§ 5-64-1102 — Possession with purpose to manufacture - Unlawful distribution

(a) (1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers with a purpose to manufacture methamphetamine. (2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a: (A) Class D felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing ten grams (10g) or less of methamphetamine; or (B) Class B felony if the quantity of substances listed in subdivision (a)(1) of this section is capable of producing more than ten grams (10g) of methamphetamine. (b) (1) It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, optical isomers, or salts of optical isomers in a quantity capable of producing twenty-eight grams (28g) or more of a Schedule I or Schedule II controlled substance that is a narcotic drug or methamphetamine with a purpose to manufacture methamphetamine. (2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class B felony. (c) (1) It is unlawful for a person to sell, transfer, distribute, or dispense any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers if the person: (A) Knows that the purchaser will use the product as a precursor to manufacture methamphetamine or another controlled substance; or (B) Sells, transfers, distributes, or dispenses the product with reckless disregard as to how the product will be used. (2) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class D felony.

Legislative History

Acts 1997, No. 565, § 2; 2001, No. 1209, § 4; 2011, No. 570, § 69.