HOUSE BILL 1056

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Miguel P. Garcia

AN ACT

RELATING TO CRIMINAL LAW; ENACTING A NEW SECTION OF THE CRIMINAL CODE TO PROHIBIT THE MISUSE OF ANHYDROUS AMMONIA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] ANHYDROUS AMMONIA--PROHIBITED CONDUCT--CRIMINAL PENALTIES.--

          A. A person may not:

                (1) steal, purchase, possess, transfer or distribute any amount of anhydrous ammonia knowing or having reason to know that it will be used to unlawfully manufacture a controlled substance; or

                (2) place, have placed, transport or possess anhydrous ammonia in a container that is not designed, constructed, maintained and authorized to contain or transport anhydrous ammonia.

          B. A person who knowingly violates this section is guilty of a third degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978."

- 2 -