Overdose Amendments

17
58-37-8
76-3-203.11
HB0295
HB0301
76-18-207 (05/06/26)
58-37a-6 (05/06/26)
58-37b-8 (05/06/26)
76-3-203.11 (05/06/26)
0
Overdose Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol S. Moss
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill concerns criminal provisions relating to an overdose.
Highlighted Provisions:
This bill:
defines terms;
amends the affirmative defense based on reporting an overdose event, including to clarify
that the affirmative defense may apply to:
an individual who remains with the individual experiencing the overdose event; and
the individual experiencing the overdose event;
creates an option for a dismissal of certain first-time drug offenses under circumstances
applicable to the overdose affirmative defense;
amends the sentencing mitigating factor based on reporting an overdose event, including
to clarify that the mitigating factor may apply to:
an individual who remains with the individual experiencing the overdose event; and
the individual experiencing the overdose event;
includes a coordination clause to coordinate changes between this bill and H.B. 301, Drug
Recodification, if both bills pass and become law; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
58-37-8
, as last amended by Laws of Utah 2025, Chapters 141, 173, 198, 208, and 305
76-3-203.11
, as last amended by Laws of Utah 2023, Chapters 310, 330
Utah Code Sections Affected by Coordination Clause:
58-37a-6 (05/06/26)
, as as renumbered to 76-18-303 in H.B. 301 (2026)
58-37b-8 (05/06/26)
, as as renumbered to 76-18-402 in H.B. 301 (2026)
76-3-203.11 (05/06/26)
, as last amended by Laws of Utah 2023, Chapters 310, 330
76-18-207 (05/06/26)
, as as enacted in H.B. 301 (2026)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-37-8
is amended to read:
58-37-8
. Prohibited acts -- Penalties -- Defenses -- Dismissal option.
(1)
Prohibited acts A -- Penalties and reporting:
(a)
Except as authorized by this chapter, and under circumstances not amounting to an
offense described in Section
58-37-8.1
, trafficking of fentanyl or a fentanyl-related
substance, it is unlawful for a 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 that results in a
violation of this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter
37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled
Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a
felony; and
(B)
the violation is a part of a continuing series of two or more violations of this
chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation
Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor
Act, or Chapter 37d, Clandestine Drug Lab Act, 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.
(b)
A person convicted of violating Subsection
(1)(a)
with respect to:
(i)
a substance or a counterfeit of a substance classified in Schedule I or II, a
controlled substance analog, or gammahydroxybutyric acid as listed in Schedule
III is guilty of a second degree felony, punishable by imprisonment for not more
than 15 years, and upon a second or subsequent conviction is guilty of a first
degree felony;
(ii)
a substance or a counterfeit of a substance classified in Schedule III or IV, or
marijuana, or a substance listed in Section
58-37-4.2
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 or a counterfeit of 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)
(i)
Except as provided in Subsection
(1)(c)(iii)
, a 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 described in Subsection
(1)(c)(ii)
and
Title 76,
Chapter 3, Punishments
.
(ii)
The court shall impose an indeterminate prison term for a person who has been
convicted of a violation of Subsection
(1)(a)(ii)
or
(iii)
that is a first degree felony
or a second degree felony if the trier of fact finds beyond a reasonable doubt that,
during the commission or furtherance of the violation, the person intentionally or
knowingly:
(A)
used, drew, or exhibited a dangerous weapon, as that term is defined in
Section
76-11-101
, that is not a firearm, in an angry, threatening, intimidating,
or coercive manner;
(B)
used a firearm, as that term is defined in Section
76-11-101
, or had a firearm
readily accessible for immediate use, as that term is defined in Section
76-11-201
; or
(C)
distributed a firearm, as that term is defined in Section
76-11-101
, or
possessed a firearm with intent to distribute the firearm.
(iii)
Notwithstanding Subsection
(1)(c)(ii)
, a court may suspend the indeterminate
prison term for a person convicted under Subsection
(1)(c)(ii)
if the court:
(A)
details on the record the reasons why it is in the interests of justice not to
impose the indeterminate prison term;
(B)
makes a finding on the record that the person does not pose a significant
safety risk to the public; and
(C)
orders the person to complete the terms and conditions of supervised
probation provided by the Department of Corrections.
(d)
(i)
A 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:
(A)
seven years and which may be for life; or
(B)
15 years and which may be for life if the trier of fact determined that the
defendant knew or reasonably should have known that any subordinate under
Subsection
(1)(a)(iv)(B)
was under 18 years old.
