Methamphetamine can be manufactured in different ways. A common method requires anhydrous ammonia. Farmers use anhydrous ammonia as a low-cost nitrogen-based fertilizer. They store it in high-pressure tanks and use tractors to tow the tanks over their fields of crops. People who manufacture methamphetamine often acquire anhydrous ammonia by stealing it from those tanks. The illegal use of substance from those tanks is an anhydrous ammonia offense in Lubbock.
To combat the use of anhydrous ammonia and other chemicals to manufacture methamphetamine, the Texas legislature has enacted a number of crimes. Some of those are discussed in our article explaining precursor chemical offenses. Crimes specific to the theft and misuse of anhydrous ammonia are explained below.
Possession or Transportation of Anhydrous Ammonia
It is a crime to:
- Possess or transport anhydrous ammonia in any container that is not manufactured for that use.
- Use, transport, or sell a container that is designed to hold anhydrous ammonia without the consent of the container’s owner.
- Tamper with a container that is designed to hold anhydrous ammonia without the consent of the container’s owner.
This anhydrous ammonia offense in Lubbock is a third degree felony, punishable by a prison sentence of not less than two years or more than 10 years.
Anhydrous Ammonia with Intent to Manufacture Methamphetamine
It is a crime in Lubbock to possess or transport certain precursor chemicals with the intent to use them to manufacture a controlled substance. One of those precursor chemicals is anhydrous ammonia. When anhydrous ammonia is stored or transported in a container that is not designed for that purpose, and under some other circumstances, the law presumes an intent to use anhydrous ammonia to manufacture methamphetamine.
The anhydrous ammonia crime of possessing or transporting this substance with the intent to manufacture methamphetamine is a second degree felony, punishable by a prison sentence of not less than two years or more than 20 years.
A first offense of theft of anhydrous ammonia for use in manufacturing methamphetamine is punishable by a maximum sentence of 10 years. A person convicted of the crime who has a prior conviction for any drug crime faces a maximum sentence of 20 years. Additional fines and costs can be imposed as well as a term of supervised release.
How a Lubbock Drug Lawyer Can Help
If you have been arrested for theft of anhydrous ammonia, you should be represented by a criminal defense attorney who has substantial experience handling federal prosecutions. You can ask questions about your case or make an appointment by calling Hamilton Grant or by submitting our online contact form. We are ready to help.