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H.B. 77 Enrolled
AN ACT RELATING TO CRIMINAL LAW AND CONTROLLED SUBSTANCES;
AMENDING THE SCHEDULE OF CONTROLLED SUBSTANCES TO INCLUDE GHB;
SCHEDULING KETAMINE; AND INCLUDING ANALOGS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-37-4, as last amended by Chapter 283, Laws of Utah 1998
58-37c-3, as last amended by Chapter 100, Laws of Utah 1998
58-37c-8, as last amended by Chapter 100, Laws of Utah 1998
ENACTS:
58-37-5.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-37-4 is amended to read:
58-37-4. Schedules of controlled substances -- Schedules I through V -- Findings
required -- Specific substances included in schedules.
(1) There are established five schedules of controlled substances known as Schedules I, II,
III, IV, and V which shall consist of substances listed in this section.
(2) Schedules I, II, III, IV, and V consist of the following drugs or other substances by the
official name, common or usual name, chemical name, or brand name designated:
(a) Schedule I:
(i) Unless specifically excepted or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when
the existence of the isomers, esters, ethers, and salts is possible within the specific chemical
designation:
(A) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(B) Acetylmethadol;
(C) Allylprodine;
(D) Alphacetylmethadol, except levo-alphacetylmethadol also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(E) Alphameprodine;
(F) Alphamethadol;
(G) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N- propanilido) piperidine);
(H) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);
(I) Benzethidine;
(J) Betacetylmethadol;
(K) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
piperidinyl]-N-phenylpropanamide);
(L) Beta-hydroxy-3-methylfentanyl, other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(M) Betameprodine;
(N) Betamethadol;
(O) Betaprodine;
(P) Clonitazene;
(Q) Dextromoramide;
(R) Diampromide;
(S) Diethylthiambutene;
(T) Difenoxin;
(U) Dimenoxadol;
(V) Dimepheptanol;
(W) Dimethylthiambutene;
(X) Dioxaphetyl butyrate;
(Y) Dipipanone;
(Z) Ethylmethylthiambutene;
(AA) Etonitazene;
(BB) Etoxeridine;
(CC) Furethidine;
(DD) Hydroxypethidine;
(EE) Ketobemidone;
(FF) Levomoramide;
(GG) Levophenacylmorphan;
(HH) Morpheridine;
(II) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(JJ) Noracymethadol;
(KK) Norlevorphanol;
(LL) Normethadone;
(MM) Norpipanone;
(NN) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]
propanamide;
(OO) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(PP) Phenadoxone;
(QQ) Phenampromide;
(RR) Phenomorphan;
(SS) Phenoperidine;
(TT) Piritramide;
(UU) Proheptazine;
(VV) Properidine;
(WW) Propiram;
(XX) Racemoramide;
(YY) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
(ZZ) Tilidine;
(AAA) Trimeperidine;
(BBB) 3-methylfentanyl, including the optical and geometric isomers
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide); and
(CCC) 3-methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide).
(ii) Unless specifically excepted or unless listed in another schedule, any of the following
opium derivatives, their salts, isomers, and salts of isomers when the existence of the salts, isomers,
and salts of isomers is possible within the specific chemical designation:
(A) Acetorphine;
(B) Acetyldihydrocodeine;
(C) Benzylmorphine;
(D) Codeine methylbromide;
(E) Codeine-N-Oxide;
(F) Cyprenorphine;
(G) Desomorphine;
(H) Dihydromorphine;
(I) Drotebanol;
(J) Etorphine (except hydrochloride salt);
(K) Heroin;
(L) Hydromorphinol;
(M) Methyldesorphine;
(N) Methylhydromorphine;
(O) Morphine methylbromide;
(P) Morphine methylsulfonate;
(Q) Morphine-N-Oxide;
(R) Myrophine;
(S) Nicocodeine;
(T) Nicomorphine;
(U) Normorphine;
(V) Pholcodine; and
(W) Thebacon.
