2C:35-28 Unlawful Possession of Precursors; Manufacturing

 

2C:35-28 Unlawful possession of precursors; manufacturing methamphetamine; crime of second degree.

5. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), a person is guilty of the crime of unlawful possession of a precursor if the person knowingly or purposely possesses anhydrous ammonia with intent to unlawfully manufacture methamphetamine or any of its analogs.

b.Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), a person is guilty of the crime of unlawful possession of a precursor if the person knowingly or purposely possesses phenylalanine with intent to unlawfully manufacture methamphetamine or amphetamine or any of their analogs.

c.Except as authorized by P.L.1970, c. 226 (C. 24:21-1 et seq.), a person is guilty of the crime of unlawful possession of a precursor if the person knowingly or purposely possesses, with intent to manufacture a controlled dangerous substance or controlled substance analog, any of the following:

(1)carbamide (urea) and propanedioc and malonic acid or its derivatives;

(2)ergot or an ergot derivative and diethylamine or dimethyl-formamide or diethylamide;

(3)phenylacetone (1-phenyl-2 propanone);

(4)pentazocine and methyliodid;

(5)phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl benzylamine;

(6)diephenylacetonitrile and dimethylaminoisopropyl chloride;

(7)piperidine and cyclohexanone and bromobenzene and lithium or magnesium; or

(8)2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent.

d. (1) Except as authorized by P.L.1970, c. 226 (C.24:21-1 et seq.), a person is guilty of the crime of unlawful possession of a precursor if the person, with intent to unlawfully manufacture methamphetamine, knowingly or purposely possesses ephedrine (including its salts, isomers or salts of isomers), norpseudoephedrine (including its salts, isomers or salts of isomers), n-methylephedrine (including its salts, isomers or salts of isomers), n-methylpseudoephedrine (including its salts, isomers or salts of isomers), or pseudoephedrine (including its salts, isomers or salts of isomers).

(2)Proof that a person in possession of any of the substances enumerated in paragraph (1) of this subsection at the same time also possesses any of the following substances shall give rise to a permissive inference by the trier of fact that the person acted with intent to unlawfully manufacture methamphetamine:

(a)amorphous (red) phosphorus or white phosphorus;

(b)hydroiodic acid;

(c)anhydrous ammonia;

(d)sodium;or

(e)lithium.

Unlawful possession of a precursor in violation of this section is a crime of the second degree.