This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 12, 2024 at 11:19 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 27, 2024 at 9:19 PM by lpoole.
Representative Andrew Stoddard proposes the following substitute bill:


1     
DRUG SENTENCING MODIFICATIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Andrew Stoddard

5     
Senate Sponsor: Keith Grover

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the sentencing for an individual Ŝ→ [
who uses or has a dangerous
10     weapon readily accessible for immediate use while
] convicted of ←Ŝ
distributing illegal drugs Ŝ→
10a     in certain circumstances ←Ŝ .
11     Highlighted Provisions:
12          This bill:
13          ▸ Ŝ→ [
     requires a court in certain circumstances to sentence an individual who uses or
13a     has a
14     dangerous weapon readily accessible for immediate use while distributing illegal
15     drugs to an indeterminate prison term
] requires a court, with certain exceptions, to sentence an
15a     individual convicted of distributing drugs to an indeterminate prison term if the individual,
15b     while
15c     distributing the drugs, intentionally or knowingly:
15d          • had a dangerous weapon readily accessible for immediate use; or
15e          • distributed a firearm or possessed a firearm with intent to distribute the firearm ←Ŝ ;
15f     and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          58-37-8 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 312,
24     329
25          58-37-8 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 310,

26     312 and 329
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 58-37-8 (Superseded 07/01/24) is amended to read:
30          58-37-8 (Superseded 07/01/24). Prohibited acts -- Penalties.
31          (1) Prohibited acts A -- Penalties and reporting:
32          (a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
33     intentionally:
34          (i) produce, manufacture, or dispense, or to possess with intent to produce,
35     manufacture, or dispense, a controlled or counterfeit substance;
36          (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
37     arrange to distribute a controlled or counterfeit substance;
38          (iii) possess a controlled or counterfeit substance with intent to distribute; or
39          (iv) engage in a continuing criminal enterprise where:
40          (A) the person participates, directs, or engages in conduct that results in a violation of
41     this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled
42     Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d,
43     Clandestine Drug Lab Act, that is a felony; and
44          (B) the violation is a part of a continuing series of two or more violations of this
45     chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled
46     Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d,
47     Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or
48     more persons with respect to whom the person occupies a position of organizer, supervisor, or
49     any other position of management.
50          (b) A person convicted of violating Subsection (1)(a) with respect to:
51          (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
52     substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
53     degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
54     subsequent conviction is guilty of a first degree felony;
55          (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
56     marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and

57     upon a second or subsequent conviction is guilty of a second degree felony; or
58          (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
59     class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
60     felony.
61          (c) (i) [A] Except as provided in Subsection (1)(c)(ii), a person who has been convicted
62     of a violation of Subsection (1)(a)(ii) or (iii) may be sentenced to imprisonment for an
63     indeterminate term as [provided by law, but if the trier of fact finds a firearm as defined in
64     Section 76-10-501 was used, carried, or possessed on the person or in the person's immediate
65     possession during the commission or in furtherance of the offense, the court shall additionally
66     sentence the person convicted for a term of one year to run consecutively and not concurrently;
67     and the court may additionally sentence the person convicted for an indeterminate term not to
68     exceed five years to run consecutively and not concurrently] described in Subsection (1)(b) and
69     Title 76, Chapter 3, Punishments.
70          (ii) The court shall impose Ŝ→ [
and may not suspend] ←Ŝ an indeterminate prison term for
70a     a
71     person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) that is a first
72     degree felony or a second degree felony if the trier of fact finds beyond a reasonable doubt that,
73     during the commission or furtherance of the violation, the person Ŝ→ intentionally or knowingly
73a     ←Ŝ :
74          (A) used, drew, or exhibited a dangerous weapon, as that term is defined in Section
75     76-10-501, that is not a firearm, in an angry, threatening, intimidating, or coercive manner; Ŝ→ [
or]
75a     ←Ŝ
76          (B) used a firearm or had a firearm readily accessible for immediate use, as those terms
77     are defined in Section 76-10-501 Ŝ→ [
.] ; or
77a          (C) distributed a firearm, as that term is defined in Section 76-10-501, or possessed a
77b     firearm with intent to distribute the firearm. ←Ŝ
78          (iii) Notwithstanding Subsection (1)(c)(ii), a court may suspend the indeterminate
79     prison term for a person convicted under Subsection (1)(c)(ii) if the court:
80          (A) details on the record the reasons why it is in the interests of justice not to impose
81     the indeterminate prison term;
82          (B) makes a finding on the record that the person does not pose a significant safety risk
83     to the public; and
84          (C) orders the person to complete the terms and conditions of supervised probation
85     provided by the Department of Corrections.
86          (d) (i) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
87     felony punishable by imprisonment for an indeterminate term of not less than:

