H.B. 21

1

CONTROLLED SUBSTANCES AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Neal B. Hendrickson
5 AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE
6 CONTROLLED SUBSTANCES PROVISIONS TO PROVIDE FOR INCLUSION OF A
7 DEFINITION OF CONTINUING CRIMINAL ENTERPRISE; IDENTIFICATION AND
8 PROSECUTION OF A DRUG RING LEADER; DEFINING DRUG ANALOGS;
9 REALIGNING PROVISIONS DEALING WITH PHARMACISTS AND OTHERS WHO ARE
10 LICENSED TO MANUFACTURE, DISTRIBUTE, AND CONDUCT RESEARCH WITH
11 CONTROLLED SUBSTANCES; DEFINING CONSTRUCTIVE POSSESSION; AND
12 PROVIDING PENALTIES.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 53A-13-102, as last amended by Chapter 30, Laws of Utah 1992
16 58-37-2, as last amended by Chapters 170 and 294, Laws of Utah 1996
17 58-37-3, as last amended by Chapter 12, Laws of Utah 1979
18 58-37-6, as last amended by Chapters 170 and 247, Laws of Utah 1996
19 58-37-8, as last amended by Chapter 1, Laws of Utah 1996
20 58-37-12, as enacted by Chapter 145, Laws of Utah 1971
21 58-37b-2, as last amended by Chapter 190, Laws of Utah 1987
22 58-37d-3, as last amended by Chapter 4, Laws of Utah 1993
23 58-37d-4, as enacted by Chapter 156, Laws of Utah 1992
24 58-37d-5, as enacted by Chapter 156, Laws of Utah 1992
25 ENACTS:
26 58-37-8.5, Utah Code Annotated 1953
27 58-37d-8, Utah Code Annotated 1953

1 Be it enacted by the Legislature of the state of Utah:
2 Section 1. Section 53A-13-102 is amended to read:
3 53A-13-102. Instruction on the harmful effects of alcohol, tobacco, and controlled
4 substances -- Rulemaking authority -- Assistance from the Division of Substance Abuse.
5 (1) [Sections 32A-12-209 and 76-10-105 and Subsection 58-37-8(2)(a)(i) prohibit
6 school-aged persons from using alcohol, tobacco, and controlled substances.] The State Board of
7 Education shall adopt rules providing for instruction at each grade level on the harmful effects of
8 alcohol, tobacco, and controlled substances upon the human body and society. The rules shall
9 require but are not limited to instruction on the following:
10 (a) teaching of skills needed to evaluate advertisements for, and media portrayal of,
11 alcohol, tobacco, and controlled substances;
12 (b) directing students towards [health] healthy and productive alternatives to the use of
13 alcohol, tobacco, and controlled substances; and
14 (c) discouraging the use of alcohol, tobacco, and controlled substances.
15 (2) At the request of the board, the Division of [Alcohol and Drugs] Substance Abuse shall
16 cooperate with the board in developing programs to provide this instruction.
17 (3) The board shall participate in efforts to enhance communication among community
18 organizations and state agencies, and shall cooperate with those entities in efforts which are
19 compatible with the purposes of this section.
20 Section 2. Section 58-37-2 is amended to read:
21 58-37-2. Definitions.
22 (1) As used in this chapter:
23 [(1)] (a) "Administer" means the direct application of a controlled substance, whether by
24 injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
25 [(a)] (i) a practitioner or, in his presence, by his authorized agent; or
26 [(b)] (ii) the patient or research subject at the direction and in the presence of the
27 practitioner.
28 [(2)] (b) "Agent" means an authorized person who acts on behalf of or at the direction of
29 a manufacturer, distributor, or practitioner but does not include a motor carrier, public
30 warehouseman, or employee of any of them.
31 (c) "Continuing criminal enterprise" means any individual, sole proprietorship,

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1 partnership, corporation, business trust, association, or other legal entity, and any union or groups
2 of individuals associated in fact although not a legal entity, and includes illicit as well as licit
3 entities created or maintained for the purpose of engaging in conduct which constitutes the
4 commission of episodes of activity made unlawful by Title 58, Chapters 37, 37a, 37b, 37c, or 37d,
5 which episodes are not isolated, but have the same or similar purposes, results, participants,
6 victims, methods of commission, or otherwise are interrelated by distinguishing characteristics.
7 Taken together, the episodes shall demonstrate continuing unlawful conduct and be related either
8 to each other or to the enterprise.
9 [(3)] (d) "Control" means to add, remove, or change the placement of a drug, substance,
10 or immediate precursor under Section 58-37-3.
11 [(4)] (e) (i) "Controlled substance" means a drug, substance, or immediate precursor
12 included in Schedules I, II, III, IV, or V of Section 58-37-4, and also includes a drug, substance,
13 or immediate precursor included in Schedules I, II, III, IV, or V of the federal Controlled
14 Substances Act, Title II, P.L. 91-513, [as those schedules may be revised to add, delete, or transfer
15 substances from one schedule to another, whether by Congressional enactment or by
16 administrative rule of the United States Attorney General adopted under Section 201 of that act]
17 or any controlled substance analog.
18 (ii) "Controlled substance" does not include distilled spirits, wine, or malt beverages, as
19 those terms are defined or used in Title 32A, regarding tobacco or food.
20 (f) (i) "Controlled substance analog" means a substance the chemical structure of which
21 is substantially similar to the chemical structure of a controlled substance listed in Schedules I and
22 II of Section 58-37-4, or in Schedules I and II of the federal Controlled Substances Act, Title II,
23 P.L. 91-513:
24 (A) which has a stimulant, depressant, or hallucinogenic effect on the central nervous
25 system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
26 nervous system of controlled substances in the schedules set forth in this subsection; or
27 (B) which, with respect to a particular individual, is represented or intended to have a
28 stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar
29 to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled
30 substances in the schedules set forth in this subsection.
31 (ii) Controlled substance analog does not include:

