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First Substitute H.B. 21
5 AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE
6 CONTROLLED SUBSTANCES PROVISIONS TO CLARIFY PROVISIONS REGARDING
7 IMMEDIATE PRECURSORS; PROVIDE FOR INCLUSION OF A DEFINITION OF
8 CONTINUING CRIMINAL ENTERPRISE; ALLOWING FOR IDENTIFICATION AND
9 PROSECUTION OF A DRUG RING LEADER; DEFINING DRUG ANALOGS;
10 REALIGNING PROVISIONS DEALING WITH PHARMACISTS AND OTHERS WHO ARE
11 LICENSED TO MANUFACTURE, DISTRIBUTE, AND CONDUCT RESEARCH WITH
12 CONTROLLED SUBSTANCES; DEFINING CONSTRUCTIVE POSSESSION; AND
13 PROVIDING PENALTIES.
14 This act affects sections of Utah Code Annotated 1953 as follows:
16 53A-13-102, as last amended by Chapter 30, Laws of Utah 1992
17 58-37-2, as last amended by Chapters 170 and 294, Laws of Utah 1996
18 58-37-3, as last amended by Chapter 12, Laws of Utah 1979
19 58-37-4, as last amended by Chapter 8, Laws of Utah 1994
20 58-37-6, as last amended by Chapters 170 and 247, Laws of Utah 1996
21 58-37-8, as last amended by Chapter 1, Laws of Utah 1996
22 58-37-12, as enacted by Chapter 145, Laws of Utah 1971
23 58-37b-2, as last amended by Chapter 190, Laws of Utah 1987
24 58-37d-3, as last amended by Chapter 4, Laws of Utah 1993
25 58-37d-4, as enacted by Chapter 156, Laws of Utah 1992
26 58-37d-5, as enacted by Chapter 156, Laws of Utah 1992
1 58-37-8.5, Utah Code Annotated 1953
2 58-37d-8, Utah Code Annotated 1953
3 Be it enacted by the Legislature of the state of Utah:
4 Section 1. Section 53A-13-102 is amended to read:
5 53A-13-102. Instruction on the harmful effects of alcohol, tobacco, and controlled
6 substances -- Rulemaking authority -- Assistance from the Division of Substance Abuse.
7 (1) [
9 Education shall adopt rules providing for instruction at each grade level on the harmful effects of
10 alcohol, tobacco, and controlled substances upon the human body and society. The rules shall
11 require but are not limited to instruction on the following:
12 (a) teaching of skills needed to evaluate advertisements for, and media portrayal of,
13 alcohol, tobacco, and controlled substances;
14 (b) directing students towards [
15 alcohol, tobacco, and controlled substances; and
16 (c) discouraging the use of alcohol, tobacco, and controlled substances.
17 (2) At the request of the board, the Division of [
18 cooperate with the board in developing programs to provide this instruction.
19 (3) The board shall participate in efforts to enhance communication among community
20 organizations and state agencies, and shall cooperate with those entities in efforts which are
21 compatible with the purposes of this section.
22 Section 2. Section 58-37-2 is amended to read:
23 58-37-2. Definitions.
24 (1) As used in this chapter:
26 injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
31 a manufacturer, distributor, or practitioner but does not include a motor carrier, public
1 warehouseman, or employee of any of them.
2 (c) "Continuing criminal enterprise" means any individual, sole proprietorship,
3 partnership, corporation, business trust, association, or other legal entity, and any union or groups
4 of individuals associated in fact although not a legal entity, and includes illicit as well as licit
5 entities created or maintained for the purpose of engaging in conduct which constitutes the
6 commission of episodes of activity made unlawful by Title 58, Chapters 37, 37a, 37b, 37c, or 37d,
7 which episodes are not isolated, but have the same or similar purposes, results, participants,
8 victims, methods of commission, or otherwise are interrelated by distinguishing characteristics.
9 Taken together, the episodes shall demonstrate continuing unlawful conduct and be related either
10 to each other or to the enterprise.
12 or immediate precursor under Section 58-37-3.
14 included in Schedules I, II, III, IV, or V of Section 58-37-4, and also includes a drug[
16 Controlled Substances Act, Title II, P.L. 91-513, [
20 (ii) "Controlled substance" does not include:
21 (A) distilled spirits, wine, or malt beverages, as those terms are defined or used in Title
22 32A, regarding tobacco or food[
23 (B) any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
24 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
25 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred,
26 or furnished as an over-the-counter medication without prescription; or
27 (C) dietary supplements, vitamins, minerals, herbs, or other similar substances including
28 concentrates or extracts, which are not otherwise regulated by law, which may contain naturally
29 occurring amounts of chemical or substances listed in this chapter, or in rules adopted pursuant to
30 Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
31 (f) (i) "Controlled substance analog" means a substance the chemical structure of which
1 is substantially similar to the chemical structure of a controlled substance listed in Schedules I and
2 II of Section 58-37-4, or in Schedules I and II of the federal Controlled Substances Act, Title II,
3 P.L. 91-513:
4 (A) which has a stimulant, depressant, or hallucinogenic effect on the central nervous
5 system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
6 nervous system of controlled substances in the schedules set forth in this subsection; or
7 (B) which, with respect to a particular individual, is represented or intended to have a
8 stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar
9 to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled
10 substances in the schedules set forth in this subsection.
