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§ 780-113.4. Operating a methamphetamine laboratory and illegal dumping of methamphetamine wast...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 29, 2010

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 6. The Controlled Substance, Drug, Device and Cosmetic Act (Refs & Annos)
Effective: April 29, 2010
35 P.S. § 780-113.4
§ 780-113.4. Operating a methamphetamine laboratory and illegal dumping of methamphetamine waste
(a)(1) A person commits the offense of operating a methamphetamine laboratory if the person knowingly causes a chemical reaction involving ephedrine, pseudoephedrine or phenylpropanolamine, or any other precursor or reagent substance under section 13.1,1 for the purpose of manufacturing methamphetamine or preparing a precursor or reagent substance for the manufacture of methamphetamine.
(2) Except as provided in clause (3), an offense under this subsection constitutes a felony of the second degree and is also subject to 18 Pa.C.S. § 1110 (relating to restitution for cleanup of clandestine laboratories).
(3) A person who violates this subsection commits a felony of the first degree if the chemical reaction occurs within 1,000 feet of the real property on which is located a public, private or parochial school, a college or university or a nursery school or daycare center or within 250 feet of the real property on which is located a recreation center or playground. The person shall also be subject to 18 Pa.C.S. § 1110.
(4) This subsection does not apply to the manufacturing operation of a licensed pharmaceutical company in the normal course of business.
(b)(1) A person commits a felony of the third degree if he intentionally, knowingly or recklessly deposits, stores or disposes on any property a precursor or reagent substance, chemical waste or debris, used in or resulting from the manufacture of methamphetamine or the preparation of a precursor or reagent substance for the manufacture of methamphetamine.
(2) Clause (1) does not apply to the disposal of waste products:
(i) by a licensed pharmaceutical company in the normal course of business; or
(ii) pursuant to Federal or State laws regulating the cleanup or disposal of waste products from unlawful manufacturing of methamphetamine.
(c) In addition to restitution under 18 Pa.C.S. § 1110, a person who is convicted of an offense under this section shall be ordered to reimburse the appropriate law enforcement agency, emergency medical services organization, fire company or other organization for the costs of cleaning up the environmental hazards associated with the operation of the laboratory or the possession or use of a precursor or reagent substance to manufacture methamphetamine.

Credits

1972, April 14, P.L. 233, No. 64, § 13.4, added 2010, Feb. 17, P.L. 137, No. 8, § 2, effective in 60 days [April 19, 2010]. Amended 2010, April 29, P.L. 182, No. 21, § 3, imd. effective.
REPEALED IN PART
<The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-101 to 780-144, is repealed insofar as it subjects to a fine assets against which a forfeiture petition has been filed and is pending or against which the Commonwealth has indicated an intention to file a forfeiture petition, pursuant to 1988, March 25, P.L. 262, No. 31, § 15(c).>
<The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-101 to 780-144, is repealed insofar as inconsistent with the Wholesale Prescription Drug Distributors License Act, 63 P.S. § 391.1 et seq., pursuant to 1992, Dec. 14, P.L. 1116, No. 145, § 16.>
HISTORICAL AND STATUTORY NOTES
Act 2010-21 legislation
Act 2010-21, § 3, in subsec. (a)(1), substituted “, or any other precursor or reagent substance under section 13.1, for the purpose of manufacturing methamphetamine or preparing a precursor or reagent” for “or any of their salts, optical isomers or salts of optical isomers for the purpose of manufacturing methamphetamine or preparing a precursor”; in subsec. (a)(2), inserted “also”; in subsec. (a)(3), deleted “and is subject to 18 Pa.C.S. § 1110” preceding “if the chemical reaction” and added the second sentence; in subsec. (b)(1), twice inserted “or reagent”; and in subsec. (c), substituted “this section” for “subsection (a) or the use of a precursor substance to manufacture methamphetamine” and “possession or use of a precursor or reagent” for “use of a precursor”.

Footnotes

35 P.S. § 780-113.1.
35 P.S. § 780-113.4, PA ST 35 P.S. § 780-113.4
Current through 2019 Regular Session Act 1
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