11383.5
. (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 pursuant to subdivision (h) of Section 1170
of the Penal Code for two, four, or six years.
(b) (1) Any person who, with the 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 pursuant to subdivision (h) of
Section 1170 of the Penal Code 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 the 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 pursuant to subdivision (h) of
Section 1170 of the Penal Code for two, four, or six years.
(c) Any person who possesses the optical, positional, or geometric
isomer of any of the compounds listed in this section, with the
intent to manufacture any of the following controlled substances, is
guilty of a felony and shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for two, four, or
six years:
(1) Methamphetamine.
(2) Any analog of methamphetamine specified in subdivision (d) of
Section 11055.
(3) N-ethylamphetamine.
(d) Any person who possesses immediate precursors sufficient for
the manufacture of methylamine, ethylamine, phenyl-2-propanone,
ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine,
N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing
agent, thionyl chloride, or phosphorus pentachloride, with the intent
to manufacture methamphetamine, is guilty of a felony and shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for two, four, or six years.
(e) Any person who possesses essential chemicals sufficient to
manufacture hydriodic acid or a reducing agent, with the intent to
manufacture methamphetamine, is guilty of a felony and shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for two, four, or six years.
(f) Any person who possesses any compound or mixture containing
ephedrine, pseudoephedrine, norpseudoephedrine, N-methylephedrine,
N-ethylephedrine, phenylpropanolamine, hydriodic acid or a reducing
agent, thionyl chloride, or phosphorus pentachloride, with the intent
to manufacture methamphetamine, is guilty of a felony and shall be
punished by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for two, four, or six years.
(g) 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.
(h) 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.