| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY BAKER, MAJOR, STERN, PICKETT, BOYD, CAUSER, DALEY, DeLUCA, DENLINGER, J. EVANS, GEIST, GOODMAN, HENNESSEY, HESS, KORTZ, MICOZZIE, MOUL, MURT, RAPP, READSHAW, STABACK, STEVENSON, J. TAYLOR AND VULAKOVICH, MARCH 31, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 31, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of April 14, 1972 (P.L.233, No.64), entitled |
2 | "An act relating to the manufacture, sale and possession of |
3 | controlled substances, other drugs, devices and cosmetics; |
4 | conferring powers on the courts and the secretary and |
5 | Department of Health, and a newly created Pennsylvania Drug, |
6 | Device and Cosmetic Board; establishing schedules of |
7 | controlled substances; providing penalties; requiring |
8 | registration of persons engaged in the drug trade and for the |
9 | revocation or suspension of certain licenses and |
10 | registrations; and repealing an act," further providing for |
11 | liquefied ammonia gas, precursors and chemicals. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 13.1 of the act of April 14, 1972 |
15 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
16 | Device and Cosmetic Act, amended April 29, 2010 (P.L.182, |
17 | No.21), is amended to read: |
18 | Section 13.1. Liquefied Ammonia Gas; Precursors and |
19 | Chemicals.--(a) The following acts are prohibited: |
20 | (1) Possessing or transporting liquefied ammonia gas: |
21 | (i) for any purpose other than legitimate agricultural or |
|
1 | industrial use; or |
2 | (ii) in a container not approved by the Department of |
3 | Agriculture or the Department of Transportation or both. |
4 | (2) Possessing or transporting liquefied ammonia gas with |
5 | intent to unlawfully manufacture a controlled substance. |
6 | (3) Possessing [red phosphorous, hypophosphoric acid, |
7 | ammonium sulfate, phosphorous, iodine, hydriodic acid, |
8 | ephedrine, pseudoephedrine, lithium, sodium, potassium, |
9 | sassafras oil, safrole oil or other oil containing safrole or |
10 | equivalent, whether in powder or liquid form,] |
11 | phenylpropanolamine, phenyl acetone, methylamine, ammonium |
12 | sulfate, ammonium nitrate or phenyl acetic acid or a precursor |
13 | substance with intent to unlawfully manufacture a controlled |
14 | substance. |
15 | (4) Possessing the esters, salts, optical isomers or salts |
16 | of optical isomers of any of the substances under clause (3) |
17 | with intent to manufacture a controlled substance. |
18 | (b) A person who violates subsection (a)(1) commits a |
19 | misdemeanor and upon conviction shall be sentenced to |
20 | imprisonment not exceeding five years and to pay a fine not |
21 | exceeding ten thousand dollars ($10,000). |
22 | (c) A person who violates subsection (a)(2) or (3) commits a |
23 | felony and upon conviction shall be sentenced to imprisonment |
24 | not exceeding seven years and to pay a fine not exceeding |
25 | fifteen thousand dollars ($15,000). |
26 | (d) As used in this section, the term "precursor substance" |
27 | means red phosphorous, hypophosphoric acid, ammonium sulfate, |
28 | phosphorous, iodine, hydriodic acid or ephedrine, |
29 | pseudoephedrine, phenylpropanolamine or any of their salts or |
30 | optical isomers, or salts of optical isomers or lithium, sodium, |
|
1 | potassium, sassafras oil or safrole oil or other oil containing |
2 | safrole or equivalent, whether in powder or liquid form. In |
3 | addition, the secretary may, by regulation, upon his own motion |
4 | or on the petition of any interested party add a chemical as a |
5 | precursor substance. The regulations shall be adopted in |
6 | accordance with the act of July 31, 1968 (P.L.769, No.240), |
7 | referred to as the Commonwealth Documents Law. In determining |
8 | whether to add a chemical, the secretary shall consider all of |
9 | the following: |
10 | (1) Whether the chemical is already a controlled substance. |
11 | (2) The availability of the chemical for potential illegal |
12 | diversion. |
13 | (3) The historical, actual or potential use of the chemical |
14 | in the illegal production of a controlled substance, including |
15 | the scope, duration and significance of use. |
16 | (4) The nature and extent of the legitimate uses of the |
17 | chemical. |
18 | (5) The clandestine and legitimate importation, manufacture |
19 | or distribution of the chemical. |
20 | (6) Any other factors relevant to and consistent with public |
21 | health and safety. |
22 | Section 2. This act shall take effect in 60 days. |
|