MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary, Division B
By: Senator(s) Albritton
AN ACT TO AMEND SECTION 41-29-313, MISSISSIPPI CODE OF 1972, TO EXPAND THE LIST OF POSSIBLE PRECURSOR DRUGS AND CHEMICALS POSSESSED IN VIOLATION OF LAW FOR THE MANUFACTURE OF METHAMPHETAMINE, AND TO MAKE MANUFACTURE OF THE PRECURSORS THEMSELVES UNLAWFUL; TO AMEND SECTION 49-17-603, MISSISSIPPI CODE OF 1972, TO CONFORM INTERNAL REFERENCES; 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, manufacture, attempt to manufacture 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, manufacture, attempt to manufacture or distribute any two (2) or more of the listed precursor chemicals or drugs in any amount, knowing, or under circumstances where one reasonably should know, that the listed precursor chemical or drug will be used to unlawfully manufacture a controlled substance;
(b) The term "precursor drug or chemical" means a drug or chemical that, in addition to legitimate uses, may be used in manufacturing a controlled substance in violation of this chapter. The term includes any salt, optical isomer or salt of an optical isomer, whenever the existence of a 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. A "precursor drug or chemical" includes, but is not limited to, the following:
(i) Ether;
(ii) Anhydrous ammonia;
(iii) Pseudoephedrine;
(iv) Ephedrine;
(v) Denatured alcohol (Ethanol);
(vi) Lithium;
(vii) Freon;
(viii) Hydrochloric acid;
(ix) Hydriodic acid;
(x) Red phosphorous;
(xi) Iodine;
(xii) Sodium metal;
(xiii) Muriatic acid;
(xiv) Sulfuric acid;
(xv) Hydrogen chloride gas;
(xvi) Potassium;
(xvii) Methanol;
(xviii) Isopropyl alcohol;
(xix) Hexanes;
(xx) Heptanes;
(xxi) Acetone;
(xxii) Toluene;
(xxiii) Xylenes.
(c) 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 under circumstances where one reasonably should know, 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 (dosage unit and weight as defined in Section 41-29-139) of pseudoephedrine or ephedrine, knowing, or under circumstances where one reasonably should know, 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) Nothing in this section 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.
(4) 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.
(5) Any person who violates the provisions of this section with children under the age of eighteen (18) years present may be subject to a term of imprisonment or a fine, or both, of twice that provided in this section.
(6) Any person who violates the provisions of this section when the offense occurs in any hotel or apartment building or complex may be subject to a term of imprisonment or a fine, or both, of twice that provided in this section. For the purposes of this subsection (6), the following terms shall have the meanings ascribed to them:
(a) "Hotel" means a hotel, inn, motel, tourist court, apartment house, rooming house, or any other place where sleeping accommodations are furnished or offered for pay if four (4) or more rooms are available for transient guests.
(b) "Apartment building" means any building * * * having four (4) or more dwelling units, including, without limitation, a condominium building.
SECTION 2. Section 49-17-603, Mississippi Code of 1972, is amended as follows:
49-17-603. (1) The definitions used in this section are expressly limited to this section only, and the inclusion of indoor air in the definition of "waste" does not expand the jurisdiction of the Commission on Environmental Quality or the Department of Environmental Quality to include the regulation of indoor air:
(a) "By-product" means a substance produced without a separate intent during the manufacture, processing, use or disposal of another substance or mixture; and
(b) "Waste" means all liquid, gaseous, solid, radioactive or other substances that may pollute or tend to pollute any waters of the state or soil within the state, and any particulate matter, dust, fumes, gas, mist, smoke or vapor, or any combination thereof, that may pollute or tend to pollute air in the state, including indoor air.
(2) The generation of waste in any quantity by any person caused by the mixing, combining, processing or cooking together of two (2) or more precursor drugs or chemicals listed in Section 41-29-313 * * * is unlawful unless:
(a) The person has first obtained a generator identification number pursuant to the Resource Conservation and Recovery Act, 42 USCS Section 6901 et seq., and the regulations promulgated thereunder; or
(b) The person has first obtained a treatment, storage or disposal permit pursuant to the Resource Conservation and Recovery Act, 42 USCS Section 6901 et seq., and the regulations promulgated thereunder; or
(c) The process that generated the waste also, as part of the same process:
(i) Created a product that is not illegal to possess pursuant to Section 41-29-139(c);
(ii) Created a by-product that is not illegal to possess pursuant to Section 41-29-139(c), while not at the same time producing a controlled substance; or
(iii) Was a process of servicing, maintaining or cleaning an item or product that is not illegal to possess pursuant to Section 41-29-139(c).
(3) Any person who violates 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 may be both fined and imprisoned.
(4) Nothing in this section shall preclude any farmer or manufacturer from storing or using any of the listed precursor drugs or chemicals listed in Section 41-29-313 in the normal pursuit of farming or manufacturing operations.
(5) Nothing in this section shall preclude any wholesaler, retailer or pharmacist from possessing or selling precursor drugs or chemicals listed in Section 41-29-313 in the normal pursuit of business.
(6) Except as may be otherwise provided, a property owner or occupant of land shall not be criminally or civilly liable for the generation of waste caused by the criminal acts of persons other than the property owner or occupant of such land if the property owner or occupant did not have prior knowledge of the criminal activity.
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.