reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37 - Utah Controlled Substances Act › Section 23 - Methadone orders authorized.

Effective 5/3/2023
58-37-23.
Methadone orders authorized.
(1) As used in this section:
(a) "Emergency medical order" means a medical order as defined in Section 58-17b-102 for up to a 72-hour supply of methadone.
(b) "General acute hospital" means the same as that term is defined in Section 26B-2-201.
(c) "Qualified pharmacy" means a pharmacy that is located on the premises of a general acute hospital that is licensed as a:
(i) class A pharmacy as defined in Section 58-17b-102; or
(ii) class B pharmacy as defined in Section 58-17b-102.
(d) "Qualified practitioner" means a practitioner who:
(i) is registered with the United States Drug Enforcement Administration to issue an emergency medical order; and
(ii) is working at a general acute hospital.
(2) A qualified practitioner may issue an emergency medical order to a qualified pharmacy to dispense up to a 72-hour supply of methadone on behalf of the qualified practitioner:
(a) to relieve acute withdrawal symptoms while the qualified practitioner makes arrangements to refer the patient for substance use disorder treatment; and
(b) in accordance with 21 C.F.R. Sec. 1306.07 and applicable regulation or guidance issued by the United States Drug Enforcement Administration regarding an emergency medical order.
Enacted by Chapter 323, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37a - Utah Drug Paraphernalia Act › Section 2 - Purpose.

58-37a-2.
Purpose.
It is the intent of this chapter to discourage the use of narcotics by eliminating paraphernalia designed for processing, ingesting, or otherwise using a controlled substance.
Enacted by Chapter 76, 1981 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37a - Utah Drug Paraphernalia Act › Section 4 - Considerations in determining whether object is drug paraphernalia.

58-37a-4.
Considerations in determining whether object is drug paraphernalia.
In determining whether an object is drug paraphernalia, the trier of fact, in addition to all other logically relevant factors, should consider:
(1) statements by an owner or by anyone in control of the object concerning its use;
(2) prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to a controlled substance;
(3) the proximity of the object, in time and space, to a direct violation of this chapter;
(4) the proximity of the object to a controlled substance;
(5) the existence of any residue of a controlled substance on the object;
(6) instructions whether oral or written, provided with the object concerning its use;
(7) descriptive materials accompanying the object which explain or depict its use;
(8) national and local advertising concerning its use;
(9) the manner in which the object is displayed for sale;
(10) whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(12) the existence and scope of legitimate uses of the object in the community;
(13) whether the object is subject to Section 58-37a-5; and
(14) expert testimony concerning its use.
Amended by Chapter 101, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37a - Utah Drug Paraphernalia Act › Section 5 - Unlawful acts.

58-37a-5.
Unlawful acts.
(1)
(a) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body in violation of this chapter.
(b) Any person who violates Subsection (1)(a) is guilty of a class B misdemeanor.
(2)
(a) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, any drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body in violation of this act.
(b) Any person who violates Subsection (2)(a) is guilty of a class A misdemeanor.
(3) Any person 18 years of age or older who delivers drug paraphernalia to a person younger than 18 years of age and who is three years or more younger than the person making the delivery is guilty of a third degree felony.
(4)
(a) It is unlawful for any person to place in this state in any newspaper, magazine, handbill, or other publication any advertisement, knowing that the purpose of the advertisement is to promote the sale of drug paraphernalia.
(b) Any person who violates Subsection (4)(a) is guilty of a class B misdemeanor.
(5)
(a) A person may not be charged with distribution of hypodermic syringes as drug paraphernalia if at the time of sale or distribution the syringes are in a sealed sterile package and are for a legitimate medical purpose, including:
(i) injection of prescription medications as prescribed by a practitioner; or
(ii) the prevention of disease transmission.
(b) A person may not be charged with possession of hypodermic syringes as drug paraphernalia if the syringe is unused and is in a sealed sterile package.
(6) A person may be charged and sentenced for a violation of this section, notwithstanding a charge and sentence for a violation of any other section of this chapter.
Amended by Chapter 101, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37a - Utah Drug Paraphernalia Act › Section 6 - Seizure -- Forfeiture -- Property rights.

