(a) The Board of Pharmacy shall, within one year of July 29, 1991, designate by rule listed precursor chemicals.
(b) The Board of Pharmacy may subsequently by rule add chemicals as listed precursor chemicals following the criteria set forth in subdivision (2) of Section 20-2-180, and may also by rule delete any substance previously named as a listed precursor chemical. In no event shall a chemical also be designated as a listed precursor chemical if it has been determined to be a controlled substance or an immediate precursor chemical pursuant to the Alabama Uniform Controlled Substances Act, Section 20-2-1 et seq.
(c) If any chemical is designated or deleted as a listed precursor chemical under federal law and notice thereof is given to the Board of Pharmacy, the board shall similarly list or delete the substance under this article after the expiration of 30 days from publication in the federal register of a final rule or order designating or deleting such substance as a listed precursor chemical, unless, within 30 days from publication in the federal register of the final rule or order, the board objects to the designation or deletion. In that case, the board shall publish the reasons for objection in the Alabama Administrative Monthly and shall afford all interested parties an opportunity to submit written comments and to be heard. At the conclusion of the hearing and the comment period, the State Board of Pharmacy shall publish its decision, which shall be final unless altered by statute. Upon publication of an objection to the designation or deletion by the board, the designation or deletion is stayed until the board publishes its decision. Notwithstanding the provisions of the Alabama Administrative Procedure Act, Sections 41-22-1 through 41-22-27, no further rulemaking or administrative proceedings shall be required of the board with respect to the designation or deletion of substances similarly designated or deleted under federal law.
(d) Until the Board of Pharmacy adopts a rule designating listed precursor chemicals, as required by subsection (a), the following chemicals or substances are hereby deemed listed precursor chemicals:
(1) Acetic anhydride;
(2) Anthranilic acid and its salts;
(3) Benzyl cyanide;
(4) Ephedrine, its salts, optical isomers, and salts of optical isomers;
(5) Ergonovine and its salts;
(6) Ergotamine and its salts;
(7) Hydriodic acid;
(8) Isosafrol;
(9) Methylamine;
(10) N-Acetylanthranilic acid and its salts;
(11) Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(12) Phenylacetic acid and its salts;
(13) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;
(14) Piperidine and its salts;
(15) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(16) Safrole; and
(17) 3,4-Methylenedioxyphenyl-2-propanone.
(Acts 1991, No. 91-589, p. 1085, §2.)
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 2001–2026 · leading case:
Wallace v. State, 130 So. 3d 212 (Ala. Crim. App. 2013).
Wallace v. State, 130 So. 3d 212 (Ala. Crim. App. 2013).
· cites it 19× “Wallace first argues that the State failed to present sufficient evidence to convict him of manufacturing methamphetamine because, he says, it failed to prove that the substance was in fact methamphetamine or that he possessed any precursor chemical as that term is defined in §…”
State v. Halsten, 108 Wash. App. 759 (Wash. Ct. App. 2001).
“See Ala. Code § 20-2-181 (d)(15) (1997); Alaska Stat.”
Hulsey v. State, 196 So. 3d 342 (Ala. Crim. App. 2015).
· cites it 2× ““(2) Possesses ' precursor substances as determined in Section 20-2-181, in any amount with the intent to unlawfully manufacture a controlled substance.”
Snowden v. State, 968 So. 2d 1004 (Ala. Crim. App. 2006).
“[or] [p]ossesses precursor substances as determined in Section 20-2-181, in any amount with the intent to unlawfully manufacture a controlled substance," § 13A-12-217, and two or more of the following conditions occur in conjunction with the unlawful manufacture: "(1) Possession…”
Ex Parte Shaver, 894 So. 2d 781 (Ala. 2004).
“NOTES [1] Pseudoephedrine is a "precursor chemical" listed in § 20-2-181, Ala.Code 1975, that may be used in the manufacture of the controlled substance methamphetamine.”
Ex Parte Aaron, 913 So. 2d 1110 (Ala. 2005).
“Pseudoephedrine is a "precursor chemical" listed in § 20-2-181, Ala.Code 1975, that may be used in the manufacture of the controlled substance methamphetamine.”
Adams v. State, 124 So. 3d 750 (Ala. Crim. App. 2013).
““(2) Possesses precursor substances as determined in Section 20-2-181, in any amount with the intent to unlawfully manufacture a controlled substance.”
Lewis v. State, 911 So. 2d 35 (Ala. Crim. App. 2005).
· cites it 4× “Code 1975, requires that a person charged under this section possess more than one of the chemicals listed in § 20-2-181, Ala.Code 1975. The basis for Lewis’s contention is that § 13A-12-217(a)(2), Ala.”
Kailing (N.D. Ala. 2026).
· cites it 7× “Ala. Code § 20-2-181 (c). It is therefore apparent from the face of the statute that Alabama’s offense of possessing “precursor substances as determined in Section 20-2-181, in any amount with the intent to unlawfully manufacture a controlled substance” can include substances…”
State v. Haynes, 3 So. 3d 272 (Ala. Crim. App. 2008).
· cites it 2× “Code 1975, the State must prove that the appellee actually or constructively possessed a precursor chemical listed in § 20-2-181, Ala.Code 1975. However, unlawful possession of drug paraphernalia does not require proof that the appellee possessed a precursor chemical.”
Hatcher v. State, 936 So. 2d 1104 (Ala. Crim. App. 2006).
· cites it 8× “Code 1975, the mere use of the term “precursor substances” and a reference to § 20-2-181, Ala.Code 1975, in an indictment do not adequately put a defendant on notice of which prohibited items he or she is charged with possessing.”
— Ala. Code § 20-2-181(b) — 1 case
Kailing (N.D. Ala. 2026).
“Ala. Code § 20-2-181 (c). It is therefore apparent from the face of the statute that Alabama’s offense of possessing “precursor substances as determined in Section 20-2-181, in any amount with the intent to unlawfully manufacture a controlled substance” can include substances…”
— Ala. Code § 20-2-181(d) — 1 case
Wallace v. State, 130 So. 3d 212 (Ala. Crim. App. 2013).
“Wallace first argues that the State failed to present sufficient evidence to convict him of manufacturing methamphetamine because, he says, it failed to prove that the substance was in fact methamphetamine or that he possessed any precursor chemical as that term is defined in §…”
— Ala. Code § 20-2-181(d)(15) — 1 case
State v. Haynes, 3 So. 3d 272 (Ala. Crim. App. 2008).
“Code 1975, the State must prove that the appellee actually or constructively possessed a precursor chemical listed in § 20-2-181, Ala.Code 1975. However, unlawful possession of drug paraphernalia does not require proof that the appellee possessed a precursor chemical.”
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