Read the full stored bill text
665
4-5-107
4-41-402
4-41a-102
4-41a-302
4-41a-404
4-41a-801
4-41a-1107
4-41a-1203
4-41a-1204
4-45-104
10-8-47
17-72-101
19-6-902
26B-2-120
26B-2-229
26B-3-131
26B-4-201
26B-4-211
26B-4-212
26B-4-216
26B-4-220
26B-4-501
26B-4-513
29-2-102
32B-3-303
32B-5-301
32B-6-406.1
32B-7-202
32B-9-204
32B-10-404
34-41-101
34A-2-302
34A-2-410.5
35A-3-311
41-6a-501
41-6a-517
49-20-416
53-3-220
53-10-113
53-10-114
53-10-211
53-10-304
53G-8-205
53G-8-501
53G-8-505
58-1-501.7
58-5a-102
58-16a-601
58-17b-102
58-17b-103
58-17b-201
58-17b-502
58-17b-504
58-17b-609
58-17b-610.6
58-17b-610.7
58-17b-627
58-24b-102
58-28-502
58-31b-503
58-37-1
58-37-8
58-37-2
58-37-18
58-37-103
58-37-104
58-37-6
58-37-17
58-37-3
58-37-4
58-37-4.2
58-37-5.5
58-37-2.5
58-37-7
58-37-113
58-37-15
58-37-115
58-37-201
58-37-8.5
58-37-12
58-37-9
58-37-10
58-37-11
58-37-14
58-37-208
58-37-209
58-37-210
58-37-301
58-37-22
58-37-6.5
58-37-304
58-37-305
58-37-19
58-37-23
58-37-6.1
58-37-3.5
58-37-401
58-37-3.9
58-37-3.6
58-37-3.7
58-37-3.8
58-37a-1
58-37a-2
58-37a-7
58-37b-1
58-37b-9
58-37c-1
58-37c-2
58-37c-16
58-37c-3
58-37c-5
58-37c-6
58-37c-7
58-37c-8
58-37c-9
58-37c-10
58-37c-12
58-37c-13
58-37c-14
58-37c-15
58-37c-17
58-37c-21
58-37c-11
58-37c-201
58-37c-18
58-37c-19
58-37c-19.5
58-37c-19.7
58-37c-19.9
58-37c-20
58-37c-20.5
58-37d-1
58-37d-5
58-37d-8
58-37e-1
58-37e-2
58-37e-3
58-37e-4
58-37e-5
58-37e-6
58-37e-7
58-37e-8
58-37e-9
58-37e-10
58-37e-11
58-37e-12
58-37e-13
58-37e-14
58-37f-102
58-37f-201
58-37f-301
58-37f-303
58-37f-304
58-37f-401
58-37f-502
58-37f-702
58-37f-703
58-37f-704
58-38a-102
58-38a-203
58-38a-204
58-67-503
58-67a-1
58-68-503
58-71-102
58-73-601
58-88-202
63A-17-102
63G-7-202
63I-1-258
64-13-45
64-14-204
67-5-36
76-3-203.11
76-5-102.1
76-5-112.5
76-5-113
76-5-203
76-5-207
76-8-311.3
76-8-311.10
76-9-1110
76-9-1301
76-9-1505
76-11-217
76-11-301
76-11-302
76-17-401
76-18-101
76-18-102
76-18-201
76-18-202
76-18-203
76-18-204
76-18-205
76-18-206
76-18-207
76-18-208
76-18-209
76-18-210
76-18-211
76-18-212
76-18-213
76-18-214
76-18-215
76-18-216
76-18-217
76-18-218
76-18-219
58-37-8.1
58-37-8.2
58-37-8.3
58-37a-3
58-37a-4
58-37a-6
58-37a-5
76-18-305
76-18-306
58-37b-2
58-37b-8
58-37b-6
58-37b-4
76-18-405
58-37b-7
58-37d-3
58-37d-2
58-37d-9
58-37d-7
58-37d-6
58-37d-4
77-7-8
77-11a-101
77-11b-102
77-11c-101
77-23-210
77-23a-8
77-40a-101
77-40a-205
78A-2-231
78A-5-102
78A-5-201
78B-3-801
78B-4-504
78B-6-1101
78B-6-1107
78B-9-104
80-1-102
80-3-110
80-3-204
80-3-301
80-4-109
80-6-707
80-6-708
81-9-204
HB0301
SB0117
58-37-10 (07/01/26)
HB0301
HB0254
0
Drug Recodification
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill technically reorganizes, revises, and clarifies provisions relating to drugs.
Highlighted Provisions:
This bill:
technically reorganizes, revises, and clarifies provisions concerning drugs, including
moving certain criminal offenses concerning drugs from Title 58, Occupations and
Professions, into Title 76, Utah Criminal Code, and reorganizing remaining sections into
organized structures;
updates cross references;
adds coordination clauses to:
coordinate changes between this bill and S.B. 117, Occupational and Professional
Licensing Amendments, if both bills pass and become law; and
ensure the statutory numbering and renumbering made in this bill will be reflected in
any new language added to the Utah Code by legislation that passes in the 2026
General Session and becomes law; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
4-5-107
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 396
4-41-402
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapters 146, 327
4-41a-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
4-41a-302
Effective
05/06/26
, as last amended by Laws of Utah 2019, First Special
Session, Chapter 5
4-41a-404
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapters 273,
313 and 327
4-41a-801
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 114,
414
4-41a-1107
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapters 273, 307 and last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
4-41a-1203
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 114
4-41a-1204
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 414
4-45-104
Effective
05/06/26
, as enacted by Laws of Utah 2019, Chapter 329
10-8-47
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
17-72-101
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
19-6-902
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 327
26B-2-120
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 63
26B-2-229
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 305
26B-3-131
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 306
26B-4-201
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 392
26B-4-211
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 307
26B-4-212
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 307
26B-4-216
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 307
26B-4-220
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 273 and
renumbered and amended by Laws of Utah 2023, Chapter 307 and last amended by
Coordination Clause, Laws of Utah 2023, Chapter 307
26B-4-501
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
340 and 470
26B-4-513
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 507
29-2-102
Effective
05/06/26
, as last amended by Laws of Utah 2010, Chapter 276
32B-3-303
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
32B-5-301
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
32B-6-406.1
Effective
05/06/26
, as last amended by Laws of Utah 2017, Chapter 455
32B-7-202
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 162,
173
32B-9-204
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
32B-10-404
Effective
05/06/26
, as last amended by Laws of Utah 2011, Chapters 307,
334
34-41-101
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
34A-2-302
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 352
34A-2-410.5
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
35A-3-311
Effective
05/06/26
, as last amended by Laws of Utah 2015, Chapter 221
41-6a-501
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 197
41-6a-517
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 328
49-20-416
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 180
53-3-220
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 220
53-10-113
Effective
05/06/26
, as last amended by Laws of Utah 2010, Chapter 276
53-10-114
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapter 415
53-10-211
Effective
05/06/26
, as last amended by Laws of Utah 2016, Chapter 144
53-10-304
Effective
05/06/26
, as last amended by Laws of Utah 2010, Chapter 276
53G-8-205
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
53G-8-501
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2018,
Chapter 3
53G-8-505
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 161
58-1-501.7
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 328
58-5a-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 392
58-16a-601
Effective
05/06/26
, as last amended by Laws of Utah 2017, Chapter 292
58-17b-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 486
58-17b-103
Effective
05/06/26
, as last amended by Laws of Utah 2013, Chapters 262,
278
58-17b-201
Effective
05/06/26
, as last amended by Laws of Utah 2010, Chapter 287
58-17b-502
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapters 273,
317, 321, and 328
58-17b-504
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapter 415
58-17b-609
Effective
05/06/26
, as last amended by Laws of Utah 2020, Chapter 310
58-17b-610.6
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 210
58-17b-610.7
Effective
05/06/26
, as enacted by Laws of Utah 2017, Chapter 66
58-17b-627
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 513
58-24b-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 219
58-28-502
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 125
58-31b-503
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapter 415
58-37f-102
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 329
58-37f-201
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapters 329,
415
58-37f-301
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 214
58-37f-303
Effective
05/06/26
, as last amended by Laws of Utah 2021, Chapter 340
58-37f-304
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 507
58-37f-401
Effective
05/06/26
, as last amended by Laws of Utah 2018, Chapter 318
58-37f-502
Effective
05/06/26
, as last amended by Laws of Utah 2010, Chapter 391
and renumbered and amended by Laws of Utah 2010, Chapter 287
58-37f-702
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 329
58-37f-703
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 415
58-37f-704
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapter 116
58-38a-102
Effective
05/06/26
, as enacted by Laws of Utah 2010, Chapter 231
58-38a-203
Effective
05/06/26
, as last amended by Laws of Utah 2011, Chapters 12,
340
58-38a-204
Effective
05/06/26
, as last amended by Laws of Utah 2011, Chapter 12
58-67-503
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 443
58-67a-1
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 443
58-68-503
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 443
58-71-102
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 507
58-73-601
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapter 269
58-88-202
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 276
63A-17-102
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 397
63G-7-202
Effective
05/06/26
, as last amended by Laws of Utah 2014, Chapter 415
63I-1-258
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 236
64-13-45
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapters 245, 341
64-14-204
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 214
67-5-36
Effective
05/06/26
, as enacted by Laws of Utah 2020, Chapter 443
76-3-203.11
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapters 310,
330
76-5-102.1
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 471
76-5-112.5
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 330
76-5-113
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 330
76-5-203
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
204, 208, and 284
76-5-207
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 471
76-8-311.3
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
208
76-8-311.10
Effective
05/06/26
, as enacted by Laws of Utah 2024, Chapter 96
76-9-1110
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 173
76-9-1301
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 173
76-9-1505
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 173
76-11-217
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 208
76-11-301
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 173
76-11-302
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 208
76-17-401
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 173
77-7-8
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 133
77-11a-101
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 80
77-11b-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
208
77-11c-101
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 291
77-23-210
Effective
05/06/26
, as last amended by Laws of Utah 2018, Chapter 281
77-23a-8
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173, 174
77-40a-101
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
239
77-40a-205
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
208, 214, and 239
78A-2-231
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapters 273,
317 and 330 and last amended by Coordination Clause, Laws of Utah 2023, Chapter 330
78A-5-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 426
78A-5-201
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 434
78B-3-801
Effective
05/06/26
, as last amended by Laws of Utah 2010, Chapter 345
78B-4-504
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2008,
Chapter 3
78B-6-1101
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 15
78B-6-1107
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 141,
173, 174, 178, and 208
78B-9-104
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
174
80-1-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 426
80-3-110
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapters 273,
280, 317, and 330 and last amended by Coordination Clause, Laws of Utah 2023, Chapter 330
80-3-204
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 426
80-3-301
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 426
80-4-109
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 392
80-6-707
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
80-6-708
Effective
05/06/26
, as enacted by Laws of Utah 2021, Chapter 261
81-9-204
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 426
ENACTS:
58-37-103
Effective
05/06/26
, Utah Code Annotated 1953
58-37-104
Effective
05/06/26
, Utah Code Annotated 1953
58-37-113
Effective
05/06/26
, Utah Code Annotated 1953
58-37-115
Effective
05/06/26
, Utah Code Annotated 1953
58-37-201
Effective
05/06/26
, Utah Code Annotated 1953
58-37-208
Effective
05/06/26
, Utah Code Annotated 1953
58-37-209
Effective
05/06/26
, Utah Code Annotated 1953
58-37-210
Effective
05/06/26
, Utah Code Annotated 1953
58-37-301
Effective
05/06/26
, Utah Code Annotated 1953
58-37-304
Effective
05/06/26
, Utah Code Annotated 1953
58-37-305
Effective
05/06/26
, Utah Code Annotated 1953
58-37-401
Effective
05/06/26
, Utah Code Annotated 1953
58-37c-201
Effective
05/06/26
, Utah Code Annotated 1953
76-18-101
Effective
05/06/26
, Utah Code Annotated 1953
76-18-102
Effective
05/06/26
, Utah Code Annotated 1953
76-18-201
Effective
05/06/26
, Utah Code Annotated 1953
76-18-202
Effective
05/06/26
, Utah Code Annotated 1953
76-18-203
Effective
05/06/26
, Utah Code Annotated 1953
76-18-204
Effective
05/06/26
, Utah Code Annotated 1953
76-18-205
Effective
05/06/26
, Utah Code Annotated 1953
76-18-206
Effective
05/06/26
, Utah Code Annotated 1953
76-18-207
Effective
05/06/26
, Utah Code Annotated 1953
76-18-208
Effective
05/06/26
, Utah Code Annotated 1953
76-18-209
Effective
05/06/26
, Utah Code Annotated 1953
76-18-210
Effective
05/06/26
, Utah Code Annotated 1953
76-18-211
Effective
05/06/26
, Utah Code Annotated 1953
76-18-212
Effective
05/06/26
, Utah Code Annotated 1953
76-18-213
Effective
05/06/26
, Utah Code Annotated 1953
76-18-214
Effective
05/06/26
, Utah Code Annotated 1953
76-18-215
Effective
05/06/26
, Utah Code Annotated 1953
76-18-216
Effective
05/06/26
, Utah Code Annotated 1953
76-18-217
Effective
05/06/26
, Utah Code Annotated 1953
76-18-218
Effective
05/06/26
, Utah Code Annotated 1953
76-18-219
Effective
05/06/26
, Utah Code Annotated 1953
76-18-305
Effective
05/06/26
, Utah Code Annotated 1953
76-18-306
Effective
05/06/26
, Utah Code Annotated 1953
76-18-405
Effective
05/06/26
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
58-37-101
Effective
05/06/26
, (Renumbered from 58-37-2, as last amended by Laws
of Utah 2025, Chapter 396)
58-37-102
Effective
05/06/26
, (Renumbered from 58-37-18, as enacted by Laws of
Utah 1971, Chapter 145)
58-37-105
Effective
05/06/26
Partially Repealed
07/01/32
, (Renumbered from
58-37-6, as last amended by Laws of Utah 2022, Chapter 415)
58-37-106
Effective
05/06/26
, (Renumbered from 58-37-17, as last amended by
Laws of Utah 1987, Chapter 161)
58-37-107
Effective
05/06/26
, (Renumbered from 58-37-3, as last amended by Laws
of Utah 2011, Chapter 12)
58-37-108
Effective
05/06/26
, (Renumbered from 58-37-4, as last amended by Laws
of Utah 2025, Chapter 216)
58-37-109
Effective
05/06/26
, (Renumbered from 58-37-4.2, as last amended by
Laws of Utah 2020, Chapter 26)
58-37-110
Effective
05/06/26
, (Renumbered from 58-37-5.5, as last amended by
Laws of Utah 2008, Chapter 250)
58-37-111
Effective
05/06/26
, (Renumbered from 58-37-2.5, as last amended by
Laws of Utah 1990, Chapter 101)
58-37-112
Effective
05/06/26
, (Renumbered from 58-37-7, as last amended by Laws
of Utah 2024, Chapter 381)
58-37-114
Effective
05/06/26
, (Renumbered from 58-37-15, as last amended by
Laws of Utah 2025, Chapter 302)
58-37-202
Effective
05/06/26
, (Renumbered from 58-37-8.5, as enacted by Laws of
Utah 1997, Chapter 64)
58-37-203
Effective
05/06/26
, (Renumbered from 58-37-12, as last amended by
Laws of Utah 1997, Chapter 64)
58-37-204
Effective
05/06/26
, (Renumbered from 58-37-9, as last amended by Laws
of Utah 1995, Chapter 20)
58-37-205
Effective
05/06/26
, (Renumbered from 58-37-10, as last amended by
Laws of Utah 2013, Chapter 278)
58-37-206
Effective
05/06/26
, (Renumbered from 58-37-11, as last amended by
Laws of Utah 2024, Chapter 158)
58-37-207
Effective
05/06/26
, (Renumbered from 58-37-14, as enacted by Laws of
Utah 1971, Chapter 145)
58-37-302
Effective
05/06/26
, (Renumbered from 58-37-22, as last amended by
Laws of Utah 2023, Chapter 329)
58-37-303
Effective
05/06/26
, (Renumbered from 58-37-6.5, as last amended by
Laws of Utah 2023, Chapter 329)
58-37-306
Effective
05/06/26
, (Renumbered from 58-37-19, as last amended by
Laws of Utah 2024, Chapter 381)
58-37-307
Effective
05/06/26
, (Renumbered from 58-37-23, as enacted by Laws of
Utah 2023, Chapter 323)
58-37-308
Effective
05/06/26
, (Renumbered from 58-37-6.1, as enacted by Laws of
Utah 2025, Chapter 430)
58-37-309
Effective
05/06/26
Repealed
07/01/27
, (Renumbered from 58-37-3.5, as
last amended by Laws of Utah 2025, First Special Session, Chapter 9)
58-37-402
Effective
05/06/26
, (Renumbered from 58-37-3.9, as last amended by
Laws of Utah 2023, Chapter 329)
58-37-403
Effective
05/06/26
, (Renumbered from 58-37-3.6, as last amended by
Laws of Utah 2025, Chapter 114)
58-37-404
Effective
05/06/26
, (Renumbered from 58-37-3.7, as last amended by
Laws of Utah 2023, Chapter 329)
58-37-405
Effective
05/06/26
, (Renumbered from 58-37-3.8, as last amended by
Laws of Utah 2023, Chapters 273, 329)
58-37c-101
Effective
05/06/26
, (Renumbered from 58-37c-3, as last amended by Laws
of Utah 2024, Chapter 113)
58-37c-102
Effective
05/06/26
, (Renumbered from 58-37c-5, as last amended by Laws
of Utah 2022, Chapter 415)
58-37c-103
Effective
05/06/26
, (Renumbered from 58-37c-6, as last amended by Laws
of Utah 2022, Chapter 415)
58-37c-104
Effective
05/06/26
, (Renumbered from 58-37c-7, as last amended by Laws
of Utah 2010, Chapter 240)
58-37c-105
Effective
05/06/26
, (Renumbered from 58-37c-8, as last amended by Laws
of Utah 2013, Chapters 262, 413)
58-37c-106
Effective
05/06/26
, (Renumbered from 58-37c-9, as repealed and
reenacted by Laws of Utah 1993, Chapter 297)
58-37c-107
Effective
05/06/26
, (Renumbered from 58-37c-10, as last amended by
Laws of Utah 2008, Chapter 322)
58-37c-108
Effective
05/06/26
, (Renumbered from 58-37c-12, as repealed and
reenacted by Laws of Utah 1993, Chapter 297)
58-37c-109
Effective
05/06/26
, (Renumbered from 58-37c-13, as enacted by Laws of
Utah 1992, Chapter 155)
58-37c-110
Effective
05/06/26
, (Renumbered from 58-37c-14, as last amended by
Laws of Utah 2008, Chapter 382)
58-37c-111
Effective
05/06/26
, (Renumbered from 58-37c-15, as last amended by
Laws of Utah 2023, Chapter 448)
58-37c-112
Effective
05/06/26
, (Renumbered from 58-37c-17, as last amended by
Laws of Utah 2013, Chapter 278)
58-37c-113
Effective
05/06/26
, (Renumbered from 58-37c-21, as last amended by
Laws of Utah 2022, Chapter 415)
58-37c-114
Effective
05/06/26
, (Renumbered from 58-37c-11, as last amended by
Laws of Utah 2013, Chapters 262, 413)
58-37c-202
Effective
05/06/26
, (Renumbered from 58-37c-18, as last amended by
Laws of Utah 1999, Chapter 21)
58-37c-203
Effective
05/06/26
, (Renumbered from 58-37c-19, as last amended by
Laws of Utah 2013, Chapters 262, 413)
58-37c-204
Effective
05/06/26
, (Renumbered from 58-37c-19.5, as last amended
by Laws of Utah 2017, Chapter 345)
58-37c-205
Effective
05/06/26
, (Renumbered from 58-37c-19.7, as last amended
by Laws of Utah 2013, Chapters 262, 413)
58-37c-206
Effective
05/06/26
, (Renumbered from 58-37c-19.9, as last amended
by Laws of Utah 2013, Chapters 262, 413)
58-37c-207
Effective
05/06/26
, (Renumbered from 58-37c-20, as last amended by
Laws of Utah 2013, Chapters 262, 413)
58-37c-208
Effective
05/06/26
, (Renumbered from 58-37c-20.5, as enacted by
Laws of Utah 2007, Chapter 358)
58-37e-101
Effective
05/06/26
, (Renumbered from 58-37e-2, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-102
Effective
05/06/26
, (Renumbered from 58-37e-3, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-103
Effective
05/06/26
, (Renumbered from 58-37e-4, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-104
Effective
05/06/26
, (Renumbered from 58-37e-5, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-105
Effective
05/06/26
, (Renumbered from 58-37e-6, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-106
Effective
05/06/26
, (Renumbered from 58-37e-7, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-107
Effective
05/06/26
, (Renumbered from 58-37e-8, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-108
Effective
05/06/26
, (Renumbered from 58-37e-9, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-109
Effective
05/06/26
, (Renumbered from 58-37e-10, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-110
Effective
05/06/26
, (Renumbered from 58-37e-11, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-111
Effective
05/06/26
, (Renumbered from 58-37e-12, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-112
Effective
05/06/26
, (Renumbered from 58-37e-13, as enacted by Laws of
Utah 1997, Chapter 349)
58-37e-113
Effective
05/06/26
, (Renumbered from 58-37e-14, as enacted by Laws of
Utah 1997, Chapter 349)
76-18-220
Effective
05/06/26
, (Renumbered from 58-37-8.1, as enacted by Laws of
Utah 2025, Chapter 198)
76-18-221
Effective
05/06/26
, (Renumbered from 58-37-8.2, as renumbered and
amended by Laws of Utah 2025, Chapters 173, 173)
76-18-222
Effective
05/06/26
, (Renumbered from 58-37-8.3, as renumbered and
amended by Laws of Utah 2025, Chapter 173)
76-18-301
Effective
05/06/26
, (Renumbered from 58-37a-3, as last amended by Laws
of Utah 2023, Chapter 312)
76-18-302
Effective
05/06/26
, (Renumbered from 58-37a-4, as last amended by Laws
of Utah 2011, Chapter 101)
76-18-303
Effective
05/06/26
, (Renumbered from 58-37a-6, as last amended by Laws
of Utah 2023, Chapter 448)
76-18-304
Effective
05/06/26
, (Renumbered from 58-37a-5, as last amended by Laws
of Utah 2024, Chapter 143)
76-18-401
Effective
05/06/26
, (Renumbered from 58-37b-2, as last amended by
Laws of Utah 2010, Chapter 64)
76-18-402
Effective
05/06/26
, (Renumbered from 58-37b-8, as enacted by Laws of
Utah 1982, Chapter 32)
76-18-403
Effective
05/06/26
, (Renumbered from 58-37b-6, as last amended by
Laws of Utah 1986, Chapter 178)
76-18-404
Effective
05/06/26
, (Renumbered from 58-37b-4, as last amended by
Laws of Utah 1991, Chapter 241)
76-18-406
Effective
05/06/26
, (Renumbered from 58-37b-7, as last amended by
Laws of Utah 1991, Chapter 241)
76-18-501
Effective
05/06/26
, (Renumbered from 58-37d-3, as last amended by
Laws of Utah 2019, Chapter 420)
76-18-502
Effective
05/06/26
, (Renumbered from 58-37d-2, as last amended by
Laws of Utah 2019, Chapter 420)
76-18-503
Effective
05/06/26
, (Renumbered from 58-37d-9, as last amended by
Laws of Utah 2022, Chapter 415)
76-18-504
Effective
05/06/26
, (Renumbered from 58-37d-7, as last amended by
Laws of Utah 2023, Chapter 448)
76-18-505
Effective
05/06/26
, (Renumbered from 58-37d-6, as last amended by
Laws of Utah 2019, Chapter 420)
76-18-506
Effective
05/06/26
, (Renumbered from 58-37d-4, as last amended by
Laws of Utah 2019, Chapter 420)
REPEALS:
58-37-1
Effective
05/06/26
, as enacted by Laws of Utah 1971, Chapter 145
58-37-8
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 141, 173,
198, 208, and 305
58-37a-1
Effective
05/06/26
, as enacted by Laws of Utah 1981, Chapter 76
58-37a-2
Effective
05/06/26
, as enacted by Laws of Utah 1981, Chapter 76
58-37a-7
Effective
05/06/26
, as last amended by Laws of Utah 2017, Chapter 330
58-37b-1
Effective
05/06/26
, as enacted by Laws of Utah 1982, Chapter 32
58-37b-9
Effective
05/06/26
, as last amended by Laws of Utah 2017, Chapter 330
58-37c-1
Effective
05/06/26
, as repealed and reenacted by Laws of Utah 1992, Chapter
155
58-37c-2
Effective
05/06/26
, as repealed and reenacted by Laws of Utah 1992, Chapter
155
58-37c-16
Effective
05/06/26
, as enacted by Laws of Utah 1992, Chapter 155
58-37d-1
Effective
05/06/26
, as enacted by Laws of Utah 1992, Chapter 156
58-37d-5
Effective
05/06/26
, as last amended by Laws of Utah 2019, Chapter 420
58-37d-8
Effective
05/06/26
, as enacted by Laws of Utah 1997, Chapter 64
58-37e-1
Effective
05/06/26
, as enacted by Laws of Utah 1997, Chapter 349
Utah Code Sections Affected by Coordination Clause:
58-37-10 (07/01/26)
, as as renumbered to 58-37-205 in H.B. 301 (2026)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
4-5-107
is amended to read:
4-5-107
Effective
05/06/26
. Food containing vaccine.
(1)
As used in this section, "vaccine or vaccine material" means a substance that is:
(a)
intended for use in humans to stimulate the production of antibodies and provide
immunity against disease;
(b)
prepared from the causative agent of a disease, the disease's products, or a synthetic
substitute treated to act as an antigen without including the disease; and
(c)
authorized or approved by the United States Food and Drug Administration.
(2)
A food intended for human consumption that intentionally contains a vaccine or vaccine
material is considered a drug for purposes of this chapter, Section
26B-7-108
, and
Title
58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37, Controlled
Substances
.
Section 2. Section
4-41-402
is amended to read:
4-41-402
Effective
05/06/26
. Cannabinoid sales and use authorized.
(1)
The sale or use of a cannabinoid product is prohibited:
(a)
except as provided in this chapter; or
(b)
unless the United States Food and Drug Administration approves the product.
(2)
The department shall keep a list of registered cannabinoid products that the department
has determined, in accordance with Section
4-41-403
, are safe for human consumption.
(3)
(a)
A person may sell or use a cannabinoid product that is in the list of registered
cannabinoid products described in Subsection
(2)
.
(b)
An individual may use cannabidiol or a cannabidiol product that is not in the list of
registered cannabinoid products described in Subsection
(2)
if:
(i)
the individual purchased the product outside the state; and
(ii)
the product's contents do not violate
Title 58, Chapter 37, Utah Controlled
Substances Act
Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter
18, Part 2, Offenses Concerning Controlled Substances
.
(4)
Any marketing for a cannabinoid product shall include a notice to consumers that the
product is hemp or CBD and is not cannabis or medical cannabis, as those terms are
defined in Section
26B-4-201
.
(5)
A cannabinoid product that is designed to be inhaled shall include a warning on the
label regarding the possible health effects of inhaling cannabinoid products.
Section 3. Section
4-41a-102
is amended to read:
4-41a-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Adulterant" means any poisonous or deleterious substance in a quantity that may be
injurious to health, including:
(a)
pesticides;
(b)
heavy metals;
(c)
solvents;
(d)
microbial life;
(e)
artificially derived cannabinoid;
(f)
toxins; or
(g)
foreign matter.
(2)
"Advertise" or "advertising" means information provided by a person in any medium:
(a)
to the public; and
(b)
that is not age restricted to an individual who is at least 21 years old.
(3)
"Advisory board" means the Medical Cannabis Policy Advisory Board created in
Section
26B-1-435
.
(4)
(a)
"Anticompetitive business practice" means any practice that is an illegal
anticompetitive activity under Section
76-16-510
.
(b)
"Anticompetitive business practice" may include:
(i)
agreements that may be considered unreasonable when competitors interact to the
extent that they are:
(A)
no longer acting independently; or
(B)
when collaborating are able to wield market power together;
(ii)
monopolizing or attempting to monopolize trade by:
(A)
acting to maintain or acquire a dominant position in the market; or
(B)
preventing new entry into the market; or
(iii)
other conduct outlined in rule.
(5)
(a)
"Artificially derived cannabinoid" means a chemical substance that is created by a
chemical reaction that changes the molecular structure of any chemical substance
derived from the cannabis plant.
(b)
"Artificially derived cannabinoid" does not include:
(i)
a naturally occurring chemical substance that is separated from the cannabis plant
by a chemical or mechanical extraction process; or
(ii)
a cannabinoid that is produced by decarboxylation from a naturally occurring
cannabinoid acid without the use of a chemical catalyst.
(6)
"Batch" means a quantity of:
(a)
cannabis extract produced on a particular date and time and produced between
completion of equipment and facility sanitation protocols until the next required
sanitation cycle during which lots of cannabis are used;
(b)
cannabis product produced on a particular date and time and produced between
completion of equipment and facility sanitation protocols until the next required
sanitation cycle during which cannabis extract is used; or
(c)
cannabis flower packaged on a particular date and time and produced between
completion of equipment and facility sanitation protocols until the next required
sanitation cycle during which lots of cannabis are being used.
(7)
"Cannabis Research Review Board" means the Cannabis Research Review Board
created in Section
26B-1-420
.
(8)
"Cannabis" means the same as that term is defined in Section
26B-4-201
.
(9)
"Cannabis concentrate" means:
(a)
the product of any chemical or physical process applied to naturally occurring
biomass that concentrates or isolates the cannabinoids contained in the biomass; and
(b)
any amount of a natural cannabinoid or artificially derived cannabinoid in an
artificially derived cannabinoid's purified state.
(10)
"Cannabis cultivation byproduct" means any portion of a cannabis plant that is not
intended to be sold as a cannabis plant product.
(11)
"Cannabis cultivation facility" means a person that:
(a)
possesses cannabis;
(b)
grows or intends to grow cannabis; and
(c)
sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis
processing facility, or a medical cannabis research licensee.
(12)
"Cannabis cultivation facility agent" means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis
cultivation facility designation.
(13)
"Cannabis derivative product" means a product made using cannabis concentrate.
(14)
"Cannabis plant product" means any portion of a cannabis plant intended to be sold in
a form that is recognizable as a portion of a cannabis plant.
(15)
"Cannabis processing facility" means a person that:
(a)
acquires or intends to acquire cannabis from a cannabis production establishment;
(b)
possesses cannabis with the intent to manufacture a cannabis product;
(c)
manufactures or intends to manufacture a cannabis product from unprocessed
cannabis or a cannabis extract; and
(d)
sells or intends to sell a cannabis product to a medical cannabis pharmacy or a
medical cannabis research licensee.
(16)
"Cannabis processing facility agent" means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis
processing facility designation.
(17)
"Cannabis product" means the same as that term is defined in Section
26B-4-201
.
(18)
"Cannabis production establishment" means a cannabis cultivation facility, a cannabis
processing facility, or an independent cannabis testing laboratory.
(19)
"Cannabis production establishment agent" means a cannabis cultivation facility agent,
a cannabis processing facility agent, or an independent cannabis testing laboratory agent.
(20)
"Cannabis production establishment agent registration card" means a registration card
that the department issues that:
(a)
authorizes an individual to act as a cannabis production establishment agent; and
(b)
designates the type of cannabis production establishment for which an individual is
authorized to act as an agent.
(21)
"Closed-door medical cannabis pharmacy" means a facility operated by a home
delivery medical cannabis pharmacy for delivering medical cannabis.
(22)
"Community location" means a public or private elementary or secondary school, a
church, a public library, a public playground, or a public park.
(23)
"Cultivation space" means, quantified in square feet, the horizontal area in which a
cannabis cultivation facility cultivates cannabis, including each level of horizontal area
if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants
above other plants in multiple levels.
(24)
"Delivery address" means:
(a)
for a medical cannabis cardholder who is not a facility:
(i)
the medical cannabis cardholder's home address; or
(ii)
an address designated by the medical cannabis cardholder that:
(A)
is the medical cannabis cardholder's workplace; and
(B)
is not a community location; or
(b)
for a medical cannabis cardholder that is a facility, the facility's address.
(25)
"Department" means the Department of Agriculture and Food.
(26)
"Family member" means a parent, step-parent, spouse, child, sibling, step-sibling,
uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
(27)
"Government issued photo identification" means the same as that term is defined in
Section
26B-4-201
, including expired identification in accordance with Section
26B-4-244
.
(28)
"Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that
the department authorizes, as part of the pharmacy's license, to deliver medical cannabis
shipments to a delivery address to fulfill electronic orders.
(29)
(a)
"Independent cannabis testing laboratory" means a person that:
(i)
conducts a chemical or other analysis of cannabis or a cannabis product; or
(ii)
acquires, possesses, and transports cannabis or a cannabis product with the intent
to conduct a chemical or other analysis of the cannabis or cannabis product.
(b)
"Independent cannabis testing laboratory" includes a laboratory that the department
or a research university operates in accordance with Subsection
4-41a-201(14)
.
(30)
"Independent cannabis testing laboratory agent" means an individual who
holds a valid cannabis production establishment agent registration card with an independent
cannabis testing laboratory designation.
(31)
"Inventory control system" means a system described in Section
4-41a-103
.
(32)
"Licensing board" or "board" means the Cannabis Production Establishment and
Pharmacy Licensing Advisory Board created in Section
4-41a-201.1
.
(33)
"Medical cannabis" or "medical cannabis product" means the same as that term is
defined in Section
26B-4-201
.
(34)
"Medical cannabis card" means the same as that term is defined in Section
26B-4-201
.
(35)
"Medical cannabis courier" means a courier that:
(a)
the department licenses in accordance with Section
4-41a-1201
; and
(b)
contracts with a home delivery medical cannabis pharmacy to deliver medical
cannabis shipments to fulfill electronic orders.
(36)
"Medical cannabis courier agent" means an individual who:
(a)
is an employee of a medical cannabis courier; and
(b)
who holds a valid medical cannabis courier agent registration card.
(37)
"Medical cannabis pharmacy" means the same as that term is defined in Section
26B-4-201
.
(38)
"Medical cannabis pharmacy agent" means the same as that term is defined in Section
26B-4-201
.
(39)
"Medical cannabis research license" means a license that the department issues to a
research university for the purpose of obtaining and possessing medical cannabis for
academic research.
(40)
"Medical cannabis research licensee" means a research university that the department
licenses to obtain and possess medical cannabis for academic research, in accordance
with Section
4-41a-901
.
(41)
"Medical cannabis shipment" means a shipment of medical cannabis that a home
delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery
address to fulfill an electronic medical cannabis order.
(42)
"Medical cannabis treatment" means the same as that term is defined in Section
26B-4-201
.
(43)
"Medicinal dosage form" means the same as that term is defined in Section
26B-4-201
.
(44)
"Patient product information insert" means the same as that term is defined in Section
26B-4-201
.
(45)
"Pharmacy ownership limit" means an amount equal to 30% of the total number of
medical cannabis pharmacy licenses issued by the department rounded down to the
nearest whole number.
(46)
"Pharmacy medical provider" means the same as that term is defined in Section
26B-4-201
.
(47)
"Qualified Production Enterprise Fund" means the fund created in Section
4-41a-104
.
(48)
"Recommending medical provider" means the same as that term is defined in Section
26B-4-201
.
(49)
"Research university" means the same as that term is defined in Section
53H-8-202
and a private, nonprofit college or university in the state that:
(a)
is accredited by the Northwest Commission on Colleges and Universities;
(b)
grants doctoral degrees; and
(c)
has a laboratory containing or a program researching a schedule I controlled
substance described in Section
58-37-4
58-37-108
.
(50)
"State electronic verification system" means the system described in Section
26B-4-202
.
(51)
"Targeted marketing" means the promotion of medical cannabis, a medical cannabis
brand, or a medical cannabis device using any of the following methods:
(a)
electronic communication to an individual who is at least 21 years old and has
requested to receive promotional information;
(b)
an in-person marketing event that is:
(i)
held inside a medical cannabis pharmacy; and
(ii)
in an area where only a medical cannabis cardholder may access the event;
(c)
other marketing material that is physically available or digitally displayed in a
medical cannabis pharmacy; or
(d)
a leaflet a medical cannabis pharmacy places in the opaque package or box that is
provided to an individual when obtaining medical cannabis:
(i)
in the medical cannabis pharmacy;
(ii)
at the medical cannabis pharmacy's drive-through pick up window; or
(iii)
in a medical cannabis shipment.
(52)
"Tetrahydrocannabinol" or "THC" means the same as that term is defined in Section
4-41-102
.
(53)
"Tier one cannabis processing facility" means a cannabis processing facility that is
able to:
(a)
create cannabis concentrate;
(b)
create cannabis derivative product; and
(c)
package and label medical cannabis.
(54)
"Tier two cannabis processing facility" means a cannabis processing facility that is
able to package and label medical cannabis only if the medical cannabis is a cannabis
plant product.
(55)
"THC analog" means the same as that term is defined in Section
4-41-102
.
(56)
"Total composite tetrahydrocannabinol" means all detectable forms of
tetrahydrocannabinol.
(57)
"Total tetrahydrocannabinol" or "total THC" means the same as that term is defined in
Section
4-41-102
.
Section 4. Section
4-41a-302
is amended to read:
4-41a-302
Effective
05/06/26
. Cannabis production establishment agent
registration card -- Rebuttable presumption.
(1)
A cannabis production establishment agent whom the department registers under
Section
4-41a-301
shall carry the individual's cannabis production establishment agent
registration card with the agent at all times when:
(a)
the agent is on the premises of a cannabis production establishment where the agent
is registered;
(b)
the agent is transporting cannabis in a medicinal dosage form, a cannabis product in
a medicinal dosage form, or a medical cannabis device between:
(i)
two cannabis production establishments; or
(ii)
a cannabis production establishment and a medical cannabis pharmacy; and
(c)
if the cannabis production establishment agent is an agent of a cannabis cultivation
facility, the agent is transporting raw cannabis plants to a cannabis processing facility
or an independent cannabis testing laboratory.
(2)
If a cannabis processing facility agent possesses cannabis in a medicinal dosage form, a
cannabis product in a medicinal dosage form, or a medical cannabis device and produces
the registration card in the agent's possession in compliance with Subsection
(1)
while
handling, at a cannabis production establishment, or transporting the cannabis, cannabis
product, or medical cannabis device in compliance with Subsection
(1)
:
(a)
there is a rebuttable presumption that the agent possesses the cannabis, cannabis
product, or medical cannabis device legally; and
(b)
a law enforcement officer does not have probable cause, based solely on the agent's
possession of the cannabis in medicinal dosage form, cannabis product in medicinal
dosage form, or medical cannabis device in compliance with Subsection
(1)
, to
believe that the individual is engaging in illegal activity.
(3)
(a)
A cannabis production establishment agent who fails to carry the agent's cannabis
production establishment agent registration card in accordance with Subsection
(1)
is:
(i)
for a first or second offense in a two-year period:
(A)
guilty of an infraction; and
(B)
subject to a $100 fine; or
(ii)
for a third or subsequent offense in a two-year period:
(A)
guilty of a class C misdemeanor; and
(B)
subject to a $750 fine.
(b)
(i)
The prosecuting entity shall notify the department and the relevant cannabis
production establishment of each conviction under Subsection
(3)(a)
.
(ii)
For each violation described in Subsection
(3)(a)(ii)
, the department may assess
the relevant cannabis production establishment a fine of up to $5,000, in
accordance with a fine schedule that the department establishes by rule in
accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(c)
An individual who is guilty of a violation described in Subsection
(3)(a)
is not guilty
for a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58,
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, for the conduct underlying the violation
described in Subsection
(3)(a)
.
Section 5. Section
4-41a-404
is amended to read:
4-41a-404
Effective
05/06/26
. Medical cannabis transportation.
(1)
(a)
Except as provided in
Part 12, Medical Cannabis Home Delivery and Couriers
,
the following individuals may transport cannabis or a cannabis product under this
chapter:
(i)
a cannabis production establishment agent;
(ii)
a medical cannabis cardholder who is transporting a medical cannabis treatment
that the cardholder is authorized to possess under this chapter;
(iii)
a registered medical cannabis pharmacy agent;
(iv)
a registered medical cannabis courier agent; and
(v)
a registered pharmacy medical provider.
(b)
Only an agent of a cannabis cultivation facility, when the agent is transporting
cannabis plants to a cannabis processing facility or an independent cannabis testing
laboratory, may transport unprocessed cannabis outside of a medicinal dosage form.
(2)
Except for an individual with a valid medical cannabis card under
Title 26B, Chapter 4,
Part 2, Cannabinoid Research and Medical Cannabis
, who is transporting a medical
cannabis treatment, an individual transporting cannabis or a cannabis product shall:
(a)
be employed by the entity licensed under this chapter that is authorizing the
transportation of the cannabis or cannabis product; and
(b)
possess a transportation manifest that:
(i)
includes a unique identifier that links the cannabis or cannabis product to a
relevant inventory control system;
(ii)
includes origin and destination information for any cannabis or cannabis product
that the individual is transporting; and
(iii)
identifies the departure and arrival times and locations of the individual
transporting the cannabis or cannabis product.
(3)
(a)
In addition to the requirements in Subsections
(1)
and
(2)
, the department may
establish by rule, in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
, requirements for transporting cannabis or cannabis product to
ensure that the cannabis or cannabis product remains safe for human consumption.
(b)
The transportation described in Subsection
(3)(a)
is limited to transportation:
(i)
between a cannabis production establishment and another cannabis production
establishment;
(ii)
between a cannabis processing facility and a medical cannabis pharmacy; and
(iii)
between
a medical cannabis pharmacy and:
(A)
another medical cannabis pharmacy; or
(B)
for a medical cannabis shipment, a delivery address.
(4)
(a)
It is unlawful for a registered cannabis production establishment agent to make a
transport described in this section with a manifest that does not meet the requirements
of this section.
(b)
Except as provided in Subsection
(4)(d)
, an agent who violates Subsection
(4)(a)
is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(c)
An individual who is guilty of a violation described in Subsection
(4)(b)
is not guilty
of a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58,
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, for the conduct underlying the violation
described in Subsection
(4)(b)
.
(d)
If the agent described in Subsection
(4)(a)
is transporting more cannabis or cannabis
product than the manifest identifies, except for a de minimis administrative error:
(i)
the penalty described in Subsection
(4)(b)
does not apply; and
(ii)
the agent is subject to penalties under
Title 58, Chapter 37, Utah Controlled
Substances Act
Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter
18, Part 2, Offenses Concerning Controlled Substances
.
(5)
Nothing in this section prevents the department from taking administrative enforcement
action against a cannabis production establishment, medical cannabis pharmacy, medical
cannabis courier, or another person for failing to make a transport in compliance with
the requirements of this section.
(6)
An individual other than an individual described in Subsection
(1)
may transport a
medical cannabis device within the state if the transport does not also contain medical
cannabis.
Section 6. Section
4-41a-801
is amended to read:
4-41a-801
Effective
05/06/26
. Enforcement -- Fine -- Citation.
(1)
(a)
If a person that is a cannabis production establishment, a cannabis production
establishment agent, a medical cannabis pharmacy, a medical cannabis pharmacy
agent, or a medical cannabis courier, violates this chapter, the department may:
(i)
revoke the person's license or agent registration card;
(ii)
decline to renew the person's license or agent registration card;
(iii)
assess the person an administrative penalty that the department establishes by
rule in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking
Act
; or
(iv)
provide a letter of concern in accordance with Subsection
(8)
.
(b)
Except for a violation that threatens public health or for the third violation of the
same rule or statute in a 24-month period, the department shall issue a letter of
concern before taking other administrative action under this section.
(2)
The department shall deposit an administrative penalty imposed under this section into
the General Fund.
(3)
(a)
The department may take an action described in Subsection
(3)(b)
if the
department concludes, upon investigation, that, for a person that is a cannabis
production establishment, a cannabis production establishment agent, a medical
cannabis pharmacy, a medical cannabis pharmacy agent, or a medical cannabis
courier:
(i)
the person has violated the provisions of this chapter, a rule made under this
chapter, or an order issued under this chapter; or.
(ii)
the person produced cannabis or a cannabis product batch that contains a
substance, other than cannabis, that poses a significant threat to human health.
(b)
If the department makes the determination about a person described in Subsection
(3)(a)
, the department may:
(i)
issue the person a written administrative citation;
(ii)
attempt to negotiate a stipulated settlement;
(iii)
order the person to cease and desist from the action that creates a violation; or
(iv)
direct the person to appear before an adjudicative proceeding conducted under
Title 63G, Chapter 4, Administrative Procedures Act
.
(c)
If the department concludes, upon investigation, that a cannabis production
establishment or a cannabis production establishment agent has produced a cannabis
batch or a cannabis product batch that contains a substance that poses a significant
threat to human health, the department shall seize, embargo, or destroy the cannabis
batch or cannabis product batch.
(4)
The department may, for a person subject to an uncontested citation, a stipulated
settlement, or a finding of a violation in an adjudicative proceeding under this section,
for a fine amount not already specified in law, assess the person, who is not an
individual, a fine of up to $5,000 per violation, in accordance with a fine schedule that
the department establishes by rule in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(5)
The department may not revoke a license without first directing the licensee to appear
before an adjudicative proceeding conducted under
Title 63G, Chapter 4, Administrative
Procedures Act
.
(6)
If within 30 calendar days after the day on which a department serves a citation for a
violation of this chapter, the person that is the subject of the citation fails to request a
hearing to contest the citation, the citation becomes the department's final order.
(7)
The department may, for a person who fails to comply with a citation under this section:
(a)
refuse to issue or renew the person's license or agent registration card; or
(b)
suspend, revoke, or place on probation the person's license or registration card.
(8)
(a)
A letter of concern shall describe:
(i)
the violation including the statute or rule being violated;
(ii)
possible options to remedy the issue; and
(iii)
possible consequences for not remedying the violation.
(b)
Under a letter of concern, the department shall provide the person at least 30 days to
remedy the violation.
(c)
If the person fails to remedy the violation described in a letter of concern, the
department may take other enforcement action as described in this section.
(d)
If a letter of concern is resolved without an enforcement action being taken under
Subsection
(8)(c)
, the department may not report that a letter of concern was issued to
the licensing board.
(9)
(a)
Except where a criminal penalty is expressly provided for a specific violation of
this chapter, or where civil and criminal penalties are provided for violations of
Section
76-10-31
, if an individual:
(i)
violates a provision of this chapter, the individual is:
(A)
guilty of an infraction; and
(B)
subject to a $100 fine; or
(ii)
intentionally or knowingly violates a provision of this chapter or violates this
chapter three or more times, the individual is:
(A)
guilty of a class B misdemeanor; and
(B)
subject to a $1,000 fine.
(b)
An individual who is guilty of a violation described in Subsection
(9)(a)
is not guilty
of a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58,
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, for the conduct underlying the violation
described in Subsection
(9)(a)
.
(10)
Nothing in this section prohibits:
(a)
the department from referring potential criminal activity to law enforcement; or
(b)
the attorney general from investigating or prosecuting individuals or businesses for
violations of
Title 76, Chapter 10, Part 31, Utah Antitrust Act
Title 76, Chapter 16,
Part 5, Antitrust Offenses
.
(11)
An appeal of administrative action taken under this chapter shall be heard by an
administrative law judge as an informal proceeding in accordance with Title 63G,
Chapter 4, Administrative Procedures Act.
Section 7. Section
4-41a-1107
is amended to read:
4-41a-1107
Effective
05/06/26
. Medical cannabis pharmacy agent registration
card -- Rebuttable presumption.
(1)
A medical cannabis pharmacy agent shall carry the individual's medical cannabis
pharmacy agent registration card with the individual at all times when:
(a)
the individual is on the premises of a medical cannabis pharmacy; and
(b)
the individual is transporting cannabis in a medicinal dosage form, a cannabis
product in a medicinal dosage form, or a medical cannabis device between a cannabis
production establishment and a medical cannabis pharmacy.
(2)
If an individual handling, at a medical cannabis pharmacy, cannabis in a medicinal
dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis
device or transporting cannabis in a medicinal dosage form, a cannabis product in a
medicinal dosage form, or a medical cannabis device, possesses the cannabis, cannabis
product, or medical cannabis device in compliance with Subsection
(1)
:
(a)
there is a rebuttable presumption that the individual possesses the cannabis, cannabis
product, or medical cannabis device legally; and
(b)
there is no probable cause, based solely on the individual's possession of the
cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or
medical cannabis device in compliance with Subsection
(1)
, that the individual is
engaging in illegal activity.
(3)
(a)
A medical cannabis pharmacy agent who fails to carry the agent's medical
cannabis pharmacy agent registration card in accordance with Subsection
(1)
is:
(i)
for a first or second offense in a two-year period:
(A)
guilty of an infraction; and
(B)
is subject to a $100 fine; or
(ii)
for a third or subsequent offense in a two-year period:
(A)
guilty of a class C misdemeanor; and
(B)
subject to a $750 fine.
(b)
(i)
The prosecuting entity shall notify the department and the relevant medical
cannabis pharmacy of each conviction under Subsection
(3)(a)
.
(ii)
For each violation described in Subsection
(3)(a)(ii)
, the department may assess
the relevant medical cannabis pharmacy a fine of up to $5,000, in accordance with
a fine schedule that the department establishes by rule in accordance with
Title
63G, Chapter 3, Utah Administrative Rulemaking Act
.
(c)
An individual who is guilty of a violation described in Subsection
(3)(a)
is not guilty
of a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58,
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, for the conduct underlying the violation
described in Subsection
(3)(a)
.
Section 8. Section
4-41a-1203
is amended to read:
4-41a-1203
Effective
05/06/26
. Medical cannabis shipment transportation.
(1)
The department shall ensure that each home delivery medical cannabis pharmacy is
capable of delivering, directly or through a medical cannabis courier, medical cannabis
shipments in a secure manner.
(2)
(a)
A home delivery medical cannabis pharmacy may contract with a licensed
medical cannabis courier to deliver medical cannabis shipments to fulfill electronic
medical cannabis orders.
(b)
If a home delivery medical cannabis pharmacy enters into a contract described in
Subsection
(2)(a)
, the pharmacy shall:
(i)
impose security and personnel requirements on the medical cannabis courier
sufficient to ensure the security and safety of medical cannabis shipments; and
(ii)
provide regular oversight of the medical cannabis courier.
(3)
Notwithstanding Subsection
4-41a-404(1)
, an individual may transport a medical
cannabis shipment if the individual is:
(a)
a registered pharmacy medical provider;
(b)
a registered medical cannabis pharmacy agent; or
(c)
a registered agent of the medical cannabis courier described in Subsection
(2)
.
(4)
An individual transporting a medical cannabis shipment under Subsection
(3)
shall
comply with the requirements of Subsection
4-41a-404(3)
.
(5)
In addition to the requirements in Subsections
(3)
and
(4)
, the department may establish
by rule, in collaboration with the Division of Professional Licensing and the Board of
Pharmacy and in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
, requirements for transporting medical cannabis shipments that are
related to safety for human consumption of medical cannabis.
(6)
(a)
It is unlawful for an individual to transport a medical cannabis shipment with a
manifest that does not meet the requirements of Subsection
(4)
.
(b)
Except as provided in Subsection
(6)(d)
, an individual who violates Subsection
(6)(a)
is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(c)
An individual who is guilty of a violation described in Subsection
(6)(b)
is not guilty
of a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58,
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, for the conduct underlying the violation
described in Subsection
(6)(b)
.
(d)
If the individual described in Subsection
(6)(a)
is transporting more cannabis,
cannabis product, or medical cannabis devices than the manifest identifies, except for
a de minimis administrative error:
(i)
this chapter does not apply; and
(ii)
the individual is subject to penalties under
Title 58, Chapter 37, Utah Controlled
Substances Act
Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter
18, Part 2, Offenses Concerning Controlled Substances
.
Section 9. Section
4-41a-1204
is amended to read:
4-41a-1204
Effective
05/06/26
. Medical cannabis courier agent -- Background
check -- Registration card -- Rebuttable presumption.
(1)
An individual may not serve as a medical cannabis courier agent unless the department
registers the individual as a medical cannabis courier agent.
(2)
(a)
The department shall, within 15 days after the day on which the department
receives a complete application from a medical cannabis courier on behalf of a
medical cannabis courier agent, register and issue a medical cannabis courier agent
registration card to the prospective agent if the medical cannabis courier:
(i)
provides to the department:
(A)
the prospective agent's name and address;
(B)
the name and address of the medical cannabis courier;
(C)
the name and address of each home delivery medical cannabis pharmacy with
which the medical cannabis courier contracts to deliver medical cannabis
shipments; and
(D)
the submission required under Subsection
(2)(b)
;
(ii)
as reported under Subsection
(2)(c)
, has not been convicted under state or federal
law of:
(A)
a felony; or
(B)
after December 3, 2018, a misdemeanor for drug distribution; and
(iii)
pays the department a fee in an amount that, subject to Subsection
4-41a-104(5)
,
the department sets in accordance with Section
63J-1-504
.
(b)
Each prospective agent described in Subsection
(2)(a)
shall:
(i)
submit to the department:
(A)
a fingerprint card in a form acceptable to the Department of Public Safety; and
(B)
a signed waiver in accordance with Subsection
53-10-108(4)
acknowledging
the registration of the prospective agent's fingerprints in the Federal Bureau of
Investigation Next Generation Identification System's Rap Back Service; and
(ii)
consent to a fingerprint background check by:
(A)
the Bureau of Criminal Identification; and
(B)
the Federal Bureau of Investigation.
(c)
The Bureau of Criminal Identification shall:
(i)
check the fingerprints the prospective agent submits under Subsection
(2)(b)
against the applicable state, regional, and national criminal records databases,
including the Federal Bureau of Investigation Next Generation Identification
System;
(ii)
report the results of the background check to the department;
(iii)
maintain a separate file of fingerprints that prospective agents submit under
Subsection
(2)(b)
for search by future submissions to the local and regional
criminal records databases, including latent prints;
(iv)
request that the fingerprints be retained in the Federal Bureau of Investigation
Next Generation Identification System's Rap Back Service for search by future
submissions to national criminal records databases, including the Next Generation
Identification System and latent prints; and
(v)
establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an
authorizing relationship.
(d)
The department shall:
(i)
assess an individual who submits fingerprints under Subsection
(2)(b)
a fee in an
amount that the department sets in accordance with Section
63J-1-504
for the
services that the Bureau of Criminal Identification or another authorized agency
provides under this section; and
(ii)
remit the fee described in Subsection
(2)(d)(i)
to the Bureau of Criminal
Identification.
(3)
(a)
A medical cannabis courier agent shall comply with a certification standard that
the department develops, in collaboration with the Division of Professional Licensing
and the Board of Pharmacy, or a third-party certification standard that the department
designates by rule in collaboration with the Division of Professional Licensing and
the Board of Pharmacy and in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(b)
The department shall ensure that the certification standard described in Subsection
(3)(a)
includes training in:
(i)
Utah medical cannabis law;
(ii)
the medical cannabis shipment process; and
(iii)
medical cannabis courier agent best practices.
(4)
(a)
A medical cannabis courier agent registration card expires two years after the day
on which the department issues or renews the card.
(b)
A medical cannabis courier agent may renew the agent's registration card if the agent:
(i)
is eligible for a medical cannabis courier agent registration card under this section;
(ii)
certifies to the department in a renewal application that the information in
Subsection
(2)(a)
is accurate or updates the information; and
(iii)
pays to the department a renewal fee in an amount that:
(A)
subject to Subsection
4-41a-104(5)
, the department sets in accordance with
Section
63J-1-504
; and
(B)
may not exceed the cost of the relatively lower administrative burden of
renewal in comparison to the original application process.
(5)
The department may revoke or refuse to issue or renew the medical cannabis courier
agent registration card of an individual who:
(a)
violates the requirements of this chapter; or
(b)
is convicted under state or federal law of:
(i)
a felony within the preceding 10 years; or
(ii)
after December 3, 2018, a misdemeanor for drug distribution.
(6)
A medical cannabis courier agent whom the department has registered under this section
shall carry the agent's medical cannabis courier agent registration card with the agent at
all times when:
(a)
the agent is on the premises of the medical cannabis courier, a medical cannabis
pharmacy, or a delivery address; and
(b)
the agent is handling a medical cannabis shipment.
(7)
If a medical cannabis courier agent handling a medical cannabis shipment possesses the
shipment in compliance with Subsection
(6)
:
(a)
there is a rebuttable presumption that the agent possesses the shipment legally; and
(b)
there is no probable cause, based solely on the agent's possession of the medical
cannabis shipment that the agent is engaging in illegal activity.
(8)
(a)
A medical cannabis courier agent who violates Subsection
(6)
is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(b)
An individual who is guilty of a violation described in Subsection
(8)(a)
is not guilty
of a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58,
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, for the conduct underlying the violation
described in Subsection
(8)(a)
.
(9)
A medical cannabis courier shall:
(a)
maintain a list of employees who have a medical cannabis courier agent card; and
(b)
provide the list to the department upon request.
Section 10. Section
4-45-104
is amended to read:
4-45-104
Effective
05/06/26
. Kratom processor requirements -- Criminal
penalty.
(1)
A kratom processor may not prepare, distribute, sell, or offer for sale a kratom product:
(a)
that is mixed or packed with a nonkratom substance that affects the quality or
strength of the kratom product to such a degree as to render the kratom product
injurious to a consumer;
(b)
that contains a poisonous or otherwise deleterious nonkratom ingredient, including a
controlled substance as defined in Section
58-37-2
58-37-101
;
(c)
containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater
than 2% of the alkaloid composition of the kratom product;
(d)
containing a synthetic alkaloid, including synthetic mitragynine, synthetic
7-hydroxymitragynine, or any other synthetically derived compound of the kratom
plant; or
(e)
that does not include a product label on the kratom product packaging that states the
amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom
product.
(2)
A kratom processor who violates Subsection
(1)
is guilty of a class C misdemeanor for
each violation.
(3)
A kratom processor does not violate Subsection
(1)
if the kratom processor shows by a
preponderance of the evidence that the kratom processor relied in good faith upon the
representation of a manufacturer, processor, packer, or distributor of food represented to
be a kratom product.
(4)
A kratom processor may not prepare, distribute, sell, or offer for sale a kratom product
that is not registered with the department in accordance with this chapter.
(5)
A kratom processor shall register as a food establishment in accordance with Section
4-5-301
.
Section 11. Section
10-8-47
is amended to read:
10-8-47
Effective
05/06/26
. Intoxication -- Fights -- Disorderly conduct --
Assault and battery -- Petit larceny -- Riots and disorderly assemblies -- Firearms and
fireworks -- False pretenses and embezzlement -- Sale of liquor, narcotics, tobacco
products, electronic cigarette products, or nicotine products to minors -- Possession of
controlled substances -- Treatment of alcoholics and narcotics or drug addicts.
(1)
A municipal legislative body may:
(a)
prevent intoxication, fighting, quarreling, dog fights, cockfights, prize fights,
bullfights, and all disorderly conduct and provide against and punish the offenses of
assault and battery and petit larceny;
(b)
restrain riots, routs, noises, disturbances, or disorderly assemblies in any street,
house, or place in the city;
(c)
regulate and prevent the discharge of firearms, rockets, powder, fireworks in
accordance with Section
53-7-225
, or any other dangerous or combustible material;
(d)
provide against and prevent the offense of obtaining money or property under false
pretenses and the offense of embezzling money or property in the cases when the
money or property embezzled or obtained under false pretenses does not exceed in
value the sum of $500;
(e)
prohibit the sale, giving away, or furnishing of narcotics or alcoholic beverages to an
individual younger than 21 years old; or
(f)
prohibit the sale, giving away, or furnishing of a tobacco product, an electronic
cigarette product, or a nicotine product as those terms are defined in Section
76-9-1101
to an individual younger than 21 years old.
(2)
A city may:
(a)
by ordinance, prohibit the possession of controlled substances as defined in
the Utah
Controlled Substances Act
Title 58, Chapter 37, Controlled Substances, or Title 76,
Chapter 18, Part 2, Offenses Concerning Controlled Substances,
or any other
endangering or impairing substance, provided the conduct is not a class A
misdemeanor or felony; and
(b)
provide for treatment of alcoholics, narcotic addicts, and other individuals who are
addicted to the use of drugs or intoxicants such that an individual substantially lacks
the capacity to control the individual's use of the drugs or intoxicants, and judicial
supervision may be imposed as a means of effecting the individual's rehabilitation.
Section 12. Section
17-72-101
is amended to read:
17-72-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Commissary account" means an account from which a prisoner may withdraw money,
deposited by the prisoner or another individual, to purchase discretionary items for sale
by a correctional facility.
(2)
"Commissary purchase" means a transaction initiated by a prisoner by which the
prisoner obtains an item or items offered for sale by the correctional facility in exchange
for money withdrawn from the prisoner's commissary account.
(3)
"Commission" means the State Commission on Criminal and Juvenile Justice created in
Section
63M-7-201
.
(4)
"Correctional facility" means the same as that term is defined in Section
77-16b-102
.
(5)
"County inmate" means an inmate who is sentenced to a county jail.
(6)
"Cross-sex hormone treatment" means the same as that term is defined in Section
26B-4-1001.281
-12(6)
26B-4-1001.
(7)
(a)
"In-custody death" means a prisoner death that occurs while the prisoner is in the
custody of a county jail.
(b)
"In-custody death" includes a prisoner death that occurs while the prisoner is:
(i)
being transported for health care; or
(ii)
receiving health care outside of a county jail.
(8)
"Inmate" means a prisoner who is in the custody of a correctional facility following a
criminal conviction.
(9)
"Medication assisted treatment plan" means a prescription plan to use prescribed
medication approved by the Food and Drug Administration, such as buprenorphine,
methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use
disorder.
(10)
"Notice" means all papers and orders, except process, required to be served in any
proceeding before any court, board, commission, or officer, or when required by law to
be served independently of a court proceeding.
(11)
"Opiate" means the same as that term is defined in Section
58-37-2
58-37-101
.
(12)
"Primary sex characteristic surgical procedure" means the same as that term is defined
in Section
26B-4-1001
.
(13)
"Prisoner" means an individual who is:
(a)
in custody of a peace officer in accordance with a lawful arrest; or
(b)
confined in a county jail.
(14)
"Police interlocal entity" means the same as that term is defined in Sections
17-76-201
and
17-76-301
.
(15)
"Police special district" means the same as that term is defined in Section
17-76-201
.
(16)
"Probationer" means an individual on probation under the supervision of the county
sheriff.
(17)
"Process" means all writs, warrants, summonses and orders of the courts of justice or
judicial officers.
(18)
(a)
"Qualifying domestic violence offense" means the same as that term is defined in
Section
77-36-1.1
.
(b)
"Qualifying domestic violence offense" does not include criminal mischief as that
term is defined in Section
76-6-106
.
(19)
"State inmate" means an inmate who is sentenced to the Department of Corrections,
created in Section
64-13-2
, even if the inmate is in the custody of a county jail.
(20)
"Secondary sex characteristic surgical procedure" means the same as that term is
defined in Section
26B-4-1001
.
(21)
"Violent felony" means the same as that term is defined in Section
76-3-203.5
.
Section 13. Section
19-6-902
is amended to read:
19-6-902
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Board" means the Waste Management and Radiation Control Board, as defined in
Section
19-1-106
, within the Department of Environmental Quality.
(2)
"Certified decontamination specialist" means an individual who has met the standards
for certification as a decontamination specialist and has been certified by the board
under Subsection
19-6-906(2)
.
(3)
"Contaminated" or "contamination" means:
(a)
polluted by hazardous materials that cause property to be unfit for human habitation
or use due to immediate or long-term health hazards; or
(b)
that a property is polluted by hazardous materials as a result of the use, production,
or presence of methamphetamine in excess of decontamination standards adopted by
the Department of Health and Human Services under Section
26B-7-409
.
(4)
"Contamination list" means a list maintained by the local health department of
properties:
(a)
reported to the local health department under Section
19-6-903
; and
(b)
determined by the local health department to be contaminated.
(5)
(a)
"Decontaminated" means property that at one time was contaminated, but the
contaminants have been removed.
(b)
"Decontaminated" for a property that was contaminated by the use, production, or
presence of methamphetamine means that the property satisfies decontamination
standards adopted by the Department of Health and Human Services under Section
26B-7-409
.
(6)
"Hazardous materials":
(a)
has the same meaning as "hazardous or dangerous material" as defined in Section
58-37d-3
76-18-501
; and
(b)
includes any illegally manufactured controlled substances.
(7)
"Health department" means a local health department under
Title 26A, Local Health
Authorities
.
(8)
"Owner of record":
(a)
means the owner of real property as shown on the records of the county recorder in
the county where the property is located; and
(b)
may include an individual, financial institution, company, corporation, or other entity.
(9)
"Property":
(a)
means any real property, site, structure, part of a structure, or the grounds
surrounding a structure; and
(b)
includes single-family residences, outbuildings, garages, units of multiplexes,
condominiums, apartment buildings, warehouses, hotels, motels, boats, motor
vehicles, trailers, manufactured housing, shops, or booths.
(10)
"Reported property" means property that is the subject of a law enforcement report
under Section
19-6-903
.
Section 14. Section
26B-2-120
is amended to read:
26B-2-120
Effective
05/06/26
. Background check -- Direct access to children or
vulnerable adults.
(1)
As used in this section:
(a)
(i)
"Applicant" means an individual who is associated with a certification,
contract, or licensee with the department under this part and has direct access,
including:
(A)
an adoptive parent or prospective adoptive parent, including an applicant for
an adoption in accordance with Section
78B-6-128
;
(B)
a foster parent or prospective foster parent;
(C)
an individual who provides respite care to a foster parent or an adoptive parent
on more than one occasion;
(D)
an individual who transports a child for a youth transportation company;
(E)
an individual who provides certified peer support, as defined in Section
26B-5-610
;
(F)
an individual who provides peer supports, has a disability or a family member
with a disability, or is in recovery from a mental illness or a substance use
disorder;
(G)
an individual who has lived experience with the services provided by the
department, and uses that lived experience to provide support, guidance, or
services to promote resiliency and recovery;
(H)
an individual who is identified as a mental health professional, licensed under
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in
the practice of mental health therapy, as defined in Section
58-60-102
;
(I)
an individual, other than the child or vulnerable adult receiving the service,
who is 12 years old or older and resides in a home, that is licensed or certified
by the division;
(J)
an individual who is 12 years old or older and is associated with a certification,
contract, or licensee with the department under this part and has or will likely
have direct access;
(K)
a foster home licensee that submits an application for an annual background
screening as required by Subsection
26B-2-105(4)(d)(iii)
; or
(L)
a short-term relief care provider.
(ii)
"Applicant" does not include:
(A)
an individual who is in the custody of the Division of Child and Family
Services or the Division of Juvenile Justice and Youth Services;
(B)
an individual who applies for employment with, or is employed by, the
Department of Health and Human Services;
(C)
a parent of a person receiving services from the Division of Services for
People with Disabilities, if the parent provides direct care to and resides with
the person, including if the parent provides direct care to and resides with the
person pursuant to a court order; or
(D)
an individual or a department contractor who provides services in an adults
only substance use disorder program, as defined by rule adopted by the
Department of Health and Human Services in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program
director or a member, as defined by Section
26B-2-105
, of the program.
(b)
"Application" means a background check application to the office.
(c)
"Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety, created in Section
53-10-201
.
(d)
"Criminal finding" means a record of:
(i)
an arrest for a criminal offense;
(ii)
a warrant for a criminal arrest;
(iii)
charges for a criminal offense; or
(iv)
a criminal conviction.
(e)
"Direct access" means that an individual has, or likely will have:
(i)
contact with or access to a child or vulnerable adult by which the individual will
have the opportunity for personal communication or touch with the child or
vulnerable adult; or
(ii)
an opportunity to view medical, financial, or other confidential personal
identifying information of the child, the child's parent or legal guardian, or the
vulnerable adult.
(f)
(i)
"Direct access qualified" means that
:
(i)
the applicant has an eligible determination by the office within the license and
renewal time period; and
(ii)
no more than 180 days have passed since the date on which the applicant's
association with a certification, contract, or licensee with the department expires.
(g)
"Incidental care" means occasional care, not in excess of five hours per week and
never overnight, for a foster child.
(h)
"Licensee" means an individual or a human services program licensed by the
division.
(i)
"Non-criminal finding" means a record maintained in:
(i)
the Division of Child and Family Services' Management Information System
described in Section
80-2-1001
;
(ii)
the Division of Child and Family Services' Licensing Information System
described in Section
80-2-1002
;
(iii)
the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
exploitation database described in Section
26B-6-210
;
(iv)
juvenile court arrest, adjudication, and disposition records;
(v)
the Sex, Kidnap, and Child Abuse Offender Registry described in Title 53,
Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
offender registry; or
(vi)
a state child abuse or neglect registry.
(j)
"Office" means the Office of Background Processing within the department.
(k)
"Personal identifying information" means:
(i)
current name, former names, nicknames, and aliases;
(ii)
date of birth;
(iii)
physical address and email address;
(iv)
telephone number;
(v)
driver license or other government-issued identification;
(vi)
social security number;
(vii)
only for applicants who are 18 years old or older, fingerprints, in a form
specified by the office; and
(viii)
other information specified by the office by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
Except as provided in Subsection
(12)
, an applicant or a representative shall submit the
following to the office:
(a)
personal identifying information;
(b)
a fee established by the office under Section
63J-1-504
;
(c)
a disclosure form, specified by the office, for consent for:
(i)
an initial background check upon association with a certification, contract, or
licensee with the department;
(ii)
ongoing monitoring of fingerprints and registries until no longer associated with a
certification, contract, or licensee with the department for 180 days;
(iii)
a background check when the office determines that reasonable cause exists; and
(iv)
retention of personal identifying information, including fingerprints, for
monitoring and notification as described in Subsections
(3)(c)
and
(4)
;
(d)
if an applicant resided outside of the United States and its territories during the five
years immediately preceding the day on which the information described in
Subsections
(2)(a)
through
(c)
is submitted to the office, documentation establishing
whether the applicant was convicted of a crime during the time that the applicant
resided outside of the United States or its territories; and
(e)
an application showing an applicant's association with a certification, contract, or a
licensee with the department, for the purpose of the office tracking the direct access
qualified status of the applicant, which expires 180 days after the date on which the
applicant is no longer associated with a certification, contract, or a licensee with the
department.
(3)
The office:
(a)
shall perform the following duties as part of a background check of an applicant
before the office grants or denies direct access qualified status to an applicant:
(i)
check state and regional criminal background databases for the applicant's
criminal history by:
(A)
submitting personal identifying information to the bureau for a search; or
(B)
using the applicant's personal identifying information to search state and
regional criminal background databases as authorized under Section
53-10-108
;
(ii)
submit the applicant's personal identifying information and fingerprints to the
bureau for a criminal history search of applicable national criminal background
databases;
(iii)
search the Division of Child and Family Services' Licensing Information System
described in Section
80-2-1002
;
(iv)
search the Sex, Kidnap, and Child Abuse Offender Registry described in Title
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national
sex offender registry for an applicant 18 years old or older;
(v)
search the Division of Child and Family Services' Management Information
System in Section
80-2-1001
, if the applicant is:
(A)
a prospective foster or adoptive parent;
(B)
an employee of a congregate care program; or
(C)
an adult who lives in a foster home.
(vi)
search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
or exploitation database described in Section
26B-6-210
;
(vii)
search the juvenile court records for substantiated findings of severe child abuse
or neglect described in Section
80-3-404
or
80-3-504
; and
(viii)
search the juvenile court arrest, adjudication, and disposition records, as
provided under Section
78A-6-209
;
(b)
may conduct all or portions of a background check in connection with determining
whether an applicant is direct access qualified, as provided by rule, made by the
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i)
for an annual renewal; or
(ii)
when the office determines that reasonable cause exists;
(c)
may submit an applicant's personal identifying information, including fingerprints, to
the bureau for checking, retaining, and monitoring of state and national criminal
background databases and for notifying the office of new criminal activity associated
with the applicant;
(d)
shall track the status of an applicant under this section to ensure that the applicant is
not required to duplicate the submission of the applicant's fingerprints if the applicant
is associated with more than one certification, contract, or licensee with the
department;
(e)
shall notify the bureau when a direct access qualified individual has not been
associated with a certification, contract, or licensee with the department for a period
of 180 days;
(f)
shall adopt measures to strictly limit access to personal identifying information solely
to the individuals responsible for processing and entering the applications for
background checks and to protect the security of the personal identifying information
the office reviews under this Subsection
(3)
;
(g)
as necessary to comply with the federal requirement to check a state's child abuse
and neglect registry regarding any applicant working in a congregate care program,
shall:
(i)
search the Division of Child and Family Services' Licensing Information System
described in Section
80-2-1002
; and
(ii)
require the child abuse and neglect registry be checked in each state where an
applicant resided at any time during the five years immediately preceding the day
on which the application is submitted to the office; and
(h)
shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement the provisions of this Subsection
(3)
relating to
background checks.
(4)
(a)
With the personal identifying information the office submits to the bureau under
Subsection
(3)
, the bureau shall check against state and regional criminal background
databases for the applicant's criminal history.
(b)
With the personal identifying information and fingerprints the office submits to the
bureau under Subsection
(3)
, the bureau shall check against national criminal
background databases for the applicant's criminal history.
(c)
Upon direction from the office, and with the personal identifying information and
fingerprints the office submits to the bureau under Subsection
(3)(c)
, the bureau shall:
(i)
maintain a separate file of the fingerprints for search by future submissions to the
local and regional criminal records databases, including latent prints; and
(ii)
monitor state and regional criminal background databases and identify criminal
activity associated with the applicant.
(d)
The bureau is authorized to submit the fingerprints to the Federal Bureau of
Investigation Next Generation Identification System, to be retained in the Federal
Bureau of Investigation Next Generation Identification System for the purpose of:
(i)
being searched by future submissions to the national criminal records databases,
including the Federal Bureau of Investigation Next Generation Identification
System and latent prints; and
(ii)
monitoring national criminal background databases and identifying criminal
activity associated with the applicant.
(e)
The bureau shall notify and release to the office all information of criminal activity
associated with the applicant.
(f)
Upon notice that an individual who has direct access qualified status will no longer
be associated with a certification, contract, or licensee with the department, the
bureau shall:
(i)
discard and destroy any retained fingerprints; and
(ii)
notify the Federal Bureau of Investigation when the license has expired or an
individual's direct access to a child or a vulnerable adult has ceased, so that the
Federal Bureau of Investigation will discard and destroy the retained fingerprints
from the Federal Bureau of Investigation Next Generation Identification System.
(5)
(a)
Except as provided in Subsection
(5)(b)
, the office shall deny direct access
qualified status to an applicant who, within three years from the date on which the
office conducts the background check, was convicted of:
(i)
a felony or misdemeanor involving conduct that constitutes any of the following:
(A)
an offense identified as domestic violence, lewdness, voyeurism, battery,
cruelty to animals, or bestiality;
(B)
a violation of any pornography law, including sexual exploitation of a minor
or aggravated sexual exploitation of a minor;
(C)
sexual solicitation or prostitution;
(D)
a violent offense committed in the presence of a child, as described in Section
76-3-203.10
;
(E)
an offense included in Title 76, Chapter 5, Part 1, 2, 3, 4, or 7;
(F)
an offense included in Title 76, Chapter 5b, Sexual Exploitation Act, other
than Section
76-5b-206
;
(G)
an offense included in Title 76, Chapter 7, Offenses Against the Family;
(H)
an offense included in
Title 76, Chapter 12, Part 3, Privacy Offenses
;
(I)
an offense included in
Title 76, Chapter 15, Part 3, Weapons of Mass
Destruction
;
(J)
an offense included in Title 78B, Chapter 7, Protective Orders and Stalking
Injunctions;
(K)
aggravated arson, as described in Section
76-6-103
;
(L)
aggravated burglary, as described in Section
76-6-203
;
(M)
aggravated exploitation of prostitution, as described in Section
76-5d-208
;
(N)
aggravated robbery, as described in Section
76-6-302
;
(O)
endangering persons in a human services program, as described in Section
26B-2-113
;
(P)
failure to report, as described in Section
80-2-609
;
(Q)
identity fraud crime, as described in Section
76-6-1102
;
(R)
riot, as described in Section
76-9-101
; or
(S)
threatening with or using a dangerous weapon in a fight or quarrel, as
described in Section
76-11-207
; or
(ii)
a felony or misdemeanor offense committed outside of the state that, if committed
in the state, would constitute a violation of an offense described in Subsection
(5)(a)(i)
.
(b)
(i)
Subsection
(5)(a)
does not apply to an applicant who is seeking a position as a
peer support provider or a mental health professional, if the applicant provides
services in a program that serves only adults with a primary mental health
diagnosis, with or without a co-occurring substance use disorder.
(ii)
The office shall conduct a comprehensive review of an applicant described in
Subsection
(5)(b)(i)
in accordance with Subsection
(7)
.
(c)
Subject to Subsection
(5)(d)
, the office shall deny direct access qualified status to an
applicant who:
(i)
a court order prohibits from having direct access to a child or vulnerable adult; or
(ii)
is an applicant for a congregate care program and:
(A)
is subject to an open investigation for a non-criminal finding; or
(B)
has a supported non-criminal finding, excluding a supported finding for
dependency, as defined in Section
80-1-102
, within three years from the date
on which the office conducts the background check.
(d)
(i)
Subsection
(5)(c)
does not apply retrospectively for congregate care program
employees who have an approved background screening on or before July 1,
2025; or
(ii)
notwithstanding Subsection
(5)(c)(ii)(A)
, the division may grant temporary direct
access qualified status to an applicant subject to a condition that the applicant is
directly supervised at all times.
(6)
The office shall conduct a comprehensive review of an applicant's background check if
the applicant:
(a)
has a felony or class A misdemeanor conviction that is more than three years from
the date on which the office conducts the background check, for an offense described
in Subsection
(5)(a)
;
(b)
has a felony charge or conviction that is no more than 10 years from the date on
which the office conducts the background check for an offense not described in
Subsection
(5)(a)
;
(c)
has a felony charge or conviction that is more than 10 years from the date on which
the office conducts the background check, for an offense not described in Subsection
(5)(a)
, with criminal or non-criminal findings after the date of the felony charge or
conviction;
(d)
has a class B misdemeanor or class C misdemeanor conviction that is more than
three years and no more than 10 years from the date on which the office conducts the
background check for an offense described in Subsection
(5)(a)
;
(e)
has a class B misdemeanor or class C misdemeanor conviction that is more than 10
years from the date on which the office conducts the background check, for an
offense described in Subsection
(5)(a)
, with criminal or non-criminal findings after
the date of conviction;
(f)
has a misdemeanor charge or conviction that is no more than three years from the
date on which the office conducts the background check for an offense not described
in Subsection
(5)(a)
;
(g)
has a misdemeanor charge or conviction that is more than three years from the date
on which the office conducts the background check, for an offense not described in
Subsection
(5)(a)
, with criminal or non-criminal findings after the date of charge or
conviction;
(h)
is currently subject to a plea in abeyance or diversion agreement for an offense
described in Subsection
(5)(a)
;
(i)
appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
offender registry;
(j)
has a record of an adjudication in juvenile court for an act that, if committed by an
adult, would be a felony or misdemeanor, if the applicant is:
(i)
under 28 years old; or
(ii)
28 years old or older and has been convicted of, has pleaded no contest to, or is
currently subject to a plea in abeyance or diversion agreement for a felony or a
misdemeanor offense described in Subsection
(5)(a)
;
(k)
has a pending charge for an offense described in Subsection
(5)(a)
;
(l)
has a supported finding that occurred no more than 15 years from the date on which
the office conducts the background check in the Division of Child and Family
Services' Licensing Information System described in Section
80-2-1002
;
(m)
has a supported finding that occurred more than 15 years from the date on which the
office conducts the background check in the Division of Child and Family Services'
Licensing Information System described in Section
80-2-1002
, with criminal or
non-criminal findings after the date of the listing;
(n)
has a listing that occurred no more than 15 years from the date on which the office
conducts the background check in the Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210
;
(o)
has a listing that occurred more than 15 years from the date on which the office
conducts the background check in the Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210
, with criminal or non-criminal findings after the date of the listing;
(p)
has a substantiated finding that occurred no more than 15 years from the date on
which the office conducts the background check of severe child abuse or neglect
under Section
80-3-404
or
80-3-504
; or
(q)
has a substantiated finding that occurred more than 15 years from the date on which
the office conducts the background check of severe child abuse or neglect under
Section
80-3-404
or
80-3-504
, with criminal or non-criminal findings after the date of
the listing.
(7)
(a)
The comprehensive review shall include an examination of:
(i)
the date of the offense or incident;
(ii)
the nature and seriousness of the offense or incident;
(iii)
the circumstances under which the offense or incident occurred;
(iv)
the age of the perpetrator when the offense or incident occurred;
(v)
whether the offense or incident was an isolated or repeated incident;
(vi)
whether the offense or incident directly relates to abuse of a child or vulnerable
adult, including:
(A)
actual or threatened, nonaccidental physical, mental, or financial harm;
(B)
sexual abuse;
(C)
sexual exploitation; or
(D)
negligent treatment;
(vii)
any evidence provided by the applicant of rehabilitation, counseling, psychiatric
treatment received, or additional academic or vocational schooling completed;
(viii)
the applicant's risk of harm to clientele in the program or in the capacity for
which the applicant is applying; and
(ix)
if the background check of an applicant is being conducted for the purpose of
giving direct access qualified status to an applicant seeking a position in a
congregate care program or to become a prospective foster or adoptive parent, any
listing in the Division of Child and Family Services' Management Information
System described in Section
80-2-1001
.
(b)
At the conclusion of the comprehensive review, the office shall deny direct access
qualified status to an applicant if the office finds the approval would likely create a
risk of harm to a child or vulnerable adult.
(8)
The office shall grant direct access qualified status to an applicant who is not denied
under this section.
(9)
(a)
The office may conditionally grant direct access qualified status to an applicant,
for a maximum of 60 days after the day on which the office sends written notice,
without requiring that the applicant be directly supervised, if the office:
(i)
is awaiting the results of the criminal history search of national criminal
background databases; and
(ii)
would otherwise grant direct access qualified status to the applicant under this
section.
(b)
The office may conditionally grant direct access qualified status to an applicant, for a
maximum of one year after the day on which the office sends written notice, without
requiring that the applicant be directly supervised if the office:
(i)
is awaiting the results of an out-of-state registry for providers other than foster and
adoptive parents; and
(ii)
would otherwise grant direct access qualified status to the applicant under this
section.
(c)
Upon receiving the results of the criminal history search of a national criminal
background database, the office shall grant or deny direct access qualified status to
the applicant in accordance with this section.
(10)
(a)
Each time an applicant is associated with a licensee, the department shall review
the current status of the applicant's background check to ensure the applicant is still
eligible for direct access qualified status in accordance with this section.
(b)
A licensee may not permit an individual to have direct access to a child or a
vulnerable adult without being directly supervised unless:
(i)
the individual is the parent or guardian of the child, or the guardian of the
vulnerable adult;
(ii)
the individual is approved by the parent or guardian of the child, or the guardian
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
(iii)
the individual is only permitted to have direct access to a vulnerable adult who
voluntarily invites the individual to visit; or
(iv)
the individual only provides incidental care for a foster child on behalf of a foster
parent who has used reasonable and prudent judgment to select the individual to
provide the incidental care for the foster child.
(c)
Notwithstanding any other provision of this section, an applicant who is denied direct
access qualified status shall not have direct access to a child or vulnerable adult
unless the office grants direct access qualified status to the applicant through a
subsequent application in accordance with this section.
(11)
If the office denies direct access qualified status to an applicant, the applicant may
request a hearing in the department's Office of Administrative Hearings to challenge the
office's decision.
(12)
(a)
This Subsection
(12)
applies to an applicant associated with a certification,
contract, or licensee serving adults only.
(b)
A program director or a member, as defined in Section
26B-2-105
, of the licensee
shall comply with this section.
(c)
The office shall conduct a comprehensive review for an applicant if:
(i)
the applicant is seeking a position:
(A)
as a peer support provider;
(B)
as a mental health professional; or
(C)
in a program that serves only adults with a primary mental health diagnosis,
with or without a co-occurring substance use disorder; and
(ii)
within three years from the date on which the office conducts the background
check, the applicant has a felony or misdemeanor charge or conviction or a
non-criminal finding.
(13)
(a)
This Subsection
(13)
applies to an applicant seeking a position in a congregate
care program, an applicant seeking to provide a prospective foster home, an applicant
seeking to provide a prospective adoptive home, and each adult living in the home of
the prospective foster or prospective adoptive home.
(b)
As federally required, the office shall:
(i)
check the child abuse and neglect registry in each state where each applicant
resided in the five years immediately preceding the day on which the applicant
applied to be a foster or adoptive parent, to determine whether the prospective
foster or adoptive parent is listed in the registry as having a substantiated or
supported finding of child abuse or neglect; and
(ii)
except for applicants seeking a position in a congregate care program, check the
child abuse and neglect registry in each state where each adult living in the home
of the prospective foster or adoptive home resided in the five years immediately
preceding the day on which the applicant applied to be a foster or adoptive parent,
to determine whether the adult is listed in the registry as having a substantiated or
supported finding of child abuse or neglect.
(c)
The requirements described in Subsection
(13)(b)
do not apply to the extent that:
(i)
federal law or rule permits otherwise; or
(ii)
the requirements would prohibit the Division of Child and Family Services or a
court from placing a child with:
(A)
a noncustodial parent under Section
80-2a-301
,
80-3-302
, or
80-3-303
; or
(B)
a relative, other than a noncustodial parent, under Section
80-2a-301
,
80-3-302
,
or
80-3-303
, pending completion of the background check described in
Subsections
(5)
,
(6)
, and
(7)
.