Effective 5/3/2023
58-37a-6.
Seizure -- Forfeiture -- Property rights.
Drug paraphernalia is subject to seizure and forfeiture in accordance with the procedures and substantive protections of Title 77, Chapter 11a, Seizure of Property and Contraband, and Title 77, Chapter 11b, Forfeiture of Seized Property.
Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37a - Utah Drug Paraphernalia Act › Section 7 - Sentencing requirements for minors.

Effective 8/1/2017
58-37a-7.
Sentencing requirements for minors.
If a minor who is under 18 years of age is found by a court to have violated this chapter, the court may order the minor to complete:
(1) a screening as defined in Section 41-6a-501;
(2) an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and
(3) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment.
Amended by Chapter 330, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37b - Imitation Controlled Substances Act › Section 2 - Definitions.

58-37b-2.
Definitions.
As used in this chapter:
(1) "Controlled substance" has the same meaning as provided in Section 58-37-2.
(2) "Distribute" means the actual, constructive, or attempted sale, transfer, delivery, or dispensing to another of an imitation controlled substance.
(3) "Imitation controlled substance" means a substance designed or packaged to substantially resemble any legally or illegally manufactured controlled substance, but that is not:
(a) a controlled substance; or
(b) represented to be any legally or illegally manufactured controlled substance under Subsection 58-37-2(1)(i)(ii).
(4) "Manufacture" means the production, preparation, compounding, processing, encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an imitation controlled substance.
Amended by Chapter 64, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37b - Imitation Controlled Substances Act › Section 4 - Manufacture, distribution or possession of substance unlawful -- Penalty.

58-37b-4.
Manufacture, distribution or possession of substance unlawful -- Penalty.
It is unlawful for any person to manufacture, distribute, or possess with intent to distribute, an imitation controlled substance. Any person who violates this section is guilty of a class A misdemeanor.
Amended by Chapter 241, 1991 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37b - Imitation Controlled Substances Act › Section 6 - Use of substance unlawful -- Penalty.

58-37b-6.
Use of substance unlawful -- Penalty.
It is unlawful for any person to use, or to possess with intent to use, an imitation controlled substance. Any person who violates this section is guilty of a class C misdemeanor.
Amended by Chapter 178, 1986 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37b - Imitation Controlled Substances Act › Section 7 - Advertisement of substance unlawful -- Penalty.

58-37b-7.
Advertisement of substance unlawful -- Penalty.
It is unlawful for any person to place any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances. Any person who violates this section is guilty of a class A misdemeanor.
Amended by Chapter 241, 1991 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37b - Imitation Controlled Substances Act › Section 8 - Exemption of persons registered under Controlled Substances Act.

58-37b-8.
Exemption of persons registered under Controlled Substances Act.
No civil or criminal liability shall be imposed by virtue of this act on 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 on any law enforcement officer acting in the course and legitimate scope of that employment.
Enacted by Chapter 32, 1982 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37b - Imitation Controlled Substances Act › Section 9 - Sentencing requirements for minors.

Effective 8/1/2017
58-37b-9.
Sentencing requirements for minors.
If a minor who is under 18 years of age is found by a court to have violated this chapter, the court may order the minor to complete:
(1) a screening as defined in Section 41-6a-501;
(2) an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and
(3) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment.
Amended by Chapter 330, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 2 - Purpose.

58-37c-2.
Purpose.
The purpose of this act is to provide for the licensure of regulated distributors and regulated purchasers engaged in regulated transactions of listed controlled substance precursor chemicals as they are identified in the act or rules adopted pursuant to the act, to provide for maintaining of records and submission of reports with respect to regulated transactions, to provide for reasonable and necessary regulation of defined types of transactions, to provide that violation of the provisions of this act shall be unlawful and unprofessional conduct, and to provide for criminal and administrative actions for that conduct.
Repealed and Re-enacted by Chapter 155, 1992 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 5 - Responsibility of Department of Commerce -- Delegation to the Division of Professional Licensing -- Rulemaking authority of the division.