88          (A) seven years and which may be for life; or
89          (B) 15 years and which may be for life if the trier of fact determined that the defendant
90     knew or reasonably should have known that any subordinate under Subsection (1)(a)(iv)(B)
91     was under 18 years old.
92          (ii) Imposition or execution of the sentence may not be suspended, and the person is
93     not eligible for probation.
94          (iii) Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the
95     offense, was under 18 years old.
96          (e) The Administrative Office of the Courts shall report to the Division of Professional
97     Licensing the name, case number, date of conviction, and if known, the date of birth of each
98     person convicted of violating Subsection (1)(a).
99          (2) Prohibited acts B -- Penalties and reporting:
100          (a) It is unlawful:
101          (i) for a person knowingly and intentionally to possess or use a controlled substance
102     analog or a controlled substance, unless it was obtained under a valid prescription or order,
103     directly from a practitioner while acting in the course of the person's professional practice, or as
104     otherwise authorized by this chapter;
105          (ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
106     vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
107     by persons unlawfully possessing, using, or distributing controlled substances in any of those
108     locations; or
109          (iii) for a person knowingly and intentionally to possess an altered or forged
110     prescription or written order for a controlled substance.
111          (b) A person convicted of violating Subsection (2)(a)(i) with respect to:
112          (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
113     or
114          (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
115     of a class A misdemeanor on a first or second conviction, and on a third or subsequent
116     conviction if each prior offense was committed within seven years before the date of the
117     offense upon which the current conviction is based is guilty of a third degree felony.
118          (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a

119     conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
120     penalty than provided in this Subsection (2).
121          (d) A person who violates Subsection (2)(a)(i) with respect to all other controlled
122     substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
123     58-37-4.2, or marijuana, is guilty of a class B misdemeanor.
124          (i) Upon a third conviction the person is guilty of a class A misdemeanor, if each prior
125     offense was committed within seven years before the date of the offense upon which the
126     current conviction is based.
127          (ii) Upon a fourth or subsequent conviction the person is guilty of a third degree felony
128     if each prior offense was committed within seven years before the date of the offense upon
129     which the current conviction is based.
130          (e) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
131     boundaries of property occupied by a correctional facility as defined in Section 64-13-1 or a
132     public jail or other place of confinement shall be sentenced to a penalty one degree greater than
133     provided in Subsection (2)(b), and if the conviction is with respect to controlled substances as
134     listed in:
135          (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
136     indeterminate term as provided by law, and:
137          (A) the court shall additionally sentence the person convicted to a term of one year to
138     run consecutively and not concurrently; and
139          (B) the court may additionally sentence the person convicted for an indeterminate term
140     not to exceed five years to run consecutively and not concurrently; and
141          (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
142     indeterminate term as provided by law, and the court shall additionally sentence the person
143     convicted to a term of six months to run consecutively and not concurrently.
144          (f) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
145          (i) on a first conviction, guilty of a class B misdemeanor;
146          (ii) on a second conviction, guilty of a class A misdemeanor; and
147          (iii) on a third or subsequent conviction, guilty of a third degree felony.
148          (g) The Administrative Office of the Courts shall report to the Division of Professional
149     Licensing the name, case number, date of conviction, and if known, the date of birth of each