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1 (A) a controlled substance currently scheduled in Schedules I through V of Section
2 58-37-4;
3 (B) a substance for which there is an approved new drug application;
4 (C) a substance with respect to which an exemption is in effect for investigational use by
5 a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 366, to the
6 extent the conduct with respect to the substance is permitted by the exemption; or
7 (D) any substance to the extent not intended for human consumption before an exemption
8 takes effect with respect to the substance.
9 (g) "Conviction" means a determination of guilt by verdict, whether jury or bench, or plea,
10 whether guilty or no contest, for any offense proscribed by Title 58, Chapters 37, 37a, 37b, 37c,
11 or 37d, or for any offense under the laws of the United States and any other state which, if
12 committed in this state, would be an offense under Title 58, Chapters 37, 37a, 37b, 37c, or 37d.
13 [(5)] (h) "Counterfeit substance" means:
14 [(a)] (i) any substance or container or labeling of any substance that without authorization
15 bears the trademark, trade name, or other identifying mark, imprint, number, device, or any
16 likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who
17 in fact manufactured, distributed, or dispensed the substance which falsely purports to be a
18 controlled substance distributed by, any other manufacturer, distributor, or dispenser; or
19 [(b)] (ii) any substance that is represented to be a controlled substance.
20 [(6)] (i) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
21 controlled substance or a listed chemical, whether or not an agency relationship exists.
22 [(7)] (j) "Department" means the Department of Commerce.
23 [(8)] (k) "Depressant or stimulant substance" means:
24 [(a)] (i) a drug which contains any quantity of:
25 [(i)] (A) barbituric acid or any of the salts of barbituric acid; or
26 [(ii)] (B) any derivative of barbituric acid which has been designated by the [secretary]
27 Secretary of Agriculture as habit-forming under Section 502 (d) of the federal Food, Drug, and
28 Cosmetic Act, 21 U.S.C. 352 (d);
29 [(b)] (ii) a drug which contains any quantity of:
30 [(i)] (A) amphetamine or any of its optical isomers;
31 [(ii)] (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or

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1 [(iii)] (C) any substance which the Secretary of Health and Human Services or the
2 Attorney General of the United States after investigation has found and by regulation designated
3 habit-forming because of its stimulant effect on the central nervous system; or
4 [(c)] (iii) lysergic acid diethylamide; or
5 [(d)] (iv) any drug which contains any quantity of a substance which the Secretary of
6 Health and Human Services or the Attorney General of the United States after investigation has
7 found to have, and by regulation designated as having, a potential for abuse because of its
8 depressant or stimulant effect on the central nervous system or its hallucinogenic effect.
9 [(9)] (l) "Dispense" means the delivery of a controlled substance by a pharmacist to an
10 ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing
11 to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or
12 compounding necessary to prepare the substance for delivery.
13 [(10)] (m) "Dispenser" means a pharmacist who dispenses a controlled substance.
14 [(11)] (n) "Distribute" means to deliver other than by administering or dispensing a
15 controlled substance or a listed chemical.
16 [(12)] (o) "Distributor" means a person who distributes controlled substances.
17 [(13)] (p) "Drug" means:
18 [(a)] (i) articles recognized in the official United States Pharmacopoeia, Official
19 Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any
20 supplement to any of them;
21 [(b)] (ii) articles intended for use in the diagnosis, cure, mitigation, treatment, or
22 prevention of disease in man or other animals;
23 [(c)] (iii) articles, other than food, intended to affect the structure or function of man or
24 other animals; and
25 [(d)] (iv) articles intended for use as a component of any articles specified in Subsection
26 [(a)] (i), [(b)] (ii), or [(c)] (iii); but does not include devices or their components, parts, or
27 accessories.
28 [(14)] (q) "Drug dependent person" means any individual who unlawfully and habitually
29 uses any controlled substance to endanger the public morals, health, safety, or welfare, or who is
30 so dependent upon the use of controlled substances as to have lost the power of self-control with
31 reference to his dependency.

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1 [(15)] (r) "Food" means:
2 [(a)] (i) any nutrient or substance of plant, mineral, or animal origin other than a drug as
3 specified in this chapter, and normally ingested by human beings; and
4 [(b)] (ii) foods for special dietary uses as exist by reason of a physical, physiological,
5 pathological, or other condition including but not limited to the conditions of disease,
6 convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
7 overweight; uses for supplying a particular dietary need which exist by reason of age including but
8 not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying
9 the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food.
10 Any particular use of a food is a special dietary use regardless of the nutritional purposes.
11 [(16)] (s) "Immediate precursor" means a substance which the Attorney General of the
12 United States has found to be, and by regulation designated as being, the principal compound used
13 or produced primarily for use in the manufacture of a controlled substance, or which is an
14 immediate chemical intermediary used or likely to be used in the manufacture of a controlled
15 substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
16 controlled substance.
17 [(17)] (t) "Manufacture" means the production, preparation, propagation, compounding,
18 or processing of a controlled substance, either directly or indirectly by extraction from substances
19 of natural origin, or independently by means of chemical synthesis or by a combination of
20 extraction and chemical synthesis.
21 [(18)] (u) "Manufacturer" includes any person who packages, repackages, or labels any
22 container of any controlled substance, except pharmacists who dispense or compound prescription
23 orders for delivery to the ultimate consumer.
24 [(19)] (v) "Marijuana" means all species of the genus cannabis and all parts of the genus,
25 whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every
26 compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
27 The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake
28 made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
29 preparation of the mature stalks, except the resin extracted from them, fiber, oil or cake, or the
30 sterilized seed of the plant which is incapable of germination. Any synthetic equivalents of the
31 substances contained in the plant cannabis sativa or any other species of the genus cannabis which

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1 are chemically indistinguishable and pharmacologically active are also included.
2 [(20)] (w) "Money" means officially issued coin and currency of the United States or any
3 foreign country.
4 [(21)] (x) "Narcotic drug" means any of the following, whether produced directly or
5 indirectly by extraction from substances of vegetable origin, or independently by means of
6 chemical synthesis, or by a combination of extraction and chemical synthesis:
7 [(a)] (i) opium, coca leaves, and opiates;
8 [(b)] (ii) a compound, manufacture, salt, derivative, or preparation of opium, coca leaves,
9 or opiates;
10 [(c)] (iii) opium poppy and poppy straw; or
11 [(d)] (iv) a substance, and any compound, manufacture, salt, derivative, or preparation of
12 the substance, which is chemically identical with any of the substances referred to in Subsection
13 [(a)] (i), [(b)] (ii), or [(c)] (iii), except narcotic drug does not include decocainized coca leaves or
14 extracts of coca leaves which do not contain cocaine or ecgonine.
15 [(22)] (y) "Negotiable instrument" means documents, containing an unconditional promise
16 to pay a sum of money, which are legally transferable to another party by endorsement or delivery.
17 [(23)] (z) "Opiate" means any drug or other substance having an addiction-forming or
18 addiction-sustaining liability similar to morphine or being capable of conversion into a drug
19 having addiction-forming or addiction-sustaining liability.
20 [(24)] (aa) "Opium poppy" means the plant of the species papaver somniferum L., except
21 the seeds of the plant.
22 [(25)] (bb) "Person" means any corporation, association, partnership, trust, other institution
23 or entity or one or more individuals.
24 [(26)] (cc) "Poppy straw" means all parts, except the seeds, of the opium poppy, after
25 mowing.
26 [(27)] (dd) "Possession" or "use" means the joint or individual ownership, control,
27 occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing,
28 injection, or consumption, as distinguished from distribution, of controlled substances and includes
29 individual, joint, or group possession or use of controlled substances. For a person to be a
30 possessor or user of a controlled substance, it is not required that he be shown to have individually
31 possessed, used, or controlled the substance, but it is sufficient if it is shown that [he] the person

