HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, ORIE, RAFFERTY, COSTA, BOSCOLA, EARLL, ALLOWAY, BAKER, EICHELBERGER, ERICKSON, FONTANA, KASUNIC, KITCHEN, LOGAN, O'PAKE, ROBBINS, TARTAGLIONE, TOMLINSON, WAUGH, D. WHITE, WILLIAMS, WOZNIAK, YAW, WONDERLING AND WASHINGTON, JANUARY 30, 2009

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 10, 2010   

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," providing for

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environmental costs. further providing for prohibited acts

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and penalties, for liquefied ammonia gas, precursors and

chemicals, for methamphetamine production, for operating a

methamphetamine laboratory and illegal dumping of

methamphetamine waste and for environmental costs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 14, 1972 (P.L.233, No.64), known

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as The Controlled Substance, Drug, Device and Cosmetic Act, is

amended by adding a section to read:

Section 13.3.  Environmental Costs.--In addition to

restitution under 18 Pa.C.S. § 1110 (relating to restitution for

cleanup of clandestine laboratories), a person who is convicted

of an offense involving the operation of a methamphetamine

laboratory or the use of a precursor substance to manufacture

methamphetamine shall be ordered to reimburse the appropriate

law enforcement agency, emergency medical services organization,

fire company or other organization for the costs of cleaning up

the environmental hazards associated with the operation of the

laboratory or the use of a precursor substance to manufacture

methamphetamine.

Section 2.  This act shall take effect in 60 days.

Section 1.  Section 13(a)(39) of the act of April 14, 1972

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(P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act, added February 17, 2010 (P.L.  , No.8),   

is amended to read:

Section 13.  Prohibited Acts; Penalties.--(a)  The following

acts and the causing thereof within the Commonwealth are hereby

prohibited:

* * *

(39)  The knowing possession of ephedrine, pseudoephedrine[,]

or phenylpropanolamine [or a product containing ephedrine,

pseudoephedrine, phenylpropanolamine], or any of their salts,

optical isomers or salts of optical isomers with the intent to

manufacture methamphetamine.

* * *

Section 2.  Section 13.1 of the act, added July 15, 2004

(P.L.729, No.84), 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 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 with intent to

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).

Section 3.  Sections 13.3, 13.4 and 13.5 of the act, added

February 17, 2010 (P.L.  , No.8), are amended to read:

Section 13.3.  Methamphetamine Production.--(a)  Proof that a

person had in his possession more than 40 grams or 15 packages

of any drug containing ephedrine, pseudoephedrine[,] or 

phenylpropanolamine, or any of their salts, optical isomers or

salts of optical isomers as an active ingredient shall give rise

to a rebuttable presumption that the person acted with intent to

manufacture methamphetamine.

(b)  Proof that a person had in his possession any amount of

ephedrine, pseudoephedrine[,] or phenylpropanolamine, or any of

their salts, optical isomers or salts of optical isomers [as an

active ingredient] and at the same time possessed any amount of

any [precursor] other precursor or reagent substance under

section 13.1 shall give rise to a rebuttable presumption that

the person acted with intent to manufacture methamphetamine.

(c)  The provisions of this section shall not apply to a

licensed pharmaceutical manufacturer, wholesaler, or the sales

representative of a licensed manufacturer or wholesaler, or to a

licensed pharmacist or licensed health care professional, or to

any other person engaged by a licensed manufacturer, wholesaler,

pharmacist or health care provider, who lawfully markets,

transports, delivers or dispenses a product containing

ephedrine, pseudoephedrine[,] or phenylpropanolamine, or any of

their salts, optical isomers or salts of optical isomers.

Section 13.4.  Operating a Methamphetamine Laboratory and

Illegal Dumping of Methamphetamine Waste.--(a)  (1)  A person

commits the offense of operating a methamphetamine laboratory if

the person knowingly causes a chemical reaction involving

ephedrine, pseudoephedrine or phenylpropanolamine [or any of

their salts, optical isomers or salts of optical isomers], or

any other precursor or reagent substance under section 13.1, for

the purpose of manufacturing methamphetamine or preparing a

precursor or reagent substance for the manufacture of

methamphetamine.

(2)  Except as provided in clause (3), an offense under this

subsection constitutes a felony of the second degree and is also 

subject to 18 Pa.C.S. § 1110 (relating to restitution for

cleanup of clandestine laboratories).

(3)  A person who violates this subsection commits a felony

of the first degree [and is subject to 18 Pa.C.S. § 1110] if the

chemical reaction occurs within 1,000 feet of the real property

on which is located a public, private or parochial school, a

college or university or a nursery school or daycare center or

within 250 feet of the real property on which is located a

recreation center or playground. The person shall also be

subject to 18 Pa.C.S. § 1110.

(4)  This subsection does not apply to the manufacturing

operation of a licensed pharmaceutical company in the normal

course of business.

(b)  (1)  A person commits a felony of the third degree if he

intentionally, knowingly or recklessly deposits, stores or

disposes on any property a precursor or reagent substance,

chemical waste or debris, used in or resulting from the

manufacture of methamphetamine or the preparation of a precursor

or reagent substance for the manufacture of methamphetamine.

(2)   Clause (1) does not apply to the disposal of waste

products:

(i)  by a licensed pharmaceutical company in the normal

course of business; or

(ii)  pursuant to Federal or State laws regulating the

cleanup or disposal of waste products from unlawful

manufacturing of methamphetamine.

(c)  In addition to restitution under 18 Pa.C.S. § 1110, a

person who is convicted of an offense under [subsection (a) or

the use of a precursor substance to manufacture methamphetamine]

this section shall be ordered to reimburse the appropriate law

enforcement agency, emergency medical services organization,

fire company or other organization for the costs of cleaning up

the environmental hazards associated with the operation of the

laboratory or the possession or use of a precursor or reagent 

substance to manufacture methamphetamine.

Section 13.5.  Environmental Costs.--In addition to

restitution under 18 Pa.C.S. § 1110 (relating to restitution for

cleanup of clandestine laboratories), a person who is convicted

of an offense involving the operation of a methamphetamine

laboratory or the possession or use of a precursor or reagent 

substance to manufacture methamphetamine shall be ordered to

reimburse the appropriate law enforcement agency, emergency

medical services organization, fire company or other

organization for the costs of cleaning up the environmental

hazards associated with the operation of the laboratory or the  

possession or use of a precursor or reagent substance to

manufacture methamphetamine.

Section 4.  This act shall take effect April 19, 2010, or

immediately, whichever is later.