150     person convicted of violating Subsection (2)(a).
151          (3) Prohibited acts C -- Penalties:
152          (a) It is unlawful for a person knowingly and intentionally:
153          (i) to use in the course of the manufacture or distribution of a controlled substance a
154     license number which is fictitious, revoked, suspended, or issued to another person or, for the
155     purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
156     manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
157     person;
158          (ii) to acquire or obtain possession of, to procure or attempt to procure the
159     administration of, to obtain a prescription for, to prescribe or dispense to a person known to be
160     attempting to acquire or obtain possession of, or to procure the administration of a controlled
161     substance by misrepresentation or failure by the person to disclose receiving a controlled
162     substance from another source, fraud, forgery, deception, subterfuge, alteration of a
163     prescription or written order for a controlled substance, or the use of a false name or address;
164          (iii) to make a false or forged prescription or written order for a controlled substance,
165     or to utter the same, or to alter a prescription or written order issued or written under the terms
166     of this chapter; or
167          (iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed to
168     print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
169     device of another or any likeness of any of the foregoing upon any drug or container or labeling
170     so as to render a drug a counterfeit controlled substance.
171          (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
172     misdemeanor.
173          (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
174     degree felony.
175          (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
176          (4) Prohibited acts D -- Penalties:
177          (a) Notwithstanding other provisions of this section, a person not authorized under this
178     chapter who commits any act that is unlawful under Subsection (1)(a) or Section 58-37b-4 is
179     upon conviction subject to the penalties and classifications under this Subsection (4) if the trier
180     of fact finds the act is committed:

181          (i) in a public or private elementary or secondary school or on the grounds of any of
182     those schools during the hours of 6 a.m. through 10 p.m.;
183          (ii) in a public or private vocational school or postsecondary institution or on the
184     grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
185          (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
186     facility's hours of operation;
187          (iv) in a public park, amusement park, arcade, or recreation center when the public or
188     amusement park, arcade, or recreation center is open to the public;
189          (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
190          (vi) in or on the grounds of a library when the library is open to the public;
191          (vii) within an area that is within 100 feet of any structure, facility, or grounds included
192     in Subsections (4)(a)(i) through (vi);
193          (viii) in the presence of a person younger than 18 years old, regardless of where the act
194     occurs; or
195          (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
196     distribution of a substance in violation of this section to an inmate or on the grounds of a
197     correctional facility as defined in Section 76-8-311.3.
198          (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
199     and shall be imprisoned for a term of not less than five years if the penalty that would
200     otherwise have been established but for this Subsection (4) would have been a first degree
201     felony.
202          (ii) Imposition or execution of the sentence may not be suspended, and the person is
203     not eligible for probation.
204          (c) If the classification that would otherwise have been established would have been
205     less than a first degree felony but for this Subsection (4), a person convicted under this
206     Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
207     offense.
208          (d) (i) If the violation is of Subsection (4)(a)(ix):
209          (A) the person may be sentenced to imprisonment for an indeterminate term as
210     provided by law, and the court shall additionally sentence the person convicted for a term of
211     one year to run consecutively and not concurrently; and

212          (B) the court may additionally sentence the person convicted for an indeterminate term
213     not to exceed five years to run consecutively and not concurrently; and
214          (ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with
215     the mental state required for the commission of an offense, directly or indirectly solicits,
216     requests, commands, coerces, encourages, or intentionally aids another person to commit a
217     violation of Subsection (4)(a)(ix).
218          (e) It is not a defense to a prosecution under this Subsection (4) that:
219          (i) the actor mistakenly believed the individual to be 18 years old or older at the time of
220     the offense or was unaware of the individual's true age; or
221          (ii) the actor mistakenly believed that the location where the act occurred was not as
222     described in Subsection (4)(a) or was unaware that the location where the act occurred was as
223     described in Subsection (4)(a).
224          (5) A violation of this chapter for which no penalty is specified is a class B
225     misdemeanor.
226          (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
227     guilty or no contest to a violation or attempted violation of this section or a plea which is held
228     in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
229     even if the charge has been subsequently reduced or dismissed in accordance with the plea in
230     abeyance agreement.
231          (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
232     conviction that is:
233          (i) from a separate criminal episode than the current charge; and
234          (ii) from a conviction that is separate from any other conviction used to enhance the
235     current charge.
236          (7) A person may be charged and sentenced for a violation of this section,
237     notwithstanding a charge and sentence for a violation of any other section of this chapter.
238          (8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu
239     of, a civil or administrative penalty or sanction authorized by law.
240          (b) When a violation of this chapter violates a federal law or the law of another state,
241     conviction or acquittal under federal law or the law of another state for the same act is a bar to
242     prosecution in this state.