(d)
Notwithstanding Subsections
(5)
through
(10)
, the office shall deny direct access
qualified status if the applicant has been convicted of:
(i)
a felony involving conduct that constitutes any of the following:
(A)
child abuse, as described in Section
76-5-109
;
(B)
aggravated child abuse, as described in Section
76-5-109.2
;
(C)
child abandonment, as described in Section
76-5-109.3
;
(D)
child torture, as described in Section
76-5-109.4
;
(E)
commission of domestic violence in the presence of a child, as described in
Section
76-5-114
;
(F)
abuse or neglect of a child with a disability, as described in Section
76-5-110
;
(G)
intentional aggravated abuse of a vulnerable adult, as described in Section
76-5-111
;
(H)
endangerment of a child or vulnerable adult, as described in Section
76-5-112.5
;
(I)
aggravated murder, as described in Section
76-5-202
;
(J)
murder, as described in Section
76-5-203
;
(K)
manslaughter, as described in Section
76-5-205
;
(L)
child abuse homicide, as described in Section
76-5-208
;
(M)
homicide by assault, as described in Section
76-5-209
;
(N)
kidnapping, as described in Section
76-5-301
;
(O)
child kidnapping, as described in Section
76-5-301.1
;
(P)
aggravated kidnapping, as described in Section
76-5-302
;
(Q)
human trafficking of a child, as described in Section
76-5-308.5
;
(R)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than
Section
76-5-417
,
76-5-418
, or
76-5-419
;
(S)
sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual
Exploitation Act;
(T)
aggravated exploitation of a minor, as described in Section
76-5b-201.1
;
(U)
aggravated arson, as described in Section
76-6-103
;
(V)
aggravated burglary, as described in Section
76-6-203
;
(W)
aggravated robbery, as described in Section
76-6-302
;
(X)
incest, as described in Section
76-7-102
; or
(Y)
domestic violence, as described in Section
77-36-1
; or
(ii)
an offense committed outside the state that, if committed in the state, would
constitute a violation of an offense described in Subsection
(13)(d)(i)
.
(e)
Notwithstanding Subsections
(5)
through
(10)
, the office shall deny direct access
qualified status to an applicant if, within the five years from the date on which the
office conducts the background check, the applicant was convicted of a felony
involving conduct that constitutes a violation of any of the following:
(i)
aggravated assault, as described in Section
76-5-103
;
(ii)
aggravated assault by a prisoner, as described in Section
76-5-103.5
;
(iii)
mayhem, as described in Section
76-5-105
;
(iv)
an offense described in
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances
;
(v)
an offense described in
Title 58, Chapter 37a, Utah Drug Paraphernalia Act
Title
76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia
;
(vi)
an offense described in
Title 58, Chapter 37b, Imitation Controlled Substances
Act
Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled
Substances
;
(vii)
an offense described in
Title 58, Chapter 37c, Utah Controlled Substance
Precursor Act
Title 58, Chapter 37c, Controlled Substance Precursors
;
or
(viii)
an offense described in
Title 58, Chapter 37d, Clandestine Drug Lab Act
Title
76, Chapter 18, Part 5, Clandestine Drug Labs; or
(ix)
an offense described in a statute previously in effect in this state that is the same
or substantially similar to an offense described in Subsections
(13)(e)(i)
through
(viii)
.
(f)
In addition to the circumstances described in Subsection
(6)
, the office shall conduct
a comprehensive review of an applicant's background check under this section if the
applicant:
(i)
has an offense described in Subsection
(5)(a)
;
(ii)
has an infraction conviction entered on a date that is no more than three years
before the date on which the office conducts the background check;
(iii)
has a listing in the Division of Child and Family Services' Licensing Information
System described in Section
80-2-1002
;
(iv)
has a listing in the Division of Aging and Adult Services' vulnerable adult,
neglect, or exploitation database described in Section
26B-2-210
;
(v)
has a substantiated finding of severe child abuse or neglect under Section
80-3-404
or
80-3-504
; or
(vi)
has a listing on the registry check described in Subsection
(13)(b)
as having a
substantiated or supported finding of a severe type of child abuse or neglect, as
defined in Section
80-1-102
.
(14)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules, consistent with this part, to:
(a)
establish procedures for, and information to be examined in, the comprehensive
review described in Subsections
(6)
,
(7)
, and
(13)
; and
(b)
determine whether to consider an offense or incident that occurred while an
individual was in the custody of the Division of Child and Family Services or the
Division of Juvenile Justice and Youth Services for purposes of granting or denying
direct access qualified status to an applicant.
Section 15. Section
26B-2-229
is amended to read:
26B-2-229
Effective
05/06/26
. Disposal of controlled substances at nursing care
facilities.
(1)
As used in this section:
(a)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(b)
(i)
"Irretrievable" means a state in which the physical or chemical condition of a
controlled substance is permanently altered through irreversible means so that the
controlled substance is unavailable and unusable for all practical purposes.
(ii)
A controlled substance is irretrievable if the controlled substance is
non-retrievable as that term is defined in 21 C.F.R. Sec. 1300.05.
(2)
A nursing care facility that is in lawful possession of a controlled substance in the
nursing care facility's inventory that desires to dispose of the controlled substance shall
dispose of the controlled substance in a manner that:
(a)
renders the controlled substance irretrievable; and
(b)
complies with all applicable federal and state requirements for the disposal of a
controlled substance.
(3)
A nursing care facility shall:
(a)
develop a written plan for the disposal of a controlled substance in accordance with
this section; and
(b)
make the plan described in Subsection
(3)(a)
available to the department and the
committee for inspection.
Section 16. Section
26B-3-131
is amended to read:
26B-3-131
Effective
05/06/26
. Screening, Brief Intervention, and Referral to
Treatment Medicaid reimbursement.
(1)
As used in this section:
(a)
"Controlled substance prescriber" means a controlled substance prescriber, as that
term is defined in Section
58-37-6.5
58-37-303
, who:
(i)
has a record of having completed SBIRT training, in accordance with Subsection
58-37-6.5(2)
58-37-303(2)
, before providing the SBIRT services; and
(ii)
is a Medicaid enrolled health care provider.
(b)
"SBIRT" means the same as that term is defined in Section
58-37-6.5
58-37-303
.
(2)
The department shall reimburse a controlled substance prescriber who provides SBIRT
services to a Medicaid enrollee who is 13 years old or older for the SBIRT services.
Section 17. Section
26B-4-201
is amended to read:
26B-4-201
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Active tetrahydrocannabinol" means THC, any THC analog, and
tetrahydrocannabinolic acid.
(2)
"Administration of criminal justice" means the performance of detection, apprehension,
detention, pretrial release, post-trial release, prosecution, and adjudication.
(3)
"Advertise" means information provided by a person in any medium:
(a)
to the public; and
(b)
that is not age restricted to an individual who is at least 21 years old.
(4)
"Advisory board" means the Medical Cannabis Policy Advisory Board created in
Section
26B-1-435
.
(5)
"Cannabis" means marijuana.
(6)
"Cannabis processing facility" means the same as that term is defined in Section
4-41a-102
.
(7)
"Cannabis product" means a product that:
(a)
is intended for human use; and
(b)
contains cannabis or any tetrahydrocannabinol or THC analog in a total
concentration of 0.3% or greater on a dry weight basis.
(8)
"Cannabis production establishment" means the same as that term is defined in Section
4-41a-102
.
(9)
"Cannabis production establishment agent" means the same as that term is defined in
Section
4-41a-102
.
(10)
"Cannabis production establishment agent registration card" means the same as that
term is defined in Section
4-41a-102
.
(11)
"Conditional medical cannabis card" means an electronic medical cannabis card that
the department issues in accordance with Subsection
26B-4-213(1)(b)
to allow an
applicant for a medical cannabis card to access medical cannabis during the department's
review of the application.
(12)
"Controlled substance database" means the controlled substance database created in
Section
58-37f-201
.
(13)
"Delivery address" means the same as that term is defined in Section
4-41a-102
.
(14)
"Department" means the Department of Health and Human Services.
(15)
"Designated caregiver" means:
(a)
an individual:
(i)
whom an individual with a medical cannabis patient card or a medical cannabis
guardian card designates as the patient's caregiver; and
(ii)
who registers with the department under Section
26B-4-214
; or
(b)
(i)
a facility that an individual designates as a designated caregiver in accordance
with Subsection
26B-4-214(1)(b)
; or
(ii)
an assigned employee of the facility described in Subsection
26B-4-214(1)(b)(ii)
.
(16)
"Directions of use" means recommended routes of administration for a medical
cannabis treatment and suggested usage guidelines.
(17)
"Dosing guidelines" means a quantity range and frequency of administration for a
recommended treatment of medical cannabis.
(18)
"Government issued photo identification" means any of the following forms of
identification:
(a)
a valid state-issued driver license or identification card;
(b)
a valid United States federal-issued photo identification, including:
(i)
a United States passport;
(ii)
a United States passport card;
(iii)
a United States military identification card; or
(iv)
a permanent resident card or alien registration receipt card; or
(c)
a foreign passport.
(19)
"Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that
the department authorizes, as part of the pharmacy's license, to deliver medical cannabis
shipments to a delivery address to fulfill electronic orders.
(20)
"Inventory control system" means the system described in Section
4-41a-103
.
(21)
"Legal dosage limit" means an amount that:
(a)
is sufficient to provide 30 days of treatment based on the dosing guidelines that the
relevant recommending medical provider or pharmacy medical provider, in
accordance with Subsection
26B-4-231(5)
, recommends; and
(b)
may not exceed:
(i)
for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
(ii)
for a cannabis product in a medicinal dosage form, a quantity that contains, in
total, greater than 20 grams of active tetrahydrocannabinol.
(22)
"Legal use termination date" means a date on the label of a container of unprocessed
cannabis flower:
(a)
that is 60 days after the date of purchase of the cannabis; and
(b)
after which, the cannabis is no longer in a medicinal dosage form outside of the
primary residence of the relevant medical cannabis patient cardholder.
(23)
"Marijuana" means the same as that term is defined in Section
58-37-2
58-37-101
.
(24)
"Medical cannabis" or "medical cannabis product" means cannabis in a medicinal
dosage form or a cannabis product in a medicinal dosage form.
(25)
"Medical cannabis card" means a medical cannabis patient card, a medical cannabis
guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card.
(26)
"Medical cannabis cardholder" means:
(a)
a holder of a medical cannabis card; or
(b)
a facility or assigned employee, described in Subsection
(15)(b)
, only:
(i)
within the scope of the facility's or assigned employee's performance of the role of
a medical cannabis patient cardholder's caregiver designation under Subsection
26B-4-214(1)(b)
; and
(ii)
while in possession of documentation that establishes:
(A)
a caregiver designation described in Subsection
26B-4-214(1)(b)
;
(B)
the identity of the individual presenting the documentation; and
(C)
the relation of the individual presenting the documentation to the caregiver
designation.
(27)
"Medical cannabis caregiver card" means an electronic document that a cardholder
may print or store on an electronic device or a physical card or document that:
(a)
the department issues to an individual whom a medical cannabis patient cardholder
or a medical cannabis guardian cardholder designates as a designated caregiver; and
(b)
is connected to the electronic verification system.
(28)
"Medical cannabis courier" means the same as that term is defined in Section
4-41a-102
.
(29)
(a)
"Medical cannabis device" means a device that an individual uses to ingest or
inhale medical cannabis.
(b)
"Medical cannabis device" does not include a device that:
(i)
facilitates cannabis combustion; or
(ii)
an individual uses to ingest substances other than cannabis.
(30)
"Medical cannabis guardian card" means an electronic document that a cardholder may
print or store on an electronic device or a physical card or document that:
(a)
the department issues to the parent or legal guardian of a minor with a qualifying
condition; and
(b)
is connected to the electronic verification system.
(31)
"Medical cannabis patient card" means an electronic document that a cardholder may
print or store on an electronic device or a physical card or document that:
(a)
the department issues to an individual with a qualifying condition; and
(b)
is connected to the electronic verification system.
(32)
"Medical cannabis pharmacy" means a person that:
(a)
(i)
acquires or intends to acquire medical cannabis from a cannabis processing
facility or another medical cannabis pharmacy or a medical cannabis device; or
(ii)
possesses medical cannabis or a medical cannabis device; and
(b)
sells or intends to sell medical cannabis or a medical cannabis device to a medical
cannabis cardholder.
(33)
"Medical cannabis pharmacy agent" means an individual who holds a valid medical
cannabis pharmacy agent registration card issued by the department.
(34)
"Medical cannabis pharmacy agent registration card" means a registration card issued
by the department that authorizes an individual to act as a medical cannabis pharmacy
agent.
(35)
"Medical cannabis shipment" means the same as that term is defined in Section
4-41a-102
.
(36)
"Medical cannabis treatment" means medical cannabis or a medical cannabis device.
(37)
(a)
"Medicinal dosage form" means:
(i)
for processed medical cannabis, the following with a specific and consistent
cannabinoid content:
(A)
a tablet;
(B)
a capsule;
(C)
a concentrated liquid or viscous oil;
(D)
a liquid suspension that does not exceed 30 milliliters;
(E)
a topical preparation;
(F)
a transdermal preparation;
(G)
a sublingual preparation;
(H)
a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
rectangular cuboid shape;
(I)
a resin or wax;
(J)
an aerosol;
(K)
a suppository preparation; or
(L)
a soft or hard confection that is a uniform rectangular cuboid or uniform
spherical shape, is homogeneous in color and texture, and each piece is a single
serving; or
(ii)
for unprocessed cannabis flower, a container described in Section
4-41a-602
that:
(A)
contains cannabis flower in a quantity that varies by no more than 10% from
the stated weight at the time of packaging;
(B)
at any time the medical cannabis cardholder transports or possesses the
container in public, is contained within an opaque bag or box that the medical
cannabis pharmacy provides; and
(C)
is labeled with the container's content and weight, the date of purchase, the
legal use termination date, and a barcode that provides information connected
to an inventory control system.
(b)
"Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
(i)
the medical cannabis cardholder has recently removed from the container
described in Subsection
(37)(a)(ii)
for use; and
(ii)
does not exceed the quantity described in Subsection
(37)(a)(ii)
.
(c)
"Medicinal dosage form" does not include:
(i)
any unprocessed cannabis flower outside of the container described in Subsection
(37)(a)(ii)
, except as provided in Subsection
(37)(b)
;
(ii)
any unprocessed cannabis flower in a container described in Subsection
(37)(a)(ii)
after the legal use termination date;
(iii)
a process of vaporizing and inhaling concentrated cannabis by placing the
cannabis on a nail or other metal object that is heated by a flame, including a
blowtorch;
(iv)
a liquid suspension that is branded as a beverage;
(v)
a substance described in Subsection
(37)(a)(i)
or
(ii)
if the substance is not
measured in grams, milligrams, or milliliters; or
(vi)
a substance that contains or is covered to any degree with chocolate.
(38)
"Nonresident patient" means an individual who:
(a)
is not a resident of Utah or has been a resident of Utah for less than 45 days;
(b)
has a currently valid medical cannabis card or the equivalent of a medical cannabis
card under the laws of another state, district, territory, commonwealth, or insular
possession of the United States; and
(c)
has been diagnosed with a qualifying condition as described in Section
26B-4-203
.
(39)
"Patient product information insert" means a single page document or webpage that
contains information about a medical cannabis product regarding:
(a)
how to use the product;
(b)
common side effects;
(c)
serious side effects;
(d)
dosage;
(e)
contraindications;
(f)
safe storage;
(g)
information on when a product should not be used; and
(h)
other information the department deems appropriate in consultation with the
cannabis processing facility that created the product.
(40)
"Pharmacy medical provider" means the medical provider required to be on site at a
medical cannabis pharmacy under Section
26B-4-219
.
(41)
"Provisional patient card" means a card that:
(a)
the department issues to a minor with a qualifying condition for whom:
(i)
a recommending medical provider has recommended a medical cannabis
treatment; and
(ii)
the department issues a medical cannabis guardian card to the minor's parent or
legal guardian; and
(b)
is connected to the electronic verification system.
(42)
"Qualified Patient Enterprise Fund" means the enterprise fund created in Section
26B-1-310
.
(43)
"Qualifying condition" means a condition described in Section
26B-4-203
.
(44)
"Recommend" or "recommendation" means, for a recommending medical provider, the
act of suggesting the use of medical cannabis treatment, which:
(a)
certifies the patient's eligibility for a medical cannabis card; and
(b)
may include, at the recommending medical provider's discretion, directions of use,
with or without dosing guidelines.
(45)
"Recommending medical provider" means an individual who:
(a)
meets the recommending qualifications;
(b)
completes four hours of continuing medical education specific to medical cannabis
through formal or informal sources; and
(c)
every two years, provides an acknowledgment to the department that the individual
completed four hours of continuing medical education.
(46)
"Recommending qualifications" means that an individual:
(a)
(i)
has the authority to write a prescription;
(ii)
is licensed to prescribe a controlled substance under
Title 58, Chapter 37, Utah
Controlled Substances Act
Title 58, Chapter 37, Controlled Substances
; and
(iii)
possesses the authority, in accordance with the individual's scope of practice, to
prescribe a Schedule II controlled substance; and
(b)
is licensed as:
(i)
a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(ii)
an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice
Act;
(iii)
a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
Chapter 68, Utah Osteopathic Medical Practice Act; or
(iv)
a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
(47)
"State electronic verification system" means the system described in Section
26B-4-202
.
(48)
"Targeted marketing" means the promotion by a recommending medical provider,
medical clinic, or medical office that employs a recommending medical provider of a
medical cannabis recommendation service using any of the following methods:
(a)
electronic communication to an individual who is at least 21 years old and has
requested to receive promotional information;
(b)
an in-person marketing event that is held in an area where only an individual who is
at least 21 years old may access the event;
(c)
other marketing material that is physically or digitally displayed in the office of the
medical clinic or office that employs a recommending medical provider; or
(d)
a leaflet that a recommending medical provider, medical clinic, or medical office that
employs a recommending medical provider shares with an individual who is at least
21 years old.
(49)
"Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a
synthetic equivalent as described in Subsection
58-37-4(2)(a)(iii)(AA)
58-37-108(2)(a)(iii)(AA)
.
(50)
"THC analog" means the same as that term is defined in Section
4-41-102
.
Section 18. Section
26B-4-211
is amended to read:
26B-4-211
Effective
05/06/26
. Analogous to prescribed controlled substances.
When an employee, officer, or agent of the state or a political subdivision makes a
finding, determination, or otherwise considers an individual's possession or use of cannabis, a
cannabis product, or a medical cannabis device, the employee, officer, or agent may not
consider the individual's possession or use any differently than the lawful possession or use of
any prescribed controlled substance, if the individual's possession or use complies with:
(1)
this part;
(2)
Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies
; or
(3)
Subsection
58-37-3.7(2)
58-37-404(2)
or
(3)
.
Section 19. Section
26B-4-212
is amended to read:
26B-4-212
Effective
05/06/26
. Institutional review board -- Approved study of
cannabis, a cannabinoid product, or an expanded cannabinoid product.
(1)
As used in this section:
(a)
"Approved study" means a medical research study:
(i)
the purpose of which is to investigate the medical benefits and risks of
cannabinoid products; and
(ii)
that is approved by an IRB.
(b)
"Cannabinoid product" means the same as that term is defined in Section
58-37-3.6
58-37-403
.
(c)
"Cannabis" means the same as that term is defined in Section
58-37-3.6
58-37-403
.
(d)
"Expanded cannabinoid product" means the same as that term is defined in Section
58-37-3.6
58-37-403
.
(e)
"Institutional review board" or "IRB" means an institutional review board that is
registered for human subject research by the United States Department of Health and
Human Services.
(2)
A person conducting an approved study may, for the purposes of the study:
(a)
process a cannabinoid product or an expanded cannabinoid product;
(b)
possess a cannabinoid product or an expanded cannabinoid product; and
(c)
administer a cannabinoid product, or an expanded cannabinoid product to an
individual in accordance with the approved study.
(3)
A person conducting an approved study may:
(a)
import cannabis, a cannabinoid product, or an expanded cannabinoid product from
another state if:
(i)
the importation complies with federal law; and
(ii)
the person uses the cannabis, cannabinoid product, or expanded cannabinoid
product in accordance with the approved study; or
(b)
obtain cannabis, a cannabinoid product, or an expanded cannabinoid product from
the National Institute on Drug Abuse.
(4)
A person conducting an approved study may distribute cannabis, a cannabinoid product,
or an expanded cannabinoid product outside the state if:
(a)
the distribution complies with federal law; and
(b)
the distribution is for the purposes of, and in accordance with, the approved study.
Section 20. Section
26B-4-216
is amended to read:
26B-4-216
Effective
05/06/26
. Medical cannabis card -- Patient and designated
caregiver requirements -- Rebuttable presumption.
(1)
(a)
A medical cannabis cardholder who possesses medical cannabis that the
cardholder purchased under this part:
(i)
shall carry:
(A)
at all times the cardholder's medical cannabis card; and
(B)
with the medical cannabis, a label that identifies that the medical cannabis was
sold from a licensed medical cannabis pharmacy and includes an identification
number that links the medical cannabis to the inventory control system;
(ii)
may possess up to the legal dosage limit of:
(A)
unprocessed cannabis in medicinal dosage form; and
(B)
a cannabis product in medicinal dosage form;
(iii)
may not possess more medical cannabis than described in Subsection
(1)(a)(ii)
;
(iv)
may only possess the medical cannabis in the container in which the cardholder
received the medical cannabis from the medical cannabis pharmacy; and
(v)
may not alter or remove any label described in Section
4-41a-602
from the
container described in Subsection
(1)(a)(iv)
.
(b)
Except as provided in Subsection
(1)(c)
or
(e)
, a medical cannabis cardholder who
possesses medical cannabis in violation of Subsection
(1)(a)
is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(c)
A medical cannabis cardholder or a nonresident patient who possesses medical
cannabis in an amount that is greater than the legal dosage limit and equal to or less
than twice the legal dosage limit is:
(i)
for a first offense:
(A)
guilty of an infraction; and
(B)
subject to a fine of up to $100; and
(ii)
for a second or subsequent offense:
(A)
guilty of a class B misdemeanor; and
(B)
subject to a fine of $1,000.
(d)
An individual who is guilty of a violation described in Subsection
(1)(b)
or
(c)
is not
guilty of a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title
58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, for the conduct underlying the penalty described
in Subsection
(1)(b)
or
(c)
.
(e)
A nonresident patient who possesses medical cannabis that is not in a medicinal
dosage form is:
(i)
for a first offense:
(A)
guilty of an infraction; and
(B)
subject to a fine of up to $100; and
(ii)
for a second or subsequent offense, is subject to the penalties described in
Title
58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37, Controlled
Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances
.
(f)
A medical cannabis cardholder or a nonresident patient who possesses medical
cannabis in an amount that is greater than twice the legal dosage limit is subject to
the penalties described in
Title 58, Chapter 37, Utah Controlled Substances Act
Title
58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
.
(2)
(a)
As used in this Subsection
(2)
, "emergency medical condition" means the same as
that term is defined in Section
31A-1-301
.
(b)
Except as described in Subsection
(2)(c)
, a medical cannabis patient cardholder, a
provisional patient cardholder, or a nonresident patient may not use, in public view,
medical cannabis or a cannabis product.
(c)
In the event of an emergency medical condition, an individual described in
Subsection
(2)(b)
may use, and the holder of a medical cannabis guardian card or a
medical cannabis caregiver card may administer to the cardholder's charge, in public
view, cannabis in a medicinal dosage form or a cannabis product in a medicinal
dosage form.
(d)
An individual described in Subsection
(2)(b)
who violates Subsection
(2)(b)
is:
(i)
for a first offense:
(A)
guilty of an infraction; and
(B)
subject to a fine of up to $100; and
(ii)
for a second or subsequent offense:
(A)
guilty of a class B misdemeanor; and
(B)
subject to a fine of $1,000.
(3)
If a medical cannabis cardholder carrying the cardholder's card possesses cannabis in a
medicinal dosage form or a cannabis product in compliance with Subsection
(1)
, or a
medical cannabis device that corresponds with the cannabis or cannabis product:
(a)
there is a rebuttable presumption that the cardholder possesses the cannabis, cannabis
product, or medical cannabis device legally; and
(b)
there is no probable cause, based solely on the cardholder's possession of the
cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or
medical cannabis device, to believe that the cardholder is engaging in illegal activity.
(4)
(a)
If a law enforcement officer stops an individual who possesses cannabis in a
medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical
cannabis device, and the individual represents to the law enforcement officer that the
individual holds a valid medical cannabis card, but the individual does not have the
medical cannabis card in the individual's possession at the time of the stop by the law
enforcement officer, the law enforcement officer shall attempt to access the state
electronic verification system to determine whether the individual holds a valid
medical cannabis card.
(b)
If the law enforcement officer is able to verify that the individual described in
Subsection
(4)(a)
is a valid medical cannabis cardholder, the law enforcement officer:
(i)
may not arrest or take the individual into custody for the sole reason that the
individual is in possession of cannabis in a medicinal dosage form, a cannabis
product in a medicinal dosage form, or a medical cannabis device; and
(ii)
may not seize the cannabis, cannabis product, or medical cannabis device.
Section 21. Section
26B-4-220
is amended to read:
26B-4-220
Effective
05/06/26
. Enforcement -- Misdemeanor.
(1)
Except as provided in
Title 4, Chapter 41a, Cannabis Production Establishments and
Pharmacies
, it is unlawful for a medical cannabis cardholder to sell or otherwise give to
another medical cannabis cardholder cannabis in a medicinal dosage form, a cannabis
product in a medicinal dosage form, a medical cannabis device, or any cannabis residue
remaining in or from a medical cannabis device.
(2)
(a)
Except as provided in Subsection
(2)(b)
, a medical cannabis cardholder who
violates Subsection
(1)
is:
(i)
guilty of a class B misdemeanor; and
(ii)
subject to a $1,000 fine.
(b)
An individual is not guilty under Subsection
(2)(a)
if the individual:
(i)
(A)
is a designated caregiver; and
(B)
gives the product described in Subsection
(1)
to the medical cannabis
cardholder who designated the individual as a designated caregiver; or
(ii)
(A)
is a medical cannabis guardian cardholder; and
(B)
gives the product described in Subsection
(1)
to the relevant provisional
patient cardholder.
(c)
An individual who is guilty of a violation described in Subsection
(2)(a)
is not guilty
of a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58,
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, for the conduct underlying the violation
described in Subsection
(2)(a)
.
Section 22. Section
26B-4-501
is amended to read:
26B-4-501
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Controlled substance" means the same as that term is defined in
Title
58, Chapter 37
, Utah Controlled Substances Act
Title 58, Chapter 37, Controlled Substances
.
(2)
"Critical access hospital" means a critical access hospital that meets the criteria of 42
U.S.C. Sec. 1395i-4(c)(2).
(3)
"Designated facility" means:
(a)
a freestanding urgent care center;
(b)
a general acute hospital; or
(c)
a critical access hospital.
(4)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(5)
"Division" means the Division of Professional Licensing created in Section
58-1-103
.
(6)
"Emergency contraception" means the use of a substance, approved by the United States
Food and Drug Administration, to prevent pregnancy after sexual intercourse.
(7)
"Freestanding urgent care center" means the same as that term is defined in Section
59-12-801
.
(8)
"General acute hospital" means the same as that term is defined in Section
26B-2-201
.
(9)
"Health care facility" means a hospital, a hospice inpatient residence, a nursing facility,
a dialysis treatment facility, an assisted living residence, an entity that provides home-
and community-based services, a hospice or home health care agency, or another facility
that provides or contracts to provide health care services, which facility is licensed under
Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(10)
"Health care provider" means:
(a)
a physician, as defined in Section
58-67-102
;
(b)
an advanced practice registered nurse, as defined in Section
58-31b-102
;
(c)
a physician assistant, as defined in Section
58-70a-102
; or
(d)
an individual licensed to engage in the practice of dentistry, as defined in Section
58-69-102
.
(11)
"Increased risk" means risk exceeding the risk typically experienced by an individual
who is not using, and is not likely to use, an opiate.
(12)
"Opiate" means the same as that term is defined in Section
58-37-2
58-37-101
.
(13)
"Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is
not a controlled substance and that is approved by the federal Food and Drug
Administration for the diagnosis or treatment of an opiate-related drug overdose.
(14)
"Opiate-related drug overdose event" means an acute condition, including a decreased
level of consciousness or respiratory depression resulting from the consumption or use
of a controlled substance, or another substance with which a controlled substance was
combined, and that a person would reasonably believe to require medical assistance.
(15)
"Overdose outreach provider" means:
(a)
a law enforcement agency;
(b)
a fire department;
(c)
an emergency medical service provider, as defined in Section
53-2d-101
;
(d)
emergency medical service personnel, as defined in Section
53-2d-101
;
(e)
an organization providing treatment or recovery services for drug or alcohol use;
(f)
an organization providing support services for an individual, or a family of an
individual, with a substance use disorder;
(g)
a certified peer support specialist, as defined in Section
26B-5-610
;
(h)
an organization providing substance use or mental health services under contract
with a local substance abuse authority, as defined in Section
26B-5-101
, or a local
mental health authority, as defined in Section
26B-5-101
;
(i)
an organization providing services to the homeless;
(j)
a local health department;
(k)
an individual licensed to practice under:
(i)
Title 58, Chapter 17b, Pharmacy Practice Act;
(ii)
Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or
(iii)
Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act; or
(l)
an individual.
(16)
"Patient counseling" means the same as that term is defined in Section
58-17b-102
.
(17)
"Pharmacist" means the same as that term is defined in Section
58-17b-102
.
(18)
"Pharmacy intern" means the same as that term is defined in Section
58-17b-102
.
(19)
"Physician" means the same as that term is defined in Section
58-67-102
.
(20)
"Practitioner" means:
(a)
a physician; or
(b)
any other person who is permitted by law to prescribe emergency contraception.
(21)
"Prescribe" means the same as that term is defined in Section
58-17b-102
.
(22)
(a)
"Self-administered hormonal contraceptive" means a self-administered hormonal
contraceptive that is approved by the United States Food and Drug Administration to
prevent pregnancy.
(b)
"Self-administered hormonal contraceptive" includes an oral hormonal contraceptive,
a hormonal vaginal ring, and a hormonal contraceptive patch.
(c)
"Self-administered hormonal contraceptive" does not include any drug intended to
induce an abortion, as that term is defined in Section
76-7-301
.
(23)
(a)
"Sexual assault" means any criminal conduct described in Title 76, Chapter 5,
Part 4, Sexual Offenses, that may result in a pregnancy.
(b)
"Sexual assault" does not include criminal conduct described in:
(i)
Section
76-5-417
, enticing a minor;
(ii)
Section
76-5-418
, sexual battery;
(iii)
Section
76-5-419
, lewdness; or
(iv)
Section
76-5-420
, lewdness involving a child.
(24)
"Victim of sexual assault" means any person who presents to receive, or receives,
medical care in consequence of being subjected to sexual assault.
Section 23. Section
26B-4-513
is amended to read:
26B-4-513
Effective
05/06/26
. Coprescription guidelines.
(1)
As used in this section:
(a)
"Controlled substance prescriber" means the same as that term is defined in Section
58-37-6.5
58-37-303
.
(b)
"Coprescribe" means to issue a prescription for an opiate antagonist with a
prescription for an opiate.
(2)
The department shall, in consultation with the Medical Licensing Board created in
Section
58-67-201
, and the Division of Professional Licensing created in Section
58-1-103
, establish by rule, made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, scientifically based guidelines for controlled substance
prescribers to coprescribe an opiate antagonist to a patient.
Section 24. Section
29-2-102
is amended to read:
29-2-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Alcoholic beverage" has the same meaning as provided in Section
32B-1-102
.
(2)
"Controlled substance" has the same meaning as provided in Section
58-37-2
58-37-101
.
(3)
"Guest" means a person for whom an innkeeper was paid to provide temporary sleeping
accommodations in a lodging establishment.
(4)
"Innkeeper" means the proprietor or designated employee of a proprietor of a lodging
establishment.
(5)
"Lodging establishment" means a place providing temporary sleeping accommodations
to the public, including any of the following:
(a)
a bed and breakfast establishment;
(b)
a boarding house;
(c)
a hotel;
(d)
an inn;
(e)
a lodging house;
(f)
a motel;
(g)
a resort; or
(h)
a rooming house.
(6)
"Minor" means an unemancipated person younger than 18 years
of age
old
.
Section 25. Section
32B-3-303
is amended to read:
32B-3-303
Effective
05/06/26
. Acts making a person subject to this part.
(1)
One or more of the following acts constitute a nuisance activity:
(a)
a single felony conviction within the last two years of:
(i)
a retail licensee; or
(ii)
supervisory or managerial level staff of the retail licensee;
(b)
a single conviction
under
Title 58, Chapter 37, Utah Controlled Substances Act
for
an offense described in Title 58, Chapter 37, Controlled Substances, or Title 76,
Chapter 18, Part 2, Offenses Concerning Controlled Substances, or an offense
described in a statute previously in effect in this state that is the same or substantially
the same as a conviction for an offense described in Title 58, Chapter 37, Controlled
Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances
:
(i)
(A)
of a retail licensee; or
(B)
of
staff of the retail licensee;
(ii)
within the last two years; and
(iii)
made on the basis of an act that occurs on the licensed premises;
(c)
three or more convictions of patrons of a retail licensee
under
Title 58, Chapter 37,
Utah Controlled Substances Act
for an offense described in Title 58, Chapter 37,
Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances, or an offense described in a statute previously in effect in this
state that is the same or substantially the same as a conviction for an offense
described in Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18,
Part 2, Offenses Concerning Controlled Substances
, if:
(i)
the convictions are made on the basis of an act that occurs on the licensed
premises; and
(ii)
there is evidence that the retail licensee knew or should have known of the illegal
activity;
(d)
a single conviction within the last two years of a retail licensee or staff of the retail
licensee that is made on the basis of:
(i)
pornographic and harmful materials:
(A)
that violate
Title 76, Chapter 5c, Pornographic and Harmful Materials and
Performances
; and
(B)
if the violation occurs on the licensed premises;
(ii)
prostitution;
(iii)
engaging in or permitting gambling, as defined and proscribed in
Title 76,
Chapter 9, Part 14, Gambling
, on the licensed premises;
(iv)
having any fringe gaming device, video gaming device, or gambling device or
record as defined in Section
76-9-1401
on the licensed premises;
(v)
on the licensed premises engaging in or permitting a contest, game, gaming
scheme, or gaming device that requires the risking of something of value for a
return or for an outcome when the return or outcome is based upon an element of
chance, excluding the playing of an amusement device that confers only an
immediate and unrecorded right of replay not exchangeable for value;
(vi)
a disturbance of the peace that occurs on the licensed premises; or
(vii)
disorderly conduct that occurs on the licensed premises; or
(e)
three or more adjudicated violations of this title within the last two years by a retail
licensee or by staff of the retail licensee that result in a criminal citation or an
administrative referral to the department relating to:
(i)
the sale, offer for sale, or furnishing of an alcoholic product to a minor;
(ii)
the sale, offer for sale, or furnishing of an alcoholic product to a person actually,
apparently, or obviously intoxicated;
(iii)
the sale, offer for sale, or furnishing of an alcoholic product after the lawful
hours for the sale or furnishing; or
(iv)
acts or conduct on the licensed premises contrary to the public welfare and
morals involving lewd acts or lewd entertainment prohibited by this title.
(2)
For purposes of Subsection
(1)
, in the case of a retail licensee that is a partnership,
corporation, or limited liability company, a conviction under Subsection
(1)(c)
includes
a conviction of any of the following for an offense described in Subsection
(1)(c)
:
(a)
a partner;
(b)
a managing agent;
(c)
a manager;
(d)
an officer;
(e)
a director;
(f)
a stockholder who holds at least 20% of the total issued and outstanding stock of a
corporate retail licensee; or
(g)
a member who owns at least 20% of a limited liability company retail licensee.
Section 26. Section
32B-5-301
is amended to read:
32B-5-301
Effective
05/06/26
. General operational requirements.
(1)
(a)
A retail licensee and staff of a retail licensee shall comply with this title and the
rules of the commission, including the relevant chapter or part for the specific type of
retail license.
(b)
Failure to comply as provided in Subsection
(1)(a)
may result in disciplinary action
in accordance with
Chapter 3, Disciplinary Actions and Enforcement Act
, against:
(i)
a retail licensee;
(ii)
individual staff of a retail licensee; or
(iii)
both a retail licensee and staff of the retail licensee.
(2)
(a)
If there is a conflict between this part and the relevant chapter or part for the
specific type of retail license, the relevant chapter or part for the specific type of retail
license governs.
(b)
Notwithstanding that this part refers to "liquor" or an "alcoholic product," a retail
licensee may only sell, offer for sale, furnish, or allow the consumption of an
alcoholic product specifically authorized by the relevant chapter or part for the retail
licensee's specific type of retail license.
(c)
Notwithstanding that this part or the relevant chapter or part for a specific retail
licensee refers to "retail licensee," staff of the retail licensee is subject to the same
requirement or prohibition.
(3)
(a)
A retail licensee shall display in a prominent place in the licensed premises the
retail license that is issued by the department.
(b)
A retail licensee shall display in a prominent place a sign in large letters that consists
of text in the following order:
(i)
a header that reads: "WARNING";
(ii)
a warning statement that reads: "Drinking alcoholic beverages during pregnancy
can cause birth defects and permanent brain damage for the child.";
(iii)
a statement in smaller font that reads: "Call the Utah Department of Health and
Human Services at [insert most current toll-free number] with questions or for
more information.";
(iv)
a header that reads: "WARNING"; and
(v)
a warning statement that reads: "Driving under the influence of alcohol or drugs is
a serious crime that is prosecuted aggressively in Utah."
(c)
(i)
The text described in Subsections
(3)(b)(i)
through
(iii)
shall be in a different
font style than the text described in Subsections
(3)(b)(iv)
and
(v)
.
(ii)
The warning statements in the sign described in Subsection
(3)(b)
shall be in the
same font size.
(d)
The Department of Health and Human Services shall work with the commission and
department to facilitate consistency in the format of a sign required under this section.
(4)
A retail licensee may not on the licensed premises:
(a)
engage in or permit any form of gambling, as defined in Section
76-9-1401
, or fringe
gambling, as defined in Section
76-9-1401
;
(b)
have any fringe gaming device, video gaming device, or gambling device or record
as defined in Section
76-9-1401
; or
(c)
engage in or permit a contest, game, gaming scheme, or gaming device that requires
the risking of something of value for a return or for an outcome when the return or
outcome is based upon an element of chance, excluding the playing of an amusement
device that confers only an immediate and unrecorded right of replay not
exchangeable for value.
(5)
A retail licensee may not knowingly allow a person on the licensed premises to, in
violation of
Title 58, Chapter 37, Utah Controlled Substances Act
, or
Chapter 37a, Utah
Drug Paraphernalia Act
Title 58, Chapter 37, Controlled Substances, or Title 76,
Chapter 18, Part 2, Offenses Concerning Controlled Substances, or Part 3, Offenses
Concerning Drug Paraphernalia
:
(a)
sell, distribute, possess, or use a controlled substance, as defined in Section
58-37-2
58-37-101
; or
(b)
use, deliver, or possess with the intent to deliver drug paraphernalia, as defined in
Section
58-37a-3
76-18-301
.
(6)
Upon the presentation of credentials, at any time during which a retail licensee is open
for the transaction of business, the retail licensee shall immediately:
(a)
admit a commissioner, authorized department employee, or law enforcement officer
to the retail licensee's premises; and
(b)
permit, without hindrance or delay, the person described in Subsection
(6)(a)
to
inspect completely:
(i)
the entire premises of the retail licensee; and
(ii)
the records of the retail licensee.
(7)
An individual may not consume an alcoholic product on the licensed premises of a retail
licensee on any day during the period:
(a)
beginning one hour after the time of day that the period during which a retail licensee
may not sell, offer for sale, or furnish an alcoholic product on the licensed premises
begins; and
(b)
ending at the time specified in the relevant chapter or part for the retail licensee's
specific type of retail license when the retail licensee may first sell, offer for sale, or
furnish an alcoholic product on the licensed premises on that day.
(8)
An employee of a retail licensee who sells, offers for sale, or furnishes an alcoholic
product to a patron shall wear an identification badge.
(9)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
commission shall make rules:
(a)
related to the requirement described in Subsection
(8)
; and
(b)
for dispensing systems and dispensing areas of restaurant licensees, bar licensees,
and taverns, establishing standards:
(i)
in accordance with the provisions of this title; and
(ii)
prohibiting a dispensing system to remain at a patron's table.
Section 27. Section
32B-6-406.1
is amended to read:
32B-6-406.1
Effective
05/06/26
. Specific operational restrictions related to
dance or concert hall.
(1)
A minor who is at least 18 years
of age
old
may be admitted into, use, or be on the
premises of a dance or concert hall if:
(a)
the dance or concert hall is located:
(i)
on the licensed premises of a bar licensee; or
(ii)
on the property that immediately adjoins the licensed premises of and is operated
by a bar licensee; and
(b)
the bar licensee holds a permit to operate a dance or concert hall that was issued on
or before May 11, 2009:
(i)
on the basis of the operational requirements described in Subsection
(2)
; and
(ii)
when the bar licensee was licensed as a class D private club.
(2)
A bar licensee that holds a dance or concert hall permit shall operate in such a way that:
(a)
the bar licensee's lounge, dispensing structure, or other area for alcoholic product
consumption is:
(i)
not accessible to a minor;
(ii)
clearly defined; and
(iii)
separated from the dance or concert hall area by one or more walls, multiple
floor levels, or other substantial physical barriers;
(b)
a dispensing structure or area where alcoholic product is dispensed is not visible to a
minor;
(c)
consumption of an alcoholic product may not occur in:
(i)
the dance or concert hall area; or
(ii)
an area of the bar license premises accessible to a minor;
(d)
the bar licensee maintains sufficient security personnel to prevent the passing of
beverages from the bar licensee's lounge, dispensing structure, or other area for
alcoholic product consumption to:
(i)
the dance or concert hall area; or
(ii)
an area of the bar licensee premises accessible to a minor;
(e)
there are one or more separate entrances, exits, and restroom facilities from the bar
licensee's lounge, dispensing structure, or other area for alcoholic product
consumption than for:
(i)
the dance or concert hall area; or
(ii)
an area accessible to a minor; and
(f)
the bar licensee complies with any other requirements imposed by the commission by
rule.
(3)
(a)
A minor under 18 years
of age
old
who is accompanied at all times by a parent or
legal guardian may be admitted into, use, or be on the premises of a concert hall
described in Subsection
(1)
if:
(i)
the requirements of Subsection
(2)
are met; and
(ii)
signage, product, and dispensing equipment containing recognition of an
alcoholic product is not visible to the minor.
(b)
A minor under 18 years
of age
old
but who is 14 years
of age
old
or older who is
not accompanied by a parent or legal guardian may be admitted into, use, or be on the
premises of a concert hall described in Subsection
(1)
if:
(i)
the requirements of Subsections
(2)
and
(3)(a)
are met; and
(ii)
there is no alcoholic product, sales, furnishing, or consumption on the premises of
the bar licensee.
(4)
The commission may suspend or revoke a dance or concert permit issued to a bar
licensee and suspend or revoke the license of the bar licensee if:
(a)
the bar licensee fails to comply with the requirements in this section;
(b)
the bar licensee sells, offers for sale, or furnishes an alcoholic product to a minor;
(c)
the bar licensee or a supervisory or managerial level staff of the bar licensee is
convicted
under
Title 58, Chapter 37, Utah Controlled Substances Act
of an offense
described in Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18,
Part 2, Offenses Concerning Controlled Substances, or an offense described in a
statute previously in effect in this state that is the same or substantially the same as a
conviction for an offense described in Title 58, Chapter 37, Controlled Substances, or
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances
, on the basis
of an activity that occurs on:
(i)
the licensed premises; or
(ii)
the dance or concert hall that is located on property that immediately adjoins the
licensed premises of and is operated by the bar licensee;
(d)
there are three or more convictions of patrons of the bar licensee
under
Title 58,
Chapter 37, Utah Controlled Substances Act
for an offense described in Title 58,
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances, or an offense described in a statute previously in
effect in this state that is the same or substantially the same as a conviction for an
offense described in Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter
18, Part 2, Offenses Concerning Controlled Substances
, on the basis of activities that
occur on:
(i)
the licensed premises; or
(ii)
the dance or concert hall that is located on property that immediately adjoins the
licensed premises of and is operated by the bar licensee;
(iii)
there is more than one conviction:
(A)
of:
(I)
the bar licensee;
(II)
staff of the bar licensee;
(III)
an entertainer contracted by the bar licensee; or
(IV)
a patron of the bar licensee; and
(B)
made on the basis of a lewd act or lewd entertainment prohibited by this title
that occurs on:
(I)
the licensed premises; or
(II)
the dance or concert hall that is located on property that immediately
adjoins the licensed premises of and is operated by the bar licensee; or
(e)
the commission finds acts or conduct contrary to the public welfare and morals
involving lewd acts or lewd entertainment prohibited by this title that occurs on:
(i)
the licensed premises; or
(ii)
the dance or concert hall that is located on property that immediately adjoins the
licensed premises of and is operated by the bar licensee.
(5)
Nothing in this section prohibits a bar licensee from selling, offering for sale, or
furnishing an alcoholic product in a dance or concert area located on the bar licensed
premises on days and times when the bar licensee does not allow a minor into those
areas.
Section 28. Section
32B-7-202
is amended to read:
32B-7-202
Effective
05/06/26
. General operational requirements for
off-premise beer retailer.
(1)
An off-premise beer retailer or staff of the off-premise beer retailer shall comply with
the provisions of this title and any applicable rules made by the commission.
(2)
Failure to comply with this section may result in a suspension or revocation of a local
license and, on or after July 1, 2018, disciplinary action in accordance with Chapter 3,
Disciplinary Actions and Enforcement Act.
(3)
(a)
(i)
An off-premise beer retailer may not purchase, acquire, possess for the
purpose of resale, or sell beer, except beer that the off-premise beer retailer
lawfully purchases from:
(A)
a beer wholesaler licensee; or
(B)
a small brewer that manufactures the beer.
(ii)
A violation of Subsection
(2)(a)
is a class A misdemeanor.
(b)
(i)
If an off-premise beer retailer purchases beer under this Subsection
(2)
from a
beer wholesaler licensee, the off-premise beer retailer shall purchase beer only
from a beer wholesaler licensee who is designated by the manufacturer to sell beer
in the geographical area in which the off-premise beer retailer is located, unless an
alternate wholesaler is authorized by the department to sell to the off-premise beer
retailer as provided in Section
32B-13-301
.
(ii)
A violation of Subsection
(2)(b)
is a class B misdemeanor.
(4)
An off-premise beer retailer may not possess, sell, offer for sale, or furnish beer in a
container larger than two liters.
(5)
(a)
Staff of an off-premise beer retailer, while on duty, may not:
(i)
consume an alcoholic product; or
(ii)
be intoxicated.
(b)
A minor may not sell beer on the licensed premises of an off-premise beer retailer
unless:
(i)
the sale is done under the supervision of a person 21 years old or older who is on
the licensed premises; and
(ii)
the minor is at least 16 years old.
(6)
An off-premise beer retailer may not sell, offer for sale, or furnish an alcoholic product
to:
(a)
a minor;
(b)
a person actually, apparently, or obviously intoxicated;
(c)
a known interdicted person; or
(d)
a known habitual drunkard.
(7)
(a)
Subject to the other provisions of this Subsection
(6)
, an off-premise beer retailer
shall:
(i)
display all beer accessible by and visible to a patron in no more than two locations
on the retail sales floor, each of which is:
(A)
a display cabinet, cooler, aisle, floor display, or room where beer is the only
beverage displayed; and
(B)
not adjacent to a display of nonalcoholic beverages, unless the location is a
cooler with a door from which the nonalcoholic beverages are not accessible,
or the beer is separated from the display of nonalcoholic beverages by a display
of one or more nonbeverage products or another physical divider; and
(ii)
display a sign in the area described in Subsection
(6)(a)(i)
that:
(A)
is prominent;
(B)
is easily readable by a consumer;
(C)
meets the requirements for format established by the commission by rule; and
(D)
reads in print that is no smaller than .5 inches, bold type, "These beverages
contain alcohol. Please read the label carefully."
(b)
Notwithstanding Subsection
(6)(a)
, a nonalcoholic beer may be displayed with beer
if the nonalcoholic beer is labeled, packaged, or advertised as a nonalcoholic beer.
(c)
The requirements of this Subsection
(6)
apply to beer notwithstanding that it is
labeled, packaged, or advertised as:
(i)
a malt cooler; or
(ii)
a beverage that may provide energy.
(d)
A violation of this Subsection
(6)
is an infraction.
(e)
(i)
Except as provided in Subsection
(6)(e)(ii)
, the provisions of Subsection
(6)(a)(i)
apply on and after May 9, 2017.
(ii)
For a beer retailer that operates two or more off-premise beer retailers, the
provisions of Subsection
(6)(a)(i)
apply on and after August 1, 2017.
(8)
(a)
Staff of an off-premise beer retailer who directly supervises the sale of beer or
who sells beer to a patron for consumption off the premises of the off-premise beer
retailer shall wear a unique identification badge:
(i)
on the front of the staff's clothing;
(ii)
visible above the waist;
(iii)
bearing the staff's:
(A)
first or last name;
(B)
initials; or
(C)
unique identification in letters or numbers; and
(iv)
with the number or letters on the unique identification badge being sufficiently
large to be clearly visible and identifiable while engaging in or directly
supervising the retail sale of beer.
(b)
An off-premise beer retailer shall make and maintain a record of each current staff's
unique identification badge assigned by the off-premise beer retailer that includes the
staff's:
(i)
full name;
(ii)
address; and
(iii)
(A)
driver license number; or
(B)
similar identification number.
(c)
An off-premise beer retailer shall make available a record required to be made or
maintained under this Subsection
(7)
for immediate inspection by:
(i)
a peace officer;
(ii)
a representative of the local authority that issues the off-premise beer retailer
license; or
(iii)
for an off-premise beer retailer state license, a representative of the commission
or department.
(d)
A local authority may impose a fine of up to $250 against an off-premise beer
retailer that does not comply or require its staff to comply with this Subsection
(7)
.
(9)
(a)
An off-premise beer retailer may sell, offer for sale, or furnish beer:
(i)
at a drive-through window;
(ii)
at a drive-up loading area, if the drive-up loading area is contiguous to the
off-premise beer retailer's licensed premises; or
(iii)
subject to Subsection
(8)(b)
, at a designated parking stall.
(b)
(i)
An off-premise beer retailer shall ensure that a parking stall described in
Subsection
(8)(a)(iii)
is:
(A)
located on property that the off-premise beer retailer owns or has a legal right
to occupy;
(B)
designated for picking up pre-ordered items from the off-premise beer retailer;
and
(C)
labeled in a conspicuous manner that communicates the purpose described in
Subsection
(8)(b)(ii)
.
(ii)
An off-premise beer retailer may not sell, offer for sale, or furnish beer at a
designated parking stall described in Subsection
(8)(a)(iii)
unless:
(A)
the off-premise beer retailer ensures that the individual purchasing the beer
purchases the beer before parking in the designated parking stall;
(B)
the off-premise beer retailer delivers the beer directly from the off-premise
beer retailer's licensed premises to the designated parking stall;
(C)
at the designated parking stall, staff of the off-premise beer retailer verifies the
purchaser's age in accordance with Section
32B-1-407
; and
(D)
the off-premise beer retailer maintains video surveillance of the designated
parking stall.
(c)
Nothing in this Subsection
(8)
modifies the other requirements of this section.
(d)
Staff of an off-premise beer retailer that sells, offers for sale, or furnishes beer in
accordance with this Subsection
(8)
shall comply with the training requirements
described in Section
32B-1-703
.
(10)
An off-premise beer retailer may not on the licensed premises:
(a)
engage in or permit any form of:
(i)
gambling, as defined in Section
76-9-1401
; or
(ii)
fringe gambling, as defined in Section
76-9-1401
;
(b)
have any fringe gaming device, video gaming device, or gambling device or record
as defined in Section
76-9-1401
; or
(c)
engage in or permit a contest, game, gaming scheme, or gaming device that requires
the risking of something of value for a return or for an outcome when the return or
outcome is based upon an element of chance, excluding the playing of an amusement
device that confers only an immediate and unrecorded right of replay not
exchangeable for value.
(11)
An off-premise beer retailer may not knowingly allow a person on the licensed
premises to, in violation of
Title 58, Chapter 37, Utah Controlled Substances Act, or
Chapter 37a, Utah Drug Paraphernalia Act
Title 58, Chapter 37, Controlled Substances,
or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, or Part 3,
Offenses Concerning Drug Paraphernalia
:
(a)
sell, distribute, possess, or use a controlled substance, as defined in Section
58-37-2
58-37-101
; or
(b)
use, deliver, or possess, with the intent to deliver, drug paraphernalia, as defined in
Section
58-37a-3
76-18-301
.
(12)
An off-premise beer retailer may not sell, offer for sale, or furnish a beer that is
intended to be frozen and consumed in a manner other than as a beverage, including beer
in the form of a freeze pop, popsicle, ice cream, or sorbet.
Section 29. Section
32B-9-204
is amended to read:
32B-9-204
Effective
05/06/26
. General operational requirements for an event
permit.
(1)
(a)
An event permittee and a person involved in the storage, sale, offer for sale, or
furnishing of an alcoholic product at an event for which an event permit is issued,
shall comply with this title and rules of the commission.
(b)
Failure to comply as provided in Subsection
(1)(a)
:
(i)
may result in:
(A)
disciplinary action in accordance with
Chapter 3, Disciplinary Actions and
Enforcement Act
, against:
(I)
an event permittee;
(II)
a person involved in the storage, sale, offer for sale, or furnishing of an
alcoholic product at the event; or
(III)
any combination of the persons listed in this Subsection
(1)(b)
;
(B)
immediate revocation of the event permit;
(C)
forfeiture of a bond; or
(D)
immediate seizure of an alcoholic product present at the event; and
(ii)
if the event permit is revoked, disqualifies the event permittee from applying for
an event permit for a period of three years from the date of revocation of the event
permit.
(c)
An alcoholic product seized under this Subsection
(1)
shall be returned to the event
permittee after an event if forfeiture proceedings are not instituted under Section
32B-4-206
.
(2)
(a)
If there is a conflict between this part and the relevant part under this chapter for
the specific type of special use permit held by the special use permittee, the relevant
part governs.
(b)
Notwithstanding that this part may refer to "liquor" or an "alcoholic product," an
event permittee may only sell, offer for sale, or furnish an alcoholic product specified
in the relevant part under this chapter for the type of event permit that is held by the
event permittee.
(c)
Notwithstanding that this part or the relevant part under this chapter for the type of
event permit held by an event permittee refers to "event permittee," a person involved
in the storage, sale, offer for sale, or furnishing of an alcoholic product at the event
for which the event permit is issued is subject to the same requirement or prohibition.
(3)
An event permittee shall display a copy of the event permit in a prominent place in the
area in which an alcoholic product is sold, offered for sale, furnished, and consumed.
(4)
An event permittee may not on the premises of the event:
(a)
engage in or allow any form of gambling, as defined in Section
76-9-1401
, or fringe
gambling, as defined in Section
76-9-1401
;
(b)
have any fringe gaming device, video gaming device, or gambling device or record
as defined in Section
76-9-1401
; or
(c)
engage in or permit a contest, game, gaming scheme, or gaming device that requires
the risking of something of value for a return or for an outcome when the return or
outcome is based upon an element of chance, excluding the playing of an amusement
device that confers only an immediate and unrecorded right of replay not
exchangeable for value.
(5)
An event permittee may not knowingly allow a person at an event to, in violation of
Title 58, Chapter 37, Utah Controlled Substances Act
, or
Chapter 37a, Utah Drug
Paraphernalia Act
Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18,
Part 2, Offenses Concerning Controlled Substances, or Part 3, Offenses Concerning
Drug Paraphernalia
:
(a)
sell, distribute, possess, or use a controlled substance, as defined in Section
58-37-2
58-37-101
; or
(b)
use, deliver, or possess with the intent to deliver drug paraphernalia, as defined in
Section
58-37a-3
76-18-301
.
(6)
An event permittee may not sell, offer for sale, or furnish beer except beer purchases
from:
(a)
a beer wholesaler licensee;
(b)
a beer retailer; or
(c)
a small brewer.
(7)
An event permittee may not store, sell, offer for sale, furnish, or allow the consumption
of an alcoholic product purchased for an event in a location other than that described in
the application and designated on the event permit unless the event permittee first
applies for and receives approval from the director, with the approval of the
Compliance, Licensing, and Enforcement Subcommittee, for a change of location.
(8)
(a)
Subject to Subsection
(8)(b)
, an event permittee may sell, offer for sale, or furnish
beer for on-premise consumption:
(i)
in an open original container; and
(ii)
in a container on draft.
(b)
An event permittee may not sell, offer for sale, or furnish beer sold pursuant to
Subsection
(8)(a)
:
(i)
in a size of container that exceeds two liters; or
(ii)
to an individual patron in a size of container that exceeds one liter.
(9)
(a)
An event permittee may not sell or offer for sale an alcoholic product at less than
the cost of the alcoholic product to the event permittee.
(b)
An event permittee may not sell an alcoholic product at a discount price on any date
or at any time.
(c)
An event permittee may not sell or offer for sale an alcoholic product at a price that
encourages overconsumption or intoxication.
(d)
An event permittee may not sell or offer for sale an alcoholic product at a special or
reduced price for only certain hours of the day of an event.
(e)
An event permittee may not sell, offer for sale, or furnish more than one alcoholic
product at the price of a single alcoholic product.
(f)
An event permittee, or a person operating, selling, offering, or furnishing an alcoholic
product under an event permit, may not sell, offer for sale, or furnish an indefinite or
unlimited number of alcoholic products during a set period for a fixed price, unless:
(i)
the alcoholic product is served to a patron at a seated event;
(ii)
food is available whenever the alcoholic product is sold, offered for sale, or
furnished; and
(iii)
no person advertises that at the event a person may be sold or furnished an
indefinite or unlimited number of alcoholic products during a set period for a
fixed price.
(g)
An event permittee may not engage in a public promotion involving or offering a
free alcoholic product to the general public.
(10)
An event permittee may not sell, offer for sale, or furnish an alcoholic product to:
(a)
a minor;
(b)
a person actually, apparently, or obviously intoxicated;
(c)
a known interdicted person; or
(d)
a known habitual drunkard.
(11)
(a)
An alcoholic product is considered under the control of the event permittee
during an event.
(b)
A patron at an event may not bring an alcoholic product onto the premises of the
event.
(12)
An event permittee may not permit a patron to carry from the premises an open
container that:
(a)
is used primarily for drinking purposes; and
(b)
contains an alcoholic product.
(13)
(a)
A person involved in the storage, sale, or furnishing of an alcoholic product at an
event is considered under the supervision and direction of the event permittee.
(b)
A person involved in the sale, offer for sale, or furnishing of an alcoholic product at
an event may not, while on duty:
(i)
consume an alcoholic product; or
(ii)
be intoxicated.
(14)
A minor may not handle, sell, offer for sale, or furnish an alcoholic product at an event.
(15)
The location specified in an event permit may not be changed without prior written
approval of the commission.
(16)
An event permittee may not sell, transfer, assign, exchange, barter, give, or attempt in
any way to dispose of the event permit to another person whether for monetary gain or
not.
(17)
(a)
An event permittee may not sell, offer for sale, furnish, or allow the consumption
of an alcoholic product during a period that:
(i)
begins at 1 a.m.; and
(ii)
ends at 9:59 a.m.
(b)
This Subsection
(17)
does not preclude a local authority from being more restrictive
with respect to the hours of sale, offer for sale, furnishing, or consumption of an
alcoholic product at an event.
(18)
A patron may have no more than one alcoholic product of any kind at a time before the
patron.
(19)
(a)
An event permittee shall display, in a prominent place, a sign in large letters that
consists of text in the following order:
(i)
a header that reads: "WARNING";
(ii)
a warning statement that reads: "Drinking alcoholic beverages during pregnancy
can cause birth defects and permanent brain damage for the child.";
(iii)
a statement in smaller font that reads: "Call the Utah Department of Health and
Human Services at [insert most current toll-free number] with questions or for
more information.";
(iv)
a header that reads: "WARNING"; and
(v)
a warning statement that reads: "Driving under the influence of alcohol or drugs is
a serious crime that is prosecuted aggressively in Utah."
(b)
(i)
The text described in Subsections
(19)(a)(i)
through
(iii)
shall be in a different
font style than the text described in Subsections
(19)(a)(iv)
and
(v)
.
(ii)
The warning statements in the sign described in Subsection
(19)(a)
shall be in the
same font size.
(c)
The Department of Health and Human Services shall work with the commission and
department to facilitate consistency in the format of a sign required under this section.
Section 30. Section
32B-10-404
is amended to read:
32B-10-404
Effective
05/06/26
. Specific operational requirements for industrial
or manufacturing use permit.
(1)
(a)
In addition to complying with Section
32B-10-206
, an industrial or manufacturing
use permittee and staff of the industrial or manufacturing use permittee shall comply
with this section.
(b)
Failure to comply as provided in Subsection
(1)(a)
may result in disciplinary action
in accordance with
Chapter 3, Disciplinary Actions and Enforcement Act
, against:
(i)
an industrial or manufacturing use permittee;
(ii)
individual staff of an industrial or manufacturing use permittee; or
(iii)
an industrial or manufacturing use permittee and staff of the industrial or
manufacturing use permittee.
(2)
An industrial or manufacturing use permittee may produce for lawful use and sale the
following:
(a)
vinegar;
(b)
preserved nonintoxicating cider;
(c)
a food preparation;
(d)
a United States Pharmacopoeia or national formulary preparation in conformity with
Title 58, Chapter 17b, Pharmacy Practice Act
,
Chapter 37, Utah Controlled
Substances Act
,
Chapter 37a, Utah Drug Paraphernalia Act
,
Chapter 37b, Imitation
Controlled Substances Act
, and
Chapter 37c, Utah Controlled Substance Precursor
Act
Title 58, Chapter 37, Controlled Substances, Title 58, Chapter 37c, Controlled
Substance Precursors, and Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances, Part 3, Offenses Concerning Drug Paraphernalia, and Part 4,
Offenses Concerning Imitation Controlled Substances
, if the preparation:
(i)
conforms to standards established by:
(A)
the Department of Agriculture and Food; and
(B)
the Department of Health
and Human Services
; and
(ii)
contains no more alcohol than is necessary to preserve or extract the medicinal,
flavoring, or perfumed properties of the treated substances; and
(e)
wood and denatured alcohol if manufactured in compliance with the formulas and
regulations under Title 27, C.F.R. Parts 19, 20, and 21.
(3)
(a)
An industrial or manufacturing use permittee that produces patent or proprietary
medicines containing alcohol may sell or offer for sale the medicines in the original
and unbroken container if the medicine contains sufficient medication to prevent its
use as an alcoholic product.
(b)
An industrial or manufacturing use permittee described in this Subsection
(3)
shall,
upon request by the department, provide a sufficient sample of the medicine to enable
the department to have the medicine analyzed for purposes of this section.
Section 31. Section
34-41-101
is amended to read:
34-41-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Donor" means an employee, a volunteer, a prospective employee, or a prospective
volunteer of a local government entity or an institution of higher education.
(2)
"Drug" means any substance recognized as a drug in the United States Pharmacopeia,
the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia,
including
Title
58, Chapter 37
, Utah Controlled Substances Act
Title 58, Chapter 37,
Controlled Substances
, or supplement to any of those compendia.
(3)
"Drug testing" means the scientific analysis for the presence of drugs or their
metabolites in the human body in accordance with the definitions and terms of this
chapter.
(4)
"Institution of higher education" means the same as that term is defined in Section
53H-1-101
.
(5)
"Local governmental employee" means any person or officer in the service of a local
governmental entity or institution of higher education for compensation.
(6)
(a)
"Local governmental entity" means any political subdivision of Utah including
any county, municipality, local school district, special district, special service district,
or any administrative subdivision of those entities.
(b)
"Local governmental entity" does not mean Utah state government or its
administrative subdivisions provided for in Sections
63A-17-1001
through
63A-17-1006
.
(7)
"Periodic testing" means preselected and preannounced drug testing of employees or
volunteers conducted on a regular schedule.
(8)
"Prospective employee" means any person who has made a written or oral application to
become an employee of a local governmental entity or an institution of higher education.
(9)
"Random testing" means the unannounced drug testing of an employee or volunteer
who was selected for testing by using a method uninfluenced by any personal
characteristics other than job category.
(10)
"Reasonable suspicion for drug testing" means an articulated belief based on the
recorded specific facts and reasonable inferences drawn from those facts that a local
government employee or volunteer is in violation of the drug-free workplace policy.
(11)
"Rehabilitation testing" means unannounced but preselected drug testing done as part
of a program of counseling, education, and treatment of an employee or volunteer in
conjunction with the drug-free workplace policy.
(12)
"Safety sensitive position" means any local governmental or institution of higher
education position involving duties which directly affects the safety of governmental
employees, the general public, or positions where there is access to controlled
substances, as defined in
Title
58, Chapter 37
, Utah Controlled Substances Act
Title 58,
Chapter 37, Controlled Substances
, during the course of performing job duties.
(13)
"Sample" means urine, blood, breath, saliva, or hair.
(14)
"Volunteer" means any person who donates services as authorized by the local
governmental entity or institution of higher education without pay or other
compensation except expenses actually and reasonably incurred.
Section 32. Section
34A-2-302
is amended to read:
34A-2-302
Effective
05/06/26
. Employee's willful misconduct -- Penalty.
(1)
For purposes of this section:
(a)
"Controlled substance"
is as
means the same as that term is
defined in Section
58-37-2
58-37-101
.
(b)
"Local government employee"
is as
means the same as that term is
defined in
Section
34-41-101
.
(c)
"Local governmental entity"
is as
means the same as that term is
defined in Section
34-41-101
.
(d)
"State institution of higher education"
is as
means the same as that term is
defined
in Section
34-41-101
.
(e)
"Valid prescription" is a prescription, as defined in Section
58-37-2
58-37-101
, that:
(i)
is prescribed for a controlled substance for use by the employee for whom it was
prescribed; and
(ii)
has not been altered or forged.
(2)
An employee may not:
(a)
remove, displace, damage, destroy, or carry away any safety device or safeguard
provided for use in any employment or place of employment;
(b)
interfere in any way with the use of a safety device or safeguard described in
Subsection
(2)(a)
by any other person;
(c)
interfere with the use of any method or process adopted for the protection of any
employee in the employer's employment or place of employment; or
(d)
fail or neglect to follow and obey orders and to do every other thing reasonably
necessary to protect the life, health, and safety of employees.
(3)
Except in case of injury resulting in death:
(a)
compensation provided for by this chapter shall be reduced 15% when injury is
caused by the willful failure of the employee:
(i)
to use safety devices when provided by the employer; or
(ii)
to obey any order or reasonable rule adopted by the employer for the safety of the
employee; and
(b)
except when the employer permitted, encouraged, or had actual knowledge of the
conduct described in Subsection
(4)
:
(i)
disability compensation may not be awarded under this chapter or Chapter 3, Utah
Occupational Disease Act, to an employee when the major contributing cause of
the employee's injury is the employee's conduct described in Subsection
(4)
; or
(ii)
disability compensation to an employee under this chapter or Chapter 3, Utah
Occupational Disease Act, shall be reduced by 15% when the employee's conduct
is a contributing cause of the employee's injury but not the major contributing
cause.
(4)
The conduct described in Subsection
(3)(b)
is the employee's:
(a)
knowing use of a controlled substance that the employee did not obtain under a valid
prescription;
(b)
intentional abuse of a controlled substance that the employee obtained under a valid
prescription if the employee uses the controlled substance intentionally:
(i)
in excess of prescribed therapeutic amounts; or
(ii)
in an otherwise abusive manner; or
(c)
intoxication from alcohol with a blood or breath alcohol concentration of .05 grams
or greater as shown by a chemical test.
(5)
(a)
For purposes of Subsections
(3)
and
(4)
, as shown by a chemical test that
conforms to scientifically accepted analytical methods and procedures and includes
verification or confirmation of any positive test result by gas chromatography, gas
chromatography-mass spectroscopy, or other comparably reliable analytical method,
before the result of the test may be used as a basis for the presumption, it is presumed
that the major contributing cause of the employee's injury is the employee's conduct
described in Subsection
(4)
if at the time of the injury:
(i)
the employee has in the employee's system:
(A)
any amount of a controlled substance or its metabolites if the employee did
not obtain the controlled substance under a valid prescription; or
(B)
a controlled substance the employee obtained under a valid prescription or the
metabolites of the controlled substance if the amount in the employee's system
is consistent with the employee using the controlled substance intentionally:
(I)
in excess of prescribed therapeutic amounts; or
(II)
in an otherwise abusive manner; or
(ii)
the employee has a blood or breath alcohol concentration of .05 grams or greater.
(b)
The presumption created under Subsection
(5)(a)
may be rebutted by a
preponderance of the evidence showing that:
(i)
the chemical test creating the presumption is inaccurate because the employer
failed to comply with:
(A)
Sections
34-38-4
through
34-38-6
; or
(B)
if the employer is a local governmental entity or state institution of higher
education, Section
34-41-104
, Subsection
34-41-103(7)
, or, if applicable,
Subsection
34-41-103(6)
;
(ii)
the employee did not engage in the conduct described in Subsection
(4)
;
(iii)
the test results do not exclude the possibility of passive inhalation of marijuana
because the concentration of total urinary cannabinoids is less than 50
nanograms/ml as determined by a test conducted in accordance with:
(A)
Sections
34-38-4
through
34-38-6
; or
(B)
if the employer is a local governmental entity or state institution of higher
education, Section
34-41-104
, Subsection
34-41-103(7)
, or, if applicable,
Subsection
34-41-103(6)
;
(iv)
a competent medical opinion from a physician verifies that the amount of
controlled substances, metabolites, or alcohol in the employee's system does not
support a finding that the conduct described in Subsection
(4)
was the major
contributing cause of the employee's injury or a contributing cause of the
employee's injury; or
(v)
(A)
the conduct described in Subsection
(4)
was not a contributing cause of the
employee's injury; or
(B)
the employee's mental and physical condition were not impaired at the time of
the injury.
(c)
(i)
Except as provided in Subsections
(5)(c)(ii)
and
(iii)
, if a chemical test that
creates the presumption under Subsection
(5)(a)
is taken at the request of the
employer, the employer shall comply with:
(A)
Title 34, Chapter 38, Drug and Alcohol Testing; or
(B)
if the employee is a local governmental employee or an employee of a state
institution of higher education, Title 34, Chapter 41, Local Governmental
Entity Drug-Free Workplace Policies.
(ii)
Notwithstanding Section
34-38-13
, the results of a test taken under Title 34,
Chapter 38, Drug and Alcohol Testing, may be disclosed to the extent necessary
to establish or rebut the presumption created under Subsection
(5)(a)
.
(iii)
Notwithstanding Section
34-41-103
, the results of a test taken under Title 34,
Chapter 41, Local Governmental Entity Drug-Free Workplace Policies, may be
disclosed to the extent necessary to establish or rebut the presumption created
under Subsection
(5)(a)
.
(6)
(a)
A test sample taken pursuant to this section shall be taken as a split sample.
(b)
One part of the sample is to be used by the employer for testing pursuant to
Subsection
(5)(a)
:
(i)
at a testing facility selected by the employer; and
(ii)
at the employer's or the employer's workers' compensation carrier's expense.
(c)
The testing facility selected under Subsection
(6)(b)
shall hold the part of the sample
not used under Subsection
(6)(b)
until the sooner of:
(i)
six months from the date of the original test; or
(ii)
when the employee requests that the sample be tested.
(d)
The employee has only six months from the date of the original test to have the
remaining sample tested:
(i)
at the employee's expense; and
(ii)
at the testing facility selected by the employee, except that the test shall meet the
requirements of Subsection
(5)(a)
.
(7)
If any provision of this section, or the application of any provision of this section to any
person or circumstance, is held invalid, the remainder of this section shall be given
effect without the invalid provision or application.
Section 33. Section
34A-2-410.5
is amended to read:
34A-2-410.5
Effective
05/06/26
. Employee cooperation with reemployment.
(1)
As used in this section:
(a)
"Controlled substance" is as defined in Section
58-37-2
58-37-101
.
(b)
"Correctional facility" means:
(i)
a correctional facility as defined in Section
76-8-311.3
; or
(ii)
a facility operated by or contracting with the federal government to house a
criminal offender in either a secure or nonsecure setting.
(c)
"Disability claim" means a claim for compensation for:
(i)
a temporary total disability benefit; or
(ii)
a temporary partial disability benefit.
(d)
"Institution of higher education" means the same as that term is defined in Section
53H-1-101
.
(e)
"Local governmental entity" is as defined in Section
34-41-101
.
(f)
"Reemployment" means employment that:
(i)
is after an accident or occupational disease that is the basis for a disability claim;
and
(ii)
in a manner consistent with Subsection
(2)(a)
, offers to an employee an
opportunity for earnings, considering the employee's:
(A)
education;
(B)
experience; and
(C)
physical and mental impairment or condition.
(g)
"Valid prescription" is a prescription, as defined in Section
58-37-2
58-37-101
, that
is:
(i)
prescribed for a controlled substance for use by the employee for whom it is
prescribed; and
(ii)
not altered or forged.
(2)
In accordance with this section, the commission may reduce or terminate an employee's
disability compensation for a disability claim for good cause shown by the employer
including if:
(a)
the employer terminates the employee from the reemployment and the termination is:
(i)
reasonable;
(ii)
for cause; and
(iii)
as a result, in whole or in part, of:
(A)
criminal conduct;
(B)
violent conduct; or
(C)
a violation of a reasonable, written workplace health, safety, licensure, or
nondiscrimination rule that is applied in a manner that is reasonable and
nondiscriminatory;
(b)
the employee is incarcerated in a correctional facility for a period of time that would
result in the termination of the employee's reemployment in accordance with a
reasonable, written workplace rule that is applied in a manner that is reasonable and
nondiscriminatory; or
(c)
subject to Subsection
(6)
, the employee is terminated from the reemployment:
(i)
(A)
for use of a controlled substance that the employee did not obtain under a
valid prescription;
(B)
for intentional abuse of a controlled substance that the employee obtained
under a valid prescription, if the employee uses the controlled substance
intentionally:
(I)
in excess of a prescribed therapeutic amount; or
(II)
in an otherwise abusive manner; or
(C)
for the use of alcohol that results in intoxication from alcohol with a blood or
breath alcohol concentration of .05 grams or greater; and
(ii)
in accordance with a reasonable, written workplace rule that is applied in a
manner that is reasonable and nondiscriminatory.
(3)
Notwithstanding the other provisions of this section, the employee described in
Subsection
(2)
is eligible for medical benefits to the extent otherwise allowed under this
title.
(4)
(a)
An employer or the employer's insurance carrier may file an application for a
hearing with the Division of Adjudication to request that an employee's disability
compensation for a disability claim be reduced or terminated under this section.
(b)
An action under this Subsection
(4)
is barred if an application for a hearing is not
filed within one year from the day on which the employer terminates the employee
from reemployment as described in Subsection
(2)
.
(c)
An employer or the employer's insurance carrier shall notify the employee that the
employer or employer's insurance carrier has filed a request for a hearing under this
section within three business days of the day on which the filing is made.
(5)
(a)
The commission may reduce or terminate the disability compensation of an
employee for a disability claim if after a hearing requested under Subsection
(4)
, the
commission determines that the conditions of Subsection
(2)
are met.
(b)
The commission shall issue an order as to whether or not an employee's disability
compensation is reduced or terminated under this section by no later than 45 days
from the day on which an application for a hearing is filed.
(c)
A reduction or termination of disability compensation under this Subsection
(5)
takes
effect on the day determined by the commission.
(d)
If the disability compensation is ordered terminated or reduced, the employer or
employer's insurance carrier shall treat a resulting overpayment as an offset against
the employer's or employer's insurance carrier's future obligations to pay disability
compensation to the employee.
(6)
(a)
For purposes of Subsection
(2)(c)
, the commission may consider a chemical test
that conforms to scientifically accepted analytical methods and procedures and
includes verification or confirmation of any positive test result by gas
chromatography, gas chromatography-mass spectroscopy, or other comparably
reliable analytical method showing that the employee has:
(i)
in the employee's system during employment:
(A)
any amount of a controlled substance or its metabolites if the employee did
not obtain the controlled substance under a valid prescription; or
(B)
a controlled substance the employee obtained under a valid prescription or the
metabolites of the controlled substance if the amount in the employee's system
is consistent with the employee using the controlled substance intentionally:
(I)
in excess of prescribed therapeutic amounts; or
(II)
in an otherwise abusive manner; or
(ii)
a blood or breath alcohol concentration of .05 grams or greater during
employment.
(b)
A local governmental entity or an institution of higher education shall comply with
Title 34, Chapter 41, Local Governmental Entity Drug-Free Workplace Policies
, in
engaging in a test for a controlled substance that is the basis of a presumption under
this section.
(7)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
commission may make rules:
(a)
describing factors to be considered under Subsection
(2)
; and
(b)
related to the procedures for a request for a hearing under this section.
(8)
The adjudication of a dispute arising under this section is governed by
Part 8,
Adjudication
.
(9)
An issue related to an employee's cooperation with regard to a claim for compensation
for permanent total disability benefits is governed by Section
34A-2-413
.
Section 34. Section
35A-3-311
is amended to read:
35A-3-311
Effective
05/06/26
. Cash assistance to noncitizen legal residents and
drug dependent persons.
(1)
If barred from using federal funds under federal law, the department may provide cash
assistance to a legal resident who is not a citizen of the United States using funds
appropriated from the General Fund.
(2)
(a)
The State exercises the opt out provision in Section 115 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No.
104-193.
(b)
Consistent with Subsection
(2)(a)
, the department may provide cash assistance and
SNAP benefits to a person who has been convicted of a felony involving a controlled
substance, as defined in Section
58-37-2
58-37-101
.
(c)
As a condition for receiving cash assistance under this part, a drug dependant person,
as defined in Section
58-37-2
58-37-101
, shall:
(i)
receive available treatment for the dependency; and
(ii)
make progress toward overcoming the dependency.
(d)
The department may only refer a recipient who is a drug dependent person to a
treatment provider for treating drug dependency if the provider has achieved an
objective level of success, as defined by department rules made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 35. Section
41-6a-501
is amended to read:
41-6a-501
Effective
05/06/26
. Definitions.
(1)
As used in this part:
(a)
"Actual physical control" is determined by a consideration of the totality of the
circumstances, but does not include a circumstance in which:
(i)
the person is asleep inside the vehicle;
(ii)
the person is not in the driver's seat of the vehicle;
(iii)
the engine of the vehicle is not running;
(iv)
the vehicle is lawfully parked; and
(v)
under the facts presented, it is evident that the person did not drive the vehicle to
the location while under the influence of alcohol, a drug, or the combined
influence of alcohol and any drug.
(b)
"Assessment" means an in-depth clinical interview with a licensed mental health
therapist:
(i)
used to determine if a person is in need of:
(A)
substance abuse treatment that is obtained at a substance abuse program;
(B)
an educational series; or
(C)
a combination of Subsections
(1)(b)(i)(A)
and
(B)
; and
(ii)
that is approved by the Division of Integrated Healthcare in accordance with
Section
26B-5-104
.
(c)
"Driving under the influence court" means a court that is approved as a driving under
the influence court by the Judicial Council according to standards established by the
Judicial Council.
(d)
"Drug" or "drugs" means:
(i)
a controlled substance as defined in Section
58-37-2
58-37-101
;
(ii)
a drug as defined in Section
58-17b-102
; or
(iii)
a substance that, when knowingly, intentionally, or recklessly taken into the
human body, can impair the ability of a person to safely operate a motor vehicle.
(e)
"Educational series" means an educational series obtained at a substance abuse
program that is approved by the Division of Integrated Healthcare in accordance with
Section
26B-5-104
.
(f)
"Extreme DUI" means an offense of driving under the influence under Section
41-1a-502
where there is admissible evidence that the individual:
(i)
had a blood or breath alcohol level of .16 or higher;
(ii)
had a blood or breath alcohol level of .05 or higher in addition to any measurable
controlled substance; or
(iii)
had a combination of two or more controlled substances in the individual's body
that were not:
(A)
recommended in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid
Research and Medical Cannabis; or
(B)
prescribed.
(g)
"Negligence" means simple negligence, the failure to exercise that degree of care
that an ordinarily reasonable and prudent person exercises under like or similar
circumstances.
(h)
"Novice learner driver" means an individual who:
(i)
has applied for a Utah driver license;
(ii)
has not previously held a driver license in this state or another state; and
(iii)
has not completed the requirements for issuance of a Utah driver license.
(i)
"Screening" means a preliminary appraisal of a person:
(i)
used to determine if the person is in need of:
(A)
an assessment; or
(B)
an educational series; and
(ii)
that is approved by the Division of Integrated Healthcare in accordance with
Section
26B-5-104
.
(j)
"Serious bodily injury" means bodily injury that creates or causes:
(i)
serious permanent disfigurement;
(ii)
protracted loss or impairment of the function of any bodily member or organ; or
(iii)
a substantial risk of death.
(k)
"Substance abuse treatment" means treatment obtained at a substance abuse program
that is approved by the Division of Integrated Healthcare in accordance with Section
26B-5-104
.
(l)
"Substance abuse treatment program" means a state licensed substance abuse
program.
(m)
(i)
"Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
Section
41-6a-102
; and
(ii)
"Vehicle" or "motor vehicle" includes:
(A)
an off-highway vehicle as defined under Section
41-22-2
; and
(B)
a motorboat as defined in Section
73-18-2
.
(2)
As used in Sections
41-6a-502
and
41-6a-520.1
:
(a)
"Conviction" means any conviction arising from a separate episode of driving for a
violation of:
(i)
driving under the influence under Section
41-6a-502
;
(ii)
(A)
for an offense committed before July 1, 2008, alcohol, any drug, or a
combination of both-related reckless driving under Sections
41-6a-512
and
41-6a-528
; or
(B)
for an offense committed on or after July 1, 2008, impaired driving under
Section
41-6a-502.5
;
(iii)
driving with any measurable controlled substance that is taken illegally in the
body under Section
41-6a-517
;
(iv)
local ordinances similar to Section
41-6a-502
, alcohol, any drug, or a
combination of both-related reckless driving, or impaired driving under Section
41-6a-502.5
adopted in compliance with Section
41-6a-510
;
(v)
Section
76-5-207
;
(vi)
operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8(2)(g)
;
(vii)
negligently operating a vehicle resulting in injury under Section
76-5-102.1
;
(viii)
a violation described in Subsections
(2)(a)(i)
through
(vii)
, which judgment of
conviction is reduced under Section
76-3-402
;
(ix)
refusal of a chemical test under Subsection
41-6a-520.1(1)
; or
(x)
statutes or ordinances previously in effect in this state or in effect in any other
state, the United States, or any district, possession, or territory of the United States
which would constitute a violation of Section
41-6a-502
or alcohol, any drug, or a
combination of both-related reckless driving if committed in this state, including
punishments administered under 10 U.S.C. Sec. 815.
(b)
A plea of guilty or no contest to a violation described in Subsections
(2)(a)(i)
through
(x)
which plea was held in abeyance under Title 77, Chapter 2a, Pleas in
Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge
has been subsequently reduced or dismissed in accordance with the plea in abeyance
agreement, for purposes of:
(i)
enhancement of penalties under this part; and
(ii)
expungement under Title 77, Chapter 40a, Expungement of Criminal Records.
(c)
An admission to a violation of Section
41-6a-502
in juvenile court is the equivalent
of a conviction even if the charge has been subsequently dismissed in accordance
with the Utah Rules of Juvenile Procedure for the purposes of enhancement of
penalties under:
(i)
this part;
(ii)
negligently operating a vehicle resulting in injury under Section
76-5-102.1
; and
(iii)
automobile homicide under Section
76-5-207
.
(3)
As used in Section
41-6a-505
, "controlled substance" does not include an inactive
metabolite of a controlled substance.
Section 36. Section
41-6a-517
is amended to read:
41-6a-517
Effective
05/06/26
. Definitions -- Driving with any measurable
controlled substance in the body -- Penalties -- Arrest without warrant.
(1)
As used in this section:
(a)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(b)
"Practitioner" means the same as that term is defined in Section
58-37-2
58-37-101
.
(c)
"Prescribe" means the same as that term is defined in Section
58-37-2
58-37-101
.
(d)
"Prescription" means the same as that term is defined in Section
58-37-2
58-37-101
.
(2)
(a)
Except as provided in Subsection
(2)(b)
, in cases not amounting to a violation of
Section
41-6a-502
,
76-5-102.1
, or
76-5-207
, a person may not operate or be in actual
physical control of a motor vehicle within this state if the person has any measurable
controlled substance or metabolite of a controlled substance in the person's body.
(b)
Subsection
(2)(a)
does not apply to a person that has
11-nor-9-carboxy-tetrahydrocannabinol as the only controlled substance present in
the person's body.
(3)
It is an affirmative defense to prosecution under this section that the controlled
substance was:
(a)
involuntarily ingested by the accused;
(b)
prescribed by a practitioner for use by the accused;
(c)
cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
form that the accused ingested in accordance with
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
; or
(d)
otherwise legally ingested.
(4)
(a)
A person convicted of a violation of Subsection
(2)
is guilty of a class B
misdemeanor.
(b)
A person who violates this section is subject to conviction and sentencing under both
this section and any applicable offense under Section
58-37-8
76-18-204
,
76-18-207
,
76-18-208
,
76-18-209
,
76-18-210
,
76-18-211
,
76-18-212
,
76-18-213
,
76-18-214
,
76-18-215
,
76-18-216
,
76-18-217
,
76-18-218
, or
76-18-219
.
(5)
A peace officer may, without a warrant, arrest a person for a violation of this section
when the officer has probable cause to believe the violation has occurred, although not
in the officer's presence, and if the officer has probable cause to believe that the
violation was committed by the person.