(iii) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following hallucinogenic substances, or
which contains any of their salts, isomers, and salts of isomers when the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical designation; as used in this
Subsection (2)(iii) only, "isomer" includes the optical, position, and geometric isomers:
(A) Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
.-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; .-ET; and AET;
(B) 4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:
4-bromo-2,5-dimethoxy-.-methylphenethylamine; 4-bromo-2,5-DMA;
(C) 4-bromo-2,5-dimethoxypenethylamine, some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus;
(D) 2,5-dimethoxyamphetamine, some trade or other names:
2,5-dimethoxy-.-methylphenethylamine; 2,5-DMA;
(E) 2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
(F) 4-methoxyamphetamine, some trade or other names: 4-methoxy-.-methylphenethylamine;
paramethoxyamphetamine, PMA;
(G) 5-methoxy-3,4-methylenedioxyamphetamine;
(H) 4-methyl-2,5-dimethoxy-amphetamine, some trade and other names:
4-methyl-2,5-dimethoxy-.-methylphenethylamine; "DOM"; and "STP";
(I) 3,4-methylenedioxy amphetamine;
(J) 3,4-methylenedioxymethamphetamine (MDMA);
(K) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;
(L) N-hydroxy-3,4-methylenedioxyamphetamine, also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;
(M) 3,4,5-trimethoxy amphetamine;
(N) Bufotenine, some trade and other names: 3-(. -Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine;
mappine;
(O) Diethyltryptamine, some trade and other names: N,N-Diethyltryptamine; DET;
(P) Dimethyltryptamine, some trade or other names: DMT;
(Q) Ibogaine, some trade and other names:
7-Ethyl-6,6.,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepino
[5,4-b] indole; Tabernanthe iboga;
(R) Lysergic acid diethylamide;
(S) Marijuana;
(T) Mescaline;
(U) Parahexyl, some trade or other names:
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl;
(V) Peyote, meaning all parts of the plant presently classified botanically as Lophophora
williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such
plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its
seeds or extracts (Interprets 21 USC 812(c), Schedule I(c) (12));
(W) N-ethyl-3-piperidyl benzilate;
(X) N-methyl-3-piperidyl benzilate;
(Y) Psilocybin;
(Z) Psilocyn;
(AA) Tetrahydrocannabinols, synthetic equivalents of the substances contained in the plant,
or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their
isomers with similar chemical structure and pharmacological activity such as the following: .1 cis or
trans tetrahydrocannabinol, and their optical isomers .6 cis or trans tetrahydrocannabinol, and their
optical isomers .3,4 cis or trans tetrahydrocannabinol, and its optical isomers, and since
nomenclature of these substances is not internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions covered;
(BB) Ethylamine analog of phencyclidine, some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
(CC) Pyrrolidine analog of phencyclidine, some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(DD) Thiophene analog of phencyclidine, some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP; and
(EE) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
(iv) Unless specifically excepted or unless listed in another schedule, any material compound,
mixture, or preparation which contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts, isomers, and salts of isomers when the
existence of the salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(A) Mecloqualone; and
(B) Methaqualone.
(v) Any material, compound, mixture, or preparation containing any quantity of the following
substances having a stimulant effect on the central nervous system, including their salts, isomers, and
salts of isomers:
(A) Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine;
(B) Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
(C) Fenethylline;
(D) Methcathinone, some other names: 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL-463 and UR1432, its salts, optical isomers, and salts of
optical isomers;
(E) (.)cis-4-methylaminorex ((.)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(F) N-ethylamphetamine; and
(G) N,N-dimethylamphetamine, also known as N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine.
(vi) Any material, compound, mixture, or preparation which contains any quantity of the
following substances, including their optical isomers, salts, and salts of isomers, subject to temporary
emergency scheduling:
(A) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
(B) N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
(vii) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of gamma hydroxy butyrate (gamma
hydrobutyric acid), including its salts, isomers, and salts of isomers.
(b) Schedule II:
(i) Unless specifically excepted or unless listed in another schedule, any of the following
substances whether produced directly or indirectly by extraction from substances of vegetable origin,
or independently by means of chemical synthesis, or by a combination of extraction and chemical
synthesis:
(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate,
excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their
respective salts, but including:
(I) Raw opium;
(II) Opium extracts;
(III) Opium fluid;
(IV) Powdered opium;
(V) Granulated opium;
(VI) Tincture of opium;
(VII) Codeine;
(VIII) Ethylmorphine;
(IX) Etorphine hydrochloride;
(X) Hydrocodone;
(XI) Hydromorphone;
(XII) Metopon;
(XIII) Morphine;
(XIV) Oxycodone;
(XV) Oxymorphone; and
(XVI) Thebaine;
(B) Any salt, compound, derivative, or preparation which is chemically equivalent or identical
with any of the substances referred to in Subsection (2)(b)(i)(A), except that these substances may
not include the isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any
salt, compound, derivative, or preparation which is chemically equivalent or identical with any of
these substances, and includes cocaine and ecgonine, their salts, isomers, derivatives, and salts of
isomers and derivatives, whether derived from the coca plant or synthetically produced, except the
substances may not include decocainized coca leaves or extraction of coca leaves, which extractions
do not contain cocaine or ecgonine; and
(E) Concentrate of poppy straw, which means the crude extract of poppy straw in either
liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.
