Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 58. Table of Contents]
58-37d-1 Short title.
This act shall be known as the "Clandestine Drug Lab Act."
1992
58-37d-2 Purpose.
The clandestine production of methamphetamine, other amphetamines,
phencyclidine, narcotic analgesic analogs so called "designer
drugs", various hallucinogens, cocaine and methamphetamine
base "crack" cocaine and methamphetamine "ice" respectively,
has increased dramatically throughout the western states
and Utah. These highly technical illegal operations create
substantial dangers to the general public and environment
from fire, explosions, and the release of toxic chemicals.
By their very nature these activities often involve a number
of persons in a conspiratorial enterprise to bring together
all necessary components for clandestine production, to thwart
regulation and detection, and to distribute the final product.
Therefore, the Legislature enacts the following Utah Clandestine
Laboratory Act for prosecution of specific illegal laboratory
operations. With regard to the controlled substances specified
herein, this act shall control, notwithstanding the prohibitions
and penalties in Title 58, Chapter 37, Utah Controlled Substances
Act.
1992
58-37d-3 Definitions.
(1) As used in this chapter:
(a) "Booby trap" means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. This term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases.
(b) "Clandestine laboratory operation" means the:
(i) purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances;
(ii) transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;
(iii) setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;
(iv) activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of any substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances;
(v) illegal manufacture of specified controlled substances; or
(vi) distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances.
(c) "Controlled substance precursor" means those chemicals designated in Title 58, Chapter 37c, Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3 (2)(kk) and (ll).
(d) "Disposal" means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous or dangerous material into or on any property, land or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater.
(e) "Hazardous or dangerous material" means any substance which because of its quantity, concentration, physical characteristics, or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness, or may pose a substantial present or potential future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed.
(f) "Illegal manufacture of specified controlled substances" means in violation of Title 58, Chapter 37, Utah Controlled Substances Act, the:
(i) compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing for the purpose of producing methamphetamine, other amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid diethylamide, or mescaline;
(ii) conversion of cocaine or methamphetamine to their base forms; or
(iii) extraction, concentration, or synthesis of marijuana as that drug is defined in Section 58-37-2 .
(2) Unless otherwise specified, the definitions in Section
58-37-2
also apply to this chapter.
2003
58-37d-4 Prohibited acts - Second degree felony.
(1) It is unlawful for any person to knowingly or intentionally:
(a) possess a controlled substance precursor with the intent to engage in a clandestine laboratory operation;
(b) possess laboratory equipment or supplies with the intent to engage in a clandestine laboratory operation;
(c) sell, distribute, or otherwise supply a precursor chemical, laboratory equipment, or laboratory supplies knowing or having reasonable cause to believe it will be used for a clandestine laboratory operation;
(d) evade recordkeeping provisions of Title 58, Chapter 37c, Controlled Substances Precursor Act, or the regulations issued under that act, knowing or having reasonable cause to believe that the material distributed or received will be used for a clandestine laboratory operation;
(e) conspire with or aid another to engage in a clandestine laboratory operation;
(f) produce or manufacture, or possess with intent to produce or manufacture a controlled or counterfeit substance except as authorized under Title 58, Chapter 37, Utah Controlled Substances Act;
(g) transport or convey a controlled or counterfeit substance with the intent to distribute or to be distributed by the person transporting or conveying the controlled or counterfeit substance or by any other person regardless of whether the final destination for the distribution is within this state or any other location; or
(h) engage in compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of any substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, knowing or having reasonable cause to believe that the substance that is a product of any of these activities and will be used in the illegal manufacture of specified controlled substances.
(2) A person who violates any provision of Subsection
(1) is guilty of a second degree felony.
2003
58-37d-5 Prohibited acts - First degree felony.
(1) A person who violates Subsection 58-37d-4 (1)(a), (b), (e), (f), or (h) is guilty of a first degree felony if the trier of fact also finds any one of the following conditions occurred in conjunction with that violation:
(a) possession of a firearm;
(b) use of a booby trap;
(c) illegal possession, transportation, or disposal of hazardous or dangerous material or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment;
(d) intended laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school;
(e) clandestine laboratory operation actually produced any amount of a specified controlled substance; or
(f) intended clandestine laboratory operation was for the production of cocaine base or methamphetamine base.
(2) If the trier of fact finds that two or more of the conditions listed in Subsections (1)(a) through (f) of this section occurred in conjunction with the violation, at sentencing for the first degree felony:
(a) probation shall not be granted;
(b) the execution or imposition of sentence shall not be suspended; and
(c) the court shall not enter a judgment for a lower category
of offense.
2003
58-37d-6 Legal inference of intent - Illegal possession of a controlled substance precursor or clandestine laboratory equipment.
The trier of fact may infer that the defendant intended to engage in a clandestine laboratory operation if the defendant:
(1) is in illegal possession of a controlled substance precursor; or
(2) illegally possesses or attempts to illegally possess a controlled substance precursor and is in possession of any one of the following pieces of equipment:
(a) glass reaction vessel;
(b) separatory funnel;
(c) glass condenser;
(d) analytical balance; or
(e) heating mantle.
1992
58-37d-7 Seizure and forfeiture.
Chemicals, equipment, supplies, vehicles, aircraft, vessels,
and personal and real property used in furtherance of a clandestine
laboratory operation are subject to seizure and forfeiture
under the procedures and substantive protections of Title
24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
2002
58-37d-8 Applicability of Title 76 prosecutions under this chapter.
Unless specifically excluded in or inconsistent with the
provisions of this chapter, the provisions of Title 76, Chapters
1, 2, 3, and 4, are fully applicable to prosecutions under
this chapter.
1997
58-37d-9 Department of Public Safety enforcement authority.
(1) As used in this section, "division" means the Criminal Investigations and Technical Services Division of the Department of Public Safety, created in Section 53-10-103 .
(2) The division has authority to enforce this chapter. To carry out this purpose, the division may:
(a) assist the law enforcement agencies of the state in enforcing this chapter;
(b) conduct investigations to enforce this chapter;
(c) present evidence obtained from investigations conducted in conjunction with appropriate county and district attorneys and the Office of the Attorney General for civil or criminal prosecution or for administrative action against a licensee; and
(d) work in cooperation with the Division of Occupational
and Professional Licensing, created under Section
58-1-103
, to accomplish the purposes of this section.
1999