Effective 5/4/2022
58-37c-5.
Responsibility of Department of Commerce -- Delegation to the Division of Professional Licensing -- Rulemaking authority of the division.
(1) Responsibility for the enforcement of the licensing and reporting provisions of this chapter shall be with the Department of Commerce.
(2) The executive director shall delegate specific responsibility within the department to the Division of Professional Licensing.
(3) The division shall make, adopt, amend, and repeal rules necessary for the proper administration and enforcement of this chapter.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 6 - Division duties.

Effective 5/4/2022
58-37c-6.
Division duties.
The division shall be responsible for the licensing and reporting provisions of this chapter and those duties shall include:
(1) providing for a system of licensure of regulated distributors and regulated purchasers;
(2) refusing to renew a license or revoking, suspending, restricting, placing on probation, issuing a private or public letter of censure or reprimand, or imposing other appropriate action against a license;
(3) with respect to the licensure and reporting provisions of this chapter, investigating or causing to be investigated any violation of this chapter by any person and to cause, when necessary, appropriate administrative action with respect to the license of that person;
(4) presenting evidence obtained from investigations conducted by appropriate county attorneys and the Office of the Attorney General for civil or criminal prosecution or for administrative action against a licensee;
(5) conducting hearings for the purpose of revoking, suspending, placing on probation, or imposing other appropriate administrative action against the license of regulated distributors or regulated purchasers in accordance with the provisions of Title 58, Chapter 1, Division of Professional Licensing Act, and Title 63G, Chapter 4, Administrative Procedures Act;
(6) assisting all other law enforcement agencies of the state in enforcing all laws regarding controlled substance precursors;
(7) specifying reports, frequency of reports, and conditions under which reports are to be submitted and to whom reports are to be submitted by regulated distributors and regulated purchasers with respect to transactions involving threshold amounts of controlled substance precursors; and
(8) performing all other functions necessary to fulfill division duties and responsibilities as outlined under this chapter or rules adopted pursuant to this chapter.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 7 - Controlled substance precursor license.

58-37c-7.
Controlled substance precursor license.
(1) The division shall issue to persons qualified under the provisions of this chapter and rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a controlled substance precursor license.
(2) It is unlawful for a person to engage in the distribution, sale, or transfer, or in the purchase or obtaining of a controlled substance precursor in a regulated transaction without being licensed or excepted from licensure under this chapter.
Amended by Chapter 240, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 8 - License -- Exceptions from licensure or regulation.

58-37c-8.
License -- Exceptions from licensure or regulation.
(1) A person engaged in a regulated transaction under this chapter shall hold a controlled substance precursor license issued under Section 58-37c-7, 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) The purchase, sale, transfer, furnishing, or receipt of a drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, if the drug is lawfully purchased, sold, transferred, or furnished as an over-the-counter medication without prescription pursuant to the federal Food, Drug and Cosmetic Act, 21 USC, Sec. 301 et seq., or regulations adopted under that act, are excepted from licensure, reporting, and recordkeeping under this chapter, except that products containing ephedrine, pseudoephedrine, or phenylpropanolamine are subject to Section 58-37c-20.5.
(5) The purchase, sale, transfer, receipt, or manufacture of dietary supplements, vitamins, minerals, herbs, or other similar substances, including concentrates or extracts, which are not otherwise prohibited by law, and which may contain naturally occurring amounts of chemicals or substances listed in this chapter, or in rules adopted pursuant to Title 63G, Chapter 3, 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) The purchase, sale, transfer, receipt, or manufacture of a product that contains a precursor chemical listed in Subsection 58-37c-3(1)(ff) or (gg) and that is not intended for human consumption is exempt from licensure or regulation and is not subject to criminal penalties under this chapter.
Amended by Chapter 262, 2013 General Session
Amended by Chapter 413, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 9 - Term of license -- Expiration -- Renewal.

58-37c-9.
Term of license -- Expiration -- Renewal.
(1) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Repealed and Re-enacted by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 10 - Reporting and recordkeeping.

