(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.)