Possession or sale of drug precursors
Sec. 14.5. (a) As used in this section, "chemical reagents or
precursors" refers to one (1) or more of the following:
(1) Ephedrine.
(2) Pseudoephedrine.
(3) Phenylpropanolamine.
(4) The salts, isomers, and salts of isomers of a substance
identified in subdivisions (1) through (3).
(5) Anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1).
(6) Organic solvents.
(7) Hydrochloric acid.
(8) Lithium metal.
(9) Sodium metal.
(10) Ether.
(11) Sulfuric acid.
(12) Red phosphorous.
(13) Iodine.
(14) Sodium hydroxide (lye).
(15) Potassium dichromate.
(16) Sodium dichromate.
(17) Potassium permanganate.
(18) Chromium trioxide.
(19) Benzyl cyanide.
(20) Phenylacetic acid and its esters or salts.
(21) Piperidine and its salts.
(22) Methylamine and its salts.
(23) Isosafrole.
(24) Safrole.
(25) Piperonal.
(26) Hydriodic acid.
(27) Benzaldehyde.
(28) Nitroethane.
(29) Gamma-butyrolactone.
(30) White phosphorus.
(31) Hypophosphorous acid and its salts.
(32) Acetic anhydride.
(33) Benzyl chloride.
(34) Ammonium nitrate.
(35) Ammonium sulfate.
(36) Hydrogen peroxide.
(37) Thionyl chloride.
(38) Ethyl acetate.
(39) Pseudoephedrine hydrochloride.
(b) A person who possesses more than ten (10) grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, pure or
adulterated, commits a Class D felony. However, the offense is a
Class C felony if the person possessed:
(1) a firearm while possessing more than ten (10) grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, pure or
adulterated; or
(2) more than ten (10) grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, pure or adulterated, in, on, or within one
thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(c) A person who possesses anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with the intent to manufacture
methamphetamine, a schedule II controlled substance under
IC 35-48-2-6, commits a Class D felony. However, the offense is a
Class C felony if the person possessed:
(1) a firearm while possessing anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with intent to
manufacture methamphetamine, a schedule II controlled
substance under IC 35-48-2-6; or
(2) anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1) with intent to manufacture methamphetamine,
a schedule II controlled substance under IC 35-48-2-6 in, on, or
within one thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(d) Subsection (b) does not apply to a:
(1) licensed health care provider, pharmacist, retail distributor,
wholesaler, manufacturer, warehouseman, or common carrier
or an agent of any of these persons if the possession is in the
regular course of lawful business activities; or
(2) person who possesses more than ten (10) grams of a
substance described in subsection (b) if the substance is
possessed under circumstances consistent with typical
medicinal or household use, including:
(A) the location in which the substance is stored;
(B) the possession of the substance in a variety of:
(i) strengths;
(ii) brands; or
(iii) types; or
(C) the possession of the substance:
(i) with different expiration dates; or
(ii) in forms used for different purposes.
(e) A person who possesses two (2) or more chemical reagents or
precursors with the intent to manufacture:
(1) Methcathinone, a schedule I controlled substance under
IC 35-48-2-4;
(2) Methamphetamine, a schedule II controlled substance under
IC 35-48-2-6;
(3) Amphetamine, a schedule II controlled substance under
IC 35-48-2-6; or
(4) Phentermine, a schedule IV controlled substance under
IC 35-48-2-10;
commits a Class D felony.
(f) An offense under subsection (e) is a Class C felony if the
person possessed:
(1) a firearm while possessing two (2) or more chemical
reagents or precursors with intent to manufacture
methamphetamine, a schedule II controlled substance under
IC 35-48-2-6; or
(2) two (2) or more chemical reagents or precursors with intent
to manufacture methamphetamine, a schedule II controlled
substance under IC 35-48-2-6 in, on, or within one thousand
(1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(g) A person who sells, transfers, distributes, or furnishes a
chemical reagent or precursor to another person with knowledge or
the intent that the recipient will use the chemical reagent or
precursors to manufacture methamphetamine, methcathinone,
amphetamine, or phentermine commits unlawful sale of a precursor,
a Class D felony.
As added by P.L.150-1999, SEC.2. Amended by P.L.17-2001,
SEC.28; P.L.225-2003, SEC.5; P.L.192-2005, SEC.8.
Last modified: May 24, 2006