11 (ii) Controlled substance analog does not include:
12 (A) a controlled substance currently scheduled in Schedules I through V of Section
14 (B) a substance for which there is an approved new drug application;
15 (C) a substance with respect to which an exemption is in effect for investigational use by
16 a particular person under Section 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 366, to the
17 extent the conduct with respect to the substance is permitted by the exemption; or
18 (D) any substance to the extent not intended for human consumption before an exemption
19 takes effect with respect to the substance.
20 (E) Any drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or
21 prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine,
22 norpseudoephedrine, or phenylpropanolamine if the drug is lawfully purchased, sold, transferred,
23 or furnished as an over-the-counter medication without prescription.
24 (F) Dietary supplements, vitamins, minerals, herbs, or other similar substances including
25 concentrates or extracts, which are not otherwise regulated by law, which may contain naturally
26 occurring amounts of chemical or substances listed in this chapter, or in rules adopted pursuant to
27 Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
28 (g) "Conviction" means a determination of guilt by verdict, whether jury or bench, or plea,
29 whether guilty or no contest, for any offense proscribed by Title 58, Chapters 37, 37a, 37b, 37c,
30 or 37d, or for any offense under the laws of the United States and any other state which, if
31 committed in this state, would be an offense under Title 58, Chapters 37, 37a, 37b, 37c, or 37d.
3 bears the trademark, trade name, or other identifying mark, imprint, number, device, or any
4 likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who
5 in fact manufactured, distributed, or dispensed the substance which falsely purports to be a
6 controlled substance distributed by, any other manufacturer, distributor, or dispenser; or
9 controlled substance or a listed chemical, whether or not an agency relationship exists.
15 Secretary of Agriculture as habit-forming under Section 502 (d) of the federal Food, Drug, and
16 Cosmetic Act, 21 U.S.C. 352 (d);
21 Attorney General of the United States after investigation has found and by regulation designated
22 habit-forming because of its stimulant effect on the central nervous system; or
25 Health and Human Services or the Attorney General of the United States after investigation has
26 found to have, and by regulation designated as having, a potential for abuse because of its
27 depressant or stimulant effect on the central nervous system or its hallucinogenic effect.
29 ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing
30 to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or
31 compounding necessary to prepare the substance for delivery.
3 controlled substance or a listed chemical.
7 Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any
8 supplement to any of them;
10 prevention of disease in man or other animals;
12 other animals; and
17 uses any controlled substance to endanger the public morals, health, safety, or welfare, or who is
18 so dependent upon the use of controlled substances as to have lost the power of self-control with
19 reference to his dependency.
22 specified in this chapter, and normally ingested by human beings; and
24 pathological, or other condition including but not limited to the conditions of disease,
25 convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and
26 overweight; uses for supplying a particular dietary need which exist by reason of age including but
27 not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying
28 the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food.
29 Any particular use of a food is a special dietary use regardless of the nutritional purposes.
31 United States has found to be, and by regulation designated as being, the principal compound used
1 or produced primarily for use in the manufacture of a controlled substance, or which is an
2 immediate chemical intermediary used or likely to be used in the manufacture of a controlled
3 substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the
4 controlled substance.
6 or processing of a controlled substance, either directly or indirectly by extraction from substances
7 of natural origin, or independently by means of chemical synthesis or by a combination of
8 extraction and chemical synthesis.
10 container of any controlled substance, except pharmacists who dispense or compound prescription
11 orders for delivery to the ultimate consumer.
13 whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every
14 compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
15 The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake
16 made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
17 preparation of the mature stalks, except the resin extracted from them, fiber, oil or cake, or the
18 sterilized seed of the plant which is incapable of germination. Any synthetic equivalents of the
19 substances contained in the plant cannabis sativa or any other species of the genus cannabis which
20 are chemically indistinguishable and pharmacologically active are also included.
22 foreign country.
24 indirectly by extraction from substances of vegetable origin, or independently by means of
25 chemical synthesis, or by a combination of extraction and chemical synthesis:
28 or opiates;
31 the substance, which is chemically identical with any of the substances referred to in Subsection
2 extracts of coca leaves which do not contain cocaine or ecgonine.
4 to pay a sum of money, which are legally transferable to another party by endorsement or delivery.
6 addiction-sustaining liability similar to morphine or being capable of conversion into a drug
7 having addiction-forming or addiction-sustaining liability.
9 the seeds of the plant.
11 or entity or one or more individuals.
15 occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing,
16 injection, or consumption, as distinguished from distribution, of controlled substances and includes
17 individual, joint, or group possession or use of controlled substances. For a person to be a
18 possessor or user of a controlled substance, it is not required that he be shown to have individually
19 possessed, used, or controlled the substance, but it is sufficient if it is shown that [
20 jointly participated with one or more persons in the use, possession, or control of any substances
21 with knowledge that the activity was occurring, or the controlled substance is found in a place or
22 under circumstances indicating that the person had the ability and the intent to exercise dominion
23 and control over it.
25 investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to
26 distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical
27 analysis a controlled substance in the course of professional practice or research in this state.
30 of that practitioner's professional practice, for a controlled substance, other drug, or device which
31 it dispenses or administers for use by a patient or an animal. The order may be issued by word of
1 mouth, written document, telephone, facsimile transmission, computer, or other electronic means
2 of communication as defined by rule.
4 harvesting of a controlled substance.