(ii)
Imposition or execution of the sentence may not be suspended, and the person is
not eligible for probation.
(iii)
Subsection
(1)(d)(i)(B)
does not apply to any defendant who, at the time of the
offense, was under 18 years old.
(e)
The Administrative Office of the Courts shall report to the Division of Professional
Licensing the name, case number, date of conviction, and if known, the date of birth
of each person convicted of violating Subsection
(1)(a)
.
(f)
(i)
A court shall impose the mandatory jail sentence described in Subsection
(1)(f)(ii)
, and may not suspend any portion of the jail sentence or grant early
release, if:
(A)
the court suspends the imposition of a prison sentence for a felony conviction
under Subsection
(1)(a)
or sentences a person for a misdemeanor violation of
an offense under Subsection
(1)(a)
;
(B)
(I)
the violation is the person's second or subsequent conviction for any
level of offense under Subsection
(1)(a)
; or
(II)
the person previously has been convicted of a criminal violation in another
jurisdiction, including a state or federal court, that is substantially
equivalent to the violation of an offense under Subsection
(1)(a)
; and
(C)
the person previously has been convicted of reentry of a removed alien under
8 U.S.C. Sec. 1326.
(ii)
The mandatory jail sentences referred to in Subsection
(1)(f)(i)
are:
(A)
for a felony or a class A misdemeanor, 360 days in jail;
(B)
for a class B misdemeanor, 180 days in jail; and
(C)
for a class C misdemeanor, 90 days in jail.
(iii)
(A)
Except as provided in Subsection
(1)(f)(iii)(B)
, a person who is subject to
a mandatory jail sentence under Subsection
(1)(f)(i)
may not be released to the
federal Immigration and Customs Enforcement Agency of the United States
Department of Homeland Security for deportation until the person has served
the entire jail sentence described in Subsection
(1)(f)(ii)
.
(B)
A person may be released to the federal Immigration and Customs
Enforcement Agency of the United States Department of Homeland Security
for deportation at any time during the 14-day period before the final day of the
person's jail sentence described in Subsection
(1)(f)(ii)
.
(2)
Prohibited acts B -- Penalties and reporting:
(a)
It is unlawful:
(i)
for a 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 the person's
professional practice, or as otherwise authorized by this chapter;
(ii)
for an owner, tenant, licensee, or person in control of a building, room, tenement,
vehicle, boat, aircraft, or other place to knowingly and intentionally permit a
person to occupy the building, room, tenement, vehicle, boat, aircraft, or other
place while the person is unlawfully manufacturing, possessing, using, or
distributing a controlled substance at that location; or
(iii)
for a person knowingly and intentionally to possess an altered or forged
prescription or written order for a controlled substance.
(b)
A 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; or
(ii)
a substance classified in Schedule I or II, or a controlled substance analog, is
guilty of a class A misdemeanor on a first or second conviction, and on a third or
subsequent conviction if each prior offense was committed within seven years
before the date of the offense upon which the current conviction is based is guilty
of a third degree felony.
(c)
Upon a person's conviction of a violation of this Subsection
(2)
subsequent to a
conviction under Subsection
(1)(a)
, that person shall be sentenced to a one degree
greater penalty than provided in this Subsection
(2)
.
(d)
(i)
A person who violates Subsection
(2)(a)(i)
with respect to all other controlled
substances not included in Subsection
(2)(b)(i)
or
(ii)
, including a substance listed
in Section
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor.
(ii)
Upon a third conviction the person is guilty of a class A misdemeanor, if each
prior offense was committed within seven years before the date of the offense
upon which the current conviction is based.
(iii)
Upon a fourth or subsequent conviction the person is guilty of a third degree
felony if each prior offense was committed within seven years before the date of
the offense upon which the current conviction is based.
(e)
A person convicted of violating Subsection
(2)(a)(i)
while inside the exterior
boundaries of property occupied by a correctional facility as defined in Section
64-13-1
or a public jail or other place of confinement shall be sentenced to a penalty
one degree greater than provided in Subsection
(2)(b)
, and if the conviction is with
respect to controlled substances as listed in:
(i)
Subsection
(2)(b)
, the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and:
(A)
the court shall additionally sentence the person convicted to a term of one year
to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate
term not to exceed five years to run consecutively and not concurrently; and
(ii)
Subsection
(2)(d)
, the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and the court shall additionally sentence
the person convicted to a term of six months to run consecutively and not
concurrently.
(f)
A person convicted of violating Subsection
(2)(a)(ii)
or
(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.
