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The Nevada Supreme Court ruled unconstitutional a state law that criminalized the possession of various substances used in the manufacture of methamphetamine. The December 20 ruling came in two cases where the defendants were charged with possession of "a majority of the ingredients" needed to make meth, but the court held that the law was unconstitutionally vague and dismissed both cases.

In August 2000, Kit and Alice Burdg were arrested in Sun Valley after police found flasks, funnels, scales, coffee filters, matches, ephedrine tablets, hydrogen peroxide, acetone and Red Devil dye. A month later, the same Washoe County narcotics unit arrested Stephen Santillanez and Larry Shawn Early after finding iodine, ephedrine, pseudoephedrine, red phosphorus and hydrochloric acid on their property.

In both cases, the defendants were charged under the "ingredients" statute, but District Judge Jim Hardesty agreed with defense lawyers that the law was so vague as to be impermissible under the Nevada constitution and dismissed the cases. Washoe County prosecutors appealed, but the state Supreme Court agreed with Hardesty.

The court held that the law "is facially vague because it infringes on constitutionally protected conduct, is incapable of any valid applications, fails to provide sufficient notice of the prohibited conduct, and encourages arbitrary and discriminatory enforcement." But the court also voided the law because it failed to require police to prove criminal intent and thus imposes criminal sanctions on otherwise lawful activity. "The statute at issue is missing not only the intent to possess a majority of the ingredients required to manufacture but, more significantly, the intent to possess those ingredients for the purpose of manufacturing a controlled substance."

Experts testifying before the court said many of the suspect ingredients, such as iodine, a common disinfectant, and red phosphorus, the primary ingredient in matches, are common items found in many homes.

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