2011 Montana Code Annotated
TITLE 45. CRIMES
CHAPTER 9. DANGEROUS DRUGS
Part 1. Offenses Involving Dangerous Drugs
45-9-132. Operation of unlawful clandestine laboratory -- penalties.

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.

History: En. Sec. 2, Ch. 260, L. 2001; amd. Sec. 1, Ch. 146, L. 2003.