Montana § 45-9-132 Operation Of Unlawful Clandestine Laboratory -- Penalties

Montana Statutes

§ 45-9-132 — Operation Of Unlawful Clandestine Laboratory -- Penalties

Montana·Title 45 CRIMES·Ch. 9 DANGEROUS DRUGS·Part 1 Offenses Involving Dangerous Drugs

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)

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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.

Montana § 45-9-132 (Operation Of Unlawful Clandestine Laboratory -- Penalties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.