58-37c-10.
Reporting and recordkeeping.
(1) Any person who engages in a regulated transaction, unless excepted under the provisions of Subsections 58-37c-8(3) and (4), shall submit a report with respect to such transaction and shall maintain records of inventories in accordance with rules adopted by the division.
(2) The division shall provide reporting forms upon which regulated transactions shall be reported.
(3) The division shall furnish copies of reports of transactions under this section to appropriate law enforcement agencies.
(4) The division shall adopt rules regulating:
(a) records which shall be maintained and reports which shall be submitted by regulated distributors and regulated purchasers with respect to listed controlled substance precursors obtained, distributed, and held in inventory;
(b) records which shall be maintained and reports which shall be submitted by regulated distributors and regulated purchasers with respect to extraordinary or unusual regulated transactions and a requirement that in such cases the report must be received at least three working days prior to transfer of the listed controlled substance precursor;
(c) identification which must be presented by a purchaser of any listed controlled substance precursor before the sale or transfer can be completed and recordkeeping requirements related to such identification presented;
(d) filing by each licensee the identification of all locations where any listed controlled substance precursor is held in inventory or stored and amending such filing when any change in location is made;
(e) reports and actions which must be taken by a regulated distributor or regulated purchaser in the event of any theft, loss, or shortage of a listed controlled substance precursor;
(f) reports and actions which must be taken by a regulated distributor relating to a regulated transaction with an out-of-state purchaser;
(g) reports and actions which must be taken by a regulated purchaser relating to a regulated transaction with an out-of-state distributor; and
(h) regulated transactions to the extent such regulation is reasonable and necessary to protect the public health, safety, or welfare.
(5) A person who engages in a regulated transaction may not accept a driving privilege card issued in accordance with Section 53-3-207 as proof of identification as required under Subsection (4)(c).
Amended by Chapter 322, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 11 - Penalty for unlawful conduct.

58-37c-11.
Penalty for unlawful conduct.
(1) A person who violates the unlawful conduct provision defined in Subsections 58-37c-3(11)(a) through (j) is guilty of a class A misdemeanor.
(2) A person who violates the unlawful conduct provisions defined in Subsection 58-37c-3(11)(k) is guilty of a second degree felony.
Amended by Chapter 262, 2013 General Session
Amended by Chapter 413, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 12 - Grounds for denial of license -- Disciplinary proceedings.

58-37c-12.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401.
Repealed and Re-enacted by Chapter 297, 1993 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 13 - License does not authorize possession of controlled substances.

58-37c-13.
License does not authorize possession of controlled substances.
Nothing in the provisions of this chapter shall authorize persons not licensed under provisions of Title 58, Chapter 37, Utah Controlled Substances Act, to distribute, possess, dispense, administer, or otherwise deal in controlled substances as defined in the Utah Controlled Substance Act.
Enacted by Chapter 155, 1992 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 14 - Emergency listing provision.

58-37c-14.
Emergency listing provision.
(1) Upon a written finding of cause by the director that the listing of a chemical as a controlled substance precursor is necessary to protect the public health, safety, or welfare, the director may make an emergency listing of that chemical as a controlled substance precursor by adopting a rule pursuant to the provisions of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) Such listing shall have effect until the close of the next immediately succeeding regular session of the Legislature. In the event the Legislature adopts the chemical as a controlled precursor by amendment to this chapter, the chemical shall remain listed under emergency provisions until the effective date of the amendment.
(3) Any violation of this chapter dealing with a controlled substance precursor listed under the emergency listing provisions of this section shall constitute a violation subject only to civil or administrative penalties.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 15 - Civil forfeiture.

Effective 5/3/2023
58-37c-15.
Civil forfeiture.
The following shall be subject to forfeiture in accordance with the procedures and substantive protections of Title 77, Chapter 11b, Forfeiture of Seized Property:
(1) all listed controlled substance precursor chemicals regulated under the provisions of this chapter which have been distributed, possessed, or are intended to be distributed or otherwise transferred in violation of any felony provision of this chapter; and
(2) all property used by any person to facilitate, aid, or otherwise cause the unlawful distribution, transfer, possession, or intent to distribute, transfer, or possess a listed controlled substance precursor chemical in violation of any felony provision of this chapter.
Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 16 - Civil penalties.

58-37c-16.
Civil penalties.
Any person who is a regulated distributor or a regulated purchaser who acts in violation of the provisions of Section 58-37c-10 in addition to any criminal penalties, shall be subject to a civil penalty of not more than $25,000 for each offense.
Enacted by Chapter 155, 1992 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 17 - Inspection authority.

