(1) It is unlawful for any person knowingly or intentionally to keep, maintain, control, rent, lease, or make available for use any store, shop, warehouse, dwelling, building, vehicle, vessel, aircraft, room, enclosure, or other structure or place, which that person knows is resorted to for the purpose of keeping for distribution, transporting for distribution, or distributing controlled substances in violation of this article.
(2) Except as authorized by this article, it is unlawful for any person to:
(a) Knowingly or intentionally open or maintain any place which that person
knows is resorted to for the purpose of unlawfully manufacturing a controlled
substance; or
(b) Manage or control any building, room, or enclosure, either as an owner,
lessee, agent, employee, or mortgagee, and knowingly or intentionally rent, lease,
or make available for use, with or without compensation, the building, room, or
enclosure which that person knows is resorted to for the purpose of unlawfully
manufacturing a controlled substance.
(3) A person does not violate subsection (2) of this section:
(a) By reason of any act committed by another person while that other
person is unlawfully on or in the structure or place, if the person lacked knowledge
of the unlawful presence of that other person; or
(b) If the person has notified a law enforcement agency with jurisdiction to
make an arrest for the illegal conduct.
(3.5) It is not a violation of this section if a person is acting in compliance
with section 18-18-434, article 170 of title 12, or article 50 of title 44.
(4) A person who violates this section commits a level 1 drug misdemeanor.
(5) Repealed.
FOR: 1,296,992
L. 92: Entire article R&RE, p. 365, § 1, effective July 1. L. 2013: (4) amended, (SB 13-250), ch. 333, p. 1922, § 17, effective October 1. Initiated 2022: (5) added, Proposition 122, L. 2022, effective upon proclamation of the Governor, December 27, 2022. L. 2023: (3.5) added and (5) repealed, (SB 23-290), ch. 249, p. 1412, § 28, effective July 1.
Subsection (5) was added by Proposition 122, with the proclamation of the governor on December 27, 2022. The vote count for the measure at the general election held November 8, 2022, was as follows:
