Utah Code 58-37d-6. Legal inference of intent — Illegal possession of a controlled substance precursor or clandestine laboratory equipment
Current as of: 2023 | Check for updates
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The trier of fact may infer that a defendant intended to engage in a clandestine laboratory operation if the defendant:
| (1) | is in illegal possession of a controlled substance precursor; or |
| (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 | ||||||||||||||||||
| (2) | illegally possesses or attempts to illegally possess a controlled substance or controlled substance precursor and is in possession of any one of the following pieces of equipment:
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Amended by Chapter 420, 2019 General Session