Home Table of Contents

§ 780-113.1. Liquefied ammonia gas; precursors and chemicals

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: August 8, 2016

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: August 8, 2016
35 P.S. § 780-113.1
§ 780-113.1. 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).1

Credits

1972, April 14, P.L. 233, No. 64, § 13.1, added 2004, July 15, P.L. 729, No. 84, § 1, effective Sept. 13, 2004. Amended 2010, April 29, P.L. 182, No. 21, § 2, imd. effective; 2013, June 24, P.L. 147, No. 26, § 1, effective in 60 days [Aug. 23, 2013]; 2016, June 8, P.L. 258, No. 37, § 3, effective in 60 days [Aug. 8, 2016].
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, § 2, in subsec. (a)(3), inserted “phenylpropanolamine, phenyl acetone, methylamine, ammonium sulfate, ammonium nitrate or phenyl acetic acid”; and added subsec. (a)(4).
Act 2013-26 legislation
Act 2013-26, § 1, in subsec. (c), substituted “violates subsection (a)(2), (3) or (4)” for “violates subsection (a)(2) or (3)”.
Act 2016-37 legislation
Act 2016-37, § 3, in subsec. (a)(2), inserted “unlawfully”; rewrote subsec. (a)(3), which prior thereto read:
“(3) Possessing red phosphorous, hypophosphoric acid, ammonium sulfate, phosphorous, iodine, hydriodic acid, ephedrine, pseudoephedrine, lithium, sodium, potassium, sassafras oil, safrole oil or other oil containing safrole or equivalent, whether in powder or liquid form, phenylpropanolamine, phenyl acetone, methylamine, ammonium sulfate, ammonium nitrate or phenyl acetic acid with intent to manufacture a controlled substance.”
; and added subsec. (d).

Footnotes

35 P.S. § 780-135.
35 P.S. § 780-113.1, PA ST 35 P.S. § 780-113.1
Current through 2019 Regular Session Act 1
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.