9 substance for his own use, for the use of a member of his household, or for administration to an
10 animal owned by him or a member of his household.
11 (2) If a term used in this chapter is not defined, the definition and terms of Title 76, Utah
12 Criminal Code, shall apply.
13 Section 3. Section 58-37-3 is amended to read:
14 58-37-3. Substances which are controlled.
15 (1) All [
16 (2) All [
17 P.L. 91-513[
23 Section 4. Section 58-37-4 is amended to read:
24 58-37-4. Schedules of controlled substances -- Schedules I through V -- Findings
25 required -- Specific substances included in schedules.
26 (1) There are established five schedules of controlled substances known as Schedules I,
27 II, III, IV, and V which shall consist of substances listed in this section.
28 (2) Schedules I, II, III, IV, and V consist of the following drugs or other substances by the
29 official name, common or usual name, chemical name, or brand name designated:
30 (a) Schedule I:
31 (i) Unless specifically excepted or unless listed in another schedule, any of the following
1 opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when
2 the existence of the isomers, esters, ethers, and salts is possible within the specific chemical
4 (A) Acetyl-alphamethylfentanyl;
5 (B) Acetylmethadol;
6 (C) Allylprodine;
7 (D) Alphacetylmethadol (except levo-alphacetylmethadol also known as
8 alpha-acetylmethadol, levomethadyl acetate, or LAAM);
9 (E) Alphameprodine;
10 (F) Alphamethadol;
11 (G) Alpha-methiofentanyl;
12 (H) Alpha-methylfentanyl;
13 (I) Benzethidine;
14 (J) Beta-hydroxy-3-methylfentanyl;
15 (K) Beta-hydroxyfentanyl;
16 (L) Betacetylmethadol;
17 (M) Betameprodine;
18 (N) Betamethadol;
19 (O) Betaprodine;
20 (P) Cathinone;
21 (Q) Clonitazene;
22 (R) Dextromoramide;
23 (S) Diampromide;
24 (T) Diethylthiambutene;
25 (U) Difenoxin;
26 (V) Dimenoxadol;
27 (W) Dimepheptanol;
28 (X) Dimethylthiambutene;
29 (Y) Dioxaphetyl butyrate;
30 (Z) Dipipanone;
31 (AA) Ethylmethylthiambutene;
1 (BB) Etonitazene;
2 (CC) Etoxeridine;
3 (DD) Furethidine;
4 (EE) Hydroxypethidine;
5 (FF) Ketobemidone;
6 (GG) Levomoramide;
7 (HH) Levophenacylmorphan;
8 (II) Methcathinone;
9 (JJ) Morpheridine;
10 (KK) Mppp (l-methyl-4-phenyl-4-propionoxpipiridine);
11 (LL) Noracymethadol;
12 (MM) Norlevorphanol;
13 (NN) Normethadone;
14 (OO) Norpipanone;
15 (PP) Para-fluorofentanyl;
16 (QQ) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
17 (RR) Phenadoxone;
18 (SS) Phenampromide;
19 (TT) Phenomorphan;
20 (UU) Phenoperidine;
21 (VV) Piritramide;
22 (WW) Proheptazine;
23 (XX) Properidine;
24 (YY) Propiram;
25 (ZZ) Racemoramide;
26 (AAA) Thiofentanyl;
27 (BBB) Tilidine;
28 (CCC) Trimeperidine;
29 (DDD) 3-menthylthiofentanyl; and
30 (EEE) 3-methylfentanyl.
31 (ii) Unless specifically excepted or unless listed in another schedule, any of the following
1 opium derivatives, their salts, isomers, and salts of isomers when the existence of the salts,
2 isomers, and salts of isomers is possible within the specific chemical designation:
3 (A) Acetorphine;
4 (B) Acetyldihydrocodeine;
5 (C) Benzylmorphine;
6 (D) Codeine methylbromide;
7 (E) Codeine-N-Oxide;
8 (F) Cyprenorphine;
9 (G) Desomorphine;
10 (H) Dihydromorphine;
11 (I) Drotebanol;
12 (J) Etorphine (except hydrochloride salt);
13 (K) Heroin;
14 (L) Hydromorphinol;
15 (M) Methyldesorphine;
16 (N) Methylhydromorphine;
17 (O) Morphine methylbromide;
18 (P) Morphine methylsulfonate;
19 (Q) Morphine-N-Oxide;
20 (R) Myrophine;
21 (S) Nicocodeine;
22 (T) Nicomorphine;
23 (U) Normorphine;
24 (V) Pholcodine; and
25 (W) Thebacon.
