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mits a Level 6 felony. However, the offense is a
Level 5 felony if the person possessed:
(1) a firearm while possessing anhydrous
ammonia or ammonia solution (as defined
in IC 22-11-20-1) with intent to manu-
facture methamphetamine or ampheta-
mine, schedule II controlled substances
under IC 35-48-2-6; or
(2) anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1)
with intent to manufacture methampheta-
mine or amphetamine, schedule II con-
trolled substances under IC 35-48-2-6, in,
on, or within five hundred (500) feet of:
(A) school property while a person
under eighteen (18) years of age was
reasonably expected to be present; or
(B) a public park while a person
under eighteen (18) years of age was
reasonably expected to be present.
(d) Subsection (b) does not apply to a:
(1) licensed health care provider, phar-
macist, retail distributor, wholesaler, man-
ufacturer, warehouseman, or common
carrier or an agent of any of these persons
if the possession is in the regular course of
lawful business activities; or
(2) person who possesses more than ten
(10) grams of a substance described in
subsection (b) if the substance is pos-
sessed under circumstances consistent
with typical medicinal or household use,
including:
(A) the location in which the sub-
stance is stored;
(B) the possession of the substance in
a variety of:
(i) strengths;
(ii) brands; or
(iii)types; or
(C) the possession of the substance:
(i) with different expiration
dates; or
(ii) in forms used for different
purposes.
(e) A person who possesses two (2) or more
chemical reagents or precursors with the intent to
manufacture a controlled substance commits a
Level 6 felony.
(f) An offense under subsection (e) is a Level
5 felony if the person possessed:
(1) a firearm while possessing two (2)
or more chemical reagents or precursors
with intent to manufacture a controlled
substance; or
(2) two (2) or more chemical reagents or
precursors with intent to manufacture a
controlled substance in, on, or within five
hundred (500) feet of:
(A) school property while a person
under eighteen (18) years of age was
reasonably expected to be present; or
(B) a public park while a person
under eighteen (18) years of age was
reasonably expected to be present.
(g) A person who sells, transfers, distributes,
or furnishes a chemical reagent or precursor to
another person with knowledge or the intent that
the recipient will use the chemical reagent or pre-
cursors to manufacture a controlled substance
commits unlawful sale of a precursor, a Level 6
felony. However, the offense is a Level 5 felony
if the person sells, transfers, distributes, or fur-
nishes more than ten (10) grams of ephedrine,
pseudoephedrine, or phenylpropanolamine.
(h) This subsection does not apply to a drug
containing ephedrine, pseudoephedrine, or phenyl-
propanolamine that is dispensed under a pre-
scription. A person who:
(1) has been convicted of:
(A) dealing in methamphetamine (IC
35-48-4-1.1);
(B) possession of more than ten (10)
grams of ephedrine, pseudoephedrine
or phenylpropanolamine (subsection
(b));
(C) possession of anhydrous ammo-
nia or ammonia solution (as defined
in IC 22-11-20-1) with intent to man-
ufacture methamphetamine or
amphetamine (subsection (c));
(D) possession of two (2) or more
chemical reagents or precursors with
the intent to manufacture a controlled
