HOUSE BILL ANALYSIS
HB 2451
Brief Description: Increasing penalties for crimes involving anhydrous ammonia.
Sponsors: Representatives McDonald and Hurst.
Hearing: January 25, 2000
HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
BACKGROUND:
Methamphetamine is a controlled substance. It is unlawful to manufacture, deliver, or possess with intent to manufacture or deliver methamphetamine.
In addition, the possession of some methamphetamine precursors such as ephedrine or pseudoephedrine is a felony crime. Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine is classified as a seriousness level VIII, class B felony under the sentencing guidelines. A first-time offender's presumptive range is 21 to 27 months in prison.
Other precursors substances used to make methamphetamine include: lithium found in lithium batteries, pseudoephedrine found in cold medicines such as Sudafed, and anhydrous ammonia which is most commonly used as a commercial fertilizer. Theft or possession of anhydrous ammonia is not a felony offense in Washington.
The maximum penalty for a class B felony is ten years in prision, a $20,000 fine, or both. The maximum penalty for a class C felony is five years in prison, a $10,000 fine, or both.
SUMMARY OF BILL:
Several new sections are added to the Uniform Controlled Substance Act, creating three new crimes: theft of anhydrous ammonia, unlawful storage of anhydrous ammonia, and possession of anhydrous ammonia with intent to manufacture methamphetamine.
Theft of anhydrous ammonia is a seriousness level VIII, class C felony. A person who
intentionally deprives an owner or an owner=s agent by wrongfully obtaining anhydrous ammonia is guilty of theft of anhydrous ammonia. A first-time offender's presumptive range is 21 to 27 months in prison.
