S.B. 53 Enrolled

AMENDMENTS TO CONTROLLED SUBSTANCE
ACT
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Peter C. Knudson
This act modifies the Controlled Substance Act by prohibiting the refill of a Schedule II
controlled substance, adds dichloralphenazone under Schedule IV, reschedules
buprenorphine to Schedule III, and provides that gamma hydroxy butyrate (GHB) that is
used in an FDA-approved formulation is in Schedule III. This act also provides that
specified penalties under the Controlled Substance Act are to be deposited as dedicated
credits to be used for the operating costs of the Controlled Substance Database.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-37-4, as last amended by Chapters 213 and 271, Laws of Utah 2000
58-37-5.5, as enacted by Chapter 271, Laws of Utah 2000
58-37-6, as last amended by Chapter 137, Laws of Utah 2002
58-37-7.5, as last amended by Chapter 84, Laws of Utah 2002
58-37-8, as last amended by Chapters 12 and 303, Laws of Utah 1999
ENACTS:
58-37-7.7, 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;

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(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;

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(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;

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(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;

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(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;

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(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

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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,

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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

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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;

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(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,

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P2P; benzyl methyl ketone, methyl benzyl ketone.
(vi) 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;

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(C) Any substance which contains any quantity of a derivative of barbituric acid or any
salt of any of them;
(D) Chlorhexadol;
(E) Buprenorphine;
(F) Any drug product containing gamma hydroxybutyric acid, including its salts,
isomers, and salts of isomers, for which an application is approved under the federal Food, Drug,
and Cosmetic Act, Section 505;
[(E)] (G) Ketamine, its salts, isomers, and salts of isomers, some other names for
ketamine: . -2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone.
[(F)] (H) Lysergic acid;
[(G)] (I) Lysergic acid amide;
[(H)] (J) Methyprylon;
[(I)] (K) Sulfondiethylmethane;
[(J)] (L) Sulfonethylmethane;
[(K)] (M) Sulfonmethane; and
[(L)] (N) Tiletamine and zolazepam or any of their salts, some trade or other names for a
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) 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.
(iv) Nalorphine.
(v) 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:

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(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; and
(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.
(vi) 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);

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(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.

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(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) Dichloralphenazone;
[(P)] (Q) Estazolam;
[(Q)] (R) Ethchlorvynol;
[(R)] (S) Ethinamate;
[(S)] (T) Ethyl loflazepate;

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[(T)] (U) Fludiazepam;
[(U)] (V) Flunitrazepam;
[(V)] (W) Flurazepam;
[(W)] (X) Halazepam;
[(X)] (Y) Haloxazolam;
[(Y)] (Z) Ketazolam;
[(Z)] (AA) Loprazolam;
[(AA)] (BB) Lorazepam;
[(BB)] (CC) Lormetazepam;
[(CC)] (DD) Mebutamate;
[(DD)] (EE) Medazepam;
[(EE)] (FF) Meprobamate;
[(FF)] (GG) Methohexital;
[(GG)] (HH) Methylphenobarbital (mephobarbital);
[(HH)] (II) Midazolam;
[(II)] (JJ) Nimetazepam;
[(JJ)] (KK) Nitrazepam;
[(KK)] (LL) Nordiazepam;
[(LL)] (MM) Oxazepam;
[(MM)] (NN) Oxazolam;
[(NN)] (OO) Paraldehyde;
[(OO)] (PP) Pentazocine;
[(PP)] (QQ) Petrichloral;
[(QQ)] (RR) Phenobarbital;
[(RR)] (SS) Pinazepam;
[(SS)] (TT) Prazepam;
[(TT)] (UU) Quazepam;
[(UU)] (VV) Temazepam;

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[(VV)] (WW) Tetrazepam;
[(WW)] (XX) Triazolam;
[(XX)] (YY) Zaleplon; and
[(YY)] (ZZ) 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) Modafinil;
(H) Pemoline, including organometallic complexes and chelates thereof;
(I) Phentermine;
(J) Pipradrol;
(K) Sibutramine; and
(L) 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.