243          (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
244     person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
245     substance or substances, is prima facie evidence that the person or persons did so with
246     knowledge of the character of the substance or substances.
247          (10) This section does not prohibit a veterinarian, in good faith and in the course of the
248     veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
249     administering controlled substances or from causing the substances to be administered by an
250     assistant or orderly under the veterinarian's direction and supervision.
251          (11) Civil or criminal liability may not be imposed under this section on:
252          (a) a person registered under this chapter who manufactures, distributes, or possesses
253     an imitation controlled substance for use as a placebo or investigational new drug by a
254     registered practitioner in the ordinary course of professional practice or research;
255          (b) a law enforcement officer acting in the course and legitimate scope of the officer's
256     employment; or
257          (c) a healthcare facility, substance use harm reduction services program, or drug
258     addiction treatment facility that temporarily possesses a controlled or counterfeit substance to
259     conduct a test or analysis on the controlled or counterfeit substance to identify or analyze the
260     strength, effectiveness, or purity of the substance for a public health or safety reason.
261          (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
262     as defined in Section 58-37-2, who uses, possesses, or transports peyote for bona fide
263     traditional ceremonial purposes in connection with the practice of a traditional Indian religion
264     as defined in Section 58-37-2.
265          (b) In a prosecution alleging violation of this section regarding peyote as defined in
266     Section 58-37-4, it is an affirmative defense that the peyote was used, possessed, or transported
267     by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a
268     traditional Indian religion.
269          (c) (i) The defendant shall provide written notice of intent to claim an affirmative
270     defense under this Subsection (12) as soon as practicable, but not later than 10 days before
271     trial.
272          (ii) The notice shall include the specific claims of the affirmative defense.
273          (iii) The court may waive the notice requirement in the interest of justice for good

274     cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
275          (d) The defendant shall establish the affirmative defense under this Subsection (12) by
276     a preponderance of the evidence. If the defense is established, it is a complete defense to the
277     charges.
278          (13) (a) It is an affirmative defense that the person produced, possessed, or
279     administered a controlled substance listed in Section 58-37-4.2 if the person was:
280          (i) engaged in medical research; and
281          (ii) a holder of a valid license to possess controlled substances under Section 58-37-6.
282          (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
283     a controlled substance listed in Section 58-37-4.2.
284          (14) It is an affirmative defense that the person possessed, in the person's body, a
285     controlled substance listed in Section 58-37-4.2 if:
286          (a) the person was the subject of medical research conducted by a holder of a valid
287     license to possess controlled substances under Section 58-37-6; and
288          (b) the substance was administered to the person by the medical researcher.
289          (15) The application of any increase in penalty under this section to a violation of
290     Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
291     Subsection (15) takes precedence over any conflicting provision of this section.
292          (16) (a) It is an affirmative defense to an allegation of the commission of an offense
293     listed in Subsection (16)(b) that the person or bystander:
294          (i) reasonably believes that the person or another person is experiencing an overdose
295     event due to the ingestion, injection, inhalation, or other introduction into the human body of a
296     controlled substance or other substance;
297          (ii) reports, or assists a person who reports, in good faith the overdose event to a
298     medical provider, an emergency medical service provider as defined in Section 26B-4-101, a
299     law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the
300     person is the subject of a report made under this Subsection (16);
301          (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
302     actual location of the overdose event that facilitates responding to the person experiencing the
303     overdose event;
304          (iv) remains at the location of the person experiencing the overdose event until a

305     responding law enforcement officer or emergency medical service provider arrives, or remains
306     at the medical care facility where the person experiencing an overdose event is located until a
307     responding law enforcement officer arrives;
308          (v) cooperates with the responding medical provider, emergency medical service
309     provider, and law enforcement officer, including providing information regarding the person
310     experiencing the overdose event and any substances the person may have injected, inhaled, or
311     otherwise introduced into the person's body; and
312          (vi) is alleged to have committed the offense in the same course of events from which
313     the reported overdose arose.
314          (b) The offenses referred to in Subsection (16)(a) are:
315          (i) the possession or use of less than 16 ounces of marijuana;
316          (ii) the possession or use of a scheduled or listed controlled substance other than
317     marijuana; and
318          (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
319     Imitation Controlled Substances Act.
320          (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
321     include seeking medical assistance under this section during the course of a law enforcement
322     agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
323          (17) If any provision of this chapter, or the application of any provision to any person
324     or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
325     invalid provision or application.
326          (18) A legislative body of a political subdivision may not enact an ordinance that is
327     less restrictive than any provision of this chapter.
328          (19) If a minor who is under 18 years old is found by a court to have violated this
329     section or Subsection 76-5-102.1(2)(b) or 76-5-207(2)(b), the court may order the minor to
330     complete:
331          (a) a screening as defined in Section 41-6a-501;
332          (b) an assessment as defined in Section 41-6a-501 if the screening indicates an
333     assessment to be appropriate; and
334          (c) an educational series as defined in Section 41-6a-501 or substance use disorder
335     treatment as indicated by an assessment.

