Section 4 – Prohibited acts — Second degree felony.

Effective 5/14/2019 58-37d-4. Prohibited acts — Second degree felony. (1) It is unlawful for any person to knowingly or intentionally: (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 […]

Section 5 – Prohibited acts — First degree felony.

Effective 5/14/2019 58-37d-5. Prohibited acts — First degree felony. (1) A person who violates Subsection 58-37d-4(1)(a), (b), (e), (f), or (h) is guilty of a first degree felony if the trier of fact also finds any one of the following conditions occurred in conjunction with that violation: (a) possession of a firearm; (b) use of […]

Section 6 – Legal inference of intent — Illegal possession of a controlled substance precursor or clandestine laboratory equipment.

Effective 5/14/2019 58-37d-6. Legal inference of intent — Illegal possession of a controlled substance precursor or clandestine laboratory equipment. 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 (2) illegally possesses or attempts […]

Section 7 – Seizure and forfeiture.

Effective 5/12/2015 58-37d-7. Seizure and forfeiture. Chemicals, equipment, supplies, vehicles, aircraft, vessels, and personal and real property used in furtherance of a clandestine laboratory operation are subject to seizure and forfeiture under the procedures and substantive protections of Title 24, Forfeiture and Disposition of Property Act. Amended by Chapter 258, 2015 General Session

Section 8 – Applicability of Title 76 prosecutions under this chapter.

58-37d-8. Applicability of Title 76 prosecutions under this chapter. Unless specifically excluded in or inconsistent with the provisions of this chapter, the provisions of Title 76, Chapter 1, General Provisions, Chapter 2, Principles of Criminal Responsibility, Chapter 3, Punishments, and Chapter 4, Inchoate Offenses, are fully applicable to prosecutions under this chapter. Enacted by Chapter […]

Section 9 – Department of Public Safety enforcement authority.

Effective 5/4/2022 58-37d-9. Department of Public Safety enforcement authority. (1) As used in this section, “division” means the Criminal Investigations and Technical Services Division of the Department of Public Safety, created in Section 53-10-103. (2) The division has authority to enforce this chapter. To carry out this purpose, the division may: (a) assist the law […]