(A) As used in this section, "powdered or crystalline alcohol" is alcohol prepared or sold in a powdered or crystalline form that contains any amount of alcohol when hydrolyzed for either direct use or reconstitution for human consumption.

(B)(1) It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess powdered or crystalline alcohol.

(2) It is unlawful for a holder of a license pursuant to the provisions of this chapter for on-premises or off-premises consumption of alcoholic liquors to use powdered or crystalline alcohol as an alcoholic beverage.

(3) Any person or license holder that violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of not more than three hundred dollars or imprisonment for not more than thirty days, or both;

(b) for a second offense, by a fine of not more than seven hundred fifty dollars or imprisonment for not more than six months, or both;

(c) for a third or subsequent offense, by a fine of not more than three thousand dollars or imprisonment for not more than two years, or both.

(C) This section does not apply to the use of powdered or crystalline alcohol for commercial uses specifically approved by state law, or for bona fide research purposes by a:

(1) health care provider that operates primarily for the purpose of conducting scientific research;

(2) state institution;

(3) private college or university; or

(4) pharmaceutical or biotechnology company.

HISTORY: 2014 Act No. 253 (H.4399), Section 2.A, eff June 6, 2014; 2015 Act No. 73 (S.179), Section 2, eff June 5, 2015.

Editor's Note

2014 Act No. 253, Section 2.B, provides as follows:

"The provisions of this SECTION are repealed effective one year following the effective date of this act [June 6, 2014].

Effect of Amendment

2015 Act No. 73, Section 2, rewrote (A), substituting the definition of "powdered or crystalline alcohol" for "powdered alcohol"; in (B)(1), (B)(2), and (C), added "or crystalline"; and in (C), inserted "specifically approved by state law, or for".