Utah Code 58-37d-4. Prohibited acts — Second degree felony

(1)

It is unlawful for any person to knowingly or intentionally:

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Terms Used In Utah Code 58-37d-4

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 a 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. See Utah Code 58-37d-3

Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3

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, mescaline, tetrahydrocannabinol, or counterfeit opioid;

(ii)	conversion of cocaine or methamphetamine to their base forms; or

(iii)	extraction, concentration, or synthesis of tetrahydrocannabinol. See Utah Code 58-37d-3 Person: means :Utah Code 68-3-12.5 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)	possess a controlled substance or 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 controlled substance, controlled substance precursor, laboratory equipment, or laboratory supplies, knowing or having reasonable cause to believe any of these items will be used for a clandestine laboratory operation;

(d)	evade the recordkeeping provisions of Title 58, Chapter 37c, Utah Controlled Substance Precursor 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 another person regardless of whether the final destination for the distribution is within this state or another 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 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 Subsection (1) is guilty of a second degree felony punishable by imprisonment for an indeterminate term of not less than three years nor more than 15 years.

Amended by Chapter 420, 2019 General Session

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