SB 0089 Creates and amends crimes relating to controlled substances and anhydrous ammonia
LR Number:0301L.09T Fiscal Note:0301-09
Committee:Civil and Criminal Jurisprudence
Last Action:07/02/01 - Signed by Governor Journal page:
Title:HS HCS SS SCS SBs 89 & 37
Effective Date:August 28, 2001
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Current Bill Summary

HS/HCS/SS/SCS/SBs 89 & 37 - This act revises and creates crimes involving anhydrous ammonia. The act provides certain individuals, including owners, operators and installers of anhydrous ammonia containers or equipment with immunity from civil liability and suits filed by persons who engage in unauthorized tampering with such containers and equipment for damages as a result of the tampering. The immunity extends to suits filed by a tamperer's relatives. Immunity is not provided for individuals who are willfully or wantonly negligent. This provision is also in HB 471 (TAT).

The act increases the penalty for stealing of any amount of anhydrous ammonia or liquid nitrogen, or an attempt to steal either substance, from a Class D to a Class C felony. Theft of certain specified bulk containers of anhydrous ammonia constitutes a Class A felony. The act also creates a new Class D felony of possession of anhydrous ammonia in a non-approved container. This provision is also in CCS/SCS/HB 471(TAT).

The act also requires that a seller or landlord with prior knowledge of production of methamphetamine or other controlled substance on the property must disclose this fact in writing to the buyer or tenant. Additionally, the seller or landlord must disclose that the property was the residence, storage site, or laboratory of a person convicted of certain crimes involving production of controlled substances including methamphetamine. This provision is similar to HB 256.

This act regulates the sale of ephedrine, pseudoephedrine and phenylpropanolamine, precursors to methamphetamine manufacture. Any manufacturers and wholesalers who, in compliance with federal law, report suspicious transactions to the U.S. Attorney General shall also submit a copy of the report to the chief law enforcement official with jurisdiction. A "suspicious transaction" has the same meaning as in the U.S. Code. A violation is a Class D felony.

The act revises the definition of drug paraphernalia to include substances intended for use in the manufacture of controlled substances. A court should consider the quantity, form and packaging of a product in relation to that associated with legitimate use in determining whether a product is drug paraphernalia.

Possession of more than 24 grams of any methamphetamine precursor drug shall constitute prima facie evidence of intent to deliver drug paraphernalia, and intent to possess a methamphetamine precursor drug with the intent to manufacture methamphetamine or amphetamine, both Class D felonies.

The act also prohibits over-the-counter sales of more than 3 packages of any methamphetamine precursor drug, with certain exceptions. A knowing or reckless violation is a Class A misdemeanor. The retail sales of such drugs shall be limited to sales in packages containing not more than a total of 3 grams, or for nonliquid products, sales in blister packs containing not more than 2 dosage units. A knowing violation is a Class A misdemeanor. The above provisions are similar to SB 608, as well as in CCS/SCS/HB 471(TAT).

The act establishes a Drug Courts Coordinating Commission in the judicial department to meet at the call of the chair in order to evaluate resources available for assessment and treatment of persons assigned to drug courts, and to allocate resources among the various such courts operating in the state. This provision is similar to HB 141, and is contained in CCS/SCS/HB 471(TAT).

The act also provides civil immunity to teachers and other authorized personnel who report violent acts or threats of violent acts in compliance with state law and in conformity with policies established by the school board.