26 (iii) Unless specifically excepted or unless listed in another schedule, any material,
27 compound, mixture, or preparation which contains any quantity of the following hallucinogenic
28 substances, or which contains any of their salts, isomers, and salts of isomers when the existence
29 of the salts, isomers, and salts of isomers is possible within the specific chemical designation; as
30 used in this Subsection (iii) only, "isomer" includes the optical, position, and geometric isomers:
31 (A) 4-bromo-2,5-dimethoxy-amphetamine;
1 (B) 2,5-dimethoxyamphetamine;
2 (C) 3,4-methylenedioxy amphetamine;
3 (D) 3,4-methylenedioxy methamphetamine (MDMA);
4 (E) 5-methoxy-3,4-methylenedioxy amphetamine;
5 (F) 4-methoxyamphetamine;
6 (G) 3,4,5-trimethoxy amphetamine;
7 (H) Bufotenine;
8 (I) Diethyltryptamine;
9 (J) Dimethyltryptamine;
10 (K) 4-methyl-2,5-dimethoxy-amphetamine;
11 (L) Ibogaine;
12 (M) Lysergic acid diethylamide;
13 (N) Marijuana;
14 (O) Mescaline;
15 (P) Parahexyl;
16 (Q) Peyote;
17 (R) N-ethyl-3-piperidyl benzilate;
18 (S) N-methyl-3-piperidyl benzilate;
19 (T) Psilocybin;
20 (U) Psilocyn;
21 (V) Tetrahydrocannabinols;
22 (W) Ethylamine analog of phencyclidine;
23 (X) Pyrrolidine analog of phencyclidine;
24 (Y) 1-1-(2-Thieny) Cyclohexyl Pyrrolidine; and
25 (Z) Thiophene analog of phencyclidine.
26 (iv) Unless specifically excepted or unless listed in another schedule, any material
27 compound, mixture, or preparation which contains any quantity of the following substances having
28 a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers
29 when the existence of the salts, isomers, and salts of isomers is possible within the specific
30 chemical designation:
31 (A) Mecloqualone; and
1 (B) Methaqualone.
2 (v) Any material, compound, mixture, or preparation containing any quantity of the
3 following substances having a stimulant effect on the central nervous system, including their salts,
4 isomers, and salts of isomers:
5 (A) Fenethylline;
6 (B) 4-Methylaminorex; and
7 (C) N-ethylamphetamine.
8 (b) Schedule II:
9 (i) Unless specifically excepted or unless listed in another schedule, any of the following
10 substances whether produced directly or indirectly by extraction from substances of vegetable
11 origin, or independently by means of chemical synthesis, or by a combination of extraction and
12 chemical synthesis:
13 (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
14 opiate, excluding apomorphine, dextrorphan, nalbuphine, naloxone, and naltrexone, and their
15 respective salts, but including:
16 (I) Raw opium;
17 (II) Opium extracts;
18 (III) Opium fluid extracts;
19 (IV) Powdered opium;
20 (V) Granulated opium;
21 (VI) Tincture of opium;
22 (VII) Codeine;
23 (VIII) Ethylmorphine;
24 (IX) Etorphine hydrochloride;
25 (X) Hydrocodone;
26 (XI) Hydromorphone;
27 (XII) Metopon;
28 (XIII) Morphine;
29 (XIV) Oxycodone;
30 (XV) Oxymorphone; and
31 (XVI) Thebaine;
1 (B) Any salt, compound, derivative, or preparation which is chemically equivalent or
2 identical with any of the substances referred to in Subsection (2)(b)(i)(A), except that these
3 substances may not include the isoquinoline alkaloids of opium;
4 (C) Opium poppy and poppy straw;
5 (D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any
6 salt, compound, derivative, or preparation which is chemically equivalent or identical with any of
7 these substances, and includes cocaine, its isomers and salts of isomers, whether derived from the
8 coca plant or synthetically produced, except the substances may not include decocainized coca
9 leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; and
10 (E) Concentrate of poppy straw, which means the crude extract of poppy straw in either
11 liquid, solid, or powder form which contains the phenanthrine alkaloids of the opium poppy.
12 (ii) Unless specifically excepted or unless listed in another schedule, any of the following
13 opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when
14 the existence of the isomers, esters, ethers, and salts is possible within the specific chemical
15 designation, except dextrorphan:
16 (A) Alphaprodine;
17 (B) Alfentanil;
18 (C) Anileridine;
19 (D) Bezitramide;
20 (E) Bulk dextropropoxyphene (nondosage forms);
21 (F) Carfentanil;
22 (G) Dihydrocodeine;
23 (H) Diphenoxylate;
24 (I) Fentanyl;
25 (J) Isomethadone;
26 (K) Levomethorphan;
27 (L) Levo-alphacetylmethadol (some other names: alpha-acetylmethadol, levomethadyl
28 acetate, or LAAM);
29 (M) Levorphanol;
30 (N) Metazocine;
31 (O) Methadone;
1 (P) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
2 (Q) Methyl-Fentanyl;
3 (R) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
5 (S) Pethidine (meperidine);
6 (T) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
7 (U) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
8 (V) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
9 (W) Phenazocine;
10 (X) Piminodine;
11 (Y) Racemethorphan;
12 (Z) Racemorphan; and
13 (AA) Sufentanil.
14 (iii) Unless specifically excepted or unless listed in another schedule, any material,
15 compound, mixture, or preparation which contains any quantity of the following substances having
16 a stimulant effect on the central nervous system:
17 (A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
18 (B) Methamphetamine, its salts, isomers, and salts of its isomers;
19 (C) Phenmetrazine and its salts; and
20 (D) Methylphenidate.
21 (iv) Unless specifically excepted or unless listed in another schedule, any material,
22 compound, mixture, or preparation which contains any quantity of the following substances having
23 a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers
24 when the existence of the salts, isomers, and salts of isomers is possible within the specific
25 chemical designation:
26 (A) Amobarbital;
27 (B) N,N,Dimethylamphetamine;
28 (C) Glutethimide;
29 (D) Pentobarbital;
30 (E) Phencyclidine;
31 (F) Phencyclidine immediate precursors: 1-phenyl-cyclohexylamine and
1 1-piperidinocyclohexanecarbonitrile (PCC); and
2 (G) Secobarbital.
