(1) Terms defined in Sections 76-1-101.5 and 76-9-1301 apply to this section. (2) An actor commits maintenance of a drug-involved premises if the actor knowingly: (a) opens, leases, rents, uses, or maintains any facility or premises, whether permanently or temporarily, for the purpose of the unlawful manufacturing, distributing, or using any controlled substance; (b) (i) manages or controls any facility or premises, whether permanently or temporarily, as an owner, tenant, lessee, agent, employee, occupant, or mortgagee; and (ii) intentionally rents, leases, profits from, or makes available for use, with or without compensation, the facility or premises for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance; (c) operates a supervised drug consumption site; or (d) as an owner, tenant, lessee, agent, employee, occupant, or mortgagee, intentionally opens, rents, leases, profits from, maintains, or makes available for use, with or without compensation, any premises for the purpose of operating a supervised drug consumption site. (3) A violation of Subsection (2) is a second degree felony.
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