(g)
The Administrative Office of the Courts shall report to the Division of Professional
Licensing the name, case number, date of conviction, and if known, the date of birth
of each person convicted of violating Subsection
(2)(a)
.
(3)
Prohibited acts C -- Penalties:
(a)
It is unlawful for a 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 oneself 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 a person
known to be attempting to acquire or obtain possession of, or to procure the
administration of a controlled substance by misrepresentation or failure by the
person to disclose receiving a 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 a false or forged prescription or written order for a controlled substance,
or to utter the same, or to alter a prescription or written order issued or written
under the terms of this chapter; or
(iv)
to make, distribute, or possess a 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 a drug a counterfeit controlled
substance.
(b)
(i)
A first or second conviction under Subsection
(3)(a)(i)
,
(ii)
, or
(iii)
is a class A
misdemeanor.
(ii)
A third or subsequent conviction under Subsection
(3)(a)(i)
,
(ii)
, or
(iii)
is a third
degree felony.
(c)
A violation of Subsection
(3)(a)(iv)
is 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 that is unlawful under Subsection
(1)(a)
or Section
58-37b-4
is upon conviction subject to the penalties and classifications under this
Subsection
(4)
if the trier of fact finds the act is committed:
(i)
in a public or private elementary or secondary school or on the grounds of any of
those schools during the hours of 6 a.m. through 10 p.m.;
(ii)
in a public or private vocational school or postsecondary institution or on the
grounds of any of those schools or institutions during the hours of 6 a.m. through
10 p.m.;
(iii)
in or on the grounds of a preschool or child-care facility during the preschool's or
facility's hours of operation;
(iv)
in a public park, amusement park, arcade, or recreation center when the public or
amusement park, arcade, or recreation center is open to the public;
(v)
in or on the grounds of a house of worship as defined in Section
76-11-201
;
(vi)
in or on the grounds of a library when the library is open to the public;
(vii)
within an area that is within 100 feet of any structure, facility, or grounds
included in Subsections
(4)(a)(i)
through
(vi)
;
(viii)
in the presence of a person younger than 18 years old, regardless of where the
act occurs; or
(ix)
for the purpose of facilitating, arranging, or causing the transport, delivery, or
distribution of a substance in violation of this section to an inmate or on the
grounds of a correctional facility as defined in Section
76-8-311.3
.
(b)
(i)
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
(4)
would have
been a first degree felony.
(ii)
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)
(i)
If the violation is of Subsection
(4)(a)(ix)
:
(A)
the person may be sentenced to imprisonment for an indeterminate term as
provided by law, and the court shall additionally sentence the person convicted
for a term of one year to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate
term not to exceed five years to run consecutively and not concurrently; and
(ii)
the penalties under this Subsection
(4)(d)
apply also to a person who, acting with
the mental state required for the commission of an offense, directly or indirectly
solicits, requests, commands, coerces, encourages, or intentionally aids another
person to commit a violation of Subsection
(4)(a)(ix)
.
(e)
It is not a defense to a prosecution under this Subsection
(4)
that:
(i)
the actor mistakenly believed the individual to be 18 years old or older at the time
of the offense or was unaware of the individual's true age; or
(ii)
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)
A violation of this chapter for which no penalty is specified is a class B misdemeanor.
(6)
(a)
For purposes of penalty enhancement under Subsections
(1)
and
(2)
, a plea of
guilty or no contest to a violation or attempted violation of this section or a plea
which is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the
equivalent of a conviction, even if the charge has been subsequently reduced or
dismissed in accordance with the plea in abeyance agreement.
(b)
A prior conviction used for a penalty enhancement under Subsection
(2)
shall be a
conviction that is:
(i)
from a separate criminal episode than the current charge; and
(ii)
from a conviction that is separate from any other conviction used to enhance the
current charge.
(7)
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.
(8)
(a)
A penalty imposed for violation of this section is in addition to, and not in lieu of,
a civil or administrative penalty or sanction authorized by law.
(b)
When a 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.
(9)
In any prosecution for a violation of this chapter, evidence or proof that 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.
(10)
This section does not prohibit a veterinarian, in good faith and in the course of the
veterinarian's 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 the veterinarian's direction and supervision.
(11)
Civil or criminal liability may not be imposed under this section on:
(a)
a person registered under this chapter 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;
(b)
a law enforcement officer acting in the course and legitimate scope of the officer's
employment; or
(c)
a healthcare facility, substance use harm reduction services program, or drug
addiction treatment facility that temporarily possesses a controlled or counterfeit
substance to conduct a test or analysis on the controlled or counterfeit substance to
identify or analyze the strength, effectiveness, or purity of the substance for a public
health or safety reason.