3 (v) Unless specifically excepted or unless listed in another schedule, any material,
4 compound, mixture, or preparation which contains any quantity of [
6 Some of these substances may be known by trade or other names: phenyl-2-propanone,
7 P2P; benzyl methyl ketone, methyl benzyl ketone.
8 (vi) (A) Dranabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in
9 a Fulnal Food and Drug Administration approved drug product; and
10 (B) Nabinol.
11 (c) Schedule III:
12 (i) Unless specifically excepted or unless listed in another schedule, any material,
13 compound, mixture, or preparation which contains any quantity of the following substances having
14 a stimulant effect on the central nervous system, including its salts, isomers whether optical,
15 position, or geometric, and salts of the isomers when the existence of the salts, isomers, and salts
16 of isomers is possible within the specific chemical designation:
17 (A) Those compounds, mixtures, or preparations in dosage unit form containing any
18 stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were listed
19 on August 25, 1971, as excepted compounds under Section 308.32 of Title 21 of the Code of
20 Federal Regulations, and any other drug of the quantitive composition shown in that list for those
21 drugs or which is the same except that it contains a lesser quantity of controlled substances;
22 (B) Benzphetamine;
23 (C) Chlorphentermine;
24 (D) Clortermine;
25 (E) Mazindol; and
26 (F) Phendimetrazine.
27 (ii) Unless specifically excepted or unless listed in another schedule, any material,
28 compound, mixture, or preparation which contains any quantity of the following substances having
29 a depressant effect on the central nervous system:
30 (A) Any compound, mixture, or preparation containing amobarbital, secobarbital,
31 pentobarbital, or any salt of any of them, and one or more other active medicinal ingredients which
1 are not listed in any schedule;
2 (B) Any suppository dosage form containing amobarbital, secobarbital, or pentobarbital,
3 or any salt of any of these drugs which is approved by the Food and Drug Administration for
4 marketing only as a suppository;
5 (C) Any substance which contains any quantity of a derivative of barbituric acid or any
6 salt of any of them;
7 (D) Chorhexadol;
8 (E) Lysergic acid;
9 (F) Lysergic acid amide;
10 (G) Methyprylon;
11 (H) Sulfondiethylmethane;
12 (I) Sulfonethylmethane;
13 (J) Sulfonmethane; and
14 (K) Tiletamine and zolazepam or any of their salts.
15 (iii) Nalorphine.
16 (iv) Unless specifically excepted or unless listed in another schedule, any material,
17 compound, mixture, or preparation containing limited quantities of any of the following narcotic
18 drugs, or any salts of any of them:
19 (A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
20 per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
21 (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
22 per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic
24 (C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
25 than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid
26 of opium;
27 (D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more
28 than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
29 recognized therapeutic amounts;
30 (E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
31 milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
1 therapeutic amounts;
2 (F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than
3 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
4 therapeutic amounts;
5 (G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not
6 more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
7 recognized therapeutic amounts;
8 (H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with
9 one or more active, non-narcotic ingredients in recognized therapeutic amounts.
10 (v) Unless specifically excepted or unless listed in another schedule, anabolic steroids
11 including any of the following or any isomer, ester, salt, or derivative of the following that acts
12 in the same manner on the human body:
13 (A) Clostebol;
14 (B) Chorionic gonadotropin;
15 (C) Dehydroclormethyltestosterone;
16 (D) Ethylestrenol;
17 (E) Fluxymesterone;
18 (F) Mesterolone;
19 (G) Methandrenone;
20 (H) Methandrostenolone;
21 (I) Methenolone;
22 (J) Methyltestosterone, except when combined with esterified estrogens;
23 (K) Nandrolone decanoate;
24 (L) Nandrolone phenpropionate;
25 (M) Norethandrolone;
26 (N) Oxandrolone;
27 (O) Oxymesterone;
28 (P) Oxymetholone;
29 (Q) Stanozolol; and
30 (R) Testosterone propionate.
31 Anabolic steroids expressly intended for administration through implants to cattle or other
1 nonhuman species, and approved by the Food and Drug Administration for use, may not be
2 classified as a controlled substance.
3 (d) Schedule IV:
4 (i) Unless specifically excepted or unless listed in another schedule, any material,
5 compound, mixture, or preparation containing not more than 1 milligram of difenoxin and not less
6 than 25 micrograms of atropine sulfate per dosage unit, or any salts of any of them;
7 (ii) Unless specifically excepted or unless listed in another schedule, any material,
8 compound, mixture, or preparation which contains any quantity of the following substances,
9 including its salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts
10 of isomers is possible within the specific chemical designation:
11 (A) Alprazolam;
12 (B) Barbital;
13 (C) Bromazepam;
14 (D) Camazepam;
15 (E) Chloral betaine;
16 (F) Chloral hydrate;
17 (G) Chlordiazepoxide;
18 (H) Clobazam;
19 (I) Clonazepam;
20 (J) Clorazepate;
21 (K) Clotiazepam;
22 (L) Cloxazolam;
23 (M) Delorazepam;
24 (N) Diazepam;
25 (O) Estazolam;
26 (P) Ethchlorvynol;
27 (Q) Ethinamate;
28 (R) Ethyl loflazepate;
29 (S) Fludiazepam;
30 (T) Flunitrazepam;
31 (U) Flurazepam;
1 (V) Halazepam;
2 (W) Haloxazolam;
3 (X) Ketazolam;
4 (Y) Loprazolam;
5 (Z) Lorazepam;
6 (AA) Mebutamate;
7 (BB) Medazepam;
8 (CC) Medazolam;
9 (DD) Methohexital;
10 (EE) Meprobamate;
11 (FF) Methylphenobarbital (mephobarbital);
12 (GG) Nemetazepam;
13 (HH) Nitrazepam;
14 (II) Nordiazepam;
15 (JJ) Oxazepam;
16 (KK) Oxazolam;
17 (LL) Paraldehyde;
18 (MM) Penazepam;
19 (NN) Pentazocine;
20 (OO) Petrichloral;
21 (PP) Phenobarbital;
22 (QQ) Prazepam;
23 (RR) Quazepam;
24 (SS) Tempazepam;
25 (TT) Tetrazepam; and
26 (UU) Treazolam.
