Dangerous Substance

" Dangerous substance" occurs when the person responsible for the care of a child did any of the following:

  • In the presence of a child:
    • Unlawfully used, possessed, manufactured, cultivated, or distributed a dangerous substance, or
    • Knowingly allowed use, possession, manufacture, cultivation, or distribution of a dangerous substance by another person, or
    • Possesses a product with the intent to use the product as a precursor or an intermediary to a dangerous substance.
  • In a child’s home, on the premises, or in a motor vehicle located on the premises (even if a child was not present):
    • Unlawfully used, possessed, manufactured, cultivated, or distributed amphetamine, methamphetamine, or a chemical or combination of chemicals that poses a risk of causing an explosion, fire, or other danger to the life or health of persons who are in the vicinity while the chemical or combination of chemicals is used or intended to be used in the manufacturing of an illegal or controlled substance.

For the purposes of this definition, "in the presence of a child" means:

  • in the physical presence of a child, or
  • occurring under other circumstances in which a reasonably prudent person would know that the use,  possession, manufacture, cultivation, or distribution may be seen, smelled, ingested, or heard by a child.

For the purpose of this definition, "dangerous substance" means any of the following:

  • Amphetamine, its salts, isomers, or salts of its isomers
  • Methamphetamine, its salts, isomers, or salts of its isomers
  • A chemical or combination of chemicals that poses a reasonable risk of causing an explosion, fire, or other danger to the life or health of people who are in the vicinity while the chemical or combination of chemicals is used or is intended to be used in any of the following:
    • The process of manufacturing an illegal or controlled substance
    • As a precursor in the manufacturing of an illegal or controlled substance
    • As an intermediary in the manufacturing of an illegal or controlled substance
  • Cocaine, its salts, isomers, salts of its isomers, or derivatives
  • Heroin, its salts, isomers, salts of its isomers, or derivatives
  • Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate