REPORT OF CONFERENCE COMMITTEE

S.B. No. 2623: Precursors; prohibit possession under certain circumstances.

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

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

(i) Purchase, possess, transfer or distribute any two (2) or more of the listed precursor chemicals or drugs in any amount with the intent to unlawfully manufacture a controlled substance;

(ii) Purchase, possess, transfer or distribute any two (2) or more of the listed precursor chemicals or drugs in any amount, knowing, or having probable cause to believe, that the listed precursor chemical or drug will be used to unlawfully manufacture a controlled substance;

(b) Any person who violates this subsection (1), 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.

(2) (a) It is unlawful for any person to knowingly or intentionally steal or unlawfully take or carry away any amount of anhydrous ammonia.

(b) Any person who violates this subsection (2), upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed five (5) years and shall be fined not more than Five Thousand Dollars ($5,000.00), or both fine and imprisonment.

(3) 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;

(m) Muriatic acid.

(4) Nothing in this act shall preclude any farmer from storing or using any of the listed precursor chemicals or drugs listed in this section in the normal pursuit of farming operations.

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

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