H.B. 21 Enrolled

CONTROLLED SUBSTANCES AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Neal B. Hendrickson
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE
CONTROLLED SUBSTANCES PROVISIONS TO CLARIFY PROVISIONS
REGARDING IMMEDIATE PRECURSORS; PROVIDE FOR INCLUSION OF A
DEFINITION OF CONTINUING CRIMINAL ENTERPRISE; ALLOWING FOR
IDENTIFICATION AND PROSECUTION OF A DRUG RING LEADER; DEFINING
DRUG ANALOGS; REALIGNING PROVISIONS DEALING WITH PHARMACISTS
AND OTHERS WHO ARE LICENSED TO MANUFACTURE, DISTRIBUTE, AND
CONDUCT RESEARCH WITH CONTROLLED SUBSTANCES; DEFINING
CONSTRUCTIVE POSSESSION; AND PROVIDING PENALTIES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-13-102, as last amended by Chapter 30, Laws of Utah 1992
58-37-2, as last amended by Chapters 170 and 294, Laws of Utah 1996
58-37-3, as last amended by Chapter 12, Laws of Utah 1979
58-37-4, as last amended by Chapter 8, Laws of Utah 1994
58-37-6, as last amended by Chapters 170 and 247, Laws of Utah 1996
58-37-8, as last amended by Chapter 1, Laws of Utah 1996
58-37-12, as enacted by Chapter 145, Laws of Utah 1971
58-37b-2, as last amended by Chapter 190, Laws of Utah 1987
58-37d-3, as last amended by Chapter 4, Laws of Utah 1993
58-37d-4, as enacted by Chapter 156, Laws of Utah 1992
58-37d-5, as enacted by Chapter 156, Laws of Utah 1992
ENACTS:
58-37-8.5, Utah Code Annotated 1953
58-37d-8, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-13-102 is amended to read:
53A-13-102. Instruction on the harmful effects of alcohol, tobacco, and controlled
substances -- Rulemaking authority -- Assistance from the Division of Substance Abuse.
(1) [Sections 32A-12-209 and 76-10-105 and Subsection 58-37-8(2)(a)(i) prohibit
school-aged persons from using alcohol, tobacco, and controlled substances.] The State Board of
Education shall adopt rules providing for instruction at each grade level on the harmful effects of
alcohol, tobacco, and controlled substances upon the human body and society. The rules shall
require but are not limited to instruction on the following:
(a) teaching of skills needed to evaluate advertisements for, and media portrayal of, alcohol,
tobacco, and controlled substances;
(b) directing students towards [health] healthy and productive alternatives to the use of
alcohol, tobacco, and controlled substances; and
(c) discouraging the use of alcohol, tobacco, and controlled substances.
(2) At the request of the board, the Division of [Alcohol and Drugs] Substance Abuse shall
cooperate with the board in developing programs to provide this instruction.
(3) The board shall participate in efforts to enhance communication among community
organizations and state agencies, and shall cooperate with those entities in efforts which are
compatible with the purposes of this section.
Section 2. Section 58-37-2 is amended to read:
58-37-2. Definitions.
(1) As used in this chapter:
[(1)] (a) "Administer" means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
[(a)] (i) a practitioner or, in his presence, by his authorized agent; or
[(b)] (ii) the patient or research subject at the direction and in the presence of the practitioner.
[(2)] (b) "Agent" means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman,

- 2 -

or employee of any of them.
(c) "Continuing criminal enterprise" means any individual, sole proprietorship, partnership,
corporation, business trust, association, or other legal entity, and any union or groups of individuals
associated in fact although not a legal entity, and includes illicit as well as licit entities created or
maintained for the purpose of engaging in conduct which constitutes the commission of episodes of
activity made unlawful by Title 58, Chapters 37, 37a, 37b, 37c, or 37d, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, methods of
commission, or otherwise are interrelated by distinguishing characteristics. Taken together, the
episodes shall demonstrate continuing unlawful conduct and be related either to each other or to the
enterprise.
[(3)] (d) "Control" means to add, remove, or change the placement of a drug, substance, or
immediate precursor under Section 58-37-3.
[(4)] (e) (i) "Controlled substance" means a drug[,] or substance[, or immediate precursor]
included in Schedules I, II, III, IV, or V of Section 58-37-4, and also includes a drug[,] or substance[,
or immediate precursor] included in Schedules I, II, III, IV, or V of the federal Controlled Substances
Act, Title II, P.L. 91-513, [as those schedules may be revised to add, delete, or transfer substances
from one schedule to another, whether by Congressional enactment or by administrative rule of the
United States Attorney General adopted under Section 201 of that act] or any controlled substance
analog.
(ii) "Controlled substance" does not include:
(A) distilled spirits, wine, or malt beverages, as those terms are defined or used in Title 32A,
regarding tobacco or food[.];
(B) 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
(C) dietary supplements, vitamins, minerals, herbs, or other similar substances including
concentrates or extracts, which are not otherwise regulated by law, which may contain naturally

- 3 -

occurring amounts of chemical or substances listed in this chapter, or in rules adopted pursuant to
Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(f) (i) "Controlled substance analog" means a substance the chemical structure of which is
substantially similar to the chemical structure of a controlled substance listed in Schedules I and II
of Section 58-37-4, or in Schedules I and II of the federal Controlled Substances Act, Title II, P.L.
91-513:
(A) which has 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; 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.
(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; or
(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.
(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

- 4 -

Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(g) "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.
[(5)] (h) "Counterfeit substance" means:
[(a)] (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
[(b)] (ii) any substance that is represented to be a controlled substance.
[(6)] (i) "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.
[(7)] (j) "Department" means the Department of Commerce.
[(8)] (k) "Depressant or stimulant substance" means:
[(a)] (i) a drug which contains any quantity of:
[(i)] (A) barbituric acid or any of the salts of barbituric acid; or
[(ii)] (B) any derivative of barbituric acid which has been designated by the [secretary]
Secretary of Agriculture as habit-forming under Section 502 (d) of the federal Food, Drug, and
Cosmetic Act, 21 U.S.C. 352 (d);
[(b)] (ii) a drug which contains any quantity of:
[(i)] (A) amphetamine or any of its optical isomers;
[(ii)] (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or
[(iii)] (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; or
[(c)] (iii) lysergic acid diethylamide; or

- 5 -

[(d)] (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.
[(9)] (l) "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.
[(10)] (m) "Dispenser" means a pharmacist who dispenses a controlled substance.
[(11)] (n) "Distribute" means to deliver other than by administering or dispensing a
controlled substance or a listed chemical.
[(12)] (o) "Distributor" means a person who distributes controlled substances.
[(13)] (p) "Drug" means:
[(a)] (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;
[(b)] (ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in man or other animals;
[(c)] (iii) articles, other than food, intended to affect the structure or function of man or other
animals; and
[(d)] (iv) articles intended for use as a component of any articles specified in Subsection [(a)]
(i), [(b)] (ii), or [(c)] (iii); but does not include devices or their components, parts, or accessories.
[(14)] (q) "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 his dependency.
[(15)] (r) "Food" means:
[(a)] (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as

- 6 -

specified in this chapter, and normally ingested by human beings; and
[(b)] (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.
[(16)] (s) "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.
[(17)] (t) "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.
[(18)] (u) "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.
[(19)] (v) "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