(6)
The Driver License Division shall, if the person is 21 years old or older on the date of
arrest:
(a)
suspend, for a period of 120 days, the driver license of a person convicted under
Subsection
(2)
of an offense committed on or after July 1, 2009; or
(b)
revoke, for a period of two years, the driver license of a person if:
(i)
the person has a prior conviction as defined under Subsection
41-6a-501(2)
; and
(ii)
the current violation under Subsection
(2)
is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(7)
The Driver License Division shall, if the person is 19 years old or older but under 21
years old on the date of arrest:
(a)
suspend, until the person is 21 years old or for a period of one year, whichever is
longer, the driver license of a person convicted under Subsection
(2)
of an offense
committed on or after July 1, 2011; or
(b)
revoke, until the person is 21 years old or for a period of two years, whichever is
longer, the driver license of a person if:
(i)
the person has a prior conviction as defined under Subsection
41-6a-501(2)
; and
(ii)
the current violation under Subsection
(2)
is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(8)
The Driver License Division shall, if the person is under 19 years old on the date of
arrest:
(a)
suspend, until the person is 21 years old, the driver license of a person convicted
under Subsection
(2)
of an offense committed on or after July 1, 2009; or
(b)
revoke, until the person is 21 years old, the driver license of a person if:
(i)
the person has a prior conviction as defined under Subsection
41-6a-501(2)
; and
(ii)
the current violation under Subsection
(2)
is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(9)
The Driver License Division shall subtract from any suspension or revocation period the
number of days for which a license was previously suspended under Section
53-3-223
or
53-3-231
, if the previous suspension was based on the same occurrence upon which the
record of conviction is based.
(10)
The Driver License Division shall:
(a)
deny, suspend, or revoke a person's license for the denial and suspension periods in
effect prior to July 1, 2009, for a conviction of a violation under Subsection
(2)
that
was committed prior to July 1, 2009; or
(b)
deny, suspend, or revoke the operator's license of a person for the denial, suspension,
or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
(i)
the person was 20 years old or older but under 21 years old at the time of arrest;
and
(ii)
the conviction under Subsection
(2)
is for an offense that was committed on or
after July 1, 2009, and prior to July 1, 2011.
(11)
A court that reported a conviction of a violation of this section for a violation that
occurred on or after July 1, 2009, to the Driver License Division may shorten the
suspension period imposed under Subsection
(7)(a)
or
(8)(a)
prior to completion of the
suspension period if the person:
(a)
completes at least six months of the license suspension;
(b)
completes a screening;
(c)
completes an assessment, if it is found appropriate by a screening under Subsection
(11)(b)
;
(d)
completes substance abuse treatment if it is found appropriate by the assessment
under Subsection
(11)(c)
;
(e)
completes an educational series if substance abuse treatment is not required by the
assessment under Subsection
(11)(c)
or the court does not order substance abuse
treatment;
(f)
has not been convicted of a violation of any motor vehicle law in which the person
was involved as the operator of the vehicle during the suspension period imposed
under Subsection
(7)(a)
or
(8)(a)
;
(g)
has complied with all the terms of the person's probation or all orders of the court if
not ordered to probation; and
(h)
(i)
is 18 years old or older and provides a sworn statement to the court that the
person has not consumed a controlled substance not prescribed by a practitioner
for use by the person or unlawfully consumed alcohol during the suspension
period imposed under Subsection
(7)(a)
or
(8)(a)
; or
(ii)
is under 18 years old and has the person's parent or legal guardian provide an
affidavit or other sworn statement to the court certifying that to the parent or legal
guardian's knowledge the person has not consumed a controlled substance not
prescribed by a practitioner for use by the person or unlawfully consumed alcohol
during the suspension period imposed under Subsection
(7)(a)
or
(8)(a)
.
(12)
If the court shortens a person's license suspension period in accordance with the
requirements of Subsection
(11)
, the court shall forward the order shortening the
person's license suspension period to the Driver License Division in a manner specified
by the division prior to the completion of the suspension period imposed under
Subsection
(7)(a)
or
(8)(a)
.
(13)
(a)
The court shall notify the Driver License Division if a person fails to complete
all court ordered screening and assessment, educational series, and substance abuse
treatment.
(b)
Subject to Subsection
53-3-218(3)
, upon receiving the notification, the division shall
suspend the person's driving privilege in accordance with Subsection
53-3-221(2)
.
(14)
The court:
(a)
shall order supervised probation in accordance with Section
41-6a-507
for a person
convicted under Subsection
(2)
; and
(b)
may order a person convicted under Subsection
(2)
to participate in a 24-7 sobriety
program as defined in Section
41-6a-515.5
if the person is 21 years old or older.
(15)
(a)
A court that reported a conviction of a violation of this section to the Driver
License Division may shorten the suspension period imposed under Subsection
(6)
before completion of the suspension period if the person is participating in or has
successfully completed a 24-7 sobriety program as defined in Section
41-6a-515.5
.
(b)
If the court shortens a person's license suspension period in accordance with the
requirements of this Subsection
(15)
, the court shall forward to the Driver License
Division, in a manner specified by the division, the order shortening the person's
suspension period.
(c)
The court shall notify the Driver License Division, in a manner specified by the
division, if a person fails to complete all requirements of a 24-7 sobriety program.
(d)
(i)
(A)
Upon receiving the notification described in Subsection
(15)(c)
, for a
first offense, the division shall suspend the person's driving privilege for a
period of 120 days from the date of notice.
(B)
For a suspension described in Subsection
(15)(d)(i)(A)
, no days shall be
subtracted from the 120-day suspension period for which a driving privilege
was suspended under this section or under Section
53-3-223
, if the previous
suspension was based on the same occurrence upon which the conviction under
this section is based.
(ii)
(A)
Upon receiving the notification described in Subsection
(15)(c)
, for a
second or subsequent offense, the division shall revoke the person's driving
privilege for a period of two years from the date of notice.
(B)
For a revocation described in Subsection
(15)(d)(ii)(A)
, no days shall be
subtracted from the two-year revocation period for which a driving privilege
was previously revoked under this section or under Section
53-3-223
, if the
previous revocation was based on the same occurrence upon which the
conviction under this section is based.
Section 37. Section
49-20-416
is amended to read:
49-20-416
Effective
05/06/26
. Screening, Brief Intervention, and Referral to
Treatment program reimbursement.
(1)
As used in this section:
(a)
"Controlled substance prescriber" means a controlled substance prescriber, as that
term is defined in Section
58-37-6.5
58-37-303
, who:
(i)
has a record of having completed SBIRT training, in accordance with Subsection
58-37-6.5(2)
58-37-303(2)
, before providing the SBIRT services; and
(ii)
is a program enrolled controlled substance prescriber.
(b)
"SBIRT" means the same as that term is defined in Section
58-37-6.5
58-37-303
.
(2)
The health program offered to the state employee risk pool under Section
49-20-202
shall reimburse a controlled substance prescriber who provides SBIRT services to a
covered individual who is 13 years
of age
old
or older for the SBIRT services.
Section 38. Section
53-3-220
is amended to read:
53-3-220
Effective
05/06/26
. Offenses requiring mandatory revocation, denial,
suspension, or disqualification of license -- Offense requiring an extension of period --
Hearing -- Limited driving privileges.
(1)
(a)
The division shall immediately revoke or, when this chapter, Title 41, Chapter 1a,
Motor Vehicle Act, Title 41, Chapter 6a, Traffic Code, or Section
76-5-303
,
specifically provides for denial, suspension, or disqualification, the division shall
deny, suspend, or disqualify the license or endorsement of a person upon receiving a
record of the person's conviction for:
(i)
manslaughter or negligent homicide resulting from driving a motor vehicle,
automobile homicide under Section
76-5-207
, or automobile homicide involving
using a handheld wireless communication device while driving under Section
76-5-207.5
;
(ii)
driving or being in actual physical control of a motor vehicle while under the
influence of alcohol, any drug, or combination of them to a degree that renders the
person incapable of safely driving a motor vehicle as prohibited in Section
41-6a-502
or as prohibited in an ordinance that complies with the requirements of
Subsection
41-6a-510(1)
;
(iii)
driving or being in actual physical control of a motor vehicle while having a
blood or breath alcohol content as prohibited in Section
41-6a-502
or as prohibited
in an ordinance that complies with the requirements of Subsection
41-6a-510(1)
;
(iv)
perjury or the making of a false affidavit to the division under this chapter, Title
41, Motor Vehicles, or any other law of this state requiring the registration of
motor vehicles or regulating driving on highways;
(v)
any felony under the motor vehicle laws of this state;
(vi)
any other felony in which a motor vehicle is used to facilitate the offense;
(vii)
failure to stop and render aid as required under the laws of this state if a motor
vehicle accident results in the death or personal injury of another;
(viii)
two charges of reckless driving, impaired driving, or any combination of
reckless driving and impaired driving committed within a period of 12 months;
but if upon a first conviction of reckless driving or impaired driving the judge or
justice recommends suspension of the convicted person's license, the division may
after a hearing suspend the license for a period of three months;
(ix)
failure to bring a motor vehicle to a stop at the command of a law enforcement
officer as required in Section
41-6a-210
;
(x)
any offense specified in Part 4, Uniform Commercial Driver License Act, that
requires disqualification;
(xi)
a violation of Section
76-11-209
involving the discharging or allowing the
discharging of a firearm from a vehicle or a violation of Section
76-11-210
;
(xii)
using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection
76-15-210(2)(b)(ii)
;
(xiii)
operating or being in actual physical control of a motor vehicle while having
any measurable controlled substance or metabolite of a controlled substance in the
person's body in violation of Section
41-6a-517
;
(xiv)
operating or being in actual physical control of a motor vehicle while having
any measurable or detectable amount of alcohol in the person's body in violation
of Section
41-6a-530
;
(xv)
engaging in a motor vehicle speed contest or exhibition of speed on a highway in
violation of Section
41-6a-606
;
(xvi)
operating or being in actual physical control of a motor vehicle in this state
without an ignition interlock system in violation of Section
41-6a-518.2
;
(xvii)
refusal of a chemical test under Subsection
41-6a-520.1(1)
;
(xviii)
failure to properly display a license plate on a motorcycle under Section
41-1a-404.1
;
(xix)
performing a wheelie on a highway under Section
41-6a-606.1
;
(xx)
engaging in lane splitting under Section
41-6a-704.1
; or
(xxi)
two or more offenses that:
(A)
are committed within a period of one year;
(B)
are enhanced under Section
76-3-203.17
; and
(C)
arose from separate incidents.
(b)
The division shall immediately revoke the license of a person upon receiving a
record of an adjudication under Section
80-6-701
for:
(i)
a violation of Section
76-11-209
involving the discharging or allowing the
discharging of a firearm from a vehicle or a violation of Section
76-11-210
involving discharging or allowing the discharge of a firearm from a vehicle; or
(ii)
using, allowing the use of, or causing to be used any explosive, chemical, or
incendiary device from a vehicle in violation of Subsection
76-15-210(2)(b)(ii)
.
(c)
(i)
Except when action is taken under Section
53-3-219
for the same offense, upon
receiving a record of conviction, the division shall immediately suspend for six
months the license of the convicted person if the person was convicted of
violating
any one of the following offenses
an offense contained in one of the
following provisions
while the person was an operator of a motor vehicle, and the
court finds that a driver license suspension is likely to reduce recidivism and is in
the interest of public safety:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37,
Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances
;
(B)
Title 58, Chapter 37c, Controlled Substance Precursors;
(C)
Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia;
(D)
Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled
Substances;
(E)
Title 76, Chapter 18, Part 5, Clandestine Drug Labs;
(B)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(E)
Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(F)
an offense described in a statute previously in effect in this state that is the
same or substantially similar to a violation of an offense described in
Subsection
(1)(c)(i)(A)
through
(E)
; or
(G)
any criminal offense that prohibits possession, distribution, manufacture,
cultivation, sale, or transfer of any substance that is prohibited under the
acts
provisions
described in Subsections
(1)(c)(i)(A)
through
(E)
(F)
, or the
attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or
transfer any substance that is prohibited under the
acts
provisions
described in
Subsections
(1)(c)(i)(A)
through
(E)
(F)
.
(ii)
Notwithstanding the provisions in Subsection
(1)(c)(i)
, the division shall reinstate
a person's driving privilege before completion of the suspension period imposed
under Subsection
(1)(c)(i)
if the reporting court notifies the Driver License
Division, in a manner specified by the division, that the defendant is participating
in or has successfully completed a drug court program as defined in Section
78A-5-201
.
(iii)
If a person's driving privilege is reinstated under Subsection
(1)(c)(ii)
, the person
is required to pay the license reinstatement fees under Subsection
53-3-105(26)
.
(iv)
The court shall notify the division, in a manner specified by the division, if a
person fails to complete all requirements of the drug court program.
(v)
Upon receiving the notification described in Subsection
(1)(c)(iv)
, the division
shall suspend the person's driving privilege for a period of six months from the
date of the notice, and no days shall be subtracted from the six-month suspension
period for which a driving privilege was previously suspended under Subsection
(1)(c)(i)
.
(d)
(i)
The division shall immediately suspend a person's driver license for conviction
of the offense of theft of motor vehicle fuel under Section
76-6-404.7
if the
division receives:
(A)
an order from the sentencing court requiring that the person's driver license be
suspended; and
(B)
a record of the conviction.
(ii)
An order of suspension under this section is at the discretion of the sentencing
court, and may not be for more than 90 days for each offense.
(e)
(i)
The division shall immediately suspend for one year the license of a person
upon receiving a record of:
(A)
conviction for the first time for a violation under Section
32B-4-411
; or
(B)
an adjudication under Section
80-6-701
for a violation under Section
32B-4-411
.
(ii)
The division shall immediately suspend for a period of two years the license of a
person upon receiving a record of:
(A)
(I)
conviction for a second or subsequent violation under Section
32B-4-411
;
and
(II)
the violation described in Subsection
(1)(e)(ii)(A)(I)
is within 10 years of a
prior conviction for a violation under Section
32B-4-411
; or
(B)
(I)
a second or subsequent adjudication under Section
80-6-701
for a
violation under Section
32B-4-411
; and
(II)
the adjudication described in Subsection
(1)(e)(ii)(B)(I)
is within 10 years
of a prior adjudication under Section
80-6-701
for a violation under Section
32B-4-411
.
(iii)
Upon receipt of a record under Subsection
(1)(e)(i)
or
(ii)
, the division shall:
(A)
for a conviction or adjudication described in Subsection
(1)(e)(i)
:
(I)
impose a suspension for one year beginning on the date of conviction; or
(II)
if the person is under the age of eligibility for a driver license, impose a
suspension that begins on the date of conviction and continues for one year
beginning on the date of eligibility for a driver license; or
(B)
for a conviction or adjudication described in Subsection
(1)(e)(ii)
:
(I)
impose a suspension for a period of two years; or
(II)
if the person is under the age of eligibility for a driver license, impose a
suspension that begins on the date of conviction and continues for two years
beginning on the date of eligibility for a driver license.
(iv)
Upon receipt of the first order suspending a person's driving privileges under
Section
32B-4-411
, the division shall reduce the suspension period under
Subsection
(1)(e)(i)
if ordered by the court in accordance with Subsection
32B-4-411(3)(a)
.
(v)
Upon receipt of the second or subsequent order suspending a person's driving
privileges under Section
32B-4-411
, the division shall reduce the suspension
period under Subsection
(1)(e)(ii)
if ordered by the court in accordance with
Subsection
32B-4-411(3)(b)
.
(f)
The division shall immediately suspend a person's driver license for the conviction of
an offense that is enhanced under Section
76-3-203.17
if the division receives:
(i)
an order from the sentencing court requiring the person's driver license to be
suspended; and
(ii)
a record of the conviction.
(2)
The division shall extend the period of the first denial, suspension, revocation, or
disqualification for an additional like period, to a maximum of one year for each
subsequent occurrence, upon receiving:
(a)
a record of the conviction of any person on a charge of driving a motor vehicle while
the person's license is denied, suspended, revoked, or disqualified;
(b)
a record of a conviction of the person for any violation of the motor vehicle law in
which the person was involved as a driver;
(c)
a report of an arrest of the person for any violation of the motor vehicle law in which
the person was involved as a driver; or
(d)
a report of an accident in which the person was involved as a driver.
(3)
When the division receives a report under Subsection
(2)(c)
or
(d)
that a person is
driving while the person's license is denied, suspended, disqualified, or revoked, the
person is entitled to a hearing regarding the extension of the time of denial, suspension,
disqualification, or revocation originally imposed under Section
53-3-221
.
(4)
(a)
The division may extend to a person the limited privilege of driving a motor
vehicle to and from the person's place of employment or within other specified limits
on recommendation of the judge in any case where a person is convicted of any of
the offenses referred to in Subsections
(1)
and
(2)
except:
(i)
those offenses referred to in Subsections
(1)(a)(i)
,
(ii)
,
(iii)
,
(xi)
,
(xii)
,
(xiii)
,
(1)(b)
,
and
(1)(c)(i)
; and
(ii)
those offenses referred to in Subsection
(2)
when the original denial, suspension,
revocation, or disqualification was imposed because of a violation of Section
41-6a-502
,
41-6a-517
, a local ordinance that complies with the requirements of
Subsection
41-6a-510(1)
, Section
41-6a-520
,
41-6a-520.1
,
76-5-102.1
, or
76-5-207
,
or a criminal prohibition that the person was charged with violating as a result of a
plea bargain after having been originally charged with violating one or more of
these sections or ordinances, unless:
(A)
the person has had the period of the first denial, suspension, revocation, or
disqualification extended for a period of at least three years;
(B)
the division receives written verification from the person's primary care
physician or physician assistant that:
(I)
to the physician's or physician assistant's knowledge the person has not used
any narcotic drug or other controlled substance except as prescribed by a
licensed medical practitioner within the last three years; and
(II)
the physician or physician assistant is not aware of any physical,
emotional, or mental impairment that would affect the person's ability to
operate a motor vehicle safely; and
(C)
for a period of one year prior to the date of the request for a limited driving
privilege:
(I)
the person has not been convicted of a violation of any motor vehicle law in
which the person was involved as the operator of the vehicle;
(II)
the division has not received a report of an arrest for a violation of any
motor vehicle law in which the person was involved as the operator of the
vehicle; and
(III)
the division has not received a report of an accident in which the person
was involved as an operator of a vehicle.
(b)
(i)
Except as provided in Subsection
(4)(b)(ii)
, the discretionary privilege
authorized in this Subsection
(4)
:
(A)
is limited to when undue hardship would result from a failure to grant the
privilege; and
(B)
may be granted only once to any person during any single period of denial,
suspension, revocation, or disqualification, or extension of that denial,
suspension, revocation, or disqualification.
(ii)
The discretionary privilege authorized in Subsection
(4)(a)(ii)
:
(A)
is limited to when the limited privilege is necessary for the person to commute
to school or work; and
(B)
may be granted only once to any person during any single period of denial,
suspension, revocation, or disqualification, or extension of that denial,
suspension, revocation, or disqualification.
(c)
A limited CDL may not be granted to a person disqualified under Part 4, Uniform
Commercial Driver License Act, or whose license has been revoked, suspended,
cancelled, or denied under this chapter.
Section 39. Section
53-10-113
is amended to read:
53-10-113
Effective
05/06/26
. Other agencies to cooperate with division.
(1)
All agencies of the state and local governments shall cooperate with the division in
discharging
its
the division's
responsibilities under:
(a)
this chapter;
(b)
Title 32B, Alcoholic Beverage Control Act
;
(c)
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37,
Controlled Substances;
(d)
Title 58, Chapter 37c, Controlled Substance Precursors;
(e)
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances
;
(d)
(f)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act
Title 76, Chapter 18, Part 3,
Offenses Concerning Drug Paraphernalia
;
and
(e)
(g)
Title 58, Chapter 37b, Imitation Controlled Substances Act
; and
Title 76,
Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances.
(f)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act
.
(2)
This part does not relieve local law enforcement agencies or officers of the
responsibility of enforcing laws relating to alcoholic beverages and alcoholic products or
any other laws.
(3)
The powers and duties conferred upon the director and the officers of the division are
not a limitation upon the powers and duties of other peace officers in the state.
Section 40. Section
53-10-114
is amended to read:
53-10-114
Effective
05/06/26
. Authority regarding drug precursors.
(1)
As used in this section, "acts" means:
(a)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act
Title 58, Chapter
37c, Controlled Substance Precursors
; and
(b)
Title 58, Chapter 37d, Clandestine Drug Lab Act
Title 76, Chapter 18, Part 5,
Clandestine Drug Labs
.
(2)
The division has authority to enforce the drug lab and precursor acts. To carry out this
purpose, the division may:
(a)
inspect, copy, and audit any records, inventories of controlled substance precursors,
and reports required under the acts and rules adopted under the acts;
(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 the acts;
(d)
conduct investigations to enforce the acts;
(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.
Section 41. Section
53-10-211
is amended to read:
53-10-211
Effective
05/06/26
. Notice required of arrest of school employee for
controlled substance or sex offense.
(1)
The chief administrative officer of the law enforcement agency making the arrest or
receiving notice under Subsection
(2)
shall immediately notify:
(a)
the State Board of Education; and
(b)
the superintendent of schools of the employing public school district or, if the
offender is an employee of a private school, the administrator of that school.
(2)
Subsection
(1)
applies upon:
(a)
the arrest of any school employee for any offense:
(i)
in Section
58-37-8
76-18-204
,
76-18-207
,
76-18-208
,
76-18-209
,
76-18-210
,
76-18-211
,
76-18-212
,
76-18-213
,
76-18-214
,
76-18-215
,
76-18-216
,
76-18-217
,
76-18-218
, or
76-18-219
;
(ii)
in
Title 76, Chapter 5, Part 4, Sexual Offenses
; or
(iii)
involving sexual conduct; or
(b)
upon receiving notice from any other jurisdiction that a school employee has
committed an act which would, if committed in Utah, be an offense under Subsection
(2)(a)
.
Section 42. Section
53-10-304
is amended to read:
53-10-304
Effective
05/06/26
. Narcotics and alcoholic product enforcement --
Responsibility and jurisdiction.
The bureau shall:
(1)
have specific responsibility for the enforcement of all laws of the state pertaining to
alcoholic beverages and alcoholic products;
(2)
have general law enforcement jurisdiction throughout the state;
(3)
have concurrent law enforcement jurisdiction with all local law enforcement agencies
and their officers;
(4)
cooperate and exchange information with any other state agency and with other law
enforcement agencies of government, both within and outside this state, to obtain
information that may achieve more effective results in the prevention, detection, and
control of crime and apprehension of criminals;
(5)
sponsor or supervise programs or projects related to prevention, detection, and control
of violations of:
(a)
Title 32B, Alcoholic Beverage Control Act
;
(b)
Title 58, Chapter 37, Utah Controlled Substances Act
;
Title 58, Chapter 37,
Controlled Substances;
(c)
Title 58, Chapter 37c, Controlled Substance Precursors;
(d)
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances;
(e)
Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia;
(f)
Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances;
and
(g)
Title 76, Chapter 18, Part 5, Clandestine Drug Labs; and
(c)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act
;
(d)
Title 58, Chapter 37b, Imitation Controlled Substances Act
;
(e)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act
; and
(f)
Title 58, Chapter 37d, Clandestine Drug Lab Act
; and
(6)
assist the governor in an emergency or as the governor may require.
Section 43. Section
53G-8-205
is amended to read:
53G-8-205
Effective
05/06/26
. Grounds for suspension or expulsion from a
public school.
(1)
A student may be suspended or expelled from a public school for the following reasons:
(a)
frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
behavior, including the use of foul, profane, vulgar, or abusive language;
(b)
willful destruction or defacing of school property;
(c)
behavior or threatened behavior which poses an immediate and significant threat to
the welfare, safety, or morals of other students or school personnel or to the operation
of the school;
(d)
possession, control, or use of an alcoholic beverage as defined in Section
32B-1-102
;
(e)
behavior proscribed under Subsection
(2)
which threatens harm or does harm to the
school or school property, to a person associated with the school, or property
associated with that person, regardless of where it occurs; or
(f)
possession or use of pornographic material on school property.
(2)
(a)
A student shall be suspended or expelled from a public school for the following
reasons:
(i)
a serious violation affecting another student or a staff member, or a serious
violation occurring in a school building, in or on school property, or in
conjunction with a school activity, including:
(A)
the possession, control, or actual or threatened use of a real weapon,
explosive, or noxious or flammable material;
(B)
the actual use of violence or sexual misconduct;
(C)
the actual or threatened use of a look alike weapon with intent to intimidate
another person or to disrupt normal school activities; or
(D)
the sale, control, or distribution of a drug or controlled substance as defined in
Section
58-37-2
58-37-101
, an imitation controlled substance defined in
Section
58-37b-2
76-18-401
, or drug paraphernalia as defined in Section
58-37a-3
76-18-301
;
(ii)
the commission of an act involving the use of force or the threatened use of force
which if committed by an adult would be a felony or class A misdemeanor; or
(iii)
making a false report of an emergency at a school under Subsection
76-9-105.5(2)(b)
.
(b)
A student who commits a violation of Subsection
(2)(a)
involving a real or look alike
weapon, explosive, or flammable material shall be expelled from school for a period
of not less than one year subject to the following:
(i)
within 45 days after the expulsion the student shall appear before the student's
superintendent, the superintendent's designee, chief administrative officer of a
charter school, or the chief administrative officer's designee, accompanied by a
parent; and
(ii)
the superintendent, chief administrator, or designee shall determine:
(A)
what conditions must be met by the student and the student's parent for the
student to return to school, including any provided for in the policies described
in Section
53G-8-203
;
(B)
if the student should be placed on probation in a regular or alternative school
setting consistent with Section
53G-8-208
, and what conditions must be met by
the student in order to ensure the safety of students and faculty at the school the
student is placed in; and
(C)
if it would be in the best interest of both the LEA, and the student, to modify
the expulsion term to less than a year, conditioned on approval by the local
governing board and giving highest priority to providing a safe school
environment for all students.
(3)
A student may be denied admission to a public school on the basis of having been
expelled from that or any other school during the preceding 12 months.
(4)
A suspension or expulsion under this section is not subject to the age limitations under
Subsection
53G-6-204(1)
.
(5)
A local governing board shall prepare an annual report for the state board on:
(a)
each violation committed under this section; and
(b)
each action taken by the LEA against a student who committed the violation.
Section 44. Section
53G-8-501
is amended to read:
53G-8-501
Effective
05/06/26
. Definitions.
For purposes of Sections
53G-8-502
through
53G-8-504
:
(1)
"Educator" means a person employed by a public school, but excludes those employed
by institutions of higher education.
(2)
"Prohibited act" means an act prohibited by
:
(a)
Section
53G-8-602
, relating to alcohol;
(b)
Section
58-37-8
76-18-204
,
76-18-207
,
76-18-208
,
76-18-209
,
76-18-210
,
76-18-211
,
76-18-212
,
76-18-213
,
76-18-214
,
76-18-215
,
76-18-216
,
76-18-217
,
76-18-218
, or
76-18-219
, relating to controlled substances; or
(c)
Section
58-37a-5
76-18-304
,
76-18-305
, or
76-18-306
, relating to drug
paraphernalia.
Section 45. Section
53G-8-505
is amended to read:
53G-8-505
Effective
05/06/26
. Definitions.
For purposes of Sections
53G-8-506
through
53G-8-509
:
(1)
The definitions in Sections
58-37-2
,
58-37a-3
, and
58-37b-2
58-37-101
,
76-18-301
,
and
76-18-401
apply to Sections
53G-8-506
through
53G-8-509
.
(2)
"Prohibited act" means:
(a)
an act punishable under
:
(i)
Section
53G-8-602
, Section
58-37-8
, Section
58-37a-5
, or
Title 58, Chapter 37b,
Imitation Controlled Substances Act
; or
;
(ii)
Section
76-18-204
;
(iii)
Section
76-18-207
;
(iv)
Section
76-18-208
;
(v)
Section
76-18-209
;
(vi)
Section
76-18-210
;
(vii)
Section
76-18-211
;
(viii)
Section
76-18-212
;
(ix)
Section
76-18-213
;
(x)
Section
76-18-214
;
(xi)
Section
76-18-215
;
(xii)
Section
76-18-216
;
(xiii)
Section
76-18-217
;
(xiv)
Section
76-18-218
;
(xv)
Section
76-18-219
;
(xvi)
Section
76-18-304
;
(xvii)
Section
76-18-305
;
(xviii)
Section
76-18-306
; or
(xix)
Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled
Substances; or
(b)
possession of an electronic cigarette product by a student on school property.
(3)
"School" means a public or private elementary or secondary school.
Section 46. Section
58-1-501.7
is amended to read:
58-1-501.7
Effective
05/06/26
. Standards of conduct for prescription drug
education -- Academic and commercial detailing.
(1)
For purposes of this section:
(a)
"Academic detailing":
(i)
means a health care provider who is licensed under this title to prescribe or
dispense a prescription drug and employed by someone other than a
pharmaceutical manufacturer:
(A)
for the purpose of countering information provided in commercial detailing;
and
(B)
to disseminate educational information about prescription drugs to other
health care providers in an effort to better align clinical practice with scientific
research; and
(ii)
does not include a health care provider who:
(A)
is disseminating educational information about a prescription drug as part of
teaching or supervising students or graduate medical education students at an
institution of higher education or through a medical residency program;
(B)
is disseminating educational information about a prescription drug to a patient
or a patient's representative; or
(C)
is acting within the scope of practice for the health care provider regarding the
prescribing or dispensing of a prescription drug.
(b)
"Commercial detailing" means an educational practice employed by a
pharmaceutical manufacturer in which clinical information and evidence about a
prescription drug is shared with health care professionals.
(c)
"Manufacture"
is as
means the same as that term is
defined in Section
58-37-2
58-37-101
.
(d)
"Pharmaceutical manufacturer" is a person who manufactures a prescription drug.
(2)
(a)
Except as provided in Subsection
(3)
, the provisions of this section apply to an
academic detailer beginning July 1, 2013.
(b)
An academic detailer and a commercial detailer who educate another health care
provider about prescription drugs through written or oral educational material is
subject to federal regulations regarding:
(i)
false and misleading advertising in 21 C.F.R., Part 201 (2007);
(ii)
prescription drug advertising in 21 C.F.R., Part 202 (2007); and
(iii)
the federal Office of the Inspector General's Compliance Program Guidance for
Pharmaceutical Manufacturers issued in April 2003, as amended.
(c)
A person who is injured by a violation of this section has a private right of action
against a person engaged in academic detailing, if:
(i)
the actions of the person engaged in academic detailing, that are a violation of this
section, are:
(A)
the result of gross negligence by the person; or
(B)
willful and wanton behavior by the person; and
(ii)
the damages to the person are reasonable, foreseeable, and proximately caused by
the violations of this section.
(3)
(a)
For purposes of this Subsection, "accident and health insurance":
(i)
means the same as that term is defined in Section
31A-1-301
; and
(ii)
includes a self-funded health benefit plan and an administrator for a self-funded
health benefit plan.
(b)
This section does not apply to a person who engages in academic detailing if that
person is engaged in academic detailing on behalf of:
(i)
a person who provides accident and health insurance, including when the person
who provides accident and health insurance contracts with or offers:
(A)
the state Medicaid program, including the Primary Care Network within the
state's Medicaid program;
(B)
the Children's Health Insurance Program created in Section
26B-3-902
;
(C)
a Medicare plan; or
(D)
a Medicare supplement plan;
(ii)
a hospital as defined in Section
26B-2-201
;
(iii)
any class of pharmacy as defined in Section
58-17b-102
, including any affiliated
pharmacies;
(iv)
an integrated health system as defined in Section
13-5b-102
; or
(v)
a medical clinic.
(c)
This section does not apply to communicating or disseminating information about a
prescription drug for the purpose of conducting research using prescription drugs at a
health care facility as defined in Section
26B-2-201
, or a medical clinic.
Section 47. Section
58-5a-102
is amended to read:
58-5a-102
Effective
05/06/26
. Definitions.
In addition to the definitions under Section
58-1-102
, as used in this chapter:
(1)
"Assisted living facility" means the same as that term is defined in Section
26B-2-201
.
(2)
"Board" means the Podiatric Physician Board created in Section
58-5a-201
.
(3)
"Indirect supervision" means the same as that term is defined by the division by rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4)
"Medical assistant" means an unlicensed individual working under the indirect
supervision of a licensed podiatric physician and engaging in specific tasks assigned by
the licensed podiatric physician in accordance with the standards and ethics of the
podiatry profession.
(5)
"Practice of podiatry" means, subject to Section
58-5a-103
, the diagnosis and treatment
of conditions affecting the human foot and ankle and their manifestations of systemic
conditions, and wound debridement on the limbs and torso, by all appropriate and lawful
means.
(6)
"Unlawful conduct" includes:
(a)
the conduct that constitutes unlawful conduct under Section
58-1-501
; and
(b)
for an individual who is not licensed under this chapter:
(i)
using the title or name podiatric physician, podiatrist, podiatric surgeon, foot
doctor, foot specialist, or D.P.M.; or
(ii)
implying or representing that the individual is qualified to practice podiatry.
(7)
(a)
"Unprofessional conduct" includes, for an individual licensed under this chapter:
(i)
the conduct that constitutes unprofessional conduct under Section
58-1-501
;
(ii)
communicating to a third party, without the consent of the patient, information
the individual acquires in treating the patient, except as necessary for professional
consultation regarding treatment of the patient;
(iii)
allowing the individual's name or license to be used by an individual who is not
licensed to practice podiatry under this chapter;
(iv)
except as described in Section
58-5a-306
, employing, directly or indirectly, any
unlicensed individual to practice podiatry;
(v)
using alcohol or drugs, to the extent the individual's use of alcohol or drugs
impairs the individual's ability to practice podiatry;
(vi)
unlawfully prescribing, selling, or giving away any prescription drug, including
controlled substances, as defined in Section
58-37-2
58-37-101
;
(vii)
gross incompetency in the practice of podiatry;
(viii)
willfully and intentionally making a false statement or entry in hospital records,
medical records, or reports;
(ix)
willfully making a false statement in reports or claim forms to governmental
agencies or insurance companies with the intent to secure payment not rightfully
due;
(x)
willfully using false or fraudulent advertising;
(xi)
conduct the division defines as unprofessional conduct by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(xii)
falsely making an entry in, or altering, a medical record with the intent to
conceal:
(A)
a wrongful or negligent act or omission of an individual licensed under this
chapter or an individual under the direction or control of an individual licensed
under this chapter; or
(B)
conduct described in Subsections
(7)(a)(i)
through
(xi)
or Subsection
58-1-501(1)
; or
(xiii)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid
Research and Medical Cannabis.
(b)
"Unprofessional conduct" does not include, in accordance with Title 26B, Chapter 4,
Part 2, Cannabinoid Research and Medical Cannabis, when acting as a
recommending medical provider, as that term is defined in Section
26B-4-201
,
recommending the use of medical cannabis within the scope of practice of podiatry.
Section 48. Section
58-16a-601
is amended to read:
58-16a-601
Effective
05/06/26
. Scope of practice.
(1)
An optometrist may:
(a)
provide optometric services not specifically prohibited under this chapter or division
rules if the services are within the optometrist's training, skills, and scope of
competence; and
(b)
prescribe or administer pharmaceutical agents for the eye and its adnexa, including
oral agents, subject to the following conditions:
(i)
an optometrist may prescribe oral antibiotics for only eyelid related ocular
conditions or diseases, and other ocular conditions or diseases specified by
division rule; and
(ii)
an optometrist may administer or prescribe a hydrocodone combination drug, or a
Schedule III controlled substance, as defined in Section
58-37-4
58-37-108
, only
if:
(A)
the substance is administered or prescribed for pain of the eye or adnexa;
(B)
the substance is administered orally or topically or is prescribed for oral or
topical use;
(C)
the amount of the substance administered or prescribed does not exceed a
72-hour quantity; and
(D)
if the substance is prescribed, the prescription does not include refills.
(2)
An optometrist may not:
(a)
perform surgery, including laser surgery; or
(b)
prescribe or administer a Schedule II controlled substance, as defined in Section
58-37-4
58-37-108
, except for a hydrocodone combination drug, if so scheduled and
prescribed or administered in accordance with Subsection
(1)(b)
.
(3)
For purposes of Sections
31A-22-618
and
31A-45-303
, an optometrist is a health care
provider.
Section 49. Section
58-17b-102
is amended to read:
58-17b-102
Effective
05/06/26
. Definitions.
In addition to the definitions in Section
58-1-102
, as used in this chapter:
(1)
"Administering" means:
(a)
the direct application of a prescription drug or device, whether by injection,
inhalation, ingestion, or by any other means, to the body of a human patient or
research subject by another person; or
(b)
the placement by a veterinarian with the owner or caretaker of an animal or group of
animals of a prescription drug for the purpose of injection, inhalation, ingestion, or
any other means directed to the body of the animal by the owner or caretaker in
accordance with written or verbal directions of the veterinarian.
(2)
"Adulterated drug or device" means a drug or device considered adulterated under 21
U.S.C. Sec. 351 (2003).
(3)
(a)
"Analytical laboratory" means a facility in possession of prescription drugs for the
purpose of analysis.
(b)
"Analytical laboratory" does not include a laboratory possessing prescription drugs
used as standards and controls in performing drug monitoring or drug screening
analysis if the prescription drugs are prediluted in a human or animal body fluid,
human or animal body fluid components, organic solvents, or inorganic buffers at a
concentration not exceeding one milligram per milliliter when labeled or otherwise
designated as being for in vitro diagnostic use.
(4)
"Animal euthanasia agency" means an agency performing euthanasia on animals by the
use of prescription drugs.
(5)
"Automated pharmacy systems" includes mechanical systems which perform operations
or activities, other than compounding or administration, relative to the storage,
packaging, dispensing, or distribution of medications, and which collect, control, and
maintain all transaction information.
(6)
"Beyond use date" means the date determined by a pharmacist and placed on a
prescription label at the time of dispensing that indicates to the patient or caregiver a
time beyond which the contents of the prescription are not recommended to be used.
(7)
"Board of pharmacy" or "board" means the Utah State Board of Pharmacy created in
Section
58-17b-201
.
(8)
"Branch pharmacy" means a pharmacy or other facility in a rural or medically
underserved area, used for the storage and dispensing of prescription drugs, which is
dependent upon, stocked by, and supervised by a pharmacist in another licensed
pharmacy designated and approved by the division as the parent pharmacy.
(9)
"Centralized prescription processing" means the processing by a pharmacy of a request
from another pharmacy to fill or refill a prescription drug order or to perform processing
functions such as dispensing, drug utilization review, claims adjudication, refill
authorizations, and therapeutic interventions.
(10)
"Class A pharmacy" means a pharmacy located in Utah that is authorized as a retail
pharmacy to compound or dispense a drug or dispense a device to the public under a
prescription order.
(11)
"Class B pharmacy":
(a)
means a pharmacy located in Utah:
(i)
that is authorized to provide pharmaceutical care for patients in an institutional
setting; and
(ii)
whose primary purpose is to provide a physical environment for patients to obtain
health care services; and
(b)
(i)
includes closed-door, hospital, clinic, nuclear, and branch pharmacies; and
(ii)
pharmaceutical administration and sterile product preparation facilities.
(12)
"Class C pharmacy" means a pharmacy that engages in the manufacture, production,
wholesale, or distribution of drugs or devices in Utah.
(13)
"Class D pharmacy" means a nonresident pharmacy.
(14)
"Class E pharmacy" means all other pharmacies.
(15)
(a)
"Closed-door pharmacy" means a pharmacy that:
(i)
provides pharmaceutical care to a defined and exclusive group of patients who
have access to the services of the pharmacy because they are treated by or have an
affiliation with a specific entity, including a health maintenance organization or an
infusion company; or
(ii)
engages exclusively in the practice of telepharmacy and does not serve walk-in
retail customers.
(b)
"Closed-door pharmacy" does not include a hospital pharmacy, a retailer of goods to
the general public, or the office of a practitioner.
(16)
"Collaborative pharmacy practice" means a practice of pharmacy whereby one or more
pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or
more practitioners under protocol whereby the pharmacist may perform certain
pharmaceutical care functions authorized by the practitioner or practitioners under
certain specified conditions or limitations.
(17)
"Collaborative pharmacy practice agreement" means a written and signed agreement
between one or more pharmacists and one or more practitioners that provides for
collaborative pharmacy practice for the purpose of drug therapy management of patients
and prevention of disease of human subjects.
(18)
(a)
"Compounding" means the preparation, mixing, assembling, packaging, or
labeling of a limited quantity drug, sterile product, or device:
(i)
as the result of a practitioner's prescription order or initiative based on the
practitioner, patient, or pharmacist relationship in the course of professional
practice;
(ii)
for the purpose of, or as an incident to, research, teaching, or chemical analysis
and not for sale or dispensing; or
(iii)
in anticipation of prescription drug orders based on routine, regularly observed
prescribing patterns.
(b)
"Compounding" does not include:
(i)
the preparation of prescription drugs by a pharmacist or pharmacy intern for sale
to another pharmacist or pharmaceutical facility;
(ii)
the preparation by a pharmacist or pharmacy intern of any prescription drug in a
dosage form which is regularly and commonly available from a manufacturer in
quantities and strengths prescribed by a practitioner; or
(iii)
the preparation of a prescription drug, sterile product, or device which has been
withdrawn from the market for safety reasons.
(19)
"Confidential information" has the same meaning as "protected health information"
under the Standards for Privacy of Individually Identifiable Health Information, 45
C.F.R. Parts 160 and 164.
(20)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(21)
"Dietary supplement" has the same meaning as Public Law Title 103, Chapter 417,
Sec. 3a(ff) which is incorporated by reference.
(22)
"Dispense" means the interpretation, evaluation, and implementation of a prescription
drug order or device or nonprescription drug or device under a lawful order of a
practitioner in a suitable container appropriately labeled for subsequent administration to
or use by a patient, research subject, or an animal.
(23)
"Dispensing medical practitioner" means an individual who is:
(a)
currently licensed as:
(i)
a physician and surgeon under Chapter 67, Utah Medical Practice Act;
(ii)
an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic
Medical Practice Act;
(iii)
a physician assistant under Chapter 70a, Utah Physician Assistant Act;
(iv)
a nurse practitioner under Chapter 31b, Nurse Practice Act; or
(v)
an optometrist under Chapter 16a, Utah Optometry Practice Act, if the
optometrist is acting within the scope of practice for an optometrist; and
(b)
licensed by the division under the Pharmacy Practice Act to engage in the practice of
a dispensing medical practitioner.
(24)
"Dispensing medical practitioner clinic pharmacy" means a closed-door pharmacy
located within a licensed dispensing medical practitioner's place of practice.
(25)
"Distribute" means to deliver a drug or device other than by administering or
dispensing.
(26)
(a)
"Drug" means:
(i)
a substance recognized in the official United States Pharmacopoeia, official
Homeopathic Pharmacopoeia of the United States, or official National Formulary,
or any supplement to any of them, intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or animals;
(ii)
a substance that is required by any applicable federal or state law or rule to be
dispensed by prescription only or is restricted to administration by practitioners
only;
(iii)
a substance other than food intended to affect the structure or any function of the
body of humans or other animals; and
(iv)
substances intended for use as a component of any substance specified in
Subsections
(26)(a)(i)
through
(iii)
.
(b)
"Drug" does not include dietary supplements.
(27)
"Drug regimen review" includes the following activities:
(a)
evaluation of the prescription drug order and patient record for:
(i)
known allergies;
(ii)
rational therapy-contraindications;
(iii)
reasonable dose and route of administration; and
(iv)
reasonable directions for use;
(b)
evaluation of the prescription drug order and patient record for duplication of therapy;
(c)
evaluation of the prescription drug order and patient record for the following
interactions:
(i)
drug-drug;
(ii)
drug-food;
(iii)
drug-disease; and
(iv)
adverse drug reactions; and
(d)
evaluation of the prescription drug order and patient record for proper utilization,
including over- or under-utilization, and optimum therapeutic outcomes.
(28)
"Drug sample" means a prescription drug packaged in small quantities consistent with
limited dosage therapy of the particular drug, which is marked "sample", is not intended
to be sold, and is intended to be provided to practitioners for the immediate needs of
patients for trial purposes or to provide the drug to the patient until a prescription can be
filled by the patient.
(29)
"Electronic signature" means a trusted, verifiable, and secure electronic sound, symbol,
or process attached to or logically associated with a record and executed or adopted by a
person with the intent to sign the record.
(30)
"Electronic transmission" means transmission of information in electronic form or the
transmission of the exact visual image of a document by way of electronic equipment.
(31)
"Hospital pharmacy" means a pharmacy providing pharmaceutical care to inpatients of
a general acute hospital or specialty hospital licensed by the Department of Health and
Human Services under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and
Inspection.
(32)
"Legend drug" has the same meaning as prescription drug.
(33)
"Licensed pharmacy technician" means an individual licensed with the division, that
may, under the supervision of a pharmacist, perform the activities involved in the
technician practice of pharmacy.
(34)
"Manufacturer" means a person or business physically located in Utah licensed to be
engaged in the manufacturing of drugs or devices.
(35)
(a)
"Manufacturing" means:
(i)
the production, preparation, propagation, conversion, or processing of a drug or
device, either directly or indirectly, by extraction from substances of natural origin
or independently by means of chemical or biological synthesis, or by a
combination of extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or relabeling of its container; and
(ii)
the promotion and marketing of such drugs or devices.
(b)
"Manufacturing" includes the preparation and promotion of commercially available
products from bulk compounds for resale by pharmacies, practitioners, or other
persons.
(c)
"Manufacturing" does not include the preparation or compounding of a drug by a
pharmacist, pharmacy intern, or practitioner for that individual's own use or the
preparation, compounding, packaging, labeling of a drug, or incident to research,
teaching, or chemical analysis.
(36)
"Medical order" means a lawful order of a practitioner which may include a
prescription drug order.
(37)
"Medication profile" or "profile" means a record system maintained as to drugs or
devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to
analyze the profile to provide pharmaceutical care.
(38)
"Misbranded drug or device" means a drug or device considered misbranded under 21
U.S.C. Sec. 352 (2003).
(39)
(a)
"Nonprescription drug" means a drug which:
(i)
may be sold without a prescription; and
(ii)
is labeled for use by the consumer in accordance with federal law.
(b)
"Nonprescription drug" includes homeopathic remedies.
(40)
"Nonresident pharmacy" means a pharmacy located outside of Utah that sells to a
person in Utah.
(41)
"Nuclear pharmacy" means a pharmacy providing radio-pharmaceutical service.
(42)
"Out-of-state mail service pharmacy" means a pharmaceutical facility located outside
the state that is licensed and in good standing in another state, that:
(a)
ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in
this state pursuant to a lawfully issued prescription;
(b)
provides information to a patient in this state on drugs or devices which may include,
but is not limited to, advice relating to therapeutic values, potential hazards, and uses;
or
(c)
counsels pharmacy patients residing in this state concerning adverse and therapeutic
effects of drugs.
(43)
"Patient counseling" means the written and oral communication by the pharmacist or
pharmacy intern of information, to the patient or caregiver, in order to ensure proper use
of drugs, devices, and dietary supplements.
(44)
"Pharmaceutical administration facility" means a facility, agency, or institution in
which:
(a)
prescription drugs or devices are held, stored, or are otherwise under the control of
the facility or agency for administration to patients of that facility or agency;
(b)
prescription drugs are dispensed to the facility or agency by a licensed pharmacist or
pharmacy intern with whom the facility has established a prescription drug
supervising relationship under which the pharmacist or pharmacy intern provides
counseling to the facility or agency staff as required, and oversees drug control,
accounting, and destruction; and
(c)
prescription drugs are professionally administered in accordance with the order of a
practitioner by an employee or agent of the facility or agency.
(45)
(a)
"Pharmaceutical care" means carrying out the following in collaboration with a
prescribing practitioner, and in accordance with division rule:
(i)
designing, implementing, and monitoring a therapeutic drug plan intended to
achieve favorable outcomes related to a specific patient for the purpose of curing
or preventing the patient's disease;
(ii)
eliminating or reducing a patient's symptoms; or
(iii)
arresting or slowing a disease process.
(b)
"Pharmaceutical care" does not include prescribing of drugs without consent of a
prescribing practitioner.
(46)
"Pharmaceutical facility" means a business engaged in the dispensing, delivering,
distributing, manufacturing, or wholesaling of prescription drugs or devices within or
into this state.
(47)
(a)
"Pharmaceutical wholesaler or distributor" means a pharmaceutical facility
engaged in the business of wholesale vending or selling of a prescription drug or
device to other than a consumer or user of the prescription drug or device that the
pharmaceutical facility has not produced, manufactured, compounded, or dispensed.
(b)
"Pharmaceutical wholesaler or distributor" does not include a pharmaceutical facility
carrying out the following business activities:
(i)
intracompany sales;
(ii)
the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
purchase, or trade a prescription drug or device, if the activity is carried out
between one or more of the following entities under common ownership or
common administrative control, as defined by division rule:
(A)
hospitals;
(B)
pharmacies;
(C)
chain pharmacy warehouses, as defined by division rule; or
(D)
other health care entities, as defined by division rule;
(iii)
the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
purchase, or trade a prescription drug or device, for emergency medical reasons,
including supplying another pharmaceutical facility with a limited quantity of a
drug, if:
(A)
the facility is unable to obtain the drug through a normal distribution channel
in sufficient time to eliminate the risk of harm to a patient that would result
from a delay in obtaining the drug; and
(B)
the quantity of the drug does not exceed an amount reasonably required for
immediate dispensing to eliminate the risk of harm;
(iv)
the distribution of a prescription drug or device as a sample by representatives of
a manufacturer; and
(v)
the distribution of prescription drugs, if:
(A)
the facility's total distribution-related sales of prescription drugs does not
exceed 5% of the facility's total prescription drug sales; and
(B)
the distribution otherwise complies with 21 C.F.R. Sec. 1307.11.
(48)
"Pharmacist" means an individual licensed by this state to engage in the practice of
pharmacy.
(49)
"Pharmacist-in-charge" means a pharmacist currently licensed in good standing who
accepts responsibility for the operation of a pharmacy in conformance with all laws and
rules pertinent to the practice of pharmacy and the distribution of drugs, and who is
personally in full and actual charge of the pharmacy and all personnel.
(50)
"Pharmacist preceptor" means a licensed pharmacist in good standing with one or
more years of licensed experience. The preceptor serves as a teacher, example of
professional conduct, and supervisor of interns in the professional practice of pharmacy.
(51)
"Pharmacy" means any place where:
(a)
drugs are dispensed;
(b)
pharmaceutical care is provided;
(c)
drugs are processed or handled for eventual use by a patient; or
(d)
drugs are used for the purpose of analysis or research.
(52)
"Pharmacy benefits manager or coordinator" means a person or entity that provides a
pharmacy benefits management service as defined in Section
31A-46-102
on behalf of a
self-insured employer, insurance company, health maintenance organization, or other
plan sponsor, as defined by rule.
(53)
"Pharmacy intern" means an individual licensed by this state to engage in practice as a
pharmacy intern.
(54)
"Pharmacy manager" means:
(a)
a pharmacist-in-charge;
(b)
a licensed pharmacist designated by a licensed pharmacy to consult on the
pharmacy's administration;
(c)
an individual who manages the facility in which a licensed pharmacy is located;
(d)
an individual who oversees the operations of a licensed pharmacy;
(e)
an immediate supervisor of an individual described in Subsections
(54)(a)
through
(d)
;
or
(f)
another operations or site manager of a licensed pharmacy.
(55)
"Pharmacy technician training program" means an approved technician training
program providing education for pharmacy technicians.
(56)
(a)
"Practice as a dispensing medical practitioner" means the practice of pharmacy,
specifically relating to the dispensing of a prescription drug in accordance with Part
8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic
Pharmacy, and division rule adopted after consultation with the Board of pharmacy
and the governing boards of the practitioners described in Subsection
(23)(a)
.
(b)
"Practice as a dispensing medical practitioner" does not include:
(i)
using a vending type of dispenser as defined by the division by administrative
rule; or
(ii)
except as permitted by Section
58-17b-805
, dispensing of a controlled substance
as defined in Section
58-37-2
58-37-101
.
(57)
"Practice as a licensed pharmacy technician" means engaging in practice as a
pharmacy technician under the general supervision of a licensed pharmacist and in
accordance with a scope of practice defined by division rule made in collaboration with
the board.
(58)
"Practice of pharmacy" includes the following:
(a)
providing pharmaceutical care;
(b)
collaborative pharmacy practice in accordance with a collaborative pharmacy
practice agreement;
(c)
compounding, packaging, labeling, dispensing, administering, and the coincident
distribution of prescription drugs or devices, provided that the administration of a
prescription drug or device is:
(i)
pursuant to a lawful order of a practitioner when one is required by law; and
(ii)
in accordance with written guidelines or protocols:
(A)
established by the licensed facility in which the prescription drug or device is
to be administered on an inpatient basis; or
(B)
approved by the division, in collaboration with the board and, when
appropriate, the Medical Licensing Board, created in Section
58-67-201
, if the
prescription drug or device is to be administered on an outpatient basis solely
by a licensed pharmacist;
(d)
participating in drug utilization review;
(e)
ensuring proper and safe storage of drugs and devices;
(f)
maintaining records of drugs and devices in accordance with state and federal law
and the standards and ethics of the profession;
(g)
providing information on drugs or devices, which may include advice relating to
therapeutic values, potential hazards, and uses;
(h)
providing drug product equivalents;
(i)
supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy
technicians;
(j)
providing patient counseling, including adverse and therapeutic effects of drugs;
(k)
providing emergency refills as defined by rule;
(l)
telepharmacy;
(m)
formulary management intervention;
(n)
prescribing and dispensing a self-administered hormonal contraceptive in accordance
with Title 26B, Chapter 4, Part 5, Treatment Access; and
(o)
issuing a prescription in accordance with Section
58-17b-610.8
or
58-17b-627
.
(59)
"Practice of telepharmacy" means the practice of pharmacy through the use of
telecommunications and information technologies.
(60)
"Practice of telepharmacy across state lines" means the practice of pharmacy through
the use of telecommunications and information technologies that occurs when the
patient is physically located within one jurisdiction and the pharmacist is located in
another jurisdiction.
(61)
"Practitioner" means an individual currently licensed, registered, or otherwise
authorized by the appropriate jurisdiction to prescribe and administer drugs in the course
of professional practice.
(62)
"Prescribe" means to issue a prescription:
(a)
orally or in writing; or
(b)
by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
(63)
"Prescription" means an order issued:
(a)
by a licensed practitioner in the course of that practitioner's professional practice or
by collaborative pharmacy practice agreement; and
(b)
for a controlled substance or other prescription drug or device for use by a patient or
an animal.
(64)
"Prescription device" means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent, or other similar or related article, and any
component part or accessory, which is required under federal or state law to be
prescribed by a practitioner and dispensed by or through a person or entity licensed
under this chapter or exempt from licensure under this chapter.
(65)
"Prescription drug" means a drug that is required by federal or state law or rule to be
dispensed only by prescription or is restricted to administration only by practitioners.
(66)
"Repackage":
(a)
means changing the container, wrapper, or labeling to further the distribution of a
prescription drug; and
(b)
does not include:
(i)
Subsection
(66)(a)
when completed by the pharmacist responsible for dispensing
the product to a patient; or
(ii)
changing or altering a label as necessary for a dispensing practitioner under Part
8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic
Pharmacy, for dispensing a product to a patient.
(67)
"Research using pharmaceuticals" means research:
(a)
conducted in a research facility, as defined by division rule, that is associated with a
university or college in the state accredited by the Northwest Commission on
Colleges and Universities;
(b)
requiring the use of a controlled substance, prescription drug, or prescription device;
(c)
that uses the controlled substance, prescription drug, or prescription device in
accordance with standard research protocols and techniques, including, if required,
those approved by an institutional review committee; and
(d)
that includes any documentation required for the conduct of the research and the
handling of the controlled substance, prescription drug, or prescription device.
(68)
"Retail pharmacy" means a pharmaceutical facility dispensing prescription drugs and
devices to the general public.
(69)
(a)
"Self-administered hormonal contraceptive" means a self-administered hormonal
contraceptive that is approved by the United States Food and Drug Administration to
prevent pregnancy.
(b)
"Self-administered hormonal contraceptive" includes an oral hormonal contraceptive,
a hormonal vaginal ring, and a hormonal contraceptive patch.
(c)
"Self-administered hormonal contraceptive" does not include any drug intended to
induce an abortion, as that term is defined in Section
76-7-301
.
(70)
"Self-audit" means an internal evaluation of a pharmacy to determine compliance with
this chapter.
(71)
"Supervising pharmacist" means a pharmacist who is overseeing the operation of the
pharmacy during a given day or shift.
(72)
"Supportive personnel" means unlicensed individuals who:
(a)
may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed
pharmacy technician in nonjudgmental duties not included in the definition of the
practice of pharmacy, practice of a pharmacy intern, or practice of a licensed
pharmacy technician, and as those duties may be further defined by division rule
adopted in collaboration with the board; and
(b)
are supervised by a pharmacist in accordance with rules adopted by the division in
collaboration with the board.
(73)
"Unlawful conduct" means the same as that term is defined in Sections
58-1-501
and
58-17b-501
.
(74)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
and
58-17b-502
and may be further defined by rule.
(75)
"Veterinary pharmaceutical facility" means a pharmaceutical facility that dispenses
drugs intended for use by animals or for sale to veterinarians for the administration for
animals.
(76)
"Written communication" means a physical document, or an electronic
communication, by or from which the recipient may read or access the information
intended to be communicated, including:
(a)
email;
(b)
text message; and
(c)
quick response (QR) code.
Section 50. Section
58-17b-103
is amended to read:
58-17b-103
Effective
05/06/26
. Administrative inspections.
(1)
The division may for the purpose of ascertaining compliance with the provisions of this
chapter, require a self-audit or enter and inspect the business premises of a person:
(a)
licensed under
Part 3, Licensing
; or
(b)
who is engaged in activities that require a license under
Part 3, Licensing
.
(2)
Before conducting an inspection under Subsection
(1)
, the division shall, after
identifying the person in charge:
(a)
give proper identification;
(b)
request to see the applicable license or licenses;
(c)
describe the nature and purpose of the inspection; and
(d)
provide upon request, the authority of the division to conduct the inspection and the
penalty for refusing to permit the inspection as provided in Section
58-17b-504
.
(3)
In conducting an inspection under Subsection
(1)
, the division may, after meeting the
requirements of Subsection
(2)
:
(a)
examine any record, prescription, order, drug, device, equipment, machine, electronic
device or media, or area related to activities for which a license has been issued or is
required by
Part 3, Licensing
, for the purpose of ascertaining compliance with the
applicable provisions of this chapter;
(b)
reproduce any record or media at the division's own cost;
(c)
take a drug or device for further analysis if considered necessary;
(d)
temporarily seize a drug or device that is suspected to be adulterated, misbranded,
outdated, or otherwise in violation of this chapter, pending an adjudicative
proceeding on the matter;
(e)
box and seal drugs suspected to be adulterated, outdated, misbranded, or otherwise in
violation of this chapter; and
(f)
dispose of or return a drug or device obtained under this Subsection
(3)
in accordance
with procedures established by division rule.
(4)
An inspection described in Subsection
(1)
shall be conducted during regular business
hours.
(5)
If, upon inspection, the division concludes that a person has violated the provisions of
this chapter or
Chapter 37, Utah Controlled Substances Act
Chapter 37, Controlled
Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances
,
or a rule or order issued with respect to those chapters, and that disciplinary action is
appropriate, the director or the director's designee shall promptly issue a fine or citation
to the licensee in accordance with Section
58-17b-504
.
Section 51. Section
58-17b-201
is amended to read:
58-17b-201
Effective
05/06/26
. Board -- Membership -- Qualifications -- Terms.
(1)
There is created the Utah State Board of Pharmacy consisting of five pharmacists, one
pharmacy technician, and one member of the general public.
(a)
The public member of the board shall be a Utah resident who:
(i)
is 21 years
of age
old
or older;
(ii)
has never been licensed to engage in the practice of pharmacy;
(iii)
has never been the spouse of a person licensed to engage in the practice of
pharmacy;
(iv)
has never held any material financial interest in pharmacy practice; and
(v)
has never engaged in any activity directly related to the practice of pharmacy.
(b)
The licensed pharmacist and licensed pharmacy technician members of the board
shall:
(i)
have been Utah residents continuously for at least three years;
(ii)
have at least five years experience in the practice of pharmacy in good standing
with the division in Utah after licensure; and
(iii)
maintain licensure in good standing to engage in the practice of pharmacy or
practice as a pharmacy technician in Utah for the duration of the appointment.
(2)
The board shall be appointed and serve in accordance with Section
58-1-201
.
(3)
The duties and responsibilities of the board are in accordance with Sections
58-1-202
and
58-1-203
, and as required under Section
58-37f-202
regarding the controlled
substance database. In addition, the board shall designate an appropriate member on a
permanent or rotating basis to:
(a)
assist the division in reviewing complaints concerning the unlawful or unprofessional
conduct of a licensee; and
(b)
advise the division in its investigation of these complaints.
(4)
A board member who has, under Subsection
(3)
, reviewed a complaint or advised in its
investigation may be disqualified from participating with the board when the board
serves as a presiding officer in an adjudicative proceeding concerning the complaint.
(5)
A board member may be removed in accordance with Subsection
58-1-201(2)(e)
or
upon one of the following grounds:
(a)
refusal or inability for any reason of a board member to perform his duties as a
member of the Board in an efficient, responsible, and professional manner;
(b)
misuse of appointment to obtain personal, pecuniary, or material gain or advantage
for himself or another through such appointment; or
(c)
violation of the laws governing the practice of pharmacy or
Chapter 37, Utah
Controlled Substances Act
Chapter 37, Controlled Substances, or Title 76, Chapter
18, Part 2, Offenses Concerning Controlled Substances
.
Section 52. Section
58-17b-502
is amended to read:
58-17b-502
Effective
05/06/26
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes:
(a)
willfully deceiving or attempting to deceive the division, the board, or their agents as
to any relevant matter regarding compliance under this chapter;
(b)
except as provided in Subsection
(2)
:
(i)
paying or offering rebates to practitioners or any other health care providers, or
receiving or soliciting rebates from practitioners or any other health care provider;
or
(ii)
paying, offering, receiving, or soliciting compensation in the form of a
commission, bonus, rebate, kickback, or split fee arrangement with practitioners
or any other health care provider, for the purpose of obtaining referrals;
(c)
misbranding or adulteration of any drug or device or the sale, distribution, or
dispensing of any outdated, misbranded, or adulterated drug or device;
(d)
engaging in the sale or purchase of drugs or devices that are samples or packages
bearing the inscription "sample" or "not for resale" or similar words or phrases;
(e)
except as provided in Section
58-17b-503
, accepting back and redistributing any
unused drug, or a part of it, after it has left the premises of a pharmacy;
(f)
an act in violation of this chapter committed by a person for any form of
compensation if the act is incidental to the person's professional activities, including
the activities of a pharmacist, pharmacy intern, or pharmacy technician;
(g)
violating:
(i)
the federal Controlled Substances Act, Title II, P.L. 91-513;
(ii)
Title 58, Chapter 37, Utah Controlled Substances Act
Chapter 37, Controlled
Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances
; or
(iii)
rules or regulations adopted under either act;
(h)
requiring or permitting pharmacy interns or technicians to engage in activities
outside the scope of practice for their respective license classifications, as defined in
this chapter and division rules made in collaboration with the board, or beyond their
scope of training and ability;
(i)
administering:
(i)
without appropriate training, as defined by rule;
(ii)
without a physician's order, when one is required by law; and
(iii)
in conflict with a practitioner's written guidelines or written protocol for
administering;
(j)
disclosing confidential patient information in violation of the provisions of the Health
Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
1936, as amended, or other applicable law;
(k)
engaging in the practice of pharmacy without a licensed pharmacist designated as the
pharmacist-in-charge;
(l)
failing to report to the division any adverse action taken by another licensing
jurisdiction, government agency, law enforcement agency, or court for conduct that
in substance would be considered unprofessional conduct under this section;
(m)
as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
form which is regularly and commonly available from a manufacturer in quantities
and strengths prescribed by a practitioner;
(n)
failing to act in accordance with
Title 26B, Chapter 4, Part 5, Treatment Access
,
when dispensing a self-administered hormonal contraceptive under a standing order;
(o)
violating the requirements of
Title 4, Chapter 41a, Cannabis Production
Establishments and Pharmacies
, or
Title 26B, Chapter 4, Part 2, Cannabinoid
Research and Medical Cannabis
; or
(p)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this
chapter or an individual under the direction or control of an individual licensed
under this chapter; or
(ii)
conduct described in Subsections
(1)(a)
through
(o)
or Subsection
58-1-501(1)
.
(2)
Subsection
(1)(b)
does not apply to:
(a)
giving or receiving a price discount based on purchase volume;
(b)
passing along a pharmaceutical manufacturer's rebate; or
(c)
providing compensation for services to a veterinarian.
(3)
"Unprofessional conduct" does not include:
(a)
in accordance with
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
when
registered as a pharmacy medical provider, as that term is defined in Section
26B-4-201
,
providing pharmacy medical provider services in a medical cannabis pharmacy; or
(b)
if a pharmacist reasonably believes that a prescription drug will have adverse or
harmful effects on an individual and warns the individual of the potential effects,
filling a prescription prescribed by a health care provider who:
(i)
is operating within the health care provider's scope of practice; and
(ii)
is deviating from a medical norm or established practice in accordance with
Subsection
58-1-501(2)(b)(i)
.
(4)
Notwithstanding Subsection
(3)
, the division, in consultation with the board and in
accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, shall
define unprofessional conduct for a pharmacist described in Subsections
(3)(a)
and
(b)
.
Section 53. Section
58-17b-504
is amended to read:
58-17b-504
Effective
05/06/26
. Penalty for unlawful or unprofessional conduct
-- Fines -- Citations.
(1)
Any person who violates any of the unlawful conduct provisions of Subsection
58-1-501(1)(a)(i)
and Subsections
58-17b-501(7)
and
(11)
is guilty of a third degree
felony.
(2)
Any person who violates any of the unlawful conduct provisions of Subsection
58-1-501(1)(a)(ii)
, Subsections
58-1-501(1)(b)
through
(e)
, and Section
58-17b-501
,
except Subsections
58-17b-501(7)
and
(11)
, is guilty of a class A misdemeanor.
(3)
(a)
Subject to Subsection
(5)
and in accordance with Section
58-17b-401
, for acts of
unprofessional or unlawful conduct, the division may:
(i)
assess administrative penalties; and
(ii)
take any other appropriate administrative action.
(b)
An administrative penalty imposed pursuant to this section shall be deposited in the
General Fund as a dedicated credit to be used by the division for pharmacy licensee
education and enforcement as provided in Section
58-17b-505
.
(4)
If a licensee has been convicted of violating Section
58-17b-501
prior to an
administrative finding of a violation of the same section, the licensee may not be
assessed an administrative fine under this chapter for the same offense for which the
conviction was obtained.
(5)
(a)
If upon inspection or investigation, the division concludes that a person has
violated the provisions of Section
58-17b-501
or
58-17b-502
,
Chapter 37, Utah
Controlled Substances Act
Chapter 37, Controlled Substances
,
Chapter 37f,
Controlled Substance Database Act
,
Chapter 1, Division of Professional Licensing
Act
,
or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, or a
provision described in a statute previously in effect in this state that is the same or
substantially similar to a provision described in Section
58-17b-501
or
58-17b-502
,
Chapter 37, Controlled Substances, Chapter 37f, Controlled Substance Database Act,
Chapter 1, Division of Professional Licensing Act, or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances,
or any rule or order issued with respect
to these provisions, and that disciplinary action is appropriate, the director or the
director's designee from within the division shall promptly issue a citation to the
person according to this chapter and any pertinent rules, attempt to negotiate a
stipulated settlement, or notify the person to appear before an adjudicative
proceeding conducted under
Title 63G, Chapter 4, Administrative Procedures Act
.
(b)
Any person who is in violation of
the provisions of Section
58-17b-501
or
58-17b-502
,
Chapter 37, Utah Controlled Substances Act
,
Chapter 37f, Controlled
Substance Database Act
,
Chapter 1, Division of Professional Licensing Act
a
provision described in Subsection
(5)(a)
, or any rule or order issued with respect to
these provisions
a provision described in Subsection
(5)(a)
, as evidenced by an
uncontested citation, a stipulated settlement, or a finding of violation in an
adjudicative proceeding, may be assessed a fine
pursuant to
in accordance with
this
Subsection
(5)
of up to $10,000 per single violation or up to $2,000 per day of
ongoing violation, whichever is greater, in accordance with a fine schedule
established by rule, and may, in addition to or in lieu of, be ordered to cease and
desist from violating
the provisions of Section
58-17b-501
or
58-17b-502
,
Chapter
37, Utah Controlled Substances Act
,
Chapter 1, Division of Professional Licensing
Act
the provision described in Subsection
(5)(a)
, or any rule or order issued with
respect to
these provisions
the provision described in Subsection
(5)(a)
.
(c)
Except for an administrative fine and a cease and desist order, the licensure sanctions
cited in Section
58-17b-401
may not be assessed through a citation.
(d)
Each citation shall be in writing and specifically describe with particularity the
nature of the violation, including a reference to the provision of the chapter, rule, or
order alleged to have been violated. The citation shall clearly state that the recipient
must notify the division in writing within 20 calendar days of service of the citation
in order to contest the citation at a hearing conducted under
Title 63G, Chapter 4,
Administrative Procedures Act
. The citation shall clearly explain the consequences
of failure to timely contest the citation or to make payment of any fines assessed by
the citation within the time specified in the citation.
(e)
Each citation issued under this section, or a copy of each citation, may be served
upon any person upon whom a summons may be served:
(i)
in accordance with the Utah Rules of Civil Procedure;
(ii)
personally or upon the person's agent by a division investigator or by any person
specially designated by the director; or
(iii)
by mail.
(f)
If within 20 calendar days from the service of a citation, the person to whom the
citation was issued fails to request a hearing to contest the citation, the citation
becomes the final order of the division and is not subject to further agency review.
The period to contest the citation may be extended by the division for cause.
(g)
The division may refuse to issue or renew, suspend, revoke, or place on probation the
license of a licensee who fails to comply with the citation after it becomes final.
(h)
The failure of an applicant for licensure to comply with a citation after it becomes
final is a ground for denial of license.
(i)
No citation may be issued under this section after the expiration of one year
following the date on which the violation that is the subject of the citation is reported
to the division.
(6)
(a)
The director may collect a penalty that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(b)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(c)
A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty.
Section 54. Section
58-17b-609
is amended to read:
58-17b-609
Effective
05/06/26
. Limitation on prescriptions and refills --
Controlled Substances Act not affected -- Legend drugs.
(1)
Except as provided in Sections
58-16a-102
and
58-17b-608.2
, a prescription for any
prescription drug or device may not be dispensed after one year from the date it was
initiated except as otherwise provided in
Chapter 37, Utah Controlled Substances Act
Chapter 37, Controlled Substances
.
(2)
Except as provided in Section
58-17b-608.2
, a prescription authorized to be refilled may
not be refilled after one year from the original issue date.
(3)
A practitioner may not be prohibited from issuing a new prescription for the same drug
orally, in writing, or by electronic transmission.
(4)
Nothing in this chapter affects
Chapter 37, Utah Controlled Substances Act
Chapter
37, Controlled Substances
.
(5)
A prescription for a legend drug written by a licensed prescribing practitioner in another
state may be filled or refilled by a pharmacist or pharmacy intern in this state if the
pharmacist or pharmacy intern verifies that the prescription is valid.
Section 55. Section
58-17b-610.6
is amended to read:
58-17b-610.6
Effective
05/06/26
. Hospital pharmacy dispensing prescription
drugs.
(1)
As used in this section, "controlled substance" means a substance classified as a
controlled substance under the Controlled Substances Act, Title II, Pub. L. No. 91-513 et
seq., or Section
58-37-4
58-37-108
.
(2)
(a)
Subject to Subsection
(2)(b)
, the division shall make rules, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with
hospital pharmacies, to establish guidelines under which a hospital pharmacy may
dispense a limited supply of a prescription drug to an individual who is no longer a
patient in the hospital setting if:
(i)
the individual is discharged from the hospital on the same day that the hospital
pharmacy dispenses the prescription drug to the individual;
(ii)
in the professional judgment of the practitioner, dispensing the drug is necessary
for the patient's immediate needs;
(iii)
the class A pharmacy with which the patient has an established pharmacy-patient
relationship:
(A)
is not open at the time of the patient's discharge; or
(B)
unable to dispense the medication for any reason;
(iv)
the hospital pharmacy dispenses a quantity of the prescription drug that is not
more than a 72-hour supply; and
(v)
dispensing the prescription drug complies with protocols established by the
hospital pharmacy.
(b)
(i)
A hospital pharmacy may dispense an opioid antagonist to a patient without
satisfying Subsection
(2)(a)(iii)
.
(ii)
A hospital pharmacy that dispenses an opioid antagonist to a patient under
Subsection
(2)(b)(i)
shall accept as payment the wholesale acquisition cost at the
time of dispensing.
(3)
A hospital pharmacy, or a practitioner or pharmacist in the hospital, may dispense a
prescription drug in accordance with rules made under Subsection
(2)
.
Section 56. Section
58-17b-610.7
is amended to read:
58-17b-610.7
Effective
05/06/26
. Partial filling of a Schedule II controlled
substance prescription.
(1)
For purposes of this section, "Schedule II controlled substance" means a substance
classified as a Schedule II controlled substance by the federal Controlled Substances
Act, Title II, Pub. L. No. 91-513 et seq., or Section
58-37-4
58-37-108
.
(2)
A prescription for a Schedule II controlled substance for a patient in a long-term care
facility or a patient with a terminal illness may be partially filled in accordance with
federal law.
(3)
A prescription for a Schedule II controlled substance for a patient other than a patient
described in Subsection
(2)
may be partially filled:
(a)
in accordance with federal law and rules made under Subsection
(5)
; and
(b)
at the request of the practitioner who issued the prescription, or the patient.
(4)
For purposes of Subsection
(3)
, "partially filled" means that less than the full amount of
the prescription is dispensed.
(5)
For purposes of Subsection
(3)
, the division shall makes rules in accordance with
Title
63G, Chapter 3, Utah Administrative Rulemaking Act
:
(a)
specifying how to record the date, quantity supplied, and quantity remaining of a
prescription partially filled under Subsection
(3)
; and
(b)
otherwise necessary for the implementation of Subsections
(2)
and
(3)
.
Section 57. Section
58-17b-627
is amended to read:
58-17b-627
Effective
05/06/26
. Prescription of drugs or devices by a
pharmacist.
(1)
Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or device if:
(a)
prescribing the prescription drug or device is within the scope of the pharmacist's
training and experience;
(b)
the prescription drug or device is designated by the division by rule under Subsection
(3)(a)
; and
(c)
the prescription drug or device is not a controlled substance that is included in
Schedules I, II, III, or IV of:
(i)
Section
58-37-4
58-37-108
; or
(ii)
the federal Controlled Substances Act, Title II, P.L. 91-513.
(2)
Nothing in this section requires a pharmacist to issue a prescription for a prescription
drug or device.
(3)
The division shall make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(a)
designate the prescription drugs or devices that may be prescribed by a pharmacist
under this section, beginning with prescription drugs or devices that address a public
health concern that is designated by the Department of Health and Human Services,
including:
(i)
post-exposure HIV prophylaxis;
(ii)
pre-exposure HIV prophylaxis;
(iii)
self-administered hormonal contraceptives;
(iv)
smoking cessation;
(v)
naloxone; and
(vi)
fluoride;
(b)
create guidelines that a pharmacist must follow when prescribing a prescription drug
or device, including guidelines:
(i)
for notifying the patient's primary care or other health care provider about the
prescription; and
(ii)
to prevent the over-prescription of drugs or devices including but not limited to
antibiotics;
(c)
address when a pharmacist should refer the patient to an appropriate health care
provider or otherwise encourage the patient to seek further medical care; and
(d)
implement the provisions of this section.
(4)
The division shall make rules under Subsection
(3)
in collaboration with:
(a)
individuals representing pharmacies and pharmacists;
(b)
individuals representing physicians and advanced practice clinicians; and
(c)
(i)
if the executive director of the Department of Health and Human Services is a
physician, the executive director of the Department of Health and Human Services;
(ii)
if the executive director of the Department of Health and Human Services is not a
physician, a deputy director who is a physician in accordance with Subsection
26B-1-203(4)
; or
(iii)
a designee of the individual described in Section
26B-1-203
.
(5)
Before November 1 of each year, the division, in consultation with the individuals
described in Subsection
(4)
, shall:
(a)
develop recommendations for statutory changes to improve patient access to
prescribed drugs in the state; and
(b)
report the recommendations developed under Subsection
(5)(a)
to the Health and
Human Services Interim Committee.
Section 58. Section
58-24b-102
is amended to read:
58-24b-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Animal physical therapy" means practicing physical therapy or physiotherapy on an
animal.
(2)
"Board" means the Physical Therapies Licensing Board, created in Section
58-24b-201
.
(3)
"Consultation by telecommunication" means the provision of expert or professional
advice by a physical therapist who is licensed outside of Utah to a licensed physical
therapist or a health care provider by telecommunication or electronic communication.
(4)
"General supervision" means supervision and oversight of an individual by a licensed
physical therapist when the licensed physical therapist is immediately available in
person, by telephone, or by electronic communication to assist the individual.
(5)
"Licensed physical therapist" means an individual licensed under this chapter to engage
in the practice of physical therapy.
(6)
"Licensed physical therapist assistant" means an individual licensed under this chapter
to engage in the practice of physical therapy, subject to the provisions of Subsection
58-24b-401(2)(a)
.
(7)
"Licensing examination" means a nationally recognized physical therapy examination
that is approved by the division, in consultation with the board.
(8)
"On-site supervision" means supervision and oversight of an individual by a licensed
physical therapist or a licensed physical therapist assistant when the licensed physical
therapist or licensed physical therapist assistant is:
(a)
continuously present at the facility where the individual is providing services;
(b)
immediately available to assist the individual; and
(c)
regularly involved in the services being provided by the individual.
(9)
"Physical impairment" means:
(a)
a mechanical impairment;
(b)
a physiological impairment;
(c)
a developmental impairment;
(d)
a functional limitation;
(e)
a disability;
(f)
a mobility impairment; or
(g)
a bodily malfunction.
(10)
(a)
"Physical therapy" or "physiotherapy" means:
(i)
examining, evaluating, and testing an individual who has a physical impairment or
injury;
(ii)
identifying or labeling a physical impairment or injury;
(iii)
formulating a therapeutic intervention plan for the treatment of a physical
impairment, injury, or pain;
(iv)
assessing the ongoing effects of therapeutic intervention for the treatment of a
physical impairment or injury;
(v)
treating or alleviating a physical impairment by designing, modifying, or
implementing a therapeutic intervention;
(vi)
reducing the risk of an injury or physical impairment;
(vii)
providing instruction on the use of physical measures, activities, or devices for
preventative and therapeutic purposes;
(viii)
promoting and maintaining health and fitness;
(ix)
the administration of a prescription drug pursuant to Section
58-24b-403
;
(x)
subject to Subsection
58-28-307(12)(b)
, engaging in the functions described in
Subsections
(10)(a)(i)
through
(ix)
in relation to an animal, in accordance with the
requirements of Section
58-24b-405
;
(xi)
engaging in administration, consultation, education, and research relating to the
practices described in this Subsection
(10)(a)
; or
(xii)
applying dry needling to enhance an individual's physical performance if the
physical therapy practitioner has received the necessary training as determined by
division rule in collaboration with the board.
(b)
"Physical therapy" or "physiotherapy" does not include:
(i)
diagnosing disease;
(ii)
performing surgery;
(iii)
performing acupuncture;
(iv)
taking x-rays; or
(v)
prescribing or dispensing a drug, as defined in Section
58-37-2
58-37-101
.
(11)
"Physical therapy aide" means an individual who:
(a)
is trained, on-the-job, by a licensed physical therapist; and
(b)
provides routine assistance to a licensed physical therapist or licensed physical
therapist assistant, while the licensed physical therapist or licensed physical therapist
assistant practices physical therapy, within the scope of the licensed physical
therapist's or licensed physical therapist assistant's license.
(12)
"Recognized accreditation agency" means an accreditation agency that:
(a)
grants accreditation, nationally, in the United States of America; and
(b)
is approved by the division, in consultation with the board.
(13)
(a)
"Testing" means a standard method or technique used to gather data regarding a
patient that is generally and nationally accepted by physical therapists for the practice
of physical therapy.
(b)
"Testing" includes measurement or evaluation of:
(i)
muscle strength, force, endurance, or tone;
(ii)
cardiovascular fitness;
(iii)
physical work capacity;
(iv)
joint motion, mobility, or stability;
(v)
reflexes or autonomic reactions;
(vi)
movement skill or accuracy;
(vii)
sensation;
(viii)
perception;
(ix)
peripheral nerve integrity;
(x)
locomotor skills, stability, and endurance;
(xi)
the fit, function, and comfort of prosthetic, orthotic, or other assistive devices;
(xii)
posture;
(xiii)
body mechanics;
(xiv)
limb length, circumference, and volume;
(xv)
thoracic excursion and breathing patterns;
(xvi)
activities of daily living related to physical movement and mobility;
(xvii)
functioning in the physical environment at home or work, as it relates to
physical movement and mobility; and
(xviii)
neural muscular responses.
(14)
(a)
"Trigger point dry needling" means the stimulation of a trigger point using a dry
needle to treat neuromuscular pain and functional movement deficits.
(b)
"Trigger point dry needling" does not include the stimulation of auricular or distal
points.
(15)
"Therapeutic intervention" includes:
(a)
therapeutic exercise, with or without the use of a device;
(b)
functional training in self-care, as it relates to physical movement and mobility;
(c)
community or work integration, as it relates to physical movement and mobility;
(d)
manual therapy, including:
(i)
soft tissue mobilization;
(ii)
therapeutic massage; or
(iii)
joint mobilization, as defined by the division, by rule;
(e)
prescribing, applying, or fabricating an assistive, adaptive, orthotic, prosthetic,
protective, or supportive device;
(f)
airway clearance techniques, including postural drainage;
(g)
integumentary protection and repair techniques;
(h)
wound debridement, cleansing, and dressing;
(i)
the application of a physical agent, including:
(i)
light;
(ii)
heat;
(iii)
cold;
(iv)
water;
(v)
air;
(vi)
sound;
(vii)
compression;
(viii)
electricity; and
(ix)
electromagnetic radiation;
(j)
mechanical or electrotherapeutic modalities;
(k)
positioning;
(l)
instructing or training a patient in locomotion or other functional activities, with or
without an assistive device;
(m)
manual or mechanical traction;
(n)
correction of posture, body mechanics, or gait; and
(o)
trigger point dry needling, under the conditions described in Section
58-24b-505
.
Section 59. Section
58-28-502
is amended to read:
58-28-502
Effective
05/06/26
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes, in addition to the definitions in Section
58-1-501
:
(a)
applying unsanitary methods or procedures in the treatment of any animal, contrary
to rules adopted by the board and approved by the division;
(b)
procuring any fee or recompense on the assurance that a manifestly incurable
diseased condition of the body of an animal can be permanently cured;
(c)
selling any biologics containing living or dead organisms or products or such
organisms, except in a manner which will prevent indiscriminate use of such
biologics;
(d)
swearing falsely in any testimony or affidavit, relating to, or in the course of, the
practice of veterinary medicine, surgery, or dentistry;
(e)
willful failure to report any dangerous, infectious, or contagious disease, as required
by law;
(f)
willful failure to report the results of any medical tests, as required by law, or rule
adopted pursuant to law;
(g)
violating
Chapter 37, Utah Controlled Substances Act
Chapter 37, Controlled
Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances
;
(h)
delegating to unlicensed assistive personnel:
(i)
a task that violates the standards of the profession or Subsection
(2)
; or
(ii)
the administration of anesthesia or sedation if the delegating veterinarian is not
providing direct supervision of the administration; and
(i)
making any unsubstantiated claim of superiority in training or skill as a veterinarian
in the performance of professional services.
(2)
(a)
"Unprofessional conduct" does not include the following:
(i)
delegating to a veterinary technologist, while under the indirect supervision of a
veterinarian, patient care and treatment that requires a technical understanding of
veterinary medicine if written or oral instructions are provided to the technologist
by the veterinarian;
(ii)
delegating to a state certified veterinary technician or a veterinary technician,
while under the direct or indirect supervision of a veterinarian, patient care and
treatment that requires a technical understanding of veterinary medicine if the
veterinarian provides written or oral instructions to the state certified veterinary
technician;
(iii)
delegating to a veterinary assistant, under the immediate supervision of a
licensed veterinarian, tasks that are consistent with the standards and ethics of the
profession;
(iv)
delegating to an individual described in Subsection
58-28-307
(16), under the
direct supervision of a licensed veterinarian, the administration of a sedative drug
for teeth floating; or
(v)
discussing the effects of the following on an animal with the owner of an animal:
(A)
a cannabinoid or industrial hemp product, as those terms are defined in
Section
4-41-102
; or
(B)
THC or medical cannabis, as those terms are defined in Section
26B-4-201
.
(b)
The delegation of tasks permitted under Subsections
(2)(a)(i)
through
(iv)
does not
include:
(i)
diagnosing;
(ii)
prognosing;
(iii)
surgery; or
(iv)
prescribing drugs, medicines, or appliances.
(3)
Notwithstanding any provision of this section, a veterinarian is not prohibited from
engaging in a discussion described in Subsection
(2)(a)(v)
.
Section 60. Section
58-31b-503
is amended to read:
58-31b-503
Effective
05/06/26
. Penalties and administrative actions for
unlawful conduct and unprofessional conduct.
(1)
Any person who violates the unlawful conduct provision specifically defined in
Subsection
58-1-501(1)(a)
is guilty of a third degree felony.
(2)
Any person who violates any of the unlawful conduct provisions specifically defined in
Subsections
58-1-501(1)(b)
through
(f)
and
58-31b-501(1)(d)
is guilty of a class A
misdemeanor.
(3)
Any person who violates any of the unlawful conduct provisions specifically defined in
this chapter and not set forth in Subsection
(1)
or
(2)
is guilty of a class B misdemeanor.
(4)
(a)
Subject to Subsection
(6)
and in accordance with Section
58-31b-401
, for acts of
unprofessional or unlawful conduct, the division may:
(i)
assess administrative penalties; and
(ii)
take any other appropriate administrative action.
(b)
An administrative penalty imposed pursuant to this section shall be deposited into
the "Nurse Education and Enforcement Account" as provided in Section
58-31b-103
.