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1 jointly participated with one or more persons in the use, possession, or control of any substances
2 with knowledge that the activity was occurring, or the controlled substance is found in a place or
3 under circumstances indicating that the person had the ability and the intent to exercise dominion
4 and control over it.
5 [(28)] (ee) "Practitioner" means a physician, dentist, veterinarian, pharmacist, scientific
6 investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to
7 distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical
8 analysis a controlled substance in the course of professional practice or research in this state.
9 [(29)] (ff) "Prescribe" means to issue a prescription orally or in writing.
10 [(30)] (gg) "Prescription" means an order issued by a licensed practitioner, in the course
11 of that practitioner's professional practice, for a controlled substance, other drug, or device which
12 it dispenses or administers for use by a patient or an animal. The order may be issued by word of
13 mouth, written document, telephone, facsimile transmission, computer, or other electronic means
14 of communication as defined by rule.
15 [(31)] (hh) "Production" means the manufacture, planting, cultivation, growing, or
16 harvesting of a controlled substance.
17 [(32)] (ii) "Securities" means any stocks, bonds, notes, or other evidences of debt or of
18 property.
19 [(33)] (jj) "State" means the state of Utah.
20 [(34)] (kk) "Ultimate user" means any person who lawfully possesses a controlled
21 substance for his own use, for the use of a member of his household, or for administration to an
22 animal owned by him or a member of his household.
23 (2) If a term used in this chapter is not defined, the definition and terms of Title 76, Utah
24 Criminal Code, shall apply.
25 Section 3. Section 58-37-3 is amended to read:
26 58-37-3. Substances which are controlled.
27 (1) All [controlled] substances listed in Section 58-37-4 are [hereby] considered controlled.
28 (2) All [controlled] substances listed in the federal Controlled Substances Act, [(]Title II,
29 P.L. 91-513[), as it is amended from time to time], are [hereby] considered controlled.
30 [(3) Whenever any substance is designated, rescheduled or deleted as a controlled
31 substance in schedules I, II, III, IV or V of the federal Controlled Substances Act (Title II, P.L.

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1 91-513), as such schedules may be revised by Congressional enactment or by administrative rule
2 of the United States Attorney General adopted pursuant to Section 201 of that act, that subsequent
3 designation, rescheduling or deletion shall govern.]
4 Section 4. Section 58-37-6 is amended to read:
5 58-37-6. License to manufacture, produce, distribute, dispense, administer, or
6 conduct research -- Issuance by department -- Denial, suspension, or revocation -- Records
7 required -- Prescriptions.
8 (1) (a) The department may adopt rules relating to the licensing and control of the
9 manufacture, distribution, production, prescription, administration, dispensing, conducting of
10 research with, and performing of laboratory analysis upon controlled substances within this state.
11 (b) The department may assess reasonable fees to defray the cost of issuing original and
12 renewal licenses under this chapter pursuant to Section 63-38-3.2.
13 (c) The director of the department may delegate to any division or agency within the
14 department, authority to perform the responsibilities and functions prescribed to the department
15 under this chapter if the delegated authority is consistent with the function of the division or
16 agency provided by law.
17 (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
18 administers, conducts research with, or performs laboratory analysis upon any controlled substance
19 in Schedules II through V within this state, or who proposes to engage in manufacturing,
20 producing, distributing, prescribing, dispensing, administering, conducting research with, or
21 performing laboratory analysis upon controlled substances included in Schedules II through V
22 within this state shall obtain a license issued by the department.
23 (ii) The division shall issue each license under this chapter in accordance with a two-year
24 renewal cycle established by rule. The division may by rule extend or shorten a renewal period
25 by as much as one year to stagger the renewal cycles it administers.
26 (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense, administer,
27 conduct research with, or perform laboratory analysis upon controlled substances in Schedules II
28 [and] through V within this state may possess, manufacture, produce, distribute, prescribe,
29 dispense, administer, conduct research with, or perform laboratory analysis upon those substances
30 to the extent authorized by their license and in conformity with this chapter.
31 (c) The following persons are not required to obtain a license and may lawfully possess

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

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1 (iv) past experience in the manufacture of controlled dangerous substances;
2 (v) established effective controls against diversion; and
3 (vi) complied with any other factors that the department establishes that promote the
4 public health and safety.
5 (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
6 produce, distribute, conduct research with, or perform laboratory analysis upon controlled
7 substances in Schedule I other than those specified in the license.
8 (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
9 substances in Schedules II through V if they are authorized to administer, dispense, or conduct
10 research under the laws of this state.
11 (ii) The department need not require a separate license for practitioners engaging in
12 research with nonnarcotic controlled substances in Schedules II through V where the licensee is
13 already licensed under this act in another capacity.
14 (iii) With respect to research involving narcotic substances in Schedules II through V, or
15 where the department by rule requires a separate license for research of nonnarcotic substances in
16 Schedules II through V, a practitioner shall apply to the department prior to conducting research.
17 (iv) Licensing for purposes of bona fide research with controlled substances by a
18 practitioner considered qualified may be denied only on a ground specified in Subsection (4), or
19 upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard adequately
20 his supply of substances against diversion from medical or scientific use.
21 (v) Practitioners registered under federal law to conduct research in Schedule I substances
22 may conduct research in Schedule I substances within this state upon furnishing the department
23 evidence of federal registration.
24 (d) Compliance by manufacturers, producers, and distributors with the provisions of
25 federal law respecting registration, excluding fees, entitles them to be licensed under this chapter.
26 (e) The department shall initially license those persons who own or operate an
27 establishment engaged in the manufacture, production, distribution, dispensation, or administration
28 of controlled substances prior to April 3, 1980, and who are licensed by the state.
29 (4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed on
30 probation, or revoked by the department upon finding that the applicant or licensee has:
31 (i) materially falsified any application filed or required pursuant to this chapter;