- 7 -

are chemically indistinguishable and pharmacologically active are also included.
[(20)] (w) "Money" means officially issued coin and currency of the United States or any
foreign country.
[(21)] (x) "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:
[(a)] (i) opium, coca leaves, and opiates;
[(b)] (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves,
or opiates;
[(c)] (iii) opium poppy and poppy straw; or
[(d)] (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 [(a)]
(i), [(b)] (ii), or [(c)] (iii), except narcotic drug does not include decocainized coca leaves or extracts
of coca leaves which do not contain cocaine or ecgonine.
[(22)] (y) "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.
[(23)] (z) "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.
[(24)] (aa) "Opium poppy" means the plant of the species papaver somniferum L., except
the seeds of the plant.
[(25)] (bb) "Person" means any corporation, association, partnership, trust, other institution
or entity or one or more individuals.
[(26)] (cc) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
mowing.
[(27)] (dd) "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

- 8 -

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 he be shown to have individually possessed,
used, or controlled the substance, but it is sufficient if it is shown that [he] 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.
[(28)] (ee) "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.
[(29)] (ff) "Prescribe" means to issue a prescription orally or in writing.
[(30)] (gg) "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.
[(31)] (hh) "Production" means the manufacture, planting, cultivation, growing, or
harvesting of a controlled substance.
[(32)] (ii) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
property.
[(33)] (jj) "State" means the state of Utah.
[(34)] (kk) "Ultimate user" means any person who lawfully possesses a controlled substance
for his own use, for the use of a member of his household, or for administration to an animal owned
by him or a member of his household.
(2) If a term used in this chapter is not defined, the definition and terms of Title 76, Utah
Criminal Code, shall apply.
Section 3. Section 58-37-3 is amended to read:

- 9 -

58-37-3. Substances which are controlled.
(1) All [controlled] substances listed in Section 58-37-4 are [hereby] considered controlled.
(2) All [controlled] substances listed in the federal Controlled Substances Act, [(]Title II,
P.L. 91-513[), as it is amended from time to time], are [hereby] considered controlled.
[(3) Whenever any substance is designated, rescheduled or deleted as a controlled substance
in schedules I, II, III, IV or V of the federal Controlled Substances Act (Title II, P.L. 91-513), as
such schedules may be revised by Congressional enactment or by administrative rule of the United
States Attorney General adopted pursuant to Section 201 of that act, that subsequent designation,
rescheduling or deletion shall govern.]
Section 4. Section 58-37-4 is amended to read:
58-37-4. Schedules of controlled substances -- Schedules I through V -- Findings
required -- Specific substances included in schedules.
(1) There are established five schedules of controlled substances known as Schedules I, II,
III, IV, and V which shall consist of substances listed in this section.
(2) Schedules I, II, III, IV, and V consist of the following drugs or other substances by the
official name, common or usual name, chemical name, or brand name designated:
(a) Schedule I:
(i) Unless specifically excepted or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when
the existence of the isomers, esters, ethers, and salts is possible within the specific chemical
designation:
(A) Acetyl-alphamethylfentanyl;
(B) Acetylmethadol;
(C) Allylprodine;
(D) Alphacetylmethadol (except levo-alphacetylmethadol also known as
alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(E) Alphameprodine;
(F) Alphamethadol;

- 10 -

(G) Alpha-methiofentanyl;
(H) Alpha-methylfentanyl;
(I) Benzethidine;
(J) Beta-hydroxy-3-methylfentanyl;
(K) Beta-hydroxyfentanyl;
(L) Betacetylmethadol;
(M) Betameprodine;
(N) Betamethadol;
(O) Betaprodine;
(P) Cathinone;
(Q) Clonitazene;
(R) Dextromoramide;
(S) Diampromide;
(T) Diethylthiambutene;
(U) Difenoxin;
(V) Dimenoxadol;
(W) Dimepheptanol;
(X) Dimethylthiambutene;
(Y) Dioxaphetyl butyrate;
(Z) Dipipanone;
(AA) Ethylmethylthiambutene;
(BB) Etonitazene;
(CC) Etoxeridine;
(DD) Furethidine;
(EE) Hydroxypethidine;
(FF) Ketobemidone;
(GG) Levomoramide;
(HH) Levophenacylmorphan;

- 11 -

(II) Methcathinone;
(JJ) Morpheridine;
(KK) Mppp (l-methyl-4-phenyl-4-propionoxpipiridine);
(LL) Noracymethadol;
(MM) Norlevorphanol;
(NN) Normethadone;
(OO) Norpipanone;
(PP) Para-fluorofentanyl;
(QQ) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(RR) Phenadoxone;
(SS) Phenampromide;
(TT) Phenomorphan;
(UU) Phenoperidine;
(VV) Piritramide;
(WW) Proheptazine;
(XX) Properidine;
(YY) Propiram;
(ZZ) Racemoramide;
(AAA) Thiofentanyl;
(BBB) Tilidine;
(CCC) Trimeperidine;
(DDD) 3-menthylthiofentanyl; and
(EEE) 3-methylfentanyl.
(ii) Unless specifically excepted or unless listed in another schedule, any of the following
opium derivatives, their salts, isomers, and salts of isomers when the existence of the salts, isomers,
and salts of isomers is possible within the specific chemical designation:
(A) Acetorphine;
(B) Acetyldihydrocodeine;

- 12 -

(C) Benzylmorphine;
(D) Codeine methylbromide;
(E) Codeine-N-Oxide;
(F) Cyprenorphine;
(G) Desomorphine;
(H) Dihydromorphine;
(I) Drotebanol;
(J) Etorphine (except hydrochloride salt);
(K) Heroin;
(L) Hydromorphinol;
(M) Methyldesorphine;
(N) Methylhydromorphine;
(O) Morphine methylbromide;
(P) Morphine methylsulfonate;
(Q) Morphine-N-Oxide;
(R) Myrophine;
(S) Nicocodeine;
(T) Nicomorphine;
(U) Normorphine;
(V) Pholcodine; and
(W) Thebacon.
(iii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following hallucinogenic
substances, or which contains any of their salts, isomers, and salts of isomers when the existence of
the salts, isomers, and salts of isomers is possible within the specific chemical designation; as used
in this Subsection (iii) only, "isomer" includes the optical, position, and geometric isomers:
(A) 4-bromo-2,5-dimethoxy-amphetamine;
(B) 2,5-dimethoxyamphetamine;

- 13 -

(C) 3,4-methylenedioxy amphetamine;
(D) 3,4-methylenedioxy methamphetamine (MDMA);
(E) 5-methoxy-3,4-methylenedioxy amphetamine;
(F) 4-methoxyamphetamine;
(G) 3,4,5-trimethoxy amphetamine;
(H) Bufotenine;
(I) Diethyltryptamine;
(J) Dimethyltryptamine;
(K) 4-methyl-2,5-dimethoxy-amphetamine;
(L) Ibogaine;
(M) Lysergic acid diethylamide;
(N) Marijuana;
(O) Mescaline;
(P) Parahexyl;
(Q) Peyote;
(R) N-ethyl-3-piperidyl benzilate;
(S) N-methyl-3-piperidyl benzilate;
(T) Psilocybin;
(U) Psilocyn;
(V) Tetrahydrocannabinols;
(W) Ethylamine analog of phencyclidine;
(X) Pyrrolidine analog of phencyclidine;
(Y) 1-1-(2-Thieny) Cyclohexyl Pyrrolidine; and
(Z) Thiophene analog of phencyclidine.
(iv) Unless specifically excepted or unless listed in another schedule, any material
compound, mixture, or preparation which contains any quantity of the following substances having
a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers
when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical

