PocketLaw | Georgia Code | "Anhydrous Ammonia" Defined; Crime for

"Anhydrous Ammonia" Defined; Crime for Possession

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1. As used in this Code section, the term "anhydrous ammonia" means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance.
2. A person commits the crime of unlawful possession of anhydrous ammonia if the person:
  1. Purchases, possesses, transfers, or distributes any amount of anhydrous ammonia knowing that the anhydrous ammonia will be used unlawfully to manufacture a controlled substance;
  2. Possesses, maintains, or transports any quantity of anhydrous ammonia in a container or receptacle other than a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank, field applicator, or any container approved for anhydrous ammonia by the Department of Agriculture or the United States Department of Transportation; or
  3. Tampers with equipment manufactured to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment.
3. A person who violates subparagraph (B) of paragraph (2) of this subsection shall be subject to civil penalties in accordance with Code Section 40-1-23.
Any person who violates this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than ten years and by a fine not to exceed $100,000.00.

(Code 1981, §16-11-111, enacted by Ga. L. 2003, p. 177, § 2; Ga. L. 2011, p. 479, § 1/HB 112.)

Cross references.

- Transportation of hazardous materials, § 40-1-20 et seq.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2003, subparagraph (a)(3)(A) was redesignated as paragraph (a)(3) and subparagraph (a)(3)(B) was redesignated as subsection (b).

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