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1 (ii) been convicted of an offense under this chapter or any law of the United States, or any
2 state, relating to any substance defined as a controlled substance;
3 (iii) been convicted of a felony under any other law of the United States or any state within
4 five years of the date of the issuance of the license;
5 (iv) had a federal license denied, suspended, or revoked by competent federal authority
6 and is no longer authorized to engage in the manufacturing, distribution, or dispensing of
7 controlled substances;
8 (v) had his license suspended or revoked by competent authority of another state for
9 violation of laws or regulations comparable to those of this state relating to the manufacture,
10 distribution, or dispensing of controlled substances;
11 (vi) violated any department rule that reflects adversely on the licensee's reliability and
12 integrity with respect to controlled substances;
13 (vii) refused inspection of records required to be maintained under this chapter by a person
14 authorized to inspect them; or
15 (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the purpose
16 of manipulating human hormonal structure so as to:
17 (A) increase muscle mass, strength, or weight without medical necessity and without a
18 written prescription by any practitioner in the course of his professional practice; or
19 (B) improve performance in any form of human exercise, sport, or game.
20 (b) The department may limit revocation or suspension of a license to a particular
21 controlled substance with respect to which grounds for revocation or suspension exist.
22 (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
23 this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
24 Occupational and Professional Licensing Act, and conducted in conjunction with the appropriate
25 representative committee designated by the director of the department.
26 (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and Professional
27 Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses, except where
28 the department is designated by law to perform those functions, or, when not designated by law,
29 is designated by the executive director of the Department of Commerce to conduct the
30 proceedings.
31 (d) (i) The department may suspend any license simultaneously with the institution of

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1 proceedings under this section if it finds there is an imminent danger to the public health or safety.
2 (ii) Suspension shall continue in effect until the conclusion of proceedings, including
3 judicial review, unless withdrawn by the department or dissolved by a court of competent
4 jurisdiction.
5 (e) (i) If a license is suspended or revoked under Subsection (4), all controlled substances
6 owned or possessed by the licensee may be placed under seal in the discretion of the department.
7 (ii) [No disposition] Disposition may not be made of substances under seal until the time
8 for taking an appeal has lapsed, or until all appeals have been concluded, unless a court, upon
9 application, orders the sale of perishable substances and the proceeds deposited with the court.
10 (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
11 (f) The department shall notify promptly the Bureau of Narcotics and Dangerous Drugs
12 of all orders suspending or revoking a license and all forfeitures of controlled substances.
13 (5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and inventories
14 in conformance with the record keeping and inventory requirements of federal and state law and
15 any additional rules issued by the department.
16 (b) (i) Every physician, dentist, veterinarian, practitioner, or other person who is
17 authorized to administer or professionally use a controlled substance shall keep a record of the
18 drugs received by him and a record of all drugs administered, dispensed, or professionally used
19 by him otherwise than by a prescription.
20 (ii) A person using small quantities or solutions or other preparations of those drugs for
21 local application has complied with Subsection (5)(b) if he keeps a record of the quantity,
22 character, and potency of those solutions or preparations purchased or prepared by him, and of the
23 dates when purchased or prepared.
24 (6) Controlled substances in Schedules I through V may be distributed only by a licensee
25 and pursuant to an order form prepared in compliance with department rules or a lawful order
26 under the rules and regulations of the United States.
27 (7) (a) [No] A person may not write or authorize a prescription for a controlled substance
28 unless he is:
29 (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
30 or under the laws of another state having similar standards; and
31 (ii) licensed under this chapter or under the laws of another state having similar standards.

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1 (b) [No] A person other than a pharmacist licensed under the laws of this state, or his
2 licensed intern, as required by Section 58-17a-302, may not dispense a controlled substance.
3 (c) (i) [No] A controlled substance may not be dispensed without the written prescription
4 of a practitioner, if the written prescription is required by the federal Controlled Substances Act.
5 (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
6 conformity with Subsection (7)(d).
7 (iii) In emergency situations, as defined by department rule, controlled substances may be
8 dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
9 designated by the department and filed by the pharmacy.
10 (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
11 Subsection (7)(d).
12 (d) Except for emergency situations designated by the department, [no] a person may not
13 issue, fill, compound, or dispense a prescription for a controlled substance unless the prescription
14 is signed in ink or indelible pencil by the prescriber and contains the following information:
15 (i) the name, address, and registry number of the prescriber;
16 (ii) the name, address, and age of the person to whom or for whom the prescription is
17 issued;
18 (iii) the date of issuance of the prescription; and
19 (iv) the name, quantity, and specific directions for use by the ultimate user of the
20 controlled substance.
21 (e) [No] A prescription may not be written, issued, filled, or dispensed for a Schedule I
22 controlled substance.
23 (f) Except when administered directly to an ultimate user by a licensed practitioner,
24 controlled substances are subject to the following restrictions:
25 (i) A prescription for a Schedule II substance may be refilled only upon the written
26 prescription of an authorized practitioner, and [no] a prescription for a Schedule II controlled
27 substance may not be filled in a quantity to exceed a one-month's supply, as directed on the daily
28 dosage rate of the prescriptions.
29 (ii) A Schedule III or IV controlled substance may not be refilled more than six months
30 after the date of its original issuance or be refilled more than five times after the date of the
31 prescription unless renewed by the practitioner.

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1 (iii) All other controlled substances in Schedule V may be refilled as the prescriber's
2 prescription directs, but they may not be refilled one year after the date the prescription was issued
3 unless renewed by the practitioner.
4 (iv) Any prescription for a Schedule II, III, and IV substance that is not presented to a
5 pharmacist for dispensing by a pharmacist, or, if an oral prescription, that is not obtained within
6 ten days of the date the prescription was written or authorized, may not be filled or dispensed.
7 (g) An order for a controlled substance in Schedules II through V for use by an inpatient
8 or an outpatient of a licensed hospital is exempt from all requirements of Subsection (7) if the
9 order is:
10 (i) issued or made by a prescribing practitioner who holds an unrestricted registration with
11 the federal Drug Enforcement Administration, and an active Utah controlled substance license in
12 good standing issued by the division under this section;
13 (ii) authorized by the prescribing practitioner treating the patient and the prescribing
14 practitioner designates the quantity ordered;
15 (iii) entered upon the record of the patient, the record is signed by the prescriber affirming
16 his authorization of the order within 48 hours after filling or administering the order, and the
17 patient's record reflects the quantity actually administered; and
18 (iv) filled and dispensed by a pharmacist practicing his profession within the physical
19 structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital
20 and the amount taken from the supply is administered directly to the patient authorized to receive
21 it.
22 (h) A practitioner licensed under this chapter may not prescribe, administer, or dispense
23 a controlled substance to a minor, without first obtaining the consent required in Section 78-14-5
24 of a parent, guardian, or person standing in loco parentis of the minor except in cases of an
25 emergency. For purposes of this subsection, "minor" has the same meaning as defined in Section
26 78-3a-103, and "emergency" means any physical condition requiring the administration of a
27 controlled substance for immediate relief of pain or suffering.
28 (i) A practitioner licensed under this chapter may not prescribe or administer dosages of
29 a controlled substance in excess of medically recognized quantities necessary to treat the ailment,
30 malady, or condition of the ultimate user.
31 (j) A practitioner licensed under this chapter may not prescribe, administer, or dispense