- 14 -

designation:
(A) Mecloqualone; and
(B) Methaqualone.
(v) Any material, compound, mixture, or preparation containing any quantity of the
following substances having a stimulant effect on the central nervous system, including their salts,
isomers, and salts of isomers:
(A) Fenethylline;
(B) 4-Methylaminorex; and
(C) N-ethylamphetamine.
(b) Schedule II:
(i) Unless specifically excepted or unless listed in another schedule, any of the following
substances 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:
(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
opiate, excluding apomorphine, dextrorphan, nalbuphine, naloxone, and naltrexone, and their
respective salts, but including:
(I) Raw opium;
(II) Opium extracts;
(III) Opium fluid extracts;
(IV) Powdered opium;
(V) Granulated opium;
(VI) Tincture of opium;
(VII) Codeine;
(VIII) Ethylmorphine;
(IX) Etorphine hydrochloride;
(X) Hydrocodone;
(XI) Hydromorphone;

- 15 -

(XII) Metopon;
(XIII) Morphine;
(XIV) Oxycodone;
(XV) Oxymorphone; and
(XVI) Thebaine;
(B) Any salt, compound, derivative, or preparation which is chemically equivalent or
identical with any of the substances referred to in Subsection (2)(b)(i)(A), except that these
substances may not include the isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any
salt, compound, derivative, or preparation which is chemically equivalent or identical with any of
these substances, and includes cocaine, its isomers and salts of isomers, whether derived from the
coca plant or synthetically produced, except the substances may not include decocainized coca leaves
or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; and
(E) Concentrate of poppy straw, which means the crude extract of poppy straw in either
liquid, solid, or powder form which contains the phenanthrine alkaloids of the opium poppy.
(ii) Unless specifically excepted or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when
the existence of the isomers, esters, ethers, and salts is possible within the specific chemical
designation, except dextrorphan:
(A) Alphaprodine;
(B) Alfentanil;
(C) Anileridine;
(D) Bezitramide;
(E) Bulk dextropropoxyphene (nondosage forms);
(F) Carfentanil;
(G) Dihydrocodeine;
(H) Diphenoxylate;

- 16 -

(I) Fentanyl;
(J) Isomethadone;
(K) Levomethorphan;
(L) Levo-alphacetylmethadol (some other names: alpha-acetylmethadol, levomethadyl
acetate, or LAAM);
(M) Levorphanol;
(N) Metazocine;
(O) Methadone;
(P) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(Q) Methyl-Fentanyl;
(R) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;
(S) Pethidine (meperidine);
(T) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(U) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(V) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(W) Phenazocine;
(X) Piminodine;
(Y) Racemethorphan;
(Z) Racemorphan; and
(AA) Sufentanil.
(iii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances having
a stimulant effect on the central nervous system:
(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B) Methamphetamine, its salts, isomers, and salts of its isomers;
(C) Phenmetrazine and its salts; and
(D) Methylphenidate.
(iv) Unless specifically excepted or unless listed in another schedule, any material,

- 17 -

compound, mixture, or preparation which contains any quantity of the following substances having
a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers
when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(A) Amobarbital;
(B) N,N,Dimethylamphetamine;
(C) Glutethimide;
(D) Pentobarbital;
(E) Phencyclidine;
(F) Phencyclidine immediate precursors: 1-phenyl-cyclohexylamine and
1-piperidinocyclohexanecarbonitrile (PCC); and
(G) Secobarbital.
(v) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of [the following substances: (A)
immediate precursor to amphetamine and methamphetamine; (I)] Phenylacetone.
Some of these substances may be known by trade or other names: phenyl-2-propanone, P2P;
benzyl methyl ketone, methyl benzyl ketone.
(vi) (A) Dranabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in
a Fulnal Food and Drug Administration approved drug product; and
(B) Nabinol.
(c) Schedule III:
(i) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers whether optical, position, or
geometric, and salts of the isomers when the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(A) Those compounds, mixtures, or preparations in dosage unit form containing any
stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were listed

- 18 -

on August 25, 1971, as excepted compounds under Section 308.32 of Title 21 of the Code of Federal
Regulations, and any other drug of the quantitive composition shown in that list for those drugs or
which is the same except that it contains a lesser quantity of controlled substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D) Clortermine;
(E) Mazindol; and
(F) Phendimetrazine.
(ii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances having
a depressant effect on the central nervous system:
(A) Any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salt of any of them, and one or more other active medicinal ingredients which
are not listed in any schedule;
(B) Any suppository dosage form containing amobarbital, secobarbital, or pentobarbital, or
any salt of any of these drugs which is approved by the Food and Drug Administration for marketing
only as a suppository;
(C) Any substance which contains any quantity of a derivative of barbituric acid or any salt
of any of them;
(D) Chorhexadol;
(E) Lysergic acid;
(F) Lysergic acid amide;
(G) Methyprylon;
(H) Sulfondiethylmethane;
(I) Sulfonethylmethane;
(J) Sulfonmethane; and
(K) Tiletamine and zolazepam or any of their salts.
(iii) Nalorphine.

- 19 -

(iv) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing limited quantities of any of the following narcotic
drugs, or any salts of any of them:
(A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts;
(C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than
15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of
opium;
(D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than
15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts;
(E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
therapeutic amounts;
(F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts;
(G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more
than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts;
(H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one
or more active, non-narcotic ingredients in recognized therapeutic amounts.
(v) Unless specifically excepted or unless listed in another schedule, anabolic steroids
including any of the following or any isomer, ester, salt, or derivative of the following that acts in
the same manner on the human body:
(A) Clostebol;

- 20 -

(B) Chorionic gonadotropin;
(C) Dehydroclormethyltestosterone;
(D) Ethylestrenol;
(E) Fluxymesterone;
(F) Mesterolone;
(G) Methandrenone;
(H) Methandrostenolone;
(I) Methenolone;
(J) Methyltestosterone, except when combined with esterified estrogens;
(K) Nandrolone decanoate;
(L) Nandrolone phenpropionate;
(M) Norethandrolone;
(N) Oxandrolone;
(O) Oxymesterone;
(P) Oxymetholone;
(Q) Stanozolol; and
(R) Testosterone propionate.
Anabolic steroids expressly intended for administration through implants to cattle or other
nonhuman species, and approved by the Food and Drug Administration for use, may not be
classified as a controlled substance.
(d) Schedule IV:
(i) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation containing not more than 1 milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit, or any salts of any of them;
(ii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances,
including its salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts
of isomers is possible within the specific chemical designation:

- 21 -

(A) Alprazolam;
(B) Barbital;
(C) Bromazepam;
(D) Camazepam;
(E) Chloral betaine;
(F) Chloral hydrate;
(G) Chlordiazepoxide;
(H) Clobazam;
(I) Clonazepam;
(J) Clorazepate;
(K) Clotiazepam;
(L) Cloxazolam;
(M) Delorazepam;
(N) Diazepam;
(O) Estazolam;
(P) Ethchlorvynol;
(Q) Ethinamate;
(R) Ethyl loflazepate;
(S) Fludiazepam;
(T) Flunitrazepam;
(U) Flurazepam;
(V) Halazepam;
(W) Haloxazolam;
(X) Ketazolam;
(Y) Loprazolam;
(Z) Lorazepam;
(AA) Mebutamate;
(BB) Medazepam;

