HB1087

                              First Regular Session
       
                           Sixty-second General Assembly

LLS NO. 99-0285.01 Jerry Barry HOUSE BILL 99-1087

                                    STATE OF COLORADO

       BY REPRESENTATIVE Decker.
       also SENATOR Evans.
                                                                                                                          REENGROSSED
                                                                                                                                                                                                               JUDICIARY


                                                            A BILL FOR AN ACT

101  CONCERNING CERTAIN SUBSTANCES USED TO MANUFACTURE CONTROLLED

102  SUBSTANCES.

                                                                   Bill Summary

                   (Note:    This    summary    applies    to    this    bill    as    introduced    and    does
       not       necessarily       reflect      any      amendments      that      may      be      subsequently
       adopted.)

                   Creates     a    class    1    misdemeanor    for    the    purchase    or    possession    of
       more       than       1,750      grams      of      ephedrine      or      pseudoephedrine.      Exempts
       manufacturers      and      licensed     medical     practitioners     who     resell     or     dispense
       ephedrine       or      pseudoephedrine      and      retailers      who      resell      ephedrine      or
       pseudoephedrine and collect sales tax on the sale.



    1  Be it enacted by the General Assembly of the State of Colorado:

    2              SECTION    1.    Part    4    of    article    18    of    title    18,    Colorado    Revised

    3  Statutes,     is     amended     BY     THE     ADDITION     OF     A    NEW    SECTION    to

    4  read:

    5              18-18-412.5.        Unlawful        possession        of        materials       to       make

    6 methamphetamine    -    penalty.    (1)    THE   GENERAL   ASSEMBLY   FINDS   AND

    7  DECLARES    THAT   PERSONS   ARE   MANUFACTURING   METHAMPHETAMINE

    8  USING   NONPRESCRIPTION   DRUGS   THAT   ARE   READILY  AVAILABLE.  THE

    9  GENERAL    ASSEMBLY   FURTHER   FINDS   THAT,   EXCEPT   FOR   RESALE   IN



       [ ] denotes HOUSE amendment. { } denotes SENATE amendment.

       Capital letters indicate new material to be added to existing statute.

       Dashes through the words indicate material to be deleted from existing statute.

       Page 2

    1  QUANTITIES  THAT  MIGHT  BE  REASONABLE FOR THE INTENDED MEDICINAL

    2  USE,  IT  IS NECESSARY TO MAKE ILLEGAL THE PURCHASE OR POSSESSION OF

    3  SUCH NONPRESCRIPTION DRUGS.

    4  [ (2)   NOTWITHSTANDING   ANY   OTHER  PROVISION  OF  LAW  TO  THE

    5  CONTRARY,   NO  PERSON  SHALL  POSSESS  EPHEDRINE,  PSEUDOEPHEDRINE,

    6  OR   PHENYLPROPANOLAMINE   OR   THEIR   SALTS,   ISOMERS,  OR  SALTS  OF

    7  ISOMERS  WITH  THE INTENT TO USE THE PRODUCT AS A PRECURSOR TO ANY

    8  CONTROLLED SUBSTANCE.]

    9              (3)  A  PERSON  WHO  VIOLATES  THIS  SECTION  COMMITS  A  CLASS  1

10  MISDEMEANOR.

11              SECTION     2.     Effective     date     -    applicability.    This    act    shall    take

12  effect    July    1,    1999,    and    shall    apply   to   offenses   committed   on   or   after   said

13  date.

14              SECTION     3.     Safety     clause.     The     general     assembly    hereby    finds,

15  determines,     and     declares     that     this     act     is     necessary     for     the     immediate

16  preservation of the public peace, health, and safety.