(5)
If a licensee has been convicted of violating Section
58-31b-501
prior to an
administrative finding of a violation of the same section, the licensee may not be
assessed an administrative fine under this chapter for the same offense for which the
conviction was obtained.
(6)
(a)
If upon inspection or investigation, the division concludes that a person has
violated the provisions of Section
58-31b-401
,
58-31b-501
, or
58-31b-502
,
Chapter
1, Division of Professional Licensing Act
,
Chapter 37, Utah Controlled Substances
Act
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances, or a provision described in a statute previously in
effect in this state that is the same or substantially similar to a provision described in
Section
58-31b-401
,
58-31b-501
, or
58-31b-502
, Chapter 1, Division of Professional
Licensing Act, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances
, or any rule or order issued with respect
to these provisions, and that disciplinary action is appropriate, the director or the
director's designee from within the division shall:
(i)
promptly issue a citation to the person according to this chapter and any pertinent
administrative rules;
(ii)
attempt to negotiate a stipulated settlement; or
(iii)
notify the person to appear before an adjudicative proceeding conducted under
Title 63G, Chapter 4, Administrative Procedures Act
.
(b)
Any person who is in violation of a provision described in Subsection
(6)(a)
, as
evidenced by an uncontested citation, a stipulated settlement, or a finding of violation
in an adjudicative proceeding may
be assessed a fine
:
(i)
pursuant to
be assessed a fine in accordance with
this Subsection
(6)
of up to
$10,000 per single violation or up to $2,000 per day of ongoing violation,
whichever is greater, in accordance with a fine schedule established by rule; and
(ii)
in addition to or in lieu of the fine imposed under Subsection
(6)(b)(i)
, be ordered
to cease and desist from violating a provision
of Sections
58-31b-501
and
58-31b-502
,
Chapter 1, Division of Professional Licensing Act
,
Chapter 37, Utah
Controlled Substances Act
described in Subsection
(6)(a)
, or any rule or order
issued with respect to
those provisions
a provision described in Subsection
(6)(a)
.
(c)
Except for an administrative fine and a cease and desist order, the licensure sanctions
cited in Section
58-31b-401
may not be assessed through a citation.
(d)
Each citation issued under this section shall:
(i)
be in writing; and
(ii)
clearly describe or explain:
(A)
the nature of the violation, including a reference to the provision of the
chapter, rule, or order alleged to have been violated;
(B)
that the recipient must notify the division in writing within 20 calendar days of
service of the citation in order to contest the citation at a hearing conducted
under
Title 63G, Chapter 4, Administrative Procedures Act
; and
(C)
the consequences of failure to timely contest the citation or to make payment
of any fines assessed by the citation within the time specified in the citation;
and
(iii)
be served upon any person upon whom a summons may be served:
(A)
in accordance with the Utah Rules of Civil Procedure;
(B)
personally or upon the person's agent by a division investigator or by any
person specially designated by the director; or
(C)
by mail.
(e)
If within 20 calendar days from the service of a citation, the person to whom the
citation was issued fails to request a hearing to contest the citation, the citation
becomes the final order of the division and is not subject to further agency review.
The period to contest the citation may be extended by the division for cause.
(f)
The division may refuse to issue or renew, suspend, revoke, or place on probation the
license of a licensee who fails to comply with the citation after it becomes final.
(g)
The failure of an applicant for licensure to comply with a citation after it becomes
final is a ground for denial of license.
(h)
No citation may be issued under this section after the expiration of one year
following the date on which the violation that is the subject of the citation is reported
to the division.
(7)
(a)
The director may collect a penalty that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(b)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(c)
A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty.
Section 61. Section
58-37-101
, which is renumbered from Section 58-37-2 is renumbered
and amended to read:
37. Controlled Substances
1. General Provisions
58-37-2
58-37-101
Effective
05/06/26
. Definitions.
(1)
As used in this chapter:
(a)
"Administer" means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body of a patient or
research subject by:
(i)
a practitioner or, in the practitioner's presence, by the practitioner's authorized
agent; or
(ii)
the patient or research subject at the direction
,
and in the presence
,
of the
practitioner.
(b)
(i)
"Agent" means an authorized person who acts on behalf of
,
or at the direction of
,
a manufacturer, distributor, or practitioner
.
(ii)
but
"Agent"
does not include a motor carrier
,
or
public warehouseman, or
an
employee of
any of them
a motor carrier or public warehouseman
.
(c)
"Consumption" means ingesting or having any measurable amount of a controlled
substance in
a person's
an individual's
body, but this Subsection
(1)(c)
does not
include the metabolite of a controlled substance.
(d)
"Continuing criminal enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, association, or other legal entity, and any
union or groups of individuals associated in fact although not a legal entity, and
includes illicit as well as licit entities created or maintained for the purpose of
engaging in conduct which constitutes the commission of episodes of activity made
unlawful by 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, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise.
(e)
(d)
"Control" means to add, remove, or change the placement of a drug, substance,
or immediate precursor under Section
58-37-3
58-37-107
.
(f)
(e)
(i)
"Controlled substance" means a drug or substance:
(A)
included in Schedules I, II, III, IV, or V of Section
58-37-4
58-37-108
;
(B)
included in Schedules I, II, III, IV, or V of the federal Controlled Substances
Act, Title II, P.L. 91-513;
(C)
that is a controlled substance analog; or
(D)
listed in Section
58-37-4.2
58-37-109
.
(ii)
"Controlled substance" does not include:
(A)
distilled spirits, wine, or malt beverages, as those terms are defined in Title
32B, Alcoholic Beverage Control Act;
(B)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in human 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; or
(C)
dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which:
(I)
are not otherwise regulated by law; and
(II)
may contain naturally occurring amounts of chemical or substances listed
in this chapter, or in rules adopted pursuant to Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(g)
(f)
(i)
"Controlled substance analog" means:
(A)
a substance the chemical structure of which is substantially similar to the
chemical structure of a controlled substance listed in Schedules I and II of
Section
58-37-4
58-37-108
, a substance listed in Section
58-37-4.2
58-37-109
,
or in Schedules I and II of the federal Controlled Substances Act, Title II, P.L.
91-513;
(B)
a substance that has a stimulant, depressant, or hallucinogenic effect on the
central nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of controlled substances
listed in Schedules I and II of Section
58-37-4
58-37-108
, substances listed in
Section
58-37-4.2
58-37-109
, or substances listed in Schedules I and II of the
federal Controlled Substances Act, Title II, P.L. 91-513; or
(C)
A substance that, with respect to a particular individual, is represented or
intended to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of controlled substances
listed in Schedules I and II of Section
58-37-4
58-37-108
, substances listed in
Section
58-37-4.2
58-37-109
, or substances listed in Schedules I and II of the
federal Controlled Substances Act, Title II, P.L. 91-513.
(ii)
"Controlled substance analog" does not include:
(A)
a controlled substance currently scheduled in Schedules I through V of
Section
58-37-4
58-37-108
;
(B)
a substance for which there is an approved new drug application;
(C)
a substance with respect to which an exemption is in effect for investigational
use by a particular person under Section 505 of the Food, Drug, and Cosmetic
Act, 21 U.S.C. 355, to the extent the conduct with respect to the substance is
permitted by the exemption;
(D)
any substance to the extent not intended for human consumption before an
exemption takes effect with respect to the substance;
(E)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in man or other animals, which contains ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is
lawfully purchased, sold, transferred, or furnished as an over-the-counter
medication without prescription; or
(F)
dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which are not otherwise regulated by law,
which may contain naturally occurring amounts of chemical or substances
listed in this chapter, or in rules adopted pursuant to Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(h)
(g)
(i)
"Conviction" means a determination of guilt by verdict, whether jury or
bench, or plea, whether guilty or no contest, for any offense proscribed by:
(A)
this chapter;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
(B)
Chapter 37c, Utah Controlled Substance Precursor Act; or
Chapter 37c,
Controlled Substance Precursors;
(C)
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances;
(D)
Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia;
(E)
Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled
Substances;
(F)
Title 76, Chapter 18, Part 5, Clandestine Drug Labs; or
(G)
a statute previously in effect in this state that is the same or substantially
similar to a violation of an offense described in Subsections
(1)(g)(i)(A)
through
(F)
; or
(E)
Chapter 37d, Clandestine Drug Lab Act; or
(ii)
for any offense under the laws of the United States and any other state
which
that
,
if committed in this state, would be an offense under
:
Subsection
(1)(g)(i)
.
(A)
this chapter;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
Chapter 37c, Utah Controlled Substance Precursor Act; or
(E)
Chapter 37d, Clandestine Drug Lab Act.
(i)
(h)
"Counterfeit substance" means:
(i)
any controlled substance or container or labeling of any controlled substance that:
(A)
without authorization bears the trademark, trade name, or other identifying
mark, imprint, number, device, or any likeness of them, of a manufacturer,
distributor, or dispenser other than the person or persons who in fact
manufactured, distributed, or dispensed the substance
which
that
falsely
purports to be a controlled substance distributed by any other manufacturer,
distributor, or dispenser; and
(B)
a reasonable person would believe to be a controlled substance distributed by
an authorized manufacturer, distributor, or dispenser based on the appearance
of the substance as described under Subsection
(1)(i)(i)(A)
(1)(h)(i)(A)
or the
appearance of the container of that controlled substance; or
(ii)
any substance other than under Subsection
(1)(i)(i)
(1)(h)(i)
that:
(A)
is falsely represented to be any legally or illegally manufactured controlled
substance; and
(B)
a reasonable person would believe to be a legal or illegal controlled substance.
(j)
(i)
"Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
controlled substance or a listed chemical, whether or not an agency relationship exists.
(k)
(j)
"Department" means the Department of Commerce.
(l)
(k)
"Depressant or stimulant substance" means:
(i)
a drug which contains any quantity of barbituric acid or any of the salts of
barbituric acid;
(ii)
a drug which contains any quantity of:
(A)
amphetamine or any of its optical isomers;
(B)
any salt of amphetamine or any salt of an optical isomer of amphetamine; or
(C)
any substance
which
that
the Secretary of Health and Human Services or the
Attorney General of the United States after investigation has found
,
and by
regulation designated
,
habit-forming because of its stimulant effect on the
central nervous system;
(iii)
lysergic acid diethylamide; or
(iv)
any drug
which
that
contains any quantity of a substance
which
that
the
Secretary of Health and Human Services or the Attorney General of the United
States after investigation has found to have, and by regulation designated as
having, a potential for abuse because of its depressant or stimulant effect on the
central nervous system or its hallucinogenic effect.
(m)
(l)
"Dispense" means the delivery of a controlled substance by a pharmacist to an
ultimate user pursuant to the lawful order or prescription of a practitioner, and
includes distributing to, leaving with, giving away, or disposing of that substance as
well as the packaging, labeling, or compounding necessary to prepare the substance
for delivery.
(n)
(m)
"Dispenser" means a pharmacist who dispenses a controlled substance.
(o)
(n)
"Distribute" means to deliver other than by administering or dispensing a
controlled substance or a listed chemical.
(p)
(o)
"Distributor" means a person who distributes controlled substances.
(q)
(p)
"Division" means the Division of Professional Licensing created in Section
58-1-103
.
(r)
(q)
(i)
"Drug" means:
(A)
a substance recognized in the official United States Pharmacopoeia, Official
Homeopathic Pharmacopoeia of the United States, or Official National
Formulary, or any supplement to any of them, intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in humans or
animals;
(B)
a substance that is required by any applicable federal or state law or rule to be
dispensed by prescription only or is restricted to administration by practitioners
only;
(C)
a substance other than food intended to affect the structure or any function of
the body of humans or other animals; and
(D)
substances intended for use as a component of any substance specified in
Subsections
(1)(r)(i)(A)
(1)(q)(i)(A)
, (B), and (C).
(ii)
"Drug" does not include dietary supplements.
(iii)
"Drug" includes a food intended for human consumption that intentionally
contains a vaccine or vaccine material as provided in Section
4-5-107
.
(s)
(r)
"Drug dependent person" means any individual who unlawfully and habitually
uses any controlled substance to endanger the public morals, health, safety, or
welfare, or who is so dependent upon the use of controlled substances as to have lost
the power of self-control with reference to the individual's dependency.
(t)
(s)
(i)
"Food" means:
(A)
any nutrient or substance of plant, mineral, or animal origin other than a drug
as specified in this chapter, and normally ingested by human beings; and
(B)
foods for special dietary uses as exist by reason of a physical, physiological,
pathological, or other condition including the conditions of disease,
convalescence, pregnancy, lactation, allergy, hypersensitivity to food,
underweight, and overweight; uses for supplying a particular dietary need
which exist by reason of age including the ages of infancy and childbirth, and
also uses for supplementing and for fortifying the ordinary or unusual diet with
any vitamin, mineral, or other dietary property for use of a food.
(ii)
Any particular use of a food is a special dietary use regardless of the nutritional
purposes.
(u)
(t)
"Immediate precursor" means a substance
which
that
the Attorney General of
the United States has found to be, and by regulation designated as being, the principal
compound used or produced primarily for use in the manufacture of a controlled
substance, or
which
that
is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled substance, the control of which is necessary
to prevent, curtail, or limit the manufacture of the controlled substance.
(v)
"Indian" means a member of an Indian tribe.
(w)
"Indian religion" means a religion:
(i)
the origin and interpretation of which is from within a traditional Indian culture
or community; and
(ii)
that is practiced by Indians.
(x)
"Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
community of Indians, including any Alaska Native village, which is legally
recognized as eligible for and is consistent with the special programs, services, and
entitlements provided by the United States to Indians because of their status as
Indians.
(y)
(u)
"Manufacture" means the production, preparation, propagation, compounding,
or processing of a controlled substance, either directly or indirectly by extraction
from substances of natural origin, or independently by means of chemical synthesis
or by a combination of extraction and chemical synthesis.
(z)
(v)
"Manufacturer" includes any person who packages, repackages, or labels any
container of any controlled substance, except pharmacists who dispense or compound
prescription orders for delivery to the ultimate consumer.
(aa)
(w)
(i)
"Marijuana" means all species of the genus cannabis and all parts of the
genus, whether growing or not, including:
(A)
seeds;
(B)
resin extracted from any part of the plant, including the resin extracted from
the mature stalks;
(C)
every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, seeds, or resin;
(D)
any synthetic equivalents of the substances contained in the plant cannabis
sativa or any other species of the genus cannabis
which
that
are chemically
indistinguishable and pharmacologically active; and
(E)
any component part or cannabinoid extracted or isolated from the plant,
including extracted or isolated tetrahydrocannabinols.
(ii)
"Marijuana" does not include:
(A)
the mature stalks of the plant;
(B)
fiber produced from the stalks;
(C)
oil or cake made from the seeds of the plant;
(D)
except as provided in Subsection
(1)(aa)(i)
(1)(w)(i)
, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks,
fiber, oil or cake;
(E)
the sterilized seed of the plant
which
that
is incapable of germination;
(F)
any compound, mixture, or preparation approved by the federal Food and
Drug Administration under the federal Food, Drug, and Cosmetic Act, 21
U.S.C. Sec. 301 et seq. that is not listed in a schedule of controlled substances
in Section
58-37-4
58-37-108
or in the federal Controlled Substances Act,
Title II, P.L. 91-513; or
(G)
transportable industrial hemp concentrate as that term is defined in Section
4-41-102
.
(bb)
(x)
"Money" means officially issued coin and currency of the United States or any
foreign country.
(cc)
(y)
"Narcotic drug" means any of the following, whether produced directly or
indirectly by extraction from substances of vegetable origin, or independently by
means of chemical synthesis, or by a combination of extraction and chemical
synthesis:
(i)
opium, coca leaves, and opiates;
(ii)
a compound, manufacture, salt, derivative, or preparation of opium, coca leaves,
or opiates;
(iii)
opium poppy and poppy straw; or
(iv)
a substance, and any compound, manufacture, salt, derivative, or preparation of
the substance, which is chemically identical with any of the substances referred to
in Subsection
(1)(cc)(i)
(1)(y)(i)
, (ii), or (iii), except narcotic drug does not
include decocainized coca leaves or extracts of coca leaves
which
that
do not
contain cocaine or ecgonine.
(dd)
(z)
"Negotiable instrument" means
documents
a document
, containing an
unconditional promise to pay a sum of money,
which are
that is
legally transferable
to another party by endorsement or delivery.
(ee)
(aa)
"Opiate" means any drug or other substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of conversion into
a drug having addiction-forming or addiction-sustaining liability.
(ff)
(bb)
"Opium poppy" means the plant of the species papaver somniferum L., except
the seeds of the plant.
(gg)
(cc)
"Person" means any corporation, association, partnership, trust, other
institution or entity or one or more individuals.
(hh)
(dd)
"Poppy straw" means all parts, except the seeds, of the opium poppy, after
mowing.
(ii)
(ee)
"Possession" or "use" means the joint or individual ownership, control,
occupancy, holding, retaining, belonging, maintaining, or the application, inhalation,
swallowing, injection, or consumption, as distinguished from distribution, of
controlled substances and includes individual, joint, or group possession or use of
controlled substances. For a person to be a possessor or user of a controlled
substance, it is not required that the person be shown to have individually possessed,
used, or controlled the substance, but it is sufficient if it is shown that the person
jointly participated with one or more persons in the use, possession, or control of any
substances with knowledge that the activity was occurring, or the controlled
substance is found in a place or under circumstances indicating that the person had
the ability and the intent to exercise dominion and control over the controlled
substance.
(jj)
(ff)
"Practitioner" means a physician, dentist, naturopathic physician, veterinarian,
pharmacist, scientific investigator, pharmacy, hospital, or other person licensed,
registered, or otherwise permitted to distribute, dispense, conduct research with
respect to, administer, or use in teaching or chemical analysis a controlled substance
in the course of professional practice or research in this state.
(kk)
(gg)
"Prescribe" means to issue a prescription:
(i)
orally or in writing; or
(ii)
by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
(ll)
(hh)
"Prescription" means an order issued:
(i)
by a licensed practitioner, in the course of that practitioner's professional practice
or by collaborative pharmacy practice agreement; and
(ii)
for a controlled substance or other prescription drug or device for use by a patient
or an animal.
(mm)
(ii)
"Production" means the manufacture, planting, cultivation, growing, or
harvesting of a controlled substance.
(nn)
(jj)
"Securities" means any stocks, bonds, notes, or other evidences of debt or of
property.
(oo)
(kk)
"State" means the state of Utah.
(pp)
(ll)
"Ultimate user" means any person who lawfully possesses a controlled
substance for the person's own use, for the use of a member of the person's
household, or for administration to an animal owned by the person or a member of
the person's household.
(2)
If a term used in this chapter is not defined, the definition and terms of Title 76, Utah
Criminal Code, shall apply.
Section 62. Section
58-37-102
, which is renumbered from Section 58-37-18 is renumbered
and amended to read:
58-37-18
58-37-102
Effective
05/06/26
. Applicability of chapter -- Uniform
construction.
(1)
(a)
Prosecution for
a
violation of any law or offense occurring
prior to the effective
date of this act shall not be
before January 1, 1972, is not
affected by this
act;
chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances,
provided, that sentences imposed after
the effective date of this act
January 1, 1972,
may not exceed the maximum terms specified and the judge has discretion to impose
any minimum sentence.
(b)
Civil seizures, forfeitures, and injunctive proceedings commenced
prior to the
effective date of this act shall not be
before January 1, 1972, are not
affected by this
act
chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances
.
(c)
(i)
All administrative proceedings pending before any agency or court on
the
effective date of this act
January 1, 1972,
shall be continued and brought to final
determination in accordance with laws and regulations in effect
prior to the
effective date of this act
before January 1, 1972
.
(ii)
Drugs placed under control
prior to enactment of this act which
before January
1, 1972, that
are not listed within schedules I through V shall be automatically
controlled and listed in the appropriate schedule without further proceedings.
(2)
This act does not affect
Neither this chapter nor Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances, affects
rights and duties that mature, penalties that
are incurred, and proceedings that are begun before
its effective date
January 1, 1972
.
(3)
This
act
chapter and Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances,
shall be construed to effectuate
its
the
general purpose to make uniform the
law of those states
which
that
enact it where laws are similar to this
act
chapter and
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances
.
Section 63. Section
58-37-103
is enacted to read:
58-37-103
Effective
05/06/26
. Restrictions on less restrictive ordinances.
A legislative body of a political subdivision may not enact an ordinance that is less
restrictive than any provision of:
(1)
this chapter; or
(2)
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances.
Section 64. Section
58-37-104
is enacted to read:
58-37-104
Effective
05/06/26
. Severability.
If any provision, or the application of any provision to a person or circumstance, of this
chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, is held
invalid, the remainder of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances, shall be given effect without the invalid provision or application.
Section 65. Section
58-37-105
, which is renumbered from Section 58-37-6 is renumbered
and amended to read:
58-37-6
58-37-105
Effective
05/06/26
Partially Repealed
07/01/32
. Division
responsibilities -- Licensing -- Records required.
(1)
(a)
The division may adopt rules relating to the licensing and control of the
manufacture, distribution, production, prescription, administration, dispensing,
conducting of research with, and performing of laboratory analysis upon controlled
substances within this state.
(b)
The division may assess reasonable fees to defray the cost of issuing original and
renewal licenses under this chapter pursuant to Section
63J-1-504
.
(2)
(a)
(i)
Every person who manufactures, produces, distributes, prescribes, dispenses,
administers, conducts research with, or performs laboratory analysis upon any
controlled substance in Schedules I through V within this state, or who proposes
to engage in manufacturing, producing, distributing, prescribing, dispensing,
administering, conducting research with, or performing laboratory analysis upon
controlled substances included in Schedules I through V within this state shall
obtain a license issued by the division.
(ii)
(A)
The division shall issue each license under this chapter in accordance with
a two-year renewal cycle established by rule.
(B)
The division may by rule extend or shorten a renewal period by as much as
one year to stagger the renewal cycles
it
the division
administers.
(b)
Persons licensed to manufacture, produce, distribute, prescribe, dispense, administer,
conduct research with, or perform laboratory analysis upon controlled substances in
Schedules I through V within this state may possess, manufacture, produce,
distribute, prescribe, dispense, administer, conduct research with, or perform
laboratory analysis upon those substances to the extent authorized by their license
and in conformity with this chapter
and Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
.
(c)
The following persons are not required to obtain a license and may lawfully possess
controlled substances included in Schedules II through V under this section:
(i)
an agent or employee, except a sales representative, of any registered
manufacturer, distributor, or dispenser of any controlled substance, if the agent or
employee is acting in the usual course of the agent or employee's business or
employment; however, nothing in this subsection shall be interpreted to permit an
agent, employee, sales representative, or detail man to maintain an inventory of
controlled substances separate from the location of the person's employer's
registered and licensed place of business;
(ii)
a motor carrier or warehouseman, or an employee of a motor carrier or
warehouseman, who possesses a controlled substance in the usual course of the
person's business or employment; and
(iii)
an ultimate user, or a person who possesses any controlled substance pursuant to
a lawful order of a practitioner.
(d)
The division may enact rules waiving the license requirement for certain
manufacturers, producers, distributors, prescribers, dispensers, administrators,
research practitioners, or laboratories performing analysis if waiving the license
requirement is consistent with public health and safety.
(e)
A separate license is required at each principal place of business or professional
practice where the applicant manufactures, produces, distributes, dispenses, conducts
research with, or performs laboratory analysis upon controlled substances.
(f)
The division may enact rules providing for the inspection of a licensee or applicant's
establishment, and may inspect the establishment according to those rules.
(3)
(a)
(i)
Upon proper application, the division shall license a qualified applicant to
manufacture, produce, distribute, conduct research with, or perform laboratory
analysis upon controlled substances included in Schedules I through V, unless
it
the division
determines that issuance of a license is inconsistent with the public
interest.
(ii)
The division may not issue a license to any person to prescribe, dispense, or
administer a Schedule I controlled substance except under Subsection
(3)(a)(i)
.
(iii)
In determining public interest under this Subsection
(3)(a)
, the division shall
consider whether the applicant has:
(A)
maintained effective controls against diversion of controlled substances and
any Schedule I or II substance compounded from any controlled substance into
channels other than legitimate medical, scientific, or industrial channels;
(B)
complied with applicable state and local law;
(C)
been convicted under federal or state laws relating to the manufacture,
distribution, or dispensing of substances;
(D)
past experience in the manufacture of controlled dangerous substances;
(E)
established effective controls against diversion; and
(F)
complied with any other factors that the division establishes that promote the
public health and safety.
(b)
Licenses granted under Subsection
(3)(a)
do not entitle a licensee to manufacture,
produce, distribute, conduct research with, or perform laboratory analysis upon
controlled substances in Schedule I other than those specified in the license.
(c)
(i)
Practitioners
A practitioner
shall be licensed to administer, dispense, or
conduct research with substances in Schedules II through V if
they are
the
practitioner is
authorized to administer, dispense, or conduct research under the
laws of this state.
(ii)
The division need not require a separate license for
practitioners
a practitioner
engaging in research with nonnarcotic controlled substances in Schedules II
through V where the licensee is already licensed under this chapter in another
capacity.
(iii)
With respect to research involving narcotic substances in Schedules II through V,
or where the division by rule requires a separate license for research of
nonnarcotic substances in Schedules II through V, a practitioner shall apply to the
division
prior to
before
conducting research.
(iv)
Licensing for purposes of bona fide research with controlled substances by a
practitioner considered qualified may be denied only on a ground specified in
Subsection
(4)
, or upon evidence that the applicant will abuse or unlawfully
transfer or fail to safeguard adequately the practitioner's supply of substances
against diversion from medical or scientific use.
(v)
Practitioners
A practitioner
registered under federal law to conduct research in
Schedule I substances may conduct research in Schedule I substances within this
state upon providing the division with evidence of federal registration.
(d)
Compliance by
manufacturers, producers, and distributors
a manufacturer,
producer, or distributor
with the provisions of federal law respecting registration,
excluding fees, entitles
them
the manufacturer, producer, or distributor
to be
licensed under this chapter.
(e)
The division shall initially license those persons who own or operate an
establishment engaged in the manufacture, production, distribution, dispensation, or
administration of controlled substances prior to April 3, 1980, and who are licensed
by the state.
(4)
(a)
Any license issued
pursuant to
under
Subsection
(2)
or
(3)
may be denied,
suspended, placed on probation, or revoked by the division upon finding that the
applicant or licensee has:
(i)
materially falsified any application filed or required pursuant to this chapter;
(ii)
been convicted of an offense under this chapter
or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances, an offense described in a statute
previously in effect in this state that is the same or substantially similar to a
violation of an offense described in this chapter or Title 76, Chapter 18, Offenses
Concerning Controlled Substances,
or any law of the United States, or any state,
relating to any substance defined as a controlled substance;
(iii)
been convicted of a felony under any other law of the United States or any state
within five years of the date of the issuance of the license;
(iv)
had a federal registration or license denied, suspended, or revoked by competent
federal authority and is no longer authorized to manufacture, distribute, prescribe,
or dispense controlled substances;
(v)
had the licensee's license suspended or revoked by competent authority of another
state for violation of laws or regulations comparable to those of this state relating
to the manufacture, distribution, or dispensing of controlled substances;
(vi)
violated any division rule that reflects adversely on the licensee's reliability and
integrity with respect to controlled substances;
(vii)
refused inspection of records required to be maintained under this chapter by a
person authorized to inspect them; or
(viii)
prescribed, dispensed, administered, or injected an anabolic steroid for the
purpose of manipulating human hormonal structure so as to:
(A)
increase muscle mass, strength, or weight without medical necessity and
without a written prescription by any practitioner in the course of the
practitioner's professional practice; or
(B)
improve performance in any form of human exercise, sport, or game.
(b)
The division may limit revocation or suspension of a license to a particular
controlled substance with respect to which grounds for revocation or suspension exist.
(c)
(i)
Proceedings to deny, revoke, or suspend a license shall be conducted pursuant
to this section and in accordance with the procedures set forth in
Title 58, Chapter
1, Division of Professional Licensing Act
, and conducted in conjunction with the
appropriate representative committee designated by the director of the department.
(ii)
Nothing in this Subsection
(4)(c)
gives the Division of Professional Licensing
exclusive authority in proceedings to deny, revoke, or suspend licenses, except
where the division is designated by law to perform those functions, or, when not
designated by law, is designated by the executive director of the Department of
Commerce to conduct the proceedings.
(d)
(i)
The division may suspend any license simultaneously with the institution of
proceedings under this section if
it
the division
finds there is an imminent danger
to the public health or safety.
(ii)
Suspension shall continue in effect until the conclusion of proceedings, including
judicial review, unless withdrawn by the division or dissolved by a court of
competent jurisdiction.
(e)
(i)
If a license is suspended or revoked under this Subsection
(4)
, all controlled
substances owned or possessed by the licensee may be placed under seal in the
discretion of the division.
(ii)
Disposition may not be made of substances under seal until the time for taking an
appeal has lapsed, or until all appeals have been concluded, unless a court, upon
application, orders the sale of perishable substances and the proceeds deposited
with the court.
(iii)
If a revocation order becomes final, all controlled substances shall be forfeited.
(f)
The division shall notify promptly the Drug Enforcement Administration of all orders
suspending or revoking a license and all forfeitures of controlled substances.
(g)
If an individual's Drug Enforcement Administration registration is denied, revoked,
surrendered, or suspended, the division shall immediately suspend the individual's
controlled substance license, which shall only be reinstated by the division upon
reinstatement of the federal registration, unless the division has taken further
administrative action under Subsection
(4)(a)(iv)
, which would be grounds for the
continued denial of the controlled substance license.
(5)
(a)
A person licensed under Subsection
(2)
or
(3)
shall maintain records and
inventories in conformance with the record keeping and inventory requirements of
federal and state law and any additional rules issued by the division.
(b)
(i)
A physician, dentist, naturopathic physician, veterinarian, practitioner, or other
individual who is authorized to administer or professionally use a controlled
substance
,
shall keep a record of the drugs received by the individual and a record
of all drugs administered, dispensed, or professionally used by the individual
otherwise than by a prescription.
(ii)
An individual using small quantities or solutions or other preparations of those
drugs for local application has complied with this Subsection
(5)(b)
if the
individual keeps a record of the quantity, character, and potency of those solutions
or preparations purchased or prepared by the individual, and of the dates when
purchased or prepared.
(6)
Controlled substances in Schedules I through V may be distributed only by a licensee
and pursuant to an order form prepared in compliance with division rules or a lawful
order under the rules and regulations of the United States.
(7)
(a)
An individual may not write or authorize a prescription for a controlled
substance unless the individual is:
(i)
a practitioner authorized to prescribe drugs and medicine under the laws of this
state or under the laws of another state having similar standards; and
(ii)
licensed under this chapter or under the laws of another state having similar
standards.
(b)
An individual other than a pharmacist licensed under the laws of this state, or the
pharmacist's licensed intern, as required by Sections
58-17b-303
and
58-17b-304
,
may not dispense a controlled substance.
(c)
(i)
A controlled substance may not be dispensed without the written prescription
of a practitioner, if the written prescription is required by the federal Controlled
Substances Act.
(ii)
That written prescription shall be made in accordance with Subsection
(7)(a)
and
in conformity with Subsection
(7)(d)
.
(iii)
In emergency situations, as defined by division rule, controlled substances may
be dispensed upon oral prescription of a practitioner, if reduced promptly to
writing on forms designated by the division and filed by the pharmacy.
(iv)
Prescriptions reduced to writing by a pharmacist shall be in conformity with
Subsection
(7)(d)
.
(d)
Except for emergency situations designated by the division, an individual may not
issue, fill, compound, or dispense a prescription for a controlled substance unless the
prescription is signed by the prescriber in ink or indelible pencil or is signed with an
electronic signature of the prescriber as authorized by division rule, and contains the
following information:
(i)
the name, address, and registry number of the prescriber;
(ii)
the name, address, and age of the person to whom or for whom the prescription
is issued;
(iii)
the date of issuance of the prescription; and
(iv)
the name, quantity, and specific directions for use by the ultimate user of the
controlled substance.
(e)
A prescription may not be written, issued, filled, or dispensed for a Schedule I
controlled substance unless:
(i)
the individual who writes the prescription is licensed under Subsection
(2)
; and
(ii)
the prescribed controlled substance is to be used in research.
(f)
Except when administered directly to an ultimate user by a licensed practitioner,
controlled substances are subject to the restrictions of this Subsection
(7)(f)
.
(i)
A prescription for a Schedule II substance may not be refilled.
(ii)
A Schedule II controlled substance may not be filled in a quantity to exceed a
one-month's supply, as directed on the daily dosage rate of the prescriptions.
(iii)
(A)
A prescription for a Schedule II or Schedule III controlled substance that
is an opiate and that is issued for an acute condition shall be completely or
partially filled in a quantity not to exceed a seven-day supply as directed on the
daily dosage rate of the prescription.
(B)
Subsection
(7)(f)(iii)(A)
does not apply to prescriptions issued for complex or
chronic conditions which are documented as being complex or chronic in the
medical record.
(C)
A pharmacist is not required to verify that a prescription is in compliance
with Subsection
(7)(f)(iii)
.
(iv)
A Schedule III or IV controlled substance may be filled only within six months
of issuance, and may not be refilled more than six months after the date of its
original issuance or be refilled more than five times after the date of the
prescription unless renewed by the practitioner.
(v)
All other controlled substances in Schedule V may be refilled as the prescriber's
prescription directs, but they may not be refilled one year after the date the
prescription was issued unless renewed by the practitioner.
(vi)
Any prescription for a Schedule II substance may not be dispensed if it is not
presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern
within 30 days after the date the prescription was issued, or 30 days after the
dispensing date, if that date is specified separately from the date of issue.
(vii)
A practitioner may issue more than one prescription at the same time for the
same Schedule II controlled substance, but only under the following conditions:
(A)
no more than three prescriptions for the same Schedule II controlled
substance may be issued at the same time;
(B)
no one prescription may exceed a 30-day supply; and
(C)
a second or third prescription shall include the date of issuance and the date
for dispensing.
(g)
An order for a controlled substance in Schedules II through V for use by an
inpatient or an outpatient of a licensed hospital is exempt from all requirements of
this Subsection
(7)
if the order is:
(i)
issued or made by a prescribing practitioner who holds an unrestricted
registration with the federal Drug Enforcement Administration, and an active Utah
controlled substance license in good standing issued by the division under this
section, or a medical resident who is exempted from licensure under Subsection
58-1-307(1)(c)
;
(ii)
authorized by the prescribing practitioner treating the patient and the prescribing
practitioner designates the quantity ordered;
(iii)
entered upon the record of the patient, the record is signed by the prescriber
affirming the prescriber's authorization of the order within 48 hours after filling or
administering the order, and the patient's record reflects the quantity actually
administered; and
(iv)
filled and dispensed by a pharmacist practicing the pharmacist's profession
within the physical structure of the hospital, or the order is taken from a supply
lawfully maintained by the hospital and the amount taken from the supply is
administered directly to the patient authorized to receive it.
(h)
A practitioner licensed under this chapter may not prescribe, administer, or dispense
a controlled substance to a child, without first obtaining the consent required in
Section
78B-3-406
of a parent, guardian, or person standing in loco parentis of the
child except in cases of an emergency. For purposes of Subsection
(7)(h)
, "child" has
the same meaning as defined in Section
80-1-102
, and "emergency" means any
physical condition requiring the administration of a controlled substance for
immediate relief of pain or suffering.
(i)
A practitioner licensed under this chapter may not prescribe or administer dosages of
a controlled substance in excess of medically recognized quantities necessary to treat
the ailment, malady, or condition of the ultimate user.
(j)
A practitioner licensed under this chapter may not prescribe, administer, or dispense
any controlled substance to another person knowing that the other person is using a
false name, address, or other personal information for the purpose of securing the
controlled substance.
(k)
A person who is licensed under this chapter to manufacture, distribute, or dispense a
controlled substance may not manufacture, distribute, or dispense a controlled
substance to another licensee or any other authorized person not authorized by this
license.
(l)
A person licensed under this chapter may not omit, remove, alter, or obliterate a
symbol required by this chapter or by a rule issued under this chapter.
(m)
A person licensed under this chapter may not refuse or fail to make, keep, or
furnish any record notification, order form, statement, invoice, or information
required under this chapter.
(n)
A person licensed under this chapter may not refuse entry into any premises for
inspection as authorized by this chapter.
(o)
A person licensed under this chapter may not furnish false or fraudulent material
information in any application, report, or other document required to be kept by this
chapter or willfully make any false statement in any prescription, order, report, or
record required by this chapter.
(8)
(a)
(i)
Any person licensed under this chapter who is found by the division to
have violated any of the provisions of Subsections
(7)(k)
through
(o)
or
Subsection
(10)
is subject to a penalty not to exceed $5,000. The division shall
determine the procedure for adjudication of any violations in accordance with
Sections
58-1-106
and
58-1-108
.
(ii)
The division shall deposit all penalties collected under Subsection
(8)(a)(i)
into
the General Fund as a dedicated credit to be used by the division under Subsection
58-37f-502(1)
.
(iii)
The director may collect a penalty that is not paid by:
(A)
referring the matter to a collection agency; or
(B)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(iv)
A county attorney or the attorney general of the state shall provide legal
assistance and advice to the director in an action to collect a penalty.
(v)
A court shall award reasonable attorney fees and costs to the prevailing party in
an action brought by the division to collect a penalty.
(b)
Any person who knowingly and intentionally violates Subsections
(7)(h)
through
(j)
or Subsection
(10)
is:
(i)
upon first conviction, guilty of a class B misdemeanor;
(ii)
upon second conviction, guilty of a class A misdemeanor; and
(iii)
on third or subsequent conviction, guilty of a third degree felony.
(c)
Any person who knowingly and intentionally violates Subsections
(7)(k)
through
(o)
shall upon conviction be guilty of a third degree felony.
(9)
Any information communicated to any licensed practitioner in an attempt to unlawfully
procure, or to procure the administration of, a controlled substance is not considered to
be a privileged communication.
(10)
A person holding a valid license under this chapter who is engaged in medical
research may produce, possess, administer, prescribe, or dispense a controlled substance
for research purposes as licensed under Subsection
(2)
but may not otherwise prescribe
or dispense a controlled substance listed in Section
58-37-4.2
.
(11)
(a)
As used in this Subsection
(11)
:
(i)
"High risk prescription" means a prescription for an opiate or a benzodiazepine
that is written to continue for longer than 30 consecutive days.
(ii)
"Database" means the controlled substance database created in Section
58-37f-201
.
(b)
A practitioner who issues a high risk prescription to a patient shall, before issuing
the high risk prescription to the patient, verify in the database that the patient does
not have a high risk prescription from a different practitioner that is currently active.
(c)
If the database shows that the patient has received a high risk prescription that is
currently active from a different practitioner, the practitioner may not issue a high
risk prescription to the patient unless the practitioner:
(i)
contacts and consults with each practitioner who issued a high risk prescription
that is currently active to the patient;
(ii)
documents in the patient's medical record that the practitioner made contact with
each practitioner in accordance with Subsection
(11)(c)(i)
; and
(iii)
documents in the patient's medical record the reason why the practitioner
believes that the patient needs multiple high risk prescriptions from different
practitioners.
(d)
A practitioner shall satisfy the requirement described in Subsection
(11)(c)
in a
timely manner, which may be after the practitioner issues the high risk prescription to
the patient.
Section 66. Section
58-37-106
, which is renumbered from Section 58-37-17 is renumbered
and amended to read:
58-37-17
58-37-106
Effective
05/06/26
. Judicial review.
(1)
Any
A
person aggrieved by a department's final order may obtain judicial review.
(2)
Venue for judicial review of
an
informal adjudicative
proceedings
proceeding
is in the
district court of Salt Lake County.
Section 67. Section
58-37-107
, which is renumbered from Section 58-37-3 is renumbered
and amended to read:
58-37-3
58-37-107
Effective
05/06/26
. Controlled substances.
(1)
All substances listed in Section
58-37-4
or
58-37-4.2
58-37-108
or
58-37-109
are
controlled.
(2)
All substances listed in the federal Controlled Substances Act, Title II, P.L. 91-513, are
controlled.
Section 68. Section
58-37-108
, which is renumbered from Section 58-37-4 is renumbered
and amended to read:
58-37-4
58-37-108
Effective
05/06/26
. Schedules of controlled substances --
Schedules I through V -- Findings required -- Specific substances included in schedules.
(1)
There are established five schedules of controlled substances known as Schedules I, II,
III, IV, and V
,
which consist of substances listed in this section.
(2)
Schedules I, II, III, IV, and V consist of the following drugs or other substances by the
official name, common or usual name, chemical name, or brand name designated:
(a)
Schedule I:
(i)
Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, when the existence of the isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(A)
Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(B)
Acetyl fentanyl: (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
(C)
Acetylmethadol;
(D)
Acryl fentanyl (N-(1-Phenethylpiperidin-4-yl)-N-phenylacrylamide);
(E)
Allylprodine;
(F)
Alphacetylmethadol, except levo-alphacetylmethadol also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(G)
Alphameprodine;
(H)
Alphamethadol;
(I)
Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(J)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);
(K)
Benzylpiperazine;
(L)
Benzethidine;
(M)
Betacetylmethadol;
(N)
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
piperidinyl]-N-phenylpropanamide);
(O)
Beta-hydroxy-3-methylfentanyl, other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(P)
Betameprodine;
(Q)
Betamethadol;
(R)
Betaprodine;
(S)
Butyryl fentanyl (N-(1-(2-phenylethyl)-4-piperidinyl)-N-phenylbutyramide);
(T)
Clonitazene;
(U)
Cyclopropyl fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);
(V)
Dextromoramide;
(W)
Diampromide;
(X)
Diethylthiambutene;
(Y)
Difenoxin;
(Z)
Dimenoxadol;
(AA)
Dimepheptanol;
(BB)
Dimethylthiambutene;
(CC)
Dioxaphetyl butyrate;
(DD)
Dipipanone;
(EE)
Ethylmethylthiambutene;
(FF)
Etizolam
(1-Methyl-6-o-chlorophenyl-8-ethyl-4H-s-triazolo[3,4-c]thieno[2,3-e]1,4-diazepine);
(GG)
Etonitazene;
(HH)
Etoxeridine;
(II)
Furanyl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]
furan-2-carboxamide);
(JJ)
Furethidine;
(KK)
Hydroxypethidine;
(LL)
Ketobemidone;
(MM)
Levomoramide;
(NN)
Levophenacylmorphan;
(OO)
Methoxyacetyl fentanyl
(2-Methoxy-N-(1-phenylethylpiperidinyl-4-yl)-N-acetamide);
(PP)
Morpheridine;
(QQ)
MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(RR)
Noracymethadol;
(SS)
Norlevorphanol;
(TT)
Normethadone;
(UU)
Norpipanone;
(VV)
Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]
propanamide);
(WW)
Para-fluoroisobutyryl fentanyl
(N-(4-Fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);
(XX)
PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(YY)
Phenadoxone;
(ZZ)
Phenampromide;
(AAA)
Phenibut;
(BBB)
Phenomorphan;
(CCC)
Phenoperidine;
(DDD)
Piritramide;
(EEE)
Proheptazine;
(FFF)
Properidine;
(GGG)
Propiram;
(HHH)
Racemoramide;
(III)
Tetrahydrofuran fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide);
(JJJ)
Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
(KKK)
Tianeptine;
(LLL)
Tilidine;
(MMM)
Trimeperidine;
(NNN)
3-methylfentanyl, including the optical and geometric isomers
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide);
(OOO)
3-methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(PPP)
3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide also
known as U-47700; and
(QQQ)
4-cyano CUMYL-BUTINACA.
(ii)
Unless specifically excepted or unless listed in another schedule, any of the
following opium derivatives, their salts, isomers, and salts of isomers when the
existence of the salts, isomers, and salts of isomers is possible within the specific
chemical designation:
(A)
Acetorphine;
(B)
Acetyldihydrocodeine;
(C)
Benzylmorphine;
(D)
Codeine methylbromide;
(E)
Codeine-N-Oxide;
(F)
Cyprenorphine;
(G)
Desomorphine;
(H)
Dihydromorphine;
(I)
Drotebanol;
(J)
Etorphine (except hydrochloride salt);
(K)
Heroin;
(L)
Hydromorphinol;
(M)
Methyldesorphine;
(N)
Methylhydromorphine;
(O)
Morphine methylbromide;
(P)
Morphine methylsulfonate;
(Q)
Morphine-N-Oxide;
(R)
Myrophine;
(S)
Nicocodeine;
(T)
Nicomorphine;
(U)
Normorphine;
(V)
Pholcodine; and
(W)
Thebacon.
(iii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation
which
that
contains any quantity of the
following hallucinogenic substances, or
which
that
contains any of their salts,
isomers, and salts of isomers when the existence of the salts, isomers, and salts of
isomers is possible within the specific chemical designation; as used in this
Subsection
(2)(a)(iii)
only, "isomer" includes the optical, position, and geometric
isomers:
(A)
Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole;
-ET; and AET;
(B)
4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:
4-bromo-2,5-dimethoxy-
-methylphenethylamine; 4-bromo-2,5-DMA;
(C)
4-bromo-2,5-dimethoxyphenethylamine, some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB;
2C-B, Nexus;
(D)
2,5-dimethoxyamphetamine, some trade or other names: 2,5-dimethoxy-
-methylphenethylamine; 2,5-DMA;
(E)
2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
(F)
4-methoxyamphetamine, some trade or other names: 4-methoxy-
-methylphenethylamine; paramethoxyamphetamine, PMA;
(G)
5-methoxy-3,4-methylenedioxyamphetamine;
(H)
4-methyl-2,5-dimethoxy-amphetamine, some trade and other names:
4-methyl-2,5-dimethoxy-
-methylphenethylamine; "DOM"; and "STP";
(I)
3,4-methylenedioxy amphetamine;
(J)
3,4-methylenedioxymethamphetamine (MDMA);
(K)
3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE,
MDEA;
(L)
N-hydroxy-3,4-methylenedioxyamphetamine, also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy
MDA;
(M)
3,4,5-trimethoxy amphetamine;
(N)
Bufotenine, some trade and other names: 3-(
-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol;
N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(O)
Diethyltryptamine, some trade and other names: N,N-Diethyltryptamine; DET;
(P)
Dimethyltryptamine, some trade or other names: DMT;
(Q)
Ibogaine, some trade and other names: 7-Ethyl-6,6
,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2]
azepino [5,4-b] indole; Tabernanthe iboga;
(R)
Lysergic acid diethylamide;
(S)
Marijuana;
(T)
Mescaline;
(U)
Parahexyl, some trade or other names:
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;
Synhexyl;
(V)
Peyote, meaning all parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any
extract from any part of such plant, and every compound, manufacture, salts,
derivative, mixture, or preparation of such plant, its seeds or extracts
(Interprets 21 USC 812(c), Schedule I(c) (12));
(W)
N-ethyl-3-piperidyl benzilate;
(X)
N-methyl-3-piperidyl benzilate;
(Y)
Psilocybin;
(Z)
Psilocyn;
(AA)
Tetrahydrocannabinols, naturally contained in a plant of the genus Cannabis
(cannabis plant), except for marijuana as defined in Subsection
58-37-2(1)(aa)(i)(E)
58-37-101(1)(w)(i)(E)
, as well as synthetic equivalents of
the substances contained in the cannabis plant, or in the resinous extractives of
Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity to those substances
contained in the plant, such as the following:
1 cis or trans
tetrahydrocannabinol, and their optical isomers
6 cis or trans
tetrahydrocannabinol, and their optical isomers
3,4 cis or trans
tetrahydrocannabinol, and its optical isomers, and since nomenclature of these
substances is not internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions covered;
(BB)
Ethylamine analog of phencyclidine, some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
(CC)
Pyrrolidine analog of phencyclidine, some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(DD)
Thiophene analog of phencyclidine, some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine,
TPCP, TCP; and
(EE)
1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
(iv)
Unless specifically excepted or unless listed in another schedule, any material
compound, mixture, or preparation
which
that
contains any quantity of the
following substances having a depressant effect on the central nervous system,
including its salts, isomers, and salts of isomers when the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical designation:
(A)
Mecloqualone; and
(B)
Methaqualone.
(v)
Any material, compound, mixture, or preparation containing any quantity of the
following substances having a stimulant effect on the central nervous system,
including their salts, isomers, and salts of isomers:
(A)
Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
or 4,5-dihydro-5-phenyl-2-oxazolamine;
(B)
Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
(C)
Fenethylline;
(D)
Methcathinone, some other names: 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432,
its salts, optical isomers, and salts of optical isomers;
(E)
(
)cis-4-methylaminorex ((
)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(F)
N-ethylamphetamine; and
(G)
N,N-dimethylamphetamine, also known as
N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
(vi)
Any material, compound, mixture, or preparation
which
that
contains any
quantity of the following substances, including their optical isomers, salts, and
salts of isomers, subject to temporary emergency scheduling:
(A)
N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
(B)
N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
(vii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation
which
that
contains any quantity of gamma
hydroxy butyrate (gamma hydrobutyric acid), including its salts, isomers, and
salts of isomers.
(b)
Schedule II:
(i)
Unless specifically excepted or unless listed in another schedule, any of the
following substances whether produced directly or indirectly by extraction from
substances of vegetable origin, or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
(A)
Opium and opiate, and any salt, compound, derivative, or preparation of
opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene,
naloxone, and naltrexone, and their respective salts, but including:
(I)
Raw opium;
(II)
Opium extracts;
(III)
Opium fluid;
(IV)
Powdered opium;
(V)
Granulated opium;
(VI)
Tincture of opium;
(VII)
Codeine;
(VIII)
Ethylmorphine;
(IX)
Etorphine hydrochloride;
(X)
Hydrocodone;
(XI)
Hydromorphone;
(XII)
Metopon;
(XIII)
Morphine;
(XIV)
Oxycodone;
(XV)
Oxymorphone; and
(XVI)
Thebaine;
(B)
Any salt, compound, derivative, or preparation
which
that
is chemically
equivalent or identical with any of the substances referred to in Subsection
(2)(b)(i)(A)
, except that these substances may not include the isoquinoline
alkaloids of opium;
(C)
Opium poppy and poppy straw;
(D)
Coca leaves and any salt, compound, derivative, or preparation of coca leaves,
and any salt, compound, derivative, or preparation
which
that
is chemically
equivalent or identical with any of these substances, and includes cocaine and
ecgonine, their salts, isomers, derivatives, and salts of isomers and derivatives,
whether derived from the coca plant or synthetically produced, except the
substances may not include decocainized coca leaves or extraction of coca
leaves, which extractions do not contain cocaine or ecgonine; and
(E)
Concentrate of poppy straw, which means the crude extract of poppy straw in
either liquid, solid, or powder form
which
that
contains the phenanthrene
alkaloids of the opium poppy.
(ii)
Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, when the existence of the isomers, esters, ethers, and
salts is possible within the specific chemical designation, except dextrorphan and
levopropoxyphene:
(A)
Alfentanil;
(B)
Alphaprodine;
(C)
Anileridine;
(D)
Bezitramide;
(E)
Bulk dextropropoxyphene (nondosage forms);
(F)
Carfentanil;
(G)
Dihydrocodeine;
(H)
Diphenoxylate;
(I)
Fentanyl;
(J)
Isomethadone;
(K)
Levo-alphacetylmethadol, some other names: levo-alpha-acetylmethadol,
levomethadyl acetate, or LAAM;
(L)
Levomethorphan;
(M)
Levorphanol;
(N)
Metazocine;
(O)
Methadone;
(P)
Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(Q)
Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid;
(R)
Pethidine (meperidine);
(S)
Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(T)
Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(U)
Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(V)
Phenazocine;
(W)
Piminodine;
(X)
Racemethorphan;
(Y)
Racemorphan;
(Z)
Remifentanil; and
(AA)
Sufentanil.
(iii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation
which
that
contains any quantity of the
following substances having a stimulant effect on the central nervous system:
(A)
Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B)
Methamphetamine, its salts, isomers, and salts of its isomers;
(C)
Phenmetrazine and its salts; and
(D)
Methylphenidate.
(iv)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation
which
that
contains any quantity of the
following substances having a depressant effect on the central nervous system,
including its salts, isomers, and salts of isomers when the existence of the salts,
isomers, and salts of isomers is possible within the specific chemical designation:
(A)
Amobarbital;
(B)
Glutethimide;
(C)
Pentobarbital;
(D)
Phencyclidine;
(E)
Phencyclidine immediate precursors: 1-phenylcyclohexylamine and
1-piperidinocyclohexanecarbonitrile (PCC); and
(F)
Secobarbital.
(v)
(A)
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation
which
that
contains any quantity
of Phenylacetone.
(B)
Some of these substances may be known by trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone.
(vi)
Nabilone, another name for nabilone: (
)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,
6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
(vii)
A drug product or preparation that contains any component of marijuana,
including tetrahydrocannabinol, and is approved by the United States Food and
Drug Administration and scheduled by the Drug Enforcement Administration in
Schedule II of the federal Controlled Substances Act, Title II, P.L. 91-513.
(c)
Schedule III:
(i)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation
which
that
contains any quantity of the
following substances having a stimulant effect on the central nervous system,
including its salts, isomers whether optical, position, or geometric, and salts of the
isomers when the existence of the salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(A)
Those
those
compounds, mixtures, or preparations in dosage unit form
containing any stimulant substances listed in Schedule II, which compounds,
mixtures, or preparations were listed on August 25, 1971, as excepted
compounds under Section 1308.32 of Title 21 of the Code of Federal
Regulations, and any other drug of the quantitive composition shown in that
list for those drugs or
which
that
is the same except that it contains a lesser
quantity of controlled substances;
(B)
Benzphetamine;
(C)
Chlorphentermine;
(D)
Clortermine; and
(E)
Phendimetrazine.
(ii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation
which
that
contains any quantity of the
following substances having a depressant effect on the central nervous system:
(A)
Any
any
compound, mixture, or preparation containing amobarbital,
secobarbital, pentobarbital, or any salt of any of them, and one or more other
active medicinal ingredients
which
that
are not listed in any schedule;
(B)
Any
any
suppository dosage form containing amobarbital, secobarbital, or
pentobarbital, or any salt of any of these drugs
which
that
is approved by the
United States
Food and Drug Administration for marketing only as a
suppository;
(C)
Any
any
substance
which
that
contains any quantity of a derivative of
barbituric acid or any salt of any of them;
(D)
Chlorhexadol;
(E)
Buprenorphine;
(F)
Any
any
drug product containing gamma hydroxybutyric acid, including its
salts, isomers, and salts of isomers, for which an application is approved under
the federal Food, Drug, and Cosmetic Act, Section 505;
(G)
Ketamine, its salts, isomers, and salts of isomers, some other names for
ketamine:
-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(H)
Lysergic acid;
(I)
Lysergic acid amide;
(J)
Methyprylon;
(K)
Sulfondiethylmethane;
(L)
Sulfonethylmethane;
(M)
Sulfonmethane; and
(N)
Tiletamine and zolazepam or any of their salts, some trade or other names for
a tiletamine-zolazepam combination product: Telazol, some trade or other
names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, some trade
or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e]
[1,4]-diazepin-7(1H)-one, flupyrazapon.
(iii)
Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in
a U.S. Food and Drug Administration approved drug product, some other names
for dronabinol:
(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol,
or (-)-delta-9-(trans)-tetrahydrocannabinol.
(iv)
Nalorphine.
(v)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the free anhydrous base or
alkaloid:
(A)
Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with an equal or greater quantity of an isoquinoline
alkaloid of opium;
(B)
Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active non-narcotic ingredients in
recognized therapeutic amounts;
(C)
Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with a fourfold or greater quantity of
an isoquinoline alkaloid of opium;
(D)
Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with one or more active, non-narcotic
ingredients in recognized therapeutic amounts;
(E)
Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more
than 90 milligrams per dosage unit, with one or more active non-narcotic
ingredients in recognized therapeutic amounts;
(F)
Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, non-narcotic
ingredients in recognized therapeutic amounts;
(G)
Not more than 500 milligrams of opium per 100 milliliters or per 100 grams,
or not more than 25 milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic amounts; and
(H)
Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams
with one or more active, non-narcotic ingredients in recognized therapeutic
amounts.
(vi)
Unless specifically excepted or unless listed in another schedule, anabolic
steroids including any of the following or any isomer, ester, salt, or derivative of
the following that promotes muscle growth:
(A)
Boldenone;
(B)
Chlorotestosterone (4-chlortestosterone);
(C)
Clostebol;
(D)
Dehydrochlormethyltestosterone;
(E)
Dihydrotestosterone (4-dihydrotestosterone);
(F)
Drostanolone;
(G)
Ethylestrenol;
(H)
Fluoxymesterone;
(I)
Formebulone (formebolone);
(J)
Mesterolone;
(K)
Methandienone;
(L)
Methandranone;
(M)
Methandriol;
(N)
Methandrostenolone;
(O)
Methenolone;
(P)
Methyltestosterone;
(Q)
Mibolerone;
(R)
Nandrolone;
(S)
Norethandrolone;
(T)
Oxandrolone;
(U)
Oxymesterone;
(V)
Oxymetholone;
(W)
Stanolone;
(X)
Stanozolol;
(Y)
Testolactone;
(Z)
Testosterone; and
(AA)
Trenbolone.
(vii)
Anabolic steroids expressly intended for administration through implants to
cattle or other nonhuman species, and approved by the Secretary of Health and
Human Services for use, may not be classified as a controlled substance.
(viii)
A drug product or preparation that contains any component of marijuana,
including tetrahydrocannabinol, and is approved by the United States Food and
Drug Administration and scheduled by the Drug Enforcement Administration in
Schedule III of the federal Controlled Substances Act, Title II, P.L. 91-513.
(ix)
Nabiximols.
(d)
Schedule IV:
(i)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing not more than 1 milligram of
difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit, or
any salts of any of them.
(ii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation
which
that
contains any quantity of the
following substances, including its salts, isomers, and salts of isomers when the
existence of the salts, isomers, and salts of isomers is possible within the specific
chemical designation:
(A)
Alprazolam;
(B)
Barbital;
(C)
Bromazepam;
(D)
Butorphanol;
(E)
Camazepam;
(F)
Carisoprodol;
(G)
Chloral betaine;
(H)
Chloral hydrate;
(I)
Chlordiazepoxide;
(J)
Clobazam;
(K)
Clonazepam;
(L)
Clorazepate;
(M)
Clotiazepam;
(N)
Cloxazolam;
(O)
Delorazepam;
(P)
Diazepam;
(Q)
Dichloralphenazone;
(R)
Estazolam;
(S)
Ethchlorvynol;
(T)
Ethinamate;
(U)
Ethyl loflazepate;
(V)
Fludiazepam;
(W)
Flunitrazepam;
(X)
Flurazepam;
(Y)
Halazepam;
(Z)
Haloxazolam;
(AA)
Ketazolam;
(BB)
Loprazolam;
(CC)
Lorazepam;
(DD)
Lormetazepam;
(EE)
Mebutamate;
(FF)
Medazepam;
(GG)
Meprobamate;
(HH)
Methohexital;
(II)
Methylphenobarbital (mephobarbital);
(JJ)
Midazolam;
(KK)
Nimetazepam;
(LL)
Nitrazepam;
(MM)
Nordiazepam;
(NN)
Oxazepam;
(OO)
Oxazolam;
(PP)
Paraldehyde;
(QQ)
Pentazocine;
(RR)
Petrichloral;
(SS)
Phenobarbital;
(TT)
Pinazepam;
(UU)
Prazepam;
(VV)
Quazepam;
(WW)
Temazepam;
(XX)
Tetrazepam;
(YY)
Tramadol;
(ZZ)
Triazolam;
(AAA)
Zaleplon; and
(BBB)
Zolpidem.
(iii)
Any material, compound, mixture, or preparation of fenfluramine
which
that
contains any quantity of the following substances, including its salts, isomers
whether optical, position, or geometric, and salts of the isomers when the
existence of the salts, isomers, and salts of isomers is possible.
(iv)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation
which
that
contains any quantity of the
following substances having a stimulant effect on the central nervous system,
including its salts, isomers whether optical, position, or geometric isomers, and
salts of the isomers when the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(A)
Cathine ((+)-norpseudoephedrine);
(B)
Diethylpropion;
(C)
Fencamfamine;
(D)
Fenproprex;
(E)
Mazindol;
(F)
Mefenorex;
(G)
Modafinil;
(H)
Pemoline, including organometallic complexes and chelates thereof;
(I)
Phentermine;
(J)
Pipradrol;
(K)
Sibutramine; and
(L)
SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(v)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation
which
that
contains any quantity of
dextropropoxyphene (alpha-(+)-4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
(vi)
A drug product or preparation that contains any component of marijuana and is
approved by the United States Food and Drug Administration and scheduled by
the Drug Enforcement Administration in Schedule IV of the federal Controlled
Substances Act, Title II, P.L. 91-513.
(e)
Schedule V:
(i)
Any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, or their salts calculated as the free anhydrous base or
alkaloid, which includes one or more non-narcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:
(A)
not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(B)
not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;
(C)
not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;
(D)
not more than 2.5 milligrams of diphenoxylate and not less than 25
micrograms of atropine sulfate per dosage unit;
(E)
not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(F)
not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit; and
(G)
unless specifically exempted or excluded or unless listed in another schedule,
any material, compound, mixture, or preparation
which
that
contains
Pyrovalerone having a stimulant effect on the central nervous system,
including its salts, isomers, and salts of isomers.
(ii)
A drug product or preparation that contains any component of marijuana,
including cannabidiol, and is approved by the United States Food and Drug
Administration and scheduled by the Drug Enforcement Administration in
Schedule V of the federal Controlled Substances Act, Title II, P.L. 91-513.
(iii)
Gabapentin.
Section 69. Section
58-37-109
, which is renumbered from Section 58-37-4.2 is renumbered
and amended to read:
58-37-4.2
58-37-109
Effective
05/06/26
. Listed controlled substances.
The following substances, their analogs, homologs, and synthetic equivalents
,
are listed
controlled substances:
(1)
AB-001;
(2)
AB-PINACA;
N-[1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-3-carboxamide;
(3)
AB-FUBINACA; N-[1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)
methyl]-1H-indazole-3-carboxamide;
(4)
AB-CHMINACA
(N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide);
(5)
ADB-CHMINACA (N-[(2S)-1-amino-3,3-dimethyl-1-oxobutan-2-yl]-1-
(cyclohexylmethyl)indazole-3-carboxamide);
(6)
ADB-FUBINACA (N-(1-amino-3,3-dimethyl-1oxobutan-2-yl)-1-
(4-fluorobenzyl)-1H-indazole-3-caboxamide);
(7)
AKB48;
(8)
alpha-Pyrrolidinohexanophenone (alpha-PHP)
(1-Phenyl-2-(pyrrolidin-1-yl)hexan-1-one);
(9)
alpha-Pyrrolidinovalerophenone (alpha-PVP);
(10)
AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone);
(11)
AM-1248;
(12)
AM-2201 (1-(5-fluoropentyl)-3-(1-naphthoyl)indole);
(13)
AM-2233;
(14)
AM-679;
(15)
A796,260;
(16)
Butylone;
(17)
CP 47,497 and its C6, C8, and C9 homologs (2-[(1R,3S)-3-hydroxycyclohexyl]
-5-(2-methyloctan-2-yl)phenol);
(18)
Diisopropyltryptamine (DiPT);
(19)
Ethylone;
(20)
Ethylphenidate;
(21)
Fluoroisocathinone;
(22)
Fluoromethamphetamine;
(23)
Fluoromethcathinone;
(24)
FUB-AMB; methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)valinate;
(25)
HU-210; (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
(26)
HU-211; Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-
methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
(27)
JWH-015; (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone;
(28)
JWH-018; Naphthalen-1-yl-(pentylindol-3-yl)methanone {also known as
1-Pentyl-3-(1-naphthoyl)indole};
(29)
JWH-019; 1-hexyl-3-(1-naphthoyl)indole;
(30)
JWH-073; Naphthalen-1-yl(1-butylindol-3-yl)methanone {also known as
1-Butyl-3-(1-naphthoyl)indole};
(31)
JWH-081; 4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone;
(32)
JWH-122; CAS#619294-47-2; (1-Pentyl-3-(4-methyl-1-naphthoyl)indole);
(33)
JWH-200; 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl)indole;
(34)
JWH-203; 1-pentyl-3-(2-chlorophenylacetyl)indole;
(35)
JWH-210; 4-ethyl-1-naphthalenyl(1-pentyl-1H-indol-3-yl)-methanone;
(36)
JWH-250; 1-pentyl-3-(2-methoxyphenylacetyl)indole;
(37)
JWH-251; 2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3-yl)ethanone;
(38)
JWH-398; 1-pentyl-3-(4-chloro-1-naphthoyl)indole;
(39)
MAM-2201;
(40)
MAM-2201; (1-(5-fluoropentyl)-1H-indol-3-yl)(4-ethyl-1-naphthalenyl)-methanone;
(41)
Methoxetamine;
(42)
Naphyrone;
(43)
PB-22; 1-pentyl-1H-indole-3-carboxylic acid 8-quinolinyl ester;
(44)
Pentedrone;
(45)
Pentylone;
(46)
RCS-4; 1-pentyl-3-(4-methoxybenzoyl)indole;
(47)
RCS-8; 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole {also known as
BTW-8 and SR-18};
(48)
STS-135;
(49)
UR-144;
(50)
UR-144 N-(5-chloropentyl) analog;
(51)
XLR11;
(52)
2C-C;
(53)
2C-D;
(54)
2C-E;
(55)
2C-H;
(56)
2C-I;
(57)
2C-N;
(58)
2C-P;
(59)
2C-T-2;
(60)
2C-T-4;
(61)
2NE1;
(62)
25I-NBOMe;
(63)
2,5-Dimethoxy-4-chloroamphetamine (DOC);
(64)
4-Fluoro MDMB-BUTINACA (Methyl
2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate);
(65)
4-methylmethcathinone {also known as mephedrone};
(66)
3,4-methylenedioxypyrovalerone {also known as MDPV};
(67)
3,4-Methylenedioxymethcathinone {also known as methylone};
(68)
4-methoxymethcathinone;
(69)
4-Methyl-alpha-pyrrolidinopropiophenone;
(70)
4-Methylethcathinone;
(71)
5F-AKB48; 1-(5-flouropentyl)-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-
carboxamide;
(72)
5-Fluoro ADB (Methyl
N-{[1-(5-fluoropentyl)-1H-indazol-3-yl]carbonyl}-3-methyl-valinate);
(73)
5-Fluoro AMB (Methyl N-{[1-(5-fluoropentyl)-1H-indazol-3-yl]carbonyl}valinate);
(74)
5-fluoro-PB-22; 1-(5-fluoropentyl)-1H-indole-3-carboxylic acid 8-quinolinyl ester;
(75)
5-Iodo-2-aminoindane (5-IAI);
(76)
5-MeO-DALT;
(77)
25B-NBOMe; 2-(r-bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)
methyl]ethanamine;
(78)
25C-NBOMe; 2-(4Chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)
methyl]ethanamine; and
(79)
25H-NBOMe; 2-(2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine.
Section 70. Section
58-37-110
, which is renumbered from Section 58-37-5.5 is renumbered
and amended to read:
58-37-5.5
58-37-110
Effective
05/06/26
. Recognized controlled substance
analogs.
(1)
A substance listed under Subsection
(2)
is an analog, as defined in Subsection
58-37-2(1)(g)
58-37-101(1)(f)
, if the substance, in any quantity, and in any material,
compound, mixture, or preparation, is present in:
(a)
any product manufactured, distributed, or possessed for the purpose of human
consumption; or
(b)
any product, the use or administration of which results in human consumption.
(2)
Substances referred to in Subsection
(1)
include, but are not limited to:
(a)
gamma butyrolactone (GBL);
(b)
butyrolactone;
(c)
1,2 butanolide;
(d)
2-oxanolone;
(e)
tetrahydro-2-furanone;
(f)
dihydro-2 (3H)-furanone;
(g)
tetramethylene glycol;
(h)
1,4 butanediol; and
(i)
gamma valerolactone.
Section 71. Section
58-37-111
, which is renumbered from Section 58-37-2.5 is renumbered
and amended to read:
58-37-2.5
58-37-111
Effective
05/06/26
. Exceptions to applicability for certain
herbs and food supplements.
This chapter
does
and Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances, do
not restrict the sale and use of herbs, herbal products, or food supplements that
are not scheduled in this chapter as controlled substances.
Section 72. Section
58-37-112
, which is renumbered from Section 58-37-7 is renumbered
and amended to read:
58-37-7
58-37-112
Effective
05/06/26
. Labeling and packaging controlled
substance -- Informational pamphlet for opiates -- Naloxone education and offer to
dispense.
(1)
A person licensed
pursuant to this act
under this chapter
may not distribute a controlled
substance unless
it
the controlled substance
is packaged and labeled in compliance with
the requirements of Section 305 of the
Federal
federal
Comprehensive Drug Abuse
Prevention and Control Act of 1970.
(2)
No person
,
except a pharmacist for the purpose of filling a prescription
shall
, may
alter, deface, or remove any label affixed by the manufacturer.
(3)
Whenever a pharmacy sells or dispenses any controlled substance on a prescription
issued by a practitioner, the pharmacy shall affix to the container in which the substance
is sold or dispensed:
(a)
a label showing the:
(i)
pharmacy name and address;
(ii)
serial number; and
(iii)
date of initial filling;
(b)
the prescription number, the name of the patient, or if the patient is an animal, the
name of the owner of the animal and the species of the animal;
(c)
the name of the practitioner by whom the prescription was written;
(d)
any directions stated on the prescription; and
(e)
any directions required by rules and regulations promulgated by the department.
(4)
Whenever a pharmacy sells or dispenses a Schedule II or Schedule III controlled
substance that is an opiate, the pharmacy shall:
(a)
affix a warning to the container or the lid for the container in which the substance is
sold or dispensed that contains the following text:
(i)
"Caution: Opioid. Risk of overdose and addiction"; or
(ii)
any other language that is approved by the Department of Health and Human
Services;
(b)
beginning January 1, 2024:
(i)
offer to counsel the patient or the patient's representative on the use and
availability of an opiate antagonist as defined in Section
26B-4-501
; and
(ii)
offer to dispense an opiate antagonist as defined in Section
26B-4-501
to the
patient or the patient's representative, under a prescription from a practitioner or
under Section
26B-4-510
, if the patient:
(A)
receives a single prescription for 50 morphine milligram equivalents or more
per day, calculated in accordance with guidelines developed by the United
States Centers for Disease Control and Prevention;
(B)
is being dispensed an opioid and the pharmacy dispensed a benzodiazepine to
the patient in the previous
30 day
30-day
period; or
(C)
is being dispensed a benzodiazepine and the pharmacy dispensed an opioid to
the patient in the previous
30 day
30-day
period.
(5)
(a)
A pharmacy who sells or dispenses a Schedule II or Schedule III controlled
substance that is an opiate shall, if available from the Department of Health and
Human Services, prominently display at the point of sale the informational pamphlet
developed by the Department of Health and Human Services under Section
26B-4-514
.
(b)
The board and the Department of Health and Human Services shall encourage
pharmacies to use the informational pamphlet to engage in patient counseling
regarding the risks associated with taking opiates.
(c)
The requirement in Subsection
(5)(a)
does not apply to a pharmacy if the pharmacy
is unable to obtain the informational pamphlet from the Department of Health and
Human Services for any reason.
(6)
A person may not alter the face or remove any label so long as any of the original
contents remain.
(7)
(a)
An individual to whom or for whose use any controlled substance has been
prescribed, sold, or dispensed by a practitioner and the owner of any animal for
which any controlled substance has been prescribed, sold, or dispensed by a
veterinarian may lawfully possess it only in the container in which it was delivered to
the individual by the person selling or dispensing it.
(b)
It is a defense to a prosecution under this subsection that the person being
prosecuted produces in court a valid prescription for the controlled substance or the
original container with the label attached.
Section 73. Section
58-37-113
is enacted to read:
58-37-113
Effective
05/06/26
. Medical research use of controlled substances --
Penalties for violation.
(1)
A person holding a valid license under this chapter who is engaged in medical research
may produce, possess, administer, prescribe, or dispense a controlled substance for
research purposes as licensed under Subsection
58-37-105(2)
but may not otherwise
prescribe or dispense a controlled substance listed in Section
58-37-109
.
(2)
(a)
(i)
A person licensed under this chapter who is found by the division to have
violated Subsection
(1)
is subject to a penalty not to exceed $5,000.
(ii)
The division shall determine the procedure for adjudication of a violation in
accordance with Sections
58-1-106
and
58-1-108
.
(b)
The division shall deposit all penalties collected under Subsection
(2)(a)(i)
into the
General Fund as a dedicated credit to be used by the division under Subsection
58-37f-502(1)
.
(c)
The director may collect a penalty that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(d)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(e)
A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty.
(3)
Any person who knowingly and intentionally violates Subsection
(1)
is:
(a)
upon a first conviction, guilty of a class B misdemeanor;
(b)
upon a second conviction, guilty of a class A misdemeanor; or
(c)
on a third or subsequent conviction, guilty of a third degree felony.
(4)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
Section 74. Section
58-37-114
, which is renumbered from Section 58-37-15 is renumbered
and amended to read:
58-37-15
58-37-114
Effective
05/06/26
. Burden of proof in proceedings on
violations.
(1)
It is not necessary for the state to negate any exemption or exception set forth in this
act
chapter or in Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances,
in any complaint, information, indictment or other pleading or trial, hearing, or other
proceeding under this
act
chapter or in Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, and the burden of proof of any exemption or
exception is upon the person claiming
its
the
benefit
of the exemption or exception
.
(2)
In absence of proof that a person is the duly authorized holder of an appropriate license,
registration, order form, or prescription issued under this
act
chapter
, a person shall be
presumed not to be the holder of a license, registration, order form, or prescription, and
the burden of proof is upon the person to rebut the presumption.
(3)
No liability shall be imposed upon any duly authorized state or federal officer engaged
in the enforcement of this act who is engaged in the enforcement of any law, municipal
ordinance, or regulation relating to controlled substances.
Section 75. Section
58-37-115
is enacted to read:
58-37-115
Effective
05/06/26
. Restrictions on liability for law enforcement.
No liability shall be imposed upon any authorized state or federal officer engaged in the
enforcement of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances, who is engaged in the enforcement of any law, municipal ordinance, or regulation
relating to controlled substances.
Section 76. Section
58-37-201
is enacted to read:
2. Enforcement, Proceedings, and Penalties
58-37-201
Effective
05/06/26
. Definitions.
Reserved.
Section 77. Section
58-37-202
, which is renumbered from Section 58-37-8.5 is renumbered
and amended to read:
58-37-8.5
58-37-202
Effective
05/06/26
. Applicability of Title 76 to
prosecutions.
Unless specifically excluded in or inconsistent with the provisions of this chapter
or
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances
, the
following
provisions of
Title 76, Chapter 1, General Provisions
,
Title 76, Utah Criminal Code, are
applicable to a prosecution under this chapter or under Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances:
(1)
Title 76,
Chapter 2, Principles of Criminal Responsibility
,
;
(2)
Title 76,
Chapter 3, Punishments
,
;
and
(3)
Title 76,
Chapter 4, Inchoate Offenses
, are fully applicable to prosecutions under this
chapter
.
Section 78. Section
58-37-203
, which is renumbered from Section 58-37-12 is renumbered
and amended to read:
58-37-12
58-37-203
Effective
05/06/26
. Enforcement -- Coordination and
cooperation of federal and state agencies -- Powers.
(1)
The department and all law enforcement agencies charged with enforcing this
act
chapter, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances,
shall cooperate with federal and other state agencies in discharging their responsibilities
concerning traffic in controlled substances and in suppressing the abuse of controlled
substances.
To this end, they
(2)
In accordance with Subsection
(1)
, the department and law enforcement agencies
charged with enforcing this chapter, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances,
are authorized to:
(1)
(a)
Arrange
arrange
for the exchange of information between governmental
officials concerning the use and abuse of dangerous substances
.
;
(2)
(b)
Coordinate
coordinate
and cooperate in training programs in controlled
substance law enforcement at the local and state levels
.
;
(3)
(c)
Cooperate
cooperate
with the United States Department of Justice and the Utah
Department of Public Safety by establishing a centralized unit
which
that
will
receive, catalog, file, and collect statistics, including records of drug-dependent
persons
individuals
and other controlled substance law offenders within the state, and
make the information available for federal, state, and local law enforcement purposes
.
; and
(4)
(d)
Conduct
conduct
programs of eradication aimed at destroying the wild or illicit
growth of plant species from which controlled substances may be extracted.
Section 79. Section
58-37-204
, which is renumbered from Section 58-37-9 is renumbered
and amended to read:
58-37-9
58-37-204
Effective
05/06/26
. Investigators -- Status of peace officers.
Investigators for the Department of
Commerce shall
,
for the purpose of enforcing the
provisions of this chapter
or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances,
have the status of peace officers.
The following section is affected by a coordination clause at the end of this bill.
Section 80. Section
58-37-205
, which is renumbered from Section 58-37-10 is renumbered
and amended to read:
58-37-10
58-37-205
Effective
05/06/26
. Search warrants -- Administrative
inspection warrants -- Inspections and seizures of property without warrant.
(1)
Search warrants relating to offenses involving controlled substances may be authorized
pursuant to
in accordance with
the Utah Rules of Criminal Procedure.
(2)
Issuance and execution of administrative inspection warrants shall be as follows:
(a)
(i)
Any judge or magistrate of this state within
his
the judge's or magistrate's
jurisdiction upon proper oath or affirmation showing probable cause, may issue
warrants for the purpose of conducting administrative inspections authorized by
this
act
chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances,
or regulations thereunder and seizures of property appropriate to such
inspections.
(ii)
Probable cause for purposes of this
act
chapter or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances,
exists upon showing a valid public
interest in the effective enforcement of the
act
chapter or Title 76, Chapter 18,
Part 2, Offenses Concerning Controlled Substances,
or rules promulgated
thereunder sufficient to justify administrative inspection of the area, premises,
building, or conveyance in the circumstances specified in the application for the
warrant.
(b)
(i)
A warrant shall issue only upon an affidavit of an officer or employee duly
designated and having knowledge of the facts alleged sworn to before a judge or
magistrate
which
that
establish the grounds for issuing the warrant.
(ii)
If the judge or magistrate is satisfied that grounds for the application exist or that
there is probable cause to believe they exist,
he
the judge or magistrate
shall issue
a warrant identifying the area, premises, building, or conveyance to be inspected,
the purpose of the inspection, and if appropriate, the type of property to be
inspected, if any.
(iii)
The warrant shall:
(i)
(A)
state the grounds for
its
the warrant's
issuance and the name of each
person whose affidavit has been taken to support it;
(ii)
(B)
be directed to a person authorized by Section
58-37-9
58-37-204
of this
act
chapter
to execute it;
(iii)
(C)
command the person to whom
it
the warrant
is directed to inspect the
area, premises, building, or conveyance identified for the purpose specified and
if appropriate, direct the seizure of the property specified;
(iv)
(D)
identify the item or types of property to be seized, if any; and
(v)
(E)
direct that
it
the warrant
be served during normal business hours and
designate the judge or magistrate to whom it shall be returned.
(c)
(i)
A warrant issued pursuant to this section must be executed and returned within
10 days after
its date
the date of the warrant
unless, upon a showing of a need for
additional time, the court instructs otherwise in the warrant.
(ii)
If property is seized pursuant to a warrant, the person executing the warrant shall
give to the person from whom or from whose premises the property was taken a
copy of the warrant and a receipt for the property taken
,
or leave the copy and
receipt at the place where the property was taken.
(iii)
Return of the warrant shall be made promptly and be accompanied by a written
inventory of any property taken.
(iv)
The inventory shall be made in the presence of the person executing the warrant
and of the person from whose possession or premises the property was taken, if
they are present, or in the presence of at least one credible person other than the
person executing the warrant.
(v)
A copy of the inventory shall be delivered to the person from whom or from
whose premises the property was taken and to the applicant for the warrant.
(d)
The judge or magistrate who issued the warrant under this section shall attach a copy
of the return and all other papers to the warrant and file them with the court.
(3)
The department is authorized to make administrative inspections of controlled premises
in accordance with the following provisions:
(a)
For purposes of this section only, "controlled premises" means:
(i)
Places
places
where persons licensed or exempted from licensing requirements
under this
act
chapter
are required to keep records
.
; or
(ii)
Places
places
including factories, warehouses, establishments, and conveyances
where persons licensed or exempted from licensing requirements are permitted to
possess, manufacture, compound, process, sell, deliver, or otherwise dispose of
any controlled substance.
(b)
When authorized by an administrative inspection warrant
,
a law enforcement officer
or employee designated in Section
58-37-9
58-37-204
, upon presenting the warrant
and appropriate credentials to the owner, operator, or agent in charge, has the right to
enter controlled premises for the purpose of conducting an administrative inspection.
(c)
When authorized by an administrative inspection warrant, a law enforcement officer
or employee designated in Section
58-37-9
58-37-204
has the right:
(i)
To
to
inspect and copy records required by this chapter
.
;
(ii)
To
to
inspect within reasonable limits and a reasonable manner, the controlled
premises and all pertinent equipment, finished and unfinished material, containers,
and labeling found, and except as provided in Subsection
(3)(e)
, all other things
including records, files, papers, processes, controls, and facilities subject to
regulation and control by this chapter or by rules promulgated by the department
.
;
and
(iii)
To
to
inventory and take stock of any controlled substance and obtain samples
of any substance.
(d)
This section shall not be construed to prevent the inspection of books and records
without a warrant pursuant to an administrative subpoena issued by a court or the
department
,
nor shall it be construed to prevent entries and administrative inspections
including seizures of property without a warrant:
(i)
with the consent of the owner, operator, or agent in charge of the controlled
premises;
(ii)
in situations presenting imminent danger to health or safety;
(iii)
in situations involving inspection of conveyances where there is reasonable cause
to believe that the mobility of the conveyance makes it impracticable to obtain a
warrant;
(iv)
in any other exceptional or emergency circumstance where time or opportunity to
apply for a warrant is lacking; and
(v)
in all other situations where a warrant is not constitutionally required.
(e)
No inspection authorized by this section shall extend to financial data, sales data,
other than shipment data, or pricing data unless the owner, operator, or agent in
charge of the controlled premises consents in writing.
Section 81. Section
58-37-206
, which is renumbered from Section 58-37-11 is renumbered
and amended to read:
58-37-11
58-37-206
Effective
05/06/26
. Court action to enjoin a violation --
Jury trial.
(1)
A court may enjoin
violations of this act
a violation of this chapter or Title 76, Chapter
18, Part 2, Offenses Concerning Controlled Substances
.
(2)
If an alleged violation of an injunction or restraining order issued under this section
occurs, the accused may demand a jury trial in accordance with the Utah Rules of Civil
Procedure.
Section 82. Section
58-37-207
, which is renumbered from Section 58-37-14 is renumbered
and amended to read:
58-37-14
58-37-207
Effective
05/06/26
. Resort for illegal use or possession of
controlled substances deemed common nuisance -- District court power to suppress and
enjoin.
(1)
(a)
Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or
other place to which users or possessors of any controlled substances, listed in
schedules I through V, resort or where use or possession of any substances violates
this
act
chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances
, or which is used for illegal keeping, storing, or selling any substances
listed as controlled substances in schedules I through V
,
shall be deemed a common
nuisance.
(b)
No person shall open, keep, or maintain
any such place
a place described in
Subsection
(1)(a)
.
(2)
The district court has the power to make any order necessary or reasonable to suppress
any nuisance and to enjoin any person or persons from doing any act calculated to cause,
or permit the continuation of a nuisance.
Section 83. Section
58-37-208
is enacted to read:
58-37-208
Effective
05/06/26
. Prima facie evidence.
In any prosecution for a violation of this chapter or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances, 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.
Section 84. Section
58-37-209
is enacted to read:
58-37-209
Effective
05/06/26
. Privileged communication.
Any information communicated to a licensed practitioner in an attempt to unlawfully
procure, or to procure the administration of, a controlled substance is not considered to be a
privileged communication.
Section 85. Section
58-37-210
is enacted to read:
58-37-210
Effective
05/06/26
. Penalties -- Bar to state prosecution.
(1)
A violation of this chapter for which no penalty is specified is a class B misdemeanor.
(2)
When a violation of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances, 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.
Section 86. Section
58-37-301
is enacted to read:
3. Specific Provisions Regarding Prescriptions and Orders
58-37-301
Effective
05/06/26
. Definitions.
Reserved.
Section 87. Section
58-37-302
, which is renumbered from Section 58-37-22 is renumbered
and amended to read:
58-37-22
58-37-302
Effective
05/06/26
. Electronic prescriptions for controlled
substances.
(1)
Beginning January 1, 2022, each prescription issued for a controlled substance shall be
transmitted electronically as an electronic prescription
,
unless the prescription is:
(a)
for a patient residing in an assisted living facility as that term is defined in Section
26B-2-201
, a long-term care facility as that term is defined in Section
58-31b-102
, or
a correctional facility as that term is defined in Section
64-13-1
;
(b)
issued by a veterinarian licensed under
Chapter 28, Veterinary Practice Act
;
(c)
dispensed by a Department of Veterans Affairs pharmacy;
(d)
issued during a temporary technical or electronic failure at the practitioner's or
pharmacy's location; or
(e)
issued in an emergency situation.
(2)
The division, in collaboration with the appropriate boards that govern the licensure of
the licensees who are authorized by the division to prescribe or to dispense controlled
substances, shall make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(a)
require that controlled substances prescribed or dispensed under Subsection
(1)(d)
indicate on the prescription that the prescribing practitioner or the pharmacy is
experiencing a technical difficulty or an electronic failure;
(b)
define an emergency situation for purposes of Subsection
(1)(e)
;
(c)
establish additional exemptions to the electronic prescription requirements
established in this section;
(d)
establish guidelines under which a prescribing practitioner or a pharmacy may obtain
an extension of up to two additional years to comply with Subsection
(1)
;
(e)
establish a protocol to follow if the pharmacy that receives the electronic prescription
is not able to fill the prescription; and
(f)
establish requirements that comply with federal laws and regulations for software
used to issue and dispense electronic prescriptions.