- 18 -

(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; and
(vii) unless specifically exempted or excluded or unless listed in another schedule, any
material, compound, mixture, or preparation which contains Pyrovalerone having a stimulant
effect on the central nervous system, including its salts, isomers, and salts of isomers[; 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 amended 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);

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(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[.]; and
(i) gamma valerolactone.
Section 3. Section 58-37-6 is amended to read:
58-37-6. License to manufacture, produce, distribute, dispense, administer, or
conduct research -- Issuance by department -- Denial, suspension, or revocation -- Records
required -- Prescriptions.
(1) (a) The department may adopt rules relating to the licensing and control of the
manufacture, distribution, production, prescription, administration, dispensing, conducting of
research with, and performing of laboratory analysis upon controlled substances within this state.
(b) The department may assess reasonable fees to defray the cost of issuing original and
renewal licenses under this chapter pursuant to Section 63-38-3.2 .
(c) The director of the department may delegate to any division or agency within the
department, authority to perform the responsibilities and functions prescribed to the department
under this chapter if the delegated authority is consistent with the function of the division or
agency provided by law.
(2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
administers, conducts research with, or performs laboratory analysis upon any controlled
substance in Schedules II through V within this state, or who proposes to engage in
manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
research with, or performing laboratory analysis upon controlled substances included in
Schedules II through V within this state shall obtain a license issued by the department.
(ii) The division shall issue each license under this chapter in accordance with a two-year

- 20 -

renewal cycle established by rule. The division may by rule extend or shorten a renewal period
by as much as one year to stagger the renewal cycles it administers.
(b) Persons licensed to manufacture, produce, distribute, prescribe, dispense, administer,
conduct research with, or perform laboratory analysis upon controlled substances in Schedules II
through V within this state may possess, manufacture, produce, distribute, prescribe, dispense,
administer, conduct research with, or perform laboratory analysis upon those substances to the
extent authorized by their license and in conformity with this chapter.
(c) The following persons are not required to obtain a license and may lawfully possess
controlled substances under this section:
(i) an agent or employee, except a sales representative, of any registered manufacturer,
distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
usual course of his business or employment; however, nothing in this subsection shall be
interpreted to permit an agent, employee, sales representative, or detail man to maintain an
inventory of controlled substances separate from the location of his employer's registered and
licensed place of business;
(ii) a motor carrier or warehouseman, or an employee of a motor carrier or
warehouseman, who possesses any controlled substance in the usual course of his business or
employment; and
(iii) an ultimate user, or any person who possesses any controlled substance pursuant to a
lawful order of a practitioner.
(d) The department may enact rules waiving the license requirement for certain
manufacturers, producers, distributors, prescribers, dispensers, administrators, research
practitioners, or laboratories performing analysis if consistent with the public health and safety.
(e) A separate license is required at each principal place of business or professional
practice where the applicant manufactures, produces, distributes, prescribes, dispenses,
administers, conducts research with, or performs laboratory analysis upon controlled substances.
(f) The department may enact rules providing for the inspection of a licensee or
applicant's establishment, and may inspect the establishment according to those rules.

- 21 -

(3) (a) Upon proper application, the department shall license a qualified applicant to
manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
controlled substances included in Schedules I through V, unless it determines that issuance of a
license is inconsistent with the public interest. The department shall not issue a license to any
person to prescribe, dispense, or administer a Schedule I controlled substance. In determining
public interest, the department shall consider whether or not the applicant has:
(i) maintained effective controls against diversion of controlled substances and any
Schedule I or II substance compounded from any controlled substance into other than legitimate
medical, scientific, or industrial channels;
(ii) complied with applicable state and local law;
(iii) been convicted under federal or state laws relating to the manufacture, distribution,
or dispensing of substances;
(iv) past experience in the manufacture of controlled dangerous substances;
(v) established effective controls against diversion; and
(vi) complied with any other factors that the department establishes that promote the
public health and safety.
(b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
produce, distribute, conduct research with, or perform laboratory analysis upon controlled
substances in Schedule I other than those specified in the license.
(c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
substances in Schedules II through V if they are authorized to administer, dispense, or conduct
research under the laws of this state.
(ii) The department need not require a separate license for practitioners engaging in
research with nonnarcotic controlled substances in Schedules II through V where the licensee is
already licensed under this act in another capacity.
(iii) With respect to research involving narcotic substances in Schedules II through V, or
where the department by rule requires a separate license for research of nonnarcotic substances in
Schedules II through V, a practitioner shall apply to the department prior to conducting research.