- 22 -

(CC) Medazolam;
(DD) Methohexital;
(EE) Meprobamate;
(FF) Methylphenobarbital (mephobarbital);
(GG) Nemetazepam;
(HH) Nitrazepam;
(II) Nordiazepam;
(JJ) Oxazepam;
(KK) Oxazolam;
(LL) Paraldehyde;
(MM) Penazepam;
(NN) Pentazocine;
(OO) Petrichloral;
(PP) Phenobarbital;
(QQ) Prazepam;
(RR) Quazepam;
(SS) Tempazepam;
(TT) Tetrazepam; and
(UU) Treazolam.
(iii) Any material, compound, mixture, or preparation of fenfluramine which contains any
quantity of the following substances, including its salts, isomers whether optical, position, or
geometric, and salts of the isomers when the existence of the salts, isomers, and salts of isomers is
possible.
(iv) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances having
a stimulant effect on the central nervous system, including its salts, isomers whether optical,
position, or geometric isomers, and salts of the isomers when the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation:

- 23 -

(A) Cathine;
(B) Diethylpropion;
(C) Fencamfamine;
(D) Fenproprex;
(E) Mazidole;
(F) Mefenorex;
(G) Phentermine;
(H) Pemoline, including organometallic complexes and chelates thereof;
(I) Pipradrol; and
(J) SPA ((-)-1-climethylamino-1,2 diphenylethane).
(v) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of dextropropoxyphene
(alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
(e) Schedule V: Any compound, mixture, or preparation containing any of the following
limited quantities of narcotic drugs, or salts of any of them, which includes one or more non-narcotic
active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or
preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(i) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(ii) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(iii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(iv) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(v) not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(vi) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit; and
(vii) unless specifically exempted or excluded or unless listed in another schedule, any
material, compound, mixture, or preparation which contains Pyrovalerone having a stimulant effect
on the central nervous system, including its salts, isomers, and salts of isomers.

- 24 -

Section 5. Section 58-37-6 is amended to read:
58-37-6. License to manufacture, produce, distribute, dispense, administer, or conduct
research -- Issuance by department -- Denial, suspension, or revocation -- Records required
-- Prescriptions.
(1) (a) The department may adopt rules relating to the licensing and control of the
manufacture, distribution, production, prescription, administration, dispensing, conducting of
research with, and performing of laboratory analysis upon controlled substances within this state.
(b) The department may assess reasonable fees to defray the cost of issuing original and
renewal licenses under this chapter pursuant to Section 63-38-3.2.
(c) The director of the department may delegate to any division or agency within the
department, authority to perform the responsibilities and functions prescribed to the department
under this chapter if the delegated authority is consistent with the function of the division or agency
provided by law.
(2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
administers, conducts research with, or performs laboratory analysis upon any controlled substance
in Schedules II through V within this state, or who proposes to engage in manufacturing, producing,
distributing, prescribing, dispensing, administering, conducting research with, or performing
laboratory analysis upon controlled substances included in Schedules II through V within this state
shall obtain a license issued by the department.
(ii) The division shall issue each license under this chapter in accordance with a two-year
renewal cycle established by rule. The division may by rule extend or shorten a renewal period by
as much as one year to stagger the renewal cycles it administers.
(b) Persons licensed to manufacture, produce, distribute, prescribe, dispense, administer,
conduct research with, or perform laboratory analysis upon controlled substances in Schedules II
[and] through V within this state may possess, manufacture, produce, distribute, prescribe, dispense,
administer, conduct research with, or perform laboratory analysis upon those substances to the extent
authorized by their license and in conformity with this chapter.
(c) The following persons are not required to obtain a license and may lawfully possess

- 25 -

controlled substances under this section:
(i) an agent or employee, except a sales representative, of any registered manufacturer,
distributor, or dispenser of any controlled substance, if the agent or employee is acting in the usual
course of his business or employment; however, nothing in this subsection shall be interpreted to
permit an agent, employee, sales representative, or detail man to maintain an inventory of controlled
substances separate from the location of his employer's registered and licensed place of business;
(ii) a motor carrier or warehouseman, or an employee of a motor carrier or warehouseman,
who possesses any controlled substance in the usual course of his business or employment; and
(iii) an ultimate user, or any person who possesses any controlled substance pursuant to a
lawful order of a practitioner.
(d) The department may enact rules waiving the license requirement for certain
manufacturers, producers, distributors, prescribers, dispensers, administrators, research practitioners,
or laboratories performing analysis if consistent with the public health and safety.
(e) A separate license is required at each principal place of business or professional practice
where the applicant manufactures, produces, distributes, prescribes, dispenses, administers, conducts
research with, or performs laboratory analysis upon controlled substances.
(f) The department may enact rules providing for the inspection of a licensee or applicant's
establishment, and may inspect the establishment according to those rules.
(3) (a) Upon proper application, the department shall license a qualified applicant to
manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
controlled substances included in Schedules I through V, unless it determines that issuance of a
license is inconsistent with the public interest. The department shall not issue a license to any person
to prescribe, dispense, or administer a Schedule I controlled substance. In determining public
interest, the department shall consider whether or not the applicant has:
(i) maintained effective controls against diversion of controlled substances and any Schedule
I or II substance compounded from any controlled substance into other than legitimate medical,
scientific, or industrial channels;
(ii) complied with applicable state and local law;

- 26 -

(iii) been convicted under federal or state laws relating to the manufacture, distribution, or
dispensing of substances;
(iv) past experience in the manufacture of controlled dangerous substances;
(v) established effective controls against diversion; and
(vi) complied with any other factors that the department establishes that promote the public
health and safety.
(b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
produce, distribute, conduct research with, or perform laboratory analysis upon controlled substances
in Schedule I other than those specified in the license.
(c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
substances in Schedules II through V if they are authorized to administer, dispense, or conduct
research under the laws of this state.
(ii) The department need not require a separate license for practitioners engaging in research
with nonnarcotic controlled substances in Schedules II through V where the licensee is already
licensed under this act in another capacity.
(iii) With respect to research involving narcotic substances in Schedules II through V, or
where the department by rule requires a separate license for research of nonnarcotic substances in
Schedules II through V, a practitioner shall apply to the department prior to conducting research.
(iv) Licensing for purposes of bona fide research with controlled substances by a practitioner
considered qualified may be denied only on a ground specified in Subsection (4), or upon evidence
that the applicant will abuse or unlawfully transfer or fail to safeguard adequately his supply of
substances against diversion from medical or scientific use.
(v) Practitioners registered under federal law to conduct research in Schedule I substances
may conduct research in Schedule I substances within this state upon furnishing the department
evidence of federal registration.
(d) Compliance by manufacturers, producers, and distributors with the provisions of federal
law respecting registration, excluding fees, entitles them to be licensed under this chapter.
(e) The department shall initially license those persons who own or operate an establishment

