Criminal production or manufacture of dangerous drugs
(1) Except as provided in Title 16, chapter 12, a person commits the offense of criminal production or manufacture of dangerous drugs if the person knowingly or purposely produces, manufactures, prepares, cultivates, compounds, or processes a dangerous drug, as defined in 50-32-101.
(2) A person convicted of criminal production or manufacture of dangerous drugs, as defined in 50-32-101, shall be imprisoned in the state prison for a term of not more than 25 years and may be fined an amount not to exceed $50,000.
(3) A person convicted of production of marijuana or tetrahydrocannabinol in an amount greater than permitted or for which a penalty is not specified under Title 16, chapter 12, or manufacture without the appropriate license pursuant to Title 16, chapter 12, shall be imprisoned in the state prison for a term of not more than 5 years and may be fined an amount not to exceed $5,000, except that if the total weight is more than a pound or the number of plants is more than 30, the person shall be imprisoned in the state prison for a term of not more than 25 years and may be fined an amount not to exceed $50,000. "Weight" means the weight of the dry plant and includes the leaves and stem structure but does not include the root structure.
(4) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section.
| EnactedEn. SectionSec. 1, ChapterCh. 448, Laws ofL. 1993 |
| AmendedAmd. SectionSec. 90, ChapterCh. 114, Laws ofL. 2003 (SB 10 - Grimes, Duane (R) SD 20) |
| AmendedAmd. SectionSec. 14, Initiative Measure NumberI.M. No. 148, approved Nov. 2, 2004 |
| AmendedAmd. SectionSec. 4, ChapterCh. 156, Laws ofL. 2011 (HB 185 - Berry, Tom (R) HD 45) |
| AmendedAmd. SectionSec. 4, ChapterCh. 135, Laws ofL. 2013 (HB 140 - Berry, Tom (R) HD 45) |
| AmendedAmd. SectionSec. 22, ChapterCh. 321, Laws ofL. 2017 (HB 133 - McConnell, Nate (D) HD 89) |
| AmendedAmd. SectionSec. 44, Initiative Measure NumberI.M. No. 190, approved Nov. 3, 2020 |
| AmendedAmd. SectionSec. 72, ChapterCh. 576, Laws ofL. 2021 (HB 701 - Hopkins, Mike (R) HD 92) |