27 (iii) Any material, compound, mixture, or preparation of fenfluramine which contains any
28 quantity of the following substances, including its salts, isomers whether optical, position, or
29 geometric, and salts of the isomers when the existence of the salts, isomers, and salts of isomers
30 is possible.
31 (iv) Unless specifically excepted or unless listed in another schedule, any material,
1 compound, mixture, or preparation which contains any quantity of the following substances having
2 a stimulant effect on the central nervous system, including its salts, isomers whether optical,
3 position, or geometric isomers, and salts of the isomers when the existence of the salts, isomers,
4 and salts of isomers is possible within the specific chemical designation:
5 (A) Cathine;
6 (B) Diethylpropion;
7 (C) Fencamfamine;
8 (D) Fenproprex;
9 (E) Mazidole;
10 (F) Mefenorex;
11 (G) Phentermine;
12 (H) Pemoline, including organometallic complexes and chelates thereof;
13 (I) Pipradrol; and
14 (J) SPA ((-)-1-climethylamino-1,2 diphenylethane).
15 (v) Unless specifically excepted or unless listed in another schedule, any material,
16 compound, mixture, or preparation which contains any quantity of dextropropoxyphene
17 (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
18 (e) Schedule V: Any compound, mixture, or preparation containing any of the following
19 limited quantities of narcotic drugs, or salts of any of them, which includes one or more
20 non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound,
21 mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic
22 drug alone:
23 (i) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
24 (ii) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
25 (iii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
26 (iv) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
27 atropine sulfate per dosage unit;
28 (v) not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
29 (vi) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine
30 sulfate per dosage unit; and
31 (vii) unless specifically exempted or excluded or unless listed in another schedule, any
1 material, compound, mixture, or preparation which contains Pyrovalerone having a stimulant effect
2 on the central nervous system, including its salts, isomers, and salts of isomers.
3 Section 5. Section 58-37-6 is amended to read:
4 58-37-6. License to manufacture, produce, distribute, dispense, administer, or
5 conduct research -- Issuance by department -- Denial, suspension, or revocation -- Records
6 required -- Prescriptions.
7 (1) (a) The department may adopt rules relating to the licensing and control of the
8 manufacture, distribution, production, prescription, administration, dispensing, conducting of
9 research with, and performing of laboratory analysis upon controlled substances within this state.
10 (b) The department may assess reasonable fees to defray the cost of issuing original and
11 renewal licenses under this chapter pursuant to Section 63-38-3.2.
12 (c) The director of the department may delegate to any division or agency within the
13 department, authority to perform the responsibilities and functions prescribed to the department
14 under this chapter if the delegated authority is consistent with the function of the division or
15 agency provided by law.
16 (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
17 administers, conducts research with, or performs laboratory analysis upon any controlled substance
18 in Schedules II through V within this state, or who proposes to engage in manufacturing,
19 producing, distributing, prescribing, dispensing, administering, conducting research with, or
20 performing laboratory analysis upon controlled substances included in Schedules II through V
21 within this state shall obtain a license issued by the department.
22 (ii) The division shall issue each license under this chapter in accordance with a two-year
23 renewal cycle established by rule. The division may by rule extend or shorten a renewal period
24 by as much as one year to stagger the renewal cycles it administers.
25 (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense, administer,
26 conduct research with, or perform laboratory analysis upon controlled substances in Schedules II
28 dispense, administer, conduct research with, or perform laboratory analysis upon those substances
29 to the extent authorized by their license and in conformity with this chapter.
30 (c) The following persons are not required to obtain a license and may lawfully possess
31 controlled substances under this section:
1 (i) an agent or employee, except a sales representative, of any registered manufacturer,
2 distributor, or dispenser of any controlled substance, if the agent or employee is acting in the usual
3 course of his business or employment; however, nothing in this subsection shall be interpreted to
4 permit an agent, employee, sales representative, or detail man to maintain an inventory of
5 controlled substances separate from the location of his employer's registered and licensed place
6 of business;
7 (ii) a motor carrier or warehouseman, or an employee of a motor carrier or warehouseman,
8 who possesses any controlled substance in the usual course of his business or employment; and
9 (iii) an ultimate user, or any person who possesses any controlled substance pursuant to
10 a lawful order of a practitioner.
11 (d) The department may enact rules waiving the license requirement for certain
12 manufacturers, producers, distributors, prescribers, dispensers, administrators, research
13 practitioners, or laboratories performing analysis if consistent with the public health and safety.