- 27 -

engaged in the manufacture, production, distribution, dispensation, or administration of controlled
substances prior to April 3, 1980, and who are licensed by the state.
(4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed on
probation, or revoked by the department upon finding that the applicant or licensee has:
(i) materially falsified any application filed or required pursuant to this chapter;
(ii) been convicted of an offense under this chapter or any law of the United States, or any
state, relating to any substance defined as a controlled substance;
(iii) been convicted of a felony under any other law of the United States or any state within
five years of the date of the issuance of the license;
(iv) had a federal license denied, suspended, or revoked by competent federal authority and
is no longer authorized to engage in the manufacturing, distribution, or dispensing of controlled
substances;
(v) had his license suspended or revoked by competent authority of another state for
violation of laws or regulations comparable to those of this state relating to the manufacture,
distribution, or dispensing of controlled substances;
(vi) violated any department rule that reflects adversely on the licensee's reliability and
integrity with respect to controlled substances;
(vii) refused inspection of records required to be maintained under this chapter by a person
authorized to inspect them; or
(viii) prescribed, dispensed, administered, or injected an anabolic steroid for the purpose of
manipulating human hormonal structure so as to:
(A) increase muscle mass, strength, or weight without medical necessity and without a
written prescription by any practitioner in the course of his professional practice; or
(B) improve performance in any form of human exercise, sport, or game.
(b) The department may limit revocation or suspension of a license to a particular controlled
substance with respect to which grounds for revocation or suspension exist.
(c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to this
section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of

- 28 -

Occupational and Professional Licensing Act, and conducted in conjunction with the appropriate
representative committee designated by the director of the department.
(ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and Professional
Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses, except where the
department is designated by law to perform those functions, or, when not designated by law, is
designated by the executive director of the Department of Commerce to conduct the proceedings.
(d) (i) The department may suspend any license simultaneously with the institution of
proceedings under this section if it finds there is an imminent danger to the public health or safety.
(ii) Suspension shall continue in effect until the conclusion of proceedings, including judicial
review, unless withdrawn by the department or dissolved by a court of competent jurisdiction.
(e) (i) If a license is suspended or revoked under Subsection (4), all controlled substances
owned or possessed by the licensee may be placed under seal in the discretion of the department.
(ii) [No disposition] Disposition may not be made of substances under seal until the time for
taking an appeal has lapsed, or until all appeals have been concluded, unless a court, upon
application, orders the sale of perishable substances and the proceeds deposited with the court.
(iii) If a revocation order becomes final, all controlled substances shall be forfeited.
(f) The department shall notify promptly the Bureau of Narcotics and Dangerous Drugs of
all orders suspending or revoking a license and all forfeitures of controlled substances.
(5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and inventories
in conformance with the record keeping and inventory requirements of federal and state law and any
additional rules issued by the department.
(b) (i) Every physician, dentist, veterinarian, practitioner, or other person who is authorized
to administer or professionally use a controlled substance shall keep a record of the drugs received
by him and a record of all drugs administered, dispensed, or professionally used by him otherwise
than by a prescription.
(ii) A person using small quantities or solutions or other preparations of those drugs for local
application has complied with Subsection (5)(b) if he keeps a record of the quantity, character, and
potency of those solutions or preparations purchased or prepared by him, and of the dates when

- 29 -

purchased or prepared.
(6) Controlled substances in Schedules I through V may be distributed only by a licensee
and pursuant to an order form prepared in compliance with department rules or a lawful order under
the rules and regulations of the United States.
(7) (a) [No] A person may not write or authorize a prescription for a controlled substance
unless he is:
(i) a practitioner authorized to prescribe drugs and medicine under the laws of this state or
under the laws of another state having similar standards; and
(ii) licensed under this chapter or under the laws of another state having similar standards.
(b) [No] A person other than a pharmacist licensed under the laws of this state, or his
licensed intern, as required by Section 58-17a-302, may not dispense a controlled substance.
(c) (i) [No] A controlled substance may not be dispensed without the written prescription
of a practitioner, if the written prescription is required by the federal Controlled Substances Act.
(ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
conformity with Subsection (7)(d).
(iii) In emergency situations, as defined by department rule, controlled substances may be
dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
designated by the department and filed by the pharmacy.
(iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with Subsection
(7)(d).
(d) Except for emergency situations designated by the department, [no] a person may not
issue, fill, compound, or dispense a prescription for a controlled substance unless the prescription
is signed in ink or indelible pencil by the prescriber and contains the following information:
(i) the name, address, and registry number of the prescriber;
(ii) the name, address, and age of the person to whom or for whom the prescription is issued;
(iii) the date of issuance of the prescription; and
(iv) the name, quantity, and specific directions for use by the ultimate user of the controlled
substance.

- 30 -

(e) [No] A prescription may not be written, issued, filled, or dispensed for a Schedule I
controlled substance.
(f) Except when administered directly to an ultimate user by a licensed practitioner,
controlled substances are subject to the following restrictions:
(i) A prescription for a Schedule II substance may be refilled only upon the written
prescription of an authorized practitioner, and [no] a prescription for a Schedule II controlled
substance may not be filled in a quantity to exceed a one-month's supply, as directed on the daily
dosage rate of the prescriptions.
(ii) A Schedule III or IV controlled substance may not be refilled more than six months after
the date of its original issuance or be refilled more than five times after the date of the prescription
unless renewed by the practitioner.
(iii) All other controlled substances in Schedule V may be refilled as the prescriber's
prescription directs, but they may not be refilled one year after the date the prescription was issued
unless renewed by the practitioner.
(iv) Any prescription for a Schedule II, III, and IV substance that is not presented to a
pharmacist for dispensing by a pharmacist, or, if an oral prescription, that is not obtained within ten
days of the date the prescription was written or authorized, may not be filled or dispensed.
(g) An order for a controlled substance in Schedules II through V for use by an inpatient or
an outpatient of a licensed hospital is exempt from all requirements of Subsection (7) if the order is:
(i) issued or made by a prescribing practitioner who holds an unrestricted registration with
the federal Drug Enforcement Administration, and an active Utah controlled substance license in
good standing issued by the division under this section, or a medical resident who is exempted from
licensure under Subsection 58-1-307(1)(c);
(ii) authorized by the prescribing practitioner treating the patient and the prescribing
practitioner designates the quantity ordered;
(iii) entered upon the record of the patient, the record is signed by the prescriber affirming
his authorization of the order within 48 hours after filling or administering the order, and the patient's
record reflects the quantity actually administered; and

- 31 -

(iv) filled and dispensed by a pharmacist practicing his profession within the physical
structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital and
the amount taken from the supply is administered directly to the patient authorized to receive it.
(h) A practitioner licensed under this chapter may not prescribe, administer, or dispense a
controlled substance to a minor, without first obtaining the consent required in Section 78-14-5 of
a parent, guardian, or person standing in loco parentis of the minor except in cases of an emergency.
For purposes of this subsection, "minor" has the same meaning as defined in Section 78-3a-103, and
"emergency" means any physical condition requiring the administration of a controlled substance
for immediate relief of pain or suffering.
(i) A practitioner licensed under this chapter may not prescribe or administer dosages of a
controlled substance in excess of medically recognized quantities necessary to treat the ailment,
malady, or condition of the ultimate user.
(j) A practitioner licensed under this chapter may not prescribe, administer, or dispense any
controlled substance to another person knowing that the other person is using a false name, address,
or other personal information for the purpose of securing the controlled substance.
(k) A person who is licensed under this chapter to manufacture, distribute, or dispense a
controlled substance may not manufacture, distribute, or dispense a controlled substance to another
licensee or any other authorized person not authorized by this license.
(l) A person licensed under this chapter may not omit, remove, alter, or obliterate a symbol
required by this chapter or by a rule issued under this chapter.
(m) A person licensed under this chapter may not refuse or fail to make, keep, or furnish any
record notification, order form, statement, invoice, or information required under this chapter.
(n) A person licensed under this chapter may not refuse entry into any premises for
inspection as authorized by this chapter.
(o) A person licensed under this chapter may not furnish false or fraudulent material
information in any application, report, or other document required to be kept by this chapter or
willfully make any false statement in any prescription, order, report, or record required by this
chapter.

