Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 9. DANGEROUS DRUGS · Part 1. Offenses Involving Dangerous Drugs
Montana Code Annotated

Mont. Code Ann. § 45-9-132 (2026)

Operation Of Unlawful Clandestine Laboratory -- Penalties

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 9
  4. Part 1
  5. 45-9-132 Operation of unlawful clandestine laboratory -- penalties

TITLE 45. CRIMES

CHAPTER 9. DANGEROUS DRUGS

Part 1. Offenses Involving Dangerous Drugs

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.

Notes of Decisions
Cited in 21 cases, 2003–2020 · leading case: State v. Leeson, 2003 MT 354 (Mont. 2003).
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State v. Leeson, 2003 MT 354 (Mont. 2003). · cites it 53× “¶1 Appellant Nathaniel Leeson (Leeson) was charged in Montana’s Eighth Judicial District Court with operation of an unlawful clandestine laboratory in violation of § 45-9-132, MCA (2001). He filed a Motion to Dismiss arguing § 45-9-132, MCA (2001), is unconstitutionally vague…”
State v. Barnaby, 2006 MT 203 (Mont. 2006). · cites it 12× “The State charged Barnaby and Sheridan with operating a clandestine laboratory in violation of § 45-9-132, MCA, on September 19, 2002. ¶ 19 Barnaby and Sheridan moved separately to suppress the evidence discovered during the search before trial based upon a lack of probable…”
State v. Davison, 2003 MT 64 (Mont. 2003). · cites it 23× “¶5 Davison was charged with two counts of operating an unlawful clandestine laboratory in violation of § 45-9-132, MCA, and one count of criminal possession of dangerous drugs in violation of § 45-9-102, MCA.”
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). · cites it 20× “¶35 Section 45-9-132, MCA — also enacted in 2001 — further illustrates what the Legislature had in mind.”
State v. Graham, 2004 MT 385 (Mont. 2004). · cites it 8× “¶ 1 John Edward Graham pled guilty to one count of Operation of Unlawful Clandestine Laboratory, a felony, in violation of § 45-9-132, MCA, while reserving his right to appeal from the Order of the District Court denying his Motion to Suppress Evidence.”
State v. Hausauer, 2006 MT 336 (Mont. 2006). · cites it 4× “4 ¶9 On June 29, 2004, the jury found Hausauer guilty of operating an unlawful clandestine laboratory in violation of § 45-9-132(3), MCA, and the District Court designated him as a persistent felony offender pursuant to § 46-18-501, MCA.”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). · cites it 2× “Yet, the statute construed in Leeson described in minute detail the chemicals and equipment the possession of which was proscribed: Section 45-9-131, MCA, defines some of the terms used in § 45-9-132, MCA (2001): (2) "Equipment" or "laboratory equipment" means all products,…”
State v. G. Makarchuk, 2009 MT 82 (Mont. 2009). · cites it 2× “Makarchuk was arrested and charged with the offense of operating an *509 unlawful clandestine laboratory, a felony, pursuant to § 45-9-132(1), MCA. Makarchuk pled not guilty.”
State v. Joshua Dewitz, 2009 MT 202 (Mont. 2009). · cites it 2× “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.”
State v. Erickson, 2005 MT 276 (Mont. 2005). · cites it 2× “DC-02-048, (DC-02-048), with Unlawful Operation of a Clandestine Laboratory in violation of § 45-9-132, MCA. Bail was set at $250,000 in DC-02-048, and' Erickson remained incarcerated until sentencing.”
State v. Meyer, 2004 MT 272 (Mont. 2004). · cites it 2× “Based on the fruits of the search, the Deputy Flathead County Attorney filed an Information against Meyer charging him with the felony of Operation of an Unlawful Clandestine Laboratory, in violation of § 45-9-132(1), MCA, on December 20, 2002.”
State v. Griffin, 2004 MT 331 (Mont. 2004). · cites it 2× “¶8 Griffin was charged with four felony counts: Count I, Operation of an Unlawful Clandestine Laboratory, in violation of § 45-9-132, MCA; Count II, Criminal Possession of Dangerous Drugs with Intent to Sell, in violation of § 45-9-103, MCA; Count III, Criminal Possession of…”
Show all 21 citing cases →
— Mont. Code Ann. § 45-9-132(1) — 4 cases
State v. Barnaby, 2006 MT 203 (Mont. 2006). “The State charged Barnaby and Sheridan with operating a clandestine laboratory in violation of § 45-9-132, MCA, on September 19, 2002. ¶ 19 Barnaby and Sheridan moved separately to suppress the evidence discovered during the search before trial based upon a lack of probable…”
State v. G. Makarchuk, 2009 MT 82 (Mont. 2009). “Makarchuk was arrested and charged with the offense of operating an *509 unlawful clandestine laboratory, a felony, pursuant to § 45-9-132(1), MCA. Makarchuk pled not guilty.”
State v. Meyer, 2004 MT 272 (Mont. 2004). “Based on the fruits of the search, the Deputy Flathead County Attorney filed an Information against Meyer charging him with the felony of Operation of an Unlawful Clandestine Laboratory, in violation of § 45-9-132(1), MCA, on December 20, 2002.”
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “¶35 Section 45-9-132, MCA — also enacted in 2001 — further illustrates what the Legislature had in mind.”
— Mont. Code Ann. § 45-9-132(1)(a) — 1 case
State v. L. Hughes, 2020 MT 293N (Mont. 2020).
— Mont. Code Ann. § 45-9-132(2) — 2 cases
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “¶35 Section 45-9-132, MCA — also enacted in 2001 — further illustrates what the Legislature had in mind.”
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
— Mont. Code Ann. § 45-9-132(3) — 5 cases
State v. Hausauer, 2006 MT 336 (Mont. 2006). “4 ¶9 On June 29, 2004, the jury found Hausauer guilty of operating an unlawful clandestine laboratory in violation of § 45-9-132(3), MCA, and the District Court designated him as a persistent felony offender pursuant to § 46-18-501, MCA.”
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “¶35 Section 45-9-132, MCA — also enacted in 2001 — further illustrates what the Legislature had in mind.”
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
State v. Chase, 2004 MT 375 (Mont. 2004).
State v. Torgeson, 2008 MT 295 (Mont. 2008).
— Mont. Code Ann. § 45-9-132(3)(b) — 1 case
State v. Chase, 2004 MT 375 (Mont. 2004).
— Mont. Code Ann. § 45-9-132(3)(c) — 2 cases
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “¶35 Section 45-9-132, MCA — also enacted in 2001 — further illustrates what the Legislature had in mind.”
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
— Mont. Code Ann. § 45-9-132(4) — 2 cases
State v. Ghostbear, 338 P.3d 25 (Mont. 2014). “¶35 Section 45-9-132, MCA — also enacted in 2001 — further illustrates what the Legislature had in mind.”
State v. Ghostbear, 2014 MT 192 (Mont. 2014).
— Mont. Code Ann. § 45-9-132(l)(a) — 1 case
State v. Kelvin Erickson, 2008 MT 50 (Mont. 2008).
— Mont. Code Ann. § 45-9-132(l)(c) — 1 case
State v. Orr, 373 Mont. 101 (Mont. 2013).
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