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1 any controlled substance to another person knowing that the other person is using a false name,
2 address, or other personal information for the purpose of securing the controlled substance.
3 (k) A person who is licensed under this chapter to manufacture, distribute, or dispense a
4 controlled substance may not manufacture, distribute, or dispense a controlled substance to another
5 licensee or any other authorized person not authorized by this license.
6 (l) A person licensed under this chapter may not omit, remove, alter, or obliterate a symbol
7 required by this chapter or by a rule issued under this chapter.
8 (m) A person licensed under this chapter may not refuse or fail to make, keep, or furnish
9 any record notification, order form, statement, invoice, or information required under this chapter.
10 (n) A person licensed under this chapter may not refuse entry into any premises for
11 inspection as authorized by this chapter.
12 (o) A person licensed under this chapter may not furnish false or fraudulent material
13 information in any application, report, or other document required to be kept by this chapter or
14 willfully make any false statement in any prescription, order, report, or record required by this
15 chapter.
16 (8) (a) Any person licensed under this chapter who is found by the department to have
17 violated any of the provisions of Subsections (7)(k) through (7)(o) is subject to a fine not to exceed
18 $5,000. The department shall determine the procedure for adjudication of any violations in
19 accordance with Sections 58-1-106 and 58-1-108.
20 (b) Any person who knowingly and intentionally violates Subsection (7)(h) through (7)(j)
21 is:
22 (i) upon first conviction, guilty of a class B misdemeanor;
23 (ii) upon second conviction, guilty of a class A misdemeanor;
24 (iii) on third or subsequent conviction, guilty of a third degree felony.
25 (c) Any person who knowingly and intentionally violates Subsection (7)(k) through (7)(o)
26 shall upon conviction be guilty of a third degree felony.
27 [(8) No] (9) Any information communicated to any licensed practitioner in an attempt to
28 unlawfully procure, or to procure the administration of, a controlled substance is not considered
29 to be a privileged communication.
30 Section 5. Section 58-37-8 is amended to read:
31 58-37-8. Prohibited acts -- Penalties.

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1 (1) Prohibited acts A -- Penalties:
2 (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
3 intentionally:
4 (i) produce, manufacture, or dispense, or to possess with intent to produce, manufacture,
5 or dispense, a controlled or counterfeit substance;
6 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange
7 to distribute a controlled or counterfeit substance;
8 [(iii) possess a controlled substance in the course of his business as a sales representative
9 of a manufacturer or distributor of substances listed in Schedules II through V except that he may
10 possess such controlled substances when they are prescribed to him by a licensed practitioner; or]
11 [(iv)] (iii) possess a controlled or counterfeit substance with intent to distribute[.]; or
12 (iv) engage in a continuing criminal enterprise where:
13 (A) the person participates, directs, or engages in conduct which results in any violation
14 of any provision of Title 58, Chapters 37, 37a, 37b, 37c, or 37d that is a felony; and
15 (B) the violation is a part of a continuing series of two or more violations of Title 58,
16 Chapters 37, 37a, 37b, 37c, or 37d on separate occasions that are undertaken in concert with five
17 or more persons with respect to whom the person occupies a position of organizer, supervisor, or
18 any other position of management.
19 (b) Any person convicted of violating Subsection (1)(a) with respect to:
20 (i) a substance classified in Schedule I or II or a controlled substance analog is guilty of
21 a second degree felony and upon a second or subsequent conviction [of Subsection (1)(a)] is guilty
22 of a first degree felony;
23 (ii) a substance classified in Schedule III or IV, or marijuana, is guilty of a third degree
24 felony, and upon a second or subsequent conviction [punishable under this subsection] is guilty
25 of a second degree felony; or
26 (iii) a substance classified in Schedule V is guilty of a class A misdemeanor and upon a
27 second or subsequent conviction [punishable under this subsection] is guilty of a third degree
28 felony.
29 (c) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree felony
30 punishable by imprisonment for an indeterminate term of not less than seven years and which may
31 be for life. Imposition or execution of the sentence may not be suspended, and the person is not

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1 eligible for probation.
2 (2) Prohibited acts B -- Penalties:
3 (a) It is unlawful:
4 (i) for any person knowingly and intentionally to possess or use a controlled substance,
5 unless it was obtained under a valid prescription or order, directly from a practitioner while acting
6 in the course of his professional practice, or as otherwise authorized by this subsection;
7 (ii) for any owner, tenant, licensee, or person in control of any building, room, tenement,
8 vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
9 by persons unlawfully possessing, using, or distributing controlled substances in any of those
10 locations;
11 [(iii) for any person knowingly and intentionally to be present where controlled substances
12 are being used or possessed in violation of this chapter and the use or possession is open, obvious,
13 apparent, and not concealed from those present; however, a person may not be convicted under this
14 subsection if the evidence shows that he did not use the substance himself or advise, encourage,
15 or assist anyone else to do so; any incidence of prior unlawful use of controlled substances by the
16 defendant may be admitted to rebut this defense;]
17 [(iv)] (iii) for any person knowingly and intentionally to possess an altered or forged
18 prescription or written order for a controlled substance[;].
19 [(v) for a practitioner licensed under this chapter knowingly and intentionally to prescribe,
20 administer, or dispense a controlled substance to a juvenile, without first obtaining the consent
21 required in Section 78-14-5 of a parent, guardian, or person standing in loco parentis of the
22 juvenile except in cases of an emergency; for purposes of this subsection, a juvenile means a
23 "minor" as defined in Section 78-3a-103, and "emergency" means any physical condition requiring
24 the administration of a controlled substance for immediate relief of pain or suffering;]
25 [(vi) for a practitioner licensed under this chapter knowingly and intentionally to prescribe
26 or administer dosages of a controlled substance in excess of medically recognized quantities
27 necessary to treat the ailment, malady, or condition of the ultimate user; or]
28 [(vii) for any person to prescribe, administer, or dispense any controlled substance to
29 another person knowing that the other person is using a false name, address, or other personal
30 information for the purpose of securing the same.]
31 (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:

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1 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
2 (ii) a substance classified in Schedule I or II, [or] marijuana, if the amount is more than
3 16 ounces, but less than 100 pounds, or a controlled substance analog, is guilty of a third degree
4 felony; or
5 (iii) marijuana, if the marijuana is not in the form of an extracted resin from any part of
6 the plant, and the amount is more than one ounce but less than 16 ounces, is guilty of a class A
7 misdemeanor.
8 (c) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
9 boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or any
10 public jail or other place of confinement shall be sentenced to a penalty one degree greater than
11 provided in Subsection (2)(b).
12 (d) Upon a second or subsequent conviction of possession of any controlled substance by
13 a person [previously convicted under Subsection (2)(b)], that person shall be sentenced to a one
14 degree greater penalty than provided in this subsection.
15 (e) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
16 substances not included in Subsection (2)(b)(i), (ii), or (iii), including less than one ounce of
17 marijuana, is guilty of a class B misdemeanor. Upon a second conviction [for possession of a
18 controlled substance as provided in this subsection,] the person is guilty of a class A misdemeanor,
19 and upon a third or subsequent conviction [he] the person is guilty of a third degree felony.
20 (f) Any person convicted of violating [Subsections] Subsection (2)(a)(ii) [through] or
21 (2)(a)[(vii)](iii) is:
22 (i) on a first conviction, guilty of a class B misdemeanor;
23 (ii) on a second conviction, guilty of a class A misdemeanor; and
24 (iii) on a third or subsequent conviction, guilty of a third degree felony.
25 [(3) Prohibited acts C -- Penalties:]
26 [(a) It is unlawful for any person:]
27 [(i) who is subject to this chapter to distribute or dispense a controlled substance in
28 violation of this chapter;]
29 [(ii) who is a licensee to manufacture, distribute, or dispense a controlled substance to
30 another licensee or other authorized person not authorized by his license;]
31 [(iii) to omit, remove, alter, or obliterate a symbol required by this chapter or by a rule

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1 issued under this chapter;]
2 [(iv) to refuse or fail to make, keep, or furnish any record, notification, order form,
3 statement, invoice, or information required under this chapter; or]
4 [(v) to refuse entry into any premises for inspection as authorized by this chapter.]
5 [(b) Any person convicted of violating Subsection (3)(a) shall be punished by a civil
6 penalty of not more than $5,000. The proceedings are independent of, and not in lieu of, criminal
7 proceedings under this chapter or any other law of this state. If the violation is prosecuted by
8 information or indictment which alleges the violation was committed knowingly or intentionally,
9 that person is upon conviction guilty of a third degree felony.]
10 [(4)] (3) Prohibited acts [D] C -- Penalties:
11 (a) It is unlawful for any person knowingly and intentionally:
12 (i) to use in the course of the manufacture or distribution of a controlled substance a
13 license number which is fictitious, revoked, suspended, or issued to another person or, for the
14 purpose of obtaining a controlled substance, to assume the title of, or represent himself to be, a
15 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person;
16 (ii) to acquire or obtain possession of, to procure or attempt to procure the administration
17 of, to obtain a prescription for, to prescribe or dispense to any person known to be attempting to
18 acquire or obtain possession of, or to procure the administration of any controlled substance by
19 misrepresentation or failure by the person to disclose his receiving any controlled substance from
20 another source, fraud, forgery, deception, subterfuge, alteration of a prescription or written order
21 for a controlled substance, or the use of a false name or address;
22 (iii) to make any false or forged prescription or written order for a controlled substance,
23 or to utter the same, or to alter any prescription or written order issued or written under the terms
24 of this chapter; or
25 [(iv) to furnish false or fraudulent material information in any application, report, or other
26 document required to be kept by this chapter or to willfully make any false statement in any
27 prescription, order, report, or record required by this chapter; or]
28 [(v)] (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing
29 designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark,
30 imprint, or device of another or any likeness of any of the foregoing upon any drug or container
31 or labeling so as to render any drug a counterfeit controlled substance.

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1 (b) Any person convicted of violating Subsection [(4)](3)(a) is guilty of a third degree
2 felony.
3 [(5)] (4) Prohibited acts [E] D -- Penalties:
4 (a) Notwithstanding other provisions of this section, a person not authorized under this
5 chapter who commits any act declared to be unlawful under this section, Title 58, Chapter 37a,
6 Utah Drug Paraphernalia Act, or under Title 58, Chapter 37b, Imitation Controlled Substances Act,
7 is upon conviction subject to the penalties and classifications under Subsection [(5)](4)(b) if the
8 act is committed:
9 (i) in a public or private elementary or secondary school or on the grounds of any of those
10 schools;
11 (ii) in a public or private vocational school or post-secondary institution or on the grounds
12 of any of those schools or institutions;
13 (iii) in those portions of any building, park, stadium, or other structure or grounds which
14 are, at the time of the act, being used for an activity sponsored by or through a school or institution
15 under Subsections [(5)](4)(a)(i) and (ii);
16 (iv) in or on the grounds of a preschool or child-care facility;
17 (v) in a public park, amusement park, arcade, or recreation center;
18 (vi) in a church or synagogue;
19 (vii) in a shopping mall, sports facility, stadium, arena, theater, movie house, playhouse,
20 or parking lot or structure adjacent thereto;
21 (viii) in a public parking lot or structure;
22 (ix) within 1,000 feet of any structure, facility, or grounds included in Subsections
23 [(5)](4)(a)(i) through (viii); or
24 (x) with a person younger than 18 years of age, regardless of where the act occurs.
25 (b) A person convicted under this subsection is guilty of a first degree felony and shall be
26 imprisoned for a term of not less than five years if the penalty that would otherwise have been
27 established but for this subsection would have been a first degree felony. Imposition or execution
28 of the sentence may not be suspended, and the person is not eligible for [parole until the minimum
29 term of imprisonment under this subsection has been served] probation.
30 (c) If the classification that would otherwise have been established would have been less
31 than a first degree felony but for this subsection, a person convicted under this subsection is guilty

