318-D:2 Manufacture of Methamphetamine. –
I. It shall be unlawful for any person to knowingly manufacture or attempt to manufacture methamphetamine. A person is guilty of an attempt to manufacture methamphetamine if the person:
(a) With the purpose that the crime of manufacturing methamphetamine be committed, the person engages in any conduct that, under the circumstances as the person believes them to be, is an act constituting a substantial step toward the commission of the crime; or
(b) Possesses one or more of the following substances or their salts or isomers, with the intent to manufacture methamphetamine:
(1) Acetic acid.
(2) Acetic anhydride.
(3) Aluminum.
(4) Ammonium nitrate.
(5) Anhydrous ammonia.
(6) Benzaldehyde.
(7) Benzyl chloride.
(8) Benzyl cyanide.
(9) Chloroephedrine.
(10) Chloropseudoephedrine.
(11) Elemental phosphorous.
(12) Ephedrine.
(13) Ethylamine.
(14) Formic acid.
(15) Hydriodic acid.
(16) Hydrochloric acid.
(17) Hydrogen.
(18) Hydrogen peroxide.
(19) Hypophosphorus acid.
(20) Iodine.
(21) Lithium metal.
(22) Mercuric chloride.
(23) Methylamine.
(24) N-methyl formamide.
(25) Nitroethane.
(26) Palladium.
(27) Perchloric acid.
(28) Phenylacetic acid.
(29) Phosphorous pentachloride.
(30) Platinum.
(31) Raney nickel.
(32) Sodium acetate.
(33) Sodium hydroxide.
(34) Sodium hypochlorite.
(35) Sodium hypophosphite.
(36) Sodium metal.
(37) Sodium/potassium cyanide.
(38) Sulfuric acid.
(39) Thionyl chloride.
(40) Tincture of iodine.
(c) Possesses one or more of the following organic solvents with the intent to manufacture methamphetamine:
(1) Acetone.
(2) Chloroform.
(3) Cyclohexane.
(4) Ethanol.
(5) Ether.
(6) Light petroleum distillates.
(7) Methanol.
(8) Methyl isobutyl ketone.
(9) Phenyl-2 porpanone.
(10) Tetrachloroethylene.
(11) Toluene.
II. Notwithstanding the provisions of RSA 318-B:26, I, a person convicted under this section may be sentenced to imprisonment for not more than 30 years, a fine of not more than $500,000, or both. A person convicted under this section who has one or more prior offenses as defined in RSA 318-B:27, shall be sentenced to imprisonment for not less than 5 years and not more than life imprisonment, a fine of not more than $500,000, or both.
III. A court may require a person convicted of manufacturing or attempting to manufacture methamphetamine, where the response to the crime involved an emergency response or a hazardous substance cleanup operation, to pay restitution to all public entities, or private entities under contract to a public entity, that participated in the response or the cleanup. The restitution ordered shall cover the reasonable costs of the entities' participation in the response and the reasonable costs of the site cleanup.
IV. In addition to the restitution authorized in paragraph III, a court may require a person convicted of manufacturing or attempting to manufacture methamphetamine to pay restitution to a property owner who incurred removal or remediation costs as a result of the crime.