(ii) Unless specifically excepted or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when the
existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation,
except dextrorphan and levopropoxyphene:
(A) Alfentanil;
(B) Alphaprodine;
(C) Anileridine;
(D) Bezitramide;
(E) Bulk dextropropoxyphene (nondosage forms);
(F) Carfentanil;
(G) Dihydrocodeine;
(H) Diphenoxylate;
(I) Fentanyl;
(J) Isomethadone;
(K) Levo-alphacetylmethadol, some other names: levo-alpha-acetylmethadol, levomethadyl
acetate, or LAAM;
(L) Levomethorphan;
(M) Levorphanol;
(N) Metazocine;
(O) Methadone;
(P) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(Q) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;
(R) Pethidine (meperidine);
(S) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(T) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(U) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(V) Phenazocine;
(W) Piminodine;
(X) Racemethorphan;
(Y) Racemorphan;
(Z) Remifentanil; and
(AA) Sufentanil.
(iii) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following substances having a stimulant
effect on the central nervous system:
(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B) Methamphetamine, its salts, isomers, and salts of its isomers;
(C) Phenmetrazine and its salts; and
(D) Methylphenidate.
(iv) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts, isomers, and salts of isomers when the
existence of the salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(A) Amobarbital;
(B) Glutethimide;
(C) Pentobarbital;
(D) Phencyclidine;
(E) Phencyclidine immediate precursors: 1-phenylcyclohexylamine and
1-piperidinocyclohexanecarbonitrile (PCC); and
(F) Secobarbital.
(v) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of Phenylacetone.
Some of these substances may be known by trade or other names: phenyl-2-propanone, P2P;
benzyl methyl ketone, methyl benzyl ketone.
(vi) (A) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a
U.S. Food and Drug Administration approved drug product, some other names for dronabinol:
(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
(-)-delta-9-(trans)-tetrahydrocannabinol; and
(B) Nabilone, another name for nabilone:
(.)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,
6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
(c) Schedule III:
(i) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers whether optical, position, or
geometric, and salts of the isomers when the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(A) Those compounds, mixtures, or preparations in dosage unit form containing any
stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were listed
on August 25, 1971, as excepted compounds under Section 1308.32 of Title 21 of the Code of
Federal Regulations, and any other drug of the quantitive composition shown in that list for those
drugs or which is the same except that it contains a lesser quantity of controlled substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D) Clortermine; and
(E) Phendimetrazine.
(ii) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following substances having a depressant
effect on the central nervous system:
(A) Any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salt of any of them, and one or more other active medicinal ingredients which
are not listed in any schedule;
(B) Any suppository dosage form containing amobarbital, secobarbital, or pentobarbital, or
any salt of any of these drugs which is approved by the Food and Drug Administration for marketing
only as a suppository;
(C) Any substance which contains any quantity of a derivative of barbituric acid or any salt
of any of them;
(D) Chlorhexadol;
(E) Ketamine;
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tiletamine-zolazepam combination product: Telazol, some trade or other names for tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone, some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one,
flupyrazapon.
(iii) Nalorphine.
(iv) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their
salts calculated as the free anhydrous base or alkaloid:
(A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with one or more active non-narcotic ingredients in recognized therapeutic amounts;
(C) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than
15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of
opium;
(D) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than
15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts;
(E) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active non-narcotic ingredients in recognized
therapeutic amounts;
(F) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts;
(G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more
than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts;
(H) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one
or more active, non-narcotic ingredients in recognized therapeutic amounts.
