§13A-12-218. Unlawful manufacture of controlled substance in the first degree.  


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  • (a) A person commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she violates Section 13A-12-217 and two or more of the following conditions occurred in conjunction with that violation:

    (1) Possession of a firearm.

    (2) Use of a booby trap.

    (3) Illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment.

    (4) A clandestine laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school.

    (5) A clandestine laboratory operation actually produced any amount of a specified controlled substance.

    (6) A clandestine laboratory operation was for the production of controlled substances listed in Schedule I or Schedule II.

    (7) A person under the age of 17 was present during the manufacturing process.

    (b) Unlawful manufacture of a controlled substance in the first degree is a Class A felony.

(Act 2001-971, 3rd Sp. Sess., p. 873, §1.)