MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Huggins

AN ACT TO CODIFY SECTION 41-29-313, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE UNLAWFUL SALE, PURCHASE, POSSESSION, TRANSFER, THEFT OR DISTRIBUTION OF A LISTED CHEMICAL OR DRUG WITH THE INTENT TO UNLAWFULLY MANUFACTURE A CONTROLLED SUBSTANCE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following provision shall be codified as Section 41-29-313, Mississippi Code of 1972:

41-29-313. (1) Except as authorized in this section, it is unlawful for any person to knowingly or intentionally:

(a) Sell, purchase, possess, transfer, steal or distribute a listed precursor chemical or drug in any amount with the intent to unlawfully manufacture a controlled substance;

(b) Sell, purchase, possess, transfer, steal or distribute a listed precursor chemical or drug in any amount, knowing, or having a reasonable cause to believe, that the listed precursor chemical or drug will be used to unlawfully manufacture a controlled substance.

(2) The term "listed precursor chemical or drug" means a chemical or drug that, in addition to legitimate uses, may be used in manufacturing a controlled substance in violation of this chapter. Such term includes any salt, optical isomer or salt of an optical isomer, whenever the existence of such salt, optical isomer or salt of optical isomer is possible within the specific chemical designation. The chemicals or drugs listed in this section are included by whatever official, common, usual, chemical or trade name designated. The following are "listed precursor chemicals or drugs":

(a) Ethyl ether;

(b) Anhydrous ammonia;

(c) Pseudoephedrine;

(d) Ephedrine;

(e) Denatured alcohol;

(f) Lithium;

(g) Benzedrine;

(h) Hydrochloric acid;

(i) Hydriodic acid;

(j) Red phosphorous;

(k) Iodine;

(l) Sodium metal muriatic acid.

(3) Any person who violates subsection (1) of this section, upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed thirty (30) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00), or both fine and imprisonment.

SECTION 2. This act shall take effect and be in force from and after its passage.