(v) Unless specifically excepted or unless listed in another schedule, anabolic steroids
including any of the following or any isomer, ester, salt, or derivative of the following that promotes
muscle growth:
(A) Boldenone;
(B) Chlorotestosterone (4-chlortestosterone);
(C) Clostebol;
(D) Dehydrochlormethyltestosterone;
(E) Dihydrotestosterone (4-dihydrotestosterone);
(F) Drostanolone;
(G) Ethylestrenol;
(H) Fluoxymesterone;
(I) Formebulone (formebolone);
(J) Mesterolone;
(K) Methandienone;
(L) Methandranone;
(M) Methandriol;
(N) Methandrostenolone;
(O) Methenolone;
(P) Methyltestosterone;
(Q) Mibolerone;
(R) Nandrolone;
(S) Norethandrolone;
(T) Oxandrolone;
(U) Oxymesterone;
(V) Oxymetholone;
(W) Stanolone;
(X) Stanozolol;
(Y) Testolactone;
(Z) Testosterone; and
(AA) Trenbolone.
Anabolic steroids expressly intended for administration through implants to cattle or other
nonhuman species, and approved by the Secretary of Health and Human Services for use, may not
be classified as a controlled substance.
(d) Schedule IV:
(i) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation containing not more than 1 milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit, or any salts of any of them;
(ii) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following substances, including its salts,
isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(A) Alprazolam;
(B) Barbital;
(C) Bromazepam;
(D) Butorphanol;
(E) Camazepam;
(F) Chloral betaine;
(G) Chloral hydrate;
(H) Chlordiazepoxide;
(I) Clobazam;
(J) Clonazepam;
(K) Clorazepate;
(L) Clotiazepam;
(M) Cloxazolam;
(N) Delorazepam;
(O) Diazepam;
(P) Estazolam;
(Q) Ethchlorvynol;
(R) Ethinamate;
(S) Ethyl loflazepate;
(T) Fludiazepam;
(U) Flunitrazepam;
(V) Flurazepam;
(W) Halazepam;
(X) Haloxazolam;
(Y) Ketazolam;
(Z) Loprazolam;
(AA) Lorazepam;
(BB) Lormetazepam;
(CC) Mebutamate;
(DD) Medazepam;
(EE) Meprobamate;
(FF) Methohexital;
(GG) Methylphenobarbital (mephobarbital);
(HH) Midazolam;
(II) Nimetazepam;
(JJ) Nitrazepam;
(KK) Nordiazepam;
(LL) Oxazepam;
(MM) Oxazolam;
(NN) Paraldehyde;
(OO) Pentazocine;
(PP) Petrichloral;
(QQ) Phenobarbital;
(RR) Pinazepam;
(SS) Prazepam;
(TT) Quazepam;
(UU) Temazepam;
(VV) Tetrazepam;
(WW) Triazolam; and
(XX) Zolpidem.
(iii) Any material, compound, mixture, or preparation of fenfluramine which contains any
quantity of the following substances, including its salts, isomers whether optical, position, or
geometric, and salts of the isomers when the existence of the salts, isomers, and salts of isomers is
possible.
(iv) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers whether optical, position, or
geometric isomers, and salts of the isomers when the existence of the salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(A) Cathine ((+)-norpseudoephedrine);
(B) Diethylpropion;
(C) Fencamfamine;
(D) Fenproprex;
(E) Mazindol;
(F) Mefenorex;
(G) Pemoline, including organometallic complexes and chelates thereof;
(H) Phentermine;
(I) Pipradrol; and
(J)SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(v) Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of dextropropoxyphene
(alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
(e) Schedule V: Any compound, mixture, or preparation containing any of the following
limited quantities of narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid,
which includes one or more non-narcotic active medicinal ingredients in sufficient proportion to
confer upon the compound, mixture, or preparation valuable medicinal qualities other than those
possessed by the narcotic drug alone:
(i) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(ii) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(iii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(iv) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(v) not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(vi) not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit;
(vii) unless specifically exempted or excluded or unless listed in another schedule, any
material, compound, mixture, or preparation which contains Pyrovalerone having a stimulant effect
on the central nervous system, including its salts, isomers, and salts of isomers; and
(viii) unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing any Buprenorphine and its salts.
Section 2. Section 58-37-5.5 is enacted to read:
58-37-5.5. Recognized controlled substance analogs.
(1) A substance listed under Subsection (2) is an analog, as defined in Subsection
58-37-2 (1)(f), if the substance, in any quantity, and in any material, compound, mixture, or
preparation, is present in:
(a) any product manufactured, distributed, or possessed for the purpose of human
consumption; or
(b) any product, the use or administration of which results in human consumption.