(12)
(a)
Civil or criminal liability may not be imposed under this section on any Indian,
as defined in Section
58-37-2
, who uses, possesses, or transports peyote for bona fide
traditional ceremonial purposes in connection with the practice of a traditional Indian
religion as defined in Section
58-37-2
.
(b)
In a prosecution alleging violation of this section regarding peyote as defined in
Section
58-37-4
, it is an affirmative defense that the peyote was used, possessed, or
transported by an Indian for bona fide traditional ceremonial purposes in connection
with the practice of a traditional Indian religion.
(c)
(i)
The defendant shall provide written notice of intent to claim an affirmative
defense under this Subsection
(12)
as soon as practicable, but not later than 10
days before trial.
(ii)
The notice shall include the specific claims of the affirmative defense.
(iii)
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.
(d)
The defendant shall establish the affirmative defense under this Subsection
(12)
by a
preponderance of the evidence. If the defense is established, it is a complete defense
to the charges.
(13)
(a)
It is an affirmative defense that the person produced, possessed, or administered
a controlled substance listed in Section
58-37-4.2
if the person was:
(i)
engaged in medical research; and
(ii)
a holder of a valid license to possess controlled substances under Section
58-37-6
.
(b)
It is not a defense under Subsection
(13)(a)
that the person prescribed or dispensed a
controlled substance listed in Section
58-37-4.2
.
(14)
It is an affirmative defense that the person possessed, in the person's body, a controlled
substance listed in Section
58-37-4.2
if:
(a)
the person was the subject of medical research conducted by a holder of a valid
license to possess controlled substances under Section
58-37-6
; and
(b)
the substance was administered to the person by the medical researcher.
(15)
The application of any increase in penalty under this section to a violation of
Subsection
(2)(a)(i)
may not result in any greater penalty than a second degree felony.
This Subsection
(15)
takes precedence over any conflicting provision of this section.
(16)
(a)
As used in this Subsection
(16)
:
(i)
"Emergency medical service provider" means the same as that term is defined in
Section
53-2d-101
.
(ii)
"Overdosing victim" means the same as that term is defined in Section
76-3-203.11
.
(b)
It is
Subject to Subsection
(16)(e)
, an individual may assert
an affirmative defense
to an allegation of the commission of an offense listed in
Subsection
(16)(b)
that the
person or bystander
Subsection
(16)(c)
if, in the same course of events in which the
offense was committed, the individual
:
(i)
reasonably believes that the person or another person is experiencing an overdose
event due to the ingestion, injection, inhalation, or other introduction into the
human body of a controlled substance or other substance;
(ii)
(A)
reasonably believes that another individual is an overdosing victim;
(B)
except as provided in Subsection
(16)(d)
, in good faith
reports, or assists
a
person who reports, in good faith the overdose event
with the reporting of, the
need for assistance for the overdosing victim
to a medical provider, an
emergency medical service provider
as defined in Section
53-2d-101
, a law
enforcement officer, a 911 emergency call system, or an emergency dispatch
system
, or the person is the subject of a report made under this Subsection
(16)
;
(iii)
(C)
provides in the report under Subsection
(16)(a)(ii)
(16)(b)(i)(B)
a functional
description of the actual location of the overdose event that facilitates
responding to the
person experiencing the overdose event
overdosing victim
;
(iv)
(D)
if applicable to the circumstances,
remains at the location of the
person
experiencing the overdose event
overdosing victim
until a responding law
enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the
person experiencing an overdose event
overdosing victim
is located until a responding law enforcement officer arrives;

and
(v)
(E)
cooperates with the responding medical provider, emergency medical
service provider, and law enforcement officer, including providing information
regarding the
person experiencing the overdose event
overdosing victim
and
any substances the
person
overdosing victim
may have injected, inhaled, or
otherwise introduced into the
person's
overdosing victim's
body;
and
(vi)
is alleged to have committed the offense in the same course of events from
which the reported overdose arose.
(ii)
(A)
reasonably believes that another individual is an overdosing victim and
knows that a request for assistance for the overdosing victim is being made or
has been made;
(B)
remains at the location of the overdosing victim until a responding law
enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the overdosing victim is located until a
responding law enforcement officer arrives; and
(C)
cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information
regarding the overdosing victim and any substances the overdosing victim may
have injected, inhaled, or otherwise introduced into the overdosing victim's
body; or
(iii)
is the overdosing victim described in Subsection
(16)(b)(i)
or
(ii)
.
