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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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