Possession or Transport of Anhydrous Ammonia; Use of or Tampering With Equipment: Texas Health and Safety Code §481.1245

The Texas Possession or Transport of Anhydrous Ammonia; Use of or Tampering With Equipment law gives police the right to arrest you if they believe you possessed or transported anhydrous ammonia in a container not designed to hold anhydrous ammonia.

You can also be arrested if police believe you used, sold, tampered with, or transported equipment or a container designed to hold anhydrous ammonia without the owner’s consent.

The Texas legislature codified this criminal offense in Texas Health and Safety Code Section 481.1245. The law was not updated in 2023. In fact, this law has not been amended since 2005.

The Health and Safety Code classifies the Texas Possession, Use, or Transport of Anhydrous Ammonia law under Title 6 “Food, Drugs, Alcohol, and Hazardous Substances,” Chapter 481 “Texas Controlled Substances Act.” Learn more about the Texas offense of Possession or Transport of Anhydrous Ammonia; Use of or Tampering With Equipment below.

What is the current Texas law about Possession or Transport of Anhydrous Ammonia; Use of or Tampering With Equipment?

Texas law currently defines the offense of Possession or Transport of Anhydrous Ammonia; Use of or Tampering With Equipment in Health and Safety Code Section §481.1245 as follows:^[1]

(a) A person commits an offense if the person:

(1) possesses or transports anhydrous ammonia in a container or receptacle that is not designed or manufactured to hold or transport anhydrous ammonia;

(2) uses, transfers, or sells a container or receptacle that is designed or manufactured to hold anhydrous ammonia without the express consent of the owner of the container or receptacle; or

(3) tampers with equipment that is manufactured or used to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment.

How can I be charged with a Possession, Use, or Transport of Anhydrous Ammonia offense in Texas?

You can be charged with Possession or Transport of Anhydrous Ammonia if the state’s attorneys believe that each of the elements of 481.1245(a) as described in the section above have been met.

What is the statute of limitation for Possession, Use, or Transport of Anhydrous Ammonia in Texas?

Misdemeanor level Possession, Use, or Transport of Anhydrous Ammonia charges have a two-year limitations period.^[2] Felony level offenses have a three-year limitations period.^[3]

What is the penalty for a Texas Possession, Use, or Transport of Anhydrous Ammonia offense?

A conviction for Possession or Transport of Anhydrous Ammonia is punished as a third degree felony,^[4] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

Can you get probation for Possession, Use, or Transport of Anhydrous Ammonia in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Possession, Use, or Transport of Anhydrous Ammonia, and judges are also allowed to accept deferred adjudication plea deals.^[5]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[6]

What level of crime is Possession, Use, or Transport of Anhydrous Ammonia in Texas?

The Health and Safety Code classifies Possession, Use, or Transport of Anhydrous Ammonia as a third degree felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Health and Safety Code §481.1245. This law is current as of 2024.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Health and Safety Code §481.1245(b)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^6. Art. 42A.054(b), Texas Code of Criminal Procedure