- 22 -

(iv) Licensing for purposes of bona fide research with controlled substances by a
practitioner considered qualified may be denied only on a ground specified in Subsection (4), or
upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard adequately
his supply of substances against diversion from medical or scientific use.
(v) Practitioners registered under federal law to conduct research in Schedule I
substances may conduct research in Schedule I substances within this state upon furnishing the
department evidence of federal registration.
(d) Compliance by manufacturers, producers, and distributors with the provisions of
federal law respecting registration, excluding fees, entitles them to be licensed under this chapter.
(e) The department shall initially license those persons who own or operate an
establishment engaged in the manufacture, production, distribution, dispensation, or
administration of controlled substances prior to April 3, 1980, and who are licensed by the state.
(4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed
on probation, or revoked by the department upon finding that the applicant or licensee has:
(i) materially falsified any application filed or required pursuant to this chapter;
(ii) been convicted of an offense under this chapter or any law of the United States, or
any state, relating to any substance defined as a controlled substance;
(iii) been convicted of a felony under any other law of the United States or any state
within five years of the date of the issuance of the license;
(iv) had a federal license denied, suspended, or revoked by competent federal authority
and is no longer authorized to engage in the manufacturing, distribution, or dispensing of
controlled substances;
(v) had his license suspended or revoked by competent authority of another state for
violation of laws or regulations comparable to those of this state relating to the manufacture,
distribution, or dispensing of controlled substances;
(vi) violated any department rule that reflects adversely on the licensee's reliability and
integrity with respect to controlled substances;
(vii) refused inspection of records required to be maintained under this chapter by a

- 23 -

person authorized to inspect them; or
(viii) prescribed, dispensed, administered, or injected an anabolic steroid for the purpose
of manipulating human hormonal structure so as to:
(A) increase muscle mass, strength, or weight without medical necessity and without a
written prescription by any practitioner in the course of his professional practice; or
(B) improve performance in any form of human exercise, sport, or game.
(b) The department may limit revocation or suspension of a license to a particular
controlled substance with respect to which grounds for revocation or suspension exist.
(c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
Occupational and Professional Licensing Act, and conducted in conjunction with the appropriate
representative committee designated by the director of the department.
(ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and Professional
Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses, except where
the department is designated by law to perform those functions, or, when not designated by law,
is designated by the executive director of the Department of Commerce to conduct the
proceedings.
(d) (i) The department may suspend any license simultaneously with the institution of
proceedings under this section if it finds there is an imminent danger to the public health or
safety.
(ii) Suspension shall continue in effect until the conclusion of proceedings, including
judicial review, unless withdrawn by the department or dissolved by a court of competent
jurisdiction.
(e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
substances owned or possessed by the licensee may be placed under seal in the discretion of the
department.
(ii) Disposition may not be made of substances under seal until the time for taking an
appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,

- 24 -

orders the sale of perishable substances and the proceeds deposited with the court.
(iii) If a revocation order becomes final, all controlled substances shall be forfeited.
(f) The department shall notify promptly the Drug Enforcement Administration of all
orders suspending or revoking a license and all forfeitures of controlled substances.
(5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and
inventories in conformance with the record keeping and inventory requirements of federal and
state law and any additional rules issued by the department.
(b) (i) Every physician, dentist, veterinarian, practitioner, or other person who is
authorized to administer or professionally use a controlled substance shall keep a record of the
drugs received by him and a record of all drugs administered, dispensed, or professionally used
by him otherwise than by a prescription.
(ii) A person using small quantities or solutions or other preparations of those drugs for
local application has complied with this Subsection (5)(b) if he keeps a record of the quantity,
character, and potency of those solutions or preparations purchased or prepared by him, and of
the dates when purchased or prepared.
(6) Controlled substances in Schedules I through V may be distributed only by a licensee
and pursuant to an order form prepared in compliance with department rules or a lawful order
under the rules and regulations of the United States.
(7) (a) A person may not write or authorize a prescription for a controlled substance
unless he is:
(i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
or under the laws of another state having similar standards; and
(ii) licensed under this chapter or under the laws of another state having similar
standards.
(b) A person other than a pharmacist licensed under the laws of this state, or his licensed
intern, as required by Section 58-17a-302 , may not dispense a controlled substance.
(c) (i) A controlled substance may not be dispensed without the written prescription of a
practitioner, if the written prescription is required by the federal Controlled Substances Act.