(3)
Beginning July 1, 2024, a pharmacy software program for receiving an electronic
prescription for a controlled substance shall be capable of electronically transferring a
prescription to a different pharmacy:
(a)
upon the request of the patient or the practitioner;
(b)
with the approval of a pharmacist at the originating pharmacy; and
(c)
if the prescription is unfilled.
Section 88. Section
58-37-303
, which is renumbered from Section 58-37-6.5 is renumbered
and amended to read:
58-37-6.5
58-37-303
Effective
05/06/26
. Continuing education for controlled
substance prescribers.
(1)
For the purposes of this section:
(a)
"Controlled substance prescriber" means an individual, other than a veterinarian,
who:
(i)
is licensed to prescribe a controlled substance under this chapter; and
(ii)
possesses the authority, in accordance with the individual's scope of practice, to
prescribe schedule II controlled substances and schedule III controlled substances
that are applicable to opioid narcotics, hypnotic depressants, or psychostimulants.
(b)
"D.O." means an osteopathic physician and surgeon licensed under
Chapter 68, Utah
Osteopathic Medical Practice Act
.
(c)
"FDA" means the United States Food and Drug Administration.
(d)
"M.D." means a physician and surgeon licensed under
Chapter 67, Utah Medical
Practice Act
.
(e)
"SBIRT" means the Screening, Brief Intervention, and Referral to Treatment
approach used by the federal Substance Abuse and Mental Health Services
Administration or defined by the division, in consultation with the Office of
Substance Use and Mental Health, by administrative rule, in accordance with
Title
63G, Chapter 3, Utah Administrative Rulemaking Act
.
(2)
(a)
Beginning with the licensing period that begins after January 1, 2014, as a
condition precedent for license renewal, each controlled substance prescriber shall
complete at least 3.5 continuing education hours per licensing period that satisfy the
requirements of Subsection
(3)
.
(b)
(i)
Beginning with the licensing period that begins after January 1, 2024, as a
condition precedent for license renewal, each controlled substance prescriber shall
complete at least 3.5 continuing education hours in an SBIRT-training class that
satisfies the requirements of Subsection
(4)
.
(ii)
Completion of the SBIRT-training class, in compliance with Subsection
(2)(b)(i)
,
fulfills the continuing education hours requirement in Subsection
(3)
for the
licensing period in which the class was completed.
(iii)
A controlled substance prescriber:
(A)
need only take the SBIRT-training class once during the controlled substance
prescriber's licensure in the state; and
(B)
shall provide a completion record of the SBIRT-training class in order to be
reimbursed for SBIRT services to patients, in accordance with Sections
26B-3-131
and
49-20-416
.
(3)
A controlled substance prescriber shall complete at least 3.5 hours of continuing
education in one or more controlled substance prescribing classes, except dentists
,
who
shall complete at least two hours, that satisfy the requirements of Subsections
(4)
and
(6)
.
(4)
A controlled substance prescribing class shall:
(a)
satisfy the division's requirements for the continuing education required for the
renewal of the controlled substance prescriber's respective license type;
(b)
be delivered by an accredited or approved continuing education provider recognized
by the division as offering continuing education appropriate for the controlled
substance prescriber's respective license type; and
(c)
include a postcourse knowledge assessment.
(5)
An M.D. or D.O. completing continuing professional education hours under Subsection
(4)
shall complete those hours in classes that qualify for the American Medical
Association Physician's Recognition Award Category 1 Credit.
(6)
The 3.5 hours of the controlled substance prescribing classes under Subsection
(4)
shall
include educational content covering the following:
(a)
the scope of the controlled substance abuse problem in Utah and the nation;
(b)
all elements of the FDA Blueprint for Prescriber Education under the FDA's
Extended-Release and Long-Acting Opioid Analgesics Risk Evaluation and
Mitigation Strategy, as published July 9, 2012, or as it may be subsequently revised;
(c)
the national and Utah-specific resources available to prescribers to assist in
appropriate controlled substance and opioid prescribing;
(d)
patient record documentation for controlled substance and opioid prescribing;
(e)
office policies, procedures, and implementation; and
(f)
some training regarding medical cannabis, as that term is defined in Section
26B-4-201
.
(7)
(a)
The division, in consultation with the Utah Medical Association Foundation, shall
determine whether a particular controlled substance prescribing class satisfies the
educational content requirements of Subsections
(4)
and
(6)
for an M.D. or D.O.
(b)
The division, in consultation with the applicable professional licensing boards, shall
determine whether a particular controlled substance prescribing class satisfies the
educational content requirements of Subsections
(4)
and
(6)
for a controlled
substance prescriber other than an M.D. or D.O.
(c)
The division may by rule establish a committee that may audit compliance with the
Utah Risk Evaluation and Mitigation Strategy (REMS) Educational Programming
Project grant, that satisfies the educational content requirements of Subsections
(4)
and
(6)
for a controlled substance prescriber.
(d)
The division shall consult with the Department of Health and Human Services
regarding the medical cannabis training described in Subsection
(6)(f)
.
(8)
A controlled substance prescribing class required under this section:
(a)
may be held:
(i)
in conjunction with other continuing professional education programs; and
(ii)
online; and
(b)
does not increase the total number of state-required continuing professional
education hours required for prescriber licensing.
(9)
The division may establish rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to implement this section.
(10)
A controlled substance prescriber who, on or after July 1, 2017, obtains a waiver to
treat opioid dependency with narcotic medications, in accordance with the Drug
Addiction Treatment Act of 2000, 21 U.S.C. Sec. 823 et seq., may use the waiver to
satisfy the 3.5 hours of the continuing education requirement under Subsection
(3)
for
two consecutive licensing periods.
Section 89. Section
58-37-304
is enacted to read:
58-37-304
Effective
05/06/26
. Prescription requirements -- Penalties.
(1)
An individual may not write or authorize a prescription for a controlled substance unless
the individual is:
(a)
a practitioner authorized to prescribe drugs and medicine under the laws of this state
or under the laws of another state having similar standards; and
(b)
licensed under this chapter or under the laws of another state having similar
standards.
(2)
An individual other than a pharmacist licensed under the laws of this state, or the
pharmacist's licensed intern, as required by Sections
58-17b-303
and
58-17b-304
, may
not dispense a controlled substance.
(3)
(a)
A controlled substance may not be dispensed without the written prescription of a
practitioner, if the written prescription is required by the federal Controlled
Substances Act.
(b)
A written prescription described in Subsection
(3)(a)
shall be made in accordance
with Subsection
(1)
and in conformity with Subsection
(4)
.
(c)
In emergency situations, as defined by division rule, controlled substances may be
dispensed upon oral prescription of a practitioner, if reduced promptly to writing on
forms designated by the division and filed by the pharmacy.
(d)
Prescriptions reduced to writing by a pharmacist shall be in conformity with
Subsection
(4)
.
(4)
Except for emergency situations designated by the division, an individual may not issue,
fill, compound, or dispense a prescription for a controlled substance unless the
prescription is signed by the prescriber in ink or indelible pencil or is signed with an
electronic signature of the prescriber as authorized by division rule, and contains the
following information:
(a)
the name, address, and registry number of the prescriber;
(b)
the name, address, and age of the person to whom or for whom the prescription is
issued;
(c)
the date of issuance of the prescription; and
(d)
the name, quantity, and specific directions for use by the ultimate user of the
controlled substance.
(5)
A prescription may not be written, issued, filled, or dispensed for a Schedule I
controlled substance unless:
(a)
the individual who writes the prescription is licensed under Subsection
58-37-105(2)
;
and
(b)
the prescribed controlled substance is to be used in research.
(6)
(a)
Except when administered directly to an ultimate user by a licensed practitioner,
controlled substances are subject to the restrictions of this Subsection
(6)
.
(b)
A prescription for a Schedule II substance may not be refilled.
(c)
A Schedule II controlled substance may not be filled in a quantity to exceed a
one-month's supply, as directed on the daily dosage rate of the prescriptions.
(d)
(i)
A prescription for a Schedule II or Schedule III controlled substance that is an
opiate and that is issued for an acute condition shall be completely or partially
filled in a quantity not to exceed a seven-day supply as directed on the daily
dosage rate of the prescription.
(ii)
Subsection
(6)(d)(i)
does not apply to prescriptions issued for complex or chronic
conditions that are documented as being complex or chronic in the medical record.
(iii)
A pharmacist is not required to verify that a prescription is in compliance with
this Subsection
(6)(d)
.
(e)
A Schedule III or IV controlled substance may be filled only within six months of
issuance, and may not be refilled more than six months after the date of the original
issuance or be refilled more than five times after the date of the prescription unless
renewed by the practitioner.
(f)
All other controlled substances in Schedule V may be refilled as the prescriber's
prescription directs, but they may not be refilled one year after the date the
prescription was issued unless renewed by the practitioner.
(g)
Any prescription for a Schedule II substance may not be dispensed if it is not
presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within
30 days after the date the prescription was issued, or 30 days after the dispensing
date, if that date is specified separately from the date of issue.
(h)
A practitioner may issue more than one prescription at the same time for the same
Schedule II controlled substance, but only under the following conditions:
(i)
no more than three prescriptions for the same Schedule II controlled substance
may be issued at the same time;
(ii)
no one prescription may exceed a 30-day supply; and
(iii)
a second or third prescription shall include the date of issuance and the date for
dispensing.
(7)
An order for a controlled substance in Schedules II through V for use by an inpatient or
an outpatient of a licensed hospital is exempt from all requirements of this section if the
order is:
(a)
issued or made by a prescribing practitioner who holds an unrestricted registration
with the federal Drug Enforcement Administration, and an active Utah controlled
substance license in good standing issued by the division under Section
58-37-105
, or
a medical resident who is exempted from licensure under Subsection
58-1-307(1)(c)
;
(b)
authorized by the prescribing practitioner treating the patient and the prescribing
practitioner designates the quantity ordered;
(c)
entered upon the record of the patient, the record is signed by the prescriber
affirming the prescriber's authorization of the order within 48 hours after filling or
administering the order, and the patient's record reflects the quantity actually
administered; and
(d)
filled and dispensed by a pharmacist practicing the pharmacist's profession within the
physical structure of the hospital, or the order is taken from a supply lawfully
maintained by the hospital and the amount taken from the supply is administered
directly to the patient authorized to receive it.
(8)
(a)
For purposes of Subsection
(8)(b)
:
(i)
"Child" means the same as that term is defined in Section
80-1-102
.
(ii)
"Emergency" means any physical condition requiring the administration of a
controlled substance for immediate relief of pain or suffering.
(b)
A practitioner licensed under this chapter may not prescribe, administer, or dispense
a controlled substance to a child, without first obtaining the consent required in
Section
78B-3-406
of a parent, guardian, or person standing in loco parentis of the
child, except in cases of an emergency.
(9)
A practitioner licensed under this chapter may not prescribe or administer dosages of a
controlled substance in excess of medically recognized quantities necessary to treat the
ailment, malady, or condition of the ultimate user.
(10)
A practitioner licensed under this chapter may not prescribe, administer, or dispense
any controlled substance to another person knowing that the other person is using a false
name, address, or other personal information for the purpose of securing the controlled
substance.
(11)
A person who is licensed under this chapter to manufacture, distribute, or dispense a
controlled substance may not manufacture, distribute, or dispense a controlled substance
to another licensee or any other authorized person not authorized by this license.
(12)
A person licensed under this chapter may not omit, remove, alter, or obliterate a
symbol required by this chapter or by a rule issued under this chapter.
(13)
A person licensed under this chapter may not refuse or fail to make, keep, or furnish
any record notification, order form, statement, invoice, or information required under
this chapter.
(14)
A person licensed under this chapter may not refuse entry into any premises for
inspection as authorized by this chapter.
(15)
A person licensed under this chapter may not furnish false or fraudulent material
information in any application, report, or other document required to be kept by this
chapter or willfully make any false statement in any prescription, order, report, or record
required by this chapter.
(16)
(a)
(i)
A person licensed under this chapter who is found by the division to have
violated any of the provisions of Subsection
(11)
,
(12)
,
(13)
,
(14)
, or
(15)
is
subject to a penalty not to exceed $5,000.
(ii)
The division shall determine the procedure for adjudication of any violations in
accordance with Sections
58-1-106
and
58-1-108
.
(b)
The division shall deposit all penalties collected under Subsection
(16)(a)(i)
into the
General Fund as a dedicated credit to be used by the division under Subsection
58-37f-502(1)
.
(c)
The director may collect a penalty that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(d)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(e)
A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty.
(17)
(a)
A person who knowingly and intentionally violates Subsection
(8)
,
(9)
, or
(10)
is:
(i)
upon first conviction, guilty of a class B misdemeanor;
(ii)
upon second conviction, guilty of a class A misdemeanor; and
(iii)
upon third or subsequent conviction, guilty of a third degree felony.
(b)
A person who knowingly and intentionally violates Subsection
(11)
,
(12)
,
(13)
,
(14)
,
or
(15)
is guilty of a third degree felony.
(18)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
Section 90. Section
58-37-305
is enacted to read:
58-37-305
Effective
05/06/26
. High risk prescriptions.
(1)
As used in this section:
(a)
"Database" means the controlled substance database created in Section
58-37f-201
.
(b)
"High risk prescription" means a prescription for an opiate or a benzodiazepine that
is written to continue for longer than 30 consecutive days.
(2)
A practitioner who issues a high risk prescription to a patient shall, before issuing the
high risk prescription to the patient, verify in the database that the patient does not have
a high risk prescription from a different practitioner that is currently active.
(3)
If the database shows that the patient has received a high risk prescription that is
currently active from a different practitioner, the practitioner may not issue a high risk
prescription to the patient unless the practitioner:
(a)
contacts and consults with each practitioner who issued a high risk prescription that
is currently active to the patient;
(b)
documents in the patient's medical record that the practitioner made contact with
each practitioner in accordance with Subsection
(3)(a)
; and
(c)
documents in the patient's medical record the reason why the practitioner believes
that the patient needs multiple high risk prescriptions from different practitioners.
(4)
A practitioner shall satisfy the requirement described in Subsection
(3)
in a timely
manner, which may be after the practitioner issues the high risk prescription to the
patient.
Section 91. Section
58-37-306
, which is renumbered from Section 58-37-19 is renumbered
and amended to read:
58-37-19
58-37-306
Effective
05/06/26
. Opiate prescription consultation --
Prescription for opiate antagonist required.
(1)
As used in this section:
(a)
"Initial opiate prescription" means a prescription for an opiate to a patient who:
(i)
has never previously been issued a prescription for an opiate; or
(ii)
was previously issued a prescription for an opiate, but the date on which the
current prescription is being issued is more than one year after the date on which
an opiate was previously prescribed or administered to the patient.
(b)
"Opiate antagonist" means the same as that term is defined in Section
26B-4-501
.
(c)
"Prescriber" means an individual
who is
authorized to prescribe a controlled
substance under this chapter.
(2)
Except as provided in Subsection
(3)
, a prescriber may not issue an initial opiate
prescription without discussing with the patient, or the patient's parent or guardian if the
patient is under 18 years old and is not an emancipated minor:
(a)
the risks of addiction and overdose associated with opiate drugs;
(b)
the dangers of taking opiates with alcohol, benzodiazepines, and other central
nervous system depressants;
(c)
the reasons why the prescription is necessary;
(d)
alternative treatments that may be available; and
(e)
other risks associated with the use of the drugs being prescribed.
(3)
Subsection
(2)
does not apply to a prescription for:
(a)
a patient who is currently in active treatment for cancer;
(b)
a patient who is receiving hospice care from a licensed hospice as defined in Section
26B-2-201
; or
(c)
a medication that is being prescribed to a patient for the treatment of the patient's
substance abuse or opiate dependence.
(4)
(a)
Beginning January 1, 2024, a prescriber shall offer to prescribe or dispense an
opiate antagonist to a patient if the patient receives an initial opiate prescription for:
(i)
50 morphine milligram equivalents or more per day, calculated in accordance with
guidelines developed by the United States Centers for Disease Control and
Prevention; or
(ii)
any opiate if the practitioner is also prescribing a benzodiazepine to the patient.
(b)
Subsection
(4)(a)
does not apply if the initial opiate prescription:
(i)
is administered directly to an ultimate user by a licensed practitioner; or
(ii)
is for a three-day supply or less.
(c)
This Subsection
(4)
does not require a patient to purchase or obtain an opiate
antagonist as a condition of receiving the patient's initial opiate prescription.
Section 92. Section
58-37-307
, which is renumbered from Section 58-37-23 is renumbered
and amended to read:
58-37-23
58-37-307
Effective
05/06/26
. 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
is
:
(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.
Section 93. Section
58-37-308
, which is renumbered from Section 58-37-6.1 is renumbered
and amended to read:
58-37-6.1
58-37-308
Effective
05/06/26
. Veterinary exemption for gabapentin.
A veterinarian licensed under Chapter 28, Veterinary Practice Act, who is prescribing,
administering, or dispensing gabapentin within the veterinarian's scope of practice, is exempt
from the requirements of this chapter
and Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances
.
Section 94. Section
58-37-309
, which is renumbered from Section 58-37-3.5 is renumbered
and amended to read:
58-37-3.5
58-37-309
Effective
05/06/26
Repealed
07/01/27
. Drugs for
behavioral health treatment.
(1)
As used in this section:
(a)
"Drug" means any form of psilocybin or methylenedioxymethamphetamine that is in
federal Food and Drug Administration Phase 3 testing for an investigational drug
described in 21 C.F.R. Part 312.
(b)
"Healthcare system" means:
(i)
a privately-owned, non-profit, vertically-integrated healthcare system that operates
at least 15 licensed hospitals in the state; or
(ii)
a health care system closely affiliated with an institution of higher education
listed in Section
53H-1-102
.
(2)
A healthcare system may develop a behavioral health treatment program that includes a
treatment based on a drug that the healthcare system determines is supported by a broad
collection of scientific and medical research.
(3)
A healthcare system described in Subsection
(2)
:
(a)
shall ensure that a drug used under the exclusive authority of this section is used by a
patient only under the direct supervision and control of the healthcare system and the
healthcare system's health care providers who are licensed under this title; and
(b)
may not provide treatments that are authorized exclusively under this section to an
individual who is not at least 18 years old.
(4)
Before July 1, 2026, a healthcare system that creates a behavioral health treatment
program under this section shall provide a written report to the Health and Human
Services Interim Committee regarding:
(a)
drugs used;
(b)
health outcomes of patients;
(c)
side effects of any drugs used; and
(d)
any other information necessary for the Legislature to evaluate the medicinal value
of any drugs.
(5)
An individual or entity that complies with this section when using, distributing,
possessing, administering, or supervising the use of, a drug is not guilty of a violation of
this title.
Section 95. Section
58-37-401
is enacted to read:
4. Specific Provisions Relating to Cannabis, Cannabinoid Products, and Hemp
58-37-401
Effective
05/06/26
. Definitions.
Reserved.
Section 96. Section
58-37-402
, which is renumbered from Section 58-37-3.9 is renumbered
and amended to read:
58-37-3.9
58-37-402
Effective
05/06/26
. Exemption for possession or use of
cannabis to treat a qualifying illness -- Penalties.
(1)
As used in this section:
(a)
"Cannabis" means marijuana.
(b)
"Cannabis product" means the same as that term is defined in Section
26B-4-201
.
(c)
"Drug paraphernalia" means the same as that term is defined in Section
58-37a-3
76-18-301
.
(d)
"Medical cannabis cardholder" means the same as that term is defined in Section
26B-4-201
.
(e)
"Medical cannabis device" means the same as that term is defined in Section
26B-4-201
.
(f)
"Medicinal dosage form" means the same as that term is defined in Section
26B-4-201
.
(g)
"Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic
description as described in Subsection
58-37-4(2)(a)(iii)(AA)
58-37-108(2)(a)(iii)(AA)
.
(2)
Notwithstanding any other provision of law, except as otherwise provided in this section:
(a)
an individual is not guilty of a violation of this title
or Title 76, Chapter 18, Drug
Offenses,
for the following conduct if the individual engages in the conduct in
accordance with
Title 4, Chapter 41a, Cannabis Production Establishments and
Pharmacies
, or
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
:
(i)
possessing, ingesting, inhaling, producing, manufacturing, dispensing,
distributing, selling, or offering to sell cannabis or a cannabis product; or
(ii)
possessing cannabis or a cannabis product with the intent to engage in the
conduct described in Subsection
(2)(a)(i)
; and
(b)
an individual is not guilty of a violation of this title
or Title 76, Chapter 18, Drug
Offenses,
regarding drug paraphernalia if the individual, in accordance with
Title 4,
Chapter 41a, Cannabis Production Establishments and Pharmacies
, and
Title 26B,
Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
:
(i)
possesses, manufactures, distributes, sells, or offers to sell a medical cannabis
device; or
(ii)
possesses a medical cannabis device with the intent to engage in any of the
conduct described in Subsection
(2)(b)(i)
.
(3)
(a)
As used in this Subsection
(3)
, "smoking" does not include the vaporization or
heating of medical cannabis.
(b)
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
, does not
authorize a medical cannabis cardholder to smoke or combust cannabis or to use a
device to facilitate the smoking or combustion of cannabis.
(c)
A medical cannabis cardholder or a nonresident patient who smokes cannabis or
engages in any other conduct described in Subsection
(3)(b)
:
(i)
does not possess the cannabis in accordance with
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
; and
(ii)
is, for the use or possession of marijuana, tetrahydrocannabinol, or marijuana
drug paraphernalia for the conduct described in Subsection
(3)(b)
:
(A)
for the first offense, guilty of an infraction and subject to a fine of up to $100;
and
(B)
for a second or subsequent offense, subject to charges under this chapter
or
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances
.
(4)
An individual who is assessed a penalty or convicted of a crime under
Title 4, Chapter
41a, Cannabis Production Establishments and Pharmacies
, or
Title 26B, Chapter 4, Part
2, Cannabinoid Research and Medical Cannabis
, is not, based on the conduct underlying
that penalty or conviction, subject to a penalty described in this chapter
or Title 76,
Chapter 18, Part 2, Offenses Concerning Controlled Substances,
for:
(a)
the possession, manufacture, sale, or offer for sale of cannabis or a cannabis product;
or
(b)
the possession, manufacture, sale, or offer for sale of drug paraphernalia.
(5)
(a)
Nothing in this section prohibits a person, either within the state or outside the
state, from selling a medical cannabis device within the state.
(b)
A person is not required to hold a license under
Title 4, Chapter 41a, Cannabis
Production Establishments and Pharmacies
, or
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
, to qualify for the protections of this
section to sell a medical cannabis device.
(6)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
Section 97. Section
58-37-403
, which is renumbered from Section 58-37-3.6 is renumbered
and amended to read:
58-37-3.6
58-37-403
Effective
05/06/26
. Exemption for possession or
distribution of a cannabinoid product, expanded cannabinoid product, or transportable
industrial hemp concentrate.
(1)
As used in this section:
(a)
"Cannabinoid product" means a product intended for human ingestion that:
(i)
contains an extract or concentrate that is obtained from cannabis; and
(ii)
contains at least 10 units of cannabidiol for every one unit of
tetrahydrocannabinol.
(b)
"Cannabis" means any part of the plant cannabis sativa, whether growing or not.
(c)
"Expanded cannabinoid product" means a product intended for human ingestion that:
(i)
contains an extract or concentrate that is obtained from cannabis; and
(ii)
contains less than 10 units of cannabidiol for every one unit of
tetrahydrocannabinol.
(d)
"Transportable industrial hemp concentrate" means any amount of a natural
cannabinoid in a purified state that:
(i)
is the product of any chemical or physical process applied to naturally occurring
biomass that concentrates or isolates the cannabinoids contained in the biomass;
(ii)
is derived from a cannabis plant that, based on sampling that was collected no
more than 30 days before the day on which the cannabis plant was harvested,
contains a combined concentration of total THC and any THC analog of less than
0.3% on a dry weight basis; and
(iii)
has a THC and THC analog concentration total less than 20% when concentrated
from the cannabis plant to the purified state.
(e)
"Tetrahydrocannabinol" means a substance derived from cannabis that meets the
description in Subsection
58-37-4(2)(a)(iii)(AA)
58-37-108(2)(a)(iii)(AA)
.
(2)
Notwithstanding any other provision of this chapter
or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances,
an individual who possesses or distributes
a cannabinoid product or an expanded cannabinoid product is not subject to the penalties
described in this title
or Title 76, Chapter 18, Drug Offenses,
for the possession or
distribution of marijuana or tetrahydrocannabinol to the extent that the individual's
possession or distribution of the cannabinoid product or expanded cannabinoid product
complies with Section
26B-4-212
.
(3)
Notwithstanding any other provision of this chapter
or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances
, a person who possesses and distributes
transportable industrial hemp concentrate is not subject to the penalties described in this
chapter
or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances,
for
the possession or distribution of transportable industrial hemp concentrate if the
transportable industrial hemp concentrate is handled in accordance with the rules
established under Subsection
4-41-103.1(1)(e)
or is destroyed.
Section 98. Section
58-37-404
, which is renumbered from Section 58-37-3.7 is renumbered
and amended to read:
58-37-3.7
58-37-404
Effective
05/06/26
. Medical cannabis decriminalization.
(1)
As used in this section:
(a)
"Cannabis" means the same as that term is defined in Section
26B-4-201
.
(b)
"Cannabis product" means the same as that term is defined in Section
26B-4-201
.
(c)
"Legal dosage limit" means the same as that term is defined in Section
26B-4-201
.
(d)
"Medical cannabis card" means the same as that term is defined in Section
26B-4-201
.
(e)
"Medical cannabis device" means the same as that term is defined in Section
26B-4-201
.
(f)
"Medicinal dosage form" means the same as that term is defined in Section
26B-4-201
.
(g)
"Nonresident patient" means the same as that term is defined in Section
26B-4-201
.
(h)
"Qualifying condition" means the same as that term is defined in Section
26B-4-201
.
(i)
"Tetrahydrocannabinol" means the same as that term is defined in Section
58-37-3.9
58-37-402
.
(2)
Before July 1, 2021, including during the period between January 1, 2021, and March
17, 2021, an individual is not guilty under this chapter
or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances,
for the use or possession of marijuana,
tetrahydrocannabinol, or marijuana drug paraphernalia if:
(a)
at the time of the arrest or citation, the individual:
(i)
for possession, was a medical cannabis cardholder; or
(ii)
for use, was a medical cannabis patient cardholder or a minor with a provisional
patient card under the supervision of a medical cannabis guardian cardholder; and
(b)
(i)
for use or possession of marijuana or tetrahydrocannabinol, the marijuana or
tetrahydrocannabinol is one of the following in an amount that does not exceed
the legal dosage limit:
(A)
unprocessed cannabis in a medicinal dosage form; or
(B)
a cannabis product in a medicinal dosage form; and
(ii)
for use or possession of marijuana drug paraphernalia, the paraphernalia is a
medical cannabis device.
(3)
A nonresident patient is not guilty under this chapter
or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances,
for the use or possession of marijuana,
tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter
or Title 76,
Chapter 18, Part 2, Offenses Concerning Controlled Substances,
if:
(a)
for use or possession of marijuana or tetrahydrocannabinol, the marijuana or
tetrahydrocannabinol is one of the following in an amount that does not exceed the
legal dosage limit:
(i)
unprocessed cannabis in a medicinal dosage form; or
(ii)
a cannabis product in a medicinal dosage form; and
(b)
for use or possession of marijuana drug paraphernalia, the paraphernalia is a medical
cannabis device.
(4)
(a)
There is a rebuttable presumption against an allegation of use or possession of
marijuana or tetrahydrocannabinol if:
(i)
an individual fails a drug test based on the presence of tetrahydrocannabinol in the
sample; and
(ii)
the individual provides evidence that the individual possessed or used cannabidiol
or a cannabidiol product.
(b)
The presumption described in Subsection
(4)(a)
may be rebutted with evidence that
the individual purchased or possessed marijuana or tetrahydrocannabinol that is not
authorized under:
(i)
Section
4-41-402
; or
(ii)
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
.
(5)
(a)
An individual is not guilty under this chapter
or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances,
for the use or possession of marijuana
drug paraphernalia if the drug paraphernalia is a medical cannabis device.
(b)
Nothing in this section prohibits a person, either within the state or outside the state,
from selling a medical cannabis device within the state.
(c)
A person is not required to hold a license under
Title 4, Chapter 41a, Cannabis
Production Establishments and Pharmacies
, or
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
, to qualify for the protections of this
section to sell a medical cannabis device.
Section 99. Section
58-37-405
, which is renumbered from Section 58-37-3.8 is renumbered
and amended to read:
58-37-3.8
58-37-405
Effective
05/06/26
. Enforcement.
(1)
A law enforcement officer, as that term is defined in Section
53-13-103
, except for an
officially designated drug enforcement task force regarding conduct that is not in
accordance with
Title 4, Chapter 41a, Cannabis Production Establishments and
Pharmacies
, or
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
, may not expend any state or local resources, including the
law enforcement
officer's time, to:
(a)
effect any arrest or seizure of cannabis, as that term is defined in Section
26B-4-201
,
or conduct any investigation, on the sole basis of activity the
law enforcement
officer
believes to constitute a violation of federal law if the
law enforcement
officer has
reason to believe that the activity is in compliance with the state medical cannabis
laws;
(b)
enforce a law that restricts an individual's right to acquire, own, or possess a firearm
based solely on the individual's possession or use of cannabis in accordance with
state medical cannabis laws; or
(c)
provide any information or logistical support related to an activity described in
Subsection
(1)(a)
to any federal law enforcement authority or prosecuting entity.
(2)
An agency or political subdivision of the state may not take an adverse action against a
person for providing a professional service to a medical cannabis pharmacy, as that term
is defined in Section
28B-4-201
, the state central patient portal, as that term is defined in
Section
26B-4-201
, or a cannabis production establishment, as that term is defined in
Section
4-41a-102
, on the sole basis that the service is a violation of federal law.
Section 100. Section
58-37c-101
, which is renumbered from Section 58-37c-3 is renumbered
and amended to read:
37c. Controlled Substance Precursors
1. General Provisions
58-37c-3
58-37c-101
Effective
05/06/26
. Definitions.
In addition to the definitions in Section
58-1-102
, as used in this chapter:
(1)
"Controlled substance precursor" includes a chemical reagent and means any of the
following:
(a)
Phenyl-2-propanone;
(b)
Methylamine;
(c)
Ethylamine;
(d)
D-lysergic acid;
(e)
Ergotamine and its salts;
(f)
Diethyl malonate;
(g)
Malonic acid;
(h)
Ethyl malonate;
(i)
Barbituric acid;
(j)
Piperidine and its salts;
(k)
N-acetylanthranilic acid and its salts;
(l)
Pyrrolidine;
(m)
Phenylacetic acid and its salts;
(n)
Anthranilic acid and its salts;
(o)
Morpholine;
(p)
Ephedrine;
(q)
Pseudoephedrine;
(r)
Norpseudoephedrine;
(s)
Phenylpropanolamine;
(t)
Benzyl cyanide;
(u)
Ergonovine and its salts;
(v)
3,4-Methylenedioxyphenyl-2-propanone;
(w)
propionic anhydride;
(x)
Insosafrole;
(y)
Safrole;
(z)
Piperonal;
(aa)
N-Methylephedrine;
(bb)
N-ethylephedrine;
(cc)
N-methylpseudoephedrine;
(dd)
N-ethylpseudoephedrine;
(ee)
Hydriotic acid;
(ff)
gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone,
tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not
including gamma aminobutric acid (GABA);
(gg)
1,4 butanediol;
(hh)
any salt, isomer, or salt of an isomer of the chemicals listed in Subsections
(1)(a)
through
(gg)
;
(ii)
Crystal iodine;
(jj)
Iodine at concentrations greater than 1.5% by weight in a solution or matrix;
(kk)
Red phosphorous, except as provided in Section
58-37c-19.7
58-37c-205
;
(ll)
anhydrous ammonia, except as provided in Section
58-37c-19.9
58-37c-206
;
(mm)
any controlled substance precursor listed under the provisions of the Federal
Controlled Substances Act which is designated by the director under the emergency
listing provisions set forth in Section
58-37c-14
58-37c-110
; and
(nn)
any chemical which is designated by the director under the emergency listing
provisions set forth in Section
58-37c-14
58-37c-110
.
(2)
"Deliver," "delivery," "transfer," or "furnish" means the actual, constructive, or
attempted transfer of a controlled substance precursor.
(3)
"Matrix" means something, as a substance, in which something else originates,
develops, or is contained.
(4)
"Person" means
any
an
individual, group of individuals, proprietorship, partnership,
joint venture, corporation, or organization of any type or kind.
(5)
"Practitioner" means a physician, physician assistant, dentist, podiatric physician,
veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical
manufacturer, or other person licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to, administer, or use in teaching or chemical
analysis
,
a controlled substance in the course of professional practice or research in this
state.
(6)
(a)
"Regulated distributor" means a person within the state who provides, sells,
furnishes, transfers, or otherwise supplies a listed controlled substance precursor
chemical in a regulated transaction.
(b)
"Regulated distributor" does not include
any
a
person excluded from regulation
under this chapter.
(7)
(a)
"Regulated purchaser" means
any
a
person within the state who receives a listed
controlled substance precursor chemical in a regulated transaction.
(b)
"Regulated purchaser" does not include
any
a
person excluded from regulation
under this chapter.
(8)
"Regulated transaction" means
any
an
actual, constructive
,
or attempted:
(a)
transfer, distribution, delivery, or furnishing by a person within the state to another
person within or outside of the state of a threshold amount of a listed precursor
chemical; or
(b)
purchase or acquisition by any means by a person within the state from another
person within or outside the state of a threshold amount of a listed precursor chemical.
(9)
"Retail distributor" means a grocery store, general merchandise store, drug store, or
other entity or person whose activities as a distributor are limited almost exclusively to
sales for personal use:
(a)
in both number of sales and volume of sales; and
(b)
either directly to walk-in customers or in face-to-face transactions by direct sales.
(10)
"Threshold amount of a listed precursor chemical" means any amount of a controlled
substance precursor or a specified amount of a controlled substance precursor in a
matrix; however, the division may exempt from the provisions of this chapter a specific
controlled substance precursor in a specific amount and in certain types of transactions
,
which provisions for exemption shall be defined by the division by rule adopted
pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(11)
"Unlawful conduct" as defined in Section
58-1-501
includes knowingly and
intentionally:
(a)
engaging in a regulated transaction without first being appropriately licensed or
exempted from licensure under this chapter;
(b)
acting as a regulated distributor and selling, transferring, or in any other way
conveying a controlled substance precursor to a person within the state who is not
appropriately licensed or exempted from licensure as a regulated purchaser, or
selling, transferring, or otherwise conveying a controlled substance precursor to a
person outside of the state and failing to report the transaction as required;
(c)
acting as a regulated purchaser and purchasing or in any other way obtaining a
controlled substance precursor from a person within the state who is not a licensed
regulated distributor, or purchasing or otherwise obtaining a controlled substance
precursor from a person outside of the state and failing to report the transaction as
required;
(d)
engaging in a regulated transaction and failing to submit reports and keep required
records of inventories required under the provisions of this chapter or rules adopted
pursuant to this chapter;
(e)
making any false statement in any application for license, in any record to be kept, or
on any report submitted as required under this chapter;
(f)
with the intent of causing the evasion of the recordkeeping or reporting requirements
of this chapter and rules related to this chapter, receiving or distributing any listed
controlled substance precursor chemical in any manner designed so that the making
of records or filing of reports required under this chapter is not required;
(g)
failing to take immediate steps to comply with licensure, reporting, or recordkeeping
requirements of this chapter because of lack of knowledge of those requirements,
upon becoming informed of the requirements;
(h)
presenting false or fraudulent identification where or when receiving or purchasing a
listed controlled substance precursor chemical;
(i)
creating a chemical mixture for the purpose of evading any licensure, reporting or
recordkeeping requirement of this chapter or rules related to this chapter, or receiving
a chemical mixture created for that purpose;
(j)
if the
person
individual
is at least 18 years
of age
old
, employing, hiring, using,
persuading, inducing, enticing, or coercing another
person
individual
under 18 years
of age
old
to violate any provision of this chapter, or assisting in avoiding detection
or apprehension for any violation of this chapter by any federal, state, or local law
enforcement official; and
(k)
obtaining or attempting to obtain or to possess any controlled substance precursor or
any combination of controlled substance precursors knowing or having a reasonable
cause to believe that the controlled substance precursor is intended to be used in the
unlawful manufacture of any controlled substance.
(12)
"Unprofessional conduct" as defined in Section
58-1-102
and as may be further
defined by rule includes the following:
(a)
violation of any provision of this chapter, the Controlled Substance Act of this state
or any other state, or the
Federal
federal
Controlled Substance Act; and
(b)
refusing to allow agents or representatives of the division or authorized law
enforcement personnel to inspect inventories or controlled substance precursors or
records or reports relating to purchases and sales or distribution of controlled
substance precursors as such records and reports are required under this chapter.
Section 101. Section
58-37c-102
, which is renumbered from Section 58-37c-5 is renumbered
and amended to read:
58-37c-5
58-37c-102
Effective
05/06/26
. Responsibility of Department of
Commerce -- Delegation to the Division of Professional Licensing -- Rulemaking
authority of the division.
(1)
Responsibility
The Department of Commerce is responsible
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.
Section 102. Section
58-37c-103
, which is renumbered from Section 58-37c-6 is renumbered
and amended to read:
58-37c-6
58-37c-103
Effective
05/06/26
. Division duties.
(1)
The division
shall be
is
responsible for the licensing and reporting provisions of
this chapter
.
(2)
and those duties shall
The duties described in Subsection
(1)
include:
(1)
(a)
providing for a system of licensure of regulated distributors and regulated
purchasers;
(2)
(b)
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)
(c)
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)
(d)
presenting evidence obtained from
investigations
an investigation
conducted by
an
appropriate county
attorneys
attorney
and the Office of the Attorney General for
civil or criminal prosecution or for administrative action against a licensee;
(5)
(e)
conducting hearings for the purpose of revoking, suspending, placing on
probation, or imposing other appropriate administrative action against the license of
a
regulated
distributors
distributor
or regulated
purchasers
purchaser
in accordance
with the provisions of
Title 58, Chapter 1, Division of Professional Licensing Act
,
and
Title 63G, Chapter 4, Administrative Procedures Act
;
(6)
(f)
assisting all other law enforcement agencies of the state in enforcing all laws
regarding controlled substance precursors;
(7)
(g)
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)
(h)
performing all other functions necessary to fulfill division duties and
responsibilities as outlined under this chapter or rules adopted pursuant to this
chapter.
Section 103. Section
58-37c-104
, which is renumbered from Section 58-37c-7 is renumbered
and amended to read:
58-37c-7
58-37c-104
Effective
05/06/26
. 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.
Section 104. Section
58-37c-105
, which is renumbered from Section 58-37c-8 is renumbered
and amended to read:
58-37c-8
58-37c-105
Effective
05/06/26
. 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
58-37c-104
, 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
58-37c-208
.
(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
58-37c-202
.
(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)
58-37c-101(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.
Section 105. Section
58-37c-106
, which is renumbered from Section 58-37c-9 is renumbered
and amended to read:
58-37c-9
58-37c-106
Effective
05/06/26
. Term of license -- Expiration --
Renewal.
(1)
(a)
Each license issued under this chapter shall be issued in accordance with a
two-year renewal cycle established by rule.
(b)
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
.
Section 106. Section
58-37c-107
, which is renumbered from Section 58-37c-10 is renumbered
and amended to read:
58-37c-10
58-37c-107
Effective
05/06/26
. Reporting and recordkeeping --
Penalty.
(1)
Any person who engages in a regulated transaction, unless excepted under the
provisions of Subsections
58-37c-8(3)
and
(4)
58-37c-105(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
that
shall be maintained and reports
which
that
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
that
shall be maintained and reports
which
that
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
before
transfer of the listed controlled
substance precursor;
(c)
identification
which
that
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
that
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
that
must be taken by a regulated distributor relating to a
regulated transaction with an out-of-state purchaser;
(g)
reports and actions
which
that
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)
.
(6)
Any person who is a regulated distributor or a regulated purchaser who acts in violation
of the provisions of this section, in addition to any criminal penalties, shall be subject to
a civil penalty of not more than $25,000 for each offense.
Section 107. Section
58-37c-108
, which is renumbered from Section 58-37c-12 is renumbered
and amended to read:
58-37c-12
58-37c-108
Effective
05/06/26
. 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
.
Section 108. Section
58-37c-109
, which is renumbered from Section 58-37c-13 is renumbered
and amended to read:
58-37c-13
58-37c-109
Effective
05/06/26
. License does not authorize
possession of controlled substances.
Nothing in the provisions of this chapter shall authorize
persons
a person
not licensed
under provisions of
Title 58, Chapter 37, Utah Controlled Substances Act
,
Chapter 37,
Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances,
to distribute, possess, dispense, administer, or otherwise deal in controlled
substances as defined in
the Utah Controlled Substance Act
Chapter 37, Controlled
Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances
.
Section 109. Section
58-37c-110
, which is renumbered from Section 58-37c-14 is renumbered
and amended to read:
58-37c-14
58-37c-110
Effective
05/06/26
. 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)
(a)
Such listing
A listing of a chemical described in Subsection
(1)
shall have effect
until the close of the next immediately succeeding regular session of the Legislature.
(b)
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.
Section 110. Section
58-37c-111
, which is renumbered from Section 58-37c-15 is renumbered
and amended to read:
58-37c-15
58-37c-111
Effective
05/06/26
. 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
that
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.
Section 111. Section
58-37c-112
, which is renumbered from Section 58-37c-17 is renumbered
and amended to read:
58-37c-17
58-37c-112
Effective
05/06/26
. Inspection authority.
For the purpose of inspecting, copying, and auditing records and reports required under
this chapter and rules adopted
pursuant thereto
under this chapter
, and for the purpose of
inspecting and auditing inventories of listed controlled substance precursors, the director, or
his
the director's
authorized agent, and law enforcement personnel of any federal, state, or
local law enforcement agency
is
, are
authorized to enter the premises of
a
regulated
distributors and
distributor or
regulated
purchasers
purchaser
during normal business hours to
conduct
an
administrative
inspections
inspection
.
Section 112. Section
58-37c-113
, which is renumbered from Section 58-37c-21 is renumbered
and amended to read:
58-37c-21
58-37c-113
Effective
05/06/26
. 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)
(a)
The division has authority to enforce this chapter.
(b)
To carry out
this purpose
enforcement of this chapter
, the division may:
(a)
(i)
inspect, copy, and audit records, inventories of controlled substance
precursors, and reports required under this chapter and rules adopted under this
chapter;
(b)
(ii)
enter the premises of regulated distributors and regulated purchasers during
normal business hours to conduct administrative inspections;
(c)
(iii)
assist the law enforcement agencies of the state in enforcing this chapter;
(d)
(iv)
conduct investigations to enforce this chapter;
(e)
(v)
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)
(vi)
work in cooperation with the Division of Professional Licensing, created
under Section
58-1-103
, to accomplish the purposes of this section.
Section 113. Section
58-37c-114
, which is renumbered from Section 58-37c-11 is renumbered
and amended to read:
58-37c-11
58-37c-114
Effective
05/06/26
. Penalty for unlawful conduct.
(1)
A person who violates the
A violation of an
unlawful conduct provision defined in
Subsections
58-37c-3(11)(a)
through
(j)
58-37c-101(11)(a)
through
(j)
is
guilty of
a
class A misdemeanor.
(2)
A person who violates
A violation of
the unlawful conduct
provisions
provision
defined in Subsection
58-37c-3(11)(k)
58-37c-101(11)(k)
is
guilty of
a second degree
felony.
Section 114. Section
58-37c-201
is enacted to read:
2. Provisions Concerning Specific Precursors
58-37c-201
Effective
05/06/26
. Definitions.
Reserved.
Section 115. Section
58-37c-202
, which is renumbered from Section 58-37c-18 is renumbered
and amended to read:
58-37c-18
58-37c-202
Effective
05/06/26
. Recordkeeping requirements for
sale of crystal iodine -- Penalty.
(1)
Any
A
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
58-37c-107
;
(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.
Section 116. Section
58-37c-203
, which is renumbered from Section 58-37c-19 is renumbered
and amended to read:
58-37c-19
58-37c-203
Effective
05/06/26
. Possession or sale of crystal iodine --
Penalty.
(1)
A person licensed to engage in a regulated transaction is guilty of a class B
misdemeanor
who
if
, under circumstances not amounting to a violation of Subsection
58-37d-4(1)(c)
76-18-506(2)(c)
,
the person
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
if
, under circumstances not
amounting to a violation of Subsection
58-37c-3(11)(k)
58-37c-101(11)(k)
or
Subsection
58-37d-4(1)(a)
76-18-506(2)(a)
, the person
:
(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.
Section 117. Section
58-37c-204
, which is renumbered from Section 58-37c-19.5 is renumbered
and amended to read:
58-37c-19.5
58-37c-204
Effective
05/06/26
. 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)
76-18-506(2)(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
if
, under circumstances not
amounting to a violation of Subsection
58-37c-3(11)(k)
or
58-37d-4(1)(a)
58-37c-101(11)(k)
or
76-18-506(2)(a)
, the person
:
(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.
Section 118. Section
58-37c-205
, which is renumbered from Section 58-37c-19.7 is renumbered
and amended to read:
58-37c-19.7
58-37c-205
Effective
05/06/26
. Red phosphorus is a precursor --
Penalty -- 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
is guilty of a class A
misdemeanor if
, under circumstances not amounting to a violation of Subsection
58-37c-3(11)(k)
or
58-37d-4(1)(a)
58-37c-101(11)(k)
or
76-18-506(2)(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)
(i)
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.
(ii)
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
described in Subsection
(3)(a)(i)
shall include the specifics of the
affirmative defense.
(c)
(i)
The defendant shall establish the affirmative defense by a preponderance of the
evidence.
(ii)
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.
Section 119. Section
58-37c-206
, which is renumbered from Section 58-37c-19.9 is renumbered
and amended to read:
58-37c-19.9
58-37c-206
Effective
05/06/26
. Anhydrous ammonia is a
precursor -- Penalty -- 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)
58-37c-101(11)(k)
or
76-18-506(2)(a)
, is guilty of a class A misdemeanor
.
(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
the
lawful business enterprise's
business activities.
Section 120. Section
58-37c-207
, which is renumbered from Section 58-37c-20 is renumbered
and amended to read:
58-37c-20
58-37c-207
Effective
05/06/26
. Possession of ephedrine,
pseudoephedrine, or phenylpropanolamine -- Penalties -- Affirmative defense.
(1)
A person is guilty of a class A misdemeanor
if the person
:
(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)
58-37c-101(11)(k)
or
76-18-506(2)(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
58-37-101
.
(3)
(a)
(i)
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.
(ii)
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
described in Subsection
(3)(a)(i)
shall include the specifics of the asserted
defense.
(c)
(i)
The defendant shall establish the affirmative defense by a preponderance of the
evidence.
(ii)
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.
Section 121. Section
58-37c-208
, which is renumbered from Section 58-37c-20.5 is renumbered
and amended to read:
58-37c-20.5
58-37c-208
Effective
05/06/26
. Pseudoephedrine products --
Limitations on retail sale -- Penalty.
(1)
As used in this section:
(a)
"Mobile retail vendor" means a person or entity that sells product at retail from a
stand that is intended to be temporary, or that is capable of being moved from one
location to another, whether the stand is located within or on the premises of a fixed
facility or is located on unimproved real estate
; and
.
(b)
"Product" means any product, mixture, or preparation, or any combination of
products that contain ephedrine, pseudoephedrine, or phenylpropanolamine, their
salts or isomers, or salts of optical isomers, or a combination of any of these
substances.
(2)
A retail distributor or a mobile retail vendor may not distribute or sell any product that
exceeds the threshold amount of 3.6 grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, or any combination of these, regardless of the number of
transactions, during any 24-hour period.
(3)
A mobile retail vendor may not distribute or sell any product that exceeds the threshold
amount of 7.5 grams of ephedrine, pseudoephedrine, or phenylpropanolamine,
regardless of the number of transactions, during any 30-day period.
(4)
A retail distributor or a mobile retail vendor may not distribute or sell any product,
unless the retail distributor or mobile retail vendor:
(a)
stores the product in an area not accessible to customers
prior to
before
the sale,
which area may include a locked cabinet to display the product in an area accessible
to customers, if the locked cabinet may be opened only by the retail distributor or
mobile retail vendor or
its
the
employees
of the retail distributor or mobile retail
vendor
;
(b)
stores all nonliquid scheduled listed chemical products in packaging containing
blister packs, with each blister containing no more than two dosage units;
(c)
requires the purchaser of the product to provide photo identification issued by a
governmental agency and that includes the purchaser's date of birth;
(d)
maintains a written or electronic log under Subsection
(5)
of the sales made under
this section; and
(e)
provides a notice concerning federal penalties for making false statements or
misrepresentations, as provided in Subsection
(5)(d)
.
(5)
(a)
Each retail distributor or mobile retail vendor shall maintain an electronic or
written log that contains the following information regarding each person to whom
product is distributed or sold under this section.
(b)
The log
described in Subsection
(5)(a)
shall include:
(a)
(i)
the following information, provided or written in the log by the purchaser:
(i)
(A)
the purchaser's name, address, and date of birth, as demonstrated by a
form of personal identification issued by the state or the federal government
and that provides an identifying photograph of the person;
(ii)
(B)
the date and time of the transaction; and
(iii)
(C)
the purchaser's signature; and
(b)
(ii)
the following information verified or written in by the retail distributor or the
mobile retail vendor:
(i)
(A)
verification of the identity of the purchaser as indicated by the form of
identification presented by the purchaser;
(ii)
(B)
verification that the date and time of the transaction as entered in the log
is correct; and
(iii)
(C)
entry of the brand name and the quantity of the product sold in the
transaction.
(c)
The retail distributor or the mobile retail vendor shall maintain the information
required to be recorded in a log under Subsections
(5)(a)
and
(b)
for not less than two
years from the most recent date contained in the log.
(d)
In addition to the log information required under this Subsection
(5)
, the log, or a
prominently displayed sign, shall contain the following statement verbatim which shall be
visible to purchasers of product:
"WARNING: Section 1001 of Title 18, United States Code, states that whoever, with
respect to the information to be provided in this log, knowingly and willfully falsifies,
conceals, or covers up by any trick, scheme, or device a material fact, or makes any materially
false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or
document, knowing the same to contain any materially false, fictitious, or fraudulent statement
or entry, shall be fined not more than $250,000 if an individual or $500,000 if an organization,
imprisoned for not more than five years, or both."
(6)
(a)
A person may not knowingly and intentionally use, release, publish, or otherwise
make available to any person or entity any information in or obtained from a log
maintained by a retail distributor or a mobile retail vendor under this section for any
purpose other than those specified in Subsection
(6)(b)
.
(b)
The retail distributor or
its
the retail distributor's
designee shall make information in
the log available only to:
(i)
federal, state, and local law enforcement authorities engaged as a duty of their
employment in enforcing laws regulating controlled substances; and
(ii)
an individual:
(A)
whose request is for records in the log of that individual's purchase or receipt
of product; and
(B)
who has provided evidence satisfactory to the retail distributor that the
individual is in fact the person regarding whom the requested log entry is made.
(c)
Any person who knowingly and intentionally releases or modifies any information in
the log in violation of this Subsection
(6)
is guilty of a class B misdemeanor.
(7)
(a)
A person may not purchase product that exceeds the threshold amount of 3.6
grams of ephedrine, pseudoephedrine, or phenylpropanolamine, or any combination
of these, regardless of the number of transactions, during any 24-hour period.
(b)
A person may not purchase product that exceeds the threshold amount of 9 grams of
ephedrine, pseudoephedrine, or phenylpropanolamine, or any combination of these,
regardless of the number of transactions, during any 30-day period.
(c)
A violation of this Subsection
(7)
is a class B misdemeanor.
(8)
This section does not apply to any quantity of product possessed by:
(a)
a physician, pharmacist, veterinarian, retail distributor, wholesaler, manufacturer,
warehouseman, or common carrier, or any agent of these persons, who possess the
product in the regular course of lawful business activities; or
(b)
a person who possesses the product pursuant to a valid prescription as defined in
Section
58-37-2
58-37-101
.
(9)
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.
(10)
This section does not apply to an individual sales transaction in which the purchaser
purchases a single package containing no more than 60 mg of pseudoephedrine.
(11)
(a)
A violation of this section is a class B misdemeanor, and a second or subsequent
violation of this section is a class A misdemeanor.
(b)
For purposes of this section, a plea of guilty or no contest to a violation of this
section
which
that
is held in abeyance under
Title 77, Chapter 2a, Pleas in Abeyance
,
is the equivalent of a conviction for a violation of this section, even if the charge has
been subsequently reduced or dismissed in accordance with a plea in abeyance
agreement.
(c)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
Section 122. Section
58-37e-101
, which is renumbered from Section 58-37e-2 is renumbered
and amended to read:
37e. Drug Dealer Liability
58-37e-2
58-37e-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Illegal drug" means a drug or controlled substance whose distribution is a violation of
state law.
(2)
"Illegal drug market" means the support system of illegal drug-related operations, from
production to retail sales, through which an illegal drug reaches the user.
(3)
"Illegal drug market target community" is the area described in Section
58-37e-7
58-37e-106
.
(4)
"Individual drug user" means the individual whose illegal drug use is the basis of an
action brought under this chapter.
(5)
"Level 1 offense" means
:
(a)
possession of 16 ounces or more
or distribution of four ounces or more
of a mixture
containing a specified illegal drug
;
(b)
distribution of four ounces or more of a mixture containing a specified illegal drug;
(c)
or
possession of 16 pounds or more
,
or 100 plants or more
, of marijuana;
or
(d)
distribution of 10 pounds or more of marijuana.
(6)
"Level 2 offense" means
:
(a)
possession of eight ounces or more, but less than 16 ounces,
or distribution of two
ounces or more, but less than four ounces,
of a mixture containing a specified illegal
drug
;
(b)
or
distribution of two ounces or more, but less than four ounces, of a mixture
containing a specified illegal drug;
(c)
possession of eight pounds or more
,
or 75 plants or more, but less than 16 pounds or
100 plants,
of marijuana;
or
(d)
distribution of more than five pounds, but less than 10 pounds
,
of marijuana.
(7)
"Level 3 offense" means
:
(a)
possession of four ounces or more, but less than eight ounces,
or distribution of one
ounce or more, but less than two ounces,
of a mixture containing a specified illegal
drug
or
;
(b)
distribution of one ounce or more, but less than two ounces, of a mixture containing
a specified illegal drug;
(c)
possession of four pounds or more
,
or 50 plants or more, but less than eight pounds
or 75 plants,
of marijuana;
or
(d)
distribution of more than one pound, but less than five pounds of marijuana.
(8)
"Level 4 offense" means
:
(a)
possession of 1/4 ounce or more, but less than four ounces,
or distribution of less
than one ounce
of a mixture containing a specified illegal drug
or
;
(b)
distribution of less than one ounce of a mixture containing a specified illegal drug;
(c)
possession of one pound or more
,
or 25 plants or more, but less than four pounds or
50 plants,
of marijuana;
or
(d)
distribution of less than one pound of marijuana.
(9)
(a)
"Participate in the illegal drug market" means to distribute, possess with an intent
to distribute, commit an act intended to facilitate the marketing or distribution of, or
agree to distribute, possess with an intent to distribute, or commit an act intended to
facilitate the marketing and distribution of an illegal drug.
(b)
"Participate in the illegal drug market" does not include the purchase or receipt of an
illegal drug for personal use only.
(10)
(a)
"Period of illegal drug use" means, in relation to the individual drug user, the
time of the individual's first use of an illegal drug to the accrual of the cause of the
action.
(b)
The period of illegal drug use is presumed to commence two years before the cause
of action accrues unless the defendant proves otherwise by clear and convincing
evidence.
(11)
"Person" means an individual, governmental entity, corporation, firm, trust,
partnership, or incorporated or unincorporated association, existing under or authorized
by the laws of this state, another state, or foreign country.
(12)
"Place of illegal drug activity" means, in relation to the individual drug user, each
county in which the individual possesses or uses an illegal drug or in which the
individual resides, attends school, or is employed during the period of the individual's
illegal drug use, unless the defendant proves otherwise by clear and convincing evidence.
(13)
"Place of participation" means, in relation to a defendant in an action brought under
this chapter, each county in which the person participates in the illegal drug market or in
which the person resides, attends school, or is employed during the period of the
person's participation in the illegal drug market.
(14)
"Specified illegal drug" means cocaine, heroin, or methamphetamine and any other
controlled substance
,
the distribution of which is a violation of state law.
Section 123. Section
58-37e-102
, which is renumbered from Section 58-37e-3 is renumbered
and amended to read:
58-37e-3
58-37e-102
Effective
05/06/26
. Liability for participation in the
illegal drug market -- Exemption.
(1)
(a)
A person who knowingly participates in the illegal drug market within this state is
liable for civil damages as provided in this chapter.
(b)
A person may recover damages under this chapter for injury resulting from an
individual's use of an illegal drug.
(2)
A law enforcement officer or agency, the state, or a person acting at the direction of a
law enforcement officer or agency or the state
,
is not liable for participating in the illegal
drug market, if the participation is in furtherance of an official investigation.
Section 124. Section
58-37e-103
, which is renumbered from Section 58-37e-4 is renumbered
and amended to read:
58-37e-4
58-37e-103
Effective
05/06/26
. Recovery of damages.
(1)
One or more of the following persons may bring an action for damages caused by an
individual's use of an illegal drug:
(a)
a parent, legal guardian, child, spouse, or sibling of the individual drug user;
(b)
an individual who was exposed to an illegal drug in utero;
(c)
an employer of the individual drug user;
(d)
a medical facility, insurer, governmental entity, employer, or other entity that funds a
drug treatment program or employee assistance program for the individual drug user
or that otherwise expended money on behalf of the individual drug user; or
(e)
a person injured as a result of the willful, reckless, or negligent actions of an
individual drug user.
(2)
A person entitled to bring an action under this section may seek damages from one or
more of the following:
(a)
a person who knowingly distributed, or knowingly participated in the chain of
distribution of, an illegal drug that was actually used by the individual drug user;
and
(b)
a person who knowingly participated in the illegal drug market if:
(i)
the place of illegal drug activity by the individual drug user is within the illegal
drug market target community of the defendant;
(ii)
the defendant's participation in the illegal drug market was connected with the
same type of illegal drug used by the individual drug user; and
(iii)
the defendant participated in the illegal drug market at any time during the
individual drug user's period of illegal drug use.
(3)
A person entitled to bring an action under this section may recover all of the following
damages:
(a)
economic damages, including the cost of treatment and rehabilitation, medical
expenses, loss of economic or educational potential, loss of productivity,
absenteeism, support expenses, accidents or injury, and any other pecuniary loss
proximately caused by the illegal drug use;
(b)
noneconomic damages, including physical and emotional pain, suffering, physical
impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment,
loss of companionship, services and consortium, and other nonpecuniary losses
proximately caused by an individual's use of an illegal drug;
(c)
exemplary damages;
(d)
reasonable
attorney's
attorney
fees; and
(e)
costs of suit, including reasonable expenses for expert testimony.
Section 125. Section
58-37e-104
, which is renumbered from Section 58-37e-5 is renumbered
and amended to read:
58-37e-5
58-37e-104
Effective
05/06/26
. Limited recovery of damages by
individual drug user.
(1)
(a)
An individual drug user may not bring an action for damages caused by the use of
an illegal drug, except as otherwise provided in this section.
(b)
An individual drug user may bring an action for damages caused by the use of an
illegal drug only if all of the following conditions are met:
(a)
(i)
the individual personally discloses to narcotics enforcement authorities, more
than six months before filing the action, all of the information known to the
individual regarding all that individual's sources of illegal drugs;
(b)
(ii)
the individual has not used an illegal drug within the six months before filing
the action; and
(c)
(iii)
the individual continues to remain free of the use of an illegal drug
throughout the pendency of the action.
(2)
A person
An individual
entitled to bring an action under this section may seek damages
only from a person who distributed, or is in the chain of distribution of, an illegal drug
that was actually used by the individual drug user.
(3)
A person
An individual
entitled to bring an action under this section may recover only
the following damages:
(a)
economic damages, including the cost of treatment, rehabilitation, and medical
expenses, loss of economic or educational potential, loss of productivity,
absenteeism, accidents or injury, and any other pecuniary loss proximately caused by
the
person's
individual's
illegal drug use;
(b)
reasonable attorney's fees; and
(c)
costs of suit, including reasonable expenses for expert testimony.
Section 126. Section
58-37e-105
, which is renumbered from Section 58-37e-6 is renumbered
and amended to read:
58-37e-6
58-37e-105
Effective
05/06/26
. Third party cases.
A third party may not pay damages awarded under this chapter, or provide a defense or
money for a defense, on behalf of an insured under a contract of insurance or indemnification.
Section 127. Section
58-37e-106
, which is renumbered from Section 58-37e-7 is renumbered
and amended to read:
58-37e-7
58-37e-106
Effective
05/06/26
. Illegal drug market target community.
A person whose participation in the illegal drug market constitutes the following level
offense shall be considered to have the following illegal drug market target community:
(1)
Level 4: the county in which the defendant's place of participation is situated;
(2)
Level 3: the target community described in Subsection
(1)
plus all counties with a
border contiguous to that target community;
(3)
Level 2: the target community described in Subsection
(2)
plus all counties with a
border contiguous to that target community;
(4)
Level 1: the state.
Section 128. Section
58-37e-107
, which is renumbered from Section 58-37e-8 is renumbered
and amended to read:
58-37e-8
58-37e-107
Effective
05/06/26
. Joinder of parties.
(1)
Two or more persons may join in one action under this chapter as plaintiffs if their
respective actions have at least one place of illegal drug activity in common and if any
portion of the period of illegal drug use overlaps with the period of illegal drug use for
every other plaintiff.
(2)
Two or more persons may be joined in one action under this chapter as defendants if
those persons are liable to at least one plaintiff.
(3)
(a)
A plaintiff need not be interested in obtaining
,
and a defendant need not be
interested in defending
,
against all the relief demanded.
(b)
Judgment may be given for one or more plaintiffs according to their respective rights
to relief and against one or more defendants according to their respective liabilities.
Section 129. Section
58-37e-108
, which is renumbered from Section 58-37e-9 is renumbered
and amended to read:
58-37e-9
58-37e-108
Effective
05/06/26
. Comparative responsibility.
(1)
(a)
An action by an individual drug user is governed by the principles of comparative
responsibility.
(b)
Comparative responsibility attributed to the plaintiff does not bar recovery but
diminishes the award of compensatory damages proportionally, according to the
measure of responsibility attributed to the plaintiff.
(2)
The burden of proving the comparative responsibility of the plaintiff is on the
defendant, which shall be shown by clear and convincing evidence.
(3)
Comparative responsibility may not be applied in an action brought by a third party who
was not an individual drug user.
Section 130. Section
58-37e-109
, which is renumbered from Section 58-37e-10 is renumbered
and amended to read:
58-37e-10
58-37e-109
Effective
05/06/26
. Contribution among and recovery
from multiple defendants.
(1)
A person subject to liability under this chapter has a right of action for contribution
against another person subject to liability under this chapter.
(2)
Contribution may be enforced either in the original action or by a separate action
brought for that purpose.
(3)
A plaintiff may seek recovery in accordance with this chapter and existing law against a
person whom a defendant has asserted a right of contribution.
Section 131. Section
58-37e-110
, which is renumbered from Section 58-37e-11 is renumbered
and amended to read:
58-37e-11
58-37e-110
Effective
05/06/26
. Standard of proof -- Effect of
criminal drug conviction.
(1)
(a)
Proof of participation in the illegal drug market in an action brought under this
chapter shall be shown by clear and convincing evidence.
(b)
Except as otherwise provided in this chapter, other elements of the cause of action
shall be shown by a preponderance of the evidence.
(2)
(a)
A person against whom recovery is sought who has a criminal conviction pursuant
to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of
1970, Pub. L. 91-513, 84 Stat. 1236, codified at 21 U.S.C. Sec. 801 et seq., is
estopped from denying participation in the illegal drug market.
(b)
A conviction is also prima facie evidence of the person's participation in the illegal
drug market during the two years preceding the date of an act giving rise to a
conviction.
(3)
The absence of a criminal drug conviction of a person against whom recovery is sought
does not bar an action against that person.
Section 132. Section
58-37e-111
, which is renumbered from Section 58-37e-12 is renumbered
and amended to read:
58-37e-12
58-37e-111
Effective
05/06/26
. Prejudgment attachment and
execution on judgments.
(1)
(a)
A plaintiff under this chapter, subject to Subsection
(3)
, may request an ex parte
prejudgment writ of attachment from the court pursuant to Utah Rules of Civil
Procedure, Rule 64A
,
against all assets of a defendant sufficient to satisfy a potential
award.
(b)
If attachment is instituted, a defendant is entitled to an immediate hearing.
(c)
Attachment may be lifted if the defendant
:
(i)
demonstrates that the assets will be available for a potential award
;
or
if the
defendant
(ii)
posts a bond sufficient to cover a potential award.
(2)
A person against whom a judgment has been rendered under this chapter is not eligible
to exempt any property, of whatever kind, from process to levy or process to execute on
the judgment, unless the property is exempt by operation of law.
(3)
Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture
action or have been seized for forfeiture by any state or federal agency may not be used
to satisfy a judgment unless and until the assets have been released following the
conclusion of the forfeiture action or released by the agency that seized the assets.
Section 133. Section
58-37e-112
, which is renumbered from Section 58-37e-13 is renumbered
and amended to read:
58-37e-13
58-37e-112
Effective
05/06/26
. Statute of limitations.
(1)
(a)
Except as otherwise provided in this section, a claim under this chapter may not
be brought more than two years after the cause of action accrues.
(b)
A cause of action accrues under this chapter when a person who may recover has
reason to know of the harm from illegal drug use that is the basis for the cause of
action and has reason to know that the illegal drug use is the cause of the harm.
(2)
(a)
For a plaintiff, the statute of limitations under this section is tolled while the
individual potential plaintiff is incapacitated by the use of an illegal drug to the extent
that the individual cannot reasonably be expected to seek recovery under this chapter
or as otherwise provided by law.
(b)
For a defendant, the statute of limitations under this section is tolled until six months
after the individual potential defendant is convicted of a criminal drug offense or as
otherwise provided by law.
(3)
The statute of limitations under this chapter for a claim based on participation in the
illegal drug market that occurred
prior to the effective date of this chapter
before May
5, 1997,
does not begin to run until
the effective date of this chapter
May 5, 1997
.
Section 134. Section
58-37e-113
, which is renumbered from Section 58-37e-14 is renumbered
and amended to read:
58-37e-14
58-37e-113
Effective
05/06/26
. Representation of governmental
entities -- Stay of action.
(1)
A county attorney, district attorney, or city attorney may represent any political
subdivision of the state, and the attorney general may represent the state in an action
brought under this chapter.
(2)
On motion by a governmental agency involved in a drug investigation or prosecution,
an action brought under this chapter shall be stayed until the completion of the criminal
investigation or prosecution that gave rise to the motion for a stay of the action.
Section 135. Section
58-37f-102
is amended to read:
58-37f-102
Effective
05/06/26
. Definitions.
(1)
The definitions in Section
58-37-2
58-37-101
apply to this chapter.
(2)
As used in this chapter:
(a)
"Board" means the Utah State Board of Pharmacy created in Section
58-17b-201
.
(b)
"Business associate" is as defined under the HIPAA privacy, security, and breach
notification rules in 45 C.F.R. 164.502(a), 164.504(e), and 164.532(d) and (e).
(c)
"Database" means the controlled substance database created in Section
58-37f-201
.
(d)
"De-identified" is as defined in 45 C.F.R. 164.502(d) and 164.514(a), (b), and (c).
(e)
"Health care facility" is as defined in Section
26B-2-201
.
(f)
"Mental health therapist" is as defined in Section
58-60-102
.
(g)
"Pharmacy" or "pharmaceutical facility" is as defined in Section
58-17b-102
.
(h)
"Prospective patient" means an individual who:
(i)
is seeking medical advice, medical treatment, or medical services from a
practitioner; and
(ii)
the practitioner described in Subsection
(2)(h)(i)
is considering accepting as a
patient.
(i)
"Substance abuse treatment program" is as defined in Section
26B-2-101
.
Section 136. Section
58-37f-201
is amended to read:
58-37f-201
Effective
05/06/26
. Controlled substance database -- Creation --
Purpose.
(1)
There is created within the division a controlled substance database.
(2)
The division shall administer and direct the functioning of the database in accordance
with this chapter.
(3)
The division may, under state procurement laws, contract with another state agency or a
private entity to establish, operate, or maintain the database.
(4)
The division shall, in collaboration with the board, determine whether to operate the
database within the division or contract with another entity to operate the database,
based on an analysis of costs and benefits.
(5)
The purpose of the database is to contain:
(a)
the data described in Section
58-37f-203
regarding prescriptions for dispensed
controlled substances;
(b)
data reported to the division under Section
26B-2-225
regarding poisoning or
overdose;
(c)
data reported to the division under Subsection
41-6a-502(5)
or
41-6a-502.5(5)(b)
regarding convictions for driving under the influence of a prescribed controlled
substance or impaired driving; and
(d)
data reported to the division under Subsection
58-37-8(1)(e)
or
58-37-8(2)(g)
76-18-207(8)
,
76-18-208(8)
,
76-18-209(9)
,
76-18-210(9)
,
76-18-211(7)
,
76-18-212(6)
,
or
76-18-213(6)
regarding certain violations of
Chapter 37, Utah Controlled
Substances Act
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances
.
(6)
The division shall maintain the database in an electronic file or by other means
established by the division to facilitate use of the database for identification of:
(a)
prescribing practices and patterns of prescribing and dispensing controlled
substances;
(b)
practitioners prescribing controlled substances in an unprofessional or unlawful
manner;
(c)
individuals receiving prescriptions for controlled substances from licensed
practitioners, and who subsequently obtain dispensed controlled substances from a
drug outlet in quantities or with a frequency inconsistent with generally recognized
standards of dosage for that controlled substance;
(d)
individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to a pharmacy;
(e)
individuals admitted to a general acute hospital for poisoning or overdose involving a
prescribed controlled substance; and
(f)
individuals convicted for:
(i)
driving under the influence of a prescribed controlled substance that renders the
individual incapable of safely operating a vehicle;
(ii)
driving while impaired, in whole or in part, by a prescribed controlled substance;
or
(iii)
certain violations of
Chapter 37, Utah Controlled Substances Act
Chapter 37,
Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances, or a violation described in a statute previously in effect in
this state that is the same or substantially similar to a violation described in
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
.
Section 137. Section
58-37f-301
is amended to read:
58-37f-301
Effective
05/06/26
. Access to database.
(1)
The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(a)
effectively enforce the limitations on access to the database as described in this part;
and
(b)
establish standards and procedures to ensure accurate identification of individuals
requesting information or receiving information without request from the database.
(2)
The division shall make information in the database and information obtained from
other state or federal prescription monitoring programs by means of the database
available only to the following individuals, in accordance with the requirements of this
chapter and division rules:
(a)
(i)
personnel of the division specifically assigned to conduct investigations related
to controlled substance laws under the jurisdiction of the division; and
(ii)
the following law enforcement officers, but the division may only provide
nonidentifying information, limited to gender, year of birth, and postal ZIP code,
regarding individuals for whom a controlled substance has been prescribed or to
whom a controlled substance has been dispensed:
(A)
a law enforcement agency officer who is engaged in a joint investigation with
the division; and
(B)
a law enforcement agency officer to whom the division has referred a
suspected criminal violation of controlled substance laws;
(b)
authorized division personnel engaged in analysis of controlled substance
prescription information as a part of the assigned duties and responsibilities of their
employment;
(c)
a board member if:
(i)
the board member is assigned to monitor a licensee on probation; and
(ii)
the board member is limited to obtaining information from the database regarding
the specific licensee on probation;
(d)
a person the division authorizes to obtain that information on behalf of the Utah
Professionals Health Program established in Subsection
58-4a-103(1)
if:
(i)
the person the division authorizes is limited to obtaining information from the
database regarding the person whose conduct is the subject of the division's
consideration; and
(ii)
the conduct that is the subject of the division's consideration includes a violation
or a potential violation of
Chapter 37, Utah Controlled Substances Act
Chapter
37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances, or a violation described in a statute previously in effect in
this state that is the same or substantially similar to a violation described in
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
, or another relevant violation or potential
violation under this title;
(e)
in accordance with a written agreement entered into with the department, employees
of the Department of Health and Human Services:
(i)
whom the director of the Department of Health and Human Services assigns to
conduct scientific studies regarding the use or abuse of controlled substances, if
the identity of the individuals and pharmacies in the database are confidential and
are not disclosed in any manner to any individual who is not directly involved in
the scientific studies;
(ii)
when the information is requested by the Department of Health and Human
Services in relation to a person or provider whom the Department of Health and
Human Services suspects may be improperly obtaining or providing a controlled
substance; or
(iii)
in the medical examiner's office;
(f)
in accordance with a written agreement entered into with the department, a designee
of the director of the Department of Health and Human Services, who is not an
employee of the Department of Health and Human Services, whom the director of the
Department of Health and Human Services assigns to conduct scientific studies
regarding the use or abuse of controlled substances pursuant to an application process
established in rule by the Department of Health and Human Services, if:
(i)
the designee provides explicit information to the Department of Health and
Human Services regarding the purpose of the scientific studies;
(ii)
the scientific studies to be conducted by the designee:
(A)
fit within the responsibilities of the Department of Health and Human
Services for health and welfare;
(B)
are reviewed and approved by an Institutional Review Board that is approved
for human subject research by the United States Department of Health and
Human Services;
(C)
are not conducted for profit or commercial gain; and
(D)
are conducted in a research facility, as defined by division rule, that is
associated with a university or college accredited by one or more regional or
national accrediting agencies recognized by the United States Department of
Education;
(iii)
the designee protects the information as a business associate of the Department
of Health and Human Services; and
(iv)
the identity of the prescribers, patients, and pharmacies in the database are
de-identified, confidential, and not disclosed in any manner to the designee or to
any individual who is not directly involved in the scientific studies;
(g)
in accordance with a written agreement entered into with the department and the
Department of Health and Human Services, authorized employees of a managed care
organization, as defined in 42 C.F.R. Sec. 438, if:
(i)
the managed care organization contracts with the Department of Health and
Human Services under the provisions of Section
26B-3-202
and the contract
includes provisions that:
(A)
require a managed care organization employee who will have access to
information from the database to submit to a criminal background check; and
(B)
limit the authorized employee of the managed care organization to requesting
either the division or the Department of Health and Human Services to conduct
a search of the database regarding a specific Medicaid enrollee and to report
the results of the search to the authorized employee; and
(ii)
the information is requested by an authorized employee of the managed care
organization in relation to a person who is enrolled in the Medicaid program with
the managed care organization, and the managed care organization suspects the
person may be improperly obtaining or providing a controlled substance;
(h)
a licensed practitioner having authority to prescribe controlled substances, to the
extent the information:
(i)
(A)
relates specifically to a current or prospective patient of the practitioner; and
(B)
is provided to or sought by the practitioner for the purpose of:
(I)
prescribing or considering prescribing any controlled substance to the
current or prospective patient;
(II)
diagnosing the current or prospective patient;
(III)
providing medical treatment or medical advice to the current or
prospective patient; or
(IV)
determining whether the current or prospective patient:
(Aa)
is attempting to fraudulently obtain a controlled substance from the
practitioner; or
(Bb)
has fraudulently obtained, or attempted to fraudulently obtain, a
controlled substance from the practitioner;
(ii)
(A)
relates specifically to a former patient of the practitioner; and
(B)
is provided to or sought by the practitioner for the purpose of determining
whether the former patient has fraudulently obtained, or has attempted to
fraudulently obtain, a controlled substance from the practitioner;
(iii)
relates specifically to an individual who has access to the practitioner's Drug
Enforcement Administration identification number, and the practitioner suspects
that the individual may have used the practitioner's Drug Enforcement
Administration identification number to fraudulently acquire or prescribe a
controlled substance;
(iv)
relates to the practitioner's own prescribing practices, except when specifically
prohibited by the division by administrative rule;
(v)
relates to the use of the controlled substance database by an employee of the
practitioner, described in Subsection
(2)(i)
; or
(vi)
relates to any use of the practitioner's Drug Enforcement Administration
identification number to obtain, attempt to obtain, prescribe, or attempt to
prescribe, a controlled substance;
(i)
in accordance with Subsection
(3)(a)
, an employee of a practitioner described in
Subsection
(2)(h)
, for a purpose described in Subsection
(2)(h)(i)
or
(ii)
, if:
(i)
the employee is designated by the practitioner as an individual authorized to
access the information on behalf of the practitioner;
(ii)
the practitioner provides written notice to the division of the identity of the
employee; and
(iii)
the division:
(A)
grants the employee access to the database; and
(B)
provides the employee with a password that is unique to that employee to
access the database in order to permit the division to comply with the
requirements of Subsection
58-37f-203(7)
with respect to the employee;
(j)
an employee of the same business that employs a licensed practitioner under
Subsection
(2)(h)
if:
(i)
the employee is designated by the practitioner as an individual authorized to
access the information on behalf of the practitioner;
(ii)
the practitioner and the employing business provide written notice to the division
of the identity of the designated employee; and
(iii)
the division:
(A)
grants the employee access to the database; and
(B)
provides the employee with a password that is unique to that employee to
access the database in order to permit the division to comply with the
requirements of Subsection
58-37f-203(7)
with respect to the employee;
(k)
a licensed pharmacist having authority to dispense a controlled substance, or a
licensed pharmacy intern or pharmacy technician working under the general
supervision of a licensed pharmacist, to the extent the information is provided or
sought for the purpose of:
(i)
dispensing or considering dispensing any controlled substance;
(ii)
determining whether a person:
(A)
is attempting to fraudulently obtain a controlled substance from the pharmacy,
practitioner, or health care facility; or
(B)
has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the pharmacy, practitioner, or health care facility;
(iii)
reporting to the controlled substance database; or
(iv)
verifying the accuracy of the data submitted to the controlled substance database
on behalf of a pharmacy where the licensed pharmacist, pharmacy intern, or
pharmacy technician is employed;
(l)
pursuant to a valid search warrant, federal, state, and local law enforcement officers
and state and local prosecutors who are engaged in an investigation related to:
(i)
one or more controlled substances; and
(ii)
a specific person who is a subject of the investigation;
(m)
subject to Subsection
(7)
, a probation or parole officer, employed by the Division of
Adult Probation and Parole created in Section
64-14-202
or by a political
subdivision, to gain access to database information necessary for the officer's
supervision of a specific probationer or parolee who is under the officer's direct
supervision;
(n)
employees of the Office of Internal Audit within the Department of Health and
Human Services who are engaged in their specified duty of ensuring Medicaid
program integrity under Section
26B-3-104
;
(o)
a mental health therapist, if:
(i)
the information relates to a patient who is:
(A)
enrolled in a licensed substance abuse treatment program; and
(B)
receiving treatment from, or under the direction of, the mental health therapist
as part of the patient's participation in the licensed substance abuse treatment
program described in Subsection
(2)(o)(i)(A)
;
(ii)
the information is sought for the purpose of determining whether the patient is
using a controlled substance while the patient is enrolled in the licensed substance
abuse treatment program described in Subsection
(2)(o)(i)(A)
; and
(iii)
the licensed substance abuse treatment program described in Subsection
(2)(o)(i)(A)
is associated with a practitioner who:
(A)
is a physician, a physician assistant, an advance practice registered nurse, or a
pharmacist; and
(B)
is available to consult with the mental health therapist regarding the
information obtained by the mental health therapist, under this Subsection
(2)(o)
, from the database;
(p)
an individual who is the recipient of a controlled substance prescription entered into
the database, upon providing evidence satisfactory to the division that the individual
requesting the information is in fact the individual about whom the data entry was
made;
(q)
an individual under Subsection
(2)(p)
for the purpose of obtaining a list of the
persons and entities that have requested or received any information from the
database regarding the individual, except if the individual's record is subject to a
pending or current investigation as authorized under this Subsection
(2)
;
(r)
the inspector general, or a designee of the inspector general, of the Office of
Inspector General of Medicaid Services, for the purpose of fulfilling the duties
described in
Title 63A, Chapter 13, Part 2, Office and Powers
;
(s)
the following licensed physicians for the purpose of reviewing and offering an
opinion on an individual's request for workers' compensation benefits under
Title
34A, Chapter 2, Workers' Compensation Act
, or
Title 34A, Chapter 3, Utah
Occupational Disease Act
:
(i)
a member of the medical panel described in Section
34A-2-601
;
(ii)
a physician employed as medical director for a licensed workers' compensation
insurer or an approved self-insured employer; or
(iii)
a physician offering a second opinion regarding treatment;
(t)
members of Utah's Opioid Fatality Review Committee, for the purpose of reviewing a
specific fatality due to opioid use and recommending policies to reduce the frequency
of opioid use fatalities;
(u)
a licensed pharmacist who is authorized by a managed care organization as defined
in Section
31A-1-301
to access the information on behalf of the managed care
organization, if:
(i)
the managed care organization believes that an enrollee of the managed care
organization has obtained or provided a controlled substance in violation of a
medication management program contract between the enrollee and the managed
care organization; and
(ii)
the managed care organization included a description of the medication
management program in the enrollee's outline of coverage described in Subsection
31A-22-605(7)
; and
(v)
the Utah Medicaid Fraud Control Unit of the attorney general's office for the purpose
of investigating active cases, in exercising the unit's authority to investigate and
prosecute Medicaid fraud, abuse, neglect, or exploitation under 42 U.S.C. Sec.
1396b(q).
(3)
(a)
A practitioner described in Subsection
(2)(h)
may designate one or more
employees to access information from the database under Subsection
(2)(i)
,
(2)(j)
, or
(4)(c)
.
(b)
The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(i)
establish background check procedures to determine whether an employee
designated under Subsection
(2)(i)
,
(2)(j)
, or
(4)(c)
should be granted access to the
database;
(ii)
establish the information to be provided by an emergency department employee
under Subsection
(4)
; and
(iii)
facilitate providing controlled substance prescription information to a third party
under Subsection
(5)
.
(c)
The division shall grant an employee designated under Subsection
(2)(i)
,
(2)(j)
, or
(4)(c)
access to the database, unless the division determines, based on a background
check, that the employee poses a security risk to the information contained in the
database.
(4)
(a)
An individual who is employed in the emergency department of a hospital may
exercise access to the database under this Subsection
(4)
on behalf of a licensed
practitioner if the individual is designated under Subsection
(4)(c)
and the licensed
practitioner:
(i)
is employed or privileged to work in the emergency department;
(ii)
is treating an emergency department patient for an emergency medical condition;
and
(iii)
requests that an individual employed in the emergency department and
designated under Subsection
(4)(c)
obtain information regarding the patient from
the database as needed in the course of treatment.
(b)
The emergency department employee obtaining information from the database shall,
when gaining access to the database, provide to the database the name and any
additional identifiers regarding the requesting practitioner as required by division
administrative rule established under Subsection
(3)(b)
.
(c)
An individual employed in the emergency department under this Subsection
(4)
may
obtain information from the database as provided in Subsection
(4)(a)
if:
(i)
the employee is designated by the hospital as an individual authorized to access
the information on behalf of the emergency department practitioner;
(ii)
the hospital operating the emergency department provide written notice to the
division of the identity of the designated employee; and
(iii)
the division:
(A)
grants the employee access to the database; and
(B)
provides the employee with a password that is unique to that employee to
access the database.
(d)
The division may impose a fee, in accordance with Section
63J-1-504
, on a
practitioner who designates an employee under Subsection
(2)(i)
,
(2)(j)
, or
(4)(c)
to
pay for the costs incurred by the division to conduct the background check and make
the determination described in Subsection
(3)(b)
.
(5)
(a)
(i)
An individual may request that the division provide the information under
Subsection
(5)(b)
to a third party who is designated by the individual each time a
controlled substance prescription for the individual is dispensed.
(ii)
The division shall upon receipt of the request under this Subsection
(5)(a)
advise
the individual in writing that the individual may direct the division to discontinue
providing the information to a third party and that notice of the individual's
direction to discontinue will be provided to the third party.
(b)
The information the division shall provide under Subsection
(5)(a)
is:
(i)
the fact a controlled substance has been dispensed to the individual, but without
identifying the controlled substance; and
(ii)
the date the controlled substance was dispensed.
(c)
(i)
An individual who has made a request under Subsection
(5)(a)
may direct that
the division discontinue providing information to the third party.
(ii)
The division shall:
(A)
notify the third party that the individual has directed the division to no longer
provide information to the third party; and
(B)
discontinue providing information to the third party.
(6)
(a)
An individual who is granted access to the database based on the fact that the
individual is a licensed practitioner or a mental health therapist shall be denied access
to the database when the individual is no longer licensed.
(b)
An individual who is granted access to the database based on the fact that the
individual is a designated employee of a licensed practitioner shall be denied access
to the database when the practitioner is no longer licensed.
(7)
A probation or parole officer is not required to obtain a search warrant to access the
database in accordance with Subsection
(2)(m)
.
(8)
The division shall review and adjust the database programming which automatically
logs off an individual who is granted access to the database under Subsections
(2)(h)
,
(2)(i)
,
(2)(j)
, and
(4)(c)
to maximize the following objectives:
(a)
to protect patient privacy;
(b)
to reduce inappropriate access; and
(c)
to make the database more useful and helpful to a person accessing the database
under Subsections
(2)(h)
,
(2)(i)
,
(2)(j)
, and
(4)(c)
, especially in high usage locations
such as an emergency department.
(9)
Any person who knowingly and intentionally accesses the database without express
authorization under this section is guilty of a class A misdemeanor.
Section 138. Section
58-37f-303
is amended to read:
58-37f-303
Effective
05/06/26
. Access to opioid prescription information via an
electronic data system.
(1)
As used in this section:
(a)
"Dispense" means the same as that term is defined in Section
58-17b-102
.
(b)
"EDS user":
(i)
means:
(A)
a prescriber;
(B)
a pharmacist;
(C)
a pharmacy intern;
(D)
a pharmacy technician; or
(E)
an individual granted access to the database under Subsection
58-37f-301(3)(c)
;
and
(ii)
does not mean an individual whose access to the database has been revoked by
the division pursuant to Subsection
58-37f-301(5)(c)
.