14 (e) A separate license is required at each principal place of business or professional
15 practice where the applicant manufactures, produces, distributes, prescribes, dispenses,
16 administers, conducts research with, or performs laboratory analysis upon controlled substances.
17 (f) The department may enact rules providing for the inspection of a licensee or applicant's
18 establishment, and may inspect the establishment according to those rules.
19 (3) (a) Upon proper application, the department shall license a qualified applicant to
20 manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
21 controlled substances included in Schedules I through V, unless it determines that issuance of a
22 license is inconsistent with the public interest. The department shall not issue a license to any
23 person to prescribe, dispense, or administer a Schedule I controlled substance. In determining
24 public interest, the department shall consider whether or not the applicant has:
25 (i) maintained effective controls against diversion of controlled substances and any
26 Schedule I or II substance compounded from any controlled substance into other than legitimate
27 medical, scientific, or industrial channels;
28 (ii) complied with applicable state and local law;
29 (iii) been convicted under federal or state laws relating to the manufacture, distribution,
30 or dispensing of substances;
31 (iv) past experience in the manufacture of controlled dangerous substances;
1 (v) established effective controls against diversion; and
2 (vi) complied with any other factors that the department establishes that promote the
3 public health and safety.
4 (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
5 produce, distribute, conduct research with, or perform laboratory analysis upon controlled
6 substances in Schedule I other than those specified in the license.
7 (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
8 substances in Schedules II through V if they are authorized to administer, dispense, or conduct
9 research under the laws of this state.
10 (ii) The department need not require a separate license for practitioners engaging in
11 research with nonnarcotic controlled substances in Schedules II through V where the licensee is
12 already licensed under this act in another capacity.
13 (iii) With respect to research involving narcotic substances in Schedules II through V, or
14 where the department by rule requires a separate license for research of nonnarcotic substances in
15 Schedules II through V, a practitioner shall apply to the department prior to conducting research.
16 (iv) Licensing for purposes of bona fide research with controlled substances by a
17 practitioner considered qualified may be denied only on a ground specified in Subsection (4), or
18 upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard adequately
19 his supply of substances against diversion from medical or scientific use.
20 (v) Practitioners registered under federal law to conduct research in Schedule I substances
21 may conduct research in Schedule I substances within this state upon furnishing the department
22 evidence of federal registration.
23 (d) Compliance by manufacturers, producers, and distributors with the provisions of
24 federal law respecting registration, excluding fees, entitles them to be licensed under this chapter.
25 (e) The department shall initially license those persons who own or operate an
26 establishment engaged in the manufacture, production, distribution, dispensation, or administration
27 of controlled substances prior to April 3, 1980, and who are licensed by the state.
28 (4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed on
29 probation, or revoked by the department upon finding that the applicant or licensee has:
30 (i) materially falsified any application filed or required pursuant to this chapter;
31 (ii) been convicted of an offense under this chapter or any law of the United States, or any
1 state, relating to any substance defined as a controlled substance;
2 (iii) been convicted of a felony under any other law of the United States or any state within
3 five years of the date of the issuance of the license;
4 (iv) had a federal license denied, suspended, or revoked by competent federal authority
5 and is no longer authorized to engage in the manufacturing, distribution, or dispensing of
6 controlled substances;
7 (v) had his license suspended or revoked by competent authority of another state for
8 violation of laws or regulations comparable to those of this state relating to the manufacture,
9 distribution, or dispensing of controlled substances;
10 (vi) violated any department rule that reflects adversely on the licensee's reliability and
11 integrity with respect to controlled substances;
12 (vii) refused inspection of records required to be maintained under this chapter by a person
13 authorized to inspect them; or
14 (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the purpose
15 of manipulating human hormonal structure so as to:
16 (A) increase muscle mass, strength, or weight without medical necessity and without a
17 written prescription by any practitioner in the course of his professional practice; or
18 (B) improve performance in any form of human exercise, sport, or game.
19 (b) The department may limit revocation or suspension of a license to a particular
20 controlled substance with respect to which grounds for revocation or suspension exist.
21 (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
22 this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
23 Occupational and Professional Licensing Act, and conducted in conjunction with the appropriate
24 representative committee designated by the director of the department.
25 (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and Professional
26 Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses, except where
27 the department is designated by law to perform those functions, or, when not designated by law,
28 is designated by the executive director of the Department of Commerce to conduct the
30 (d) (i) The department may suspend any license simultaneously with the institution of
31 proceedings under this section if it finds there is an imminent danger to the public health or safety.
1 (ii) Suspension shall continue in effect until the conclusion of proceedings, including
2 judicial review, unless withdrawn by the department or dissolved by a court of competent
4 (e) (i) If a license is suspended or revoked under Subsection (4), all controlled substances
5 owned or possessed by the licensee may be placed under seal in the discretion of the department.
6 (ii) [
7 for taking an appeal has lapsed, or until all appeals have been concluded, unless a court, upon
8 application, orders the sale of perishable substances and the proceeds deposited with the court.
9 (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
10 (f) The department shall notify promptly the Bureau of Narcotics and Dangerous Drugs
11 of all orders suspending or revoking a license and all forfeitures of controlled substances.
12 (5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and inventories
13 in conformance with the record keeping and inventory requirements of federal and state law and
14 any additional rules issued by the department.