- 25 -

(ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
conformity with Subsection (7)(d).
(iii) In emergency situations, as defined by department rule, controlled substances may
be dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
designated by the department and filed by the pharmacy.
(iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
Subsection (7)(d).
(d) Except for emergency situations designated by the department, a person may not
issue, fill, compound, or dispense a prescription for a controlled substance unless the prescription
is signed in ink or indelible pencil by the prescriber and contains the following information:
(i) the name, address, and registry number of the prescriber;
(ii) the name, address, and age of the person to whom or for whom the prescription is
issued;
(iii) the date of issuance of the prescription; and
(iv) the name, quantity, and specific directions for use by the ultimate user of the
controlled substance.
(e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
controlled substance.
(f) Except when administered directly to an ultimate user by a licensed practitioner,
controlled substances are subject to the following restrictions:
(i) (A) A prescription for a Schedule II substance may not be refilled [only upon the
written prescription of an authorized practitioner, and a prescription for a].
(B) A Schedule II controlled substance may not be filled in a quantity to exceed a
one-month's supply, as directed on the daily dosage rate of the prescriptions.
(ii) A Schedule III or IV controlled substance may be filled only within six months of
issuance, and may not be refilled more than six months after the date of its original issuance or be
refilled more than five times after the date of the prescription unless renewed by the practitioner.
(iii) All other controlled substances in Schedule V may be refilled as the prescriber's

- 26 -

prescription directs, but they may not be refilled one year after the date the prescription was
issued unless renewed by the practitioner.
(iv) Any prescription for a Schedule II substance may not be dispensed if it is not
presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
after the date the prescription was issued, or 30 days after the dispensing date, if that date is
specified separately from the date of issue.
(v) A practitioner may issue more than one prescription at the same time for the same
Schedule II controlled substance, but only under the following conditions:
(A) no more than three prescriptions for the same Schedule II controlled substance may
be issued at the same time;
(B) no one prescription may exceed a 30-day supply;
(C) a second or third prescription shall include the date of issuance and the date for
dispensing; and
(D) unless the practitioner determines there is a valid medical reason to the contrary, the
date for dispensing a second or third prescription may not be fewer than 30 days from the
dispensing date of the previous prescription.
(vi) Each prescription for a controlled substance may contain only one controlled
substance per prescription form and may not contain any other legend drug or prescription item.
(g) An order for a controlled substance in Schedules II through V for use by an inpatient
or an outpatient of a licensed hospital is exempt from all requirements of this Subsection (7) if
the order is:
(i) issued or made by a prescribing practitioner who holds an unrestricted registration
with the federal Drug Enforcement Administration, and an active Utah controlled substance
license in good standing issued by the division under this section, or a medical resident who is
exempted from licensure under Subsection 58-1-307 (1)(c);
(ii) authorized by the prescribing practitioner treating the patient and the prescribing
practitioner designates the quantity ordered;
(iii) entered upon the record of the patient, the record is signed by the prescriber

- 27 -

affirming his authorization of the order within 48 hours after filling or administering the order,
and the patient's record reflects the quantity actually administered; and
(iv) filled and dispensed by a pharmacist practicing his profession within the physical
structure of the hospital, or the order is taken from a supply lawfully maintained by the hospital
and the amount taken from the supply is administered directly to the patient authorized to receive
it.
(h) A practitioner licensed under this chapter may not prescribe, administer, or dispense a
controlled substance to a minor, without first obtaining the consent required in Section 78-14-5
of a parent, guardian, or person standing in loco parentis of the minor except in cases of an
emergency. For purposes of this Subsection (7)(h), "minor" has the same meaning as defined in
Section 78-3a-103 , and "emergency" means any physical condition requiring the administration
of a controlled substance for immediate relief of pain or suffering.
(i) A practitioner licensed under this chapter may not prescribe or administer dosages of
a controlled substance in excess of medically recognized quantities necessary to treat the ailment,
malady, or condition of the ultimate user.
(j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
any controlled substance to another person knowing that the other person is using a false name,
address, or other personal information for the purpose of securing the controlled substance.
(k) A person who is licensed under this chapter to manufacture, distribute, or dispense a
controlled substance may not manufacture, distribute, or dispense a controlled substance to
another licensee or any other authorized person not authorized by this license.
(l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
symbol required by this chapter or by a rule issued under this chapter.
(m) A person licensed under this chapter may not refuse or fail to make, keep, or furnish
any record notification, order form, statement, invoice, or information required under this
chapter.
(n) A person licensed under this chapter may not refuse entry into any premises for
inspection as authorized by this chapter.

