The point I was making was that in the case you cited, the person charged didn't just blow far past the limit (because, again, they were abusing pseudoephedrine as a stimulant), but also took steps to avoid the limit (for instance, by striping their purchases across multiple pharmacies).
Perhaps the limit should be higher? Certainly, I agree in advance that people not making meth and not reselling shouldn't be getting prosecuted. But the story of William Fousse doesn't really have much to tell me about the public policy value of pseudoephedrine restrictions or about the likelihood that an especially allergic family might get caught up in it.
If you find other cases where something like that happened, I'm happy to dig into the filings as best I can.
Later
There are also a couple surveys of the state laws easily Googleable, and most of them have "knowingly" (for evading the limit) or "intent" (to manufacture meth) standards for the offenses themselves.
Here are a couple more. While both of these do involve state laws, one of which looks to have lower limits than the Federal law, the act itself appears to be purchasing pseudoephedrine for on-label use without knowingly skirting legal limits.
Didn't these both happen in the immediate wake of the pseudoephedrine ban, before the states built their automatic registry systems? Don't you get simply get denied your purchase if you try to buy over the limit now?
That does appear to be the case, however attempt to commit a crime is a crime. If prosecutions under that theory are not happening now, they're one "get tough on drugs" prosecutor away from happening.
Perhaps the limit should be higher? Certainly, I agree in advance that people not making meth and not reselling shouldn't be getting prosecuted. But the story of William Fousse doesn't really have much to tell me about the public policy value of pseudoephedrine restrictions or about the likelihood that an especially allergic family might get caught up in it.
If you find other cases where something like that happened, I'm happy to dig into the filings as best I can.
Later
There are also a couple surveys of the state laws easily Googleable, and most of them have "knowingly" (for evading the limit) or "intent" (to manufacture meth) standards for the offenses themselves.