In his ongoing efforts to prevent the spread of methamphetamine production and abuse in northwestern Pennsylvania, Rep. John Evans (R-Crawford/Erie) today voted for legislation making it a crime to illegally dump meth waste and to operate a meth lab.

Under House Bill 485, anyone who intentionally, knowingly or reckless deposits, stores or disposes on any property waste from methamphetamine production commits a third-degree felony. If convicted, the individual faces a maximum sentence of imprisonment for seven years and/or a maximum fine of $15,000.

“Meth is a dangerous drug, not only for producers and users, but also for anyone who may come in contact with its byproducts and waste that pose serious health and safety risks,” said Evans, who has sponsored similar bills in previous years. “Meth is 30 times stronger than crack cocaine, and the production process is quite volatile, and explosions can be deadly. As a result, the odor caused by the waste can be extremely toxic if inhaled or touched, thereby endangering the lives of innocent people, including law enforcement and first responders.”

The legislation does not apply to a licensed pharmaceutical company acting in the normal course of business, or to any federal or state laws that regulate cleanup or disposal of waste products caused by the illegal manufacture of methamphetamines.

In addition, House Bill 485 stipulates that an individual faces a second-degree felony if found to be involved in operating a meth lab. This penalty would apply if there is a chemical reaction involving ephedrine, pseudoephedrine or phenylpropanolamine or other precursor or reagent substance under current state law.

Generally, the offense is a second-degree felony, punishable by a sentence of no more than 10 years and a fine not exceeding $25,000. However, if the methamphetamine laboratory is within 1,000 feet of a school or day care center, or within 250 feet of a recreation center or a playground, the offense is a first-degree felony, punishable by a sentence of up to 20 years and a fine up to $25,000.

Evans has been involved for several years in the fight against meth. In 2004, he authored Act 109, which requires meth producers to pay for the cleanup and disposal of the toxic waste residue from meth production. This law responds to incidents of meth producers dumping the toxic waste residue along back roads in remote locations.

Evans has also authored another law dealing with the production of meth. Act 108 of 2004 makes it a crime to “cook” meth in front of individuals younger than age 18 and expands the definition of “structure” to tighten any potential loophole for prosecutors.

The legislation now heads to the Senate for concurrence to amendments made in the House.

Rep. John Evans
5th District
Pennsylvania House of Representatives

(814) 734-2793

(717) 772-9940

Contact:  Jennifer Algoe Keaton

jkeaton@pahousegop.com

(717) 705-2094

Member site:  RepEvans.com

Caucus site:  PAHouseGOP.com