58-37c-17.
Inspection authority.
For the purpose of inspecting, copying, and auditing records and reports required under this chapter and rules adopted pursuant thereto, and for the purpose of inspecting and auditing inventories of listed controlled substance precursors, the director, or his authorized agent, and law enforcement personnel of any federal, state, or local law enforcement agency is authorized to enter the premises of regulated distributors and regulated purchasers during normal business hours to conduct administrative inspections.
Amended by Chapter 278, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 18 - Recordkeeping requirements for sale of crystal iodine.

58-37c-18.
Recordkeeping requirements for sale of crystal iodine.
(1) Any person licensed to engage in a regulated transaction and who sells crystal iodine to another person shall:
(a) comply with the recordkeeping requirements of Section 58-37c-10;
(b) require photo identification of the purchaser;
(c) obtain from the purchaser a signature on a certificate of identification provided by the seller; and
(d) obtain from the purchaser a legible fingerprint, preferably of the right thumb, which shall be placed on the certificate next to the purchaser's signature.
(2) Any failure to comply with Subsection (1) is a class B misdemeanor.
Amended by Chapter 21, 1999 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 19 - Possession or sale of crystal iodine.

58-37c-19.
Possession or sale of crystal iodine.
(1) A person licensed to engage in a regulated transaction is guilty of a class B misdemeanor who, under circumstances not amounting to a violation of Subsection 58-37d-4(1)(c), offers to sell, sells, or distributes more than two ounces of crystal iodine to another person who is:
(a) not licensed as a regulated purchaser of crystal iodine;
(b) not excepted from licensure; or
(c) not excepted under Subsection (3).
(2) A person who is not licensed to engage in regulated transactions and not excepted from licensure is guilty of a class A misdemeanor who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or Subsection 58-37d-4(1)(a):
(a) possesses more than two ounces of crystal iodine; or
(b) offers to sell, sells, or distributes crystal iodine to another person.
(3) Subsection (2)(a) does not apply to:
(a) a chemistry laboratory maintained by:
(i) a public or private regularly established secondary school; or
(ii) a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;
(b) a veterinarian licensed to practice under Title 58, Chapter 28, Veterinary Practice Act; or
(c) a general acute hospital.
Amended by Chapter 262, 2013 General Session
Amended by Chapter 413, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 19.5 - Iodine solution greater than 1.5% -- Prescription or permit required -- Penalties.

Effective 7/1/2017
58-37c-19.5.
Iodine solution greater than 1.5% -- Prescription or permit required -- Penalties.
(1) As used in this section, "iodine matrix" means iodine at concentrations greater than 1.5% by weight in a matrix or solution.
(2) A person may offer to sell, sell, or distribute an iodine matrix only:
(a) as a prescription drug, pursuant to a prescription issued by a veterinarian or physician licensed within the state; or
(b) to a person who is actively engaged in the legal practice of animal husbandry of livestock, as defined in Section 4-1-109.
(3) Prescriptions issued under this section:
(a) shall provide for a specified number of refills;
(b) may be issued by electronic means, in accordance with Title 58, Chapter 17b, Pharmacy Practice Act; and
(c) may be filled by a person other than the veterinarian or physician issuing the prescription.
(4) A retailer offering iodine matrix for sale:
(a) shall store the iodine matrix so that the public does not have access to the iodine matrix without the direct assistance or intervention of a retail employee;
(b) shall keep a record, which may consist of sales receipts, of each person purchasing iodine matrix; and
(c) may, if necessary to ascertain the identity of the purchaser, ask for proof of identification from the purchaser.
(5) A person engaging in a regulated transaction under Subsection (2) is guilty of a class B misdemeanor if the person, under circumstances not amounting to a violation of Subsection 58-37d-4(1)(c), offers to sell, sells, or distributes an iodine matrix to a person who:
(a) does not present a prescription or is not engaged in animal husbandry, as required under Subsection (2); or
(b) is not excepted under Subsection (7).
(6) A person is guilty of a class A misdemeanor who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or 58-37d-4(1)(a):
(a) possesses an iodine matrix without proof of obtaining the solution in compliance with Subsection (2); or
(b) offers to sell, sells, or distributes an iodine matrix in violation of Subsection (2).
(7) Subsection (6)(a) does not apply to:
(a) a chemistry or chemistry-related laboratory maintained by:
(i) a public or private regularly established secondary school; or
(ii) a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;
(b) a veterinarian licensed to practice under Title 58, Chapter 28, Veterinary Practice Act;
(c) a general acute hospital; or
(d) a veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons who possesses an iodine matrix in the regular course of lawful business activities.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 19.7 - Red phosphorus is a precursor -- Affirmative defense.