- 32 -

(8) (a) Any person licensed under this chapter who is found by the department to have
violated any of the provisions of Subsections (7)(k) through (7)(o) is subject to a fine not to exceed
$5,000. The department shall determine the procedure for adjudication of any violations in
accordance with Sections 58-1-106 and 58-1-108.
(b) Any person who knowingly and intentionally violates Subsections (7)(h) through (7)(j)
is:
(i) upon first conviction, guilty of a class B misdemeanor;
(ii) upon second conviction, guilty of a class A misdemeanor;
(iii) on third or subsequent conviction, guilty of a third degree felony.
(c) Any person who knowingly and intentionally violates Subsections (7)(k) through (7)(o)
shall upon conviction be guilty of a third degree felony.
[(8) No] (9) Any information communicated to any licensed practitioner in an attempt to
unlawfully procure, or to procure the administration of, a controlled substance is not considered to
be a privileged communication.
Section 6. Section 58-37-8 is amended to read:
58-37-8. Prohibited acts -- Penalties.
(1) Prohibited acts A -- Penalties:
(a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
intentionally:
(i) produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or
dispense, a controlled or counterfeit substance;
(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to
distribute a controlled or counterfeit substance;
[(iii) possess a controlled substance in the course of his business as a sales representative of
a manufacturer or distributor of substances listed in Schedules II through V except that he may
possess such controlled substances when they are prescribed to him by a licensed practitioner; or]
[(iv)] (iii) possess a controlled or counterfeit substance with intent to distribute[.]; or
(iv) engage in a continuing criminal enterprise where:

- 33 -

(A) the person participates, directs, or engages in conduct which results in any violation of
any provision of Title 58, Chapters 37, 37a, 37b, 37c, or 37d that is a felony; and
(B) the violation is a part of a continuing series of two or more violations of Title 58,
Chapters 37, 37a, 37b, 37c, or 37d on separate occasions that are undertaken in concert with five or
more persons with respect to whom the person occupies a position of organizer, supervisor, or any
other position of management.
(b) Any person convicted of violating Subsection (1)(a) with respect to:
(i) a substance classified in Schedule I or II or a controlled substance analog is guilty of a
second degree felony and upon a second or subsequent conviction [of Subsection (1)(a)] is guilty
of a first degree felony;
(ii) a substance classified in Schedule III or IV, or marijuana, is guilty of a third degree
felony, and upon a second or subsequent conviction [punishable under this subsection] is guilty of
a second degree felony; or
(iii) a substance classified in Schedule V is guilty of a class A misdemeanor and upon a
second or subsequent conviction [punishable under this subsection] is guilty of a third degree felony.
(c) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree felony
punishable by imprisonment for an indeterminate term of not less than seven years and which may
be for life. Imposition or execution of the sentence may not be suspended, and the person is not
eligible for probation.
(2) Prohibited acts B -- Penalties:
(a) It is unlawful:
(i) for any person knowingly and intentionally to possess or use a controlled substance,
unless it was obtained under a valid prescription or order, directly from a practitioner while acting
in the course of his professional practice, or as otherwise authorized by this subsection;
(ii) for any owner, tenant, licensee, or person in control of any building, room, tenement,
vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied by
persons unlawfully possessing, using, or distributing controlled substances in any of those locations;
[(iii) for any person knowingly and intentionally to be present where controlled substances

- 34 -

are being used or possessed in violation of this chapter and the use or possession is open, obvious,
apparent, and not concealed from those present; however, a person may not be convicted under this
subsection if the evidence shows that he did not use the substance himself or advise, encourage, or
assist anyone else to do so; any incidence of prior unlawful use of controlled substances by the
defendant may be admitted to rebut this defense;]
[(iv)] (iii) for any person knowingly and intentionally to possess an altered or forged
prescription or written order for a controlled substance[;].
[(v) for a practitioner licensed under this chapter knowingly and intentionally to prescribe,
administer, or dispense a controlled substance to a juvenile, without first obtaining the consent
required in Section 78-14-5 of a parent, guardian, or person standing in loco parentis of the juvenile
except in cases of an emergency; for purposes of this subsection, a juvenile means a "minor" as
defined in Section 78-3a-103, and "emergency" means any physical condition requiring the
administration of a controlled substance for immediate relief of pain or suffering;]
[(vi) for a practitioner licensed under this chapter knowingly and intentionally to prescribe
or administer dosages of a controlled substance in excess of medically recognized quantities
necessary to treat the ailment, malady, or condition of the ultimate user; or]
[(vii) for any person to prescribe, administer, or dispense any controlled substance to another
person knowing that the other person is using a false name, address, or other personal information
for the purpose of securing the same.]
(b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
(i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
(ii) a substance classified in Schedule I or II, [or] marijuana, if the amount is more than 16
ounces, but less than 100 pounds, or a controlled substance analog, is guilty of a third degree felony;
or
(iii) marijuana, if the marijuana is not in the form of an extracted resin from any part of the
plant, and the amount is more than one ounce but less than 16 ounces, is guilty of a class A
misdemeanor.
(c) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior

- 35 -

boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or any
public jail or other place of confinement shall be sentenced to a penalty one degree greater than
provided in Subsection (2)(b).
(d) Upon a second or subsequent conviction of possession of any controlled substance by
a person [previously convicted under Subsection (2)(b)], that person shall be sentenced to a one
degree greater penalty than provided in this subsection.
(e) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
substances not included in Subsection (2)(b)(i), (ii), or (iii), including less than one ounce of
marijuana, is guilty of a class B misdemeanor. Upon a second conviction [for possession of a
controlled substance as provided in this subsection,] the person is guilty of a class A misdemeanor,
and upon a third or subsequent conviction [he] the person is guilty of a third degree felony.
(f) Any person convicted of violating [Subsections] Subsection (2)(a)(ii) [through] or
(2)(a)[(vii)](iii) is:
(i) on a first conviction, guilty of a class B misdemeanor;
(ii) on a second conviction, guilty of a class A misdemeanor; and
(iii) on a third or subsequent conviction, guilty of a third degree felony.
[(3) Prohibited acts C -- Penalties:]
[(a) It is unlawful for any person:]
[(i) who is subject to this chapter to distribute or dispense a controlled substance in violation
of this chapter;]
[(ii) who is a licensee to manufacture, distribute, or dispense a controlled substance to
another licensee or other authorized person not authorized by his license;]
[(iii) to omit, remove, alter, or obliterate a symbol required by this chapter or by a rule issued
under this chapter;]
[(iv) to refuse or fail to make, keep, or furnish any record, notification, order form,
statement, invoice, or information required under this chapter; or]
[(v) to refuse entry into any premises for inspection as authorized by this chapter.]
[(b) Any person convicted of violating Subsection (3)(a) shall be punished by a civil penalty

- 36 -

of not more than $5,000. The proceedings are independent of, and not in lieu of, criminal
proceedings under this chapter or any other law of this state. If the violation is prosecuted by
information or indictment which alleges the violation was committed knowingly or intentionally,
that person is upon conviction guilty of a third degree felony.]
[(4)] (3) Prohibited acts [D] C -- Penalties:
(a) It is unlawful for any person knowingly and intentionally:
(i) to use in the course of the manufacture or distribution of a controlled substance a license
number which is fictitious, revoked, suspended, or issued to another person or, for the purpose of
obtaining a controlled substance, to assume the title of, or represent himself to be, a manufacturer,
wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person;
(ii) to acquire or obtain possession of, to procure or attempt to procure the administration
of, to obtain a prescription for, to prescribe or dispense to any person known to be attempting to
acquire or obtain possession of, or to procure the administration of any controlled substance by
misrepresentation or failure by the person to disclose his receiving any controlled substance from
another source, fraud, forgery, deception, subterfuge, alteration of a prescription or written order for
a controlled substance, or the use of a false name or address;
(iii) to make any false or forged prescription or written order for a controlled substance, or
to utter the same, or to alter any prescription or written order issued or written under the terms of this
chapter; or
[(iv) to furnish false or fraudulent material information in any application, report, or other
document required to be kept by this chapter or to willfully make any false statement in any
prescription, order, report, or record required by this chapter; or]
[(v)] (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing upon any drug or container or labeling so
as to render any drug a counterfeit controlled substance.
(b) Any person convicted of violating Subsection [(4)](3)(a) is guilty of a third degree
felony.

