BILL NUMBER: AB 158 CHAPTERED 09/30/03 CHAPTER 619 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2003 APPROVED BY GOVERNOR SEPTEMBER 30, 2003 PASSED THE ASSEMBLY SEPTEMBER 9, 2003 PASSED THE SENATE SEPTEMBER 4, 2003 AMENDED IN SENATE JULY 7, 2003 AMENDED IN SENATE JUNE 23, 2003 AMENDED IN ASSEMBLY APRIL 28, 2003 AMENDED IN ASSEMBLY MARCH 18, 2003 INTRODUCED BY Assembly Member Runner JANUARY 22, 2003 An act to amend Section 11383 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGEST AB 158, Runner. Controlled substances: manufacture. (1) Existing law generally makes it a felony for a person to possess specified substances at the same time with the intent to manufacture methamphetamine, N-ethylamphetamine, or phencyclidine. Existing law also provides that the possession of immediate precursors sufficient for the manufacture of the specified substances, or possession of any compound or mixture containing any of the specified substances, shall be deemed to be possession of those specified substances. This bill would revise the latter provision to provide instead that the possession of precursors, compounds, or mixtures relating to the specified substances, with an intent to manufacture methamphetamine, is a felony punishable by 2, 4, or 6 years in the state prison. By creating new crimes, the bill would impose a state-mandated local program. (2) Existing law provides that any person who, with intent to manufacture methamphetamine, possesses hydriodic acid is guilty of a felony and shall be punished by imprisonment in the state prison for 2, 4, or 6 years. Existing law provides that the possession of essential chemicals sufficient to manufacture hydriodic acid, with intent to manufacture methamphetamine, shall be deemed to be possession of hydriodic acid. This bill would apply this penalty, in addition, to any person who, with intent to manufacture methamphetamine, possesses a reducing agent, as defined, essential chemicals sufficient to manufacture a reducing agent, or any compound or mixture containing a reducing agent. (3) Existing law provides that any person who possess isomers of any of certain compounds, with the intent to manufacture any of those compounds, is punishable by imprisonment in the state prison for 2, 4, or 6 years. This bill would revise the "intent to manufacture" provisions by specifying specific substances for purposes of that provision. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11383 of the Health and Safety Code is amended to read: 11383. (a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to manufacture methamphetamine, or who possesses both ethylamine and phenyl-2-propanone (phenylacetone) at the same time with the intent to manufacture N-ethylamphetamine, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years. (b) Any person who possesses at the same time any of the following combinations, or a combination product thereof, with intent to manufacture phencyclidine (PCP) or any of its analogs specified in paragraph (22) of subdivision (d) of Section 11054 or paragraph (3) of subdivision (e) of Section 11055 is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years: (1) Piperidine and cyclohexanone. (2) Pyrrolidine and cyclohexanone. (3) Morpholine and cyclohexanone. (c) (1) Any person who, with intent to manufacture methamphetamine or any of its analogs specified in subdivision (d) of Section 11055, possesses ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses a substance containing ephedrine or pseudoephedrine, or any salts, isomers, or salts of isomers of ephedrine or pseudoephedrine, or who possesses at the same time any of the following, or a combination product thereof, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years: (A) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, plus hydriodic acid. (B) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, thionyl chloride and hydrogen gas. (C) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, or phenylpropanolamine, plus phosphorus pentachloride and hydrogen gas. (D) Ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, N-methylpseudoephedrine, N-ethylpseudoephedrine, chloroephedrine and chloropseudoephedrine, or phenylpropanolamine, plus any reducing agent. (2) Any person who, with intent to manufacture methamphetamine or any of its analogs specified in subdivision (d) of Section 11055, possesses hydriodic acid or a reducing agent or any product containing hydriodic acid or a reducing agent is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years. (d) For purposes of this section, a "reducing agent" for the purposes of manufacturing methamphetamine means an agent that causes reduction to occur by either donating a hydrogen atom to an organic compound or by removing an oxygen atom from an organic compound. (e) Any person who possesses the optical, positional, or geometric isomer of any of the compounds listed in this section, with intent to manufacture any of the following controlled substances is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years: (1) Methamphetamine. (2) Any analog of methamphetamine specified in subdivision (d) of Section 11055. (3) N-ethylamphetamine. (4) Phencyclidine (PCP). (5) Any analog of PCP specified in subdivision (d) of Section 11054, or in subdivision (e) of Section 11055. (f) Any person who possesses immediate precursors sufficient for the manufacture of methylamine, ethylamine, phenyl-2-propanone, piperidine, cyclohexanone, pyrrolidine, morpholine, ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing agent, thionyl chloride, or phosphorus pentachloride, with intent to manufacture methamphetamine, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years. (g) Any person who possesses essential chemicals sufficient to manufacture hydriodic acid or a reducing agent, with intent to manufacture methamphetamine, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years. (h) Any person who possesses any compound or mixture containing piperidine, cyclohexanone, pyrrolidine, or morpholine ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine, N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing agent, thionyl chloride, or phosphorus pentachloride, with intent to manufacture methamphetamine, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years. (i) This section does not apply to drug manufacturers licensed by this state or persons authorized by regulation of the Board of Pharmacy to possess those substances or combinations of substances. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.