Bill H.1774

HOUSE DOCKET, NO. 576 FILED ON: 1/12/2009

HOUSE . . . . . . . . . . . . . . . No. 1774

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act criminalizing the possession of ingredients for manufactured drugs..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 94C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following section:-

Section 32L

Section 1. (a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing the chemicals listed in the following combinations, with the intent to

manufacture phencyclidine (PCP) or any of its analogs is guilty of a felony and shall be punished by imprisonment in the state prison for 5 years:

(1) Piperidine and cyclohexanone.

(2) Pyrrolidine and cyclohexanone.

(3) Morpholine and cyclohexanone.

(b) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section, with the intent to manufacture these controlled substances is guilty of a felony and shall be punished by imprisonment in the

state prison for 5 years:

(1) Phencyclidine (PCP).

(2) Any analog of PCP

(c) Any person who possesses any compound or mixture containing piperidine, cyclohexanone, pyrrolidine, morpholine, 1-phenylcyclohexylamine (PCA),

1-piperidinocyclohexanecarbonitrile (PCC), or phenylmagnesium bromide (PMB) with the intent to manufacture phencyclidine, is guilty of a felony and shall be punished by imprisonment in the state prison for 5 years.

(d) Any person who possesses immediate precursors sufficient for the manufacture of piperidine, cyclohexanone, pyrrolidine, morpholine, or phenylmagnesium bromide (PMB) with the intent to manufacture phencyclidine, is guilty of a felony and shall be

punished by imprisonment in the state prison for 5 years.

(e) This section does not apply to drug manufacturers licensed by this state or persons authorized by regulation of the board of registration in pharmacy to possess those substances or combinations of substances.

SECTION 2. (a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to manufacture methamphetamine, or who possesses both ethylamine and phenyl-2-propanone (phenylacetone) at the

same time with the intent to manufacture N-ethylamphetamine, is guilty of a felony and shall be punished by imprisonment in the state prison for 5 years.

(b) (1) Any person who, with the intent to manufacture methamphetamine or any of its analogs, possesses ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses a substance containing

ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses at the same time any of the following, or a combination product thereof, is guilty of a felony and shall be punished by

imprisonment in the state prison for 5 years:

(A) Ephedrine, pseudoephedrine, norpseudoephedrine,

N-methylephedrine, N-ethylephedrine,

N-methylpseudoephedrine, N-ethylpseudoephedrine, or

phenylpropanolamine, plus hydriodic acid.

(B) Ephedrine, pseudoephedrine, norpseudoephedrine,

N-methylephedrine, N-ethylephedrine,

N-methylpseudoephedrine, N-ethylpseudoephedrine, or

phenylpropanolamine, thionyl chloride and hydrogen gas.

N-methylephedrine, N-ethylephedrine,

N-methylpseudoephedrine, N-ethylpseudoephedrine, or

phenylpropanolamine, plus phosphorus pentachloride and

hydrogen gas.

(D) Ephedrine, pseudoephedrine, norpseudoephedrine,

N-methylephedrine, N-ethylephedrine,

N-methylpseudoephedrine, N-ethylpseudoephedrine,

chloroephedrine and chloropseudoephedrine, or

phenylpropanolamine, plus any reducing agent

(2) Any person who, with the intent to manufacture methamphetamine or any of its analogs, possesses hydriodic acid or a reducing agent or any product containing hydriodic acid or a reducing agent is guilty of a felony and shall be punished by imprisonment

in the state prison for 5 years.

(c) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section, with the intent to manufacture any of the following controlled substances, is guilty of a felony and shall be punished by imprisonment in the state prison for 5 years:

(1) Methamphetamine.

(2) Any analog of methamphetamine

(3) N-ethylamphetamine.

(d) Any person who possesses immediate precursors sufficient for the manufacture of methylamine, ethylamine, phenyl-2-propanone, ephedrine, pseudoephedrine,

norpseudoephedrine, N-methylephedrine, N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing agent, thionyl chloride, or phosphorus pentachloride, with the intent to manufacture methamphetamine, is guilty of a felony and shall be

punished by imprisonment in the state prison for 5 years.

(e) Any person who possesses essential chemicals sufficient to manufacture hydriodic acid or a reducing agent, with the intent to manufacture methamphetamine, is guilty of a felony and shall be punished by imprisonment in the state prison for 5 years.

(f) Any person who possesses any compound or mixture containing ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing agent, thionyl chloride, or

phosphorus pentachloride, with the intent to manufacture methamphetamine, is guilty of a felony and shall be punished by imprisonment in the state prison for 5 years.

(g) For purposes of this section, a “reducing agent” for the purposes of manufacturing methamphetamine means an agent that causes reduction to occur by either donating a hydrogen atom to an organic compound or by removing an oxygen atom

from an organic compound.

(h) This section does not apply to drug manufacturers licensed by this state or persons authorized by regulation of the board of registration in pharmacy to possess those substances or combinations of substances.

SECTION 3. (a) Any person who possesses at the same time any of the following combinations, a combination product thereof, or possesses any compound or mixture containing the chemicals listed in the following combinations, with the intent to sell, transfer, or otherwise furnish those chemicals, combinations, or mixtures to another person with the knowledge that they will be used to manufacture phencyclidine (PCP) or any of its analogs is guilty of a misdemeanor and shall be punished by imprisonment in the house of correction for up to 2 and ½ years:

(1) Piperidine and cyclohexanone.