58-37c-19.7.
Red phosphorus is a precursor -- Affirmative defense.
(1) A person is guilty of a class A misdemeanor who is not licensed to engage in a regulated transaction and is not excepted from licensure who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or 58-37d-4(1)(a), possesses any amount of red phosphorus.
(2) It is an affirmative defense to a charge under Subsection (1) that the person in possession of red phosphorus:
(a) is conducting a licensed business that involves red phosphorus in the manufacture of any of the following:
(i) the striking surface used for lighting matches, which is sometimes referred to as the striker plate;
(ii) flame retardant in polymers; or
(iii) fireworks, for which the person or entity possesses a federal license to manufacture explosives as required under 27 CFR Chapter II, Part 555, Commerce in Explosives; or
(b)
(i) is a wholesaler, manufacturer, warehouseman, or common carrier handling red phosphorus, or is an agent of any of these persons; and
(ii) possesses the substances in the regular course of lawful business activities.
(3)
(a) A defendant shall provide written notice of intent to claim an affirmative defense under this section as soon as practicable, but not later than 10 days prior to trial. The court may waive the notice requirement in the interest of justice for good cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
(b) The notice shall include the specifics of the affirmative defense.
(c) The defendant shall establish the affirmative defense by a preponderance of the evidence. If the defense is established, it is a complete defense to the charges.
(4) Subsection (1) does not apply to:
(a) a chemistry or chemistry-related laboratory maintained by:
(i) a public or private regularly established secondary school; or
(ii) a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education; or
(b) a retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons who possesses red phosphorus in the regular course of lawful business activities.
Amended by Chapter 262, 2013 General Session
Amended by Chapter 413, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 19.9 - Anhydrous ammonia is a precursor -- Requirements regarding purposes and containers.

58-37c-19.9.
Anhydrous ammonia is a precursor -- Requirements regarding purposes and containers.
(1) A person is guilty of a class A misdemeanor who is not licensed to engage in a regulated transaction and is not excepted from licensure or exempted under Subsection (2), and who possesses any amount of anhydrous ammonia under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or 58-37d-4(1)(a).
(2) A person who possesses anhydrous ammonia has an affirmative defense to a charge under Subsection (1) if the person is:
(a) directly involved in or actively operating land in agricultural use as defined in Section 59-2-502;
(b) a retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons, who possesses anhydrous ammonia in the regular course of lawful business activities;
(c) directly involved in or actively operating a business or other lawful activity providing or using anhydrous ammonia for refrigeration applications; or
(d) directly involved in or actively operating a lawful business enterprise, including an industrial enterprise, that uses anhydrous ammonia in the regular course of its business activities.
Amended by Chapter 262, 2013 General Session
Amended by Chapter 413, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 20 - Possession of ephedrine, pseudoephedrine, or phenylpropanolamine -- Penalties.

