Utah Code 58-37d-6. Legal inference of intent — Illegal possession of a controlled substance precursor or clandestine laboratory equipment
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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
Terms Used In Utah Code 58-37d-6
- Clandestine laboratory operation: means the:(1)(b)(i) purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances;(1)(b)(ii) transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;(1)(b)(iii) setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;(1)(b)(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;(1)(b)(v) illegal manufacture of specified controlled substances; or(1)(b)(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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
(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:(2)(a) glass reaction vessel;(2)(b) separatory funnel;(2)(c) glass condenser;(2)(d) analytical balance;(2)(e) heating mantle;(2)(f) pill press machine or similar device;(2)(g) closed loop extraction system;(2)(h) extraction tube; or(2)(i) rotary evaporator.