(b)
(c)
The offenses referred to in Subsection
(16)(a)
(16)(b)
are:
(i)
the possession or use of less than 16 ounces of marijuana
in violation of
Subsection
(2)(a)(i)
;
(ii)
the possession or use of a scheduled or listed controlled substance other than
marijuana
in violation of Subsection
(2)(a)(i)
; and
(iii)
any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
Imitation Controlled Substances Act.
(c)
(d)
As used in this Subsection
(16)
and in Section
76-3-203.11
, "good faith" does
not include seeking medical assistance under this section
An individual's request for
medical assistance for an overdosing victim
during the course of a law enforcement
agency's execution of a search warrant, execution of an arrest warrant, or other lawful
search
is not a good faith report under Subsection
(16)(b)(i)(B)
.
(e)
(i)
In a prosecution for an offense listed in Subsection
(16)(c)
, the prosecutor may
move the court to dismiss the charge if:
(A)
the individual qualifies for an affirmative defense under Subsection
(16)(b)
;
(B)
the charge for which the individual would be able to assert the affirmative
defense under Subsection
(16)(b)
is the individual's first time being charged
with the offense; and
(C)
after the day of the offense, but before the day on which the case is
adjudicated, the individual provides proof of a substance abuse evaluation and
the completion of any recommended treatment.
(ii)
An individual described in Subsection
(16)(e)(i)
may request a delay in the
individual's adjudication in order to have time to complete any requirements
described in Subsection
(16)(e)(i)(C)
.
(17)
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.
(18)
A legislative body of a political subdivision may not enact an ordinance that is less
restrictive than any provision of this chapter.
(19)
If a minor who is under 18 years old is found by a court to have violated this section or
Subsection
76-5-102.1(2)(b)
or
76-5-207(2)(b)
, the court may order the minor to
complete:
(a)
a screening as defined in Section
41-6a-501
;
(b)
an assessment as defined in Section
41-6a-501
if the screening indicates an
assessment to be appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment.
Section 2. Section
76-3-203.11
is amended to read:
76-3-203.11
. Reporting an overdose or being the victim of a reported overdose --
Mitigating factor.
(1)
It is a mitigating factor in sentencing for an offense under
Title 58, Chapter 37, Utah
Controlled Substances Act
, that the person or bystander:
As used in this section:
(a)
"Emergency medical service provider" means the same as that term is defined in
Section
53-2d-101
.
(b)
"Overdosing victim" means an individual who is, or appears to be, experiencing an
overdose event due to the ingestion, injection, inhalation, or other introduction into
the human body of a controlled substance or other substance.
(2)
An individual may assert a mitigating factor at sentencing if:
(a)
the individual is being sentenced for an offense under Title 58, Chapter 37, Utah
Controlled Substances Act; and
(b)
in the same course of events in which the offense described in Subsection
(2)(a)
was
committed, the individual:
(1)
reasonably believes that the person or another person is experiencing an overdose event
due to the ingestion, injection, inhalation, or other introduction into the human body of a
controlled substance or other substance;
(2)
(i)
reports, or assists a person who reports, in good faith the overdose event
(A)
reasonably believes that another individual is an overdosing victim;
(B)
except as provided in Subsection
(3)
, in good faith reports, or assists with the
reporting of, the need for assistance for the overdosing victim
to a medical
provider, an emergency medical service provider
as defined in Section
53-2d-101
, a law enforcement officer, a 911 emergency call system, or an
emergency dispatch system
, or the person is the subject of a report made
under this section
;
(3)
(C)
provides in the report under Subsection
(2)
(2)(b)(i)(B)
a functional
description of the location of the actual overdose event that facilitates
responding to the
person experiencing the overdose event
overdosing victim
;
(4)
(D)
if applicable to the circumstances,
remains at the location of the
person
experiencing the overdose event
overdosing victim
until a responding law
enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the
person experiencing an overdose event
overdosing victim
is located until a responding law enforcement officer arrives;

and
(5)
(E)
cooperates with the responding medical provider, emergency medical
service provider, and law enforcement officer, including providing information
regarding the
person experiencing the overdose event
overdosing victim
and
any substances the
person
overdosing victim
may have injected, inhaled, or
otherwise introduced into the
person's
overdosing victim's
body;
and
(6)
committed the offense in the same course of events from which the reported overdose
arose.