- 37 -

[(5)] (4) Prohibited acts [E] D -- Penalties:
(a) Notwithstanding other provisions of this section, a person not authorized under this
chapter who commits any act declared to be unlawful under this section, Title 58, Chapter 37a, Utah
Drug Paraphernalia Act, or under Title 58, Chapter 37b, Imitation Controlled Substances Act, is
upon conviction subject to the penalties and classifications under Subsection [(5)](4)(b) if the act is
committed:
(i) in a public or private elementary or secondary school or on the grounds of any of those
schools;
(ii) in a public or private vocational school or post-secondary institution or on the grounds
of any of those schools or institutions;
(iii) in those portions of any building, park, stadium, or other structure or grounds which are,
at the time of the act, being used for an activity sponsored by or through a school or institution under
Subsections [(5)](4)(a)(i) and (ii);
(iv) in or on the grounds of a preschool or child-care facility;
(v) in a public park, amusement park, arcade, or recreation center;
(vi) in a church or synagogue;
(vii) in a shopping mall, sports facility, stadium, arena, theater, movie house, playhouse, or
parking lot or structure adjacent thereto;
(viii) in a public parking lot or structure;
(ix) within 1,000 feet of any structure, facility, or grounds included in Subsections
[(5)](4)(a)(i) through (viii); or
(x) with a person younger than 18 years of age, regardless of where the act occurs.
(b) A person convicted under this subsection is guilty of a first degree felony and shall be
imprisoned for a term of not less than five years if the penalty that would otherwise have been
established but for this subsection would have been a first degree felony. Imposition or execution
of the sentence may not be suspended, and the person is not eligible for [parole until the minimum
term of imprisonment under this subsection has been served] probation.
(c) If the classification that would otherwise have been established would have been less

- 38 -

than a first degree felony but for this subsection, a person convicted under this subsection is guilty
of one degree more than the maximum penalty prescribed for that offense.
(d) It is not a defense to a prosecution under this subsection that the actor mistakenly
believed the individual to be 18 years of age or older at the time of the offense or was unaware of
the individual's true age; nor that the actor mistakenly believed that the location where the act
occurred was not as described in Subsection [(5)](4)(a) or was unaware that the location where the
act occurred was as described in Subsection [(5)](4)(a).
[(6)] (5) Any violation of this chapter for which no penalty is specified is a class B
misdemeanor.
[(7)] (6) Any person who attempts or conspires to commit any offense unlawful under this
chapter is upon conviction guilty of one degree less than the maximum penalty prescribed for that
offense.
[(8)] (7) (a) Any penalty imposed for violation of this section is in addition to, and not in lieu
of, any civil or administrative penalty or sanction authorized by law.
(b) Where violation of this chapter violates a federal law or the law of another state,
conviction or acquittal under federal law or the law of another state for the same act is a bar to
prosecution in this state.
[(9) (a) When it appears to the court at the time of sentencing any person convicted under
this chapter that the person has previously been convicted of an offense under the laws of this state,
the United States, or another state, which if committed in this state would be an offense within this
chapter and it appears that probation would not be of benefit to the defendant or that probation would
be contrary to the interest, welfare, or protection of society, the court, notwithstanding Section
77-18-1, may if there is compliance with Subsection (9)(b), impose a minimum term to be served
by the defendant, of up to 1/2 the maximum sentence imposed by law for the offense committed.
For violations of this section, this subsection supersedes Section 77-18-4.]
[(b) (i) Before any person may be sentenced to a minimum term as provided in Subsection
(9)(a), the prosecuting attorney, or grand jury if an indictment, shall cause to be subscribed upon the
complaint, in misdemeanor cases, or the information or indictment, in addition to the substantive

- 39 -

offense charged, a statement setting forth the alleged past conviction of the defendant and
specifically stating the date and place of conviction and the offense of which the defendant was
convicted. The allegation shall be presented to the defendant at the time of his arraignment, or
afterwards by leave of court, but in no event later than two days prior to the trial of the offense
charged or the defendant's entering a plea of guilty. At the time of arraignment or a later date when
granted by the court, the court shall read the allegation of the previous conviction to the defendant,
provide him or his counsel with a copy of it, and explain to the defendant the consequences of the
allegation under Subsection (9)(a). The allegation of the past conviction of the defendant is not
admissible in a jury trial, except where the admissibility in evidence of a previous conviction is
otherwise recognized as admissible by law.]
[(ii) The court, following conviction of the defendant of the substantive offense charged and
prior to imposing sentence, shall inform the defendant of its decision to impose a minimum sentence
under Subsection (9)(a) and inquire as to whether the defendant admits or denies the previous
conviction. If the defendant denies the previous conviction, the court shall afford him an opportunity
to present evidence showing that the allegation of the past conviction is erroneous or the conviction
was lawfully vacated or the defendant was pardoned. The evidence shall be made a matter of record.
Following the evidence, the court shall make a finding as to whether the defendant has a previous
conviction, which finding is final, except for a showing of abuse of discretion. Following the
findings by the court, the defendant shall be sentenced under Subsection (9)(a) or under the
appropriate penalty provided by law, as the court in its discretion determines.]
[(c) Any person sentenced on a second offense to probation who violates that probation is
subject to Subsections (9)(a) and (9)(b).]
[(d) For violations of this section, Subsection (9) supersedes Section 76-3-203.5.]
[(10)] (8) In any prosecution for a violation of this chapter, evidence or proof which shows
a person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
substance or substances, is prima facie evidence that the person or persons did so with knowledge
of the character of the substance or substances.
[(11)] (9) This section does not prohibit a veterinarian, in good faith and in the course of his

