Bill Text: PA HB1239 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for liquefied ammonia gas, precursors and chemicals.

Spectrum: Slight Partisan Bill (Republican 18-6)

Status: (Introduced - Dead) 2011-03-31 - Referred to JUDICIARY [HB1239 Detail]

Download: Pennsylvania-2011-HB1239-Introduced.html

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PRINTER'S NO. 1358
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1239 Session of2011
INTRODUCED BY BAKER, MAJOR, STERN, PICKETT, BOYD, CAUSER, DALEY, DeLUCA, DENLINGER, J. EVANS, GEIST, GOODMAN, HENNESSEY, HESS, KORTZ, MICOZZIE, MOUL, MURT, RAPP, READSHAW, STABACK, STEVENSON, J. TAYLOR AND VULAKOVICH, MARCH 31, 2011
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 31, 2011
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
liquefied ammonia gas, precursors and chemicals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13.1 of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, amended April 29, 2010 (P.L.182,
No.21), is amended to read:
Section 13.1. Liquefied Ammonia Gas; Precursors and
Chemicals.--(a) The following acts are prohibited:
(1) Possessing or transporting liquefied ammonia gas:
(i) for any purpose other than legitimate agricultural or
industrial use; or
(ii) in a container not approved by the Department of
Agriculture or the Department of Transportation or both.
(2) Possessing or transporting liquefied ammonia gas with
intent to unlawfully manufacture a controlled substance.
(3) Possessing [red phosphorous, hypophosphoric acid,
ammonium sulfate, phosphorous, iodine, hydriodic acid,
ephedrine, pseudoephedrine, lithium, sodium, potassium,
sassafras oil, safrole oil or other oil containing safrole or
equivalent, whether in powder or liquid form,]
phenylpropanolamine, phenyl acetone, methylamine, ammonium
sulfate, ammonium nitrate or phenyl acetic acid or a precursor
substance with intent to unlawfully manufacture a controlled
substance.
(4) Possessing the esters, salts, optical isomers or salts
of optical isomers of any of the substances under clause (3)
with intent to manufacture a controlled substance.
(b) A person who violates subsection (a)(1) commits a
misdemeanor and upon conviction shall be sentenced to
imprisonment not exceeding five years and to pay a fine not
exceeding ten thousand dollars ($10,000).
(c) A person who violates subsection (a)(2) or (3) commits a
felony and upon conviction shall be sentenced to imprisonment
not exceeding seven years and to pay a fine not exceeding
fifteen thousand dollars ($15,000).
(d) As used in this section, the term "precursor substance"
means red phosphorous, hypophosphoric acid, ammonium sulfate,
phosphorous, iodine, hydriodic acid or ephedrine,
pseudoephedrine, phenylpropanolamine or any of their salts or
optical isomers, or salts of optical isomers or lithium, sodium,
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potassium, sassafras oil or safrole oil or other oil containing
safrole or equivalent, whether in powder or liquid form. In
addition, the secretary may, by regulation, upon his own motion
or on the petition of any interested party add a chemical as a
precursor substance. The regulations shall be adopted in
accordance with the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law. In determining
whether to add a chemical, the secretary shall consider all of
the following:
(1) Whether the chemical is already a controlled substance.
(2) The availability of the chemical for potential illegal
diversion.
(3) The historical, actual or potential use of the chemical
in the illegal production of a controlled substance, including
the scope, duration and significance of use.
(4) The nature and extent of the legitimate uses of the
chemical.
(5) The clandestine and legitimate importation, manufacture
or distribution of the chemical.
(6) Any other factors relevant to and consistent with public
health and safety.
Section 2. This act shall take effect in 60 days.
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