system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
nervous system of controlled substances in the schedules set forth in Subsection (1)(f); or
(B) which, with respect to a particular individual, is represented or intended to have a
stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar
to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled
substances in the schedules set forth in this Subsection (1).
(ii) "Controlled substance analog" does not include:
(A) a controlled substance currently scheduled in Schedules I through V of Section
58-37-4;
(B) a substance for which there is an approved new drug application;
(C) a substance with respect to which an exemption is in effect for investigational use by
a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 366, to the
extent the conduct with respect to the substance is permitted by the exemption;
(D) any substance to the extent not intended for human consumption before an
exemption takes effect with respect to the substance;
(E) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred,
or furnished as an over-the-counter medication without prescription; or
(F) dietary supplements, vitamins, minerals, herbs, or other similar substances including
concentrates or extracts, which are not otherwise regulated by law, which may contain naturally
occurring amounts of chemical or substances listed in this chapter, or in rules adopted pursuant to
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(h) "Conviction" means a determination of guilt by verdict, whether jury or bench, or
plea, whether guilty or no contest, for any offense proscribed by Title 58, Chapters 37, 37a, 37b,
37c, or 37d, or for any offense under the laws of the United States and any other state which, if
committed in this state, would be an offense under Title 58, Chapters 37, 37a, 37b, 37c, or 37d.
(i) "Counterfeit substance" means:
(i) any substance or container or labeling of any substance that without authorization
bears the trademark, trade name, or other identifying mark, imprint, number, device, or any
likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons
who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a
controlled substance distributed by, any other manufacturer, distributor, or dispenser; or
(ii) any substance that is represented to be a controlled substance.
(j) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
controlled substance or a listed chemical, whether or not an agency relationship exists.
(k) "Department" means the Department of Commerce.
(l) "Depressant or stimulant substance" means:
(i) a drug which contains any quantity of barbituric acid or any of the salts of barbituric
acid;
(ii) a drug which contains any quantity of:
(A) amphetamine or any of its optical isomers;
(B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
(C) any substance which the Secretary of Health and Human Services or the Attorney
General of the United States after investigation has found and by regulation designated
habit-forming because of its stimulant effect on the central nervous system;
(iii) lysergic acid diethylamide; or
(iv) any drug which contains any quantity of a substance which the Secretary of Health
and Human Services or the Attorney General of the United States after investigation has found to
have, and by regulation designated as having, a potential for abuse because of its depressant or
stimulant effect on the central nervous system or its hallucinogenic effect.
(m) "Dispense" means the delivery of a controlled substance by a pharmacist to an
ultimate user pursuant to the lawful order or prescription of a practitioner, and includes
distributing to, leaving with, giving away, or disposing of that substance as well as the
packaging, labeling, or compounding necessary to prepare the substance for delivery.
(n) "Dispenser" means a pharmacist who dispenses a controlled substance.
(o) "Distribute" means to deliver other than by administering or dispensing a controlled
substance or a listed chemical.
(p) "Distributor" means a person who distributes controlled substances.
(q) "Division" means the Division of Occupational and Professional Licensing created in
Section 58-1-103.
(r) "Drug" means:
(i) articles recognized in the official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of
them;
(ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of
disease in man or other animals;
(iii) articles, other than food, intended to affect the structure or function of man or other
animals; and
(iv) articles intended for use as a component of any articles specified in Subsection
(1)(r)(i), (ii), or (iii); but does not include devices or their components, parts, or accessories.
(s) "Drug dependent person" means any individual who unlawfully and habitually uses
any controlled substance to endanger the public morals, health, safety, or welfare, or who is so
dependent upon the use of controlled substances as to have lost the power of self-control with
reference to the individual's dependency.
(t) "Food" means:
(i) any nutrient or substance of plant, mineral, or animal origin other than a drug as
specified in this chapter, and normally ingested by human beings; and
(ii) foods for special dietary uses as exist by reason of a physical, physiological,
pathological, or other condition including but not limited to the conditions of disease,
convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
overweight; uses for supplying a particular dietary need which exist by reason of age including
but not limited to the ages of infancy and childbirth, and also uses for supplementing and for
fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use
of a food. Any particular use of a food is a special dietary use regardless of the nutritional
purposes.