- 40 -

professional practice only and not for humans, from prescribing, dispensing, or administering
controlled substances or from causing the substances to be administered by an assistant or orderly
under his direction and supervision.
[(12)] (10) Civil or criminal liability may not be imposed under this section on:
(a) any person registered under the Controlled Substances Act who manufactures,
distributes, or possesses an imitation controlled substance for use as a placebo or investigational new
drug by a registered practitioner in the ordinary course of professional practice or research; or
(b) any law enforcement officer acting in the course and legitimate scope of his employment.
[(13)] (11) If any provision of this chapter, or the application of any provision to any person
or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
invalid provision or application.
Section 7. Section 58-37-8.5 is enacted to read:
58-37-8.5. Applicability of Title 76 prosecutions under this chapter.
Unless specifically excluded in or inconsistent with the provisions of this chapter, the
provisions of Title 76, Chapters 1, 2, 3, and 4, are fully applicable to prosecutions under this chapter.
Section 8. Section 58-37-12 is amended to read:
58-37-12. Enforcement -- Coordination and cooperation of federal and state agencies
-- Powers.
The department and all law enforcement agencies charged with enforcing this act shall
cooperate with federal and other state agencies in discharging their responsibilities concerning traffic
in controlled substances and in suppressing the abuse of controlled substances. To this end, they are
authorized to:
(1) Arrange for the exchange of information between governmental officials concerning the
use and abuse of dangerous substances.
(2) Coordinate and cooperate in training programs in controlled substance law enforcement
at the local and state levels.
(3) Cooperate with the [Federal Bureau of Narcotics and Dangerous Drugs] United States
Department of Justice and the Utah [Bureau of Investigation] Department of Pubic Safety by

- 41 -

establishing a centralized unit which will receive, catalog, file, and collect statistics, including
records of drug-dependent persons and other controlled substance law offenders within the state, and
make the information available for federal, state, and local law enforcement purposes.
(4) Conduct programs of eradication aimed at destroying the wild or illicit growth of plant
species from which controlled substances may be extracted.
Section 9. Section 58-37b-2 is amended to read:
58-37b-2. Definitions.
As used in this chapter:
(1) "Controlled substance" [means a substance as defined in Subsection] has the same
meaning as provided in Section 58-37-2 [(4) of the Utah Controlled Substances Act].
(2) "Distribute" means the actual, constructive, or attempted sale, transfer, delivery, or
dispensing to another of an imitation controlled substance.
(3) "Imitation controlled substance" means a substance that is not a controlled substance or
counterfeit controlled substance, and which by overall dosage unit substantially resembles a specific
controlled substance in appearance, including its color, shape, or size.
(4) "Manufacture" means the production, preparation, compounding, processing,
encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an imitation controlled
substance.
Section 10. Section 58-37d-3 is amended to read:
58-37d-3. Definitions.
(1) As used in this chapter:
[(1)] (a) "Booby trap" means any concealed or camouflaged device designed to cause bodily
injury when triggered by any action of a person making contact with the device. This term includes
guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms,
sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices
for the production of toxic fumes or gases.
[(2)] (b) "Clandestine laboratory operation" means the:
[(a)] (i) purchase or procurement of chemicals, supplies, equipment, or laboratory location

- 42 -

for the illegal manufacture of the above specified controlled substances specified in this act;
[(b)] (ii) transportation or arranging for the transportation of chemicals, supplies, or
equipment for the illegal manufacture of specified controlled substances specified in this act;
[(c)] (iii) setting up of equipment or supplies in preparation for the illegal manufacture of
the above specified controlled substances specified in this act;
[(d)] (iv) illegal manufacture of the above specified controlled substances specified in this
act; or
[(e)] (v) distribution or disposal of chemicals, equipment, supplies, or products used in or
produced by the illegal manufacture of specified controlled substances specified in this act.
[(3)] (c) "Controlled substance precursor" means those chemicals designated in Title 58,
Chapter 37c, Controlled Substances Precursor Act, except those substances designated in
Subsections 58-37c-3(2)(gg) and (2)(hh).
[(4)] (d) "Disposal" means the abandonment, discharge, deposit, injection, dumping, spilling,
leaking, or placing of any hazardous or dangerous material into or on any property, land or water so
that the material may enter the environment, be emitted into the air, or discharged into any waters,
including groundwater.
[(5)] (e) "Hazardous or dangerous material" means any substance which because of its
quantity, concentration, physical characteristics, or chemical characteristics may cause or
significantly contribute to an increase in mortality, an increase in serious illness, or may pose a
substantial present or potential future hazard to human health or the environment when improperly
treated, stored, transported, disposed of, or otherwise improperly managed.
[(6)] (f) "Illegal manufacture of specified controlled substances" means in violation of Title
58, Chapter 37, Utah Controlled Substances Act, the:
[(a)] (i) compounding, synthesis, concentration, purification, separation, extraction, or other
physical or chemical processing for the purpose of producing methamphetamine, other amphetamine
compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic
analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid
diethylamide, mescaline;

- 43 -

[(b)] (ii) conversion of cocaine or methamphetamine to their base forms; or
[(c)] (iii) extraction, concentration, or synthesis of marijuana as that drug is defined in
[Subsection] Section 58-37-2[(19) of the Utah Controlled Substances Act].
(2) Unless otherwise specified, the definitions in Section 58-37-2 also apply to this chapter.
Section 11. Section 58-37d-4 is amended to read:
58-37d-4. Prohibited acts -- Second degree felony.
(1) It is unlawful for any person to knowingly or intentionally:
(a) possess a controlled substance precursor with the intent to engage in a clandestine
laboratory operation;
(b) possess laboratory equipment or supplies with the intent to engage in a clandestine
laboratory operation;
(c) sell, distribute, or otherwise supply a precursor chemical, laboratory equipment, or
laboratory supplies knowing or having reasonable cause to believe it will be used for a clandestine
laboratory operation;
(d) evade recordkeeping provisions of Title 58, Chapter 37c, Controlled Substances
Precursor Act, or the regulations issued under that act, knowing or having reasonable cause to
believe that the material distributed or received will be used for a clandestine laboratory operation;
[or]
(e) conspire with or aid another to engage in a clandestine laboratory operation[.];
(f) produce or manufacture, or possess with intent to produce or manufacture a controlled
or counterfeit substance except as authorized under Title 58, Chapter 37, Utah Controlled Substances
Act; or
(g) transport or convey a controlled or counterfeit substance with the intent to distribute or
to be distributed by the person transporting or conveying the controlled or counterfeit substance or
by any other person regardless of whether the final destination for the distribution is within this state
or any other location.
(2) A person who violates any provision of Subsection (1) is guilty of a second degree
felony.

- 44 -

Section 12. Section 58-37d-5 is amended to read:
58-37d-5. Prohibited acts -- First degree felony.
(1) A person who violates Subsection 58-37d-4(1)(a), (b), [or] (e), or (f) is guilty of a first
degree felony if the trier of fact also finds any one of the following conditions occurred in
conjunction with that violation:
(a) possession of a firearm;
(b) use of a booby trap;
(c) illegal possession, transportation, or disposal of hazardous or dangerous material 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;
(d) intended laboratory operation was to take place or did take place within 500 feet of a
residence, place of business, church, or school;
(e) any phase of the clandestine laboratory operation or production or manufacture of a
controlled or counterfeit substance involved a person less than 18 years of age;
(f) clandestine laboratory operation actually produced any amount of a specified controlled
substance; or
(g) intended clandestine laboratory operation was for the production of cocaine base or
methamphetamine base.
(2) If the trier of fact finds that two or more of the conditions listed in Subsections (1)(a)
through (g) of this section occurred in conjunction with the violation, at sentencing for the first
degree felony:
(a) probation shall not be granted;
(b) the execution or imposition of sentence shall not be suspended; and
(c) the court shall not enter a judgment for a lower category of offense.
Section 13. Section 58-37d-8 is enacted to read:
58-37d-8. Applicability of Title 76 prosecutions under this chapter.
Unless specifically excluded in or inconsistent with the provisions of this chapter, the

- 45 -

provisions of Title 76, Chapters 1, 2, 3, and 4, are fully applicable to prosecutions under this chapter.

- 46 -