Utah Clandestine Lab Attorney

In Utah, being charged with operating a clandestine lab can have serious consequences. Do not face these charges alone, let Weber Law help you today.

What is a Clandestine Laboratory Operation? 

Under Utah Code § 58-37d-3, a clandestine laboratory operation is:

1. Obtaining or purchasing chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances; 
2. Transporting or arranging the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;
3. Setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;
4. Distributing or disposing of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances.

If you are in any way involved in the manufacturing of controlled substances, you can be cited.

What is the Punishment?

There are two potential classifications for someone who is involved in clandestine lab operations. Either a second-degree felony or a first-degree felony. 

A second degree felony is charged if you are found guilty of knowingly or intentionally, possessing a controlled substance with the intent to engage in a clandestine laboratory operation, if you possess laboratory equipment or supplies with the intent to engage in a clandestine laboratory operation, or if you conspire with or aid another to engage in a clandestine laboratory operation. Other actions that could be charged as a second-degree felony for clandestine laboratory operations include, but are not limited to:

• Transporting or conveying a controlled or counterfeit substance with the intent of distribute or to be distributed by the person transporting or conveying the controlled or counterfeit substance;
• Engage in compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of any substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, knowing or having reasonable cause to believe that the substance is a product of any of these activities and will be used in the illegal manufacture of specified controlled substances. 

A second-degree felony charge for clandestine laboratory operations is punishable by a fine of imprisonment for not less than three years and not more than 15 years. 

A first degree felony is charged if you have committed the above offenses along with, possessing a firearm, using a booby trap, having a clandestine lab operation within 500 feet of a residence, place of business, church, or school, producing a cocaine base, or methamphetamine base. A first degree felony charge under the clandestine lab act is punishable by imprisonment for not less than three years and not more than 15 years, with no probation allowed, no suspended sentencing, and the court may not enter a judgment for a lower category of offense. This means that you could spend a more significant amount of time in prison then if you were charged with a second-degree felony.

How Can You Fight It?

If you have been cited with operating a clandestine lab in Utah, there are a few ways Weber Law can fight for you. Whether it is negotiating to lower the charge to a lesser crime, reducing your fine amount or jail time, making sure the charge doesn’t go on your record, or defending you at trial, Weber Law will work for you every step of the way. By looking at potential evidence such as security cameras, and eye witness testimony, Weber Law will make sure to look at all the details of your case. At Weber Law we are experienced in defending these charges, winning these cases, and getting you back to everyday life. A felony on your record can have detrimental effects on the rest of your life. 

This is not a charge you want to face alone; you need an experienced lawyer to help you navigate the system. The court room can be intimidating, let Weber Law do the work for you. The consequences for this charge are severe, which means you need a serious team of lawyers behind you to fight for you. If you are found guilty of a first-degree felony, you could be spending a significant amount of time in jail with no possibility of parole. If you or anyone you know has been cited with operating a clandestine lab in the state of Utah, call Weber Law today for a consultation. 

• Utah Code § 58-37d-3, Definitions
• Utah Code § 58-37d-4, Prohibited acts – second degree felony
• Utah Code § 58-37d-5, Prohibited acts – first degree felony