(u) "Immediate precursor" means a substance which the Attorney General of the United
States has found to be, and by regulation designated as being, the principal compound used or
produced primarily for use in the manufacture of a controlled substance, or which is an
immediate chemical intermediary used or likely to be used in the manufacture of a controlled
substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
controlled substance.
(v) "Indian" means a member of an Indian tribe.
(w) "Indian religion" means any religion:
(i) the origin and interpretation of which is from within a traditional Indian culture or
community; and
(ii) which is practiced by Indians.
(x) "Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
community of Indians, including any Alaska Native village, which is legally recognized as
eligible for and is consistent with the special programs, services, and entitlements provided by
the United States to Indians because of their status as Indians.
(y) "Manufacture" means the production, preparation, propagation, compounding, or
processing of a controlled substance, either directly or indirectly by extraction from substances of
natural origin, or independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis.
(z) "Manufacturer" includes any person who packages, repackages, or labels any
container of any controlled substance, except pharmacists who dispense or compound
prescription orders for delivery to the ultimate consumer.
(aa) "Marijuana" means all species of the genus cannabis and all parts of the genus,
whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, except the resin extracted from them, fiber, oil or
cake, or the sterilized seed of the plant which is incapable of germination. Any synthetic
equivalents of the substances contained in the plant cannabis sativa or any other species of the
genus cannabis which are chemically indistinguishable and pharmacologically active are also
included.
(bb) "Money" means officially issued coin and currency of the United States or any
foreign country.
(cc) "Narcotic drug" means any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis:
(i) opium, coca leaves, and opiates;
(ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or
opiates;
(iii) opium poppy and poppy straw; or
(iv) a substance, and any compound, manufacture, salt, derivative, or preparation of the
substance, which is chemically identical with any of the substances referred to in Subsection
(1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts
of coca leaves which do not contain cocaine or ecgonine.
(dd) "Negotiable instrument" means documents, containing an unconditional promise to
pay a sum of money, which are legally transferable to another party by endorsement or delivery.
(ee) "Opiate" means any drug or other substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of conversion into a drug
having addiction-forming or addiction-sustaining liability.
(ff) "Opium poppy" means the plant of the species papaver somniferum L., except the
seeds of the plant.
(gg) "Person" means any corporation, association, partnership, trust, other institution or
entity or one or more individuals.
(hh) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(ii) "Possession" or "use" means the joint or individual ownership, control, occupancy,
holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection,
or consumption, as distinguished from distribution, of controlled substances and includes
individual, joint, or group possession or use of controlled substances. For a person to be a
possessor or user of a controlled substance, it is not required that the person be shown to have
individually possessed, used, or controlled the substance, but it is sufficient if it is shown that the
person jointly participated with one or more persons in the use, possession, or control of any
substances with knowledge that the activity was occurring, or the controlled substance is found in
a place or under circumstances indicating that the person had the ability and the intent to exercise
dominion and control over it.
(jj) "Practitioner" means a physician, dentist, veterinarian, pharmacist, scientific
investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to
distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical
analysis a controlled substance in the course of professional practice or research in this state.
(kk) "Prescribe" means to issue a prescription orally or in writing.
(ll) "Prescription" means an order issued by a licensed practitioner, in the course of that
practitioner's professional practice, for a controlled substance, other drug, or device which it
dispenses or administers for use by a patient or an animal. The order may be issued by word of
mouth, written document, telephone, facsimile transmission, computer, or other electronic means
of communication as defined by rule.
(mm) "Production" means the manufacture, planting, cultivation, growing, or harvesting
of a controlled substance.
(nn) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
property.
(oo) "State" means the state of Utah.
(pp) "Ultimate user" means any person who lawfully possesses a controlled substance for
the person's own use, for the use of a member of the person's household, or for administration to
an animal owned by the person or a member of the person's household.
(2) If a term used in this chapter is not defined, the definition and terms of Title 76, Utah
Criminal Code, shall apply.
Amended by Chapter 382, 2008 General Session
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