AN ACT

 

1Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2"An act relating to the manufacture, sale and possession of
3controlled substances, other drugs, devices and cosmetics;
4conferring powers on the courts and the secretary and
5Department of Health, and a newly created Pennsylvania Drug,
6Device and Cosmetic Board; establishing schedules of
7controlled substances; providing penalties; requiring
8registration of persons engaged in the drug trade and for the
9revocation or suspension of certain licenses and
10registrations; and repealing an act," further providing for
11penalties involving liquefied ammonia gas, precursors and
12chemicals.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 13.1 of the act of April 14, 1972
16(P.L.233, No.64), known as The Controlled Substance, Drug,
17Device and Cosmetic Act, amended April 29, 2010 (P.L.182,
18No.21), is amended to read:

19Section 13.1. Liquefied Ammonia Gas; Precursors and
20Chemicals.--(a) The following acts are prohibited:

21(1) Possessing or transporting liquefied ammonia gas:

22(i) for any purpose other than legitimate agricultural or
23industrial use; or

1(ii) in a container not approved by the Department of
2Agriculture or the Department of Transportation or both.

3(2) Possessing or transporting liquefied ammonia gas with
4intent to manufacture a controlled substance.

5(3) Possessing red phosphorous, hypophosphoric acid,
6ammonium sulfate, phosphorous, iodine, hydriodic acid,
7ephedrine, pseudoephedrine, lithium, sodium, potassium,
8sassafras oil, safrole oil or other oil containing safrole or
9equivalent, whether in powder or liquid form,
10phenylpropanolamine, phenyl acetone, methylamine, ammonium 
11sulfate, ammonium nitrate or phenyl acetic acid with intent to
12manufacture a controlled substance.

13(4) Possessing the esters, salts, optical isomers or salts
14of optical isomers of any of the substances under clause (3)
15with intent to manufacture a controlled substance.

16(b) A person who violates subsection (a)(1) commits a
17misdemeanor and upon conviction shall be sentenced to
18imprisonment not exceeding five years and to pay a fine not
19exceeding ten thousand dollars ($10,000).

20(c) A person who violates subsection (a)(2) [or], (3) or (4)
21commits a felony and upon conviction shall be sentenced to
22imprisonment not exceeding seven years and to pay a fine not
23exceeding fifteen thousand dollars ($15,000).

24Section 2. This act shall take effect in 60 days.