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(o) A person licensed under this chapter may not furnish false or fraudulent material
information in any application, report, or other document required to be kept by this chapter or
willfully make any false statement in any prescription, order, report, or record required by this
chapter.
(8) (a) (i) Any person licensed under this chapter who is found by the department to have
violated any of the provisions of Subsections (7)(k) through (7)(o) is subject to a [fine] penalty
not to exceed $5,000. The department shall determine the procedure for adjudication of any
violations in accordance with Sections 58-1-106 and 58-1-108 .
(ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the
General Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
(b) Any person who knowingly and intentionally violates Subsections (7)(h) through
(7)(j) is:
(i) upon first conviction, guilty of a class B misdemeanor;
(ii) upon second conviction, guilty of a class A misdemeanor; and
(iii) on third or subsequent conviction, guilty of a third degree felony.
(c) Any person who knowingly and intentionally violates Subsections (7)(k) through
(7)(o) shall upon conviction be guilty of a third degree felony.
(9) Any information communicated to any licensed practitioner in an attempt to
unlawfully procure, or to procure the administration of, a controlled substance is not considered
to be a privileged communication.
Section 4. Section 58-37-7.5 is amended to read:
58-37-7.5. Controlled substance database -- Advisory committee -- Pharmacy
reporting requirements -- Access -- Penalties.
(1) As used in this section:
(a) "Committee" means the Controlled Substance Database Advisory Committee created
in this section.
(b) "Database" means the controlled substance database created in this section.
(c) "Database manager" means the person responsible for operating the database, or his

- 29 -

designee.
(d) "Division" means the Division of Occupational and Professional Licensing created in
Section 58-1-103 .
(e) "Drug outlet" has the same definition as in Section 58-17a-102 .
(f) "Health care facility" has the same definition as in Section 26-21-2 .
(2) (a) There is created within the division a controlled substance database.
(b) The division shall administer and direct the functioning of the database in accordance
with this section. The division may under state procurement laws contract with another state
agency or private entity to establish, operate, or maintain the database. The division in
collaboration with the board shall determine whether to operate the database within the division
or contract with another entity to operate the database, based on an analysis of costs and benefits.
(c) The purpose of the database is to contain data as described in this section regarding
every prescription for a controlled substance dispensed in the state to any person other than an
inpatient in a licensed health care facility.
(d) Data required by this section shall be submitted in compliance with this section to the
manager of the database by the pharmacist in charge of the drug outlet where the controlled
substance is dispensed.
(3) (a) There is created the Controlled Substance Database Advisory Committee. The
committee members are:
(i) two members representing the Utah Medical Association;
(ii) one member representing the Utah Dental Association;
(iii) two members representing the Utah Pharmaceutical Association;
(iv) one member representing the Department of Public Safety;
(v) one member representing the Utah Association of Chiefs of Police;
(vi) one member representing the Utah Sheriffs Association;
(vii) one member representing the state Office of the Attorney General;
(viii) one member representing the Statewide Association of Public Attorneys; and
(ix) three members representing the general public, and who are not health care

- 30 -

providers.
(b) The committee shall be appointed and serve in accordance with Section 58-1-201 .
(c) The committee shall advise the division regarding:
(i) establishing, maintaining, and operating the database;
(ii) access to the database and how access is obtained; and
(iii) control of information contained in the database.
(4) The pharmacist in charge shall, regarding each controlled substance dispensed by a
pharmacist under his supervision other than those dispensed for an inpatient at a health care
facility, submit to the manager of the database the following information, by a procedure and in a
format established by the division:
(a) name of the prescribing practitioner;
(b) date of the prescription;
(c) date the prescription was filled;
(d) name of the person for whom the prescription was written;
(e) positive identification of the person receiving the prescription, including the type of
identification and any identifying numbers on the identification;
(f) name of the controlled substance;
(g) quantity of controlled substance prescribed;
(h) strength of controlled substance;
(i) quantity of controlled substance dispensed;
(j) dosage quantity and frequency as prescribed;
(k) name of drug outlet dispensing the controlled substance;
(l) name of pharmacist dispensing the controlled substance; and
(m) other relevant information as required by division rule.
(5) The division shall maintain the database in an electronic file or by other means
established by the division to facilitate use of the database for identification of:
(a) prescribing practices and patterns of prescribing and dispensing controlled
substances;