(2) Pyrrolidine and cyclohexanone.

(3) Morpholine and cyclohexanone.

(b) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section with the intent to sell, transfer, or otherwise furnish the isomer to another person with the knowledge that they will be used to manufacture these controlled substances is guilty of a misdemeanor and shall be punished by imprisonment in the house of correction for up to 2 and ½ years:

(1) Phencyclidine (PCP).

(2) Any analog of PCP

(c) Any person who possesses any compound or mixture containing piperidine, cyclohexanone, pyrrolidine, morpholine, 1-phenylcyclohexylamine (PCA),

1-piperidinocyclohexanecarbonitrile (PCC), or phenylmagnesium bromide (PMB) with the intent to sell, transfer, or otherwise furnish the compound or mixture to another person with the knowledge that it will be used to manufacture phencyclidine is guilty of a misdemeanor and shall be punished by imprisonment in the house of correction for up to 2 and 1/2 years.

(d) Any person who possesses immediate precursors sufficient for the manufacture of piperidine, cyclohexanone, pyrrolidine, morpholine, or phenylmagnesium bromide (PMB) with the intent to sell, transfer or otherwise furnish the immediate precursors to

another person with the knowledge that they will be used to manufacture phencyclidine is guilty of a misdemeanor and shall be punished by imprisonment in the house of correction for up to 2 and1/2 years.

SECTION 4. (a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to sell, transfer, or otherwise furnish those chemicals to another person with the knowledge that they will be used to

manufacture methamphetamine, or who possesses both ethylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to sell, transfer, or otherwise furnish those chemicals to another person with the knowledge that they will be used to manufacture methamphetamine is guilty of a misdemeanor and shall be punished by imprisonment in the house of correction for up to 2 and1/2 years.

(b) (1) Any person who possesses ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses a substance containing ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses at the same time any of the following, or a combination product thereof, with the intent to sell, transfer, or otherwise furnish those chemicals, substances, or products to another person with the knowledge that they will be used to manufacture methamphetamine or any of its analogs is guilty of a misdemeanor and shall be punished by imprisonment in the house of correction for up to 2 and ½ years:

(A) Ephedrine, pseudoephedrine, norpseudoephedrine,

N-methylephedrine, N-ethylephedrine,

N-methylpseudoephedrine, N-ethylpseudoephedrine, or

phenylpropanolamine, plus hydriodic acid.

(B) Ephedrine, pseudoephedrine, norpseudoephedrine,

N-methylephedrine, N-ethylephedrine,

N-methylpseudoephedrine, N-ethylpseudoephedrine, or

phenylpropanolamine, thionyl chloride and hydrogen gas.

N-methylephedrine, N-ethylephedrine,

N-methylpseudoephedrine, N-ethylpseudoephedrine, or

phenylpropanolamine, plus phosphorus pentachloride and

hydrogen gas.

(D) Ephedrine, pseudoephedrine, norpseudoephedrine,

N-methylephedrine, N-ethylephedrine,

N-methylpseudoephedrine, N-ethylpseudoephedrine,

chloroephedrine and chloropseudoephedrine, or

phenylpropanolamine, plus any reducing agent.

(2) Any person who possesses hydriodic acid or a reducing agent or any product containing hydriodic acid or a reducing agent with the intent to sell, transfer, or otherwise furnish that chemical, product, or substance to another person with the knowledge that they will be used to manufacture methamphetamine or any of its analogs is guilty of a misdemeanor and shall be punished by imprisonment in the house of correction for up to 2 and ½ years.

(c) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section with the intent to sell, transfer, or otherwise furnish any of the compounds to another person with the knowledge that they will be used to manufacture these controlled substances is guilty of a misdemeanor and shall be punished by imprisonment in the house of correction for up to 2 and ½ years:

(1) Methamphetamine.

(2) Any analog of methamphetamine

(3) N-ethylamphetamine.

(d) Any person who possesses immediate precursors sufficient for the manufacture of methylamine, ethylamine, phenyl-2-propanone, ephedrine, pseudoephedrine,

norpseudoephedrine, N-methylephedrine, N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing agent, thionyl chloride, or phosphorus pentachloride, with the intent to sell, transfer, or otherwise furnish these substances to another person

with the knowledge that they will be used to manufacture methamphetamine is guilty of a misdemeanor and shall be punished by imprisonment in the house of correction for up to 2 and ½ years.

(e) Any person who possesses essential chemicals sufficient to manufacture hydriodic acid or a reducing agent with the intent to sell, transfer, or otherwise furnish those chemicals to another person with the knowledge that they will be used to manufacture

methamphetamine is guilty of a misdemeanor and shall be punished by

imprisonment in the house of correction for up to 2 and ½ years.

phosphorus pentachloride, with the intent to sell, transfer, or otherwise furnish that compound or mixture to another person with the knowledge that they will be used to manufacture methamphetamine is guilty of a misdemeanor and shall be punished by

imprisonment in the house of correction for up to 2 and ½ years.