AN ACT CONCERNING METHAMPHETAMINES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 21a-240 of the general statutes is amended by adding subdivision (59) as follows (Effective October 1, 2007):

(NEW) (59) "Methamphetamine-type substances" means methamphetamine and structural analogues, including, but not limited to, methylenedioxymethamphetamine (MDMA) and other substituted phenylethylamine compounds, their salts, isomers and salts of isomers and chemical compounds which are similar thereto in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse or which are controlled substances under this chapter, unless modified.

Sec. 2. Section 21a-277 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any controlled substance which is (1) a hallucinogenic substance other than marijuana, [or] (2) a narcotic substance, or (3) a methamphetamine-type substance, except as authorized in this chapter, for a first offense, shall be imprisoned not more than fifteen years and may be fined not more than fifty thousand dollars or be both fined and imprisoned; and for a second offense shall be imprisoned not more than thirty years and may be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for each subsequent offense, shall be imprisoned not more than thirty years and may be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

(b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, gives or administers to another person (1) any controlled substance, except a narcotic substance, [or] (2) a hallucinogenic substance other than marijuana, or (3) a methamphetamine-type substance, except as authorized in this chapter, may, for the first offense, be fined not more than twenty-five thousand dollars or be imprisoned not more than seven years or be both fined and imprisoned; and, for each subsequent offense, may be fined not more than one hundred thousand dollars or be imprisoned not more than fifteen years, or be both fined and imprisoned.

(c) No person shall knowingly possess drug paraphernalia in a drug factory situation, as defined by subdivision (20) of section 21a-240, for the unlawful mixing, compounding or otherwise preparing any controlled substance for purposes of violation of this chapter. Any person who violates the provisions of this subsection may, for the first offense, be fined not more than one thousand dollars or be imprisoned not more than two years, or be both fined and imprisoned, except that if such drug paraphernalia is for the unlawful mixing, compounding or otherwise preparing a methamphetamine-type substance, such person may be fined not more than five thousand dollars or be imprisoned not more than five years, or be both fined and imprisoned. Any person who violates the provisions of this subsection may, for a subsequent offense, be fined not more than ten thousand dollars or be imprisoned not more than ten years, or be both fined and imprisoned.

(d) As an alternative to the sentences specified in subsections (a) and (b) of this section, the court may sentence the person to the custody of the Commissioner of Correction for an indeterminate term not to exceed three years or the maximum term specified for the offense, whichever is the lesser, and, at any time within such indeterminate term and without regard to any other provision of law regarding minimum term of confinement, the Commissioner of Correction may release the convicted person so sentenced subject to such conditions as he may impose including, but not limited to, supervision by suitable authority. At any time during such indeterminate term, the Commissioner of Correction may revoke any such conditional release in his discretion for violation of the conditions imposed and return the convicted person to a correctional institution.

Sec. 3. Subsection (a) of section 21a-278 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person one or more preparations, compounds, mixtures or substances containing an aggregate weight of one ounce or more of heroin or methadone or an aggregate weight of one-half ounce or more of cocaine or one-half ounce or more of cocaine in a free-base form, or an aggregate weight of fifty grams or more of methamphetamine or fifty grams or more of a mixture or substance containing a detectable amount of methamphetamine-type substance, or a substance containing five milligrams or more of lysergic acid diethylamide, except as authorized in this chapter, and who is not, at the time of such action, a drug-dependent person, shall be imprisoned for a minimum term of not less than five years or more than twenty years; and, a maximum term of life imprisonment. The execution of the mandatory minimum sentence imposed by the provisions of this subsection shall not be suspended, except the court may suspend the execution of such mandatory minimum sentence if at the time of the commission of the offense (1) such person was under the age of eighteen years, or (2) such person's mental capacity was significantly impaired, but not so impaired as to constitute a defense to prosecution.

Sec. 4. Subsection (b) of section 21a-267 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) No person shall deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance. Any person who violates any provision of this subsection shall be guilty of a class [A misdemeanor] D felony.

Sec. 5. (NEW) (Effective October 1, 2007) (a) There is established an account to be known as the "methamphetamine laboratory clean-up account" which shall be a separate nonlapsing account within the General Fund. The account may contain any moneys required by law to be deposited in the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the next fiscal year. All moneys deposited in the account shall be used for the purposes of this section.

(b) The court, when sentencing a defendant convicted of an offense involving the manufacture of a methamphetamine-type substance, as defined in section 21a-240 of the general statutes, as amended by this act, shall order the defendant to reimburse the state for the costs incurred for any clean-up associated with the manufacture of such methamphetamine–type substance by the defendant.

(c) All moneys reimbursed to the state pursuant to subsection (b) of this section shall be deposited in the methamphetamine laboratory clean-up account established in subsection (a) of this section. The Commissioner of Environmental Protection shall have the authority to authorize expenditures from said account to reimburse any state or municipal agency for costs associated with cleaning to proper environmental standards any site where a methamphetamine-type substance was manufactured.

Sec. 6. Section 21a-243 of the general statutes is amended by adding subsection (h) as follows (Effective October 1, 2007):

(NEW) (h) (1) Any person who sells or offers for sale at retail any drug product or combination of drug products containing ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers, shall: (A) Store such drug product or combination of drug products in a location that is inaccessible to consumers, and (B) require consumers to request and purchase such drug product or combination of drug products at the counter.

(2) A person who sells or offers for sale at retail any drug product or combination of drug products pursuant to subdivision (1) of this subsection shall maintain a log book. The log book shall contain: (A) The signature of the purchaser of the product, (B) the name of the purchaser of the product, (C) the address of the purchaser of the product, (D) the date of the purchase, (E) the time of purchase, and (F) the name of the seller. The seller shall maintain the log book for not less than two years after the date the last entry is made in the log book. The seller shall obtain positive identification of the purchaser to verify the information in the log book.

(3) Each seller shall maintain a self certification that all individuals who are responsible for the delivery of drug products to purchasers or who deal directly with purchasers by obtaining payments for such products have completed training provided by the seller to ensure such individuals understand the requirements of this section.

(4) No person shall purchase, receive or otherwise acquire more than seven and one-half grams of any drug product or combination of drug products containing ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers within any thirty-day period.

(5) Sellers of such drug products shall comply with applicable federal laws and regulations.