PRINTER'S NO. 1575
No. 1327 Session of 2005
INTRODUCED BY BALDWIN, ARGALL, BAKER, BOYD, CALTAGIRONE,
CAPPELLI, CAUSER, CLYMER, CRAHALLA, CRUZ, DALLY, DENLINGER,
DeWEESE, DiGIROLAMO, J. EVANS, FABRIZIO, FLEAGLE, FRANKEL,
GEIST, GINGRICH, GOOD, GRELL, HENNESSEY, HERMAN, HERSHEY,
HICKERNELL, W. KELLER, KILLION, MAJOR, MARSICO, McILHATTAN,
PICKETT, PYLE, RAPP, REICHLEY, SCAVELLO, R. STEVENSON,
E. Z. TAYLOR, TRUE, TURZAI, WATSON, WHEATLEY, WILT AND
YOUNGBLOOD, APRIL 11, 2005
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 11, 2005
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, added July 15, 2004 (P.L.729, No.84),
17 is amended to read:
18 Section 13.1. Liquefied Ammonia Gas; Precursors and
19 Chemicals.--(a) The following acts are prohibited:
1 (1) Possessing or transporting liquefied ammonia gas:
2 (i) for any purpose other than legitimate agricultural or
3 industrial use; or
4 (ii) in a container not approved by the Department of
5 Agriculture or the Department of Transportation or both.
6 (2) Possessing or transporting liquefied ammonia gas with
7 intent to unlawfully manufacture a controlled substance.
8 (3) Possessing [red phosphorous, hypophosphoric acid,
9 ammonium sulfate, phosphorous, iodine, hydriodic acid,
10 ephedrine, pseudoephedrine, lithium, sodium, potassium,
11 sassafras oil, safrole oil or other oil containing safrole or
12 equivalent, whether in powder or liquid form,] a precursor
13 substance with intent to unlawfully manufacture a controlled
14 substance.
15 (b) A person who violates subsection (a)(1) commits a
16 misdemeanor and upon conviction shall be sentenced to
17 imprisonment not exceeding five years and to pay a fine not
18 exceeding ten thousand dollars ($10,000).
19 (c) A person who violates subsection (a)(2) or (3) commits a
20 felony and upon conviction shall be sentenced to imprisonment
21 not exceeding seven years and to pay a fine not exceeding
22 fifteen thousand dollars ($15,000).
23 (d) As used in this section, the term "precursor substance"
24 means red phosphorous, hypophosphoric acid, ammonium sulfate,
25 phosphorous, iodine, hydriodic acid or ephedrine,
26 pseudoephedrine, phenylpropanolamine or any of their salts or
27 optical isomers, or salts of optical isomers or lithium, sodium,
28 potassium, sassafras oil or safrole oil or other oil containing
29 safrole or equivalent, whether in powder or liquid form. In
30 addition, the secretary may, by regulation, upon his own motion
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1 or on the petition of any interested party add a chemical as a
2 precursor substance. The regulations shall be adopted in
3 accordance with the act of July 31, 1968 (P.L.769, No.240),
4 referred to as the Commonwealth Documents Law. In determining
5 whether to add a chemical, the secretary shall consider all of
6 the following:
7 (1) Whether the chemical is already a controlled substance.
8 (2) The availability of the chemical for potential illegal
9 diversion.
10 (3) The historical, actual or potential use of the chemical
11 in the illegal production of a controlled substance, including
12 the scope, duration and significance of use.
13 (4) The nature and extent of the legitimate uses of the
14 chemical.
15 (5) The clandestine and legitimate importation, manufacture
16 or distribution of the chemical.
17 (6) Any other factors relevant to and consistent with public
18 health and safety.
19 Section 2. This act shall take effect in 60 days.
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