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1 of one degree more than the maximum penalty prescribed for that offense.
2 (d) It is not a defense to a prosecution under this subsection that the actor mistakenly
3 believed the individual to be 18 years of age or older at the time of the offense or was unaware of
4 the individual's true age; nor that the actor mistakenly believed that the location where the act
5 occurred was not as described in Subsection [(5)](4)(a) or was unaware that the location where the
6 act occurred was as described in Subsection [(5)](4)(a).
7 [(6)] (5) Any violation of this chapter for which no penalty is specified is a class B
8 misdemeanor.
9 [(7)] (6) Any person who attempts or conspires to commit any offense unlawful under this
10 chapter is upon conviction guilty of one degree less than the maximum penalty prescribed for that
11 offense.
12 [(8)] (7) (a) Any penalty imposed for violation of this section is in addition to, and not in
13 lieu of, any civil or administrative penalty or sanction authorized by law.
14 (b) Where violation of this chapter violates a federal law or the law of another state,
15 conviction or acquittal under federal law or the law of another state for the same act is a bar to
16 prosecution in this state.
17 [(9) (a) When it appears to the court at the time of sentencing any person convicted under
18 this chapter that the person has previously been convicted of an offense under the laws of this state,
19 the United States, or another state, which if committed in this state would be an offense within this
20 chapter and it appears that probation would not be of benefit to the defendant or that probation
21 would be contrary to the interest, welfare, or protection of society, the court, notwithstanding
22 Section 77-18-1, may if there is compliance with Subsection (9)(b), impose a minimum term to
23 be served by the defendant, of up to 1/2 the maximum sentence imposed by law for the offense
24 committed. For violations of this section, this subsection supersedes Section 77-18-4.]
25 [(b) (i) Before any person may be sentenced to a minimum term as provided in Subsection
26 (9)(a), the prosecuting attorney, or grand jury if an indictment, shall cause to be subscribed upon
27 the complaint, in misdemeanor cases, or the information or indictment, in addition to the
28 substantive offense charged, a statement setting forth the alleged past conviction of the defendant
29 and specifically stating the date and place of conviction and the offense of which the defendant
30 was convicted. The allegation shall be presented to the defendant at the time of his arraignment,
31 or afterwards by leave of court, but in no event later than two days prior to the trial of the offense

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1 charged or the defendant's entering a plea of guilty. At the time of arraignment or a later date
2 when granted by the court, the court shall read the allegation of the previous conviction to the
3 defendant, provide him or his counsel with a copy of it, and explain to the defendant the
4 consequences of the allegation under Subsection (9)(a). The allegation of the past conviction of
5 the defendant is not admissible in a jury trial, except where the admissibility in evidence of a
6 previous conviction is otherwise recognized as admissible by law.]
7 [(ii) The court, following conviction of the defendant of the substantive offense charged
8 and prior to imposing sentence, shall inform the defendant of its decision to impose a minimum
9 sentence under Subsection (9)(a) and inquire as to whether the defendant admits or denies the
10 previous conviction. If the defendant denies the previous conviction, the court shall afford him
11 an opportunity to present evidence showing that the allegation of the past conviction is erroneous
12 or the conviction was lawfully vacated or the defendant was pardoned. The evidence shall be
13 made a matter of record. Following the evidence, the court shall make a finding as to whether the
14 defendant has a previous conviction, which finding is final, except for a showing of abuse of
15 discretion. Following the findings by the court, the defendant shall be sentenced under Subsection
16 (9)(a) or under the appropriate penalty provided by law, as the court in its discretion determines.]
17 [(c) Any person sentenced on a second offense to probation who violates that probation
18 is subject to Subsections (9)(a) and (9)(b).]
19 [(d) For violations of this section, Subsection (9) supersedes Section 76-3-203.5.]
20 [(10)] (8) In any prosecution for a violation of this chapter, evidence or proof which shows
21 a person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
22 substance or substances, is prima facie evidence that the person or persons did so with knowledge
23 of the character of the substance or substances.
24 [(11)] (9) This section does not prohibit a veterinarian, in good faith and in the course of
25 his professional practice only and not for humans, from prescribing, dispensing, or administering
26 controlled substances or from causing the substances to be administered by an assistant or orderly
27 under his direction and supervision.
28 [(12)] (10) Civil or criminal liability may not be imposed under this section on:
29 (a) any person registered under the Controlled Substances Act who manufactures,
30 distributes, or possesses an imitation controlled substance for use as a placebo or investigational
31 new drug by a registered practitioner in the ordinary course of professional practice or research;

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1 or
2 (b) any law enforcement officer acting in the course and legitimate scope of his
3 employment.
4 [(13)] (11) If any provision of this chapter, or the application of any provision to any
5 person or circumstances, is held invalid, the remainder of this chapter shall be given effect without
6 the invalid provision or application.
7 Section 6. Section 58-37-8.5 is enacted to read:
8 58-37-8.5. Applicability of Title 76 prosecutions under this chapter.
9 Unless specifically excluded in or inconsistent with the provisions of this chapter, the
10 provisions of Title 76, Chapters 1, 2, 3, and 4, are fully applicable to prosecutions under this
11 chapter.
12 Section 7. Section 58-37-12 is amended to read:
13 58-37-12. Enforcement -- Coordination and cooperation of federal and state agencies
14 -- Powers.
15 The department and all law enforcement agencies charged with enforcing this act shall
16 cooperate with federal and other state agencies in discharging their responsibilities concerning
17 traffic in controlled substances and in suppressing the abuse of controlled substances. To this end,
18 they are authorized to:
19 (1) Arrange for the exchange of information between governmental officials concerning
20 the use and abuse of dangerous substances.
21 (2) Coordinate and cooperate in training programs in controlled substance law enforcement
22 at the local and state levels.
23 (3) Cooperate with the [Federal Bureau of Narcotics and Dangerous Drugs] United Sates
24 Department of Justice and the Utah [Bureau of Investigation] Department of Pubic Safety by
25 establishing a centralized unit which will receive, catalog, file, and collect statistics, including
26 records of drug-dependent persons and other controlled substance law offenders within the state,
27 and make the information available for federal, state, and local law enforcement purposes.
28 (4) Conduct programs of eradication aimed at destroying the wild or illicit growth of plant
29 species from which controlled substances may be extracted.
30 Section 8. Section 58-37b-2 is amended to read:
31 58-37b-2. Definitions.

