2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 75 - Other Offenses
7508.2 - Operation of methamphetamine laboratory.

     § 7508.2.  Operation of methamphetamine laboratory.
        (a)  Offense defined.--A person commits the offense of
     operating a methamphetamine laboratory if the person knowingly
     causes a chemical reaction involving ephedrine, pseudoephedrine
     or phenylpropanolamine, or any other precursor or reagent
     substance under section 13.1 of the act of April 14, 1972
     (P.L.233, No.64), known as The Controlled Substance, Drug,
     Device and Cosmetic Act, for the purpose of manufacturing
     methamphetamine or preparing a precursor or reagent substance
     for the manufacture of methamphetamine.
        (b)  Grading.--
            (1)  Except as provided in paragraph (2), an offense
        under this subsection constitutes a felony of the second
        degree and is also subject to section 1110 (relating to
        restitution for cleanup of clandestine laboratories).
            (2)  A person who violates subsection (a) commits a
        felony of the first degree if the chemical reaction occurs
        within 1,000 feet of the real property on which is located a
        public, private or parochial school, a college or university
        or a nursery school or day care center, or within 250 feet of
        the real property on which is located a recreation center or
        playground. The person shall also be subject to section 1110.
        (c)  Applicability.--
            (1)  This section does not apply to the manufacturing
        operation of a licensed pharmaceutical company in the normal
        course of business.
            (2)  Nothing in this section shall be construed to
        preclude a prosecution for the same or similar activity under
        The Controlled Substance, Drug, Device and Cosmetic Act.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection unless the context clearly indicates otherwise:
        "Manufacture."  The term shall have the same meaning given to
     the term in section 2(b) of the act of April 14, 1972 (P.L.233,
     No.64), known as The Controlled Substance, Drug, Device and
     Cosmetic Act.
     (Apr. 29, 2010, P.L.174, No.18, eff. 60 days)

        2010 Amendment.  Act 18 added section 7508.2.

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