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After changes in the law, those persons desiring to manufacture methamphetamine began using others to go and purchase pseudoephedrine. I believe this is known as smurfing. Arguably, A has no personal intent to manufacture, but is merely B's agent in gathering the materials. That might make A a party to B's offense if the meth is ultimately manufactured, but is A (who is merely found in possession of more of the precursor than required for personal use) guilty under 481.124? Cases like Shaffer, 184 S.W.3d at 362 generally involve possession of additional ingredients as well. Must the purchasing agent himself hold the intent to manufacture or is it enough to say he surely knew of the other's intent? Should the statute be amended and broadened to make sure this conduct is proscribed?
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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