76-18-506. Unlawful clandestine drug offense.
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Effective 5/6/2026
76-18-506. Unlawful clandestine drug offense.
(1)Terms defined in Sections 58-37-101 , 76-1-101.5 , 76-18-101 , and 76-18-501 apply to this section.
(2)An actor commits an unlawful clandestine drug offense if the actor knowingly or intentionally:
(a)possesses a controlled substance or a controlled substance precursor with the intent to engage in a clandestine laboratory operation;
(b)possesses laboratory equipment or supplies with the intent to engage in a clandestine laboratory operation;
(c)sells, distributes, or otherwise supplies 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)evades the recordkeeping provisions of Title 58, Chapter 37c, Controlled Substance Precursors, knowing or having reasonable cause to believe that the material distributed or received will be used for a clandestine laboratory operation;
(e)conspires with or aids another to engage in a clandestine laboratory operation;
(f)produces or manufactures, or possesses with intent to produce or manufacture, a controlled or counterfeit substance except as authorized under Part 2, Offenses Concerning Controlled Substances, or Title 58, Chapter 37, Controlled Substances;
(g)transports or conveys a controlled or counterfeit substance with the intent to distribute or to be distributed by the actor 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)engages 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.
(a)Except as provided in Subsection (3)(b) , a violation of Subsection
(2)is a second degree felony punishable by imprisonment for an indeterminate term of not less than three years nor more than 15 years.
(b)Subject to Subsection
(4), a violation of Subsection (2)(a) ,
(b),
(e),
(f), or
(h)is a first degree felony if the trier of fact also finds any one of the following conditions occurred in conjunction with the violation:
(i)possession of a firearm;
(ii)use of a booby trap;
(iii)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;
(iv)the intended laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school;
(v)the clandestine laboratory operation actually produced any amount of a specified controlled substance or a counterfeit opioid; or
(vi)the intended clandestine laboratory operation was for the production of cocaine base or methamphetamine base.
(4)If the trier of fact finds that two or more of the conditions listed in Subsection (3)(b) occurred in conjunction with a violation of Subsection (2)(a) ,
(b),
(e),
(f), or
(h)at sentencing for the first degree felony:
(a)probation may not be granted;
(b)the execution or imposition of the sentence may not be suspended; and
(c)the court may not enter a judgment for a lower category of offense.
Renumbered and Amended by Chapter 362 , 2026 General Session