336          Section 2. Section 58-37-8 (Effective 07/01/24) is amended to read:
337          58-37-8 (Effective 07/01/24). Prohibited acts -- Penalties.
338          (1) Prohibited acts A -- Penalties and reporting:
339          (a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
340     intentionally:
341          (i) produce, manufacture, or dispense, or to possess with intent to produce,
342     manufacture, or dispense, a controlled or counterfeit substance;
343          (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
344     arrange to distribute a controlled or counterfeit substance;
345          (iii) possess a controlled or counterfeit substance with intent to distribute; or
346          (iv) engage in a continuing criminal enterprise where:
347          (A) the person participates, directs, or engages in conduct that results in a violation of
348     this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled
349     Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d,
350     Clandestine Drug Lab Act, that is a felony; and
351          (B) the violation is a part of a continuing series of two or more violations of this
352     chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled
353     Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d,
354     Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or
355     more persons with respect to whom the person occupies a position of organizer, supervisor, or
356     any other position of management.
357          (b) A person convicted of violating Subsection (1)(a) with respect to:
358          (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
359     substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
360     degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
361     subsequent conviction is guilty of a first degree felony;
362          (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
363     marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
364     upon a second or subsequent conviction is guilty of a second degree felony; or
365          (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
366     class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree

367     felony.
368          (c) (i) [A] Except as provided in Subsection (1)(c)(ii), a person who has been convicted
369     of a violation of Subsection (1)(a)(ii) or (iii) may be sentenced to imprisonment for an
370     indeterminate term as [provided by law, but if the trier of fact finds a firearm as defined in
371     Section 76-10-501 was used, carried, or possessed on the person or in the person's immediate
372     possession during the commission or in furtherance of the offense, the court shall additionally
373     sentence the person convicted for a term of one year to run consecutively and not concurrently;
374     and the court may additionally sentence the person convicted for an indeterminate term not to
375     exceed five years to run consecutively and not concurrently] described in Subsection (1)(b) and
376     Title 76, Chapter 3, Punishments.
377          (ii) The court shall impose Ŝ→ [
and may not suspend] ←Ŝ an indeterminate prison term for
377a     a
378     person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) that is a first
379     degree felony or a second degree felony if the trier of fact finds beyond a reasonable doubt that,
380     during the commission or furtherance of the violation, the person Ŝ→ intentionally or knowingly
380a     ←Ŝ :
381          (A) used, drew, or exhibited a dangerous weapon, as that term is defined in Section
382     76-10-501, that is not a firearm, in an angry, threatening, intimidating, or coercive manner; Ŝ→ [
or]
382a     ←Ŝ
383          (B) used a firearm or had a firearm readily accessible for immediate use, as those terms
384     are defined in Section 76-10-501 Ŝ→ [
.] ; or
384a          (C) distributed a firearm, as that term is defined in Section 76-10-501, or possessed a
384b     firearm with intent to distribute the firearm. ←Ŝ
385          (iii) Notwithstanding Subsection (1)(c)(ii), a court may suspend the indeterminate
386     prison term for a person convicted under Subsection (1)(c)(ii) if the court:
387          (A) details on the record the reasons why it is in the interests of justice not to impose
388     the indeterminate prison term;
389          (B) makes a finding on the record that the person does not pose a significant safety risk
390     to the public; and
391          (C) orders the person to complete the terms and conditions of supervised probation
392     provided by the Department of Corrections.
393          (d) (i) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
394     felony punishable by imprisonment for an indeterminate term of not less than:
395          (A) seven years and which may be for life; or
396          (B) 15 years and which may be for life if the trier of fact determined that the defendant
397     knew or reasonably should have known that any subordinate under Subsection (1)(a)(iv)(B)