58-37c-20.
Possession of ephedrine, pseudoephedrine, or phenylpropanolamine -- Penalties.
(1) A person is guilty of a class A misdemeanor:
(a) who is not licensed to engage in regulated transactions and is not excepted from licensure; and
(b) who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or Subsection 58-37d-4(1)(a), possesses more than 9 grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances.
(2) It is an affirmative defense to a charge under Subsection (1) that the person in possession of ephedrine, pseudoephedrine, phenylpropanolamine, or a combination of these two substances:
(a)
(i) is a physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons; and
(ii) possesses the substances in the regular course of lawful business activities; or
(b) possesses the substance pursuant to a valid prescription as defined in Section 58-37-2.
(3)
(a) A defendant shall provide written notice of intent to claim an affirmative defense under this section as soon as practicable, but not later than 10 days prior to trial. The court may waive the notice requirement in the interest of justice for good cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
(b) The notice shall include the specifics of the asserted defense.
(c) The defendant shall establish the affirmative defense by a preponderance of the evidence. If the defense is established, it is a complete defense to the charges.
(4) This section does not apply to dietary supplements, herbs, or other natural products, including concentrates or extracts, which:
(a) are not otherwise prohibited by law; and
(b) may contain naturally occurring ephedrine, ephedrine alkaloids, or pseudoephedrine, or their salts, isomers, or salts of isomers, or a combination of these substances, that:
(i) are contained in a matrix of organic material; and
(ii) do not exceed 15% of the total weight of the natural product.
Amended by Chapter 262, 2013 General Session
Amended by Chapter 413, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37c - Utah Controlled Substance Precursor Act › Section 21 - Department of Public Safety enforcement authority.

Effective 5/4/2022
58-37c-21.
Department of Public Safety enforcement authority.
(1) As used in this section, "division" means the Criminal Investigations and Technical Services Division of the Department of Public Safety, created in Section 53-10-103.
(2) The division has authority to enforce this chapter. To carry out this purpose, the division may:
(a) inspect, copy, and audit records, inventories of controlled substance precursors, and reports required under this chapter and rules adopted under this chapter;
(b) enter the premises of regulated distributors and regulated purchasers during normal business hours to conduct administrative inspections;
(c) assist the law enforcement agencies of the state in enforcing this chapter;
(d) conduct investigations to enforce this chapter;
(e) present evidence obtained from investigations conducted in conjunction with appropriate county and district attorneys and the Office of the Attorney General for civil or criminal prosecution or for administrative action against a licensee; and
(f) work in cooperation with the Division of Professional Licensing, created under Section 58-1-103, to accomplish the purposes of this section.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37d - Clandestine Drug Lab Act › Section 2 - Purpose.

Effective 5/14/2019
58-37d-2.
Purpose.
The clandestine production of methamphetamine, other amphetamines, phencyclidine, narcotic analgesic analogs, so-called "designer drugs," various hallucinogens, concentrated tetrahydrocannabinols, counterfeit opioids, cocaine and methamphetamine, base "crack" cocaine and methamphetamine "ice" respectively, has increased dramatically throughout the western states and Utah. These highly technical illegal operations create substantial dangers to the general public and environment from fire, explosions, and the release of toxic chemicals. By their very nature these activities often involve a number of persons in a conspiratorial enterprise to bring together all necessary components for clandestine production, to thwart regulation and detection, and to distribute the final product. Therefore, the Legislature enacts the following Utah Clandestine Laboratory Act for prosecution of specific illegal laboratory operations. With regard to the controlled substances specified herein, this act shall control, notwithstanding the prohibitions and penalties in Title 58, Chapter 37, Utah Controlled Substances Act.
Amended by Chapter 420, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37d - Clandestine Drug Lab Act › Section 4 - Prohibited acts -- Second degree felony.

Effective 5/14/2019
58-37d-4.
Prohibited acts -- Second degree felony.
(1) It is unlawful for any person to knowingly or intentionally:
(a) possess a controlled substance or a controlled substance precursor with the intent to engage in a clandestine laboratory operation;
(b) possess laboratory equipment or supplies with the intent to engage in a clandestine laboratory operation;
(c) sell, distribute, or otherwise supply a controlled substance, controlled substance precursor, laboratory equipment, or laboratory supplies, knowing or having reasonable cause to believe any of these items will be used for a clandestine laboratory operation;
(d) evade the recordkeeping provisions of Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, knowing or having reasonable cause to believe that the material distributed or received will be used for a clandestine laboratory operation;
(e) conspire with or aid another to engage in a clandestine laboratory operation;
(f) produce or manufacture, or possess with intent to produce or manufacture a controlled or counterfeit substance except as authorized under Title 58, Chapter 37, Utah Controlled Substances Act;
(g) transport or convey a controlled or counterfeit substance with the intent to distribute or to be distributed by the person transporting or conveying the controlled or counterfeit substance or by another person regardless of whether the final destination for the distribution is within this state or another location; or
(h) engage in compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of any substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, knowing or having reasonable cause to believe that the substance is a product of any of these activities and will be used in the illegal manufacture of specified controlled substances.
(2) A person who violates Subsection (1) is guilty of a second degree felony punishable by imprisonment for an indeterminate term of not less than three years nor more than 15 years.
Amended by Chapter 420, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37d - Clandestine Drug Lab Act › Section 5 - Prohibited acts -- First degree felony.