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1 As used in this chapter:
2 (1) "Controlled substance" [means a substance as defined in Subsection] has the same
3 meaning as provided in Section 58-37-2 [(4) of the Utah Controlled Substances Act].
4 (2) "Distribute" means the actual, constructive, or attempted sale, transfer, delivery, or
5 dispensing to another of an imitation controlled substance.
6 (3) "Imitation controlled substance" means a substance that is not a controlled substance
7 or counterfeit controlled substance, and which by overall dosage unit substantially resembles a
8 specific controlled substance in appearance, including its color, shape, or size.
9 (4) "Manufacture" means the production, preparation, compounding, processing,
10 encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an imitation
11 controlled substance.
12 Section 9. Section 58-37d-3 is amended to read:
13 58-37d-3. Definitions.
14 (1) As used in this chapter:
15 [(1)] (a) "Booby trap" means any concealed or camouflaged device designed to cause
16 bodily injury when triggered by any action of a person making contact with the device. This term
17 includes guns, ammunition, or explosive devices attached to trip wires or other triggering
18 mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached,
19 and devices for the production of toxic fumes or gases.
20 [(2)] (b) "Clandestine laboratory operation" means the:
21 [(a)] (i) purchase or procurement of chemicals, supplies, equipment, or laboratory location
22 for the illegal manufacture of the above specified controlled substances specified in this act;
23 [(b)] (ii) transportation or arranging for the transportation of chemicals, supplies, or
24 equipment for the illegal manufacture of specified controlled substances specified in this act;
25 [(c)] (iii) setting up of equipment or supplies in preparation for the illegal manufacture of
26 the above specified controlled substances specified in this act;
27 [(d)] (iv) illegal manufacture of the above specified controlled substances specified in this
28 act; or
29 [(e)] (v) distribution or disposal of chemicals, equipment, supplies, or products used in or
30 produced by the illegal manufacture of specified controlled substances specified in this act.
31 [(3)] (c) "Controlled substance precursor" means those chemicals designated in Title 58,

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1 Chapter 37c, Controlled Substances Precursor Act, except those substances designated in
2 Subsections 58-37c-3(2)(gg) and (2)(hh).
3 [(4)] (d) "Disposal" means the abandonment, discharge, deposit, injection, dumping,
4 spilling, leaking, or placing of any hazardous or dangerous material into or on any property, land
5 or water so that the material may enter the environment, be emitted into the air, or discharged into
6 any waters, including groundwater.
7 [(5)] (e) "Hazardous or dangerous material" means any substance which because of its
8 quantity, concentration, physical characteristics, or chemical characteristics may cause or
9 significantly contribute to an increase in mortality, an increase in serious illness, or may pose a
10 substantial present or potential future hazard to human health or the environment when improperly
11 treated, stored, transported, disposed of, or otherwise improperly managed.
12 [(6)] (f) "Illegal manufacture of specified controlled substances" means in violation of
13 Title 58, Chapter 37, Utah Controlled Substances Act, the:
14 [(a)] (i) compounding, synthesis, concentration, purification, separation, extraction, or
15 other physical or chemical processing for the purpose of producing methamphetamine, other
16 amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act,
17 phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances
18 Act, lysergic acid diethylamide, mescaline;
19 [(b)] (ii) conversion of cocaine or methamphetamine to their base forms; or
20 [(c)] (iii) extraction, concentration, or synthesis of marijuana as that drug is defined in
21 [Subsection] Section 58-37-2[(19) of the Utah Controlled Substances Act].
22 (2) Unless otherwise specified, the definitions in Section 58-37-2 also apply to this
23 chapter.
24 Section 10. Section 58-37d-4 is amended to read:
25 58-37d-4. Prohibited acts -- Second degree felony.
26 (1) It is unlawful for any person to knowingly or intentionally:
27 (a) possess a controlled substance precursor with the intent to engage in a clandestine
28 laboratory operation;
29 (b) possess laboratory equipment or supplies with the intent to engage in a clandestine
30 laboratory operation;
31 (c) sell, distribute, or otherwise supply a precursor chemical, laboratory equipment, or

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1 laboratory supplies knowing or having reasonable cause to believe it will be used for a clandestine
2 laboratory operation;
3 (d) evade recordkeeping provisions of Title 58, Chapter 37c, Controlled Substances
4 Precursor Act, or the regulations issued under that act, knowing or having reasonable cause to
5 believe that the material distributed or received will be used for a clandestine laboratory operation;
6 [or]
7 (e) conspire with or aid another to engage in a clandestine laboratory operation[.];
8 (f) produce or manufacture, or possess with intent to produce or manufacture a controlled
9 or counterfeit substance except as authorized under Title 58, Chapter 37, Utah Controlled
10 Substances Act; or
11 (g) transport or convey a controlled or counterfeit substance with the intent to distribute
12 or to be distributed by the person transporting or conveying the controlled or counterfeit substance
13 or by any other person regardless of whether the final destination for the distribution is within this
14 state or any other location.
15 (2) A person who violates any provision of Subsection (1) is guilty of a second degree
16 felony.
17 Section 11. Section 58-37d-5 is amended to read:
18 58-37d-5. Prohibited acts -- First degree felony.
19 (1) A person who violates Subsection 58-37d-4(1)(a), (b), [or] (e), or (f) is guilty of a first
20 degree felony if the trier of fact also finds any one of the following conditions occurred in
21 conjunction with that violation:
22 (a) possession of a firearm;
23 (b) use of a booby trap;
24 (c) illegal possession, transportation, or disposal of hazardous or dangerous material or
25 while transporting or causing to be transported materials in furtherance of a clandestine laboratory
26 operation, there was created a substantial risk to human health or safety or a danger to the
27 environment;
28 (d) intended laboratory operation was to take place or did take place within 500 feet of a
29 residence, place of business, church, or school;
30 (e) any phase of the clandestine laboratory operation or production or manufacture of a
31 controlled or counterfeit substance involved a person less than 18 years of age;

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1 (f) clandestine laboratory operation actually produced any amount of a specified controlled
2 substance; or
3 (g) intended clandestine laboratory operation was for the production of cocaine base or
4 methamphetamine base.
5 (2) If the trier of fact finds that two or more of the conditions listed in Subsections (1)(a)
6 through (g) of this section occurred in conjunction with the violation, at sentencing for the first
7 degree felony:
8 (a) probation shall not be granted;
9 (b) the execution or imposition of sentence shall not be suspended; and
10 (c) the court shall not enter a judgment for a lower category of offense.
11 Section 12. Section 58-37d-8 is enacted to read:
12 58-37d-8. Applicability of Title 76 prosecutions under this chapter.
13 Unless specifically excluded in or inconsistent with the provisions of this chapter, the
14 provisions of Title 76, Chapters 1, 2, 3, and 4, are fully applicable to prosecutions under this
15 chapter.




Legislative Review Note
as of 11-22-96 10:44 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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