398     was under 18 years old.
399          (ii) Imposition or execution of the sentence may not be suspended, and the person is
400     not eligible for probation.
401          (iii) Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the
402     offense, was under 18 years old.
403          (e) The Administrative Office of the Courts shall report to the Division of Professional
404     Licensing the name, case number, date of conviction, and if known, the date of birth of each
405     person convicted of violating Subsection (1)(a).
406          (2) Prohibited acts B -- Penalties and reporting:
407          (a) It is unlawful:
408          (i) for a person knowingly and intentionally to possess or use a controlled substance
409     analog or a controlled substance, unless it was obtained under a valid prescription or order,
410     directly from a practitioner while acting in the course of the person's professional practice, or as
411     otherwise authorized by this chapter;
412          (ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
413     vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
414     by persons unlawfully possessing, using, or distributing controlled substances in any of those
415     locations; or
416          (iii) for a person knowingly and intentionally to possess an altered or forged
417     prescription or written order for a controlled substance.
418          (b) A person convicted of violating Subsection (2)(a)(i) with respect to:
419          (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
420     or
421          (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
422     of a class A misdemeanor on a first or second conviction, and on a third or subsequent
423     conviction if each prior offense was committed within seven years before the date of the
424     offense upon which the current conviction is based is guilty of a third degree felony.
425          (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
426     conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
427     penalty than provided in this Subsection (2).
428          (d) A person who violates Subsection (2)(a)(i) with respect to all other controlled

429     substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
430     58-37-4.2, or marijuana, is guilty of a class B misdemeanor.
431          (i) Upon a third conviction the person is guilty of a class A misdemeanor, if each prior
432     offense was committed within seven years before the date of the offense upon which the
433     current conviction is based.
434          (ii) Upon a fourth or subsequent conviction the person is guilty of a third degree felony
435     if each prior offense was committed within seven years before the date of the offense upon
436     which the current conviction is based.
437          (e) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
438     boundaries of property occupied by a correctional facility as defined in Section 64-13-1 or a
439     public jail or other place of confinement shall be sentenced to a penalty one degree greater than
440     provided in Subsection (2)(b), and if the conviction is with respect to controlled substances as
441     listed in:
442          (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
443     indeterminate term as provided by law, and:
444          (A) the court shall additionally sentence the person convicted to a term of one year to
445     run consecutively and not concurrently; and
446          (B) the court may additionally sentence the person convicted for an indeterminate term
447     not to exceed five years to run consecutively and not concurrently; and
448          (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
449     indeterminate term as provided by law, and the court shall additionally sentence the person
450     convicted to a term of six months to run consecutively and not concurrently.
451          (f) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
452          (i) on a first conviction, guilty of a class B misdemeanor;
453          (ii) on a second conviction, guilty of a class A misdemeanor; and
454          (iii) on a third or subsequent conviction, guilty of a third degree felony.
455          (g) The Administrative Office of the Courts shall report to the Division of Professional
456     Licensing the name, case number, date of conviction, and if known, the date of birth of each
457     person convicted of violating Subsection (2)(a).
458          (3) Prohibited acts C -- Penalties:
459          (a) It is unlawful for a person knowingly and intentionally:

460          (i) to use in the course of the manufacture or distribution of a controlled substance a
461     license number which is fictitious, revoked, suspended, or issued to another person or, for the
462     purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
463     manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
464     person;
465          (ii) to acquire or obtain possession of, to procure or attempt to procure the
466     administration of, to obtain a prescription for, to prescribe or dispense to a person known to be
467     attempting to acquire or obtain possession of, or to procure the administration of a controlled
468     substance by misrepresentation or failure by the person to disclose receiving a controlled
469     substance from another source, fraud, forgery, deception, subterfuge, alteration of a
470     prescription or written order for a controlled substance, or the use of a false name or address;
471          (iii) to make a false or forged prescription or written order for a controlled substance,
472     or to utter the same, or to alter a prescription or written order issued or written under the terms
473     of this chapter; or
474          (iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed to
475     print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
476     device of another or any likeness of any of the foregoing upon any drug or container or labeling
477     so as to render a drug a counterfeit controlled substance.
478          (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
479     misdemeanor.
480          (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
481     degree felony.
482          (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
483          (4) Prohibited acts D -- Penalties:
484          (a) Notwithstanding other provisions of this section, a person not authorized under this
485     chapter who commits any act that is unlawful under Subsection (1)(a) or Section 58-37b-4 is
486     upon conviction subject to the penalties and classifications under this Subsection (4) if the trier
487     of fact finds the act is committed:
488          (i) in a public or private elementary or secondary school or on the grounds of any of
489     those schools during the hours of 6 a.m. through 10 p.m.;
490          (ii) in a public or private vocational school or postsecondary institution or on the

