner/sponsor. Users should consult the Massachusetts legislative website for authoritative sponsor and committee assignment details and for current bill status.

Compiled from official sources — confirm details with the bill’s official record.

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