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(b) practitioners prescribing controlled substances in an unprofessional or unlawful
manner;
(c) individuals receiving prescriptions for controlled substances from licensed
practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet in
quantities or with a frequency inconsistent with generally recognized standards of dosage for that
controlled substance; and
(d) individuals presenting forged or otherwise false or altered prescriptions for controlled
substances to a drug outlet.
(6) (a) The division shall by rule establish the electronic format in which the information
required under this section shall be submitted to the administrator of the database.
(b) The division shall ensure the database system records and maintains for reference:
(i) identification of each person who requests or receives information from the database;
(ii) the information provided to each person; and
(iii) the date and time the information is requested or provided.
(7) The division shall make rules in collaboration with the committee to:
(a) effectively enforce the limitations on access to the database as described in
Subsection (8); and
(b) establish standards and procedures to ensure accurate identification of individuals
requesting information or receiving information without request from the database.
(8) The manager of the database shall make information in the database available only to
the following persons, and in accordance with the limitations stated and division rules:
(a) personnel of the division specifically assigned to conduct investigations related to
controlled substances laws under the jurisdiction of the division;
(b) authorized division personnel engaged in analysis of controlled substance
prescription information as a part of the assigned duties and responsibilities of their employment;
(c) a licensed practitioner having authority to prescribe controlled substances, to the
extent the information relates specifically to a current patient of the practitioner, to whom the
practitioner is prescribing or considering prescribing any controlled substance;

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(d) a licensed pharmacist having authority to dispense controlled substances to the extent
the information relates specifically to a current patient to whom that pharmacist is dispensing or
considering dispensing any controlled substance;
(e) federal, state, and local law enforcement authorities engaged as a specified duty of
their employment in enforcing laws regulating controlled substances; and
(f) an individual who is the recipient of a controlled substance prescription entered into
the database, upon providing evidence satisfactory to the database manager that the individual
requesting the information is in fact the person about whom the data entry was made.
(9) Any person who knowingly and intentionally releases any information in the database
in violation of the limitations under Subsection (8) is guilty of a third degree felony.
(10) Any person who obtains or attempts to obtain information from the database by
misrepresentation or fraud is guilty of a third degree felony.
(11) (a) A person may not knowingly and intentionally use, release, publish, or otherwise
make available to any other person or entity any information obtained from the database for any
purpose other than those specified in Subsection (8). Each separate violation of this Subsection
(11) is a third degree felony and is also subject to a civil penalty not to exceed $5,000.
(b) The procedure for determining a civil violation of this Subsection (11) shall be in
accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.
(c) Civil penalties assessed under this Subsection (11) shall be deposited in the General
Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
(12) (a) The failure of a pharmacist in charge to submit information to the database as
required under this section after the division has submitted a specific written request for the
information or when the division determines the individual has a demonstrable pattern of failing
to submit the information as required is grounds for the division to take the following actions in
accordance with Section 58-1-401 :
(i) refuse to issue a license to the individual;
(ii) refuse to renew the individual's license;
(iii) revoke, suspend, restrict, or place on probation the license;

- 33 -

(iv) issue a public or private reprimand to the individual;
(v) issue a cease and desist order; and
(vi) impose a civil penalty of not more than $1,000 for each dispensed prescription
regarding which the required information is not submitted.
(b) Civil penalties assessed under Subsection (12)(a)(vi) shall be deposited in the
[Commerce Service] General Fund as a dedicated credit to be used by the division under
Subsection 58-37-7.7 (1).
(c) The procedure for determining a civil violation of this Subsection (12) shall be in
accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.
(13) An individual who has submitted information to the database in accordance with
this section may not be held civilly liable for having submitted the information.
(14) All department and the division costs necessary to establish and operate the database
shall be funded by appropriations from:
(a) the Commerce Service Fund; and
(b) the General Fund.
(15) All costs associated with recording and submitting data as required in this section
shall be assumed by the submitting drug outlet.
Section 5. Section 58-37-7.7 is enacted to read:
58-37-7.7. Use of dedicated credits -- Controlled Substance Database -- Collection of
penalties.
(1) The director may, with concurrence of the Controlled Substance Database Advisory
Committee created in Section 58-37-7.5 , use the monies deposited in the General Fund as a
dedicated credit under Subsections 58-37-6 (8)(a), 58-37-7.5 (11)(c), and 58-37-7.5 (12)(b) for the
following purposes:
(a) maintenance and replacement of the database equipment, including hardware and
software;
(b) training of staff; and
(c) pursuit of external grants and matching funds.