(c)
"Electronic data system" means a software product or an electronic service used by:
(i)
a prescriber to manage electronic health records; or
(ii)
a pharmacist, pharmacy intern, or pharmacy technician working under the general
supervision of a licensed pharmacist, for the purpose of:
(A)
managing the dispensing of prescription drugs; or
(B)
providing pharmaceutical care as defined in Section
58-17b-102
to a patient.
(d)
"Opioid" means any substance listed in Subsection
58-37-4(2)(b)(i)
58-37-108(2)(b)(i)
or
(2)(b)(ii)
.
(e)
"Pharmacist" means the same as that term is defined in Section
58-17b-102
.
(f)
"Prescriber" means a practitioner, as that term is defined in Section
58-37-2
58-37-101
, who is licensed under Section
58-37-6
58-37-105
to prescribe an opioid.
(g)
"Prescription drug" means the same as that term is defined in Section
58-17b-102
.
(2)
Subject to Subsections
(3)
through
(6)
, no later than January 1, 2017, the division shall
make opioid prescription information in the database available to an EDS user via the
user's electronic data system.
(3)
An electronic data system may be used to make opioid prescription information in the
database available to an EDS user only if the electronic data system complies with rules
established by the division under Subsection
(4)
.
(4)
(a)
The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, specifying:
(i)
an electronic data system's:
(A)
allowable access to and use of opioid prescription information in the database;
and
(B)
minimum actions that must be taken to ensure that opioid prescription
information accessed from the database is protected from inappropriate
disclosure or use; and
(ii)
an EDS user's:
(A)
allowable access to opioid prescription information in the database via an
electronic data system; and
(B)
allowable use of the information.
(b)
The rules shall establish:
(i)
minimum user identification requirements that in substance are the same as the
database identification requirements in Section
58-37f-301
;
(ii)
user access restrictions that in substance are the same as the database
identification requirements in Section
58-37f-301
; and
(iii)
any other requirements necessary to ensure that in substance the provisions of
Sections
58-37f-301
and
58-37f-302
apply to opioid prescription information in
the database that has been made available to an EDS user via an electronic data
system.
(5)
The division may not make opioid prescription information in the database available to
an EDS user via the user's electronic data system if:
(a)
the electronic data system does not comply with the rules established by the division
under Subsection
(4)
; or
(b)
the EDS user does not comply with the rules established by the division under
Subsection
(4)
.
(6)
(a)
The division shall periodically audit the use of opioid prescription information
made available to an EDS user via the user's electronic data system.
(b)
The audit shall review compliance by:
(i)
the electronic data system with rules established by the division under Subsection
(4)
; and
(ii)
the EDS user with rules established by the division under Subsection
(4)
.
(c)
(i)
If the division determines by audit or other means that an electronic data system
is not in compliance with rules established by the division under Subsection
(4)
,
the division shall immediately suspend or revoke the electronic data system's
access to opioid prescription information in the database.
(ii)
If the division determines by audit or other means that an EDS user is not in
compliance with rules established by the division under Subsection
(4)
, the
division shall immediately suspend or revoke the EDS user's access to opioid
prescription information in the database via an electronic data system.
(iii)
If the division suspends or revokes access to opioid prescription information in
the database under Subsection
(6)(c)(i)
or
(6)(c)(ii)
, the division shall also take
any other appropriate corrective or disciplinary action authorized by this chapter
or title.
Section 139. Section
58-37f-304
is amended to read:
58-37f-304
Effective
05/06/26
. Database utilization.
(1)
As used in this section:
(a)
"Dispenser" means a licensed pharmacist, as described in Section
58-17b-303
, the
pharmacist's licensed intern, as described in Section
58-17b-304
, or licensed
pharmacy technician, as described in Section
58-17b-305
, working under the
supervision of a licensed pharmacist who is also licensed to dispense a controlled
substance under
Title 58, Chapter 37, Utah Controlled Substances Act
Chapter 37,
Controlled Substances
.
(b)
"Outpatient" means a setting in which an individual visits a licensed healthcare
facility or a healthcare provider's office for a diagnosis or treatment but is not
admitted to a licensed healthcare facility for an overnight stay.
(c)
"Prescriber" means an individual authorized to prescribe a controlled substance under
Title 58, Chapter 37, Utah Controlled Substances Act
Chapter 37, Controlled
Substances
.
(d)
"Schedule II opioid" means those substances listed in Subsection
58-37-4(2)(b)(i)
58-37-108(2)(b)(i)
or
(2)(b)(ii)
.
(e)
"Schedule III opioid" means those substances listed in Subsection
58-37-4(2)(c)
58-37-108(2)(c)
that are opioids.
(2)
(a)
A prescriber shall check the database for information about a patient before the
first time the prescriber gives a prescription to a patient for a Schedule II opioid or a
Schedule III opioid.
(b)
If a prescriber is repeatedly prescribing a Schedule II opioid or Schedule III opioid to
a patient, the prescriber shall periodically review information about the patient in:
(i)
the database; or
(ii)
other similar records of controlled substances the patient has filled.
(c)
A prescriber may assign the access and review required under Subsection
(2)(a)
to
one or more employees in accordance with Subsections
58-37f-301(2)(i)
and
(j)
.
(d)
(i)
A prescriber may comply with the requirements in Subsections
(2)(a)
and
(b)
by checking an electronic health record system if the electronic health record
system:
(A)
is connected to the database through a connection that has been approved by
the division; and
(B)
displays the information from the database in a prominent manner for the
prescriber.
(ii)
The division may not approve a connection to the database if the connection does
not satisfy the requirements established by the division under Section
58-37f-301
.
(e)
A prescriber is not in violation of the requirements of Subsection
(2)(a)
or
(b)
if the
failure to comply with Subsection
(2)(a)
or
(b)
:
(i)
is necessary due to an emergency situation;
(ii)
is caused by a suspension or disruption in the operation of the database; or
(iii)
is caused by a failure in the operation or availability of the Internet.
(f)
The division may not take action against the license of a prescriber for failure to
comply with this Subsection
(2)
unless the failure occurs after the earlier of:
(i)
December 31, 2018; or
(ii)
the date that the division has the capability to establish a connection that meets
the requirements established by the division under Section
58-37f-301
between
the database and an electronic health record system.
(3)
The division shall, in collaboration with the licensing boards for prescribers and
dispensers:
(a)
develop a system that gathers and reports to prescribers and dispensers the progress
and results of the prescriber's and dispenser's individual access and review of the
database, as provided in this section; and
(b)
reduce or waive the division's continuing education requirements regarding opioid
prescriptions, described in Section
58-37-6.5
58-37-303
, including the online
tutorial and test relating to the database, for prescribers and dispensers whose
individual utilization of the database, as determined by the division, demonstrates
substantial compliance with this section.
(4)
If the dispenser's access and review of the database suggest that the individual seeking
an opioid may be obtaining opioids in quantities or frequencies inconsistent with
generally recognized standards as provided in this section and Section
58-37f-201
, the
dispenser shall reasonably attempt to contact the prescriber to obtain the prescriber's
informed, current, and professional decision regarding whether the prescribed opioid is
medically justified, notwithstanding the results of the database search.
(5)
(a)
The division shall review the database to identify any prescriber who has a pattern
of prescribing opioids not in accordance with the recommendations of:
(i)
the CDC Guideline for Prescribing Opioids for Chronic Pain, published by the
Centers for Disease Control and Prevention;
(ii)
the Utah Clinical Guidelines on Prescribing Opioids for Treatment of Pain,
published by the Department of Health and Human Services; or
(iii)
other publications describing best practices related to prescribing opioids as
identified by division rule in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and in consultation with the Medical Licensing
Board.
(b)
The division shall offer education to a prescriber identified under this Subsection
(5)
regarding best practices in the prescribing of opioids.
(c)
A decision by a prescriber to accept or not accept the education offered by the
division under this Subsection
(5)
is voluntary.
(d)
The division may not use an identification the division has made under this
Subsection
(5)
or the decision by a prescriber to accept or not accept education
offered by the division under this Subsection
(5)
in a licensing investigation or action
by the division.
(e)
Any record created by the division as a result of this Subsection
(5)
is a protected
record under Section
63G-2-305
.
(6)
The division may consult with a prescriber or health care system to assist the prescriber
or health care system in following evidence-based guidelines regarding the prescribing
of controlled substances, including the recommendations listed in Subsection
(5)(a)
.
Section 140. Section
58-37f-401
is amended to read:
58-37f-401
Effective
05/06/26
. Database registration required -- Penalties for
failure to register.
(1)
Each individual, other than a veterinarian, who, on June 30, 2010, has a license to
prescribe a controlled substance under
Chapter 37, Utah Controlled Substances Act
Chapter 37, Controlled Substances
, but is not registered with the division to use the
database shall, on or before September 30, 2010, register with the division to use the
database.
(2)
(a)
An individual who is not a veterinarian, who obtains a new license to prescribe a
controlled substance under
Chapter 37, Utah Controlled Substances Act
Chapter 37,
Controlled Substances
, shall, within 30 days after the day on which the individual
obtains a license to prescribe a controlled substance from the Drug Enforcement
Administration, register with the division to use the database.
(b)
An individual who is not a veterinarian may not renew a license to prescribe a
controlled substance under
Chapter 37, Utah Controlled Substances Act
Chapter 37,
Controlled Substances
, unless the individual registers with the division to use the
database.
(3)
Beginning on November 2, 2012, in order to register to use the database, the individual
registering must participate in the online tutorial and pass the online test described in
Section
58-37f-402
.
(4)
Failure by an individual to comply with the requirements of this section is grounds for
the division to take the following actions in accordance with Section
58-1-401
:
(a)
refuse to issue a license to the individual;
(b)
refuse to renew the individual's license; or
(c)
revoke, suspend, restrict, or place on probation the license.
(5)
Beginning on July 1, 2010, the division shall, in accordance with Section
63J-1-504
,
impose an annual database registration fee on an individual who registers to use the
database, to pay the startup and ongoing costs of the division for complying with the
requirements of this section.
Section 141. Section
58-37f-502
is amended to read:
58-37f-502
Effective
05/06/26
. Use of dedicated credits -- Controlled Substance
Database -- Collection of penalties.
(1)
The director may use the money deposited in the General Fund as a dedicated credit
under Subsections
58-37-6(8)(a)
58-37-304(16)
,
58-37f-601(3)(d)
, and
58-37f-602(2)
for the following purposes:
(a)
maintenance and replacement of the database equipment, including hardware and
software;
(b)
training of staff; and
(c)
pursuit of external grants and matching funds.
(2)
The director of the division may collect any penalty imposed under Subsections
58-37-6(8)(a)
58-37-304(16)
,
58-37f-601(3)(d)
, and
58-37f-602(2)
and which is not paid
by:
(a)
referring the matter to the Office of State Debt Collection or a collection agency; or
(b)
bringing an action in the district court of the county in which the person owing the
debt resides or in the county where the office of the director is located.
(3)
The director may seek legal assistance from the attorney general or the county or district
attorney of the district in which the action is brought to collect the fine.
(4)
The court shall award reasonable attorney fees and costs to the division for successful
collection actions under Subsection
(2)(b)
.
Section 142. Section
58-37f-702
is amended to read:
58-37f-702
Effective
05/06/26
. Reporting prescribed controlled substance
poisoning or overdose to a practitioner.
(1)
(a)
The division shall take the actions described in Subsection
(1)(b)
if the division
receives a report from a general acute hospital under Section
26B-2-225
regarding
admission to a general acute hospital for poisoning or overdose involving a
prescribed controlled substance.
(b)
The division shall, within three business days after the day on which a report in
Subsection
(1)(a)
is received:
(i)
attempt to identify, through the database, each practitioner who may have
prescribed the controlled substance to the patient; and
(ii)
provide each practitioner identified under Subsection
(1)(b)(i)
with:
(A)
a copy of the report provided by the general acute hospital under Section
26B-2-225
; and
(B)
the information obtained from the database that led the division to determine
that the practitioner receiving the information may have prescribed the
controlled substance to the person named in the report.
(2)
(a)
When the division receives a report from the medical examiner under Section
26B-8-210
regarding a death caused by poisoning or overdose involving a prescribed
controlled substance, for each practitioner identified by the medical examiner under
Subsection
26B-8-210(1)(c)
, the division:
(i)
shall, within five business days after the day on which the division receives the
report, provide the practitioner with a copy of the report; and
(ii)
may offer the practitioner an educational visit to review the report.
(b)
A practitioner may decline an educational visit described in Subsection
(2)(a)(ii)
.
(c)
The division may not use, in a licensing investigation or action by the division:
(i)
information from an educational visit described in Subsection
(2)(a)(ii)
; or
(ii)
a practitioner's decision to decline an educational visit described in Subsection
(2)(a)(ii)
.
(3)
It is the intent of the Legislature that the information provided under Subsection
(1)
or
(2)
is provided for the purpose of assisting the practitioner in:
(a)
discussing with the patient or others issues relating to the poisoning or overdose;
(b)
advising the patient or others of measures that may be taken to avoid a future
poisoning or overdose; and
(c)
making decisions regarding future prescriptions written for the patient or others.
(4)
Any record created by the division as a result of an educational visit described in
Subsection
(2)(a)(ii)
is a protected record for purposes of
Title 63G, Chapter 2,
Government Records Access and Management Act
.
(5)
Beginning on July 1, 2010, the division shall, in accordance with Section
63J-1-504
,
increase the licensing fee described in Subsection
58-37-6(1)(b)
58-37-105(1)(b)
to pay
the startup and ongoing costs of the division for complying with the requirements of this
section.
Section 143. Section
58-37f-703
is amended to read:
58-37f-703
Effective
05/06/26
. Entering certain convictions into the database
and reporting them to practitioners.
(1)
When the division receives a report from a court under Subsection
41-6a-502(5)
or
41-6a-502.5(5)(b)
relating to a conviction for driving under the influence of, or while
impaired by, a prescribed controlled substance, the division shall:
(a)
daily enter into the database the information supplied in the report, including the date
on which the person was convicted;
(b)
attempt to identify, through the database, each practitioner who may have prescribed
the controlled substance to the convicted person; and
(c)
provide each practitioner identified under Subsection
(1)(b)
with:
(i)
a copy of the information provided by the court; and
(ii)
the information obtained from the database that led the division to determine that
the practitioner receiving the information may have prescribed the controlled
substance to the convicted person.
(2)
It is the intent of the Legislature that the information provided under Subsection
(1)(b)
is provided for the purpose of assisting the practitioner in:
(a)
discussing the manner in which the controlled substance may impact the convicted
person's driving;
(b)
advising the convicted person on measures that may be taken to avoid adverse
impacts of the controlled substance on future driving; and
(c)
making decisions regarding future prescriptions written for the convicted person.
(3)
Beginning on July 1, 2010, the division shall, in accordance with Section
63J-1-504
,
increase the licensing fee described in Subsection
58-37-6(1)(b)
58-37-105(1)(b)
to pay
the startup and ongoing costs of the division for complying with the requirements of this
section.
Section 144. Section
58-37f-704
is amended to read:
58-37f-704
Effective
05/06/26
. Entering certain convictions into the database.
Beginning October 1, 2016, if the division receives a report from a court under
Subsection
58-37-8(1)(e)
or 58-37-8(2)(g)
76-18-207(8)
,
76-18-208(8)
,
76-18-209(9)
,
76-18-210(9)
,
76-18-211(7)
,
76-18-212(6)
, or
76-18-213(6)
, the division shall daily enter into
the database the information supplied in the report.
Section 145. Section
58-38a-102
is amended to read:
58-38a-102
Effective
05/06/26
. Definitions.
(1)
"Committee" means the Controlled Substances Advisory Committee created in this
chapter.
(2)
"Controlled substance schedule" or "schedule" means a schedule as defined under
Section
58-37-4
58-37-108
.
Section 146. Section
58-38a-203
is amended to read:
58-38a-203
Effective
05/06/26
. Duties of the committee.
(1)
The committee serves as a consultative and advisory body to the Legislature regarding:
(a)
the movement of a controlled substance from one schedule or list to another;
(b)
the removal of a controlled substance from any schedule or list; and
(c)
the designation of a substance as a controlled substance and the placement of the
substance in a designated schedule or list.
(2)
On or before September 30 of each year, the committee shall submit to the Health and
Human Services Interim Committee a written report:
(a)
describing any substances recommended by the committee for scheduling,
rescheduling, listing, or deletion from the schedules or list by the Legislature; and
(b)
stating the reasons for the recommendation.
(3)
In advising the Legislature regarding the need to add, delete, relist, or reschedule a
substance, the committee shall consider:
(a)
the actual or probable abuse of the substance, including:
(i)
the history and current pattern of abuse both in Utah and in other states;
(ii)
the scope, duration, and significance of abuse;
(iii)
the degree of actual or probable detriment to public health which may result from
abuse of the substance; and
(iv)
the probable physical and social impact of widespread abuse of the substance;
(b)
the biomedical hazard of the substance, including:
(i)
its pharmacology, including the effects and modifiers of the effects of the
substance;
(ii)
its toxicology, acute and chronic toxicity, interaction with other substances,
whether controlled or not, and the degree to which it may cause psychological or
physiological dependence; and
(iii)
the risk to public health and the particular susceptibility of segments of the
population;
(c)
whether the substance is an immediate precursor, as defined in Section
58-37-2
58-37-101
, of a substance that is currently a controlled substance;
(d)
the current state of scientific knowledge regarding the substance, including whether
there is any acceptable means to safely use the substance under medical supervision;
(e)
the relationship between the use of the substance and criminal activity, including
whether:
(i)
persons engaged in illicit trafficking of the substance are also engaged in other
criminal activity;
(ii)
the nature and relative profitability of manufacturing or delivering the substance
encourages illicit trafficking in the substance;
(iii)
the commission of other crimes is one of the recognized effects of abuse of the
substance; and
(iv)
addiction to the substance relates to the commission of crimes to facilitate the
continued use of the substance;
(f)
whether the substance has been scheduled by other states; and
(g)
whether the substance has any accepted medical use in treatment in the United States.
(4)
The committee's duties under this chapter do not include tobacco products as defined in
Section
59-14-102
or alcoholic beverages as defined in Section
32B-1-102
.
Section 147. Section
58-38a-204
is amended to read:
58-38a-204
Effective
05/06/26
. Guidelines for scheduling or listing drugs.
(1)
(a)
The committee shall recommend placement of a substance in Schedule I if it finds:
(i)
that the substance has high potential for abuse; and
(ii)
that an accepted standard has not been established for safe use in treatment for
medical purposes.
(b)
The committee may recommend placement of a substance in Schedule I under
Section
58-37-4
58-37-108
if it finds that the substance is classified as a controlled
substance in Schedule I under federal law.
(2)
(a)
The committee shall recommend placement of a substance in Schedule II if it
finds that:
(i)
the substance has high potential for abuse;
(ii)
the substance has a currently accepted medical use in treatment in the United
States, or a currently accepted medical use subject to severe restrictions; and
(iii)
the abuse of the substance may lead to severe psychological or physiological
dependence.
(b)
The committee may recommend placement of a substance in Schedule II if it finds
that the substance is classified as a controlled substance in Schedule II under federal
law.
(3)
(a)
The committee shall recommend placement of a substance in Schedule III if it
finds that:
(i)
the substance has a potential for abuse that is less than the potential for substances
listed in Schedules I and II;
(ii)
the substance has a currently accepted medical use in treatment in the United
States; and
(iii)
abuse of the substance may lead to moderate or low physiological dependence or
high psychological dependence.
(b)
The committee may recommend placement of a substance in Schedule III if it finds
that the substance is classified as a controlled substance in Schedule III under federal
law.
(4)
(a)
The committee shall recommend placement of a substance in Schedule IV if it
finds that:
(i)
the substance has a low potential for abuse relative to substances in Schedule III;
(ii)
the substance has currently accepted medical use in treatment in the United
States; and
(iii)
abuse of the substance may lead to limited physiological dependence or
psychological dependence relative to the substances in Schedule III.
(b)
The committee may recommend placement of a substance in Schedule IV if it finds
that the substance is classified as a controlled substance in Schedule IV under federal
law.
(5)
(a)
The committee shall recommend placement of a substance in Schedule V if it
finds that:
(i)
the substance has low potential for abuse relative to the controlled substances
listed in Schedule IV;
(ii)
the substance has currently accepted medical use in treatment in the United
States; and
(iii)
the substance has limited physiological dependence or psychological dependence
liability relative to the controlled substances listed in Schedule IV.
(b)
The committee may recommend placement of a substance in Schedule V under this
chapter if it finds that the substance is classified as a controlled substance in Schedule
V under federal law.
(6)
The committee may recommend placement of a substance on a controlled substance list
if it finds that the substance has a potential for abuse and that an accepted standard has
not been established for safe use in treatment for medical purposes.
Section 148. Section
58-67-503
is amended to read:
58-67-503
Effective
05/06/26
. Penalties and administrative actions for unlawful
and unprofessional conduct.
(1)
Any person that violates the unlawful conduct provisions of Section
58-67-501
or
Section
58-1-501
is guilty of a third degree felony.
(2)
(a)
Subject to Subsection
(4)
, the division may punish unprofessional or unlawful
conduct by:
(i)
assessing administrative penalties; or
(ii)
taking other appropriate administrative action.
(b)
The division shall deposit a monetary administrative penalty imposed under this
section into the Physician Education and Enforcement Fund created in Section
58-67a-1
.
(3)
If a licensee is convicted of unlawful conduct, described in Section
58-67-501
, before
an administrative proceeding regarding the same conduct, the division may not assess an
additional administrative fine under this chapter for the same conduct.
(4)
(a)
If the division concludes that an individual has violated provisions of Section
58-67-501
, Section
58-67-502
,
Chapter 1, Division of Professional Licensing Act
,
Chapter 37, Utah Controlled Substances Act
Chapter 37, Controlled Substances, or
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, or a
provision described in a statute previously in effect in this state that is the same or
substantially similar to a provision described in Section 58-67-501, Section
58-67-502, Chapter 1, Division of Professional Licensing Act, Chapter 37,
Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances
, or any rule or order issued with respect to these provisions,
and disciplinary action is appropriate, the director or director's designee shall:
(i)
issue a citation to the individual;
(ii)
attempt to negotiate a stipulated settlement; or
(iii)
(A)
notify the individual that the division will commence an adjudicative
proceeding conducted under
Title 63G, Chapter 4, Administrative Procedures
Act
; and
(B)
invite the individual to appear.
(b)
The division may take the following action against an individual who is in violation
of a provision described in Subsection
(4)(a)
, as evidenced by an uncontested
citation, a stipulated settlement, or a finding of violation in an adjudicative
proceeding:
(i)
assess a fine of up to $10,000 per single violation or up to $2,000 per day of
ongoing violation, whichever is greater, in accordance with a fine schedule
established by rule; or
(ii)
order to cease and desist from the behavior that constitutes a violation of the
provisions described in Subsection
(4)(a)
.
(c)
The division may not suspend or revoke an individual's license through a citation.
(d)
Each citation issued under this section shall:
(i)
be in writing;
(ii)
clearly describe or explain:
(A)
the nature of the violation, including a reference to the provision of the
chapter, rule, or order alleged to have been violated;
(B)
that the recipient must notify the division in writing within 20 calendar days
from the day on which the citation is served if the recipient wishes to contest
the citation at a hearing conducted under
Title 63G, Chapter 4, Administrative
Procedures Act
; and
(C)
the consequences of failure to timely contest the citation or pay the fine
assessed by the citation within the time specified in the citation; and
(iii)
be served in accordance with the Utah Rules of Civil Procedure.
(e)
(i)
If the individual to whom the division issues the citation fails to request a
hearing to contest the citation within 20 calendar days from the day on which the
division serves the citation , the citation:
(A)
becomes the final order of the division; and
(B)
is not subject to further agency review.
(ii)
The division may extend the period to contest the citation for cause.
(f)
The division may refuse to issue or renew or suspend, revoke, or place on probation
the license of an individual who fails to comply with a citation after the citation
becomes final.
(g)
The failure of an applicant for licensure to comply with a citation after the citation
becomes final is grounds for denial of license.
(h)
The division may not issue a citation under this section after the expiration of one
year following the date on which the division receives the report of the violation that
is the subject of the citation.
(5)
(a)
The director may collect a penalty imposed under this section that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(b)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(c)
A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty.
Section 149. Section
58-67a-1
is amended to read:
58-67a-1
Effective
05/06/26
. Physicians Education and Enforcement Fund.
(1)
There is created an expendable special revenue fund known as the "Physicians
Education and Enforcement Fund."
(2)
The division shall deposit penalties ordered and collected under this section into the
Physicians Education and Enforcement Fund.
(3)
The Physicians Education and Enforcement Fund shall earn interest, and the division
shall deposit all interest earned on account money into the account.
(4)
The director, with the concurrence of the board, may make distributions from the fund
for the following purposes:
(a)
education and training:
(i)
that covers:
(A)
the requirements of this title;
(B)
division rules related to this title;
(C)
the requirements of
Chapter 37, Utah Controlled Substances Act
Chapter 37,
Controlled Substances, and Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances
; and
(D)
any division rules related to
Chapter 37, Utah Controlled Substances Act
Chapter 37, Controlled Substances, and Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
; and
(ii)
that the division makes available for:
(A)
physicians and surgeons;
(B)
osteopathic physicians and surgeons;
(C)
naturopathic physicians;
(D)
division staff; and
(E)
members of the board; and
(b)
enforcement of Chapter 67, Utah Medical Practice Act, Chapter 68, Utah
Osteopathic Medical Practice Act, and Chapter 71, Naturopathic Physician Practice
Act, by:
(i)
investigating unprofessional or unlawful conduct;
(ii)
obtaining legal representation for the division to bring an action against a person
engaging in unprofessional or unlawful conduct; and
(iii)
monitoring compliance of renewal requirements.
(5)
If the balance in the fund exceeds $100,000 at the close of any fiscal year, the division
shall transfer any amount that exceeds $100,000 to the General Fund.
(6)
The division shall report on the fund annually to the appropriate appropriations
subcommittee of the Legislature.
Section 150. Section
58-68-503
is amended to read:
58-68-503
Effective
05/06/26
. Penalties and administrative actions for unlawful
and unprofessional conduct.
(1)
Any person that violates the unlawful conduct provisions of Section
58-68-501
or
Section
58-1-501
is guilty of a third degree felony.
(2)
(a)
Subject to Subsection
(4)
, the division may punish unprofessional or unlawful
conduct by:
(i)
assessing administrative penalties; or
(ii)
taking any other appropriate administrative action.
(b)
The division shall deposit a monetary administrative penalty imposed under this
section into the Physician Education and Enforcement Fund created in Section
58-67a-1
.
(3)
If a licensee is convicted of unlawful conduct, described in Section
58-68-501
, before
an administrative proceeding regarding the same conduct, the division may not assess an
additional administrative fine under this chapter for the same conduct.
(4)
(a)
If the division concludes that an individual has violated the provisions of Section
58-68-501
, Section
58-68-502
,
Chapter 1, Division of Professional Licensing Act
,
Chapter 37, Utah Controlled Substances Act
Chapter 37, Controlled Substances, or
Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, or a
provision described in a statute previously in effect in this state that is the same or
substantially similar to a provision described in Section
58-68-501
, Section
58-68-502
,
Chapter 1, Division of Professional Licensing Act, Chapter 37, Controlled
Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances
, or any rule or order issued with respect to these provisions, and
disciplinary action is appropriate, the director or director's designee shall:
(i)
issue a citation to the individual;
(ii)
attempt to negotiate a stipulated settlement; or
(iii)
(A)
notify the individual that the division will commence an adjudicative
proceeding conducted under
Title 63G, Chapter 4, Administrative Procedures
Act
; and
(B)
invite the individual to appear.
(b)
The division may take the following action against an individual who violates a
provision described in Subsection
(4)(a)
, as evidenced by an uncontested citation, a
stipulated settlement, or a finding of violation in an adjudicative proceeding:
(i)
assess a fine of up to $10,000 per single violation or $2,000 per day of ongoing
violation, whichever is greater, in accordance with a fine schedule established by
rule; or
(ii)
order to cease and desist from the behavior that constitutes a violation of
provisions described in Subsection
(4)(a)
.
(c)
Except for an administrative fine and a cease and desist order, the division may not
assess the licensure sanctions cited in Section
58-1-401
through a citation.
(d)
Each citation issued under this section shall:
(i)
be in writing;
(ii)
clearly describe or explain:
(A)
the nature of the violation, including a reference to the provision of the
chapter, rule, or order alleged to have been violated;
(B)
that the recipient must notify the division in writing within 20 calendar days
from the day on which the citation is served if the recipient wishes to contest
the citation at a hearing conducted under
Title 63G, Chapter 4, Administrative
Procedures Act
; and
(C)
the consequences of failure to timely contest the citation or pay the fine
assessed by the citation within the time specified in the citation; and
(iii)
be served in accordance with the requirements of the Utah Rules of Civil
Procedure.
(e)
(i)
If the individual to whom the division issues the citation fails to request a
hearing to contest the citation within 20 calendar days from the day on which the
citation is served, the citation becomes the final order of the division and is not
subject to further agency review.
(ii)
The division may extend the period to contest the citation
for cause.
(f)
The division may refuse to issue or renew or suspend, revoke, or place on probation
the license of an individual who fails to comply with a citation after the citation
becomes final.
(g)
The failure of an applicant for licensure to comply with a citation after the citation
becomes final is grounds for denial of a license.
(h)
The division may not issue a citation under this section after the expiration of one
year following the date on which the division receives the report of the violation that
is the subject of the citation.
(5)
(a)
The director may collect a penalty imposed under this section that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against
whom the penalty is imposed resides or in the county where the office of the
director is located.
(b)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(c)
A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty.
Section 151. Section
58-71-102
is amended to read:
58-71-102
Effective
05/06/26
. Definitions.
In addition to the definitions in Section
58-1-102
, as used in this chapter:
(1)
"Acupuncture" means the practice of acupuncture as defined in Section
58-72-102
.
(2)
"Administrative penalty" means a monetary fine imposed by the division for acts or
omissions determined to constitute unprofessional or unlawful conduct, as a result of an
adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
Administrative Procedures Act.
(3)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(4)
"Diagnose" means:
(a)
to examine in any manner another individual, parts of an individual's body,
substances, fluids, or materials excreted, taken, or removed from an individual's
body, or produced by an individual's body, to determine the source, nature, kind, or
extent of a disease or other physical or mental condition;
(b)
to attempt to conduct an examination or determination described under Subsection
(4)(a)
;
(c)
to hold oneself out as making or to represent that one is making an examination or
determination as described in Subsection
(4)(a)
; or
(d)
to make an examination or determination as described in Subsection
(4)(a)
upon or
from information supplied directly or indirectly by another individual, whether or not
in the presence of the individual the examination or determination concerns.
(5)
"Local anesthesia" means an agent, whether a natural medicine or nonscheduled
prescription drug, which:
(a)
is applied topically or by injection associated with the performance of minor office
procedures;
(b)
has the ability to produce loss of sensation to a targeted area of an individual's body;
(c)
does not cause loss of consciousness or produce general sedation; and
(d)
is part of the competent practice of naturopathic medicine during minor office
procedures.
(6)
"Medical naturopathic assistant" means an unlicensed individual working under the
direct and immediate supervision of a licensed naturopathic physician and engaged in
specific tasks assigned by the licensed naturopathic physician in accordance with the
standards and ethics of the profession.
(7)
(a)
"Minor office procedures" means:
(i)
the use of operative, electrical, or other methods for repair and care of superficial
lacerations, abrasions, and benign lesions;
(ii)
removal of foreign bodies located in the superficial tissues, excluding the eye or
ear;
(iii)
the use of antiseptics and local anesthetics in connection with minor office
surgical procedures; and
(iv)
percutaneous injection into skin, tendons, ligaments, muscles, and joints with:
(A)
local anesthesia or a prescription drug described in Subsection
(8)(d)
; or
(B)
natural substances.
(b)
"Minor office procedures" does not include:
(i)
general or spinal anesthesia;
(ii)
office procedures more complicated or extensive than those set forth in
Subsection
(7)(a)
;
(iii)
procedures involving the eye; and
(iv)
any office procedure involving nerves, veins, or arteries.
(8)
"Natural medicine" means any:
(a)
food, food extract, dietary supplement as defined by the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301 et seq., homeopathic remedy, or plant substance
that is not designated a prescription drug or controlled substance;
(b)
over-the-counter medication;
(c)
other nonprescription substance, the prescription or administration of which is not
otherwise prohibited or restricted under federal or state law; or
(d)
prescription drug:
(i)
the prescription of which is consistent with the competent practice of naturopathic
medicine;
(ii)
that is not a controlled substance except for testosterone; and
(iii)
that is not any of the following as determined by the federal Food and Drug
Administration's general drug category list:
(A)
an anticoagulant for the management of a bleeding disorder;
(B)
an anticonvulsant;
(C)
an antineoplastic;
(D)
an antipsychotic;
(E)
a barbiturate;
(F)
a cytotoxic;
(G)
a sedative;
(H)
a sleeping drug;
(I)
a tranquilizer; or
(J)
any drug category added after April 1, 2022, unless the division determines the
drug category to be consistent with the practice of naturopathic medicine under
Section
58-71-203
.
(9)
(a)
"Naturopathic childbirth" means uncomplicated natural childbirth assisted by a
naturopathic physician.
(b)
"Naturopathic childbirth" includes the use of:
(i)
natural medicines; and
(ii)
uncomplicated episiotomy.
(c)
"Naturopathic childbirth" does not include the use of:
(i)
forceps delivery;
(ii)
general or spinal anesthesia;
(iii)
caesarean section delivery; or
(iv)
induced labor or abortion.
(10)
(a)
"Naturopathic mobilization therapy" means manually administering mechanical
treatment of body structures or tissues for the purpose of restoring normal
physiological function to the body by normalizing and balancing the musculoskeletal
system of the body.
(b)
"Naturopathic mobilization therapy" does not mean manipulation or adjustment of
the joints of the human body beyond the elastic barrier.
(c)
"Naturopathic mobilization therapy" does not include manipulation as used in
Chapter 73, Chiropractic Physician Practice Act.
(11)
(a)
"Naturopathic physical medicine" means the use of the physical agents of air,
water, heat, cold, sound, light, and electromagnetic nonionizing radiation, and the
physical modalities of electrotherapy, acupuncture, diathermy, ultraviolet light,
ultrasound, hydrotherapy, naturopathic mobilization therapy, and exercise.
(b)
"Naturopathic physical medicine" does not include the practice of physical therapy
or physical rehabilitation.
(12)
"Naturopathic physician" means an individual licensed under this chapter to engage in
the practice of naturopathic medicine.
(13)
"Practice of naturopathic medicine" means:
(a)
a system of primary health care for the prevention, diagnosis, and treatment of
human health conditions, injuries, and diseases that uses education, natural
medicines, and natural therapies, to support and stimulate the patient's intrinsic
self-healing processes by:
(i)
using naturopathic childbirth, but only if:
(A)
the licensee meets standards of the American College of Naturopathic
Obstetricians (ACNO) or ACNO's successor as determined by the division in
collaboration with the board; and
(B)
the licensee follows a written plan for naturopathic physicians practicing
naturopathic childbirth approved by the division in collaboration with the
board, which includes entering into an agreement with a consulting physician
and surgeon or osteopathic physician, in cases where the scope of practice of
naturopathic childbirth may be exceeded and specialty care and delivery is
indicated, detailing the guidelines by which the naturopathic physician will:
(I)
refer patients to the consulting physician; and
(II)
consult with the consulting physician;
(ii)
using naturopathic mobilization therapy;
(iii)
using naturopathic physical medicine;
(iv)
using minor office procedures;
(v)
prescribing or administering natural medicine;
(vi)
prescribing medical equipment and devices, diagnosing by the use of medical
equipment and devices, and administering therapy or treatment by the use of
medical devices necessary and consistent with the competent practice of
naturopathic medicine;
(vii)
prescribing barrier devices for contraception;
(viii)
using dietary therapy;
(ix)
taking and using diagnostic x-rays, electrocardiograms, ultrasound, and
physiological function tests;
(x)
taking of body fluids for clinical laboratory tests and using the results of the tests
in diagnosis;
(xi)
taking of a history from and conducting of a physical examination upon a human
patient; and
(xii)
administering local anesthesia during the performance of a minor office
procedure;
(b)
to maintain an office or place of business for the purpose of doing any of the acts
described in Subsection
(13)(a)
, whether or not for compensation; or
(c)
to use, in the conduct of any occupation or profession pertaining to the diagnosis or
treatment of human diseases or conditions, in any printed material, stationery,
letterhead, envelopes, signs, or advertisements, the designation "naturopathic
physician," "naturopathic doctor," "naturopath," "doctor of naturopathic medicine,"
"doctor of naturopathy," "naturopathic medical doctor," "naturopathic medicine,"
"naturopathic health care," "naturopathy," "N.D.," "N.M.D.," or any combination of
these designations in any manner that might cause a reasonable person to believe the
individual using the designation is a licensed naturopathic physician.
(14)
"Prescribe" means to issue a prescription:
(a)
orally or in writing; or
(b)
by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
(15)
"Prescription device" means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent, or other similar or related article, and any
component part or accessory, which is required under federal or state law to be
prescribed by a practitioner and dispensed by or through a person licensed under this
chapter or exempt from licensure under this chapter.
(16)
"Prescription drug" means a drug that is required by federal or state law or rule to be
dispensed only by prescription or is restricted to administration only by practitioners.
(17)
"Unlawful conduct" means the same as that term is defined in Sections
58-1-501
and
58-71-501
.
(18)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
and
58-71-502
, and as may be further defined by division rule.
Section 152. Section
58-73-601
is amended to read:
58-73-601
Effective
05/06/26
. Scope of practice for a chiropractic physician.
(1)
A chiropractic physician licensed under this chapter may engage in the practice of
chiropractic as defined in Section
58-73-102
in accordance with the following standards.
(2)
A chiropractic physician may:
(a)
examine, diagnose, and treat only within the scope of chiropractic as described in this
Subsection
(2)
;
(b)
(i)
use x-ray for diagnostic purposes only; and
(ii)
order, for diagnostic purposes only:
(A)
ultrasound;
(B)
magnetic resonance imaging; and
(C)
computerized tomography;
(c)
administer:
(i)
physical agents, including light, heat, cold, water, air, sound, compression,
electricity, and electromagnetic radiation except gamma radiation; and
(ii)
physical activities and devices, including:
(A)
exercise with and without devices;
(B)
joint mobilization;
(C)
mechanical stimulation;
(D)
postural drainage;
(E)
traction;
(F)
positioning;
(G)
wound debridement, cleansing, and dressing changes;
(H)
splinting;
(I)
training in locomotion and other functional activities with and without
assistance devices; and
(J)
correction of posture, body mechanics, and gait;
(d)
administer the following topically applied medicinal agents, including steroids,
anesthetics, coolants, and analgesics for wound care and for musculoskeletal
treatment, including their use by iontophoresis or phonophoresis;
(e)
treat pain incident to major or minor surgery, cancer, obstetrics, or x-ray therapy;
(f)
utilize immobilizing appliances, casts, and supports for support purposes, but may
not set displaced bone fractures;
(g)
inform the patient of possible side effects of medication and recommend referral to
the prescribing practitioner;
(h)
provide instruction in the use of physical measures, activities, and devices for
preventive and therapeutic purposes;
(i)
provide consulting, educational, and other advisory services for the purposes of
reducing the incidence and severity of physical disability, movement dysfunctions,
bodily malfunction, and pain;
(j)
treat a human being to assess, prevent, correct, alleviate, and limit physical disability,
movement dysfunction, bodily malfunction, and pain resulting from disorders,
congenital and aging conditions, injury, and disease; and
(k)
administer, interpret, and evaluate tests.
(3)
A chiropractic physician may not:
(a)
perform incisive surgery;
(b)
administer drugs or medicines for which an authorized prescription is required by
law except as provided in Subsection
(2)(d)
;
(c)
treat cancer;
(d)
practice obstetrics;
(e)
prescribe or administer x-ray therapy; or
(f)
set displaced fractures.
(4)
A chiropractic physician shall assume responsibility for his examinations, diagnoses,
and treatment.
(5)
Nothing in this section authorizes a chiropractic physician to prescribe, possess for
dispensing, dispense, purchase without a prescription written by a licensed and
authorized practitioner, or administer, except under Subsection
(2)(d)
, a drug requiring a
prescription to dispense, under
Title 58, Chapter 37, Utah Controlled Substances Act
, or
Title 58, Chapter 17b, Pharmacy Practice Act
Chapter 17b, Pharmacy Practice Act, or
Chapter 37, Controlled Substances
.
(6)
Only primary health care providers licensed under this title as osteopathic physicians,
physicians and surgeons, naturopaths, and chiropractic physicians, may diagnose, adjust,
manipulate, or therapeutically position the articulation of the spinal column to the extent
permitted by their scopes of practice.
Section 153. Section
58-88-202
is amended to read:
58-88-202
Effective
05/06/26
. Dispensing practice -- Drugs that may be
dispensed -- Limitations and exceptions.
(1)
Notwithstanding Section
58-17b-302
, a dispensing practitioner may dispense a drug at a
licensed dispensing practice if the drug is:
(a)
packaged in a fixed quantity per package by:
(i)
the drug manufacturer;
(ii)
a pharmaceutical wholesaler or distributor; or
(iii)
a pharmacy licensed under Chapter 17b, Pharmacy Practice Act;
(b)
dispensed:
(i)
at a licensed dispensing practice at which the dispensing practitioner regularly
practices; and
(ii)
under a prescription issued by the dispensing practitioner to the dispensing
practitioner's patient;
(c)
except as provided in Subsection
(6)
, for a condition that is not expected to last
longer than 30 days; and
(d)
for a condition for which the patient has been evaluated by the dispensing
practitioner on the same day on which the dispensing practitioner dispenses the drug.
(2)
A dispensing practitioner may not dispense:
(a)
a controlled substance as defined in Section
58-37-2
58-37-101
;
(b)
a drug or class of drugs that is designated by the division under Subsection
58-88-205(2)
; or
(c)
a supply of a drug under this part that exceeds a 30-day supply.
(3)
A dispensing practitioner may not make a claim against workers' compensation or
automobile insurance for a drug dispensed under this part for outpatient use unless the
dispensing practitioner is contracted with a pharmacy network established by the claim
payor.
(4)
When a dispensing practitioner dispenses a drug to the patient under this part, a
dispensing practitioner shall:
(a)
disclose to the patient verbally and in writing that the patient is not required to fill the
prescription through the licensed dispensing practice and that the patient has a right
to fill the prescription through a pharmacy; and
(b)
if the patient will be responsible to pay cash for the drug, disclose:
(i)
that the patient will be responsible to pay cash for the drug; and
(ii)
the amount that the patient will be charged by the licensed dispensing practice for
the drug.
(5)
This part does not:
(a)
require a dispensing practitioner to dispense a drug under this part;
(b)
limit a health care prescriber from dispensing under Chapter 17b, Part 8, Dispensing
Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy; or
(c)
apply to a physician who dispenses:
(i)
a drug sample, as defined in Section
58-17b-102
, to a patient in accordance with
Section
58-1-501.3
or Section
58-17b-610
; or
(ii)
a drug in an emergency situation as defined by the division in rule under Chapter
17b, Pharmacy Practice Act.
(6)
A dispensing practitioner that is a dentist may dispense prescription fluoride medication
regardless of whether the condition the fluoride is treating will last longer than 30 days.
Section 154. Section
63A-17-102
is amended to read:
63A-17-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Agency" means any department or unit of Utah state government with authority to
employ personnel.
(2)
"Career service" means positions under schedule B as defined in Section
63A-17-301
.
(3)
"Career service employee" means an employee who has successfully completed a
probationary period of service in a position covered by the career service.
(4)
"Career service status" means status granted to employees who successfully complete
probationary periods for competitive career service positions.
(5)
"Classified service" means those positions subject to the classification and
compensation provisions of Section
63A-17-307
.
(6)
"Controlled substance" means controlled substance as defined in Section
58-37-2
58-37-101
.
(7)
(a)
"Demotion" means a disciplinary action resulting in a reduction of an employee's
current actual wage.
(b)
"Demotion" does not mean:
(i)
a nondisciplinary movement of an employee to another position without a
reduction in the current actual wage; or
(ii)
a reclassification of an employee's position under the provisions of Subsection
63A-17-307(3)
and rules made by the department.
(8)
"Director" means the director of the division.
(9)
"Disability" means a physical or mental disability as defined and protected under the
Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
(10)
"Division" means the Division of Human Resource Management, created in Section
63A-17-105
.
(11)
"Employee" means any individual in a paid status covered by the career service or
classified service provisions of this chapter.
(12)
"Examining instruments" means written or other types of proficiency tests.
(13)
"Human resource function" means those duties and responsibilities specified:
(a)
under Section
63A-17-106
;
(b)
under rules of the division; and
(c)
under other state or federal statute.
(14)
"Market comparability adjustment" means a salary range adjustment determined
necessary through a market survey of salary data and other relevant information.
(15)
"Probationary employee" means an employee serving a probationary period in a career
service position but who does not have career service status.
(16)
"Probationary period" means that period of time determined by the division that an
employee serves in a career service position as part of the hiring process before career
service status is granted to the employee.
(17)
"Probationary status" means the status of an employee between the employee's hiring
and the granting of career service status.
(18)
"Structure adjustment" means a division modification of salary ranges.
(19)
"Temporary employee" means a career service exempt employee described in
Subsection
63A-17-301(1)(r)
.
(20)
"Total compensation" means salaries and wages, bonuses, paid leave, group insurance
plans, retirement, and all other benefits offered to state employees as inducements to
work for the state.
Section 155. Section
63G-7-202
is amended to read:
63G-7-202
Effective
05/06/26
. Act provisions not construed as admission or
denial of liability -- Effect of waiver of immunity -- Exclusive remedy -- Joinder of
employee -- Limitations on personal liability -- Public duty does not create specific duty.
(1)
(a)
Nothing contained in this chapter, unless specifically provided, may be construed
as an admission or denial of liability or responsibility by or for a governmental entity
or its employees.
(b)
If immunity from suit is waived by this chapter, consent to be sued is granted, and
liability of the entity shall be determined as if the entity were a private person.
(c)
No cause of action or basis of liability is created by any waiver of immunity in this
chapter, nor may any provision of this chapter be construed as imposing strict
liability or absolute liability.
(2)
Nothing in this chapter may be construed as adversely affecting any immunity from suit
that a governmental entity or employee may otherwise assert under state or federal law.
(3)
(a)
Except as provided in Subsection
(3)(c)
, an action under this chapter against a
governmental entity for an injury caused by an act or omission that occurs during the
performance of an employee's duties, within the scope of employment, or under color
of authority is a plaintiff's exclusive remedy.
(b)
Judgment under this chapter against a governmental entity is a complete bar to any
action by the claimant, based upon the same subject matter, against the employee
whose act or omission gave rise to the claim.
(c)
A plaintiff may not bring or pursue any civil action or proceeding based upon the
same subject matter against the employee or the estate of the employee whose act or
omission gave rise to the claim, unless:
(i)
the employee acted or failed to act through fraud or willful misconduct;
(ii)
the injury or damage resulted from the employee driving a vehicle, or being in
actual physical control of a vehicle:
(A)
with a blood alcohol content equal to or greater by weight than the established
legal limit;
(B)
while under the influence of alcohol or any drug to a degree that rendered the
person incapable of safely driving the vehicle; or
(C)
while under the combined influence of alcohol and any drug to a degree that
rendered the person incapable of safely driving the vehicle;
(iii)
injury or damage resulted from the employee being physically or mentally
impaired so as to be unable to reasonably perform the employee's job function
because of:
(A)
the use of alcohol;
(B)
the nonprescribed use of a controlled substance as defined in Section
58-37-4
58-37-108
; or
(C)
the combined influence of alcohol and a nonprescribed controlled substance as
defined by Section
58-37-4
58-37-108
;
(iv)
in a judicial or administrative proceeding, the employee intentionally or
knowingly gave, upon a lawful oath or in any form allowed by law as a substitute
for an oath, false testimony material to the issue or matter of inquiry under this
section; or
(v)
the employee intentionally or knowingly:
(A)
fabricated evidence; or
(B)
except as provided in Subsection
(3)(d)
, with a conscious disregard for the
rights of others, failed to disclose evidence that:
(I)
was known to the employee; and
(II)
(Aa)
was known by the employee to be relevant to a material issue or
matter of inquiry in a pending judicial or administrative proceeding, if
the employee knew of the pending judicial or administrative proceeding;
or
(Bb)
was known by the employee to be relevant to a material issue or matter
of inquiry in a judicial or administrative proceeding, if disclosure of the
evidence was requested of the employee by a party to the proceeding or
counsel for a party to the proceeding.
(d)
The exception, described in Subsection
(3)(c)(v)(B)
, allowing a plaintiff to bring or
pursue a civil action or proceeding against an employee, does not apply if the
employee failed to disclose evidence described in Subsection
(3)(c)(v)(B)
, because
the employee is prohibited by law from disclosing the evidence.
(4)
Except as permitted in Subsection
(3)(c)
, no employee may be joined or held personally
liable for acts or omissions occurring:
(a)
during the performance of the employee's duties;
(b)
within the scope of employment; or
(c)
under color of authority.
(5)
A general duty that a governmental entity owes to the public does not create a specific
duty to an individual member of the public, unless there is a special relationship between
the governmental entity and the individual member of the public.
Section 156. Section
63I-1-258
is amended to read:
63I-1-258
Effective
05/06/26
. Repeal dates: Title 58.
(1)
Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed
July 1, 2026.
(2)
Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2035.
(3)
Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1, 2028.
(4)
Section
58-37-3.5
58-37-309
, Drugs for behavioral health treatment, is repealed July 1,
2027.
(5)
Subsection
58-37-6(7)(f)(iii)
58-37-304(6)(d)
, regarding a seven-day opiate supply
restriction, is repealed July 1, 2032.
(6)
Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2033.
(7)
Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
repealed July 1, 2029.
(8)
Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July 1,
2033.
(9)
Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2034.
(10)
Subsection
58-47b-102(8)
, defining massage assistant, is repealed July 1, 2029.
(11)
Subsection
58-47b-102(9)
, defining massage assistant-in-training, is repealed July 1,
2029.
(12)
Subsection
58-47b-302(1)
, regarding applicant for a massage assistant-in-training, is
repealed July 1, 2029.
(13)
Subsection
58-47b-302(2)
, regarding applicant for a massage assistant, is repealed July
1, 2029.
(14)
Subsection
58-47b-303(3)(b)
, regarding expiration of a massage assistant-in-training
license, is repealed July 1, 2029.
(15)
Subsection
58-55-201(2)
, regarding the Alarm System and Security Licensing
Advisory Board, is repealed July 1, 2027.
(16)
Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1, 2026.
Section 157. Section
64-13-45
is amended to read:
64-13-45
Effective
05/06/26
. Department reporting requirements.
(1)
As used in this section:
(a)
"Biological sex at birth" means the same as that term is defined in Section
26B-8-101
.
(b)
(i)
"In-custody death" means an inmate death that occurs while the inmate is in the
custody of the department.
(ii)
"In-custody death" includes an inmate death that occurs while the inmate is:
(A)
being transported for medical care; or
(B)
receiving medical care outside of a correctional facility, other than a county
jail.
(c)
"Inmate" means an individual who is processed or booked into custody or housed in
the department or a correctional facility other than a county jail.
(d)
"Opiate" means the same as that term is defined in Section
58-37-2
58-37-101
.
(e)
"Transgender inmate" means the same as that term is defined in Section
64-13-7
.
(2)
The department shall submit a report to the Commission on Criminal and Juvenile
Justice created in Section
63M-7-201
before June 15 of each year that includes:
(a)
the number of in-custody deaths that occurred during the preceding calendar year,
including:
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors
of each of the in-custody deaths described in
this
Subsection
(2)(a)
; and
(ii)
the department's policy for notifying an inmate's next of kin after the inmate's
in-custody death;
(b)
the department policies, procedures, and protocols:
(i)
for treatment of an inmate experiencing withdrawal from alcohol or substance use,
including use of opiates;
(ii)
that relate to the department's provision, or lack of provision, of medications used
to treat, mitigate, or address an inmate's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii)
that relate to screening, assessment, and treatment of an inmate for a substance
use disorder or mental health disorder;
(c)
the number of inmates who gave birth and were restrained in accordance with
Section
64-13-46
, including:
(i)
the types of restraints used; and
(ii)
whether the use of restraints was to prevent escape or to ensure the safety of the
inmate, medical or corrections staff, or the public;
(d)
the number of transgender inmates that are assigned to a living area with inmates
whose biological sex at birth do not correspond with the transgender inmate's
biological sex at birth in accordance with Section
64-13-7
, including:
(i)
the results of the individualized security analysis conducted for each transgender
inmate in accordance with Subsection
64-13-7(5)(a)
; and
(ii)
a detailed explanation regarding how the security conditions described in
Subsection
64-13-7(5)(b)
are met for each transgender inmate;
(e)
the number of transgender inmates that were:
(i)
assigned to a living area with inmates whose biological sex at birth do not
correspond with the transgender inmate's biological sex at birth; and
(ii)
removed and assigned to a living area with inmates whose biological sex at birth
corresponds with the transgender inmate's biological sex at birth in accordance
with Subsection
64-13-7(6)
; and
(f)
any report the department provides or is required to provide under federal law or
regulation relating to inmate deaths.
(3)
The Commission on Criminal and Juvenile Justice shall:
(a)
compile the information from the reports described in Subsection
(2)
;
(b)
omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law
; and
(c)
submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the Utah Substance Use and Mental Health Advisory Committee
before November 1 of each year.
(4)
The Commission on Criminal and Juvenile Justice may not provide access to or use the
department's policies, procedures, or protocols submitted under this section in a manner
or for a purpose not described in this section.
Section 158. Section
64-14-204
is amended to read:
64-14-204
Effective
05/06/26
. Supervision of sentenced offenders placed in
community -- Rulemaking -- POST certified parole or probation officers and peace
officers -- Duties -- Supervision fee -- Coordination with local mental health authority.
(1)
(a)
The division, except as otherwise provided by law, shall supervise a sentenced
offender placed in the community if the offender:
(i)
(A)
is placed on probation by a court;
(B)
is released on parole by the Board of Pardons and Parole; or
(C)
is accepted for supervision under the terms of the Interstate Compact for the
Supervision of Parolees and Probationers; and
(ii)
has been convicted of:
(A)
a felony;
(B)
a class A misdemeanor when an element of the offense is the use or attempted
use of physical force against an individual or property; or
(C)
notwithstanding Subsection
(1)(a)(ii)(B)
, a class A misdemeanor if the
division is ordered by a court to supervise the offender under Section
77-18-105
.
(b)
If a sentenced offender participates in substance use treatment or a residential
vocational or life skills program, as defined in Section
13-53-102
, while under
supervision on probation or parole, the division shall monitor the offender's
compliance with and completion of the treatment or program.
(c)
The department shall establish standards for:
(i)
the supervision of offenders in accordance with the adult sentencing and
supervision length guidelines, as defined in Section
63M-7-401.1
, giving priority,
based on available resources, to felony offenders and offenders sentenced under
Subsection
58-37-8 (2)(b)(ii)
76-18-207(3)(b)(i)
or
(3)(c)(i)
, or sentenced under
an offense described in a statute previously in effect in this state that is the same
or substantially similar to a violation of an offense described in Subsection
76-18-207(3)(b)(i)
or
(3)(c)(i)
; and
(ii)
the monitoring described in Subsection
(1)(b)
.
(2)
The division shall apply the graduated and evidence-based responses established in the
adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
,
to facilitate a prompt and appropriate response to an individual's violation of the terms of
probation or parole, including:
(a)
sanctions to be used in response to a violation of the terms of probation or parole; and
(b)
requesting approval from the court or Board of Pardons and Parole to impose a
sanction for an individual's violation of the terms of probation or parole, for a period
of incarceration of not more than three consecutive days and not more than a total of
six days within a period of 30 days.
(3)
The division shall implement a program of graduated incentives as established in the
adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
to facilitate the department's prompt and appropriate response to an offender's:
(a)
compliance with the terms of probation or parole; or
(b)
positive conduct that exceeds those terms.
(4)
(a)
The department shall, in collaboration with the State Commission on Criminal and
Juvenile Justice and the Division of Substance Use and Mental Health, create
standards and procedures for the collection of information, including cost savings
related to recidivism reduction and the reduction in the number of inmates, related to
the use of the graduated and evidence-based responses and graduated incentives, and
offenders' outcomes.
(b)
The collected information shall be provided to the State Commission on Criminal
and Juvenile Justice not less frequently than annually on or before August 31.
(5)
Employees of the division who are POST certified as law enforcement officers or
correctional officers and who are designated as parole and probation officers by the
executive director have the following duties:
(a)
monitoring, investigating, and supervising a parolee's or probationer's compliance
with the conditions of the parole or probation agreement;
(b)
investigating or apprehending any offender who has escaped from the custody of the
department or absconded from supervision by the division;
(c)
supervising any offender during transportation; or
(d)
collecting DNA specimens when the specimens are required under Section
53-10-404
.
(6)
(a)
(i)
A monthly supervision fee of $30 shall be collected from each offender on
probation or parole.
(ii)
The fee described in Subsection
(6)(a)(i)
may be suspended or waived by the
division upon a showing by the offender that imposition would create a substantial
hardship or if the offender owes restitution to a victim.
(b)
(i)
The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying the criteria for suspension or waiver
of the supervision fee and the circumstances under which an offender may request
a hearing.
(ii)
In determining whether the imposition of the supervision fee would constitute a
substantial hardship, the division shall consider the financial resources of the
offender and the burden that the fee would impose, with regard to the offender's
other obligations.
(c)
The division shall deposit money received from the monthly supervision fee
established in this Subsection
(6)
into the General Fund as a parole and probation
dedicated credit to be used to cover costs incurred in the collection of the fee and in
the development of offender supervision programs.
(7)
(a)
For offenders placed on probation under Section
77-18-105
or parole under
Subsection
76-3-202(2)(a)
on or after October 1, 2015, but before January 1, 2019,
the division shall establish a program allowing an offender to earn a reduction credit
of 30 days from the offender's period of probation or parole for each month the
offender complies with the terms of the offender's probation or parole agreement,
including the case action plan.
(b)
(i)
For offenders placed on probation under Section
77-18-105
or parole under
Section
76-3-202
on or after July 1, 2026, the division shall establish a program,
consistent with the adult sentencing and supervision length guidelines, as defined
in Section
63M-7-401.1
, to provide incentives for an offender that maintains
eligible employment, as defined in Section
64-13g-101
.
(ii)
The program under Subsection
(7)(b)(i)
may include a credit towards the
reduction of the length of supervision for an offender at a rate of up to 30 days for
each month that the offender maintains eligible employment, as defined in Section
64-13g-101
.
(iii)
A court, or the Board of Pardons and Parole, is not required to grant a request for
termination of supervision under the program described in this Subsection
(7)(b)
if
the court, or the Board of Pardons and Parole, finds that:
(A)
the offender presents a substantial risk to public safety;
(B)
termination would prevent the offender from completing risk reduction
programming or treatment; or
(C)
the eligibility criteria for termination of supervision, as established in the adult
sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
, have not been met.
(iv)
This Subsection
(7)(b)
does not prohibit the division, or another supervision
services provider, from requesting termination of supervision based on the
eligibility criteria in the adult sentencing and supervision length guidelines, as
defined in Section
63M-7-401.1
.
(c)
The division shall:
(i)
maintain a record of credits earned by an offender under this Subsection
(7)
; and
(ii)
request from the court or the Board of Pardons and Parole the termination of
probation or parole not fewer than 30 days prior to the termination date that
reflects the credits earned under this Subsection
(7)
.
(d)
This Subsection
(7)
does not prohibit the division from requesting a termination date
earlier than the termination date established by earned credits under Subsection
(7)(c)
.
(e)
The court or the Board of Pardons and Parole shall terminate an offender's probation
or parole upon completion of the period of probation or parole accrued by time
served and credits earned under this Subsection
(7)
unless the court or the Board of
Pardons and Parole finds that termination would interrupt the completion of a
necessary treatment program, in which case the termination of probation or parole
shall occur when the treatment program is completed.
(f)
The department shall report annually to the State Commission on Criminal and
Juvenile Justice on or before August 31:
(i)
the number of offenders who have earned probation or parole credits under this
Subsection
(7)
in one or more months of the preceding fiscal year and the
percentage of the offenders on probation or parole during that time that this
number represents;
(ii)
the average number of credits earned by those offenders who earned credits;
(iii)
the number of offenders who earned credits by county of residence while on
probation or parole;
(iv)
the cost savings associated with sentencing reform programs and practices; and
(v)
a description of how the savings will be invested in treatment and
early-intervention programs and practices at the county and state levels.
(8)
(a)
The department shall coordinate with a local mental health authority to complete
the requirements of this Subsection
(8)
for an offender who:
(i)
is a habitual offender as that term is defined in Section
77-18-102
;
(ii)
has a mental illness as that term is defined in Section
26B-5-301
; and
(iii)
based on a risk and needs assessment:
(A)
is at a high risk of reoffending; and
(B)
has risk factors that may be addressed by available community-based services.
(b)
For an offender described in Subsection
(8)(a)
, at any time clinically appropriate or
at least three months before termination of an offender's parole or expiration of an
offender's sentence, the department shall coordinate with the Department of Health
and Human Services and the relevant local mental health authority to provide
applicable clinical assessments and transitional treatment planning and services for
the offender so that the offender may receive appropriate treatment and support
services after the termination of parole or expiration of sentence.
(c)
The local mental health authority may determine whether the offender:
(i)
meets the criteria for civil commitment;
(ii)
meets the criteria for assisted outpatient treatment; or
(iii)
would benefit from assignment to an assertive community treatment team or
available community-based services.
(d)
Based on the local mental health authority's determination under Subsection
(8)(c)
,
the local mental health authority shall, as appropriate:
(i)
initiate an involuntary commitment court proceeding;
(ii)
file a written application for assisted outpatient treatment; or
(iii)
seek to have the offender assigned to an assertive community treatment team or
available community-based services.
(e)
On or before November 1, 2025, the department shall provide a report to the Law
Enforcement and Criminal Justice Interim Committee regarding any proposed
changes to the requirements in this Subsection
(8)
, including whether the
requirements of this Subsection
(8)
should also apply to any other category of
offenders.
Section 159. Section
67-5-36
is amended to read:
67-5-36
Effective
05/06/26
. Drug Disposal Program.
(1)
As used in the section:
(a)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(b)
"Department" means the Department of Environmental Quality.
(c)
"Environmentally friendly" means a controlled substance that is rendered:
(i)
non-retrievable, as determined by the attorney general in consultation with the
department;
(ii)
non-hazardous, as determined by the department; and
(iii)
permissible to dispose in a landfill in a manner that does not violate state or
federal law relating to surface water or groundwater.
(d)
"Home controlled substance disposal receptacle" means a receptacle provided by the
program that can be used by an individual to render a small amount of controlled
substances at an individual's residence non-retrievable and environmentally friendly.
(e)
"Non-retrievable" means the same as that term is defined in 21 C.F.R. 1300.05.
(f)
"Program" means the Drug Disposal Program described in this section.
(g)
"Repository" means a controlled substance disposal repository described in
Subsection
(3)
.
(2)
The attorney general may, in coordination with the department and within funds
available for this purpose, administer a program, known as the Drug Disposal Program,
to provide for the safe, secure, and environmentally friendly disposal of controlled
substances in the state.
(3)
The attorney general and the department, in developing and implementing the program:
(a)
may work with law enforcement agencies, pharmacies, hospitals, and other entities to
ensure that one or more repositories are present in each county in the state;
(b)
shall ensure that each repository:
(i)
renders a controlled substance placed in the repository non-retrievable and
environmentally friendly, onsite; and
(ii)
is secure from tampering or unauthorized removal;
(c)
may require verification that:
(i)
a repository complies with Subsection
(3)(b)
; and
(ii)
a home controlled substance disposal receptacle renders a controlled substance
non-retrievable and environmentally friendly;
(d)
shall ensure that the program operates in accordance with Drug Enforcement
Administration rules; and
(e)
may publish, on the websites of the attorney general's office and the department:
(i)
a list of the location of each repository in the state; and
(ii)
if home controlled substance disposal receptacles are used as part of the program,
information on how to obtain a home controlled substance disposal receptacle.
(4)
The attorney general may, instead of, or in addition to, establishing a repository in a
county, establish a process for residents of the county to obtain a home controlled
substance disposal receptacle.
(5)
A state or local government entity, other than the attorney general's office, the
department, or a designee of the department, may not:
(a)
regulate the disposal of a controlled substance rendered non-retrievable in a
repository or home controlled substance disposal receptacle differently, or more
strictly, than disposal of non-hazardous household waste;
(b)
regulate or restrict the location of a repository or the distribution of a home
controlled substance disposal receptacle; or
(c)
otherwise take action to regulate or interfere with administration of the program.
(6)
This section does not prohibit the disposal of a controlled substance:
(a)
in a receptacle that does not qualify as a repository if:
(i)
the receptacle is located on the premises of an entity authorized by Drug
Enforcement Administration rules to accept a controlled substance for subsequent
disposal; and
(ii)
the entity described in Subsection
(6)(a)(i)
ensures that the controlled substance is
managed in a manner permitted by Drug Enforcement Administration rule; or
(b)
disposed at a facility that has received the approval required under Section
19-6-108
.
(7)
Unless otherwise agreed by the attorney general, an entity described in Subsection
(3)(a)
that permits the placement of a repository on property owned or controlled by the entity
will dispose of a controlled substance placed in the repository after the controlled
substance is rendered environmentally friendly.
Section 160. Section
76-3-203.11
is amended to read:
76-3-203.11
Effective
05/06/26
. Reporting an overdose -- Mitigating factor.
(1)
As used in this section, "good faith" does not include seeking medical assistance under
this section during the course of a law enforcement agency's execution of a search
warrant, execution of an arrest warrant, or other lawful search.
(2)
It is a mitigating factor in sentencing for an offense under
Title 58, Chapter 37,
Utah Controlled Substances Act
,
Chapter 18, Part 2, Offenses Concerning Controlled
Substances, or Title 58, Chapter 37, Controlled Substances,
that the person or bystander:
(1)
(a)
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)
(b)
reports, or assists a person who reports, in good faith the overdose event 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)
a functional description of the
location of the actual overdose event that facilitates responding to the person
experiencing the overdose event;
(4)
(d)
remains at the location of the person experiencing the overdose event 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 is located until a responding law enforcement officer arrives;
(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 and any substances the person may have
injected, inhaled, or otherwise introduced into the person's body; and
(6)
(f)
committed the offense in the same course of events from which the reported
overdose arose.
Section 161. Section
76-5-102.1
is amended to read:
76-5-102.1
Effective
05/06/26
. Negligently operating a vehicle resulting in
injury.
(1)
(a)
As used in this section:
(i)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(ii)
"Drug" means the same as that term is defined in Section
76-5-207
.
(iii)
"Negligent" or "negligence" means the same as that term is defined in Section
76-5-207
.
(iv)
"Vehicle" means the same as that term is defined in Section
41-6a-501
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits negligently operating a vehicle resulting in injury if the actor:
(a)
(i)
operates a vehicle in a negligent manner causing bodily injury to another; and
(ii)
(A)
has sufficient alcohol in the actor's body such that a subsequent chemical
test shows that the actor has a blood or breath alcohol concentration of .05
grams or greater at the time of the test;
(B)
is under the influence of alcohol, a drug, or the combined influence of alcohol
and a drug to a degree that renders the actor incapable of safely operating a
vehicle; or
(C)
has a blood or breath alcohol concentration of .05 grams or greater at the time
of operation; or
(b)
(i)
operates a vehicle in a criminally negligent manner causing bodily injury to
another; and
(ii)
has in the actor's body any measurable amount of a controlled substance.
(3)
Except as provided in Subsection
(4)
, a violation of Subsection
(2)
is:
(a)
(i)
a class A misdemeanor; or
(ii)
a third degree felony if the actor has two or more driving under the influence
related convictions under Subsection
41-6a-501(2)(a)
, each of which is within 10
years of:
(A)
the current conviction; or
(B)
the commission of the offense upon which the current conviction is based;
(iii)
a third degree felony, if the current conviction is at any time after the conviction
of:
(A)
a conviction, as the term conviction is defined in Subsection
41-6a-501(2)
,
that is a felony; or
(B)
any conviction described in Subsection
(3)(a)(iii)(A)
for which judgment of
conviction is reduced under Section
76-3-402
; or
(iv)
a third degree felony if the bodily injury is serious bodily injury; and
(b)
a separate offense for each victim suffering bodily injury as a result of the actor's
violation of this section, regardless of whether the injuries arise from the same
episode of driving.
(4)
An actor is not guilty of negligently operating a vehicle resulting in injury under
Subsection
(2)(b)
if:
(a)
the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional
practice, or as otherwise authorized by Title 58, Occupations and Professions;
(b)
the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c)
the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
58-37-109
if:
(i)
the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section
58-37-6
58-37-105
or
58-37-113
;
and
(ii)
the substance was administered to the actor by the medical researcher.
(5)
(a)
A judge imposing a sentence under this section may consider:
(i)
the adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
;
(ii)
the defendant's history;
(iii)
the facts of the case;
(iv)
aggravating and mitigating factors; or
(v)
any other relevant fact.
(b)
The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section
41-6a-505
.
(c)
The standards for chemical breath analysis under Section
41-6a-515
and the
provisions for the admissibility of chemical test results under Section
41-6a-516
apply to determination and proof of blood alcohol content under this section.
(d)
A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection
41-6a-502(3)
.
(e)
Except as provided in Subsection
(4)
, the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f)
Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except if prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g)
In accordance with Subsection
77-2a-3(8)
, a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
(6)
(a)
A judge imposing a sentence under this section shall designate the defendant as an
interdicted person, as that term is defined in Section
32B-1-102
, for a period of time
not to exceed the probationary period, unless the court finds good cause to order a
shorter or longer time.
(b)
If a court designates a person as an interdicted person as provided in Subsection
(6)(a)
, the court shall:
(i)
require the person to surrender the person's identification card or driver license;
(ii)
notify the Driver License Division that the person is an interdicted person; and
(iii)
provide the person's identification card or driver license to the Driver License
Division.
(7)
If a minor who is under 18 years old is found by a court to have violated Subsection
(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 described in
Subsection
(7)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(7)(b)
.
Section 162. Section
76-5-112.5
is amended to read:
76-5-112.5
Effective
05/06/26
. Endangerment of a child or vulnerable adult.
(1)
(a)
As used in this section:
(i)
(A)
"Chemical substance" means:
(I)
a substance intended to be used as a precursor in the manufacture of a
controlled substance;
(II)
a substance intended to be used in the manufacture of a controlled
substance; or
(III)
any fumes or by-product resulting from the manufacture of a controlled
substance.
(B)
Intent under this Subsection
(1)(a)(i)
may be demonstrated by:
(I)
the use, quantity, or manner of storage of the substance; or
(II)
the proximity of the substance to other precursors or to manufacturing
equipment.
(ii)
"Child" means an individual who is under 18 years old.
(iii)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(iv)
"Drug paraphernalia" means the same as that term is defined in Section
58-37a-3
76-18-301
.
(v)
"Exposed to" means that the child or vulnerable adult:
(A)
is able to access an unlawfully possessed:
(I)
controlled substance; or
(II)
chemical substance;
(B)
has the reasonable capacity to access drug paraphernalia; or
(C)
is able to smell an odor produced during, or as a result of, the manufacture or
production of a controlled substance.
(vi)
"Prescription" means the same as that term is defined in Section
58-37-2
58-37-101
.
(vii)
"Vulnerable adult" means the same as that term is defined in Section
76-5-111
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits endangerment of a child or vulnerable adult if the actor knowingly or
intentionally causes or permits a child or a vulnerable adult to be exposed to, inhale,
ingest, or have contact with a controlled substance, chemical substance, or drug
paraphernalia.
(3)
(a)
A violation of Subsection
(2)
is a third degree felony.
(b)
Notwithstanding Subsection
(3)(a)
, a violation of Subsection
(2)
is a second degree
felony if:
(i)
the actor engages in the conduct described in Subsection
(2)
; and
(ii)
as a result of the conduct described in Subsection
(2)
, the child or the vulnerable
adult suffers bodily injury, substantial bodily injury, or serious bodily injury.
(c)
Notwithstanding Subsection
(3)(a)
or
(b)
, a violation of Subsection
(2)
is a first
degree felony if:
(i)
the actor engages in the conduct described in Subsection
(2)
; and
(ii)
as a result of the conduct described in Subsection
(2)
, the child or the vulnerable
adult dies.
(4)
(a)
Notwithstanding Subsection
(3)
, a child may not be subjected to delinquency
proceedings for a violation of Subsection
(2)
unless:
(i)
the child is 15 years old or older; and
(ii)
the other child who is exposed to or inhales, ingests, or has contact with the
controlled substance, chemical substance, or drug paraphernalia, is under 12 years
old.
(b)
It is an affirmative defense to a violation of this section that the controlled substance:
(i)
was obtained by lawful prescription or in accordance with
Title 26B, Chapter 4,
Part 2, Cannabinoid Research and Medical Cannabis
; and
(ii)
is used or possessed by the individual to whom the controlled substance was
lawfully prescribed or recommended to under
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
.
(5)
The penalties described in this section are separate from, and in addition to, the
penalties and enhancements described in
Title 58, Occupations and Professions
.
(6)
If an offense committed under this section amounts to an offense subject to a greater
penalty under another provision of state law, this section does not prohibit prosecution
and sentencing for the more serious offense.
Section 163. Section
76-5-113
is amended to read:
76-5-113
Effective
05/06/26
. Surreptitious administration of certain substances
-- Definitions -- Penalties -- Defenses.
(1)
(a)
As used in this section:
(i)
"Administer" means the introduction of a substance into the body by injection,
inhalation, ingestion, or by any other means.
(ii)
"Alcoholic beverage" means the same as that term is defined in Section
32B-1-102
.
(iii)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(iv)
"Deleterious substance" means a substance which, if administered, would likely
cause bodily injury.
(v)
"Health care provider" means the same as that term is defined in Section
78B-3-403
.
(vi)
"Poisonous" means a substance which, if administered, would likely cause
serious bodily injury or death.
(vii)
"Prescription drug" means the same as that term is defined in Section
58-17b-102
.
(viii)
"Serious bodily injury" means the same as that term is defined in Section
19-2-115
.
(ix)
"Substance" means a controlled substance, poisonous substance, or deleterious
substance.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits surreptitious administration of a certain substance if the actor,
surreptitiously or by means of fraud, deception, or misrepresentation, causes an
individual to unknowingly consume or receive the administration of:
(a)
any poisonous, deleterious, or controlled substance; or
(b)
any alcoholic beverage.
(3)
A violation of Subsection
(2)
is:
(a)
a second degree felony if the substance is a poisonous substance, regardless of
whether the substance is a controlled substance or a prescription drug;
(b)
a third degree felony if the substance is not within the scope of Subsection
(3)(a)
,
and is a controlled substance or a prescription drug; or
(c)
a class A misdemeanor if the substance is a deleterious substance or an alcoholic
beverage.
(4)
(a)
It is an affirmative defense to a prosecution under Subsection
(2)
that the actor:
(i)
provided the appropriate administration of a prescription drug; and
(ii)
acted on the reasonable belief that the actor's conduct was in the best interest of
the well-being of the individual to whom the prescription drug was administered.
(b)
(i)
The defendant shall file and serve on the prosecuting attorney a notice in
writing of the defendant's intention to claim a defense under Subsection
(4)(a)
not
fewer than 20 days before the trial.
(ii)
The notice shall specifically identify the factual basis for the defense and the
names and addresses of the witnesses the defendant proposes to examine to
establish the defense.
(c)
(i)
The prosecuting attorney shall file and serve the defendant with a notice
containing the names and addresses of the witnesses the prosecutor proposes to
examine in order to contradict or rebut the defendant's claim of an affirmative
defense under Subsection
(4)(a)
.
(ii)
This notice shall be filed or served not more than 10 days after receipt of the
defendant's notice under Subsection
(4)(b)
, or at another time as the court may
direct.
(d)
(i)
Failure of a party to comply with the requirements of Subsection
(4)(b)
or
(4)(c)
entitles the opposing party to a continuance to allow for preparation.
(ii)
If the court finds that a party's failure to comply is the result of bad faith, it may
impose appropriate sanctions.
(5)
(a)
This section does not diminish the scope of authorized health care by a health care
provider.
(b)
Conduct in violation of Subsection
(2)
may also constitute a separate offense.
Section 164. Section
76-5-203
is amended to read:
76-5-203
Effective
05/06/26
. Murder -- Penalties-- Affirmative defense and
special mitigation -- Separate offenses.
(1)
(a)
As used in this section, "predicate offense" means:
(i)
a clandestine drug lab violation under Section
58-37d-4
or
58-37d-5
76-18-506
;
(ii)
aggravated child abuse, under Subsection
76-5-109.2(3)(a)
, when the abused
individual is younger than 18 years old;
(iii)
child torture under Section
76-5-109.4
;
(iv)
kidnapping under Section
76-5-301
;
(v)
child kidnapping under Section
76-5-301.1
;
(vi)
aggravated kidnapping under Section
76-5-302
;
(vii)
rape under Section
76-5-402
;
(viii)
rape of a child under Section
76-5-402.1
;
(ix)
object rape under Section
76-5-402.2
;
(x)
object rape of a child under Section
76-5-402.3
;
(xi)
forcible sodomy under Section
76-5-403
;
(xii)
sodomy upon a child under Section
76-5-403.1
;
(xiii)
forcible sexual abuse under Section
76-5-404
;
(xiv)
sexual abuse of a child under Section
76-5-404.1
;
(xv)
aggravated sexual abuse of a child under Section
76-5-404.3
;
(xvi)
aggravated sexual assault under Section
76-5-405
;
(xvii)
arson under Section
76-6-102
;
(xviii)
aggravated arson under Section
76-6-103
;
(xix)
burglary under Section
76-6-202
;
(xx)
aggravated burglary under Section
76-6-203
;
(xxi)
robbery under Section
76-6-301
;
(xxii)
aggravated robbery under Section
76-6-302
;
(xxiii)
escape under Section
76-8-309
;
(xxiv)
aggravated escape under Section
76-8-309.3
; or
(xxv)
a violation of Section
76-11-209
or
76-11-210
regarding discharge of a firearm
or dangerous weapon.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits murder if:
(a)
the actor intentionally or knowingly causes the death of another individual;
(b)
intending to cause serious bodily injury to another individual, the actor commits an
act clearly dangerous to human life that causes the death of the other individual;
(c)
acting under circumstances evidencing a depraved indifference to human life, the
actor knowingly engages in conduct that creates a grave risk of death to another
individual and thereby causes the death of the other individual;
(d)
(i)
the actor is engaged in the commission, attempted commission, or immediate
flight from the commission or attempted commission of any predicate offense, or
is a party to the predicate offense;
(ii)
an individual other than a party described in Section
76-2-202
is killed in the
course of the commission, attempted commission, or immediate flight from the
commission or attempted commission of any predicate offense; and
(iii)
the actor acted with the intent required as an element of the predicate offense;
(e)
the actor recklessly causes the death of a peace officer or military service member in
uniform while in the commission or attempted commission of:
(i)
an assault against a peace officer under Section
76-5-102.4
;
(ii)
interference with a peace officer while making a lawful arrest under Section
76-8-305
if the actor uses force against the peace officer; or
(iii)
an assault against a military service member in uniform under Section
76-5-102.4
;
or
(f)
the actor commits a homicide that would be aggravated murder, but the offense is
reduced in accordance with Subsection
76-5-202(4)
.
(3)
(a)
(i)
A violation of Subsection
(2)
is a first degree felony.
(ii)
A defendant who is convicted of murder shall be sentenced to imprisonment for
an indeterminate term of not less than 15 years and which may be for life.
(b)
Notwithstanding Subsection
(3)(a)
, if the trier of fact finds the elements of murder,
or alternatively, attempted murder, as described in this section are proved beyond a
reasonable doubt, and also finds that the existence of special mitigation is established
by a preponderance of the evidence and in accordance with Section
76-5-205.5
, the
court shall enter a judgment of conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall,
notwithstanding Subsection
76-4-102(1)(b)
or
76-4-102(1)(c)
, enter a judgment of
conviction for attempted manslaughter.
(4)
(a)
It is an affirmative defense to a charge of murder or attempted murder that the
defendant caused the death of another individual or attempted to cause the death of
another individual under a reasonable belief that the circumstances provided a legal
justification or excuse for the conduct although the conduct was not legally justifiable
or excusable under the existing circumstances.
(b)
The reasonable belief of the actor under Subsection
(4)(a)
shall be determined from
the viewpoint of a reasonable person under the then existing circumstances.
(c)
Notwithstanding Subsection
(3)(a)
, if the trier of fact finds the elements of murder, or
alternatively, attempted murder, as described in this section are proved beyond a
reasonable doubt, and also finds the affirmative defense described in this Subsection
(4)
is not disproven beyond a reasonable doubt, the court shall enter a judgment of
conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall
enter a judgment of conviction for attempted manslaughter.
(5)
(a)
Any predicate offense that constitutes a separate offense does not merge with the
crime of murder.
(b)
An actor who is convicted of murder, based on a predicate offense that constitutes a
separate offense, may also be convicted of, and punished for, the separate offense.
Section 165. Section
76-5-207
is amended to read:
76-5-207
Effective
05/06/26
. Automobile homicide -- Penalties -- Evidence.
(1)
(a)
As used in this section:
(i)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(ii)
"Criminally negligent" means the same as that term is described in Subsection
76-2-103(4)
.
(iii)
"Drug" means:
(A)
a controlled substance;
(B)
a drug as defined in Section
58-37-2
58-37-101
; or
(C)
a substance that, when knowingly, intentionally, or recklessly taken into the
human body, can impair the ability of an individual to safely operate a vehicle.
(iv)
"Negligent" or "negligence" means simple negligence, the failure to exercise that
degree of care that reasonable and prudent persons exercise under like or similar
circumstances.
(v)
"Vehicle" means the same as that term is defined in Section
41-6a-501
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits automobile homicide if the actor:
(a)
(i)
operates a vehicle in a negligent or criminally negligent manner causing the
death of another individual; and
(ii)
(A)
has sufficient alcohol in the actor's body such that a subsequent chemical
test shows that the actor has a blood or breath alcohol concentration of .05
grams or greater at the time of the test;
(B)
is under the influence of alcohol, any drug, or the combined influence of
alcohol and any drug to a degree that renders the actor incapable of safely
operating a vehicle; or
(C)
has a blood or breath alcohol concentration of .05 grams or greater at the time
of operation; or
(b)
(i)
operates a vehicle in a criminally negligent manner causing death to another;
and
(ii)
has in the actor's body any measurable amount of a controlled substance.
(3)
Except as provided in Subsection
(4)
, an actor who violates Subsection
(2)
is guilty of:
(a)
a second degree felony, punishable by a term of imprisonment of not less than five
years nor more than 15 years; and
(b)
a separate offense for each victim suffering death as a result of the actor's violation
of this section, regardless of whether the deaths arise from the same episode of
driving.
(4)
An actor is not guilty of a violation of automobile homicide under Subsection
(2)(b)
if:
(a)
the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional
practice, or as otherwise authorized by Title 58, Occupations and Professions;
(b)
the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c)
the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
58-37-109
if:
(i)
the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section
58-37-6
58-37-105
or
58-37-113
;
and
(ii)
the substance was administered to the actor by the medical researcher.
(5)
(a)
A judge imposing a sentence under this section may consider:
(i)
the adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
;
(ii)
the defendant's history;
(iii)
the facts of the case;
(iv)
aggravating and mitigating factors; or
(v)
any other relevant fact.
(b)
The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section
41-6a-505
.
(c)
The standards for chemical breath analysis as provided by Section
41-6a-515
and the
provisions for the admissibility of chemical test results as provided by Section
41-6a-516
apply to determination and proof of blood alcohol content under this
section.
(d)
A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection
41-6a-502(3)
.
(e)
Except as provided in Subsection
(4)
, the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f)
Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g)
In accordance with Subsection
77-2a-3(8)
, a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
(6)
If, when imposing a sentence under this section, the court finds that it is in the interest
of justice to suspend the imposition of prison, the court shall detail the finding on the
record, including why a suspended prison sentence is in the interest of justice.
(7)
Notwithstanding Subsection
(3)(a)
, the court may impose a sentence of not less than
three years nor more than 15 years if the court details on the record why it is in the
interest of justice.
(8)
(a)
A judge imposing a sentence under this section shall designate the defendant as an
interdicted person, as that term is defined in Section
32B-1-102
, for a period of time
not to exceed the probationary period, unless the court finds good cause to order a
shorter or longer time.
(b)
If a court designates a person as an interdicted person as provided in Subsection
(8)(a)
, the court shall:
(i)
require the person to surrender the person's identification card or driver license;
(ii)
notify the Driver License Division that the person is an interdicted person; and
(iii)
provide the person's identification card or driver license to the Driver License
Division.
(9)
If a minor who is under 18 years old is found by a court to have violated Subsection
(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 described in
Subsection
(9)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(9)(b)
.
Section 166. Section
76-8-311.3
is amended to read:
76-8-311.3
Effective
05/06/26
. Establishment of prohibited item policy in a
correctional or mental health facility -- Reference to penalty provisions -- Exceptions --
Rulemaking.
(1)
(a)
As used in this section:
(i)
"Communication device" means a device designed to receive or transmit an
image, text message, email, video, location information, or voice communication,
or another device that can be used to communicate electronically.
(ii)
"Controlled substance" means a substance defined as a controlled substance under
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37,
Controlled Substances
.
(iii)
"Correctional facility" means:
(A)
a facility operated by or contracting with the Department of Corrections to
house an offender in either a secure or nonsecure setting;
(B)
a facility operated by a municipality or a county to house or detain an offender;
(C)
a juvenile detention facility; or
(D)
a building or grounds appurtenant to a facility or land granted to the state,
municipality, or county for use as a correctional facility.
(iv)
"Dangerous weapon" means the same as that term is defined in Section
76-11-101
.
