PRINTER'S NO. 480
No. 432 Session of 2007
INTRODUCED BY GORDNER, MADIGAN, ROBBINS, WONDERLING, ARMSTRONG, BOSCOLA, BROWNE, BRUBAKER, COSTA, ERICKSON, FONTANA, KASUNIC, LOGAN, ORIE, PUNT, RAFFERTY, REGOLA, RHOADES, TARTAGLIONE, TOMLINSON, WAUGH AND D. WHITE, MARCH 14, 2007
REFERRED TO JUDICIARY, MARCH 14, 2007
AN ACT 1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled 2 "An act relating to the manufacture, sale and possession of 3 controlled substances, other drugs, devices and cosmetics; 4 conferring powers on the courts and the secretary and 5 Department of Health, and a newly created Pennsylvania Drug, 6 Device and Cosmetic Board; establishing schedules of 7 controlled substances; providing penalties; requiring 8 registration of persons engaged in the drug trade and for the 9 revocation or suspension of certain licenses and 10 registrations; and repealing an act," providing for the 11 offenses of operating a methamphetamine laboratory and 12 illegal dumping of methamphetamine waste. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. The act of April 14, 1972 (P.L.233, No.64), known 16 as The Controlled Substance, Drug, Device and Cosmetic Act, is 17 amended by adding a section to read: 18 Section 13.3. Operating a Methamphetamine Laboratory and 19 Illegal Dumping of Methamphetamine Waste.--(a) (1) A person 20 commits the offense of operating a methamphetamine laboratory if 21 the person knowingly causes a chemical reaction involving 22 ephedrine, pseudoephedrine or phenylpropanolamine or any of
1 their salts, optical isomers or salts of optical isomers for the 2 purpose of manufacturing methamphetamine or preparing a 3 precursor substance for the manufacture of methamphetamine. 4 (2) Except as provided in paragraph (3), an offense under 5 this subsection constitutes a felony of the second degree and is 6 subject to 18 Pa.C.S. § 1110 (relating to restitution for 7 cleanup of clandestine laboratories). 8 (3) A person who violates this subsection commits a felony 9 of the first degree if the chemical reaction occurs within 1,000 10 feet of the real property on which is located a public, private 11 or parochial school, a college or university or a nursery school 12 or day care center, or within 250 feet of the real property on 13 which is located a recreation center or playground and shall be 14 sentenced as provided in 18 Pa.C.S. § 6317 (relating to drug- 15 free school zones). 16 (4) This subsection does not apply to the manufacturing 17 operation of a licensed pharmaceutical company in the normal 18 course of business. 19 (b) (1) A person commits a felony of the third degree if he 20 intentionally, knowingly or recklessly deposits, stores or 21 disposes on any property a precursor substance, chemical waste 22 or debris, used in or resulting from the manufacture of 23 methamphetamine or the preparation of a precursor substance for 24 the manufacture of methamphetamine. 25 (2) Paragraph (1) does not apply to the disposal of waste 26 products: 27 (i) by a licensed pharmaceutical company in the normal 28 course of business; or 29 (ii) pursuant to Federal or State laws regulating the 30 cleanup or disposal of waste products from unlawful 20070S0432B0480 - 2 -
1 manufacturing of methamphetamine. 2 (c) In addition to restitution under 18 Pa.C.S. § 1110, a 3 person who is convicted of an offense under subsection (a) or 4 the use of a precursor substance to manufacture methamphetamine 5 shall be ordered to reimburse the appropriate law enforcement 6 agency, emergency medical services organization, fire company or 7 other organization for the costs of cleaning up the 8 environmental hazards associated with the operation of the 9 laboratory or the use of a precursor substance to manufacture 10 methamphetamine. 11 Section 2. This act shall take effect in 60 days. A30L35DMS/20070S0432B0480 - 3 -