45-9-132. Operation of unlawful clandestine laboratory -- penalties. (1) A person commits the offense of operation of an unlawful clandestine laboratory if the person purposely or knowingly engages in:
(a) the procurement, possession, or use of chemicals, precursors to dangerous drugs, supplies, equipment, or a laboratory location for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110;
(b) the transportation of or arranging for the transportation of chemicals, precursors to dangerous drugs, supplies, or equipment for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110; or
(c) the setting up of equipment or supplies in preparation for the criminal production or manufacture of dangerous drugs as prohibited by 45-9-110.
(2) Except as provided in subsections (3) and (4), a person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $25,000, be imprisoned in a state prison for a term not to exceed 40 years, or both.
(3) A person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $50,000, be imprisoned in a state prison for a term not to exceed 50 years, or both, if 46-1-401 is complied with and the operation of an unlawful clandestine laboratory or any phase of the operation:
(a) created a substantial risk of death of or serious bodily injury to another;
(b) took place within 500 feet of a residence, business, church, or school; or
(c) took place in the presence of a person less than 18 years of age.
(4) A person convicted of operation of an unlawful clandestine laboratory shall be fined an amount not to exceed $100,000, be imprisoned in a state prison for a term not to exceed 50 years, or both, if 46-1-401 is complied with and the operation of an unlawful clandestine laboratory or any phase of the operation involved the use of a firearm or booby trap.
History: En. Sec. 2, Ch. 260, L. 2001; amd. Sec. 1, Ch. 146, L. 2003.
Structure Montana Code Annotated
Part 1. Offenses Involving Dangerous Drugs
45-9-101. Criminal distribution of dangerous drugs
45-9-102. Criminal possession of dangerous drugs
45-9-103. Criminal possession with intent to distribute
45-9-104. Fraudulently obtaining dangerous drugs
45-9-105. Altering labels on dangerous drugs
45-9-106. Penalty for fraudulently obtaining dangerous drugs or altering labels of dangerous drugs
45-9-107. Criminal possession of precursors to dangerous drugs
45-9-110. Criminal production or manufacture of dangerous drugs
45-9-111. Imitation dangerous drugs -- definitions
45-9-112. Criminal distribution of imitation dangerous drug -- penalty
45-9-113. Criminal possession of imitation dangerous drug with the purpose to distribute -- penalty
45-9-114. Criminal advertisement of imitation dangerous drug -- penalty
45-9-115. Criminal manufacture of imitation dangerous drug -- penalty
45-9-116. Imitation dangerous drugs -- exemptions -- rules
45-9-117. through 45-9-120 reserved
45-9-121. Criminal possession of toxic substance -- penalty
45-9-122. through 45-9-124 reserved
45-9-125. Continuing criminal enterprise -- penalty
45-9-127. Carrying dangerous drugs on train -- penalty
45-9-128. and 45-9-129 reserved
45-9-130. Mandatory fine for possession and storage of dangerous drugs -- disposition of proceeds
45-9-132. Operation of unlawful clandestine laboratory -- penalties