(2) Substances referred to in Subsection (1) include, but are not limited to:
(a) gamma butyrolactone (GBL);
(b) butyrolactone;
(c) 1,2 butanolide;
(d) 2-oxanolone;
(e) tetrahydro-2-furanone;
(f) dihydro-2 (3H)-furanone;
(g) tetramethylene glycol; and
(h) 1,4 butanediol.
Section 3. Section 58-37c-3 is amended to read:
58-37c-3. Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) "Board" means the Controlled Substance Precursor Advisory Board created in Section
58-37c-4 .
(2) "Controlled substance precursor" includes a chemical reagent and means any of the
following:
(a) Phenyl-2-propanone;
(b) Methylamine;
(c) Ethylamine;
(d) D-lysergic acid;
(e) Ergotamine and its salts;
(f) Diethyl malonate;
(g) Malonic acid;
(h) Ethyl malonate;
(i) Barbituric acid;
(j) Piperidine and its salts;
(k) N-acetylanthranilic acid and its salts;
(l) Pyrrolidine;
(m) Phenylacetic acid and its salts;
(n) Anthranilic acid and its salts;
(o) Morpholine;
(p) Ephedrine;
(q) Pseudoephedrine;
(r) Norpseudoephedrine;
(s) Phenylpropanolamine;
(t) Benzyl cyanide;
(u) Ergonovine and its salts;
(v) 3,4-Methylenedioxyphenyl-2-propanone;
(w) propionic anhydride;
(x) Insosafrole;
(y) Safrole;
(z) Piperonal;
(aa) N-Methylephedrine;
(bb) N-ethylephedrine;
(cc) N-methylpseudoephedrine;
(dd) N-ethylpseudoephedrine;
(ee) Hydriotic acid;
(ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone,
tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma
aminobutric acid (GABA);
(gg) 1,4 butanediol;
[
through [
[
[
Controlled Substances Act which is designated by the director under the emergency listing provisions
set forth in Section 58-37c-14 ; and
[
provisions set forth in Section 58-37c-14 .
(3) "Deliver," "delivery," "transfer," or "furnish" means the actual, constructive, or attempted
transfer of a controlled substance precursor.
(4) "Matrix" means something, as a substance, in which something else originates, develops,
or is contained.
(5) "Person" means any individual, group of individuals, proprietorship, partnership, joint
venture, corporation, or organization of any type or kind.
(6) "Practitioner" means a physician, dentist, podiatric physician, veterinarian, pharmacist,
scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, or other person licensed,
registered, or otherwise permitted to distribute, dispense, conduct research with respect to,
administer, or use in teaching, or chemical analysis a controlled substance in the course of
professional practice or research in this state.
(7) (a) "Regulated distributor" means a person within the state who provides, sells, furnishes,
transfers, or otherwise supplies a listed controlled substance precursor chemical in a regulated
transaction.
(b) "Regulated distributor" does not include any person excluded from regulation under this
chapter.
(8) (a) "Regulated purchaser" means any person within the state who receives a listed
controlled substance precursor chemical in a regulated transaction.
(b) "Regulated purchaser" does not include any person excluded from regulation under this
chapter.
(9) "Regulated transaction" means any actual, constructive or attempted:
(a) transfer, distribution, delivery, or furnishing by a person within the state to another person
within or outside of the state of a threshold amount of a listed precursor chemical; or
(b) purchase or acquisition by any means by a person within the state from another person
within or outside the state of a threshold amount of a listed precursor chemical.
(10) "Retail distributor" means a grocery store, general merchandise store, drug store, or
other entity or person whose activities as a distributor are limited almost exclusively to sales for
personal use:
(a) in both number of sales and volume of sales; and
(b) either directly to walk-in customers or in face-to-face transactions by direct sales.
(11) "Threshold amount of a listed precursor chemical" means any amount of a controlled
substance precursor; however, the division may exempt from the provisions of this chapter a specific
controlled substance precursor in a specific amount and in certain types of transactions which
provisions for exemption shall be defined by the division by rule adopted pursuant to Title 63,
Chapter 46a, Utah Administrative Rulemaking Act.