(v)
"Electronic cigarette product" means the same as that term is defined in Section
76-9-1101
.
(vi)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(vii)
"Medicine" means a prescription drug as defined in Title 58, Chapter 17b,
Pharmacy Practice Act, but does not include a controlled substance as defined in
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37,
Controlled Substances
.
(viii)
"Mental health facility" means the same as that term is defined in Section
26B-5-301
.
(ix)
"Nicotine product" means the same as that term is defined in Section
76-9-1101
.
(x)
"Offender" means an individual in custody at a correctional facility.
(xi)
"Secure area" means the same as that term is defined in Section
76-8-311.1
.
(xii)
"Tobacco product" means the same as that term is defined in Section
76-9-1101
.
(b)
Terms defined in Sections
76-1-101.5
and
76-8-101
apply to this section.
(2)
(a)
Notwithstanding Section
53-5a-102
, a correctional facility or mental health
facility may prohibit a firearm, ammunition, a dangerous weapon, an implement of
escape, an explosive, a controlled substance, spirituous or fermented liquor,
medicine, or poison from being:
(i)
transported to or within a correctional facility or mental health facility;
(ii)
sold or given away to an offender at a correctional facility or mental health
facility; or
(iii)
possessed by an offender or another individual at a correctional facility or mental
health facility.
(b)
A correctional facility may prohibit a communication device from being:
(i)
transported within the correctional facility for the purpose of being sold to an
offender in the correctional facility;
(ii)
sold or given away to an offender in the correctional facility; or
(iii)
possessed by an offender or another individual at the correctional facility.
(3)
It is a defense to a prosecution related to this section that the actor, in committing the act
made criminal by this section with respect to:
(a)
a correctional facility operated by the Department of Corrections, acted in conformity
with departmental rule or policy;
(b)
a correctional facility operated by a municipality, acted in conformity with the policy
of the municipality;
(c)
a correctional facility operated by a county, acted in conformity with the policy of
the county; or
(d)
a mental health facility, acted in conformity with the policy of the mental health
facility.
(4)
(a)
Except as provided by Subsection
(4)(b)
or
(4)(c)
, an actor may be charged under
Section
76-8-311.4
,
76-8-311.6
,
76-8-311.7
,
76-8-311.8
,
76-8-311.9
,
76-8-311.10
, or
76-8-311.11
for a violation of a policy or rule created under this section.
(b)
An actor who knowingly or intentionally transports, possesses, distributes, or sells an
explosive in a correctional facility or a mental health facility may be punished under
Section
76-15-210
or
76-15-211
.
(c)
The possession, distribution, or use of a controlled substance at a correctional facility
or in a secure area of a mental health facility shall be charged under
Title 58,
Chapter 37, Utah Controlled Substances Act
Chapter 18, Part 2, Offenses Concerning
Controlled Substances, or Title 58, Chapter 37, Controlled Substances
.
(5)
Exemptions to a policy or rule created under this section may be granted for worship of
Native American inmates in accordance with Section
64-13-40
.
Section 167. Section
76-8-311.10
is amended to read:
76-8-311.10
Effective
05/06/26
. Possession of contraband in a correctional
facility.
(1)
(a)
As used in this section:
(i)
"Contraband" means an item not specifically prohibited for possession by an
offender under this section or Section
76-8-311.3
,
76-8-311.4
,
76-8-311.6
,
76-8-311.7
,
76-8-311.8
, or
76-8-311.9
.
(ii)
"Correctional facility" means the same as that term is defined in Section
76-8-311.3
.
(b)
Terms defined in Sections
76-1-101.5
and
76-8-101
apply to this section.
(2)
An actor commits possession of contraband in a correctional facility if the actor, without
the permission of the authority operating a correctional facility, knowingly engages in an
activity that would facilitate the possession of contraband by an offender in the
correctional facility.
(3)
Except as provided in Subsection
(4)
, a violation of Subsection
(2)
is a class B
misdemeanor.
(4)
(a)
The possession, distribution, or use of a controlled substance at a correctional
facility shall be prosecuted in accordance with
Title 58, Chapter 37, Utah Controlled
Substances Act
Chapter 18, Part 2, Offenses Concerning Controlled Substances
.
(b)
The provisions of Section
76-8-311.9
take precedence over this section.
(c)
The defenses provided in Section
76-8-311.3
apply to this section.
Section 168. Section
76-9-1110
is amended to read:
76-9-1110
Effective
05/06/26
. Abuse of psychotoxic chemical solvent.
(1)
(a)
As used in this section, "psychotoxic chemical solvent" includes any glue, cement,
or other substance containing one or more of the following chemical compounds:
(i)
acetone and acetate;
(ii)
amyl nitrite or amyl nitrate or their isomers;
(iii)
benzene, butyl alcohol, butyl nitrite, butyl nitrate, or their isomers;
(iv)
ethyl alcohol, ethyl nitrite, or ethyl nitrate;
(v)
ethylene dichloride;
(vi)
isobutyl alcohol;
(vii)
methyl alcohol;
(viii)
methyl ethyl ketone;
(ix)
n-propyl alcohol;
(x)
pentachlorophenol;
(xi)
petroleum ether;
(xii)
propyl nitrite or propyl nitrate or their isomers;
(xiii)
toluene;
(xiv)
xylene; or
(xv)
another chemical substance capable of causing a condition of intoxication,
inebriation, excitement, stupefaction, or the dulling of the brain or nervous system
as a result of the inhalation of the fumes or vapors of such chemical substance.
(b)
Terms defined in Sections
76-1-101.5
and
76-9-1101
apply to this section.
(2)
Except as provided in Subsection
(4)
, an actor commits abuse of psychotoxic chemical
solvent if:
(a)
for the purpose of causing a condition of intoxication, inebriation, excitement,
stupefaction, or the dulling of the actor's brain or nervous system, the actor
intentionally:
(i)
smells or inhales the fumes of a psychotoxic chemical solvent; or
(ii)
possesses, purchases, or attempts to possess or purchase a psychotoxic chemical
solvent; or
(b)
the actor offers, sells, or provides a psychotoxic chemical solvent to another person,
knowing that other person or a third party intends to possess or use that psychotoxic
chemical solvent in violation of Subsection
(2)(a)
.
(3)
A violation of Subsection
(2)
is a class B misdemeanor.
(4)
This section does not apply to:
(a)
the prescribed use, distribution, or sale of a psychotoxic chemical solvent for a
medical or dental purpose; or
(b)
a controlled substance regulated by the provisions of
Title 58, Chapter 37, Utah
Controlled Substances Act
Chapter 18, Part 2, Offenses Concerning Controlled
Substances, or Title 58, Chapter 37, Controlled Substances
.
Section 169. Section
76-9-1301
is amended to read:
76-9-1301
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(2)
"Nuisance" means an item, thing, manner, or condition that:
(a)
is dangerous to human life or health; or
(b)
renders soil, air, water, or food impure or unwholesome.
(3)
(a)
"Public nuisance" means unlawfully committing an act or omitting to perform a
duty, which act or duty:
(i)
annoys, injures, or endangers the comfort, repose, health, or safety of three or
more persons, regardless of the extent to which the annoyance, injury, or
endangerment inflicted on the persons is unequal;
(ii)
offends public decency;
(iii)
unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous
for passage, a lake, stream, canal, or basin, or a public park, square, street, or
highway;
(iv)
is a nuisance as described in Section
78B-6-1107
, Nuisance -- Drug houses and
drug dealing -- Gambling -- Group criminal activity -- Party house -- Prostitution
-- Weapons -- Abatement by eviction; or
(v)
renders three or more persons insecure in life or the use of property, regardless of
the extent to which the effect inflicted on the persons is unequal.
(b)
"Public nuisance" is presumed to not include:
(i)
activities conducted in the normal and ordinary course of agricultural operations,
as defined in Section
4-44-102
, and conducted in accordance with sound
agricultural practices, with the presumption that agricultural operations
undertaken in conformity with federal, state, and local laws and regulations,
including zoning ordinances, are operating within sound agricultural practices; or
(ii)
activities conducted in the normal and ordinary course of critical infrastructure
materials operations, as defined in Section
78B-6-1101
, and conducted in
accordance with sound critical infrastructure materials practices, with the
presumption that critical infrastructure materials operations undertaken in
conformity with federal, state, and local laws and regulations, including zoning
ordinances, are operating within sound critical infrastructure materials operations.
(4)
(a)
"Supervised drug consumption site" means a facility or premises operated or
intended to provide an environment for the unlawful use of a controlled substance.
(b)
"Supervised drug consumption site" does not include a facility or premises that
provides or facilitates:
(i)
an opioid treatment program, as that term is defined in Section
58-17b-309.7
; or
(ii)
the use of medication pursuant to a medication assisted treatment plan, as that
term is defined in Section
64-13-25.1
.
Section 170. Section
76-9-1505
is amended to read:
76-9-1505
Effective
05/06/26
. Unlawful conduct while on a bus.
(1)
(a)
As used in this section, "controlled substance" means the same as that term is
defined in Section
58-37-2
58-37-101
.
(b)
Terms defined in Sections
76-1-101.5
and
76-9-1501
apply to this section.
(2)
An actor commits unlawful conduct while on a bus if the actor:
(a)
threatens a breach of the peace, is disorderly, or uses obscene, profane, or vulgar
language on a bus;
(b)
is in or upon any bus while unlawfully under the influence of a controlled substance;
(c)
fails to obey a reasonable request or order of a bus driver, bus company
representative, a nondrinking designee other than the driver as provided in
Subsection
32B-4-415(4)(c)(ii)
, or other person in charge or control of a bus or
terminal;
(d)
ingests a controlled substance, unless prescribed by a physician or a medical facility,
in or upon any bus, or drinks intoxicating liquor in or upon a bus, except a chartered
bus as defined and provided in Sections
32B-1-102
and
41-6a-526
; or
(e)
smokes tobacco or other products in or upon a bus, except a chartered bus.
(3)
A violation of Subsection
(2)
is a class C misdemeanor.
(4)
(a)
If an actor violates Subsection
(2)
, the driver of the bus or individual in charge
thereof may stop at the place where the offense is committed or at the next regular or
convenient stopping place and remove the actor, using only such force as may be
necessary to accomplish the removal, and the driver or individual in charge may
request the assistance of passengers to assist in removing the actor.
(b)
The driver or individual in charge may cause the removed actor to be detained and
delivered to the proper authorities.
Section 171. Section
76-11-217
is amended to read:
76-11-217
Effective
05/06/26
. Carrying a dangerous weapon while under the
influence of alcohol or drugs.
(1)
Terms defined in Sections
76-1-101.5
,
76-11-101
, and
76-11-201
apply to this section.
(2)
An actor commits carrying a dangerous weapon while under the influence of alcohol or
drugs if the actor:
(a)
carries a dangerous weapon that is readily accessible by the actor for immediate use;
and
(b)
is under the influence of:
(i)
alcohol as determined by the actor's blood or breath alcohol concentration in
accordance with Subsections
41-6a-502(1)(a)
through
(c)
; or
(ii)
a controlled substance as defined in Section
58-37-2
58-37-101
.
(3)
A violation of Subsection
(2)
is a class B misdemeanor.
(4)
This section does not apply to:
(a)
an actor who uses or threatens to use force in compliance with Section
76-2-402
;
(b)
an actor carrying a dangerous weapon in the actor's residence or the residence of
another individual with the consent of the individual who is lawfully in possession of
the residence;
(c)
an actor under the influence of cannabis or a cannabis product, as those terms are
defined in Section
26B-4-201
, if the actor's use of the cannabis or cannabis product
complies with
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
; or
(d)
an actor who:
(i)
has a valid prescription for a controlled substance;
(ii)
takes the controlled substance described in Subsection
(4)(d)(i)
as prescribed; and
(iii)
after taking the controlled substance, the actor:
(A)
is not a danger to the actor or another individual; or
(B)
is capable of safely handling a dangerous weapon.
(5)
It is not a defense to prosecution under this section that the actor:
(a)
is licensed in the pursuit of wildlife of any kind;
(b)
has a concealed carry permit as described in Section
53-5a-303
;
(c)
has a provisional concealed carry permit as described in Section
53-5a-304
;
(d)
has a temporary concealed carry permit issued under Section
53-5a-305
;
(e)
has a concealed carry permit lawfully issued by or in another state; or
(f)
is 21 years old or older and may otherwise lawfully possess a concealed loaded
firearm without a concealed carry permit as described in Section
53-5a-101.5
.
Section 172. Section
76-11-301
is amended to read:
76-11-301
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Adjudicated" means a judgment has been entered against a minor for an offense by a
juvenile court under Section
80-6-701
.
(2)
"Category I restricted person" means an individual described in Section
76-11-302
.
(3)
"Category II restricted person" means an individual described in Section
76-11-303
.
(4)
"Carry" means for an individual to have an item under the individual's custody or
control.
(5)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(6)
(a)
"Dating relationship" means a romantic or intimate relationship between
individuals.
(b)
"Dating relationship" does not include a casual acquaintanceship or ordinary
fraternization in a business or social context.
(7)
"Dealer" means a person who is:
(a)
licensed under 18 U.S.C. Sec. 923; and
(b)
engaged in the business of selling, leasing, or otherwise transferring a firearm,
whether the person is a retail or wholesale dealer, pawnbroker, or other type of
merchant or seller.
(8)
"Domestic violence" means the same as that term is defined in Section
77-36-1
.
(9)
"Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
(10)
"Schedule I controlled substance" means a substance listed as a schedule I controlled
substance in Section
58-37-4
58-37-108
.
(11)
"Schedule II controlled substance" means a substance listed as a schedule II controlled
substance in Section
58-37-4
58-37-108
.
(12)
"Secure care" means the same as that term is defined in Section
80-1-102
.
(13)
"Single criminal episode" means the same as that term is defined in Section
76-1-401
.
Section 173. Section
76-11-302
is amended to read:
76-11-302
Effective
05/06/26
. Category I restricted person established.
Except as provided in Section
76-11-304
, Exceptions, limitations, and exclusions to
restricted person categories, an individual is categorized as a category I restricted person and
subject to the restrictions and penalties described in Section
76-11-305
:
(1)
if the individual has been convicted of a violent felony;
(2)
if the individual is on probation or parole for a felony;
(3)
if the individual is on parole from secure care;
(4)
for 10 years after the day on which the individual was adjudicated for an offense which
if committed by an adult would have been a violent felony;
(5)
if the individual is an alien who is illegally or unlawfully in the United States, including
an alien who has:
(a)
submitted an asylum application in accordance with 8 U.S.C. Sec. 1158 and is
waiting for a disposition on the application; or
(b)
submitted a temporary protected status application in accordance with 8 U.S.C. Sec.
1254a and is waiting for a disposition on the application; or
(6)
if the individual is on probation for a conviction of possessing:
(a)
a substance classified in Section
58-37-4
58-37-108
as a Schedule I or II controlled
substance;
(b)
a controlled substance analog; or
(c)
a substance listed in Section
58-37-4.2
58-37-109
.
Section 174. Section
76-17-401
is amended to read:
76-17-401
Effective
05/06/26
. Definitions.
As used in this part:
(1)
(a)
"Enterprise" means an individual, sole proprietorship, partnership, corporation,
business trust, association, or other legal entity, and a union or group of individuals
associated in fact although not a legal entity.
(b)
"Enterprise" includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct that constitutes the
commission of at least three episodes of unlawful activity, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, or methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise. At least one of the episodes comprising a
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act
constituting part of a pattern of unlawful activity as defined by this part shall have
occurred within five years of the commission of the next preceding act alleged as part of
the pattern.
(3)
"Person" includes an individual or entity capable of holding a legal or beneficial interest
in property, including state, county, and local governmental entities.
(4)
"Unlawful activity" means to directly engage in conduct or to solicit, request, command,
encourage, or intentionally aid another person to engage in conduct that would constitute
an offense described by the following crimes or categories of crimes, or to attempt or
conspire to engage in an act that would constitute any of those offenses, regardless of
whether the act is in fact charged or indicted by an authority or is classified as a
misdemeanor or a felony:
(a)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under Title 19, Environmental Quality
Code, Sections
19-1-101
through
19-7-109
;
(c)
taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or
Section
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B,
Chapter 3, Part 11, Utah False Claims Act, Sections
26B-3-1101
through
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal
Offenses and Procedure Act;
(f)
unlawful marking of pistol or revolver under Section
53-5a-105
;
(g)
alteration of number or mark on pistol or revolver under Section
53-5a-106
;
(h)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah
Uniform Land Sales Practices Act;
(i)
an act prohibited by the criminal provisions under
Title 58, Chapter 37, Utah
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58,
Chapter 37d, Clandestine Drug Lab Act
Chapter 18, Part 2, Offenses Concerning
Controlled Substances, Part 4, Offenses Concerning Imitation Controlled Substances,
Part 5, Clandestine Drug Labs, Title 58, Chapter 37, Controlled Substances, or Title
58, Chapter 37c, Controlled Substance Precursors
;
(j)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
Securities Act;
(k)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah
Procurement Code;
(l)
assault under Section
76-5-102
;
(m)
aggravated assault under Section
76-5-103
;
(n)
a threat of terrorism under Section
76-5-107.3
;
(o)
a criminal homicide offense under Section
76-5-201
;
(p)
kidnapping under Section
76-5-301
;
(q)
aggravated kidnapping under Section
76-5-302
;
(r)
human trafficking for labor under Section
76-5-308
;
(s)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(t)
human smuggling under Section
76-5-308.3
;
(u)
human trafficking of a child under Section
76-5-308.5
;
(v)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(w)
aggravated human trafficking under Section
76-5-310
;
(x)
sexual exploitation of a minor under Section
76-5b-201
;
(y)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(z)
sexual extortion under Section
76-5b-204
;
(aa)
arson under Section
76-6-102
;
(bb)
aggravated arson under Section
76-6-103
;
(cc)
causing a catastrophe under Section
76-6-105
;
(dd)
burglary under Section
76-6-202
;
(ee)
aggravated burglary under Section
76-6-203
;
(ff)
burglary of a vehicle under Section
76-6-204
;
(gg)
manufacture or possession of an instrument for burglary or theft under Section
76-6-205
;
(hh)
robbery under Section
76-6-301
;
(ii)
aggravated robbery under Section
76-6-302
;
(jj)
theft under Section
76-6-404
;
(kk)
theft by deception under Section
76-6-405
;
(ll)
theft by extortion under Section
76-6-406
;
(mm)
receiving stolen property under Section
76-6-408
;
(nn)
theft of services under Section
76-6-409
;
(oo)
forgery under Section
76-6-501
;
(pp)
unlawful use of financial transaction card under Section
76-6-506.2
;
(qq)
unlawful acquisition, possession, or transfer of financial transaction card under
Section
76-6-506.3
;
(rr)
financial transaction card offenses under Section
76-6-506.6
;
(ss)
deceptive business practices under Section
76-6-507
;
(tt)
bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods under Section
76-6-508
;
(uu)
bribery of a labor official under Section
76-6-509
;
(vv)
defrauding creditors under Section
76-6-511
;
(ww)
acceptance of deposit by insolvent financial institution under Section
76-6-512
;
(xx)
unlawful dealing with property by fiduciary under Section
76-6-513
;
(yy)
unlawful influence of a contest under Section
76-6-514
;
(zz)
making a false credit report under Section
76-6-517
;
(aaa)
criminal simulation under Section
76-6-518
;
(bbb)
criminal usury under Section
76-6-520
;
(ccc)
insurance fraud under Section
76-6-521
;
(ddd)
retail theft under Section
76-6-602
;
(eee)
computer crimes under Section
76-6-703
;
(fff)
identity fraud under Section
76-6-1102
;
(ggg)
mortgage fraud under Section
76-6-1203
;
(hhh)
sale of a child under Section
76-7-203
;
(iii)
bribery or offering a bribe under Section
76-8-103
;
(jjj)
threat to influence official or political action under Section
76-8-104
;
(kkk)
receiving bribe or bribery by public servant under Section
76-8-105
;
(lll)
receiving bribe for endorsement of person as a public servant under Section
76-8-106
;
(mmm)
bribery for endorsement of person as public servant under Section
76-8-106.1
;
(nnn)
official misconduct based on unauthorized act or failure of duty under Section
76-8-201
;
(ooo)
official misconduct concerning inside information under Section
76-8-202
;
(ppp)
obstruction of justice in a criminal investigation or proceeding under Section
76-8-306
;
(qqq)
acceptance of bribe or bribery to prevent criminal prosecution under Section
76-8-308
;
(rrr)
harboring or concealing offender who has escaped from official custody under
Section
76-8-309.2
;
(sss)
making a false or inconsistent material statement under Section
76-8-502
;
(ttt)
making a false or inconsistent statement under Section
76-8-503
;
(uuu)
making a written false statement under Section
76-8-504
;
(vvv)
tampering with a witness under Section
76-8-508
;
(www)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xxx)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(yyy)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(zzz)
tampering with evidence under Section
76-8-510.5
;
(aaaa)
falsification or alteration of a government record under Section
76-8-511
, if the
record is a record described in Title 20A, Election Code, or Title 36, Chapter 11,
Lobbyist Disclosure and Regulation Act;
(bbbb)
public assistance fraud by an applicant for public assistance under Section
76-8-1203.1
;
(cccc)
public assistance fraud by a recipient of public assistance under Section
76-8-1203.3
;
(dddd)
public assistance fraud by a provider under Section
76-8-1203.5
;
(eeee)
fraudulently misappropriating public assistance funds under Section
76-8-1203.7
;
(ffff)
false statement to obtain or increase unemployment compensation under Section
76-8-1301
;
(gggg)
false statement to prevent or reduce unemployment compensation or liability
under Section
76-8-1302
;
(hhhh)
unlawful failure to comply with Employment Security Act requirements under
Section
76-8-1303
;
(iiii)
unlawful use or disclosure of employment information under Section
76-8-1304
;
(jjjj)
intentionally or knowingly causing one animal to fight with another under
Subsection
76-13-202(2)(d)
or
(3)
, or Section
76-13-205
or
76-13-206
concerning
dog fighting;
(kkkk)
soliciting, recruiting, enticing, or intimidating a minor to join a criminal street
gang under Section
76-9-803
;
(llll)
aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal
street gang under Section
76-9-803.1
;
(mmmm)
intimidating a minor to remain in a criminal street gang under Section
76-9-803.2
;
(nnnn)
aggravated intimidating a minor to remain in a criminal street gang under Section
76-9-803.3
;
(oooo)
unlawful conduct involving an explosive, chemical, or incendiary device under
Section
76-15-210
;
(pppp)
unlawful conduct involving an explosive, chemical, or incendiary part under
Section
76-15-211
;
(qqqq)
unlawful delivery or mailing of an explosive, chemical, or incendiary device
under Section
76-15-209
;
(rrrr)
forging or counterfeiting trademarks, trade name, or trade device under Section
76-16-302
;
(ssss)
selling goods under counterfeited trademark, trade name, or trade devices under
Section
76-16-303
;
(tttt)
sales in containers bearing registered trademark of substituted articles under
Section
76-16-304
;
(uuuu)
selling or dealing with article bearing registered trademark or service mark with
intent to defraud under Section
76-16-306
;
(vvvv)
participating in gambling under Section
76-9-1402
;
(wwww)
permitting gambling under Section
76-9-1403
;
(xxxx)
online gambling prohibition under Section
76-9-1404
;
(yyyy)
gambling promotion under Section
76-9-1405
;
(zzzz)
gambling fraud under Section
76-9-1406
;
(aaaaa)
possessing a gambling device or record under Section
76-9-1407
;
(bbbbb)
obtaining a benefit from a confidence game under Section
76-9-1410
;
(ccccc)
distributing pornographic material under Section
76-5c-202
;
(ddddd)
aiding or abetting a minor in distributing pornographic material under Section
76-5c-203
;
(eeeee)
inducing acceptance of pornographic material under Section
76-5c-204
;
(fffff)
distributing material harmful to minors under Section
76-5c-205
;
(ggggg)
aiding or abetting a minor in distributing material harmful to minors under
Section
76-5c-206
;
(hhhhh)
distribution of a pornographic file for exhibition under Section
76-5c-305
;
(iiiii)
indecent public display in the presence of a minor under Section
76-5c-207
;
(jjjjj)
engaging in prostitution under Section
76-5d-202
;
(kkkkk)
aiding prostitution under Section
76-5d-206
;
(lllll)
exploiting prostitution under Section
76-5d-207
;
(mmmmm)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nnnnn)
communications fraud under Section
76-6-525
;
(ooooo)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(ppppp)
an act prohibited by the criminal provisions of Chapter 9, Part 16, Money
Laundering and Currency Transaction Reporting;
(qqqqq)
vehicle compartment for contraband under Section
76-9-1902
or
76-9-1903
;
(rrrrr)
an act prohibited by the criminal provisions of the laws governing taxation in this
state; or
(sssss)
an act illegal under the laws of the United States and enumerated in 18 U.S.C.
Secs. 1961(1)(B), (C), and (D).
Section 175. Section
76-18-101
is enacted to read:
18. Drug Offenses
1. General Provisions
76-18-101
Effective
05/06/26
. Definitions.
Reserved.
Section 176. Section
76-18-102
is enacted to read:
76-18-102
Effective
05/06/26
. Applicable provisions to chapter from other titles.
Sections
58-37-309
and
58-37-402
are applicable to this chapter.
Section 177. Section
76-18-201
is enacted to read:
2. Offenses Concerning Controlled Substances
76-18-201
Effective
05/06/26
. Definitions.
(1)
As used in this part:
(a)
"Continuing criminal enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, association, other legal entity, or any union
or groups of individuals associated in fact although not a legal entity, and includes
illicit as well as licit entities created or maintained for the purpose of engaging in
conduct that constitutes the commission of episodes of activity made unlawful by this
part, Part 3, Offenses Concerning Drug Paraphernalia, Part 4, Offenses Concerning
Imitation Controlled Substances, Part 5, Clandestine Drug Labs, or Title 58, Chapter
37, Controlled Substances, or Title 58, Chapter 37c, Controlled Substance Precursors,
which episodes:
(i)
are not isolated, but have the same or similar purposes, results, participants,
victims, methods of commission, or otherwise are interrelated by distinguishing
characteristics; and
(ii)
taken together, demonstrate continuing unlawful conduct and are related either to
each other or to the enterprise.
(b)
"Indian" means a member of an Indian tribe.
(c)
"Indian religion" means a religion:
(i)
the origin and interpretation of which is from within a traditional Indian culture or
community; and
(ii)
that is practiced by Indians.
(d)
"Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
community of Indians, including any Alaska Native village, that is legally recognized
as eligible for and is consistent with the special programs, services, and entitlements
provided by the United States to Indians because of the Indians' status as Indians.
(2)
Terms defined in Sections
58-37-101
,
76-1-101.5
, and
76-18-101
apply to this part.
Section 178. Section
76-18-202
is enacted to read:
76-18-202
Effective
05/06/26
. Applicable provisions to part from other titles.
The following sections from Title 58, Chapter 37, Controlled Substances, apply to this
part:
(1)
Section
58-37-101
, Definitions;
(2)
Section
58-37-102
, Applicability of chapter -- Uniform construction;
(3)
Section
58-37-104
, Severability;
(4)
Section
58-37-105
, Division responsibilities -- Licensing -- Records required;
(5)
Section
58-37-107
, Controlled substances;
(6)
Section
58-37-108
, Schedules of controlled substances -- Schedules I through V --
Findings required -- Specific substances included in schedules;
(7)
Section
58-37-109
, Listed controlled substances;
(8)
Section
58-37-110
, Recognized controlled substance analogs;
(9)
Section
58-37-111
, Exceptions to applicability for certain herbs and food supplements;
(10)
Section
58-37-114
, Burden of proof in proceedings on violations;
(11)
Section
58-37-115
, Restrictions on liability for law enforcement;
(12)
Section
58-37-202
, Applicability of Title 76 to prosecutions;
(13)
Section
58-37-203
, Enforcement -- Coordination and cooperation of federal and state
agencies -- Powers;
(14)
Section
58-37-204
, Investigators -- Status of peace officers;
(15)
Section
58-37-206
, Court to enjoin a violation -- Jury trial;
(16)
Section
58-37-208
, Prima facie evidence;
(17)
Section
58-37-210
, Penalties -- Bar to state prosecution;
(18)
Section
58-37-308
, Veterinary exemption for gabapentin;
(19)
Section
58-37-403
, Exemption for possession or distribution of a cannabinoid product,
expanded cannabinoid product, or transportable industrial hemp concentrate;
(20)
Section
58-37-404
, Medical cannabis decriminalization; and
(21)
Section
58-37-405
, Enforcement.
Section 179. Section
76-18-203
is enacted to read:
76-18-203
Effective
05/06/26
. Exemptions and affirmative defenses applicable
to certain drug crimes.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
(a)
Civil or criminal liability may not be imposed under an offense listed in
Subsection
(2)(b)
on any Indian who uses, possesses, or transports peyote for bona
fide traditional ceremonial purposes in connection with the practice of a traditional
Indian religion.
(b)
The offenses referred to in Subsection
(2)(a)
are:
(i)
unlawfully possessing or using a controlled substance or a controlled substance
analog under Section
76-18-207
;
(ii)
unlawfully producing, manufacturing, or dispensing a controlled substance or
counterfeit substance under Section
76-18-208
;
(iii)
unlawfully distributing or agreeing to distribute a controlled substance or
counterfeit substance under Section
76-18-209
;
(iv)
unlawfully possessing a controlled substance or counterfeit substance with intent
to distribute under Section
76-18-210
;
(v)
unlawfully engaging in a continuing criminal enterprise involving drugs under
Section
76-18-211
;
(vi)
unlawfully allowing possession, use, or distribution of a controlled substance on
the premises under Section
76-18-212
;
(vii)
unlawful possession of an altered or forged prescription or order for a controlled
substance under Section
76-18-213
;
(viii)
unlawful use of a license number in the course of manufacturing or distributing
a controlled substance under Section
76-18-214
;
(ix)
unlawful misrepresentation as an authorized person to obtain a controlled
substance under Section
76-18-215
;
(x)
unlawful conduct to obtain a controlled substance under Section
76-18-216
;
(xi)
unlawfully prescribing or dispensing a controlled substance to a person known to
be using unlawful means under Section
76-18-217
;
(xii)
unlawfully making, forging, altering, or uttering a prescription or a written order
under Section
76-18-218
; and
(xiii)
unlawful materials to create a counterfeit controlled substance under Section
76-18-219
.
(c)
(i)
In a prosecution alleging a violation of an offense listed in Subsection
(2)(b)
regarding peyote as defined in Section
58-37-108
, 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.
(ii)
(A)
A defendant shall provide written notice of intent to claim an affirmative
defense under this Subsection
(2)
as soon as practicable, but not later than 10
days before trial.
(B)
The notice shall include the specific claims of the affirmative defense.
(C)
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.
(iii)
(A)
A defendant shall establish the affirmative defense under this Subsection
(2)
by a preponderance of the evidence.
(B)
If the defense is established, it is a complete defense to the charges.
(3)
An offense listed in Subsection
(2)(b)
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.
(4)
Civil or criminal liability may not be imposed under an offense listed in Subsection
(2)(b)
against:
(a)
a person registered under this chapter or Title 58, Chapter 37, Controlled Substances,
who manufactures, distributes, or possesses an imitation controlled substance for use
as a placebo or an 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 law
enforcement officer's employment; or
(c)
a healthcare facility, substance use harm reduction services program, or drug
addiction treatment facility that temporarily possesses a controlled substance or
counterfeit substance to conduct a test or analysis on the controlled substance or
counterfeit substance to identify or analyze the strength, effectiveness, or purity of
the substance for a public health or safety reason.
(5)
(a)
It is an affirmative defense that a person produced, possessed, or administered a
controlled substance listed in Section
58-37-109
if the person was:
(i)
engaged in medical research; and
(ii)
a holder of a valid license to possess controlled substances under Section
58-37-105
or
58-37-113
.
(b)
It is not a defense under Subsection
(5)(a)
that the person prescribed or dispensed a
controlled substance listed in Section
58-37-109
.
(6)
It is an affirmative defense that a person possessed, in the person's body, a controlled
substance listed in Section
58-37-109
if:
(a)
the person was the subject of medical research conducted by a holder of a valid
license to possess controlled substances under Section
58-37-105
or
58-37-113
; and
(b)
the substance was administered to the person by the medical researcher.
Section 180. Section
76-18-204
is enacted to read:
76-18-204
Effective
05/06/26
. Enhanced penalties and sentencing for certain
drug offenses.
(1)
(a)
As used in this section, "correctional facility" means the same as that term is
defined in Section
76-8-311.3
.
(b)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply
to this section.
(2)
(a)
An actor not authorized under this part or Title 58, Chapter 37, Controlled
Substances, who commits any act that is unlawful under Subsection
(2)(b)
is, upon
conviction, subject to the penalties and classifications under Subsection
(3)
if the trier
of fact finds that the act is committed:
(i)
in a public or private elementary or secondary school or on the grounds of a public
or private elementary or secondary school 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 a public or private vocational school or postsecondary institution
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
child-care 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 a structure, facility, or grounds included
in Subsections
(2)(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 an offense listed in Subsection
(2)(b)
to
an inmate or on the grounds of a correctional facility.
(b)
The offenses described in Subsection
(2)(a)
are:
(i)
unlawfully producing, manufacturing, or dispensing a controlled substance or
counterfeit substance under Section
76-18-208
;
(ii)
unlawfully distributing or agreeing to distribute a controlled substance or
counterfeit substance under Section
76-18-209
;
(iii)
unlawfully possessing a controlled substance or counterfeit substance with intent
to distribute under Section
76-18-210
;
(iv)
unlawfully engaging in a continuing criminal enterprise involving drugs under
Section
76-18-211
;
(v)
unlawful manufacture of an imitation controlled substance under Section
76-18-404
; and
(vi)
unlawful distribution or possession with intent to distribute an imitation
controlled substance under Section
76-18-405
.
(3)
(a)
Except as provided in Subsection
(3)(b)
or
(c)
, an actor who is convicted of an
enhancement under this section is guilty of one degree more than the maximum
penalty prescribed for the offense described in Subsection
(2)(b)
.
(b)
(i)
The court shall sentence an actor who is convicted of a first degree felony
under this section, who would have been convicted of a first degree felony under
an offense listed in Subsection
(2)(b)
regardless of the application of this section,
for a term of imprisonment of not less than five years.
(ii)
Imposition or execution of the sentence described in Subsection
(3)(b)(i)
may not
be suspended, and the actor is not eligible for probation.
(c)
If the violation is of Subsection
(2)(a)(ix)
:
(i)
(A)
the actor may be sentenced to imprisonment for an indeterminate term as
provided by law, and the court shall additionally sentence the actor for a term
of one year to run consecutively and not concurrently; and
(B)
the court may additionally sentence the actor for an indeterminate term not to
exceed five years to run consecutively and not concurrently; and
(ii)
the penalties under Subsection
(3)(c)(i)
also apply to an actor 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
(2)(a)(ix)
.
(4)
It is not a defense to a sentencing enhancement under Subsection
(3)
that:
(a)
if the enhancement is for a violation of Subsection
(2)(a)(viii)
, 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
(b)
the actor mistakenly believed that the location where the act occurred was not as
described in Subsection
(2)(a)
or was unaware that the location where the act
occurred was as described in Subsection
(2)(a)
.
Section 181. Section
76-18-205
is enacted to read:
76-18-205
Effective
05/06/26
. Unlawful alteration or removal of a controlled
substance label.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawful alteration or removal of a controlled substance label if:
(a)
the actor:
(i)
alters the face of a label on a container containing a controlled substance; or
(ii)
removes a label on a container containing a controlled substance; and
(b)
any of the original contents of the container described in Subsection
(2)(a)
remain.
(3)
A violation of Subsection
(2)
is a class B misdemeanor.
Section 182. Section
76-18-206
is enacted to read:
76-18-206
Effective
05/06/26
. Unlawful failure to use original controlled
substance container.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawful failure to use original controlled substance container if the
actor:
(a)
(i)
is an individual to whom, or for whose use, a controlled substance has been
prescribed, sold, or dispensed by a practitioner; or
(ii)
is the owner of an animal for which a controlled substance has been prescribed,
sold, or dispensed by a veterinarian; and
(b)
possesses the controlled substance in a manner other than in the container in which
the controlled substance was delivered to the actor by the person selling or dispensing
the controlled substance.
(3)
A violation of Subsection
(2)
is a class B misdemeanor.
(4)
It is a defense to a prosecution under this section if the actor produces in court a valid
prescription for the controlled substance or the original container with the label attached.
Section 183. Section
76-18-207
is enacted to read:
76-18-207
Effective
05/06/26
. Unlawfully possessing or using a controlled
substance or controlled substance analog.
(1)
(a)
As used in this section:
(i)
"Correctional facility" means the same as that term is defined in Section
64-13-1
.
(ii)
"Good faith" does not include seeking medical assistance under this section
during the course of a law enforcement agency's execution of a search warrant,
execution of an arrest warrant, or other lawful search.
(b)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply
to this section.
(2)
An actor commits unlawfully possessing or using a controlled substance or a controlled
substance analog if the actor knowingly and intentionally possesses or uses a controlled
substance or a controlled substance analog, unless the controlled substance or controlled
substance analog was obtained:
(a)
under a valid prescription or order;
(b)
directly from a practitioner while acting in the course of the practitioner's
professional practice; or
(c)
as otherwise authorized by this part or Title 58, Chapter 37, Controlled Substances.
(3)
Subject to Subsection
(4)
, a violation of Subsection
(2)
is:
(a)
a second degree felony if the substance is marijuana and the amount is 100 pounds or
more;
(b)
a third degree felony if:
(i)
(A)
the substance is a substance classified in Schedule I or II or a controlled
substance analog, not including marijuana; and
(B)
the actor's current violation results in the actor receiving at least a third
conviction under this section and each of the actor's previous convictions were
based on a violation committed within seven years before the date of the
violation upon which the current conviction is based; or
(ii)
the violation would otherwise qualify under Subsection
(3)(d)
, but the actor's
current violation results in the actor receiving at least a fourth conviction under
this section and each of the actor's previous convictions were based on a violation
committed within seven years before the date of the violation upon which the
current conviction is based;
(c)
a class A misdemeanor if:
(i)
(A)
the substance is a substance classified in Schedule I or II or a controlled
substance analog, not including marijuana; and
(B)
the current violation is the actor's first or second conviction under this section
or does not qualify as a third degree felony under Subsection
(3)(b)
; or
(ii)
the violation would otherwise qualify under Subsection
(3)(d)
, but the actor's
current violation results in the actor receiving at least a third conviction under this
section and each of the actor's previous convictions were based on a violation
committed within seven years before the date of the violation upon which the
current conviction is based; or
(d)
if Subsection
(3)(a)
,
(b)
, or
(c)
does not apply, a class B misdemeanor, including a
substance listed in Section
58-37-109
or marijuana.
(4)
(a)
Except as provided in Subsection
(4)(c)
and subject to Subsection
(5)
, upon an
actor's conviction of a violation of this section, if the actor has previously been
convicted of a violation of Section
76-18-208
,
76-18-209
,
76-18-210
, or
76-18-211
,
the court shall sentence the actor to a penalty that is one degree higher than the
applicable penalty provided in Subsection
(3)
.
(b)
(i)
Except as provided in Subsection
(4)(c)
and subject to Subsection
(5)
, the court
shall sentence an actor convicted of violating this section to a penalty that is one
degree higher than the applicable penalty provided in Subsection
(3)(a)
,
(3)(b)(i)
,
or
(3)(c)(i)
, if the violation of this section occurs while the actor is inside the
exterior boundaries of property occupied by:
(A)
a correctional facility;
(B)
a public jail; or
(C)
another place of confinement.
(ii)
Except as provided in Subsection
(4)(c)
and subject to Subsection
(5)
, if an actor
is subject to an enhanced penalty under Subsection
(4)(b)(i)
and the violation of
this section is based on a controlled substance listed in Subsection
(3)(a)
or
(3)(b)(i)
, the actor may be sentenced to imprisonment for an indeterminate term as
provided by law, and:
(A)
the court shall additionally sentence the actor to a term of one year to run
consecutively and not concurrently; and
(B)
the court may additionally sentence the actor for an indeterminate term not to
exceed five years to run consecutively and not concurrently.
(iii)
Except as provided in Subsection
(4)(c)
and subject to Subsection
(5)
, if an actor
is subject to an enhanced penalty under Subsection
(4)(b)(i)
and the violation of
this section is based on a controlled substance that would qualify for punishment
under Subsection
(3)(d)
, the actor may be sentenced to imprisonment for an
indeterminate term as provided by law and the court shall additionally sentence
the actor to a term of six months to run consecutively and not concurrently.
(5)
The application of any increase in penalty under this section may not result in any
greater penalty than a second degree felony.
(6)
(a)
For purposes of a penalty enhancement, a plea of guilty or no contest to a
violation or attempted violation of this section or a plea that 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 previous conviction used for a penalty enhancement under this section may only
be a conviction that:
(i)
is from a separate criminal episode than the current conviction under this section;
and
(ii)
has not already been used under a separate penalty enhancement provision to
enhance the conviction under this section.
(c)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(7)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(8)
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 actor convicted of violating this section.
(9)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(9)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(9)(b)
.
(10)
(a)
It is an affirmative defense to a violation of Subsection
(2)
if the circumstances
listed in Subsection
(10)(b)
apply and the actor or bystander:
(i)
reasonably believes that the actor or another individual 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)
reports, or assists an individual who reports, in good faith, the overdose event 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 actor is the subject of a report made under this
section;
(iii)
provides, in the report described in Subsection
(10)(a)(ii)
, a functional
description of the actual location of the overdose event that facilitates responding
to the individual experiencing the overdose event;
(iv)
remains at the location of the individual experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider
arrives, or remains at the medical care facility where the individual experiencing
an overdose event is located until a responding law enforcement officer arrives;
(v)
cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding
the individual experiencing the overdose event and any substances the individual
may have injected, inhaled, or otherwise introduced into the individual's body; and
(vi)
is alleged to have committed the offense in the same course of events from which
the reported overdose arose.
(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.
Section 184. Section
76-18-208
is enacted to read:
76-18-208
Effective
05/06/26
. Unlawfully producing, manufacturing, or
dispensing a controlled substance or counterfeit substance.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
Except as authorized by this part or Title 58, Chapter 37, Controlled Substances, and
under circumstances not amounting to an offense described in Section
76-18-220
,
trafficking of fentanyl or a fentanyl-related substance, an actor commits unlawfully
producing, manufacturing, or dispensing a controlled substance or counterfeit substance
if the actor knowingly and intentionally:
(a)
produces, manufactures, or dispenses a controlled substance or a counterfeit
substance; or
(b)
possesses, with the intent to produce, manufacture, or dispense, a controlled
substance or a counterfeit substance.
(3)
(a)
Except as provided in Subsection
(3)(b)
and subject to Subsections
(4)
and
(5)
, a
violation of Subsection
(2)
is:
(i)
a second degree felony if the controlled substance or counterfeit substance is:
(A)
a substance or a counterfeit of a substance classified in Schedule I or II, not
including marijuana;
(B)
a controlled substance analog; or
(C)
gammahydroxybutyric acid as listed in Schedule III;
(ii)
a third degree felony if the controlled substance or counterfeit substance is:
(A)
a substance or a counterfeit of a substance classified in Schedule III or IV;
(B)
marijuana; or
(C)
a substance listed in Section
58-37-109
; or
(iii)
a class A misdemeanor if the controlled substance or counterfeit substance is a
substance or counterfeit substance of a substance classified in Schedule V.
(b)
Subject to Subsections
(4)
and
(5)
, a second or subsequent conviction under:
(i)
Subsection
(3)(a)(i)
is a first degree felony;
(ii)
Subsection
(3)(a)(ii)
is a second degree felony; or
(iii)
Subsection
(3)(a)(iii)
is a third degree felony.
(4)
(a)
A court shall impose a mandatory jail sentence of 360 days in jail, and may not
suspend any portion of the jail sentence or grant early release, if:
(i)
the court suspends the imposition of a prison sentence for a felony conviction
under this section or sentences an actor for a misdemeanor violation of an offense
under this section;
(ii)
(A)
the violation is the actor's second or subsequent conviction for any level of
offense under this section, Section
76-18-209
,
76-18-210
, or
76-18-211
; or
(B)
the actor 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 this section, Section
76-18-209
,
76-18-210
, or
76-18-211
; and
(iii)
the actor previously has been convicted of reentry of a removed alien under 8
U.S.C. Sec. 1326.
(b)
(i)
Except as provided in Subsection
(4)(b)(ii)
, an actor who is subject to a
mandatory jail sentence under Subsection
(4)(a)
may not be released to the federal
Immigration and Customs Enforcement Agency of the United States Department
of Homeland Security for deportation until the actor has served the entire jail
sentence described in Subsection
(4)(a)
.
(ii)
An actor 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 actor's jail sentence
described in Subsection
(4)(a)
.
(5)
Notwithstanding any other provision of this section, a violation of this section is subject
to the penalties and classifications under Section
76-18-204
, Enhanced penalties and
sentencing for certain drug offenses, if the trier of fact finds the elements described
under Section
76-18-204
.
(6)
(a)
For purposes of a penalty enhancement, a plea of guilty or no contest to a
violation or attempted violation of this section or a plea that 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 previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(7)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(8)
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 actor convicted of violating this section.
(9)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(9)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(9)(b)
.
Section 185. Section
76-18-209
is enacted to read:
76-18-209
Effective
05/06/26
. Unlawfully distributing or agreeing to distribute
a controlled substance or counterfeit substance.
(1)
(a)
As used in this section:
(i)
"Dangerous weapon" means the same as that term is defined in Section
76-11-101
.
(ii)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(iii)
"Readily accessible for immediate use" means the same as that term is defined in
Section
76-11-201
.
(b)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply
to this section.
(2)
Except as authorized by this chapter or Title 58, Chapter 37, Controlled Substances, and
under circumstances not amounting to an offense described in Section
76-18-220
,
trafficking of fentanyl or a fentanyl-related substance, an actor commits unlawfully
distributing or agreeing to distribute a controlled substance or counterfeit substance if
the actor knowingly and intentionally:
(a)
distributes a controlled substance or a counterfeit substance; or
(b)
agrees, consents, offers, or arranges to distribute a controlled substance or a
counterfeit substance.
(3)
(a)
Except as provided in Subsection
(3)(b)
and subject to Subsections
(4)
,
(5)
, and
(6)
,
a violation of Subsection
(2)
is:
(i)
a second degree felony if the controlled substance or counterfeit substance is:
(A)
a substance or a counterfeit of a substance classified in Schedule I or II, not
including marijuana;
(B)
a controlled substance analog; or
(C)
gammahydroxybutyric acid as listed in Schedule III;
(ii)
a third degree felony if the controlled substance or counterfeit substance is:
(A)
a substance or a counterfeit of a substance classified in Schedule III or IV;
(B)
marijuana; or
(C)
a substance listed in Section
58-37-109
; or
(iii)
a class A misdemeanor if the controlled substance or counterfeit substance is a
substance or counterfeit substance of a substance classified in Schedule V.
(b)
Subject to Subsections
(4)
,
(5)
, and
(6)
, a second or subsequent conviction under:
(i)
Subsection
(3)(a)(i)
is a first degree felony;
(ii)
Subsection
(3)(a)(ii)
is a second degree felony; or
(iii)
Subsection
(3)(a)(iii)
is a third degree felony.
(4)
(a)
Except as provided under Subsection
(4)(b)
and subject to Subsection
(6)
, the
court shall impose an indeterminate prison term for an actor who has been convicted
of a violation of this section that is a first degree felony or a second degree felony
under Subsection
(3)(a)
or
(3)(b)
if the trier of fact finds beyond a reasonable doubt
that, during the commission or furtherance of the violation of Subsection
(2)
, the
actor intentionally or knowingly:
(i)
used, drew, or exhibited a dangerous weapon that is not a firearm, in an angry,
threatening, intimidating, or coercive manner;
(ii)
used a firearm or had a firearm readily accessible for immediate use; or
(iii)
distributed a firearm or possessed a firearm with intent to distribute the firearm.
(b)
Subject to Subsections
(5)
and
(6)
, a court may suspend the indeterminate prison
term for an actor convicted under Subsection
(4)(a)
if the court:
(i)
details on the record the reasons why it is in the interests of justice to not impose
the indeterminate prison term;
(ii)
makes a finding on the record that the actor does not pose a significant safety risk
to the public; and
(iii)
orders the person to complete the terms and conditions of supervised probation
provided by the Division of Adult Probation and Parole created in Section
64-14-202
.
(5)
(a)
A court shall impose a mandatory jail sentence of 360 days in jail, and may not
suspend any portion of the jail sentence or grant early release, if:
(i)
the court suspends the imposition of a prison sentence for a felony conviction
under this section or sentences an actor for a misdemeanor violation of an offense
under this section;
(ii)
(A)
the violation is the actor's second or subsequent conviction for any level of
offense under this section, Section
76-18-209
,
76-18-210
, or
76-18-211
; or
(B)
the actor 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 this section, Section
76-18-209
,
76-18-210
, or
76-18-211
; and
(iii)
the actor previously has been convicted of reentry of a removed alien under 8
U.S.C. Sec. 1326.
(b)
(i)
Except as provided in Subsection
(5)(b)(ii)
, an actor who is subject to a
mandatory jail sentence under Subsection
(5)(a)
may not be released to the federal
Immigration and Customs Enforcement Agency of the United States Department
of Homeland Security for deportation until the actor has served the entire jail
sentence described in Subsection
(5)(a)
.
(ii)
An actor 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 actor's jail sentence
described in Subsection
(5)(a)
.
(6)
Notwithstanding any other provision of this section, a violation of this section is subject
to the penalties and classifications under Section
76-18-204
, Enhanced penalties and
sentencing for certain drug offenses, if the trier of fact finds the elements described
under Section
76-18-204
.
(7)
(a)
For purposes of a penalty enhancement, a plea of guilty or no contest to a
violation or attempted violation of this section or a plea that 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 previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(8)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(9)
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 actor convicted of violating this section.
(10)
If a minor who is under 18 years old is found by a court to have violated this section,
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 described in
Subsection
(10)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(10)(b)
.
Section 186. Section
76-18-210
is enacted to read:
76-18-210
Effective
05/06/26
. Unlawfully possessing a controlled substance or
counterfeit substance with intent to distribute.
(1)
(a)
As used in this section:
(i)
"Dangerous weapon" means the same as that term is defined in Section
76-11-101
.
(ii)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(iii)
"Readily accessible for immediate use" means the same as that term is defined in
Section
76-11-201
.
(b)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply
to this section.
(2)
Except as authorized by this chapter or Title 58, Chapter 37, Controlled Substances, and
under circumstances not amounting to an offense described in Section
76-18-220
,
trafficking of fentanyl or a fentanyl-related substance, an actor commits unlawfully
possessing a controlled substance or counterfeit substance with intent to distribute if the
actor knowingly and intentionally possesses a controlled substance or counterfeit
substance with the intent to distribute.
(3)
(a)
Except as provided in Subsection
(3)(b)
and subject to Sections (4), (5), and (6), a
violation of Subsection
(2)
is:
(i)
a second degree felony if the controlled substance or counterfeit substance is:
(A)
a substance or a counterfeit of a substance classified in Schedule I or II, not
including marijuana;
(B)
a controlled substance analog; or
(C)
gammahydroxybutyric acid as listed in Schedule III;
(ii)
a third degree felony if the controlled substance or counterfeit substance is:
(A)
a substance or a counterfeit of a substance classified in Schedule III or IV;
(B)
marijuana; or
(C)
a substance listed in Section
58-37-109
; or
(iii)
a class A misdemeanor if the controlled substance or counterfeit substance is a
substance or counterfeit substance of a substance classified in Schedule V.
(b)
Subject to Subsections
(4)
,
(5)
, and
(6)
, a second or subsequent conviction under:
(i)
Subsection
(3)(a)(i)
is a first degree felony;
(ii)
Subsection
(3)(a)(ii)
is a second degree felony; or
(iii)
Subsection
(3)(a)(iii)
is a third degree felony.
(4)
(a)
Except as provided under Subsection
(4)(b)
and subject to Subsection
(6)
, the
court shall impose an indeterminate prison term for an actor who has been convicted
of a violation of this section that is a first degree felony or a second degree felony
under Subsection
(3)(a)
or
(3)(b)
if the trier of fact finds beyond a reasonable doubt
that, during the commission or furtherance of the violation of Subsection
(2)
, the
actor intentionally or knowingly:
(i)
used, drew, or exhibited a dangerous weapon that is not a firearm, in an angry,
threatening, intimidating, or coercive manner;
(ii)
used a firearm or had a firearm readily accessible for immediate use; or
(iii)
distributed a firearm or possessed a firearm with intent to distribute the firearm.
(b)
Subject to Subsections
(5)
and
(6)
, a court may suspend the indeterminate prison
term for an actor convicted under Subsection
(4)(a)
if the court:
(i)
details on the record the reasons why it is in the interests of justice to not impose
the indeterminate prison term;
(ii)
makes a finding on the record that the actor does not pose a significant safety risk
to the public; and
(iii)
orders the person to complete the terms and conditions of supervised probation
provided by the Division of Adult Probation and Parole created in Section
64-14-202
.
(5)
(a)
A court shall impose a mandatory jail sentence of 360 days in jail, and may not
suspend any portion of the jail sentence or grant early release, if:
(i)
the court suspends the imposition of a prison sentence for a felony conviction
under this section or sentences an actor for a misdemeanor violation of an offense
under this section;
(ii)
(A)
the violation is the actor's second or subsequent conviction for any level of
offense under this section, Section
76-18-209
,
76-18-210
, or
76-18-211
; or
(B)
the actor 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 this section, Section
76-18-209
,
76-18-210
, or
76-18-211
; and
(iii)
the actor previously has been convicted of reentry of a removed alien under 8
U.S.C. Sec. 1326.
(b)
(i)
Except as provided in Subsection
(5)(b)(ii)
, an actor who is subject to a
mandatory jail sentence under Subsection
(5)(a)
may not be released to the federal
Immigration and Customs Enforcement Agency of the United States Department
of Homeland Security for deportation until the actor has served the entire jail
sentence described in Subsection
(5)(a)
.
(ii)
An actor 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 actor's jail sentence
described in Subsection
(5)(a)
.
(6)
Notwithstanding any other provision of this section, a violation of this section is subject
to the penalties and classifications under Section
76-18-204
, Enhanced penalties and
sentencing for certain drug offenses, if the trier of fact finds the elements described
under Section
76-18-204
.
(7)
(a)
For purposes of a penalty enhancement, a plea of guilty or no contest to a
violation or attempted violation of this section or a plea that 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 previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(8)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(9)
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 actor convicted of violating this section.
(10)
If a minor who is under 18 years old is found by a court to have violated this section,
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 described in
Subsection
(10)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(10)(b)
.
Section 187. Section
76-18-211
is enacted to read:
76-18-211
Effective
05/06/26
. Unlawfully engaging in a continuing criminal
enterprise involving drugs.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
Except as authorized under this chapter or Title 58, Chapter 37, Controlled Substances,
and under circumstances not amounting to an offense described in Section
76-18-220
,
trafficking of fentanyl or a fentanyl-related substance, an actor commits unlawfully
engaging in a continuing criminal enterprise involving drugs if the actor knowingly and
intentionally engages in a continuing criminal enterprise where:
(a)
the actor participates, directs, or engages in conduct that results in a felony violation
of an offense in:
(i)
this part;
(ii)
Part 3, Offenses Concerning Drug Paraphernalia;
(iii)
Part 4, Offenses Concerning Imitation Controlled Substances;
(iv)
Part 5, Clandestine Drug Labs;
(v)
Title 58, Chapter 37, Controlled Substances; or
(vi)
Title 58, Chapter 37c, Controlled Substance Precursors; and
(b)
the violation described in Subsection
(2)(a)
is part of a continuing series of two or
more violations of an offense described in Subsection
(2)(a)(i)
through
(vi)
, on
separate occasions that are undertaken in concert with five or more persons, with
respect to whom the actor occupies a position of organizer, supervisor, or any other
position of management.
(3)
(a)
Subject to Subsections
(3)(b)
and
(4)
, a violation of Subsection
(2)
is a first degree
felony punishable by imprisonment for an indeterminate term of not less than:
(i)
seven years and which may be for life; or
(ii)
15 years and which may be for life, if the trier of fact determines that the actor
knew, or reasonably should have known, that any subordinate described in
Subsection
(2)(b)
was under 18 years old.
(b)
(i)
Except as provided in Subsection
(3)(b)(ii)
, imposition or execution of the
sentence described in Subsection
(3)(a)
may not be suspended, and the actor is not
eligible for probation.
(ii)
Subsection
(3)(a)(ii)
does not apply to an actor who, at the time of the offense,
was under 18 years old.
(4)
Notwithstanding any other provision of this section, a violation of this section is subject
to the penalties and classifications under Section
76-18-204
, Enhanced penalties and
sentencing for certain drug offenses, if the trier of fact finds the elements described
under Section
76-18-204
.
(5)
(a)
For purposes of a penalty enhancement, a plea of guilty or no contest to a
violation or attempted violation of this section or a plea that 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 previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(6)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(7)
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 actor convicted of violating this section.
(8)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(8)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(8)(b)
.
Section 188. Section
76-18-212
is enacted to read:
76-18-212
Effective
05/06/26
. Unlawfully allowing possession, use, or
distribution of a controlled substance on the premises.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawfully allowing possession, use, or distribution of a controlled
substance on the premises if the actor:
(a)
is an owner, tenant, licensee, or person in control of a building, room, tenement,
vehicle, boat, aircraft, or other place; and
(b)
knowingly and intentionally permits 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 or in the
building, room, tenement, vehicle, boat, aircraft, or other place.
(3)
(a)
Subject to Subsection
(3)(b)
, a violation of Subsection
(2)
is:
(i)
a class B misdemeanor on a first conviction;
(ii)
a class A misdemeanor on a second conviction; or
(iii)
a third degree felony on a third or subsequent conviction.
(b)
Upon an actor's conviction of a violation of this section, if the actor has previously
been convicted of a violation of Section
76-18-208
,
76-18-209
,
76-18-210
, or
76-18-211
, the court shall sentence the actor to a one degree greater penalty than
provided in Subsection
(3)(a)
.
(4)
(a)
For purposes of a penalty enhancement, a plea of guilty or no contest to a
violation or attempted violation of this section or a plea that 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 previous conviction used for a penalty enhancement under this section may only
be a conviction that:
(i)
is from a separate criminal episode than the current conviction under this section;
and
(ii)
has not already been used under a separate penalty enhancement provision to
enhance the conviction under this section.
(c)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(5)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(6)
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 actor convicted of violating this section.
(7)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(7)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(7)(b)
.
Section 189. Section
76-18-213
is enacted to read:
76-18-213
Effective
05/06/26
. Unlawful possession of an altered or forged
prescription or order for a controlled substance.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawful possession of an altered or forged prescription or order for a
controlled substance if the actor knowingly and intentionally possesses an altered or
forged prescription or written order for a controlled substance.
(3)
(a)
Subject to Subsection
(3)(b)
, a violation of Subsection
(2)
is:
(i)
a class B misdemeanor on a first conviction;
(ii)
a class A misdemeanor on a second conviction; or
(iii)
a third degree felony on a third or subsequent conviction.
(b)
Upon an actor's conviction of a violation of this section, if the actor has previously
been convicted of a violation of Section
76-18-208
,
76-18-209
,
76-18-210
, or
76-18-211
, the court shall sentence the actor to a one degree greater penalty than
provided in Subsection
(3)(a)
.
(4)
(a)
For purposes of a penalty enhancement, a plea of guilty or no contest to a
violation or attempted violation of this section or a plea that 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 previous conviction used for a penalty enhancement under this section may only
be a conviction that:
(i)
is from a separate criminal episode than the current conviction under this section;
and
(ii)
has not already been used under a separate penalty enhancement provision to
enhance the conviction under this section.
(c)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(5)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(6)
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 actor convicted of violating this section.
(7)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(7)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(7)(b)
.
Section 190. Section
76-18-214
is enacted to read:
76-18-214
Effective
05/06/26
. Unlawful use of a license number in the course of
manufacturing or distributing a controlled substance.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawful use of a license number in the course of manufacturing or
distributing a controlled substance if the actor knowingly and intentionally uses, in the
course of the manufacture or distribution of a controlled substance, a license number that
is fictitious, revoked, suspended, or issued to another person.
(3)
A violation of Subsection
(2)
is:
(a)
a class A misdemeanor on a first or second conviction; or
(b)
a third degree felony on a third or subsequent conviction.
(4)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(d)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(5)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(5)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(5)(b)
.
Section 191. Section
76-18-215
is enacted to read:
76-18-215
Effective
05/06/26
. Unlawful misrepresentation as an authorized
person to obtain a controlled substance.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawful misrepresentation as an authorized person to obtain a
controlled substance if the actor knowingly and intentionally, for the purpose of
obtaining a controlled substance, assumes the title of, or represents to be, a
manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other
authorized person.
(3)
A violation of Subsection
(2)
is:
(a)
a class A misdemeanor on a first or second conviction; or
(b)
a third degree felony on a third or subsequent conviction.
(4)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(d)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(5)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(5)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(5)(b)
.
Section 192. Section
76-18-216
is enacted to read:
76-18-216
Effective
05/06/26
. Unlawful conduct to obtain a controlled
substance.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawful conduct to obtain a controlled substance if the actor
knowingly and intentionally acquires, obtains possession of, procures or attempts to
procure the administration of, or obtains a prescription for, a controlled substance by:
(a)
misrepresentation;
(b)
failure to disclose receiving a controlled substance from another source;
(c)
fraud;
(d)
forgery;
(e)
deception;
(f)
subterfuge;
(g)
alteration of a prescription or written order for a controlled substance; or
(h)
use of a false name or address.
(3)
A violation of Subsection
(2)
is:
(a)
a class A misdemeanor on a first or second conviction; or
(b)
a third degree felony on a third or subsequent conviction.
(4)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(d)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(5)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(5)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(5)(b)
.
Section 193. Section
76-18-217
is enacted to read:
76-18-217
Effective
05/06/26
. Unlawfully prescribing or dispensing a controlled
substance to a person known to be using unlawful means.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawfully prescribing or dispensing a controlled substance to a
person known to be using unlawful means if the actor knowingly and intentionally
prescribes or dispenses to a person known to be attempting to acquire or obtain
possession of, or to procure the administration of, a controlled substance by:
(a)
misrepresentation;
(b)
failure by the person to disclose receiving a controlled substance from another source;
(c)
fraud;
(d)
forgery;
(e)
deception;
(f)
subterfuge;
(g)
alteration of a prescription or written order for a controlled substance; or
(h)
the use of a false name or address.
(3)
A violation of Subsection
(2)
is:
(a)
a class A misdemeanor on a first or second conviction; or
(b)
a third degree felony on a third or subsequent conviction.
(4)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(d)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(5)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(5)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(5)(b)
.
Section 194. Section
76-18-218
is enacted to read:
76-18-218
Effective
05/06/26
. Unlawfully making, forging, altering, or uttering
a prescription or a written order.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawfully making, forging, altering, or uttering a prescription or a
written order if the actor knowingly and intentionally:
(a)
makes a false or forged prescription or written order for a controlled substance;
(b)
utters a false or forged prescription or written order for a controlled substance; or
(c)
alters a prescription or written order issued or written under the terms of this chapter
or Title 58, Chapter 37, Controlled Substances.
(3)
A violation of Subsection
(2)
is:
(a)
a class A misdemeanor on a first or second conviction; or
(b)
a third degree felony on a third or subsequent conviction.
(4)
(a)
An actor 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 part
or Title 58, Chapter 37, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(d)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
(5)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(5)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(5)(b)
.
Section 195. Section
76-18-219
is enacted to read:
76-18-219
Effective
05/06/26
. Unlawful materials to create a counterfeit
controlled substance.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply to
this section.
(2)
An actor commits unlawful materials to create a counterfeit controlled substance if the
actor knowingly and intentionally makes, distributes, or possesses a punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce:
(a)
the trademark, trade name, or other identifying mark, imprint, or device of another
upon any drug, container, or labeling, so as to render a drug a counterfeit controlled
substance; or
(b)
any likeness of a trademark, trade name, or other identifying mark, imprint, or device
of another upon any drug, container, or labeling, so as to render a drug a counterfeit
controlled substance.
(3)
A violation of Subsection
(2)
is a third degree felony.
(4)
(a)
An actor 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 part
or Title
58, Chapter 37
, Controlled Substances.
(b)
A penalty imposed for a violation of this section is in addition to, and not in lieu of, a
civil or administrative penalty or sanction authorized by law.
(c)
Defenses and exemptions in Section
76-18-203
apply to this section.
(5)
If a minor who is under 18 years old is found by a court to have violated this section, 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 described in
Subsection
(5)(a)
indicates that an assessment is appropriate; and
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(5)(b)
.
Section 196. Section
76-18-220
, which is renumbered from Section 58-37-8.1 is renumbered
and amended to read:
58-37-8.1
76-18-220
Effective
05/06/26
. Trafficking of fentanyl or a
fentanyl-related substance.
(1)
(a)
As used in this section:
(a)
(i)
"Fentanyl-related substance" means a derivative or analog of fentanyl
including:
(i)
(A)
carfentanil;
(ii)
(B)
sufentanil;
(iii)
(C)
alfentanil; or
(iv)
(D)
a fentanyl-related substance that is a controlled substance as described in
Section
58-37-3
58-37-107
.
(b)
(ii)
"Trafficking amount of fentanyl or a fentanyl-related substance" means 100
grams or more of any composition or mixture, including pills, that contains any
quantity of fentanyl or a fentanyl-related substance.
(b)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply
to this section.
(2)
A person
An actor
commits trafficking of fentanyl or a fentanyl-related substance if
the
person
actor
intentionally:
(a)
produces, manufactures, or dispenses a trafficking amount of fentanyl or a
fentanyl-related substance;
(b)
distributes a trafficking amount of fentanyl or a fentanyl-related substance;
(c)
agrees, consents, offers, or arranges to distribute a trafficking amount of fentanyl or a
fentanyl-related substance; or
(d)
possesses a trafficking amount of fentanyl or a fentanyl-related substance with the
intent to distribute the fentanyl or fentanyl-related substance.
(3)
A violation of Subsection
(2)
is a first degree felony.
(4)
Except as provided in Subsection
(5)
or
(6)
, a court may not grant probation, suspend
the execution or imposition of the sentence, order hospitalization, or enter a judgment
for a lower category of offense under Section
76-3-402
, if the effect of which would in
any way shorten the
person's
actor's
required indeterminate prison sentence, when:
(a)
sentencing
a person
an actor
for a violation described in Subsection
(3)
;
(b)
sentencing
a person
an actor
for a conviction of an attempt to commit trafficking of
fentanyl or a fentanyl-related substance in accordance with Section
76-4-102
; or
(c)
sentencing
a person
an actor
who has had the first degree felony classified in
Subsection
(3)
reduced one degree by a prosecuting attorney in accordance with
Section
77-2-2.3
.
(5)
Except as provided by Subsection
(7)
, a court may suspend the execution or imposition
of a prison sentence under Subsection
(4)
if the court:
(a)
makes a finding on the record that:
(i)
details why it is in the interests of justice not to execute or impose the prison
sentence; and
(ii)
the actor does not pose a significant safety risk to the general public; and
(b)
orders the actor to complete the terms and conditions of probation that is supervised
by the Division of Adult Probation and Parole.
(6)
Subsection
(4)
does not apply if the sentencing court finds that the
person
actor
:
(a)
was under 18 years old at the time of the offense; and
(b)
could have been adjudicated in the juvenile court but for the delayed reporting or
delayed filing of the information.
(7)
(a)
If a court seeks to suspend the execution or imposition of a prison sentence under
Subsection
(5)
, the court shall impose the mandatory jail sentence described in
Subsection
(7)(b)
, and may not suspend any portion of the jail sentence or grant early
release, if:
(i)
the court suspends the imposition of a prison sentence for a conviction under
Subsection
(2)
;
(ii)
(A)
the violation is the
person's
actor's
second or subsequent conviction for an
offense under Subsection
(2)
; or
(B)
the
person
actor
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
(2)
; and
(iii)
the
person
actor
previously has been convicted of reentry of a removed alien
under 8 U.S.C. Sec. 1326.
(b)
The mandatory jail sentence referred to in Subsection
(7)(a)
is 360 days in jail.
(c)
(i)
Except as provided in Subsection
(7)(c)(ii)
,
a person
an actor
who is subject to
a mandatory jail sentence under Subsection
(7)(a)
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
actor
has
served the entire jail sentence described in Subsection
(7)(b)
.
(ii)
A person
An actor
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
actor's
jail sentence described in Subsection
(7)(b)
.
(8)
A previous conviction used for a penalty enhancement under this section includes a
conviction for an offense described in a statute previously in effect in this state that is
the same or substantially similar to a violation of this section.
Section 197. Section
76-18-221
, which is renumbered from Section 58-37-8.2 is renumbered
and amended to read:
58-37-8.2
76-18-221
Effective
05/06/26
. Unlawful failure to report a
practitioner's diversion of drugs.
(1)
(a)
As used in this section:
(a)
(i)
"Diversion" means a practitioner's transfer of a significant amount of drugs to
another individual for an unlawful purpose.
(b)
(ii)
"Drug" means a Schedule II or Schedule III controlled substance, as defined
in Section
58-37-4
58-37-108
, that is an opiate.
(c)
(iii)
"HIPAA" means the same as that term is defined in Section
26B-3-126
.
(d)
(iv)
"Opiate" means the same as that term is defined in Section
58-37-2
58-37-101
.
(e)
(v)
"Practitioner" means an individual:
(i)
(A)
licensed, registered, or otherwise authorized by the appropriate
jurisdiction to administer, dispense, distribute, or prescribe a drug in the course
of professional practice; or
(ii)
(B)
employed by a person who is licensed, registered, or otherwise authorized
by the appropriate jurisdiction to administer, dispense, distribute, or prescribe a
drug in the course of professional practice or standard operations.
(f)
(vi)
"Significant amount" means an aggregate amount equal to, or more than, 500
morphine milligram equivalents calculated in accordance with guidelines
developed by the Centers for Disease Control and Prevention.
(b)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply
to this section.
(2)
An individual is guilty of a class B misdemeanor if the individual
An actor commits
unlawful failure to report a practitioner's diversion of drugs if the actor
:
(a)
knows that a practitioner is involved in diversion; and
(b)
knowingly fails to report the diversion
described in Subsection
(2)(a)
to a peace
officer or law enforcement agency.
(3)
A violation of Subsection
(2)
is a class B misdemeanor.
(3)
(4)
Subsection
(2)
does not apply to the extent that
an individual
an actor
is prohibited
from reporting by 42 C.F.R.
Part 2
or HIPAA.
Section 198. Section
76-18-222
, which is renumbered from Section 58-37-8.3 is renumbered
and amended to read:
58-37-8.3
76-18-222
Effective
05/06/26
. Possession, sale, or use of an
adulterant or synthetic urine.
(1)
(a)
As used in this section, "adulterant" means a substance that may be added to
human urine or another human bodily fluid to change, dilute, or interfere with the
composition, chemical properties, physical appearance, or physical properties of the
urine or other bodily fluid.
(b)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-201
apply
to this section.
(2)
Under circumstances not amounting to a violation of Section
76-8-510.5
, Tampering
with evidence,
a person
an actor
commits possession, sale
,
or use of an adulterant or
synthetic urine if the
person
actor
:
(a)
distributes, possesses, or sells synthetic urine;
(b)
distributes or sells an adulterant with:
(i)
intent that the adulterant be used to defeat or defraud an alcohol or drug screening
test; or
(ii)
knowledge that the recipient of the adulterant intends to use the adulterant to
defeat or defraud an alcohol or drug screening test;
(c)
possesses an adulterant with intent to use the adulterant to defeat or defraud an
alcohol or drug screening test; or
(d)
intentionally uses:
(i)
an adulterant to defeat or defraud an alcohol or drug screening test;
(ii)
the
person's
actor's
urine or bodily fluid to defeat or defraud an alcohol or drug
screening test if the urine or bodily fluid was expelled or withdrawn before the
time at which the urine or bodily fluid is collected for the test; or
(iii)
the urine or bodily fluid of another
person
individual
to defeat or defraud an
alcohol or drug screening test.
(3)
A violation of
this section
Subsection
(2)
is an infraction.
(4)
A person
An actor
does not commit a violation of Subsection
(2)
if the
person
actor
is
engaging in conduct described in this section for the sole purpose of education or
medical or scientific research.
(5)
This section does not apply to persons currently under:
(a)
court-ordered supervision; or
(b)
the supervision of the Board of Pardons and Parole.
(6)
An entity that collects specimens for the purpose of testing and screening, and reports
the results back to an employer, shall report to the employer and the Department of
Public Safety if a report is received that indicates that adulterated or synthetic urine was
submitted for an alcohol or drug screening test.
Section 199. Section
76-18-301
, which is renumbered from Section 58-37a-3 is renumbered
and amended to read:
3. Offenses Concerning Drug Paraphernalia
58-37a-3
76-18-301
Effective
05/06/26
. Definitions.
As used in this part:
(1)
(a)
As used in this chapter, "drug
"Drug
paraphernalia" means any equipment,
product, or material used, or intended for use, to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze,
package, repackage, store, contain, conceal, inject, ingest, inhale, or to otherwise
introduce a controlled substance into the human body in violation of
Chapter 37,
Utah Controlled Substances Act
Part 2, Offenses Concerning Controlled Substances,
or Title 58, Chapter 37, Controlled Substances
.
(2)
(b)
"Drug paraphernalia" includes:
(a)
(i)
kits
a kit
used, or intended for use, in planting, propagating, cultivating,
growing, or harvesting any species of plant
which
that
is a controlled substance
or from which a controlled substance can be derived;
(b)
(ii)
kits
a kit
used, or intended for use, in manufacturing, compounding,
converting, producing, processing, or preparing a controlled substance;
(c)
(iii)
an
isomerization
devices
device
used, or intended for use, to increase the
potency of any species of plant
which
that
is a controlled substance;
(d)
(iv)
except as provided in Subsection
(3)
(1)(c)
, testing equipment used, or
intended for use, to identify or to analyze the strength, effectiveness, or purity of a
controlled substance;
(e)
(v)
scales and balances
a scale or balance
used, or intended for use, in weighing
or measuring a controlled substance;
(f)
(vi)
diluents and adulterants
a diluent or adulterant
, such as quinine
hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use
,
to cut a controlled substance;
(g)
(vii)
separation gins and sifters
a separation gin or sifter
used, or intended for
use
,
to remove twigs, seeds, or other impurities from marihuana;
(h)
(viii)
blenders, bowls, containers, spoons and mixing devices
a blender, bowl,
container, spoon, or mixing device
used, or intended for use
,
to compound a
controlled substance;
(i)
(ix)
capsules, balloons, envelopes, and other containers
a capsule, balloon,
envelope, or other container
used, or intended for use
,
to package
a
small
quantities
quantity
of a controlled substance;
(j)
(x)
containers and other objects
a container or other object
used, or intended for
use
,
to store or conceal a controlled substance;
(k)
(xi)
hypodermic syringes, needles, and other objects
a hypodermic syringe,
needle, or other object
used, or intended for use
,
to parenterally inject a controlled
substance into the human body, except as provided in Section
58-37a-5
76-18-304
,
76-18-305
, or
76-18-306
; and
(l)
(xii)
objects
an object
used, or intended for use
,
to ingest, inhale, or otherwise
introduce a controlled substance into the human body, including
but not limited to
:
(i)
(A)
a
metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes
pipe,
with
or without
screens
a screen
, permanent
screens
screen
, hashish
heads
head
,
or punctured metal
bowls
bowl
;
(ii)
(B)
a
water
pipes
pipe
;
(iii)
(C)
a
carburetion
tubes and devices
tube or device
;
(iv)
(D)
a
smoking
and
or
carburetion
masks
mask
;
(v)
(E)
roach clips: meaning objects
an object
used to hold burning material,
such as a marihuana cigarette, that has become too small or too short to be held
in the hand
, sometimes referred to as a "roach clip"
;
(vi)
(F)
a
miniature cocaine
spoons and cocaine vials
spoon or cocaine vial
;
(vii)
(G)
a
chamber
pipes
pipe
;
(viii)
(H)
a
carburetor
pipes
pipe
;
(ix)
(I)
an
electric
pipes
pipe
;
(x)
(J)
an
air-driven
pipes
pipe
;
(xi)
(K)
chillums
a chillum
;
(xii)
(L)
bongs
a bong
; and
(xiii)
(M)
an
ice
pipes or chillers
pipe or chiller
.
(3)
(c)
"Drug paraphernalia" does not include a testing product or equipment, including
a fentanyl test strip, used or intended for use to determine whether a substance
contains:
(a)
(i)
a controlled substance that can cause physical harm or death; or
(b)
(ii)
a chemical or compound that can cause physical harm or death.
(2)
"Minor" means an individual who is under 18 years old.
Section 200. Section
76-18-302
, which is renumbered from Section 58-37a-4 is renumbered
and amended to read:
58-37a-4
76-18-302
Effective
05/06/26
. Considerations in determining
whether an 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
the object's
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
part
;
(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
the object's
use;
(7)
descriptive materials accompanying the object
which
that
explain or depict
its
the
object's
use;
(8)
national and local advertising concerning
its
the object's
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
76-18-304
,
76-18-305
, or
76-18-306
;
and
(14)
expert testimony concerning
its
the object's
use.
Section 201. Section
76-18-303
, which is renumbered from Section 58-37a-6 is renumbered
and amended to read:
58-37a-6
76-18-303
Effective
05/06/26
. Seizure -- Forfeiture -- Property rights
-- Bystander defense.
(1)
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
.
(2)
It is an affirmative defense to an allegation of the commission of an offense under this
part if the actor or bystander:
(a)
reasonably believes that the actor or another individual 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;
(b)
reports, or assists an individual who reports, in good faith, the overdose event 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 actor is the subject of a report made under this section;
(c)
provides, in the report described in Subsection
(2)(b)
, a functional description of the
actual location of the overdose event that facilitates responding to the individual
experiencing the overdose event;
(d)
remains at the location of the individual experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider arrives,
or remains at the medical care facility where the individual experiencing an overdose
event is located until a responding law enforcement officer arrives;
(e)
cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
individual experiencing the overdose event and any substances the individual may
have injected, inhaled, or otherwise introduced into the individual's body; and
(f)
is alleged to have committed the offense in the same course of events from which the
reported overdose arose.
Section 202. Section
76-18-304
, which is renumbered from Section 58-37a-5 is renumbered
and amended to read:
58-37a-5
76-18-304
Effective
05/06/26
. Unlawful use of drug paraphernalia.
(1)
(a)
(1)
Terms defined in Sections
76-1-101.5
,
76-18-101
, and
76-18-301
apply to this section.
(2)
It is unlawful for a person to use, or to possess with intent to use,
An actor commits
unlawful use of drug paraphernalia if the actor uses, or possesses 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
part
.
(b)
(3)
A person who violates Subsection (1)(a) is guilty of
A violation of Subsection
(2)
is
a class B misdemeanor.
(2)
(a)
It is unlawful for a 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)
A person who violates Subsection (2)(a) is guilty of a class A misdemeanor.
(3)
A person 18 years old or older who delivers drug paraphernalia to a person younger
than 18 years old 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 a person to place in this state in a newspaper, magazine,
handbill, or other publication an advertisement, knowing that the purpose of the
advertisement is to promote the sale of drug paraphernalia.
(b)
A 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
(4)
An actor
may not be charged with possession of a hypodermic syringe as drug
paraphernalia if the syringe is unused and is in a sealed sterile package.
(6)
(5)
In a prosecution under
Subsection (1)
this section
for possession of a hypodermic
syringe or needle, the prosecutor or the court may dismiss the charge if the
person
actor
establishes, by a preponderance of the evidence, that:
(a)
at the time of the offense:
(i)
the hypodermic syringe or needle was stored in a sealed puncture-resistant
container, such as a medical sharps disposal container, that was clearly marked on
the outside of the container with a warning that identified the container as
containing medical waste; and
(ii)
the
person
actor
was enrolled or participating in a syringe exchange program
under Section
26B-7-117
; and
(b)
after the day of the offense, but before the day on which the case is adjudicated, the
person
actor
demonstrated an intent to engage with substance abuse treatment by
commencing, continuing, or completing a substance use disorder treatment program.
(7)
(6)
A person
An actor
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
part
.
(7)
If a minor is found by a court to have violated this section, 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 described in
Subsection
(7)(a)
indicates that an assessment is appropriate; or
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(7)(b)
.
Section 203. Section
76-18-305
is enacted to read:
76-18-305
Effective
05/06/26
. Unlawful delivery of drug paraphernalia.
(1)
Terms defined in Sections
76-1-101.5
,
76-18-101
, and
76-18-301
apply to this section.
(2)
An actor commits unlawful delivery of drug paraphernalia if the actor delivers,
possesses with intent to deliver, or manufactures 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 part.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a class A
misdemeanor.
(b)
A violation of Subsection
(2)
is a third degree felony if the actor:
(i)
is 18 years old or older;
(ii)
delivers drug paraphernalia to a minor; and
(iii)
is older than the minor by three or more years.
(4)
An actor may not be charged with distribution of hypodermic syringes as drug
paraphernalia if at the time of sale or distribution, the syringes are:
(a)
in a sealed sterile package; and
(b)
for a legitimate medical purpose, including:
(i)
injection of prescription medications as prescribed by a practitioner; or
(ii)
the prevention of disease transmission.
(5)
An actor 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 part.
(6)
If a minor is found by a court to have violated this section, 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 described in
Subsection
(6)(a)
indicates that an assessment is appropriate; or
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(6)(b)
.
Section 204. Section
76-18-306
is enacted to read:
76-18-306
Effective
05/06/26
. Unlawful advertisement of drug paraphernalia.
(1)
Terms defined in Sections
76-1-101.5
,
76-18-101
, and
76-18-301
apply to this section.
(2)
An actor commits unlawful advertisement of drug paraphernalia if the actor:
(a)
places in this state in a newspaper, magazine, handbill, or other publication an
advertisement; and
(b)
knows that the purpose of the advertisement described in Subsection
(2)(a)
is to
promote the sale of drug paraphernalia.
(3)
A violation of Subsection
(2)
is a class B misdemeanor.
(4)
An actor 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 part.
(5)
If a minor is found by a court to have violated this section, 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 described in
Subsection
(5)(a)
indicates that an assessment is appropriate; or
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(5)(b)
.
Section 205. Section
76-18-401
, which is renumbered from Section 58-37b-2 is renumbered
and amended to read:
4. Offenses Concerning Imitation Controlled Substances
58-37b-2
76-18-401
Effective
05/06/26
. Definitions.
As used in this
chapter
part
:
(1)
"Controlled substance" has the same meaning as provided in Section
58-37-2
58-37-101
.
(2)
"Distribute" means the actual, constructive, or attempted sale, transfer, delivery, or
dispensing to another of an imitation controlled substance.
(3)
(a)
"Imitation controlled substance" means a substance designed or packaged to
substantially resemble any legally or illegally manufactured controlled substance
,
but that is not:
.
(a)
(b)
"Imitation controlled substance" does not include:
(i)
a controlled substance; or
(b)
(ii)
a substance
represented to be any legally or illegally manufactured controlled
substance under Subsection
58-37-2(1)(i)(ii)
58-37-101(1)(h)(ii)
.
(4)
"Manufacture" means the production, preparation, compounding, processing,
encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an
imitation controlled substance.
(5)
"Minor" means an individual who is under 18 years old.
Section 206. Section
76-18-402
, which is renumbered from Section 58-37b-8 is renumbered
and amended to read:
58-37b-8
76-18-402
Effective
05/06/26
. Exemption of certain persons --
Bystander defense.
(1)
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.
(2)
It is an affirmative defense to an allegation of the commission of an offense under this
part if the actor or bystander:
(a)
reasonably believes that the actor or another individual 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;
(b)
reports, or assists an individual who reports, in good faith, the overdose event 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 actor is the subject of a report made under this section;
(c)
provides, in the report described in Subsection
(2)(b)
, a functional description of the
actual location of the overdose event that facilitates responding to the individual
experiencing the overdose event;
(d)
remains at the location of the individual experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider arrives,
or remains at the medical care facility where the individual experiencing an overdose
event is located until a responding law enforcement officer arrives;
(e)
cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the
individual experiencing the overdose event and any substances the individual may
have injected, inhaled, or otherwise introduced into the individual's body; and
(f)
is alleged to have committed the offense in the same course of events from which the
reported overdose arose.
Section 207. Section
76-18-403
, which is renumbered from Section 58-37b-6 is renumbered
and amended to read:
58-37b-6
76-18-403
Effective
05/06/26
. Unlawful use of an imitation
controlled substance.
(1)
Terms defined in Sections
76-1-101.5
,
76-18-101
, and
76-18-401
apply to this section.
(2)
It is unlawful for any person to use, or to possess
An actor commits unlawful use of
an imitation controlled substance if the actor uses, or possesses
with
the
intent to use, an
imitation controlled substance.
Any person who violates this section is guilty of
(3)
A violation of Subsection
(2)
is
a class C misdemeanor.
(4)
If a minor is found by a court to have violated this section, 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 described in
Subsection
(4)(a)
indicates that an assessment is appropriate; or
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(4)(b)
.
Section 208. Section
76-18-404
, which is renumbered from Section 58-37b-4 is renumbered
and amended to read:
58-37b-4
76-18-404
Effective
05/06/26
. Unlawful manufacture of an imitation
controlled substance.
(1)
Terms defined in Sections
76-1-101.5
,
76-18-101
, and
76-18-401
apply to this section.
(2)
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.
An actor commits unlawful manufacture of an
imitation controlled substance if the actor manufactures an imitation controlled
substance.
(3)
Subject to Subsection (4), a violation of Subsection
(2)
is a class A misdemeanor.
(4)
A violation of this section is subject to the penalties and classifications under Section
76-18-204
, Enhanced penalties and sentencing for certain drug offenses, if the trier of
fact finds the elements described under Section
76-18-204
.