Effective 5/14/2019
58-37d-5.
Prohibited acts -- First degree felony.
(1) A person who violates Subsection 58-37d-4(1)(a), (b), (e), (f), or (h) is guilty of a first degree felony if the trier of fact also finds any one of the following conditions occurred in conjunction with that violation:
(a) possession of a firearm;
(b) use of a booby trap;
(c) illegal possession, transportation, or disposal of hazardous or dangerous material or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment;
(d) intended laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school;
(e) clandestine laboratory operation actually produced any amount of a specified controlled substance or a counterfeit opioid; or
(f) intended clandestine laboratory operation was for the production of cocaine base or methamphetamine base.
(2) If the trier of fact finds that two or more of the conditions listed in Subsections (1)(a) through (f) of this section occurred in conjunction with the violation, at sentencing for the first degree felony:
(a) probation shall not be granted;
(b) the execution or imposition of sentence shall not be suspended; and
(c) the court shall not enter a judgment for a lower category of offense.
Amended by Chapter 420, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37d - Clandestine Drug Lab Act › Section 6 - Legal inference of intent -- Illegal possession of a controlled substance precursor or clandestine laboratory equipment.

Effective 5/14/2019
58-37d-6.
Legal inference of intent -- Illegal possession of a controlled substance precursor or clandestine laboratory equipment.
The trier of fact may infer that a defendant intended to engage in a clandestine laboratory operation if the defendant:
(1) is in illegal possession of a controlled substance precursor; or
(2) illegally possesses or attempts to illegally possess a controlled substance or controlled substance precursor and is in possession of any one of the following pieces of equipment:
(a) glass reaction vessel;
(b) separatory funnel;
(c) glass condenser;
(d) analytical balance;
(e) heating mantle;
(f) pill press machine or similar device;
(g) closed loop extraction system;
(h) extraction tube; or
(i) rotary evaporator.
Amended by Chapter 420, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37d - Clandestine Drug Lab Act › Section 7 - Seizure and forfeiture.

Effective 5/3/2023
58-37d-7.
Seizure and forfeiture.
Chemicals, equipment, supplies, vehicles, aircraft, vessels, and personal and real property used in furtherance of a clandestine laboratory operation are subject to seizure and forfeiture under the procedures and substantive protections of Title 77, Chapter 11a, Seizure of Property and Contraband, and Title 77, Chapter 11b, Forfeiture of Seized Property.
Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37d - Clandestine Drug Lab Act › Section 8 - Applicability of Title 76 prosecutions under this chapter.

58-37d-8.
Applicability of Title 76 prosecutions under this chapter.
Unless specifically excluded in or inconsistent with the provisions of this chapter, the provisions of Title 76, Chapter 1, General Provisions, Chapter 2, Principles of Criminal Responsibility, Chapter 3, Punishments, and Chapter 4, Inchoate Offenses, are fully applicable to prosecutions under this chapter.
Enacted by Chapter 64, 1997 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 37d - Clandestine Drug Lab Act › Section 9 - Department of Public Safety enforcement authority.

Effective 5/4/2022
58-37d-9.
Department of Public Safety enforcement authority.
(1) As used in this section, "division" means the Criminal Investigations and Technical Services Division of the Department of Public Safety, created in Section 53-10-103.
(2) The division has authority to enforce this chapter. To carry out this purpose, the division may:
(a) assist the law enforcement agencies of the state in enforcing this chapter;
(b) conduct investigations to enforce this chapter;
(c) present evidence obtained from investigations conducted in conjunction with appropriate county and district attorneys and the Office of the Attorney General for civil or criminal prosecution or for administrative action against a licensee; and
(d) work in cooperation with the Division of Professional Licensing, created under Section 58-1-103, to accomplish the purposes of this section.
Amended by Chapter 415, 2022 General Session