(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).
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].
35 P.S. § 780-113.1, PA ST 35 P.S. § 780-113.1
Current through 2020 Regular Session Act 77. Some statute sections may be more current, see credits for details.