491     grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
492          (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
493     facility's hours of operation;
494          (iv) in a public park, amusement park, arcade, or recreation center when the public or
495     amusement park, arcade, or recreation center is open to the public;
496          (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
497          (vi) in or on the grounds of a library when the library is open to the public;
498          (vii) within an area that is within 100 feet of any structure, facility, or grounds included
499     in Subsections (4)(a)(i) through (vi);
500          (viii) in the presence of a person younger than 18 years old, regardless of where the act
501     occurs; or
502          (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
503     distribution of a substance in violation of this section to an inmate or on the grounds of a
504     correctional facility as defined in Section 76-8-311.3.
505          (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
506     and shall be imprisoned for a term of not less than five years if the penalty that would
507     otherwise have been established but for this Subsection (4) would have been a first degree
508     felony.
509          (ii) Imposition or execution of the sentence may not be suspended, and the person is
510     not eligible for probation.
511          (c) If the classification that would otherwise have been established would have been
512     less than a first degree felony but for this Subsection (4), a person convicted under this
513     Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
514     offense.
515          (d) (i) If the violation is of Subsection (4)(a)(ix):
516          (A) the person may be sentenced to imprisonment for an indeterminate term as
517     provided by law, and the court shall additionally sentence the person convicted for a term of
518     one year to run consecutively and not concurrently; and
519          (B) the court may additionally sentence the person convicted for an indeterminate term
520     not to exceed five years to run consecutively and not concurrently; and
521          (ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with

522     the mental state required for the commission of an offense, directly or indirectly solicits,
523     requests, commands, coerces, encourages, or intentionally aids another person to commit a
524     violation of Subsection (4)(a)(ix).
525          (e) It is not a defense to a prosecution under this Subsection (4) that:
526          (i) the actor mistakenly believed the individual to be 18 years old or older at the time of
527     the offense or was unaware of the individual's true age; or
528          (ii) the actor mistakenly believed that the location where the act occurred was not as
529     described in Subsection (4)(a) or was unaware that the location where the act occurred was as
530     described in Subsection (4)(a).
531          (5) A violation of this chapter for which no penalty is specified is a class B
532     misdemeanor.
533          (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
534     guilty or no contest to a violation or attempted violation of this section or a plea which is held
535     in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
536     even if the charge has been subsequently reduced or dismissed in accordance with the plea in
537     abeyance agreement.
538          (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
539     conviction that is:
540          (i) from a separate criminal episode than the current charge; and
541          (ii) from a conviction that is separate from any other conviction used to enhance the
542     current charge.
543          (7) A person may be charged and sentenced for a violation of this section,
544     notwithstanding a charge and sentence for a violation of any other section of this chapter.
545          (8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu
546     of, a civil or administrative penalty or sanction authorized by law.
547          (b) When a violation of this chapter violates a federal law or the law of another state,
548     conviction or acquittal under federal law or the law of another state for the same act is a bar to
549     prosecution in this state.
550          (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
551     person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
552     substance or substances, is prima facie evidence that the person or persons did so with