15 (b) (i) Every physician, dentist, veterinarian, practitioner, or other person who is
16 authorized to administer or professionally use a controlled substance shall keep a record of the
17 drugs received by him and a record of all drugs administered, dispensed, or professionally used
18 by him otherwise than by a prescription.
19 (ii) A person using small quantities or solutions or other preparations of those drugs for
20 local application has complied with Subsection (5)(b) if he keeps a record of the quantity,
21 character, and potency of those solutions or preparations purchased or prepared by him, and of the
22 dates when purchased or prepared.
23 (6) Controlled substances in Schedules I through V may be distributed only by a licensee
24 and pursuant to an order form prepared in compliance with department rules or a lawful order
25 under the rules and regulations of the United States.
26 (7) (a) [
27 unless he is:
28 (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
29 or under the laws of another state having similar standards; and
30 (ii) licensed under this chapter or under the laws of another state having similar standards.
31 (b) [
1 licensed intern, as required by Section 58-17a-302, may not dispense a controlled substance.
2 (c) (i) [
3 of a practitioner, if the written prescription is required by the federal Controlled Substances Act.
4 (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
5 conformity with Subsection (7)(d).
6 (iii) In emergency situations, as defined by department rule, controlled substances may be
7 dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
8 designated by the department and filed by the pharmacy.
9 (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
10 Subsection (7)(d).
11 (d) Except for emergency situations designated by the department, [
12 issue, fill, compound, or dispense a prescription for a controlled substance unless the prescription
13 is signed in ink or indelible pencil by the prescriber and contains the following information:
14 (i) the name, address, and registry number of the prescriber;
15 (ii) the name, address, and age of the person to whom or for whom the prescription is
17 (iii) the date of issuance of the prescription; and
18 (iv) the name, quantity, and specific directions for use by the ultimate user of the
19 controlled substance.
20 (e) [
21 controlled substance.
22 (f) Except when administered directly to an ultimate user by a licensed practitioner,
23 controlled substances are subject to the following restrictions:
24 (i) A prescription for a Schedule II substance may be refilled only upon the written
25 prescription of an authorized practitioner, and [
26 substance may not be filled in a quantity to exceed a one-month's supply, as directed on the daily
27 dosage rate of the prescriptions.
28 (ii) A Schedule III or IV controlled substance may not be refilled more than six months
29 after the date of its original issuance or be refilled more than five times after the date of the
30 prescription unless renewed by the practitioner.
31 (iii) All other controlled substances in Schedule V may be refilled as the prescriber's
1 prescription directs, but they may not be refilled one year after the date the prescription was issued
2 unless renewed by the practitioner.
3 (iv) Any prescription for a Schedule II, III, and IV substance that is not presented to a
4 pharmacist for dispensing by a pharmacist, or, if an oral prescription, that is not obtained within
5 ten days of the date the prescription was written or authorized, may not be filled or dispensed.
6 (g) An order for a controlled substance in Schedules II through V for use by an inpatient
7 or an outpatient of a licensed hospital is exempt from all requirements of Subsection (7) if the
8 order is:
9 (i) issued or made by a prescribing practitioner who holds an unrestricted registration with
10 the federal Drug Enforcement Administration, and an active Utah controlled substance license in
11 good standing issued by the division under this section, or a medical resident who is exempted
12 from licensure under Subsection 58-1-307(1)(c);
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
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
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
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)
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.
28 unlawfully procure, or to procure the administration of, a controlled substance is not considered
29 to be a privileged communication.
30 Section 6. Section 58-37-8 is amended to read:
31 58-37-8. Prohibited acts -- Penalties.
1 (1) Prohibited acts A -- Penalties:
2 (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
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;
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 [
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 [
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 [
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
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
18 prescription or written order for a controlled substance[
31 (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
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, [
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
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 [
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 [
19 and upon a third or subsequent conviction [
20 (f) Any person convicted of violating [
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.
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
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.
1 (b) Any person convicted of violating Subsection [
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 [
8 act is committed:
9 (i) in a public or private elementary or secondary school or on the grounds of any of those
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 [
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
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 [
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
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 [
6 act occurred was as described in Subsection [
10 chapter is upon conviction guilty of one degree less than the maximum penalty prescribed for that
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.
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.
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.
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;
2 (b) any law enforcement officer acting in the course and legitimate scope of his
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 7. 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
12 Section 8. 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 [
24 Department of Justice and the Utah [
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 9. Section 58-37b-2 is amended to read:
31 58-37b-2. Definitions.
1 As used in this chapter:
2 (1) "Controlled substance" [
3 meaning as provided in Section 58-37-2 [
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 10. Section 58-37d-3 is amended to read:
13 58-37d-3. Definitions.
14 (1) As used in this chapter:
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.
22 for the illegal manufacture of the above specified controlled substances specified in this act;
24 equipment for the illegal manufacture of specified controlled substances specified in this act;
26 the above specified controlled substances specified in this act;
28 act; or
30 produced by the illegal manufacture of specified controlled substances specified in this act.
1 Chapter 37c, Controlled Substances Precursor Act, except those substances designated in
2 Subsections 58-37c-3(2)(gg) and (2)(hh).
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.
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.
13 Title 58, Chapter 37, Utah Controlled Substances Act, the:
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;
22 (2) Unless otherwise specified, the definitions in Section 58-37-2 also apply to this
24 Section 11. 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
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;
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
17 Section 12. 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), [
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
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;
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 13. 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
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