MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Turner, Tollison

AN ACT TO AMEND SECTION 41-29-313, MISSISSIPPI CODE OF 1972, TO REVISE THE POSSESSION OF PRECURSORS OF METHAMPHETAMINE PRODUCTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-29-313, Mississippi Code of 1972, is amended as follows:

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) It is unlawful for any person to purchase, possess, transfer or distribute any amount of anhydrous ammonia, knowing, or having probable cause to believe, that the anhydrous ammonia will be used to unlawfully manufacture a controlled substance.

(c) It is unlawful for any person to purchase, possess, transfer or distribute two hundred fifty (250) dosage units or fifteen (15) grams in weight, as "dosage unit" and "weight" are defined in Section 41-29-139, of pseudoephedrine or ephedrine, knowing, or having probable cause to believe, that the pseudoephedrine or ephedrine will be used to unlawfully manufacture a controlled substance.

(d) 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 drug or chemical * * *" means a precursor drug or chemical * * * 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 drugs or chemicals * * *":

(a) * * * Ether;

(b) Anhydrous ammonia;

(c) Pseudoephedrine;

(d) Ephedrine;

(e) Denatured alcohol or ethanol;

(f) Lithium;

(g) Freon;

(h) Hydrochloric acid;

(i) Hydriodic acid;

(j) Red phosphorous;

(k) Iodine;

(l) Sodium metal;

(m) Muriatic acid;

(n) Sulfuric acid;

(o) Hydrogen chloride gas;

(p) Potassium;

(q) Methanol;

(r) Isopropyl alcohol;

(s) Hexanes;

(t) Heptanes;

(u) Acetone;

(v) Toluene;

(w) Xylenes.

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

(5) Nothing in this section shall preclude any wholesaler, retailer or pharmacist from possessing or selling the listed precursor drugs or chemicals in the normal pursuit of business.

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