HCS SS SCS SB 89 & 37 -- METHAMPHETAMINE PRODUCTION

SPONSOR:  Kinder (Hosmer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 10 to 0.

This substitute modifies laws relating to methamphetamine
production.  In its main provisions, the substitute:

(1)  Defines ephedrine, pseudoephedrine, and
phenylpropanolamine, which are commonly used in the manufacture
of methamphetamine, as methamphetamine precursor drugs (Section
195.010, RSMo);

(2)  Adds the delivery of, or possession with intent to
manufacture of, more than 24 grams of the precursor drugs to
existing drug trafficking law, with a legitimate business
exception.  Possession of more than 24 grams is prima facie
evidence of both intent to deliver drug paraphernalia and intent
to manufacture amphetamine or methamphetamine.  All violations
are class D felonies (Sections 195.235 and 195.246);

(3)  Prohibits the sale of more than 3 packages that contain any
methamphetamine precursor drug in any single transaction and
prohibits the sale of any package of any methamphetamine
precursor drug that contains more than 3 grams per package.  All
non-liquid products must be in blister packs containing no more
than 2 dosage units, or in single unit dose packets or pouches.
Any violation of these provisions is a class A misdemeanor,
except that owners or operators of outlets where the substances
are sold will not be subject to prosecution on employee
violations if they provide an employee training program
(Sections 195.417 and 195.418);

(4)  Requires manufacturers or wholesalers of the precursor
drugs to forward all federal reports of suspicious transactions
to local authorities.  Failure to report a suspicious
transaction is a class D felony (Section 195.515);

(5)  Requires a landlord or seller with prior knowledge of
methamphetamine production on the property to disclose this fact
in writing to the tenant or buyer.  Additionally, the landlord
or seller must disclose that the property was the residence,
storage site, or laboratory of a person convicted of certain
drug-related crimes (Sections 441.236 and 442.606); and

(6)  Revises laws involving anhydrous ammonia and liquid
nitrogen.  The substitute:  (a)  prohibits persons making
unauthorized removals of anhydrous ammonia from suing the legal
owners of the anhydrous ammonia for damages involved with the
removal, unless the owner is willfully or wantonly negligent;
(b)  makes the theft of liquid nitrogen, or any attempt to steal
liquid nitrogen or anhydrous ammonia, a class C felony; (c)
makes the theft of anhydrous ammonia by appropriation of truck
or tank a class A felony; and (d)  makes the possession of
anhydrous ammonia in a nonapproved container a class D felony
(Sections 537.297, 570.030, and 578.154).

FISCAL NOTE:  Cost to General Revenue Fund of $94,264 to Unknown
in FY 2002, $222,326 to Unknown in FY 2003, and $243,781 to
Unknown in FY 2004.

PROPONENTS:  Supporters say that the bill is necessary to
prevent methamphetamine manufacturers from having easy access to
large quantities of the substances required to manufacture
methamphetamine and to emphasize the dangers involved in the
illegal transportation of anhydrous ammonia.

Testifying for the bill were Senators Yeckel and Westfall;
Missouri Retailers Association; Department of Public Safety; and
Consumer Healthcare Products Association.

OPPONENTS:  There was no opposition voiced to the committee.

Greg Linhares, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am