Possession with purpose to manufacture — Unlawful distribution

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  1. (a)

    1. (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. (2) A person who violates subdivision (a)(1) of this section upon conviction is guilty of a:

      1. (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

      2. (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.

  2. (b)

    1. (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. (2) A person who violates subdivision (b)(1) of this section upon conviction is guilty of a Class B felony.

  3. (c)

    1. (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:

      1. (A) Knows that the purchaser will use the product as a precursor to manufacture methamphetamine or another controlled substance; or

      2. (B) Sells, transfers, distributes, or dispenses the product with reckless disregard as to how the product will be used.

    2. (2) A person who violates subdivision (c)(1) of this section upon conviction is guilty of a Class D felony.


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