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§ 780-113.3. Methamphetamine production

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. § 780-113.3
§ 780-113.3. Methamphetamine production
(a) Proof that a person had in his possession more than 40 grams or 15 packages of any drug containing ephedrine, pseudoephedrine or phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers as an active ingredient shall give rise to a rebuttable presumption that the person acted with intent to manufacture methamphetamine.
(b) Proof that a person had in his possession any amount of ephedrine, pseudoephedrine or phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers and at the same time possessed any amount of any other precursor or reagent substance under section 13.11 shall give rise to a rebuttable presumption that the person acted with intent to manufacture methamphetamine.
(c) The provisions of this section shall not apply to a licensed pharmaceutical manufacturer, wholesaler, or the sales representative of a licensed manufacturer or wholesaler, or to a licensed pharmacist or licensed health care professional, or to any other person engaged by a licensed manufacturer, wholesaler, pharmacist or health care provider, who lawfully markets, transports, delivers or dispenses a product containing ephedrine, pseudoephedrine or phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers.

Credits

1972, April 14, P.L. 233, No. 64, § 13.3, 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REPEALED IN PART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The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-101 to 780-144, is repealed insofar as it subjects to a fine assets against which a forfeiture petition has been filed and is pending or against which the Commonwealth has indicated an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The Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. §§ 780-101 to 780-144, is repealed insofar as inconsistent with the Wholesale Prescription Drug Distributors License Act, 63 P.S. § 391.1 et seq., pursuant to 1992, Dec. 14, P.L. 1116, No. 145,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. (b), substituted “and at the same time possessed any amount of any other precursor or reagent” for “as an active ingredient and at the same time possessed any amount of any precursor”; and throughout the section, substituted “pseudoephedrine or” for “pseudoephedrine,”.

Footnotes

35 P.S. § 780-113.1.
35 P.S. § 780-113.3, PA ST 35 P.S. § 780-113.3
Current through 2019 Regular Session Act 1
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