Liquefied Ammonia Gas; Precursors and Chemicals

Act 64 of 1972, § 13.1, under CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, THE.

Act 64 of 1972, § 13.1

Section 13.1. Liquefied Ammonia Gas; Precursors and Chemicals.--(a) The following acts are prohibited:

(1) Possessing or transporting liquefied ammonia gas:

(i) for any purpose other than legitimate agricultural or industrial use; or

(ii) in a container not approved by the Department of Agriculture or the Department of Transportation or both.

(2) Possessing or transporting liquefied ammonia gas with intent to unlawfully manufacture a controlled substance.

(3) Possessing phenylpropanolamine, phenyl acetone, methylamine, ammonium sulfate, ammonium nitrate, phenyl acetic acid or a precursor substance with intent to unlawfully manufacture a controlled substance.

(4) Possessing the esters, salts, optical isomers or salts of optical isomers of any of the substances under clause (3) with intent to manufacture a controlled substance.

(b) A person who violates subsection (a)(1) commits a misdemeanor and upon conviction shall be sentenced to imprisonment not exceeding five years and to pay a fine not exceeding ten thousand dollars ($10,000).

(c) A person who violates subsection (a)(2), (3) or (4) commits a felony and upon conviction shall be sentenced to imprisonment not exceeding seven years and to pay a fine not exceeding fifteen thousand dollars ($15,000).

(d) As used in this section, the term "precursor substance" means:

(1) red phosphorous, hypophosphoric acid, ammonium sulfate, phosphorous, iodine, hydriodic acid or ephedrine, pseudoephedrine, phenylpropanolamine or any of their salts or optical isomers;

(2) salts of optical isomers or lithium, sodium, potassium, sassafras oil or safrole oil or other oil containing safrole or equivalent, whether in powder or liquid form; and

(3) any chemical in a regulation promulgated by the secretary under section 35(b).

(13.1 amended June 8, 2016, P.L.258, No.37)