Table of Contents TITLE 45. CRIMES CHAPTER 9. DANGEROUS DRUGS Part 1. Offenses Involving Dangerous Drugs
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31 45-9-101 98 45-9-102 30 45-9-103 2 45-9-104 45-9-105 1 45-9-106 1 45-9-107 45-9-108 45-9-109 3 45-9-110 45-9-111 45-9-112 1 45-9-113 45-9-114 45-9-115 45-9-116 45-9-121 45-9-125 45-9-127 7 45-9-130 45-9-131 6 45-9-132

Mont. Code Ann. § 45-9-132

(2003)

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.

Opinions construing this section

6 opinions
2023 MT 116 Jun 14, 2023 Reversed
State v. R. Hinman
Concurring by Mike McGrath · 4 to 2 with 4 concurring
A now not only applies to sexual and violent offenses, but also to arson and unlawful operation of a clandestine laboratory. Section 46-23-502(13)(a), 45-6-103, 45-9-132, MCA. 33 prospectively as part of a sentence. For purposes of Article II, Section 28(2), the constitutional method of engaging in the sort of surveillance SVO
2020 MT 293N Nov 24, 2020 Affirmed
State v. L. Hughes
Majority by Laurie McKinnon · 5 to 0
duals’ initials. 2 ¶4 On August 10, 2018, Hughes was charged with three felony offenses: (1) operation of unlawful clandestine laboratory, pursuant to § 45-9-132(1)(a), MCA; (2) attempted criminal distribution of dangerous drugs, pursuant to §§ 45-4-103(1) and 45-9-101, MCA; and (3) criminal possession of dangerous drugs (metham
2014 MT 192A Oct 23, 2014 Reversed
State v. Ghostbear
Concurring by Laurie McKinnon · 4 to 0 with 2 concurring
enhancing acts, omissions, or facts), despite the “is not limited to” language. S. Jud. Comm., Mins., 57th Reg. Sess., at 9-10 (Mont. Mar. 23, 2001). ¶35 Section 45-9-132, MCA—also enacted in 2001—further illustrates what the Legislature had in mind. Using the same structural framework as the sexual assault statute, the statutor
2009 MT 202 Jun 9, 2009 Affirmed
State v. Joshua Dewitz
Majority by James C. Nelson · 4 to 0
on on September 21, 2004, and returned to Montana for trial. The State charged Dewitz with Operation of an Unlawful Clandestine Lab, a felony, in violation of § 45-9-132, MCA, and Criminal Endangerment, a felony, in violation of § 45-5-207, MCA. A jury found Dewitz guilty of both offenses on June 29, 2005. For the offense of Opera
2009 MT 82 Mar 18, 2009 Affirmed in part, reversed in part
State v. G. Makarchuk
Majority by Jim Rice · 4 to 0
tent with operation of a drug lab. Makarchuk was arrested and charged with the offense of operating an unlawful clandestine laboratory, a felony, pursuant to § 45-9-132(1), MCA. Makarchuk pled not guilty. ¶8 Prior to trial, Makarchuk moved for release on his own recognizance. The motion was denied. Thereafter, pursuant to a stipula
Official Annotations archive.org, 2003 edition
History:
En. Sec. 2, Ch. 260, L. 2001
Amd. Sec. 1, Ch. 146, L. 2003
Source text on leg.mt.gov