(ii)
(A)
reasonably believes that another individual is an overdosing victim and
knows that a request for assistance for the overdosing victim is being made or
has been made;
(B)
remains at the location of the overdosing victim until a responding law
enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the overdosing victim is located until a
responding law enforcement officer arrives; and
(C)
cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information
regarding the overdosing victim and any substances the overdosing victim may
have injected, inhaled, or otherwise introduced into the overdosing victim's
body; or
(iii)
is the overdosing victim described in Subsection
(2)(b)(i)
or
(ii)
.
(3)
An individual's request for medical assistance for an overdosing victim during the
course of a law enforcement agency's execution of a search warrant, execution of an
arrest warrant, or other lawful search is not a good faith report under Subsection
(2)(b)(i)(B)
.
Section 3.
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2),
May 6, 2026
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
Section 4.
Coordinating H.B. 295 with H.B. 301.
If H.B. 295, Overdose Amendments, and H.B. 301, Drug Recodification, both pass and
become law, the Legislature intends that, on May 6, 2026:
(1) Section 76-3-203.11 in H.B. 295 and H.B. 301 be amended to read:
"(1)
It is a mitigating factor in sentencing for an offense under Title 58, Chapter 37, Utah
Controlled Substances Act, that the person or bystander
As used in this section
:
(a) "Emergency medical service provider" means the same as that term is defined in
Section 53-2d-101.
(b) "Overdosing victim" means an individual who is, or appears to be, experiencing an
overdose event due to the ingestion, injection, inhalation, or other introduction into the human
body of a controlled substance or other substance.
(2) An individual may assert a mitigating factor at sentencing if:
(a) the individual is being sentenced for an offense under Chapter 18, Part 2, Offenses
Concerning Controlled Substances, or Title 58, Chapter 37, Controlled Substances; and
(b) in the same course of events in which the offense described in Subsection (2)(a) was
committed, the individual:
(1) reasonably believes that the person or another person is experiencing an overdose event
due to the ingestion, injection, inhalation, or other introduction into the human body of a
controlled substance or other substance;
(2) reports, or assists a person who reports, in good faith the overdose event
(i) (A) reasonably believes that another individual is an overdosing victim;
(B) except as provided in Subsection (3), in good faith reports, or assists with the
reporting of, the need for assistance for the overdosing victim
to a medical provider, an
emergency medical service provider
as defined in Section 53-2d-101
, a law enforcement
officer, a 911 emergency call system, or an emergency dispatch system
, or the person is the
subject of a report made under this section
;
(3)
(C)
provides in the report under Subsection
(2)
(2)(b)(i)(B)
a functional description of
the location of the actual overdose event that facilitates responding to the
person experiencing
the overdose event
overdosing victim
;
(4)
(D) if applicable to the circumstances,
remains at the location of the
person
experiencing the overdose event
overdosing victim
until a responding law enforcement officer
or emergency medical service provider arrives, or remains at the medical care facility where
the
person experiencing an overdose event
overdosing victim
is located until a responding
law enforcement officer arrives;
and
(5)
(E)
cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
person
experiencing the overdose event
overdosing victim
and any substances the
person
overdosing
victim
may have injected, inhaled, or otherwise introduced into the
person's
overdosing
victim's
body;
and
(6) committed the offense in the same course of events from which the reported overdose
arose.
(ii) (A) reasonably believes that another individual is an overdosing victim and knows
that a request for assistance for the overdosing victim is being made or has been made;

(B) remains at the location of the overdosing victim until a responding law enforcement
officer or emergency medical service provider arrives, or remains at the medical care facility
where the overdosing victim is located until a responding law enforcement officer arrives; and
(C) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
overdosing victim and any substances the overdosing victim may have injected, inhaled, or
otherwise introduced into the overdosing victim's body; or
(iii) is the overdosing victim described in Subsection (2)(b)(i) or (ii).
(3) An individual's request for medical assistance for an overdosing victim during the
course of a law enforcement agency's execution of a search warrant, execution of an arrest
warrant, or other lawful search is not a good faith report under Subsection (2)(b)(i)(B).";
(2) Subsection 76-18-207(1)(a) enacted in H.B. 301 be amended to read:
"(1) (a) As used in this section:
(i) "Correctional facility" means the same as that term is defined in Section 64-13-1.
(ii) "Emergency medical service provider" means the same as that term is defined in
Section 53-2d-101.