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(2) The director of the division may collect any penalty imposed under Subsections
58-37-6 (8)(a), 58-37-7.5 (11)(c), and 58-37-7.5 (12)(b) and which is not paid by:
(a) referring the matter to the Office of State Debt Collection or a collection agency; or
(b) bringing an action in the district court of the county in which the person owing the
debt resides or in the county where the office of the director is located.
(3) The director may seek legal assistance from the attorney general or the county or
district attorney of the district in which the action is brought to collect the fine.
(4) The court shall award reasonable attorney's fees and costs to the division for
successful collection actions under Subsection (2)(b).
(5) All funding of the controlled substance database as defined under Section 58-37-7.5
is nonlapsing.
Section 6. Section 58-37-8 is amended to read:
58-37-8. Prohibited acts -- Penalties.
(1) Prohibited acts A -- Penalties:
(a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
intentionally:
(i) produce, manufacture, or dispense, or to possess with intent to produce, manufacture,
or dispense, a controlled or counterfeit substance;
(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange
to distribute a controlled or counterfeit substance;
(iii) possess a controlled or counterfeit substance with intent to distribute; or
(iv) engage in a continuing criminal enterprise where:
(A) the person participates, directs, or engages in conduct which results in any violation
of any provision of Title 58, Chapters 37, 37a, 37b, 37c, or 37d that is a felony; and
(B) the violation is a part of a continuing series of two or more violations of Title 58,
Chapters 37, 37a, 37b, 37c, or 37d on separate occasions that are undertaken in concert with five
or more persons with respect to whom the person occupies a position of organizer, supervisor, or
any other position of management.

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(b) Any person convicted of violating Subsection (1)(a) with respect to:
(i) a substance classified in Schedule I or II [or], a controlled substance analog, or
gamma hydroxybutyric acid as listed in Schedule III is guilty of a second degree felony and upon
a second or subsequent conviction is guilty of a first degree felony;
(ii) a substance classified in Schedule III or IV, or marijuana, is guilty of a third degree
felony, and upon a second or subsequent conviction is guilty of a second degree felony; or
(iii) a substance classified in Schedule V is guilty of a class A misdemeanor and upon a
second or subsequent conviction is guilty of a third degree felony.
(c) Any person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) may
be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier of
fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on his person
or in his immediate possession during the commission or in furtherance of the offense, the court
shall additionally sentence the person convicted for a term of one year to run consecutively and
not concurrently; and the court may additionally sentence the person convicted for an
indeterminate term not to exceed five years to run consecutively and not concurrently.
(d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
felony punishable by imprisonment for an indeterminate term of not less than seven years and
which may be for life. Imposition or execution of the sentence may not be suspended, and the
person is not eligible for probation.
(2) Prohibited acts B -- Penalties:
(a) It is unlawful:
(i) for any person knowingly and intentionally to possess or use a controlled substance
analog or a controlled substance, unless it was obtained under a valid prescription or order,
directly from a practitioner while acting in the course of his professional practice, or as otherwise
authorized by this chapter;
(ii) for any owner, tenant, licensee, or person in control of any building, room, tenement,
vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
by persons unlawfully possessing, using, or distributing controlled substances in any of those

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locations; or
(iii) for any person knowingly and intentionally to possess an altered or forged
prescription or written order for a controlled substance.
(b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
(i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
(ii) a substance classified in Schedule I or II, marijuana, if the amount is more than 16
ounces, but less than 100 pounds, or a controlled substance analog, is guilty of a third degree
felony; or
(iii) marijuana, if the marijuana is not in the form of an extracted resin from any part of
the plant, and the amount is more than one ounce but less than 16 ounces, is guilty of a class A
misdemeanor.
(c) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or any
public jail or other place of confinement shall be sentenced to a penalty one degree greater than
provided in Subsection (2)(b).
(d) Upon a second or subsequent conviction of possession of any controlled substance by
a person, that person shall be sentenced to a one degree greater penalty than provided in this
Subsection (2).
(e) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
substances not included in Subsection (2)(b)(i), (ii), or (iii), including less than one ounce of
marijuana, is guilty of a class B misdemeanor. Upon a second conviction the person is guilty of a
class A misdemeanor, and upon a third or subsequent conviction the person is guilty of a third
degree felony.
(f) Any person convicted of violating Subsection (2)(a)(ii) or (2)(a)(iii) is:
(i) on a first conviction, guilty of a class B misdemeanor;
(ii) on a second conviction, guilty of a class A misdemeanor; and
(iii) on a third or subsequent conviction, guilty of a third degree felony.
(3) Prohibited acts C -- Penalties:

