A. It shall be unlawful for a person to knowingly and unlawfully possess a drug product containing ephedrine, pseudo-ephedrine, or phenylpropanolamine or their salts, isomers, or salts of isomers with intent to use the product as a precursor to manufacture methamphetamine or another controlled substance.

B. Controlled or counterfeit substances shall consist of the substances listed in 21 U.S.C. § 812, as amended, and to include addition of a drug product containing more than nine grams of ephedrine, pseudo-ephedrine or phenylpropanolamine or their salts, isomers, or salts of isomers to Schedule V, and any other chemical substance, natural or artificial, defined as a controlled or dangerous substance, the possession, sale, distribution or use of which is prohibited by federal law, except peyote. It shall not be unlawful for any registered members of the Native American Church to transport, buy, sell, possess, or use peyote in any form in connection with recognized bona fide practices, sacraments, or services of the Native American Church consistent with the American Indian Religious Freedom Act and its amendments.

C. Unlawful precursor substances offenses shall be punishable by a fine not less than Five Hundred Dollars ($500.00), yet not to exceed Five Thousand Dollars ($5,000.00), or by a term of imprisonment not less than thirty (30) days, yet not to exceed three hundred and sixty-five (365) days, or a combination of both fine and imprisonment. This punishment shall not be subject to deferred or suspended sentence. Upon conviction under this section for sales distribution, possession with intent to distribute, manufacture with intent to sell or cultivation with intent to distribute, banishment may also be imposed for a term not to exceed ten (10) years. ONCA 07-04, eff. Nov. 15, 2006.