(iii) "Overdosing victim" means the same as that term is defined in Section
76-3-203.11.";
(3) Subsection 76-18-207(10) enacted in H.B. 301 be amended to read:
"(10) (a) Subject to Subsection (10)(d), an individual may assert an affirmative defense to a
violation of Subsection (2) under the circumstances listed in Subsection (10)(b) if, in the same
course of events in which the offense was committed, the individual:
(i) (A) reasonably believes that another individual is an overdosing victim;
(B) except as provided in Subsection (10)(c), in good faith reports, or assists with the
reporting of, the need for assistance for the overdosing victim to a medical provider, an
emergency medical service provider, a law enforcement officer, a 911 emergency call system,
or an emergency dispatch system;
(C) provides in the report described in Subsection (10)(a)(i)(B) a functional
description of the actual location of the overdose event that facilitates responding to the
overdosing victim;
(D) if applicable to the circumstances, remains at the location of the overdosing
victim until a responding law enforcement officer or emergency medical service provider
arrives, or remains at the medical care facility where the overdosing victim is located until a
responding law enforcement officer arrives; and
(E) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
overdosing victim and any substances the overdosing victim may have injected, inhaled, or
otherwise introduced into the overdosing victim's body;
(ii) (A) reasonably believes that another individual is an overdosing victim and knows
that a request for assistance for the overdosing victim is being made or has been made;
(B) remains at the location of the overdosing victim until a responding law
enforcement officer or emergency medical service provider arrives, or remains at the medical
care facility where the overdosing victim is located until a responding law enforcement officer
arrives; and
(C) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
overdosing victim and any substances the overdosing victim may have injected, inhaled, or
otherwise introduced into the overdosing victim's body; or
(iii) is the overdosing victim described in Subsection (10)(a)(i) or (ii).
(b) The circumstances referred to in Subsection (10)(a) are:
(i) the possession or use of less than 16 ounces of marijuana; or
(ii) the possession or use of a scheduled or listed controlled substance other than
marijuana.
(c) An individual's request for medical assistance for an overdosing victim during the
course of a law enforcement agency's execution of a search warrant, execution of an arrest
warrant, or other lawful search is not a good faith report under Subsection (10)(a)(i)(B).
(d) (i) In a prosecution for a violation of Subsection (2) under the circumstances listed in
Subsection (10)(b), the prosecutor may move the court to dismiss the charge if:
(A) the individual qualifies for an affirmative defense under Subsection (10)(a);
(B) the charge for which the individual would be able to assert the affirmative
defense under Subsection (10)(a) is the individual's first time being charged with the offense;
and
(C) after the day of the offense, but before the day on which the case is adjudicated,
the individual provides proof of a substance abuse evaluation and the completion of any
recommended treatment.
(ii) An individual described in Subsection (10)(d)(i) may request a delay in the
individual's adjudication in order to have time to complete any requirements described in
Subsection (10)(d)(i)(C).";
(4) Section 76-18-303 (renumbered from Section 58-37a-6) in H.B. 301 be amended to read:
"(1) (a) As used in this section:
(i) "Emergency medical service provider" means the same as that term is defined in
Section 53-2d-101.
(ii) "Overdosing victim" means the same as that term is defined in Section
76-3-203.11.
(b) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-301 apply to this
section.
(2)
Drug paraphernalia is subject to seizure and forfeiture in accordance with the
procedures and substantive protections of
:
(a)
Title 77, Chapter 11a, Seizure of Property and Contraband
,
;
and
(b)
Title 77, Chapter 11b, Forfeiture of Seized Property.
(3) (a) Subject to Subsection (3)(c), an individual may assert an affirmative defense to a
violation of an offense under this part if, in the same course of events in which the offense was
committed, the individual:
(i) (A) reasonably believes that another individual is an overdosing victim;
(B) except as provided in Subsection (3)(b), in good faith reports, or assists with
the reporting of, the need for assistance for the overdosing victim to a medical provider, an
emergency medical service provider, a law enforcement officer, a 911 emergency call system,
or an emergency dispatch system;
(C) provides in the report described in Subsection (3)(a)(i)(B) a functional
description of the actual location of the overdose event that facilitates responding to the
overdosing victim;
(D) if applicable to the circumstances, remains at the location of the overdosing
victim until a responding law enforcement officer or emergency medical service provider
arrives, or remains at the medical care facility where the overdosing victim is located until a
responding law enforcement officer arrives; and
(E) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
overdosing victim and any substances the overdosing victim may have injected, inhaled, or
otherwise introduced into the overdosing victim's body;
(ii) (A) reasonably believes that another individual is an overdosing victim and
knows that a request for assistance for the overdosing victim is being made or has been made;
(B) remains at the location of the overdosing victim until a responding law
enforcement officer or emergency medical service provider arrives, or remains at the medical
care facility where the overdosing victim is located until a responding law enforcement officer
arrives; and
(C) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
overdosing victim and any substances the overdosing victim may have injected, inhaled, or
otherwise introduced into the overdosing victim's body; or
(iii) is the overdosing victim described in Subsection (3)(a)(i) or (ii).