(12) "Unlawful conduct" as defined in Section 58-1-501 includes knowingly and intentionally:
(a) engaging in a regulated transaction without first being appropriately licensed or exempted
from licensure under this chapter;
(b) acting as a regulated distributor and selling, transferring, or in any other way conveying
a controlled substance precursor to a person within the state who is not appropriately licensed or
exempted from licensure as a regulated purchaser, or selling, transferring, or otherwise conveying a
controlled substance precursor to a person outside of the state and failing to report the transaction
as required;
(c) acting as a regulated purchaser and purchasing or in any other way obtaining a controlled
substance precursor from a person within the state who is not a licensed regulated distributor, or
purchasing or otherwise obtaining a controlled substance precursor from a person outside of the state
and failing to report the transaction as required;
(d) engaging in a regulated transaction and failing to submit reports and keep required
records of inventories required under the provisions of this chapter or rules adopted pursuant to this
chapter;
(e) making any false statement in any application for license, in any record to be kept, or on
any report submitted as required under this chapter;
(f) with the intent of causing the evasion of the recordkeeping or reporting requirements of
this chapter and rules related to this chapter, receiving or distributing any listed controlled substance
precursor chemical in any manner designed so that the making of records or filing of reports required
under this chapter is not required;
(g) failing to take immediate steps to comply with licensure, reporting, or recordkeeping
requirements of this chapter because of lack of knowledge of those requirements, upon becoming
informed of the requirements;
(h) presenting false or fraudulent identification where or when receiving or purchasing a listed
controlled substance precursor chemical;
(i) creating a chemical mixture for the purpose of evading any licensure, reporting or
recordkeeping requirement of this chapter or rules related to this chapter, or receiving a chemical
mixture created for that purpose;
(j) if the person is at least 18 years of age, employing, hiring, using, persuading, inducing,
enticing, or coercing another person under 18 years of age to violate any provision of this chapter,
or assisting in avoiding detection or apprehension for any violation of this chapter by any federal,
state, or local law enforcement official; and
(k) obtaining or attempting to obtain or to possess any controlled substance precursor or any
combination of controlled substance precursors knowing or having a reasonable cause to believe that
the controlled substance precursor is intended to be used in the unlawful manufacture of any
controlled substance.
(13) "Unprofessional conduct" as defined in Section 58-1-102 and as may be further defined
by rule includes the following:
(a) violation of any provision of this chapter, the Controlled Substance Act of this state or
any other state, or the Federal Controlled Substance Act; and
(b) refusing to allow agents or representatives of the division or authorized law enforcement
personnel to inspect inventories or controlled substance precursors or records or reports relating to
purchases and sales or distribution of controlled substance precursors as such records and reports are
required under this chapter.
Section 4. Section 58-37c-8 is amended to read:
58-37c-8. License -- Exceptions from licensure or regulation.
(1) Any person engaged in a regulated transaction must be appropriately licensed under this
chapter as a regulated distributor and regulated purchaser unless excepted from licensure under this
chapter.
(2) The division shall:
(a) establish the form of application for a license, the requirements for licensure, and fees for
initial licensure and renewal; and
(b) identify required information to be contained in the application as a condition of licensure.
(3) A practitioner who holds a Utah Controlled Substance License and a Controlled
Substance Registration issued by the Drug Enforcement Administration of the U.S. Government is
excepted from licensure under this chapter.
(4) Any purchase, sale, transfer, furnishing, or receipt of any drug intended for lawful use in
the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, which
contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if such drug is
lawfully purchased, sold, transferred, or furnished as an over-the-counter medication without
prescription pursuant to the federal Food, Drug and Cosmetic Act, 21 USC, Sec. 301 et seq., or
regulations adopted thereunder are excepted from licensure, reporting, and recordkeeping under this
chapter.
(5) Any purchase, sale, transfer, receipt, or manufacture of any dietary supplement, vitamins,
minerals, herbs, or other similar substances including concentrates or extracts, which are not
otherwise prohibited by law, which may contain naturally occurring amounts of chemicals or
substances listed in this chapter, or in rules adopted pursuant to Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, are exempt from licensure under this chapter.
(6) A purchaser of two ounces or less of crystal iodine in a single transaction is not required
to be licensed as a regulated purchaser if the transaction complies with Section 58-37c-18 .
(7) Any purchase, sale, transfer, receipt, or manufacture of any product that contains any
precursor chemical listed in Subsection 58-37c-3 (2)(ff) or (gg) and that is not intended for human
consumption is exempt from licensure, regulation, or criminal penalties under this chapter.
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