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(a) It is unlawful for any person knowingly and intentionally:
(i) to use in the course of the manufacture or distribution of a controlled substance a
license number which is fictitious, revoked, suspended, or issued to another person or, for the
purpose of obtaining a controlled substance, to assume the title of, or represent himself to be, a
manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person;
(ii) to acquire or obtain possession of, to procure or attempt to procure the administration
of, to obtain a prescription for, to prescribe or dispense to any person known to be attempting to
acquire or obtain possession of, or to procure the administration of any controlled substance by
misrepresentation or failure by the person to disclose his receiving any controlled substance from
another source, fraud, forgery, deception, subterfuge, alteration of a prescription or written order
for a controlled substance, or the use of a false name or address;
(iii) to make any false or forged prescription or written order for a controlled substance,
or to utter the same, or to alter any prescription or written order issued or written under the terms
of this chapter; or
(iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to
print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing upon any drug or container or labeling
so as to render any drug a counterfeit controlled substance.
(b) Any person convicted of violating Subsection (3)(a) is guilty of a third degree felony.
(4) Prohibited acts D -- Penalties:
(a) Notwithstanding other provisions of this section, a person not authorized under this
chapter who commits any act declared to be unlawful under this section, Title 58, Chapter 37a,
Utah Drug Paraphernalia Act, or under Title 58, Chapter 37b, Imitation Controlled Substances
Act, is upon conviction subject to the penalties and classifications under this Subsection (4)[(b)]
if the act is committed:
(i) in a public or private elementary or secondary school or on the grounds of any of
those schools;
(ii) in a public or private vocational school or postsecondary institution or on the grounds

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of any of those schools or institutions;
(iii) in those portions of any building, park, stadium, or other structure or grounds which
are, at the time of the act, being used for an activity sponsored by or through a school or
institution under Subsections (4)(a)(i) and (ii);
(iv) in or on the grounds of a preschool or child-care facility;
(v) in a public park, amusement park, arcade, or recreation center;
(vi) in [a church or synagogue] or on the grounds of a house of worship as defined in
Section 76-10-501 ;
(vii) in a shopping mall, sports facility, stadium, arena, theater, movie house, playhouse,
or parking lot or structure adjacent thereto;
(viii) in a public parking lot or structure;
(ix) within 1,000 feet of any structure, facility, or grounds included in Subsections
(4)(a)(i) through (viii); or
(x) in the immediate presence of a person younger than 18 years of age, regardless of
where the act occurs.
(b) A person convicted under this Subsection (4) is guilty of a first degree felony and
shall be imprisoned for a term of not less than five years if the penalty that would otherwise have
been established but for this subsection would have been a first degree felony. Imposition or
execution of the sentence may not be suspended, and the person is not eligible for probation.
(c) If the classification that would otherwise have been established would have been less
than a first degree felony but for this Subsection (4), a person convicted under this Subsection (4)
is guilty of one degree more than the maximum penalty prescribed for that offense.
(d) It is not a defense to a prosecution under this Subsection (4) that the actor mistakenly
believed the individual to be 18 years of age or older at the time of the offense or was unaware of
the individual's true age; nor that the actor mistakenly believed that the location where the act
occurred was not as described in Subsection (4)(a) or was unaware that the location where the act
occurred was as described in Subsection (4)(a).
(5) Any violation of this chapter for which no penalty is specified is a class B

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misdemeanor.
(6) (a) Any penalty imposed for violation of this section is in addition to, and not in lieu
of, any civil or administrative penalty or sanction authorized by law.
(b) Where violation of this chapter violates a federal law or the law of another state,
conviction or acquittal under federal law or the law of another state for the same act is a bar to
prosecution in this state.
(7) In any prosecution for a violation of this chapter, evidence or proof which shows a
person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
substance or substances, is prima facie evidence that the person or persons did so with
knowledge of the character of the substance or substances.
(8) This section does not prohibit a veterinarian, in good faith and in the course of his
professional practice only and not for humans, from prescribing, dispensing, or administering
controlled substances or from causing the substances to be administered by an assistant or orderly
under his direction and supervision.
(9) Civil or criminal liability may not be imposed under this section on:
(a) any person registered under the Controlled Substances Act who manufactures,
distributes, or possesses an imitation controlled substance for use as a placebo or investigational
new drug by a registered practitioner in the ordinary course of professional practice or research;
or
(b) any law enforcement officer acting in the course and legitimate scope of his
employment.
(10) If any provision of this chapter, or the application of any provision to any person or
circumstances, is held invalid, the remainder of this chapter shall be given effect without the
invalid provision or application.

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