ANHYDROUS AMMONIA BILL INTRODUCED IN SENATE COMMITTEE

A bill sponsored by Sen. Jim Preuitt was introduced into the Senate
Judiciary Committee Tuesday redefining the crime of unlawful possession of
anhydrous ammonia. Although anhydrous ammonia is a nitrogen fertilizer used
legally by farmers, it is also a vital ingredient in the production of
methamphetamine, an illegal narcotic growing in popularity throughout the
state.

The Lincoln Police Department made an arrest in December when tanks of
anhydrous ammonia were stolen from a local business for the purpose of
producing methamphetamine.

Under the existing law, Lincoln police could prosecute the two men for
possession of the substance, but the law has been deemed too broad by the
state Legislature, and a revision of the law was needed to define some of
the terms in the original law.

Lincoln Police Chief Dennis Surrett said strictly defining the law will
help in his department's fight against drug crimes.

"This new law will definitely make it more difficult to secure the
ingredient," Surrett said.

The bill defines anhydrous ammonia as "any substance identified to contain
the compound ammonia, regardless of the presence of water, which is capable
of being utilized in the production of methamphetamine or other controlled
substance."

Under the new bill, a person commits the crime of unlawful possession of
anhydrous ammonia if the person purchases, possesses, transfers or
distributes any amount of anhydrous ammonia knowing that the anhydrous
ammonia will be used unlawfully to manufacture a controlled substance;
possess, maintains or transports anhydrous ammonia in a container or
receptacle that is not designed and manufactured to hold anhydrous ammonia;
or tampers with equipment manufactured to hold, apply or transport
anhydrous ammonia without the express consent of the owner of the equipment.

Surrett said some containers are made specifically to hold the substance,
and people will use containers such as gallon jugs and propane tanks to
illegally transport anhydrous ammonia, and the new law will make such a
transport a felony instead of a misdemeanor.

A Talladega County business is the only legal distributor of anhydrous
ammonia in the state, and has become a target for methamphetamine
producers. Surrett said Preuitt's bill will help protect the business from
robberies by making the penalty more severe.

"We welcome any piece of legislation that will make our fight against
narcotics crime easier," said Detective Kerry Ward of the Pell City Police
Department.

Ward said the theft of anhydrous ammonia from local farmers has become more
common over the past year.

"There have been a lot of thefts," Ward said. "People are stealing that
stuff from anywhere they can get it. And anything that puts more strength
in the penalties for that will send a strong message."

He said the number of methamphetamine labs found in the area have increased
considerably, and he said he believes that "there are many more out there."

Sylacauga Police Chief Louis Zook said rural areas are popular spots for
meth labs, which is why Talladega County has seen so much activity with the
production of the drug.

"It's huge all over the state," Zook said. "And it's all pretty new. We
have had a few cases in the city limits, but we have seen many more just
outside the city in more rural areas."

He said making a case against people in possession of the agents used to
make methamphetamine has been difficult because "before, we had to prove
they were going to use it to make meth."

Zook said the new bill will "hopefully eliminate" that burden from an
investigation. "It sounds like it will be a great benefit to our efforts,"
he said.

The act will become effective on the first day of the third month following
its passage and approval by the governor.

Unlawful possession of anhydrous ammonia is a Class B felony, and is
punishable by a prison term of two to 20 years.