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Has anyone prosecuted a case involving transporting anhydrous ammonia in a container not designed and manufactured to hold or transport it (481.124(b)(1)? If so, what process or predicate was used to lay the foundation for the containers' lack of approval under CFR 1910.111? | ||
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Although none have gone to trial, I have prosecuted several cases involving anhydrous ammonia. If anhydrous is the only thing involved, then I charge it under HSC 504.001, which is now a 3rd degree felony. Of course, 481.124 also seems to apply. I don't know why both offenses can't be charged in the same case. In fact, I have a new meth lab case for which I plan to do just that because the anhydrous was in a regualr thermos. As for proving the predicate on the container, I'm afraid I'm not familiar with the statute to which you refer. My plan has always been to call a chemist from either a DPS or DEA lab to prove that element. I don't think it would be difficult to prove up. | |||
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