553     knowledge of the character of the substance or substances.
554          (10) This section does not prohibit a veterinarian, in good faith and in the course of the
555     veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
556     administering controlled substances or from causing the substances to be administered by an
557     assistant or orderly under the veterinarian's direction and supervision.
558          (11) Civil or criminal liability may not be imposed under this section on:
559          (a) a person registered under this chapter who manufactures, distributes, or possesses
560     an imitation controlled substance for use as a placebo or investigational new drug by a
561     registered practitioner in the ordinary course of professional practice or research;
562          (b) a law enforcement officer acting in the course and legitimate scope of the officer's
563     employment; or
564          (c) a healthcare facility, substance use harm reduction services program, or drug
565     addiction treatment facility that temporarily possesses a controlled or counterfeit substance to
566     conduct a test or analysis on the controlled or counterfeit substance to identify or analyze the
567     strength, effectiveness, or purity of the substance for a public health or safety reason.
568          (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
569     as defined in Section 58-37-2, who uses, possesses, or transports peyote for bona fide
570     traditional ceremonial purposes in connection with the practice of a traditional Indian religion
571     as defined in Section 58-37-2.
572          (b) In a prosecution alleging violation of this section regarding peyote as defined in
573     Section 58-37-4, it is an affirmative defense that the peyote was used, possessed, or transported
574     by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a
575     traditional Indian religion.
576          (c) (i) The defendant shall provide written notice of intent to claim an affirmative
577     defense under this Subsection (12) as soon as practicable, but not later than 10 days before
578     trial.
579          (ii) The notice shall include the specific claims of the affirmative defense.
580          (iii) The court may waive the notice requirement in the interest of justice for good
581     cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
582          (d) The defendant shall establish the affirmative defense under this Subsection (12) by
583     a preponderance of the evidence. If the defense is established, it is a complete defense to the

584     charges.
585          (13) (a) It is an affirmative defense that the person produced, possessed, or
586     administered a controlled substance listed in Section 58-37-4.2 if the person was:
587          (i) engaged in medical research; and
588          (ii) a holder of a valid license to possess controlled substances under Section 58-37-6.
589          (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
590     a controlled substance listed in Section 58-37-4.2.
591          (14) It is an affirmative defense that the person possessed, in the person's body, a
592     controlled substance listed in Section 58-37-4.2 if:
593          (a) the person was the subject of medical research conducted by a holder of a valid
594     license to possess controlled substances under Section 58-37-6; and
595          (b) the substance was administered to the person by the medical researcher.
596          (15) The application of any increase in penalty under this section to a violation of
597     Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
598     Subsection (15) takes precedence over any conflicting provision of this section.
599          (16) (a) It is an affirmative defense to an allegation of the commission of an offense
600     listed in Subsection (16)(b) that the person or bystander:
601          (i) reasonably believes that the person or another person is experiencing an overdose
602     event due to the ingestion, injection, inhalation, or other introduction into the human body of a
603     controlled substance or other substance;
604          (ii) reports, or assists a person who reports, in good faith the overdose event to a
605     medical provider, an emergency medical service provider as defined in Section 53-2d-101, a
606     law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the
607     person is the subject of a report made under this Subsection (16);
608          (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
609     actual location of the overdose event that facilitates responding to the person experiencing the
610     overdose event;
611          (iv) remains at the location of the person experiencing the overdose event until a
612     responding law enforcement officer or emergency medical service provider arrives, or remains
613     at the medical care facility where the person experiencing an overdose event is located until a
614     responding law enforcement officer arrives;

615          (v) cooperates with the responding medical provider, emergency medical service
616     provider, and law enforcement officer, including providing information regarding the person
617     experiencing the overdose event and any substances the person may have injected, inhaled, or
618     otherwise introduced into the person's body; and
619          (vi) is alleged to have committed the offense in the same course of events from which
620     the reported overdose arose.
621          (b) The offenses referred to in Subsection (16)(a) are:
622          (i) the possession or use of less than 16 ounces of marijuana;
623          (ii) the possession or use of a scheduled or listed controlled substance other than
624     marijuana; and
625          (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
626     Imitation Controlled Substances Act.
627          (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
628     include seeking medical assistance under this section during the course of a law enforcement
629     agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
630          (17) If any provision of this chapter, or the application of any provision to any person
631     or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
632     invalid provision or application.
633          (18) A legislative body of a political subdivision may not enact an ordinance that is
634     less restrictive than any provision of this chapter.
635          (19) If a minor who is under 18 years old is found by a court to have violated this
636     section or Subsection 76-5-102.1(2)(b) or 76-5-207(2)(b), the court may order the minor to
637     complete:
638          (a) a screening as defined in Section 41-6a-501;
639          (b) an assessment as defined in Section 41-6a-501 if the screening indicates an
640     assessment to be appropriate; and
641          (c) an educational series as defined in Section 41-6a-501 or substance use disorder
642     treatment as indicated by an assessment.
643          Section 3. Effective date.
644          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
645          (2) The actions affecting Section 58-37-8 (Effective 07/01/24) take effect on July 1,

646     2024.