What Regulatory Controls Currently exist on Red Phosphorus?
Since red phosphorus is a common chemical used in methamphetamine production, it has already been placed on the Attorney General’s “special surveillance list” of “laboratory supplies”. The Comprehensive Methamphetamine Control Act of 1996 (MCA) amended the CSA via the addition of 21 U.S.C. 842(a)(11), which makes it unlawful for any person to distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, with reckless disregard for the illegal uses to which such laboratory supply will be put. The MCA defines “laboratory supply” as a “listed chemical or any chemical, substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials, or equipment used in the manufacture of controlled substances and listed chemicals.” This special surveillance list was published by DEA on May 13, 1999 (64 FR 25910) and includes red phosphorus. Wh