(b) An individual's request for medical assistance for an overdosing victim during the
course of a law enforcement agency's execution of a search warrant, execution of an arrest
warrant, or other lawful search is not a good faith report under Subsection (3)(a)(i)(B).
(c) (i) In a prosecution for a violation of an offense under this part, the prosecutor may
move the court to dismiss the charge if:
(A) the individual qualifies for an affirmative defense under Subsection (3)(a);
(B) the charge for which the individual would be able to assert the affirmative
defense under Subsection (3)(a) is the individual's first time being charged with the offense;
and
(C) after the day of the offense, but before the day on which the case is
adjudicated, the individual provides proof of a substance abuse evaluation and the completion
of any recommended treatment.
(ii) An individual described in Subsection (3)(c)(i) may request a delay in the
individual's adjudication in order to have time to complete any requirements described in
Subsection (3)(c)(i)(C)."; and
(5) Section 76-18-402 (renumbered from Section 58-37b-8) in H.B. 301 be amended to
read:
"(1) (a) As used in this section:
(i) "Emergency medical service provider" means the same as that term is defined in
Section 53-2d-101.
(ii) "Overdosing victim" means the same as that term is defined in Section
76-3-203.11.
(b) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-401 apply to this
section.
(2)
No civil or criminal liability shall be imposed by virtue of this
act
part
on
:
(a)
any person registered under
the
Title 58, Chapter 37,
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
(b) a
law enforcement officer acting in the course and legitimate scope of
that
the law
enforcement officer's
employment.
(3) (a) Subject to Subsection (3)(c), an individual may assert an affirmative defense to a
violation of an offense under this part if, in the same course of events in which the offense was
committed, the individual:
(i) (A) reasonably believes that another individual is an overdosing victim;
(B) except as provided in Subsection (3)(b), in good faith reports, or assists with
the reporting of, the need for assistance for the overdosing victim to a medical provider, an
emergency medical service provider, a law enforcement officer, a 911 emergency call system,
or an emergency dispatch system;
(C) provides in the report described in Subsection (3)(a)(i)(B) a functional
description of the actual location of the overdose event that facilitates responding to the
overdosing victim;
(D) if applicable to the circumstances, remains at the location of the overdosing
victim until a responding law enforcement officer or emergency medical service provider
arrives, or remains at the medical care facility where the overdosing victim is located until a
responding law enforcement officer arrives; and
(E) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
overdosing victim and any substances the overdosing victim may have injected, inhaled, or
otherwise introduced into the overdosing victim's body;
(ii) (A) reasonably believes that another individual is an overdosing victim and
knows that a request for assistance for the overdosing victim is being made or has been made;
(B) remains at the location of the overdosing victim until a responding law
enforcement officer or emergency medical service provider arrives, or remains at the medical
care facility where the overdosing victim is located until a responding law enforcement officer
arrives; and
(C) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
overdosing victim and any substances the overdosing victim may have injected, inhaled, or
otherwise introduced into the overdosing victim's body; or
(iii) is the overdosing victim described in Subsection (3)(a)(i) or (ii).
(b) An individual's request for medical assistance for an overdosing victim during the
course of a law enforcement agency's execution of a search warrant, execution of an arrest
warrant, or other lawful search is not a good faith report under Subsection (3)(a)(i)(B).
(c) (i) In a prosecution for a violation of an offense under this part, the prosecutor may
move the court to dismiss the charge if:
(A) the individual qualifies for an affirmative defense under Subsection (3)(a);
(B) the charge for which the individual would be able to assert the affirmative
defense under Subsection (3)(a) is the individual's first time being charged with the offense;
and
(C) after the day of the offense, but before the day on which the case is
adjudicated, the individual provides proof of a substance abuse evaluation and the completion
of any recommended treatment.
(ii) An individual described in Subsection (3)(c)(i) may request a delay in the
individual's adjudication in order to have time to complete any requirements described in
Subsection (3)(c)(i)(C).".
2-13-26 2:56 PM