(5)
If a minor is found by a court to have violated this section, 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 described in
Subsection
(5)(a)
indicates that an assessment is appropriate; or
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(5)(b)
.
Section 209. Section
76-18-405
is enacted to read:
76-18-405
Effective
05/06/26
. Unlawful distribution or possession with intent to
distribute an imitation controlled substance.
(1)
Terms defined in Sections
76-1-101.5
,
76-18-101
, and
76-18-401
apply to this section.
(2)
An actor commits unlawful distribution or possession with intent to distribute an
imitation controlled substance if the actor:
(a)
distributes an imitation controlled substance; or
(b)
possesses an imitation controlled substance with the intent to distribute the imitation
controlled substance.
(3)
Subject to Subsection
(4)
, a violation of Subsection
(2)
is a class A misdemeanor.
(4)
A violation of this section is subject to the penalties and classifications under Section
76-18-204
, Enhanced penalties and sentencing for certain drug offenses, if the trier of
fact finds the elements described under Section
76-18-204
.
(5)
If a minor is found by a court to have violated this section, 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 described in
Subsection
(5)(a)
indicates that an assessment is appropriate; or
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(5)(b)
.
Section 210. Section
76-18-406
, which is renumbered from Section 58-37b-7 is renumbered
and amended to read:
58-37b-7
76-18-406
Effective
05/06/26
. Unlawful advertisement of an
imitation controlled substance.
(1)
Terms defined in Sections
76-1-101.5
,
76-18-101
, and
76-18-401
apply to this section.
(2)
It is unlawful for any person to place any
An actor commits unlawful advertisement
of an imitation controlled substance if the actor:
(a)
places in a
newspaper, magazine, handbill, or other publication, or
to post or
distribute
posts or distributes
in any public place,
any
an
advertisement or
solicitation
; and
(b)
takes the action described in Subsection
(2)(a)
with reasonable knowledge that the
purpose of the advertisement or solicitation is to promote the distribution of
an
imitation controlled
substances
substance
.
(3)
Any person who violates this section is guilty of
A violation of Subsection
(2)
is
a
class A misdemeanor.
(4)
If a minor is found by a court to have violated this section, 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 described in
Subsection
(4)(a)
indicates that an assessment is appropriate; or
(c)
an educational series as defined in Section
41-6a-501
or substance use disorder
treatment as indicated by an assessment described in Subsection
(4)(b)
.
Section 211. Section
76-18-501
, which is renumbered from Section 58-37d-3 is renumbered
and amended to read:
5. Clandestine Drug Labs
58-37d-3
76-18-501
Effective
05/06/26
. Definitions.
(1)
As used in this
chapter
part
:
(a)
(i)
"Booby trap" means a concealed or camouflaged device designed to cause
bodily injury when triggered by the action of a person making contact with the
device.
(ii)
"Booby trap" includes guns, ammunition, or explosive devices attached to trip
wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical
devices, lines or wires with hooks attached, and devices for the production of
toxic fumes or gases.
(b)
"Clandestine laboratory operation" means the:
(i)
purchase or procurement of chemicals, supplies, equipment, or laboratory location
for the illegal manufacture of specified controlled substances;
(ii)
transportation or arranging for the transportation of chemicals, supplies, or
equipment for the illegal manufacture of specified controlled substances;
(iii)
setting up of equipment or supplies in preparation for the illegal manufacture of
specified controlled substances;
(iv)
activity of compounding, synthesis, concentration, purification, separation,
extraction, or other physical or chemical processing of a 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, when the substance is to be used for the illegal manufacture of specified
controlled substances;
(v)
illegal manufacture of specified controlled substances; or
(vi)
distribution or disposal of chemicals, equipment, supplies, or products used in or
produced by the illegal manufacture of specified controlled substances.
(c)
"Controlled substance precursor" means those chemicals designated in
Title 58,
Chapter 37c, Utah Controlled Substance Precursor Act
Title 58, Chapter 37c,
Controlled Substance Precursors
, except those substances designated in
Subsections
58-37c-3(1)(kk) and (ll)
Subsection
58-37c-101(1)(kk)
or
(ll)
.
(d)
"Counterfeit opioid" means an opioid or container or labeling of an opioid that:
(i)
(A)
without authorization bears the trademark, trade name, or other identifying
mark, imprint, number, device, or any likeness of them, of a manufacturer,
distributor, or dispenser other than the person or persons who in fact
manufactured, distributed, or dispensed the substance
which
that
falsely
purports to be an opioid distributed by another manufacturer, distributor, or
dispenser; and
(B)
a reasonable person would believe to be an opioid distributed by an authorized
manufacturer, distributor, or dispenser based on the appearance of the
substance as described under this Subsection
(1)(d)(i)
or the appearance of the
container or labeling of the opioid; or
(ii)
(A)
is falsely represented to be any legally or illegally manufactured opioid; and
(B)
a reasonable person would believe to be a legal or illegal opioid.
(e)
"Disposal" means the abandonment, discharge, deposit, injection, dumping, spilling,
leaking, or placing of hazardous or dangerous material into or on property, land, or
water so that the material may enter the environment, be emitted into the air, or
discharged into any waters, including groundwater.
(f)
"Hazardous or dangerous material" means a substance that because of
its
the
substance's
quantity, concentration, physical characteristics, or chemical
characteristics may cause or significantly contribute to an increase in mortality, an
increase in serious illness, or may pose a substantial present or potential future hazard
to human health or the environment when improperly treated, stored, transported,
disposed of, or otherwise improperly managed.
(g)
"Illegal manufacture of specified controlled substances" means in violation of
Title
58, Chapter 37, Utah Controlled Substances Act
Part 2, Offenses Concerning
Controlled Substances, or Title 58, Chapter 37, Controlled Substances
, the:
(i)
compounding, synthesis, concentration, purification, separation, extraction, or
other physical or chemical processing for the purpose of producing
methamphetamine, other amphetamine compounds as listed in Schedule I of
the
Utah Controlled Substances Act
Title 58, Chapter 37, Controlled Substances
,
phencyclidine, narcotic analgesic analogs as listed in Schedule I of
the Utah
Controlled Substances Act
Title 58, Chapter 37, Controlled Substances
, lysergic
acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit opioid;
(ii)
conversion of cocaine or methamphetamine to their base forms; or
(iii)
extraction, concentration, or synthesis of tetrahydrocannabinol.
(h)
"Opioid" means the same as that term is defined in Section
58-37f-303
.
(i)
"Tetrahydrocannabinol" means the same as that term is defined in Section
58-37-3.6
58-37-403
.
(2)
Unless otherwise specified, the definitions in Section
58-37-2
58-37-101
also apply to
this
chapter
part
.
Section 212. Section
76-18-502
, which is renumbered from Section 58-37d-2 is renumbered
and amended to read:
58-37d-2
76-18-502
Effective
05/06/26
. Purpose -- Coordination with other
sections.
(1)
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.
(2)
These highly technical illegal operations create substantial dangers to the general public
and environment from fire, explosions, and the release of toxic chemicals.
(3)
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.
(4)
Therefore, the Legislature enacts
the following Utah Clandestine Laboratory Act
this
part
for prosecution of specific illegal laboratory operations.
(5)
With regard to the controlled substances specified herein, this
act
part
shall control,
notwithstanding the prohibitions and penalties in
Title 58, Chapter 37, Utah Controlled
Substances Act
Part 2, Offenses Concerning Controlled Substances, and Title 58,
Chapter 37, Controlled Substances
.
Section 213. Section
76-18-503
, which is renumbered from Section 58-37d-9 is renumbered
and amended to read:
58-37d-9
76-18-503
Effective
05/06/26
. 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)
(a)
The division has authority to enforce this
chapter
part
.
(b)
To carry out
this purpose
enforcement of this part
, the division may:
(a)
(i)
assist the law enforcement agencies of the state in enforcing this
chapter
part
;
(b)
(ii)
conduct investigations to enforce this
chapter
part
;
(c)
(iii)
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)
(iv)
work in cooperation with the Division of Professional Licensing, created
under Section
58-1-103
, to accomplish the purposes of this section.
Section 214. Section
76-18-504
, which is renumbered from Section 58-37d-7 is renumbered
and amended to read:
58-37d-7
76-18-504
Effective
05/06/26
. 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
.
Section 215. Section
76-18-505
, which is renumbered from Section 58-37d-6 is renumbered
and amended to read:
58-37d-6
76-18-505
Effective
05/06/26
. Legal inference of intent -- Illegal
possession of a controlled substance precursor or clandestine laboratory equipment.
The trier of fact may infer that
a defendant
an actor
intended to engage in a clandestine
laboratory operation if the
defendant
actor
:
(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.
Section 216. Section
76-18-506
, which is renumbered from Section 58-37d-4 is renumbered
and amended to read:
58-37d-4
76-18-506
Effective
05/06/26
. Unlawful clandestine drug offense.
(1)
Terms defined in Sections
58-37-101
,
76-1-101.5
,
76-18-101
, and
76-18-501
apply to
this section.
(2)
It is unlawful for any person to
An actor commits an unlawful clandestine drug
offense if the actor
knowingly or intentionally:
(a)
possess
possesses
a controlled substance or a controlled substance precursor with
the intent to engage in a clandestine laboratory operation;
(b)
possess
possesses
laboratory equipment or supplies with the intent to engage in a
clandestine laboratory operation;
(c)
sell, distribute, or otherwise supply
sells, distributes, or otherwise supplies
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
evades
the recordkeeping provisions of
Title 58, Chapter 37c, Utah
Controlled Substance Precursor Act
,
Title 58, Chapter 37c, Controlled Substance
Precursors,
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
conspires with or aids
another to engage in a clandestine
laboratory operation;
(f)
produce or manufacture, or possess
produces or manufactures, or possesses
with
intent to produce or manufacture
,
a controlled or counterfeit substance except as
authorized under
Title 58, Chapter 37, Utah Controlled Substances Act
Part 2,
Offenses Concerning Controlled Substances, or Title 58, Chapter 37, Controlled
Substances
;
(g)
transport or convey
transports or conveys
a controlled or counterfeit substance with
the intent to distribute or to be distributed by the
person
actor
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
engages
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)
(3)
(a)
A person who violates Subsection
(1)
is guilty of
Except as provided in
Subsection
(3)(b)
, a violation of Subsection
(2)
is
a second degree felony punishable
by imprisonment for an indeterminate term of not less than three years nor more than
15 years.
(b)
Subject to Subsection
(4)
, a violation of Subsection
(2)(a)
,
(b)
,
(e)
,
(f)
, or
(h)
is a first
degree felony if the trier of fact also finds any one of the following conditions
occurred in conjunction with the violation:
(i)
possession of a firearm;
(ii)
use of a booby trap;
(iii)
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;
(iv)
the intended laboratory operation was to take place or did take place within 500
feet of a residence, place of business, church, or school;
(v)
the clandestine laboratory operation actually produced any amount of a specified
controlled substance or a counterfeit opioid; or
(vi)
the intended clandestine laboratory operation was for the production of cocaine
base or methamphetamine base.
(4)
If the trier of fact finds that two or more of the conditions listed in Subsection
(3)(b)
occurred in conjunction with a violation of Subsection
(2)(a)
,
(b)
,
(e)
,
(f)
, or
(h)
at
sentencing for the first degree felony:
(a)
probation may not be granted;
(b)
the execution or imposition of the sentence may not be suspended; and
(c)
the court may not enter a judgment for a lower category of offense.
Section 217. Section
77-7-8
is amended to read:
77-7-8
Effective
05/06/26
. Forcible entry to conduct search or make arrest --
Conditions requiring a warrant.
(1)
As used in this section:
(a)
"Daytime hours" means the same as that term is defined in Section
77-7-5
.
(b)
"Forcibly enter" means entering any premises by force.
(c)
"Knock" means to knock with reasonably strong force in a quick succession of three
or more contacts with a door or other point of entry into a building that would allow
the occupant to reasonably hear the peace officer's demand for entry.
(d)
"Knock and announce warrant" means a lawful search warrant that authorizes entry
into a building after knocking and demanding entry onto a premises described in
Subsection
(2)
.
(e)
"Nighttime hours" means the same as that term is defined in Section
77-7-5
.
(f)
"Peace officer" means the same as that term is defined in Section
53-1-102
.
(g)
"Premises" means any building, room, conveyance, compartment, or other enclosure.
(h)
(i)
"Supervisory official" means a command-level officer.
(ii)
"Supervisory official" includes a sheriff, a head of a law enforcement agency, and
a supervisory enforcement officer equivalent to a sergeant rank or higher.
(2)
(a)
Subject to the provisions of this Subsection
(2)
, a peace officer when making a
lawful arrest, or serving a knock and announce warrant, may forcibly enter a
premises:
(i)
if the individual to be arrested is located within the premises; or
(ii)
if there is probable cause to believe that the individual is located within the
premises.
(b)
(i)
Subject to Subsection
(3)
, before forcibly entering a premises as described in
Subsection
(2)(a)
, a peace officer shall:
(A)
wear readily identifiable markings, including a badge and vest or clothing
with a distinguishing label or other writing that identifies the individual as a
law enforcement officer;
(B)
audibly identify himself or herself as a law enforcement officer;
(C)
knock and demand admission more than once;
(D)
wait a reasonable period of time for an occupant to admit access after
knocking and demanding admission; and
(E)
explain the purpose for which admission is desired.
(3)
(a)
A peace officer does not need to:
(i)
comply with the requirements of Subsection
(2)(b)(i)(B)
, (2)(b)(i)(C), (2)(b)(i)(D),
and (2)(b)(i)(E) before forcibly entering a premises:
(A)
under the exceptions in Section
77-7-6
or
77-7-8.1
;
(B)
where there is probable cause to believe exigent circumstances exist due to the
destruction of evidence; or
(C)
where there is reasonable suspicion to believe exigent circumstances exist due
to the physical safety of a peace officer or individual inside or in near
proximity to the premises; or
(ii)
comply with the requirements described in Subsections
(2)(b)(i)(C)
and
(2)(b)(i)(D)
before forcibly entering a premises if the officer, or another peace
officer:
(A)
has been near the premises for an extended amount of time and a reasonable
person would conclude that an individual on the premises knows or should
know that a peace officer is present;
(B)
has demanded admission and announced an intent to enter the premises more
than once; and
(C)
has complied with Subsections
(2)(b)(i)(A)
, (2)(b)(i)(B), and (2)(b)(i)(E).
(b)
If a peace officer forcibly enters a premises under Subsection
(3)(a)(i)
, the peace
officer shall identify himself or herself and state the purpose for entering the premises
as soon as practicable after entering the premises.
(4)
The peace officer may use only that force that is reasonable and necessary to forcibly
enter a premises under this section.
(5)
Subject to Subsection
(6)
, if the premises to be entered under Subsection
(2)(a)
appears
to be a private residence or the peace officer knows the premises is a private residence,
and if there is no consent to enter or there are no exigent circumstances, the peace officer
shall, before entering the premises:
(a)
obtain an arrest or search warrant if the premises is the residence of the individual to
be arrested; or
(b)
obtain a search warrant if the building is a private residence, but not the residence of
the individual whose arrest is sought.
(6)
Before seeking a warrant from a judge or magistrate under Subsection
(2)(a)
, a
supervisory official shall, using the peace officer's affidavit:
(a)
independently perform an assessment to evaluate the totality of the circumstances;
(b)
ensure reasonable intelligence gathering efforts have been made;
(c)
ensure a threat assessment was completed on the individual or premises to be
searched; and
(d)
determine either that there is a sufficient basis to support seeking a warrant or require
that the peace officer continue evidence gathering efforts.
(7)
Notwithstanding any other provision of this chapter, a peace officer may not forcibly
enter a premises based solely on:
(a)
the alleged possession or use of a controlled substance under Section
58-37-8
76-18-207
; or
(b)
the alleged possession of drug paraphernalia as defined in Section
58-37a-3
76-18-301
.
(8)
All arrest warrants are subject to the conditions described in Subsection
77-7-5(2)
.
(9)
A peace officer shall serve a knock and announce warrant during daytime hours unless a
peace officer has requested, and a judge or magistrate has approved, for the warrant to
be served during nighttime hours.
Section 218. Section
77-11a-101
is amended to read:
77-11a-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
(a)
"Agency" means an agency of this state or a political subdivision of this state.
(b)
"Agency" includes a law enforcement agency or a multijurisdictional task force.
(2)
"Claimant" means:
(a)
an owner of property;
(b)
an interest holder; or
(c)
an individual or entity who asserts a claim to any property for which an agency seeks
to forfeit.
(3)
(a)
"Computer" means, except as provided in Subsection
(3)(c)
, an electronic,
magnetic, optical, electrochemical, or other high-speed data processing device that
performs logical, arithmetic, and storage functions.
(b)
"Computer" includes any device that is used for the storage of digital or electronic
files, flash memory, software, or other electronic information.
(c)
"Computer" does not mean a computer server of an Internet or electronic service
provider, or the service provider's employee, if used to comply with the requirements
under 18 U.S.C. Sec. 2258A.
(4)
(a)
"Contraband" means any property, item, or substance that is unlawful to produce
or to possess under state or federal law.
(b)
"Contraband" includes:
(i)
a controlled substance that is possessed, transferred, distributed, or offered for
distribution in violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2,
Offenses Concerning Controlled Substances
; or
(ii)
a computer that:
(A)
contains or houses child sexual abuse material, or is used to create, download,
transfer, upload to a storage account, or store any electronic or digital files
containing child sexual abuse material; or
(B)
contains the personal identifying information of another individual, as defined
in Section
76-6-1101
, whether that individual is alive or deceased, and the
personal identifying information has been used to create false or fraudulent
identification documents or financial transaction cards in violation of Title 76,
Chapter 6, Part 5, Fraud.
(5)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(6)
"Court" means a municipal, county, or state court.
(7)
"Division of Law Enforcement" means the division within the Department of Natural
Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement.
(8)
"Evidence" means the same as that term is defined in Section
77-11c-101
.
(9)
"Forfeit" means to divest a claimant of an ownership interest in property seized by a
peace officer or agency.
(10)
"Innocent owner" means a claimant who:
(a)
held an ownership interest in property at the time of the commission of an offense
subjecting the property to seizure, and:
(i)
did not have actual knowledge of the offense subjecting the property to seizure; or
(ii)
upon learning of the commission of the offense, took reasonable steps to prohibit
the use of the property in the commission of the offense; or
(b)
acquired an ownership interest in the property and had no knowledge that the
commission of the offense subjecting the property to seizure had occurred or that the
property had been seized, and:
(i)
acquired the property in a bona fide transaction for value;
(ii)
was an individual, including a minor child, who acquired an interest in the
property through probate or inheritance; or
(iii)
was a spouse who acquired an interest in property through dissolution of
marriage or by operation of law.
(11)
(a)
"Interest holder" means a secured party as defined in Section
70A-9a-102
, a
party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security
interest or encumbrance pertaining to an interest in property, whose interest would be
perfected against a good faith purchaser for value.
(b)
"Interest holder" does not mean a person:
(i)
who holds property for the benefit of or as an agent or nominee for another
person; or
(ii)
who is not in substantial compliance with any statute requiring an interest in
property to be:
(A)
recorded or reflected in public records in order to perfect the interest against a
good faith purchaser for value; or
(B)
held in control by a secured party, as defined in Section
70A-9a-102
, in
accordance with Section
70A-9a-314
in order to perfect the interest against a
good faith purchaser for value.
(12)
"Law enforcement agency" means:
(a)
a municipal, county, state institution of higher education, or state police force or
department;
(b)
a sheriff's office; or
(c)
a municipal, county, or state prosecuting authority.
(13)
"Legislative body" means:
(a)
(i)
the Legislature, county commission, county council, city commission, city
council, or town council that has fiscal oversight and budgetary approval authority
over an agency; or
(ii)
the agency's governing political subdivision; or
(b)
the lead governmental entity of a multijurisdictional task force, as designated in a
memorandum of understanding executed by the agencies participating in the task
force.
(14)
"Multijurisdictional task force" means a law enforcement task force or other agency
comprised of individuals who are employed by or acting under the authority of different
governmental entities, including federal, state, county, or municipal governments, or any
combination of federal, state, county, or municipal agencies.
(15)
"Owner" means an individual or entity, other than an interest holder, that possesses a
bona fide legal or equitable interest in property.
(16)
"Pawn or secondhand business" means the same as that term is defined in Section
13-32a-102
.
(17)
"Peace officer" means an employee:
(a)
of an agency;
(b)
whose duties consist primarily of the prevention and detection of violations of laws
of this state or a political subdivision of this state; and
(c)
who is authorized by the agency to seize property.
(18)
(a)
"Proceeds" means:
(i)
property of any kind that is obtained directly or indirectly as a result of the
commission of an offense; or
(ii)
any property acquired directly or indirectly from, produced through, realized
through, or caused by an act or omission regarding property under Subsection
(18)(a)(i)
.
(b)
"Proceeds" includes any property of any kind without reduction for expenses
incurred in the acquisition, maintenance, or production of that property, or any other
purpose regarding property under Subsection
(18)(a)(i)
.
(c)
"Proceeds" is not limited to the net gain or profit realized from the offense that
subjects the property to seizure.
(19)
(a)
"Property" means all property, whether real or personal, tangible or intangible.
(b)
"Property" does not include contraband.
(20)
"Prosecuting attorney" means:
(a)
the attorney general and an assistant attorney general;
(b)
a district attorney or deputy district attorney;
(c)
a county attorney or assistant county attorney; and
(d)
an attorney authorized to commence an action on behalf of the state.
(21)
"Public interest use" means a:
(a)
use by a government agency as determined by the legislative body of the agency's
jurisdiction; or
(b)
donation of the property to a nonprofit charity registered with the state.
(22)
"Real property" means land, including any building, fixture, improvement,
appurtenance, structure, or other development that is affixed permanently to land.
(23)
(a)
"Seized property" means property seized by a peace officer or agency in
accordance with Section
77-11a-201
.
(b)
"Seized property" includes property that the agency seeks to forfeit under Chapter
11b, Forfeiture of Seized Property.
Section 219. Section
77-11b-102
is amended to read:
77-11b-102
Effective
05/06/26
. Property subject to forfeiture.
(1)
(a)
Except as provided in Subsection
(2)
,
(3)
,
(4)
, or
(5)
, an agency may seek to
forfeit:
(i)
seized property that was used to facilitate the commission of an offense that is a
violation of federal or state law; or
(ii)
seized proceeds.
(b)
An agency, or the prosecuting attorney, may not forfeit the seized property of an
innocent owner or an interest holder.
(2)
If seized property is used to facilitate an offense that is a violation of Section
76-5c-202
,
76-5c-203
,
76-5c-204
,
76-5c-205
,
76-5c-206
, or
76-5c-305
, an agency may not forfeit
the property if the forfeiture would constitute a prior restraint on the exercise of an
affected party's rights under the First Amendment to the Constitution of the United
States or
Utah Constitution, Article I, Section 15
, or would otherwise unlawfully
interfere with the exercise of the party's rights under the First Amendment to the
Constitution of the United States or
Utah Constitution, Article I, Section 15.
(3)
If a motor vehicle is used in an offense that is a violation of Section
41-6a-502
,
41-6a-517
, a local ordinance that complies with the requirements of Subsection
41-6a-510(1)
, Subsection
76-5-102.1(2)(b)
, or Section
76-5-207
, an agency may not
seek forfeiture of the motor vehicle, unless:
(a)
the operator of the vehicle has previously been convicted of an offense committed
after May 12, 2009, that is:
(i)
a felony driving under the influence violation under Section
41-6a-502
or
Subsection
76-5-102.1(2)(a)
;
(ii)
a felony violation under Subsection
76-5-102.1(2)(b)
;
(iii)
a violation under Section
76-5-207
; or
(iv)
operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022,
Laws of Utah 2021, Chapter 236
, Section 1, Subsection
58-37-8(2)(g)
; or
(b)
the operator of the vehicle was driving on a denied, suspended, revoked, or
disqualified license and:
(i)
the denial, suspension, revocation, or disqualification under Subsection
(3)(b)(ii)
was imposed because of a violation under:
(A)
Section
41-6a-502
;
(B)
Section
41-6a-517
;
(C)
a local ordinance that complies with the requirements of Subsection
41-6a-510(1)
;
(D)
Section
41-6a-520.1
;
(E)
operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022,
Laws of Utah 2021, Chapter 236
, Section 1, Subsection
58-37-8(2)(g)
;
(F)
Section
76-5-102.1
;
(G)
Section
76-5-207
; or
(H)
a criminal prohibition as a result of a plea bargain after having been originally
charged with violating one or more of the sections or ordinances described in
Subsections
(3)(b)(i)(A)
through
(G)
; or
(ii)
the denial, suspension, revocation, or disqualification described in Subsection
(3)(b)(i)
:
(A)
is an extension imposed under Subsection
53-3-220(2)
of a denial, suspension,
revocation, or disqualification; and
(B)
the original denial, suspension, revocation, or disqualification was imposed
because of a violation described in Subsection
(3)(b)(i)
.
(4)
If a peace officer seizes property incident to an arrest solely for possession of a
controlled substance under
Subsection
58-37-8(2)(a)(i)
Section
76-18-207
but not
Subsection
58-37-8(2)(b)(i)
76-18-207(3)(a)
, an agency may not seek to forfeit the
property that was seized in accordance with the arrest.
(5)
If a peace officer seizes an individual's firearm as the result of an offense under Section
76-11-218
, an agency may not seek to forfeit the individual's firearm if the individual
may lawfully possess the firearm.
Section 220. Section
77-11c-101
is amended to read:
77-11c-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Acquitted" means the same as that term is defined in Section
77-11b-101
.
(2)
"Adjudicated" means that:
(a)
(i)
a judgment of conviction by plea or verdict of an offense has been entered by a
court; and
(ii)
a sentence has been imposed by the court; or
(b)
a judgment has been entered for an adjudication of an offense by a juvenile court
under Section
80-6-701
.
(3)
"Adjudication" means:
(a)
a judgment of conviction by plea or verdict of an offense; or
(b)
an adjudication for an offense by a juvenile court under Section
80-6-701
.
(4)
"Agency" means the same as that term is defined in Section
77-11a-101
.
(5)
"Appellate court" means the Utah Court of Appeals, the Utah Supreme Court, or the
United States Supreme Court.
(6)
(a)
"Biological evidence" means an item that contains blood, semen, hair, saliva,
epithelial cells, latent fingerprint evidence that may contain biological material
suitable for DNA testing, or other identifiable human biological material that:
(i)
is collected as part of an investigation or prosecution of a violent felony offense;
and
(ii)
may reasonably be used to incriminate or exculpate a person for the violent
felony offense.
(b)
"Biological evidence" includes:
(i)
material that is catalogued separately, including:
(A)
on a slide or swab; or
(B)
inside a test tube, if the evidentiary sample that previously was inside the test
tube has been consumed by testing;
(ii)
material that is present on other evidence, including clothing, a ligature, bedding,
a drinking cup, a cigarette, or a weapon, from which a DNA profile may be
obtained;
(iii)
the contents of a sexual assault kit; and
(iv)
for a violent felony offense, material described in this Subsection
(6)
that is in
the custody of an evidence collecting or retaining entity on May 4, 2022.
(7)
"Claimant" means the same as that term is defined in Section
77-11a-101
.
(8)
"Computer" means the same as that term is defined in Section
77-11a-101
.
(9)
"Continuous chain of custody" means:
(a)
for a law enforcement agency or a court, that legal standards regarding a continuous
chain of custody are maintained; and
(b)
for an entity that is not a law enforcement agency or a court, that the entity maintains
a record in accordance with legal standards required of the entity.
(10)
"Contraband" means the same as that term is defined in Section
77-11a-101
.
(11)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(12)
"Court" means a municipal, county, or state court.
(13)
"DNA" means deoxyribonucleic acid.
(14)
"DNA profile" means a unique identifier of an individual derived from DNA.
(15)
"Drug paraphernalia" means the same as that term is defined in Section
58-37a-3
76-18-301
.
(16)
"Evidence" means property, contraband, or an item or substance that:
(a)
is seized or collected as part of an investigation or prosecution of an offense; and
(b)
may reasonably be used to incriminate or exculpate an individual for an offense.
(17)
(a)
"Evidence collecting or retaining entity" means an entity within the state that
collects, stores, or retrieves biological evidence.
(b)
"Evidence collecting or retaining entity" includes:
(i)
a medical or forensic entity;
(ii)
a law enforcement agency;
(iii)
a court; and
(iv)
an official, employee, or agent of an entity or agency described in this Subsection
(17)
.
(v)
(c)
"Evidence collecting or retaining entity" does not include a collecting facility
defined in Section
53-10-902
.
(18)
"Exhibit" means property, contraband, or an item or substance that is admitted into
evidence for a court proceeding.
(19)
"In custody" means an individual who:
(a)
is incarcerated, civilly committed, on parole, or on probation; or
(b)
is required to register under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse
Offender Registry.
(20)
"Law enforcement agency" means the same as that term is defined in Section
77-11a-101
.
(21)
"Medical or forensic entity" means a private or public hospital, medical facility, or
other entity that secures biological evidence or conducts forensic examinations related to
criminal investigations.
(22)
"Physical evidence" includes evidence that:
(a)
is related to:
(i)
an investigation;
(ii)
an arrest; or
(iii)
a prosecution that resulted in a judgment of conviction; and
(b)
is in the actual or constructive possession of a law enforcement agency or a court or
an agent of a law enforcement agency or a court.
(23)
"Property" means the same as that term is defined in Section
77-11a-101
.
(24)
"Prosecuting attorney" means the same as that term is defined in Section
77-11a-101
.
(25)
"Sexual assault kit" means the same as that term is defined in Section
53-10-902
.
(26)
"Victim" means the same as that term is defined in Section
53-10-902
.
(27)
"Violent felony offense" means the same as the term "violent felony" is defined in
Section
76-3-203.5
.
(28)
"Wildlife" means the same as that term is defined in Section
23A-1-101
.
Section 221. Section
77-23-210
is amended to read:
77-23-210
Effective
05/06/26
. Force used in executing a search warrant --
When notice of authority is required as a prerequisite.
(1)
(a)
No later than July 1, 2015, any law enforcement agency that seeks a warrant under
this section shall comply with guidelines and procedures which are, at a minimum, in
accordance with state law and model guidelines and procedures recommended by the
Utah Peace Officer Standards and Training Council created in Section
53-6-106
.
(b)
Written policies adopted pursuant to this section shall be subject to public disclosure
and inspection, in accordance with
Title 63G, Chapter 2, Government Records
Access and Management Act
.
(2)
When a search warrant has been issued authorizing entry into any building, room,
conveyance, compartment, or other enclosure, the officer executing the warrant may
enter:
(a)
if, after giving notice of the officer's authority and purpose, there is no response or
the officer is not admitted with reasonable promptness; or
(b)
without notice of the officer's authority and purpose as provided in Subsection
(3)
.
(3)
(a)
The officer may enter without notice only if:
(i)
there is reasonable suspicion to believe that the notice will endanger the life or
safety of the officer or another person;
(ii)
there is probable cause to believe that evidence may be easily or quickly
destroyed;
or
(iii)
the magistrate, having found probable cause based upon proof provided under
oath that the object of the search may be easily or quickly destroyed, or having
found reason to believe that physical harm may result to any person if notice were
given, has directed that the officer need not give notice of authority and purpose
before entering the premises to be searched under the Rules of Criminal
Procedure; or
(iv)
the officer physically observes and documents a previously unknown event or
circumstance at the time the warrant is being executed which creates probable
cause to believe the object of the search is being destroyed, or creates reasonable
suspicion to believe that physical harm may result to any person if notice were
given.
(b)
The officer shall identify himself or herself and state the purpose for entering the
premises as soon as practicable after entering.
(4)
An officer executing a warrant under this section may use only that force which is
reasonable and necessary to execute the warrant.
(5)
An officer executing a warrant under this section shall wear readily identifiable
markings, including a badge and vest or clothing with a distinguishing label or other
writing which indicates that he or she is a law enforcement officer.
(6)
(a)
An officer executing a warrant under this section shall comply with the officer's
employing agency's body worn camera policy when the officer is equipped with a
body-worn camera.
(b)
The employing agency's policy regarding the use of body-worn cameras shall include
a provision that an officer executing a warrant under this section shall wear a
body-worn camera when a camera is available, except in exigent circumstances
where it is not practicable to do so.
(7)
(a)
The officer shall take reasonable precautions in execution of any search warrant to
minimize the risks of unnecessarily confrontational or invasive methods which may
result in harm to any person.
(b)
The officer shall minimize the risk of searching the wrong premises by verifying that
the premises being searched is consistent with a particularized description in the
search warrant, including such factors as the type of structure, the color, the address,
and orientation of the target property in relation to nearby structures as is reasonably
necessary.
(8)
Notwithstanding any provision in this chapter, a warrant authorizing forcible entry
without prior announcement may not be issued under this section, solely for:
(a)
the alleged possession or use of a controlled substance; or
(b)
the alleged possession of drug paraphernalia as provided in Section
58-37a-3
76-18-301
.
Section 222. Section
77-23a-8
is amended to read:
77-23a-8
Effective
05/06/26
. Court order to authorize or approve interception
-- Procedure.
(1)
The attorney general of the state, any assistant attorney general specially designated by
the attorney general, any county attorney, district attorney, deputy county attorney, or
deputy district attorney specially designated by the county attorney or by the district
attorney, may authorize an application to a judge of competent jurisdiction for an order
for an interception of wire, electronic, or oral communications by any law enforcement
agency of the state, the federal government or of any political subdivision of the state
that is responsible for investigating the type of offense for which the application is made.
(2)
The judge may grant the order in conformity with the required procedures when the
interception sought may provide or has provided evidence of the commission of:
(a)
an act:
(i)
prohibited by the criminal provisions of:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37,
Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning
Controlled Substances
;
(B)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act
Title 58,
Chapter 37c, Controlled Substance Precursors
; or
(C)
Title 58, Chapter 37d, Clandestine Drug Lab Act
Title 76, Chapter 18, Part 5,
Clandestine Drug Labs
; and
(ii)
punishable by a term of imprisonment of more than one year;
(b)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
Securities Act, and punishable by a term of imprisonment of more than one year;
(c)
an offense:
(i)
of:
(A)
attempt under Section
76-4-101
;
(B)
conspiracy under Section
76-4-201
;
(C)
criminal solicitation of an adult, Section
76-4-203
; or
(D)
criminal solicitation of a minor, Section
76-4-205
; and
(ii)
punishable by a term of imprisonment of more than one year;
(d)
a threat of terrorism offense punishable by a maximum term of imprisonment of
more than one year under Section
76-5-107.3
;
(e)
(i)
aggravated murder under Section
76-5-202
;
(ii)
murder under Section
76-5-203
; or
(iii)
manslaughter under Section
76-5-205
;
(f)
(i)
kidnapping under Section
76-5-301
;
(ii)
child kidnapping under Section
76-5-301.1
;
(iii)
aggravated kidnapping under Section
76-5-302
;
(iv)
human trafficking for labor under Section
76-5-308
;
(v)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(vi)
human trafficking of a child under Section
76-5-308.5
;
(vii)
human smuggling under Section
76-5-308.3
;
(viii)
aggravated human trafficking under Section
76-5-310
; or
(ix)
aggravated human smuggling under Section
76-5-310.1
;
(g)
(i)
arson under Section
76-6-102
; or
(ii)
aggravated arson under Section
76-6-103
;
(h)
(i)
burglary under Section
76-6-202
; or
(ii)
aggravated burglary under Section
76-6-203
;
(i)
(i)
robbery under Section
76-6-301
; or
(ii)
aggravated robbery under Section
76-6-302
;
(j)
an offense:
(i)
of:
(A)
theft under Section
76-6-404
;
(B)
theft by deception under Section
76-6-405
; or
(C)
theft by extortion under Section
76-6-406
; and
(ii)
punishable by a maximum term of imprisonment of more than one year;
(k)
an offense of receiving stolen property that is punishable by a maximum term of
imprisonment of more than one year under Section
76-6-408
;
(l)
a financial card transaction offense punishable by a maximum term of imprisonment
of more than one year under Section
76-6-506.2
,
76-6-506.3
, or
76-6-506.6
;
(m)
bribery of a labor official under Section
76-6-509
;
(n)
bribery or threat to influence a publicly exhibited contest under Section
76-6-514
;
(o)
a criminal simulation offense punishable by a maximum term of imprisonment of
more than one year under Section
76-6-518
;
(p)
criminal usury under Section
76-6-520
;
(q)
insurance fraud punishable by a maximum term of imprisonment of more than one
year under Section
76-6-521
;
(r)
a violation under Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable
by a maximum term of imprisonment of more than one year under Section
76-6-703
;
(s)
bribery to influence official or political actions under Section
76-8-103
;
(t)
misusing public money or public property under Section
76-8-402
;
(u)
tampering with a witness under Section
76-8-508
;
(v)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(w)
tampering or retaliating against a juror under Section
76-8-508.5
;
(x)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(y)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(z)
obstruction of justice in a criminal investigation or proceeding under Section
76-8-306
;
(aa)
harboring or concealing offender who has escaped from official custody under
Section
76-8-309.2
;
(bb)
destruction of property to interfere with preparations for defense or war under
Section
76-8-802
;
(cc)
an attempt to commit crimes of sabotage under Section
76-8-804
;
(dd)
conspiracy to commit crimes of sabotage under Section
76-8-805
;
(ee)
advocating criminal syndicalism or sabotage under Section
76-8-902
;
(ff)
assembling for advocating criminal syndicalism or sabotage under Section
76-8-903
;
(gg)
riot punishable by a maximum term of imprisonment of more than one year under
Section
76-9-101
;
(hh)
dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
maximum term of imprisonment of more than one year under Section
76-13-205
;
(ii)
delivery to a common carrier or mailing of an explosive, chemical, or incendiary
device under Section
76-15-209
;
(jj)
unlawful conduct involving an explosive, chemical, or incendiary device under
Section
76-15-210
;
(kk)
unlawful conduct involving an explosive, chemical, or incendiary part under
Section
76-15-211
;
(ll)
exploiting prostitution under Section
76-5d-207
;
(mm)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nn)
bus hijacking under Section
76-9-1502
;
(oo)
assault with intent to commit bus hijacking under Section
76-9-1503
;
(pp)
unlawful discharge of a firearm or hurling of a missile into a bus or terminal under
Section
76-9-1504
;
(qq)
violations under Title 76, Chapter 17, Part 4, Offenses Concerning
a Pattern
Patterns
of Unlawful Activity, and the offenses listed under the definition of unlawful
activity in the act, including the offenses not punishable by a maximum term of
imprisonment of more than one year when those offenses are investigated as
predicates for the offenses prohibited by the act under Section
76-17-401
;
(rr)
communications fraud under Section
76-6-525
;
(ss)
money laundering under Sections
76-9-1602
and
76-9-1603
; or
(tt)
reporting by a person engaged in a trade or business when the offense is punishable
by a maximum term of imprisonment of more than one year under Section
76-9-1604
.
Section 223. Section
77-40a-101
is amended to read:
77-40a-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Agency" means a state, county, or local government entity that generates or maintains
records relating to an investigation, arrest, detention, or conviction for an offense for
which expungement may be ordered.
(2)
"Automatic expungement" means the expungement of records of an investigation,
arrest, detention, or conviction of an offense without the filing of a petition.
(3)
"Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in Section
53-10-201
.
(4)
"Certificate of eligibility" means a document issued by the bureau stating that the
criminal record and all records of arrest, investigation, and detention associated with a
case that is the subject of a petition for expungement is eligible for expungement.
(5)
"Civil accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(6)
"Civil judgment of restitution" means the same as that term is defined in Section
77-32b-102
.
(7)
"Civil protective order" means the same as that term is defined in Section
78B-7-102
.
(8)
"Clean slate eligible case" means a case that is eligible for automatic expungement
under Section
77-40a-205
.
(9)
"Conviction" means judgment by a criminal court on a verdict or finding of guilty after
trial, a plea of guilty, or a plea of nolo contendere.
(10)
"Court" means a district court or a justice court.
(11)
"Criminal accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(12)
"Criminal protective order" means the same as that term is defined in Section
78B-7-102
.
(13)
"Criminal stalking injunction" means the same as that term is defined in Section
78B-7-102
.
(14)
"Department" means the Department of Public Safety established in Section
53-1-103
.
(15)
"Drug possession offense" means:
(a)
an offense described in
Subsection 58-37-8(2)
Section
76-18-207
,
76-18-212
, or
76-18-213
, except for:
(i)
an offense under Subsection
58-37-8(2)(b)(i)
76-18-207(3)(a)
, possession of 100
pounds or more of marijuana;
(ii)
an offense enhanced under Subsection
58-37-8(2)(e)
76-18-207(4)(b)
, violation
in a correctional facility; or
(iii)
an offense for driving with a controlled substance illegally in the person's body
and negligently causing serious bodily injury or death of another, as codified
before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8(2)(g)
;
(b)
an offense described in
Subsection 58-37a-5(1)
Section
76-18-304
,
regarding
use or
possession of drug paraphernalia;
(c)
an offense described in Section
58-37b-6
76-18-403
,
regarding
possession or use of
an imitation controlled substance;
or
(d)
an offense described in a statute previously in effect in this state that is the same or
substantially similar to a violation of an offense described in this Subsection
(15)
; or
(d)
(e)
any local ordinance which is substantially similar to any of the offenses
described in this Subsection
(15)
.
(16)
(a)
"Expunge" means to remove a record from public inspection by:
(i)
sealing the record; or
(ii)
restricting or denying access to the record.
(b)
"Expunge" does not include the destruction of a record.
(17)
"Indigent" means a financial status that results from a court finding that a petitioner is
financially unable to pay the fee to file a petition for expungement under Section
78A-2-302
.
(18)
"Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(19)
(a)
"Minor regulatory offense" means a class B or C misdemeanor offense or a local
ordinance.
(b)
"Minor regulatory offense" includes an offense under Section
76-9-110
or
76-9-1106
.
(c)
"Minor regulatory offense" does not include:
(i)
any drug possession offense;
(ii)
an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(iii)
an offense under Sections
73-18-13
through
73-18-13.6
;
(iv)
except as provided in Subsection
(19)(b)
, an offense under Title 76, Utah
Criminal Code; or
(v)
any local ordinance that is substantially similar to an offense listed in Subsections
(19)(c)(i)
through
(iv)
.
(20)
"Petitioner" means an individual applying for expungement under this chapter.
(21)
"Plea in abeyance" means the same as that term is defined in Section
77-2a-1
.
(22)
"Record" means a book, letter, document, paper, map, plan, photograph, film, card,
tape, recording, electronic data, or other documentary material, regardless of physical
form or characteristics, that:
(a)
is contained in the agency's file regarding the arrest, detention, investigation,
conviction, sentence, incarceration, probation, or parole of an individual; and
(b)
is prepared, owned, received, or retained by an agency, including a court.
(23)
"Special certificate" means a document issued as described in Subsection
77-40a-304(1)(c)
by the bureau stating that the criminal record and all records of arrest,
investigation, and detention associated with the case do not clearly demonstrate whether
the case is eligible for expungement.
(24)
(a)
"Traffic offense" means:
(i)
an infraction or a class C misdemeanor offense under Title 41, Chapter 1a, Motor
Vehicle Act;
(ii)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 41, Chapter 6a, Traffic Code;
(iii)
an infraction or a class C misdemeanor offense under Title 41, Chapter 12a,
Financial Responsibility of Motor Vehicle Owners and Operators Act;
(iv)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 53, Chapter 3, Part 2, Driver Licensing Act;
(v)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 73, Chapter 18, State Boating Act; and
(vi)
all local ordinances that are substantially similar to an offense listed in
Subsections
(24)(a)(i)
through
(iii)
.
(b)
"Traffic offense" does not include:
(i)
an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(ii)
an offense under Section
41-12a-302
for operating a motor vehicle without
owner's or operator's security;
(iii)
an offense under Section
41-12a-303.3
for providing false evidence of owner's or
operator's security;
(iv)
an offense under Sections
73-18-13
through
73-18-13.6
; or
(v)
any local ordinance that is substantially similar to an offense listed in Subsection
(24)(b)(i)
or
(ii)
.
(25)
"Traffic offense case" means that each offense in the case is a traffic offense.
Section 224. Section
77-40a-205
is amended to read:
77-40a-205
Effective
05/06/26
. Automatic expungement of state records for a
clean slate case.
(1)
A court shall issue an order of expungement, without the filing of a petition, for all
records of the case that are held by the court and the bureau if:
(a)
on and after October 1, 2024, but before January 1, 2026, the individual submitted a
form requesting expungement of a case as described in Section
77-40a-204
;
(b)
the case is eligible for expungement under this section; and
(c)
the prosecuting agency does not object to the expungement of the case as described
in Subsection
(6)
.
(2)
Except as otherwise provided in Subsection
(3)
, a case is eligible for expungement
under this section if:
(a)
(i)
each conviction within the case is a conviction for:
(A)
a misdemeanor offense for possession of a controlled substance in violation of
Subsection
58-37-8(2)(a)(i)
Section
76-18-207
, or an offense described in a
statute previously in effect in this state that is the same or substantially similar
to a violation of Section
76-18-207
;
(B)
a class B misdemeanor offense;
(C)
a class C misdemeanor offense; or
(D)
an infraction; and
(ii)
the following time periods have passed after the day on which the individual is
adjudicated:
(A)
at least five years for the conviction of a class C misdemeanor offense or an
infraction;
(B)
at least six years for the conviction of a class B misdemeanor offense; or
(C)
at least seven years for the conviction of a class A misdemeanor offense for
possession of a controlled substance in violation of
Subsection
58-37-8(2)(a)(i)
Section
76-18-207
, or an offense described in a statute previously in effect in
this state that is the same or substantially similar to a violation of Section
76-18-207
; or
(b)
(i)
the case is dismissed as a result of a successful completion of a plea in
abeyance agreement governed by Subsection
77-2a-3(2)(b)
or the case is
dismissed without prejudice;
(ii)
each charge within the case is:
(A)
a misdemeanor offense for possession of a controlled substance in violation of
Subsection
58-37-8(2)(a)(i)
Section
76-18-207
, or an offense described in a
statute previously in effect in this state that is the same or substantially similar
to a violation of Section
76-18-207
;
(B)
a class B misdemeanor offense;
(C)
a class C misdemeanor offense; or
(D)
an infraction; and
(iii)
the following time periods have passed after the day on which the case is
dismissed:
(A)
at least five years for a charge in the case for a class C misdemeanor offense
or an infraction;
(B)
at least six years for a charge in the case for a class B misdemeanor offense; or
(C)
at least seven years for a charge in the case for a class A misdemeanor offense
for possession of a controlled substance in violation of
Subsection
58-37-8(2)(a)(i)
Section
76-18-207
, or an offense described in a statute
previously in effect in this state that is the same or substantially similar to a
violation of Section
76-18-207
.
(3)
A case is not eligible for expungement under this section if:
(a)
the individual has a total number of convictions in courts of this state that exceed the
limits under Subsection
77-40a-303(4)
or
(5)
without taking into consideration:
(i)
the exception in Subsection
77-40a-303(7)
; or
(ii)
any infraction, traffic offense, or minor regulatory offense;
(b)
there is a criminal proceeding for a misdemeanor or felony offense pending in a
court of this state against the individual, unless the proceeding is for a traffic offense;
(c)
for an individual seeking an automatic expungement on and after January 1, 2025,
the individual is incarcerated in the state prison or on probation or parole that is
supervised by the Division of Adult Probation and Parole created in Section
64-14-202
;
(d)
the case resulted in the individual being found not guilty by reason of insanity;
(e)
the case establishes a criminal accounts receivable that:
(i)
has been entered as a civil accounts receivable or a civil judgment of restitution
and transferred to the Office of State Debt Collection under Section
77-18-114
; or
(ii)
has not been satisfied according to court records; or
(f)
the case resulted in a plea held in abeyance or a conviction for the following offenses:
(i)
any of the offenses listed in Subsection
77-40a-303(2)(a)
;
(ii)
an offense against the person in violation of Title 76, Chapter 5, Offenses Against
the Individual;
(iii)
a weapons offense in violation of Title 76, Chapter 11, Weapons;
(iv)
sexual battery in violation of Section
76-5-418
;
(v)
an act of lewdness in violation of Section
76-5-419
or
76-5-420
;
(vi)
an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the
Influence and Reckless Driving;
(vii)
damage to or interruption of a communication device in violation of Section
76-6-108
;
(viii)
a domestic violence offense as defined in Section
77-36-1
;
(ix)
driving under the influence of alcohol, drugs, or a combination of both, or with
specified or unsafe blood alcohol concentration, as codified before February 2,
2005, Laws of Utah 2005, Chapter 2; or
(x)
any other offense classified in the Utah Code as a felony or a class A
misdemeanor other than a class A misdemeanor conviction for possession of a
controlled substance in violation of
Subsection
58-37-8(2)(a)(i)
Section
76-18-207
, or an offense described in a statute previously in effect in this state
that is the same or substantially similar to a violation of Section
76-18-207
.
(4)
A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal
Procedure shall receive notice on a monthly basis for any case prosecuted by that agency
that appears to be eligible for automatic expungement under this section.
(5)
Within 35 days after the day on which the notice described in Subsection
(4)
is sent, the
prosecuting agency shall provide written notice in accordance with Rule 42 of the Utah
Rules of Criminal Procedure if the prosecuting agency objects to an automatic
expungement for any of the following reasons:
(a)
the prosecuting agency believes that the case is not eligible for expungement under
this section after reviewing the agency record;
(b)
the individual has not paid restitution to the victim as ordered by the court; or
(c)
the prosecuting agency has a reasonable belief, grounded in supporting facts, that an
individual involved in the case is continuing to engage in criminal activity within or
outside of the state.
(6)
If a prosecuting agency provides written notice of an objection for a reason described in
Subsection
(5)
within 35 days after the day on which the notice under Subsection
(4)
is
sent, the court may not proceed with automatic expungement of the case.
(7)
If 35 days pass after the day on which the notice described in Subsection
(4)
is sent
without the prosecuting agency providing written notice of an objection under
Subsection
(5)
, the court shall proceed with automatic expungement of the case.
(8)
If a court issues an order of expungement under Subsection
(1)
, the court shall:
(a)
expunge all records of the case held by the court in accordance with Section
77-40a-401
; and
(b)
notify the bureau and the prosecuting agency identified in the case, based on
information available to the court, of the order of expungement.
Section 225. Section
78A-2-231
is amended to read:
78A-2-231
Effective
05/06/26
. Consideration of lawful use or possession of
medical cannabis.
(1)
As used in this section:
(a)
"Cannabis product" means the same as that term is defined in Section
26B-4-201
.
(b)
"Directions of use" means the same as that term is defined in Section
26B-4-201
.
(c)
"Dosing guidelines" means the same as that term is defined in Section
26B-4-201
.
(d)
"Medical cannabis" means the same as that term is defined in Section
26B-4-201
.
(e)
"Medical cannabis card" means the same as that term is defined in Section
26B-4-201
.
(f)
"Medical cannabis device" means the same as that term is defined in Section
26B-4-201
.
(g)
"Recommending medical provider" means the same as that term is defined in Section
26B-4-201
.
(2)
In any judicial proceeding in which a judge, panel, jury, or court commissioner makes a
finding, determination, or otherwise considers an individual's medical cannabis card,
medical cannabis recommendation from a recommending medical provider, or
possession or use of medical cannabis, a cannabis product, or a medical cannabis device,
the judge, panel, jury, or court commissioner may not consider or treat the individual's
card, recommendation, possession, or use any differently than the lawful possession or
use of any prescribed controlled substance if:
(a)
the individual's possession complies with
Title 4, Chapter 41a, Cannabis Production
Establishments and Pharmacies
;
(b)
the individual's possession or use complies with Subsection
58-37-3.7(2)
58-37-404(2)
or
(3)
; or
(c)
(i)
the individual's possession or use complies with
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
; and
(ii)
the individual reasonably complies with the directions of use and dosing
guidelines determined by the individual's recommending medical provider or
through a consultation described in Subsection
26B-4-230(5)
.
(3)
Notwithstanding Sections
77-18-105
and
77-2a-3
, for probation, release, a plea in
abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules
of Juvenile Procedure, Rule 25, a term or condition may not require that an individual
abstain from the use or possession of medical cannabis, a cannabis product, or a medical
cannabis device, either directly or through a general prohibition on violating federal law,
without an exception related to medical cannabis use, if the individual's use or
possession complies with:
(a)
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
; or
(b)
Subsection
58-37-3.7(2)
58-37-404(2)
or
(3)
.
Section 226. Section
78A-5-102
is amended to read:
78A-5-102
Effective
05/06/26
. Jurisdiction of the district court -- Appeals.
(1)
Except as otherwise provided by the Utah Constitution or by statute, the district court
has original jurisdiction in all matters civil and criminal.
(2)
A district court judge may:
(a)
issue all extraordinary writs and other writs necessary to carry into effect the district
court judge's
orders, judgments, and decrees; and
(b)
preside over an action for which the Business and Chancery Court has jurisdiction if:
(i)
the district court judge is designated by the presiding officer of the Judicial
Council to preside over an action in the Business and Chancery Court as described
in Section
78A-1-103.5
; and
(ii)
a Business and Chancery Court judge is unable to preside over the action due to
recusal or disqualification.
(3)
The district court has jurisdiction:
(a)
over matters of lawyer discipline consistent with the rules of the Supreme Court;
(b)
over all matters properly filed in the circuit court prior to July 1, 1996;
(c)
to enforce foreign protective orders as described in Subsection
78B-7-303(8)
;
(d)
to enjoin a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title
58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances
;
(e)
over a petition seeking to terminate parental rights as described in Section
81-13-205
;
(f)
except as provided in Subsection
78A-6-103(2)(a)(xiv)
or
(xv)
, over an adoption
proceeding; and
(g)
to issue a declaratory judgment as described in Title 78B, Chapter 6, Part 4,
Declaratory Judgments.
(4)
The district court has appellate jurisdiction over judgments and orders of the justice
court as outlined in Section
78A-7-118
and small claims appeals filed in accordance
with Section
78A-8-106
.
(5)
The district court has jurisdiction to review:
(a)
a municipal administrative proceeding as described in Section
10-3-703.7
;
(b)
a decision resulting from a formal adjudicative proceeding by the State Tax
Commission as described in Section
59-1-601
;
(c)
except as provided in Section
63G-4-402
, a final agency action resulting from an
informal adjudicative proceeding as described in Title 63G, Chapter 4,
Administrative Procedures Act; and
(d)
by trial de novo, a final order of the Department of Transportation resulting from
formal and informal adjudicative proceedings under Title 72, Chapter 7, Part 2,
Junkyard Control Act.
(6)
The district court has original and exclusive jurisdiction over an action brought under
Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(7)
The district court has exclusive jurisdiction to modify a juvenile court's permanent
custody and guardianship order as described in Subsection
78A-6-357(3)(e)(ii)
.
(8)
Notwithstanding Section
78A-7-106
, the district court has original jurisdiction over a
class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
ordinance for which a justice court has original jurisdiction under Section
78A-7-106
if:
(a)
there is no justice court with territorial jurisdiction;
(b)
the offense occurred within the boundaries of the municipality in which the district
courthouse is located and that municipality has not formed, or has formed and
dissolved, a justice court; or
(c)
the offense is
included in an indictment or information covering a single criminal
episode alleging the commission of a felony or a class A misdemeanor by an
individual who is 18 years old or older.
(9)
If a district court has jurisdiction in accordance with Subsection
(4)
, (8)(a), or (8)(b), the
district court has jurisdiction over an offense listed in Subsection
78A-7-106(2)
even if
the offense is committed by an individual who is 16 or 17 years old.
(10)
The district court has subject matter jurisdiction over an action under Title 78B,
Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
district court.
(11)
(a)
The district court has subject matter jurisdiction over a criminal action that the
justice court transfers to the district court.
(b)
Notwithstanding Subsection
78A-7-106(1)
, the district court has original jurisdiction
over any refiled case of a criminal action transferred to the district court if the district
court dismissed the transferred case without prejudice.
(12)
If the juvenile court has concurrent jurisdiction under Subsection
78A-6-104(1)(a)(i)
over a parentage action filed in the district court, the district court may transfer
jurisdiction over the parentage action to the juvenile court.
(13)
The Supreme Court and Court of Appeals have jurisdiction over an appeal from a final
order, judgment, and decree of the district court as described in Sections
78A-3-102
and
78A-4-103
.
Section 227. Section
78A-5-201
is amended to read:
78A-5-201
Effective
05/06/26
. Creation and expansion of existing drug court
programs -- Definition of drug court program -- Criteria for participation in drug court
programs -- Reporting requirements.
(1)
There may be created a drug court program in any judicial district that demonstrates:
(a)
the need for a drug court program; and
(b)
the existence of a collaborative strategy between the court, prosecutors, defense
counsel, corrections, and substance abuse treatment services to reduce substance
abuse by offenders.
(2)
The collaborative strategy in each drug court program shall:
(a)
include monitoring and evaluation components to measure program effectiveness;
and
(b)
be submitted to, for the purpose of coordinating the disbursement of funding, the:
(i)
executive director of the Department of Health and Human Services;
(ii)
executive director of the Department of Corrections; and
(iii)
state court administrator.
(3)
(a)
Funds disbursed to a drug court program shall be allocated as follows:
(i)
87% to the Department of Health and Human Services for testing, treatment, and
case management; and
(ii)
13% to the Administrative Office of the Courts for increased judicial and court
support costs.
(b)
This provision does not apply to federal block grant funds.
(4)
A drug court program shall include continuous judicial supervision using a cooperative
approach with prosecutors, defense counsel, corrections, substance abuse treatment
services, juvenile court probation, and the Division of Child and Family Services as
appropriate to promote public safety, protect participants' due process rights, and
integrate substance abuse treatment with justice system case processing.
(5)
Screening criteria for participation in a drug court program shall include:
(a)
a plea to, conviction of, or adjudication for a nonviolent drug offense or drug-related
offense;
(b)
an agreement to frequent alcohol and other drug testing;
(c)
participation in one or more substance abuse treatment programs; and
(d)
an agreement to submit to sanctions for noncompliance with drug court program
requirements.
(6)
(a)
The Judicial Council shall develop rules prescribing eligibility requirements for
participation in adult criminal drug courts.
(b)
The eligibility requirements described in Subsection
(6)(a)
:
(i)
shall require that the acceptance of an offender into a drug court is based on a risk
and needs assessment and targeted at individuals who are high risk and high
needs; and
(ii)
may not limit participation in a drug court only to individuals convicted of an
offense described in Section
58-37-8
76-18-204
,
76-18-207
,
76-18-208
,
76-18-209
,
76-18-210
,
76-18-211
,
76-18-212
,
76-18-213
,
76-18-214
,
76-18-215
,
76-18-216
,
76-18-217
,
76-18-218
, or
76-18-219
, or an offense described in a
statute previously in effect in this state that is the same or substantially similar to a
violation of Section
76-18-204
,
76-18-207
,
76-18-208
,
76-18-209
,
76-18-210
,
76-18-211
,
76-18-212
,
76-18-213
,
76-18-214
,
76-18-215
,
76-18-216
,
76-18-217
,
76-18-218
, or
76-18-219
.
(c)
A plea to, conviction of, or adjudication for a felony offense is not required for
participation in a drug court program.
Section 228. Section
78B-3-801
is amended to read:
78B-3-801
Effective
05/06/26
. Cause of action for death or addiction caused by
use or ingestion of illegal controlled substances -- Damages.
(1)
As used in this section, "substance" means any illegal controlled substance under
Title
58, Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37, Controlled
Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances
.
(2)
A person is subject to a civil action by a person or an estate under Subsection
(3)
who:
(a)
unlawfully provided to or administered to the deceased person or the addicted person
any substance that caused or contributed to the person's addiction or to the death of
the deceased person; or
(b)
unlawfully provided any substance to any person in the chain of transfer of the
substance that connects directly to the person who subsequently provided or
administered the illegal controlled substance to the addicted person or to the deceased
person under Subsection
(2)(a)
.
(3)
(a)
A civil action for treble damages and punitive damages may be brought against
any person under Subsection
(2)
by the estate of a person whose death was caused in
whole or in part by ingestion or other exposure to any illegal controlled substance.
(b)
A civil action for treble damages, punitive damages, and costs of addiction treatment
or rehabilitation may be brought against any person under Subsection
(2)
by a person
who has become or is addicted to any illegal controlled substance and the addiction
was caused in whole or in part by ingestion of any illegal controlled substance.
(4)
The burden is on the estate or the addicted person to prove the causal connection
between the death or addiction, any substances provided or administered to the deceased
or addicted person, and the defendant.
(5)
This section does not establish liability of or create a cause of action regarding:
(a)
a parent or guardian of a person younger than 18 years
of age
old
who acts in
violation of this section, unless the parent or guardian acts in violation of this section;
or
(b)
a person who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act, and
who acts in accordance with the act.
Section 229. Section
78B-4-504
is amended to read:
78B-4-504
Effective
05/06/26
. Donation of nonschedule drugs or devices --
Liability limitation.
(1)
As used in this section:
(a)
"Administer" is as defined in Section
58-17b-102
.
(b)
"Dispense" is as defined in Section
58-17b-102
.
(c)
"Distribute" is as defined in Section
58-17b-102
.
(d)
"Drug outlet" means:
(i)
a pharmacy or pharmaceutical facility as defined in Section
58-17b-102
; or
(ii)
a person with the authority to engage in the dispensing, delivering,
manufacturing, or wholesaling of prescription drugs or devices outside of the state
under the law of the jurisdiction in which the person operates.
(e)
"Health care provider" means:
(i)
a person who is a health care provider, as defined in Section
78B-3-403
, with the
authority under
Title 58, Occupations and Professions
, to prescribe, dispense, or
administer prescription drugs or devices; or
(ii)
a person outside of the state with the authority to prescribe, dispense, or
administer prescription drugs or devices under the law of the jurisdiction in which
the person practices.
(f)
"Nonschedule drug or device" means:
(i)
a prescription drug or device, as defined in Section
58-17b-102
, except that it does
not include controlled substances, as defined in Section
58-37-2
58-37-101
; or
(ii)
a nonprescription drug, as defined in Section
58-17b-102
.
(g)
"Prescription drug or device" is as defined in Section
58-17b-102
.
(2)
A drug outlet is not subject to civil liability for an injury or death resulting from the
defective condition of a nonschedule drug or device that the drug outlet distributes at no
charge, in good faith, and for a charitable purpose to a drug outlet or health care provider
for ultimate use by a needy person, provided that:
(a)
the drug outlet complies with applicable state and federal laws regarding the storage,
handling, and distribution of the nonschedule drug or device; and
(b)
the injury or death is not the result of any act or omission of the drug outlet that
constitutes gross negligence, recklessness, or intentional misconduct.
(3)
A health care provider is not subject to civil liability for an injury or death resulting
from the defective condition of a nonschedule drug or device that the health care
provider distributes to a drug outlet or health care provider for ultimate use by a needy
person or directly administers, dispenses, or distributes to a needy person, provided that:
(a)
the health care provider complies with applicable state and federal laws regarding the
storage, handling, distribution, dispensing, and administration of the nonschedule
drug or device;
(b)
the injury or death is not the result of any act or omission of the health care provider
that constitutes gross negligence, recklessness, or intentional misconduct; and
(c)
in the event that the health care provider directly administers, distributes, or
dispenses the nonschedule drug or device to the needy person, the health care
provider has retained a consent form signed by the needy person that explains the
provisions of this section which extend liability protection for charitable donations of
nonschedule drugs and devices.
(4)
Nothing in this section may be construed as:
(a)
permitting a person who is not authorized under
Title 58, Occupations and
Professions
, to operate as a drug outlet or practice as a health care provider within the
state; or
(b)
extending liability protection to any person who acts outside of the scope of authority
granted to that person under the laws of this state or the jurisdiction in which the
person operates or practices.
Section 230. Section
78B-6-1101
is amended to read:
78B-6-1101
Effective
05/06/26
. Definitions -- Nuisance -- Agriculture
operations.
(1)
As used in this part:
(a)
"Controlled substance" means the same as that term is defined in Section
58-37-2
58-37-101
.
(b)
"Critical infrastructure materials operations" means the same as the term "critical
infrastructure materials use" is defined in Section
10-20-701
.
(c)
"Manufacturing facility" means a factory, plant, or other facility including its
appurtenances, where the form of raw materials, processed materials, commodities,
or other physical objects is converted or otherwise changed into other materials,
commodities, or physical objects or where such materials, commodities, or physical
objects are combined to form a new material, commodity, or physical object.
(d)
"Nuisance" means anything that is injurious to health, indecent, offensive to the
senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property.
(e)
(i)
"Possession or use" means the joint or individual ownership, control,
occupancy, holding, retaining, belonging, maintaining, or the application,
inhalation, swallowing, injection, or consumption, as distinguished from
distribution, of a controlled substance, and includes individual, joint, or group
possession or use of a controlled substance.
(ii)
For a person to be a possessor or user of a controlled substance, it is not required
that the person be shown to have individually possessed, used, or controlled the
substance, but it is sufficient if it is shown that the person jointly participated with
one or more persons in the use, possession, or control of a controlled substance
with knowledge that the activity was occurring, or the controlled substance is
found in a place or under circumstances indicating that the person had the ability
and the intent to exercise dominion and control over it.
(2)
A nuisance may be the subject of an action.
(3)
A nuisance may include the following:
(a)
drug houses and drug dealing as provided in Section
78B-6-1107
;
(b)
gambling as provided in
Title 76, Chapter 9, Part 14, Gambling
;
(c)
criminal activity committed in concert with two or more individuals as provided in
Section
76-3-203.1
;
(d)
criminal activity committed for the benefit of, at the direction of, or in association
with any criminal street gang as defined in Section
76-9-802
;
(e)
criminal activity committed to gain recognition, acceptance, membership, or
increased status with a criminal street gang as defined in Section
76-9-802
;
(f)
party houses that frequently create conditions defined in Subsection
(1)(d)
;
(g)
prostitution as provided in
Title 76, Chapter 5d, Prostitution
; or
(h)
the unlawful discharge of a firearm as provided in state or local law.
(4)
A nuisance under this part includes:
(a)
tobacco smoke that drifts into a residential unit a person rents, leases, or owns, from
another residential or commercial unit and the smoke:
(i)
drifts in more than once in each of two or more consecutive seven-day periods; and
(ii)
creates any of the conditions described in Subsection
(1)(d)
; or
(b)
fumes resulting from the unlawful manufacturing or the unlawful possession or use
of a controlled substance that drift into a residential unit a person rents, leases, or
owns, from another residential or commercial unit.
(5)
Subsection
(4)(a)
does not apply to:
(a)
a residential rental unit available for temporary rental, such as for a vacation, or
available for only 30 or fewer days at a time; or
(b)
a hotel or motel room.
(6)
Subsection
(4)(a)
does not apply to a unit that is part of a timeshare development, as
defined in Section
57-19-2
, or subject to a timeshare interest as defined in Section
57-19-2
.
(7)
An action for nuisance against an agricultural operation is governed by
Title 4, Chapter
44, Agricultural Operations Nuisances Act
.
Section 231. Section
78B-6-1107
is amended to read:
78B-6-1107
Effective
05/06/26
. Nuisance -- Drug houses and drug dealing --
Gambling -- Group criminal activity -- Party house -- Prostitution -- Weapons --
Discharge of a firearm -- Defense.
(1)
Every building or place is a nuisance where:
(a)
the unlawful sale, manufacture, service, storage, distribution, dispensing, acquisition,
or use occurs of any controlled substance, precursor, or analog described in
Title 58,
Chapter 37, Utah Controlled Substances Act
Title 58, Chapter 37, Controlled
Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
Substances
;
(b)
gambling is permitted to be played, conducted, or dealt upon as prohibited in Title
76, Chapter 9, Part 14, Gambling, which creates the conditions of a nuisance as that
term is defined in Subsection
78B-6-1101(1)
;
(c)
criminal activity is committed in concert with two or more individuals as described
in Section
76-3-203.1
;
(d)
criminal activity is committed for the benefit of, at the direction of, or in association
with any criminal street gang as defined in Section
76-9-802
;
(e)
criminal activity is committed to gain recognition, acceptance, membership, or
increased status with a criminal street gang as defined in Section
76-9-802
;
(f)
parties occur frequently which create the conditions of a nuisance as that term is
defined in Subsection
78B-6-1101(1)
;
(g)
prostitution or promotion of prostitution is regularly carried on by one or more
persons as described in Title 76, Chapter 5d, Prostitution;
(h)
a violation of an offense under Title 76, Chapter 11, Weapons, occurs on the
premises;
(i)
the unlawful discharge of a firearm, as provided in state or local law, occurs on the
premises; and
(j)
human trafficking occurs as described in Title 76, Chapter 5, Part 3, Kidnapping,
Trafficking, and Smuggling.
(2)
It is a defense to nuisance under Subsection
(1)(a)
if the defendant can prove that the
defendant is lawfully entitled to the possession or use of a controlled substance.
(3)
Evidence of a previous conviction for a crime described in Subsection
(1)
may not be
used in an action for nuisance under this part.
Section 232. Section
78B-9-104
is amended to read:
78B-9-104
Effective
05/06/26
. Grounds for relief -- Retroactivity of rule.
(1)
Unless precluded by Section
78B-9-106
or
78B-9-107
, an individual who has been
convicted and sentenced for a criminal offense may file an action in the district court of
original jurisdiction for postconviction relief to vacate or modify the conviction or
sentence upon the following grounds:
(a)
the conviction was obtained or the sentence was imposed in violation of the United
States Constitution or Utah Constitution;
(b)
the conviction was obtained or the sentence was imposed under a statute that is in
violation of the United States Constitution or Utah Constitution, or the conduct for
which the petitioner was prosecuted is constitutionally protected;
(c)
the sentence was imposed or probation was revoked in violation of the controlling
statutory provisions;
(d)
the petitioner had ineffective assistance of counsel in violation of the United States
Constitution or Utah Constitution;
(e)
newly discovered material evidence exists that requires the court to vacate the
conviction or sentence, because:
(i)
neither the petitioner nor petitioner's counsel knew of the evidence at the time of
trial or sentencing or in time to include the evidence in any previously filed
post-trial motion or postconviction proceeding, and the evidence could not have
been discovered through the exercise of reasonable diligence;
(ii)
the material evidence is not merely cumulative of evidence that was known;
(iii)
the material evidence is not merely impeachment evidence; and
(iv)
viewed with all the other evidence, the newly discovered material evidence
demonstrates that no reasonable trier of fact could have found the petitioner guilty
of the offense or subject to the sentence received;
(f)
the petitioner can prove that:
(i)
biological evidence, as that term is defined in Section
77-11c-101
, relevant to the
petitioner's conviction was not preserved in accordance with
Title 77, Chapter
11c, Part 4, Preservation of Biological Evidence for Violent Felony Offenses
;
(ii)
(A)
the biological evidence described in Subsection
(1)(f)(i)
was not tested
previously; or
(B)
if the biological evidence described in Subsection
(1)(f)(i)
was tested
previously, there is a material change in circumstance, including a scientific or
technological advance, that would make it plausible that a test of the biological
evidence described in Subsection
(1)(f)(i)
would produce a favorable test result
for the petitioner; and
(iii)
a favorable result described in Subsection
(1)(f)(ii)
, which is presumed for
purposes of the petitioner's action under this section, when viewed with all the
other evidence, demonstrates a reasonable probability of a more favorable
outcome at trial for the petitioner;
(g)
the petitioner can prove entitlement to relief under a rule announced by the United
States Supreme Court, the Utah Supreme Court, or the Utah Court of Appeals after
conviction and sentence became final on direct appeal, and that:
(i)
the rule was dictated by precedent existing at the time the petitioner's conviction
or sentence became final; or
(ii)
the rule decriminalizes the conduct that comprises the elements of the crime for
which the petitioner was convicted; or
(h)
the petitioner committed any of the following offenses while subject to force, fraud,
or coercion, as defined in Section
76-5-308
:
(i)
Section
58-37-8
76-18-207
, possession of a controlled substance
, or an offense
described in a statute previously in effect in this state that is the same or
substantially similar to a violation of Section
76-18-207
;
(ii)
Section
76-5d-206
, aiding prostitution;
(iii)
Section
76-6-206
, criminal trespass;
(iv)
Section
76-6-413
, theft;
(v)
Section
76-6-502
, possession of forged writing or device for writing;
(vi)
any offense in
Title 76, Chapter 6, Part 6, Retail Theft
;
(vii)
Subsection
76-6-1105(2)(a)(i)(A)
, unlawful possession of another's
identification document;
(viii)
Section
76-5-419
, lewdness;
(ix)
Section
76-5d-202
, engaging in prostitution;
(x)
Section
76-5d-209
, sexual solicitation by an actor offering to engage in sexual
activity for compensation; or
(xi)
Section
76-5d-210
, sexual solicitation of a child.
(2)
The court may not grant relief from a conviction or sentence unless in light of the facts
proved in the postconviction proceeding, viewed with the evidence and facts introduced
at trial or during sentencing:
(a)
the petitioner establishes that there would be a reasonable likelihood of a more
favorable outcome; or
(b)
if the petitioner challenges the conviction or the sentence on grounds that the
prosecutor knowingly failed to correct false testimony at trial or at sentencing, the
petitioner establishes that the false testimony, in any reasonable likelihood, could
have affected the judgment of the fact finder.
(3)
(a)
The court may not grant relief from a conviction based on a claim that the
petitioner is innocent of the crime for which convicted except as provided in
Part 3,
Postconviction Testing of DNA
, or
Part 4, Postconviction Determination of Factual
Innocence
.
(b)
Claims under
Part 3, Postconviction Testing of DNA
, or
Part 4, Postconviction
Determination of Factual Innocence
, of this chapter may not be filed as part of a
petition under this part, but shall be filed separately and in conformity with the
provisions of
Part 3, Postconviction Testing of DNA
, or
Part 4, Postconviction
Determination of Factual Innocence
.
Section 233. Section
80-1-102
is amended to read:
80-1-102
Effective
05/06/26
. Juvenile Code definitions.
Except as provided in Section
80-6-1103
, as used in this title:
(1)
(a)
"Abuse" means:
(i)
(A)
nonaccidental harm of a child;
(B)
threatened harm of a child;
(C)
sexual exploitation;
(D)
sexual abuse; or
(E)
human trafficking of a child in violation of Section
76-5-308.5
; or
(ii)
that a child's parent:
(A)
intentionally, knowingly, or recklessly causes the death of another parent of
the child;
(B)
is identified by a law enforcement agency as the primary suspect in an
investigation for intentionally, knowingly, or recklessly causing the death of
another parent of the child; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b)
"Abuse" does not include:
(i)
reasonable discipline or management of a child, including withholding privileges;
(ii)
conduct described in Section
76-2-401
; or
(iii)
the use of reasonable and necessary physical restraint or force on a child:
(A)
in self-defense;
(B)
in defense of others;
(C)
to protect the child; or
(D)
to remove a weapon in the possession of a child for any of the reasons
described in Subsections
(1)(b)(iii)(A)
through
(C)
.
(2)
"Abused child" means a child who has been subjected to abuse.
(3)
(a)
"Adjudication" means, except as provided in Subsection
(3)(b)
:
(i)
for a delinquency petition or criminal information under Chapter 6, Juvenile
Justice:
(A)
a finding by the juvenile court that the facts alleged in a delinquency petition
or criminal information alleging that a minor committed an offense have been
proved;
(B)
an admission by a minor in the juvenile court as described in Section
80-6-306
;
or
(C)
a plea of no contest by
a
minor in the juvenile court; or
(ii)
for all other proceedings under this title, a finding by the juvenile court that the
facts alleged in the petition have been proved.
(b)
"Adjudication" does not include:
(i)
an admission by a minor described in Section
80-6-306
until the juvenile court
enters the minor's admission; or
(ii)
a finding of not competent to proceed in accordance with Section
80-6-402
.
(4)
(a)
"Adult" means an individual who is 18 years old or older.
(b)
"Adult" does not include an individual:
(i)
who is 18 years old or older; and
(ii)
who is a minor.
(5)
"Attorney guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(6)
"Board" means the Board of
Juvenile Court Judges.
(7)
"Child" means, except as provided in Section
80-2-905
, an individual who is under 18
years old.
(8)
"Child and family plan" means a written agreement between a child's parents or
guardian and the Division of Child and Family Services as described in Section
80-3-307
.
(9)
"Child placing" means the same as that term is defined in Section
26B-2-101
.
(10)
"Child-placing agency" means the same as that term is defined in Section
26B-2-101
.
(11)
"Child protection team" means a team consisting of:
(a)
the child welfare caseworker assigned to the case;
(b)
if applicable, the child welfare caseworker who made the decision to remove the
child;
(c)
a representative of the school or school district where the child attends school;
(d)
if applicable, the law enforcement officer who removed the child from the home;
(e)
a representative of the appropriate Children's Justice Center, if one is established
within the county where the child resides;
(f)
if appropriate, and known to the division, a therapist or counselor who is familiar
with the child's circumstances;
(g)
if appropriate, a representative of law enforcement selected by the chief of police or
sheriff in the city or county where the child resides; and
(h)
any other individuals determined appropriate and necessary by the team coordinator
and chair.
(12)
(a)
"Chronic abuse" means repeated or patterned abuse.
(b)
"Chronic abuse" does not mean an isolated incident of abuse.
(13)
(a)
"Chronic neglect" means repeated or patterned neglect.
(b)
"Chronic neglect" does not mean an isolated incident of neglect.
(14)
"Clandestine laboratory operation" means the same as that term is defined in Section
58-37d-3
76-18-501
.
(15)
"Commit" or "committed" means, unless specified otherwise:
(a)
with respect to a child, to transfer legal custody; and
(b)
with respect to a minor who is at least 18 years old, to transfer custody.
(16)
"Community-based program" means a nonsecure residential or nonresidential program,
designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
restrictive setting, consistent with public safety, and operated by or under contract with
the Division of Juvenile Justice and Youth Services.
(17)
"Community placement" means placement of a minor in a community-based program
described in Section
80-5-402
.
(18)
"Correctional facility" means:
(a)
a county jail; or
(b)
a secure correctional facility as defined in Section
64-13-1
.
(19)
"Criminogenic risk factors" means evidence-based factors that are associated with a
minor's likelihood of reoffending.
(20)
"Department" means the Department of Health and Human Services created in Section
26B-1-201
.
(21)
"Dependent child" or "dependency" means a child who is without proper care through
no fault of the child's parent,
guardian, or custodian.
(22)
"Deprivation of custody" means transfer of legal custody by the juvenile court from a
parent or a previous custodian to another person, agency, or institution.
(23)
"Detention" means home detention or secure detention.
(24)
"Detention facility" means a facility, established by the Division of Juvenile Justice
and Youth Services in accordance with Section
80-5-501
, for minors held in detention.
(25)
"Detention risk assessment tool" means an evidence-based tool established under
Section
80-5-203
that:
(a)
assesses a minor's risk of failing to appear in court or reoffending before
adjudication; and
(b)
is designed to assist in making a determination of whether a minor shall be held in
detention.
(26)
"Developmental immaturity" means incomplete development in one or more domains
that manifests as a functional limitation in the minor's present ability to:
(a)
consult with counsel with a reasonable degree of rational understanding; and
(b)
have a rational as well as factual understanding of the proceedings.
(27)
"Disposition" means an order by a juvenile court, after the adjudication of a minor,
under Section
80-3-405
or
80-4-305
or Chapter 6, Part 7, Adjudication and Disposition.
(28)
"Educational neglect" means that, after receiving a notice of compulsory education
violation under Section
53G-6-202
, the parent or guardian fails to make a good faith
effort to ensure that the child receives an appropriate education.
(29)
"Educational series" means an evidence-based instructional series:
(a)
obtained at a substance abuse program that is approved by the Division of Integrated
Healthcare in accordance with Section
26B-5-104
; and
(b)
designed to prevent substance use or the onset of a mental health disorder.
(30)
"Emancipated" means the same as that term is defined in Section
80-7-102
.
(31)
"Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective
for a specific population or has been rated as effective by a standardized program
evaluation tool.
(32)
"Forensic evaluator" means the same as that term is defined in Section
77-15-2
.
(33)
"Formal probation" means a minor is:
(a)
supervised in the community by, and reports to, a juvenile probation officer or an
agency designated by the juvenile court; and
(b)
subject to return to the juvenile court in accordance with Section
80-6-607
.
(34)
"Gender identity" means the same as that term is defined in Section
34A-5-102
.
(35)
"Group rehabilitation therapy" means psychological and social counseling of one or
more individuals in the group, depending upon the recommendation of the therapist.
(36)
"Guardian" means a person appointed by a court to make decisions regarding a minor,
including the authority to consent to:
(a)
marriage;
(b)
enlistment in the armed forces;
(c)
major medical, surgical, or psychiatric treatment; or
(d)
legal custody, if legal custody is not vested in another individual, agency, or
institution.
(37)
"Guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(38)
"Harm" means:
(a)
physical or developmental injury or damage;
(b)
emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c)
sexual abuse; or
(d)
sexual exploitation.
(39)
"Home detention" means placement of a minor:
(a)
if prior to a disposition, in the minor's home, or in a surrogate home with the consent
of the minor's parent, guardian, or custodian, under terms and conditions established
by the Division of Juvenile Justice and Youth Services or the juvenile court; or
(b)
if after a disposition, and in accordance with Section
78A-6-353
or
80-6-704
, in the
minor's home, or in a surrogate home with the consent of the minor's parent,
guardian, or custodian, under terms and conditions established by the Division of
Juvenile Justice and Youth Services or the juvenile court.
(40)
(a)
"Incest" means engaging in sexual intercourse with an individual whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
aunt, nephew, niece, or first cousin.
(b)
"Incest" includes:
(i)
blood relationships of the whole or half blood, regardless of whether the
relationship is legally recognized;
(ii)
relationships of parent and child by adoption; and
(iii)
relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(41)
"Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(42)
"Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(43)
"Indigent defense service provider" means the same as that term is defined in Section
78B-22-102
.
(44)
"Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(45)
"Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(46)
(a)
"Intake probation" means a minor is:
(i)
monitored by a juvenile probation officer; and
(ii)
subject to return to the juvenile court in accordance with Section
80-6-607
.
(b)
"Intake probation" does not include formal probation.
(47)
"Intellectual disability" means a significant subaverage general intellectual functioning
existing concurrently with deficits in adaptive behavior that constitutes a substantial
limitation to the individual's ability to function in society.
(48)
"Juvenile offender" means:
(a)
a serious youth offender; or
(b)
a youth offender.
(49)
"Juvenile probation officer" means a probation officer appointed under Section
78A-6-205
.
(50)
"Juvenile receiving center" means a nonsecure, nonresidential program established by
the Division of Juvenile Justice and Youth Services, or under contract with the Division
of Juvenile Justice and Youth Services, that is responsible for minors taken into
temporary custody under Section
80-6-201
.
(51)
"Legal custody" means a relationship embodying:
(a)
the right to physical custody
of the minor;
(b)
the right and duty to protect, train, and discipline the minor;
(c)
the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d)
the right to determine where and with whom the minor shall live; and
(e)
the right, in an emergency, to authorize surgery or other extraordinary
care.
(52)
"Licensing Information System" means the Licensing Information System maintained
by the Division of Child and Family Services under Section
80-2-1002
.
(53)
"Management Information System" means the Management Information System
developed by the Division of Child and Family Services under Section
80-2-1001
.
(54)
"Mental illness" means:
(a)
a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b)
the same as that term is defined in:
(i)
the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii)
the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(55)
"Minor" means, except as provided in Sections
80-6-501
,
80-6-901
, and
80-7-102
:
(a)
a child; or
(b)
an individual:
(i)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
for whom the Division of Child and Family Services has been specifically
ordered by the juvenile court to provide services because the individual was an
abused, neglected, or dependent child or because the individual was
adjudicated for an offense;
(ii)
(A)
who is at least 18 years old and younger than 25 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with
Subsection
78A-6-103(1)(b)
; or
(iii)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with
Subsection
78A-6-103(1)(c)
.
(56)
"Mobile crisis outreach team" means the same as that term is defined in Section
26B-5-101
.
(57)
"Molestation" means that an individual, with the intent to arouse or gratify the sexual
desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in
Section
76-5-401.1
.
(58)
(a)
"Neglect" means action or inaction causing:
(i)
abandonment of a child, except as provided in Chapter 4, Part 5, Safe
Relinquishment of a Newborn Child;
(ii)
lack of proper parental care of a child by reason of the fault or habits of the
parent, guardian, or custodian;
(iii)
failure or refusal of a parent, guardian, or custodian to provide proper or
necessary subsistence or medical care, or any other care necessary for the child's
health, safety, morals, or well-being;
(iv)
a child to be at risk of being neglected or abused because another child in the
same home is neglected or abused;
(v)
abandonment of a child through an unregulated child custody transfer under
Section
81-14-203
; or
(vi)
educational neglect.
(b)
"Neglect" does not include:
(i)
a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii)
a health care decision made for a child by the child's parent or guardian, unless
the state or other party to a proceeding shows, by clear and convincing evidence,
that the health care decision is not reasonable and informed;
(iii)
a parent or guardian exercising the right described in Section
80-3-304
; or
(iv)
permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent
activities, including:
(A)
traveling to and from school, including by walking, running, or bicycling;
(B)
traveling to and from nearby commercial or recreational facilities;
(C)
engaging in outdoor play;
(D)
remaining in a vehicle unattended, except under the conditions described in
Subsection
76-5-115(2)
;
(E)
remaining at home unattended; or
(F)
engaging in a similar independent activity.
(59)
"Neglected child" means a child who has been subjected to neglect.
(60)
"Nonjudicial adjustment" means closure of the case by the assigned juvenile probation
officer, without an adjudication of the minor's case under Section
80-6-701
, upon the
consent in writing of:
(a)
the assigned juvenile probation officer; and
(b)
(i)
the minor; or
(ii)
the minor and the minor's parent, guardian, or custodian.
(61)
"Not competent to proceed" means that a minor, due to a mental illness, intellectual
disability or related condition, or developmental immaturity, lacks the ability to:
(a)
understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b)
consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(62)
(a)
"Parent" means, except as provided in Section
80-3-302
, an individual with a
parent-child relationship to a minor under Section
81-5-201
.
(b)
"Parent" includes the minor's noncustodial parent as defined in Section
81-1-101
.
(63)
"Parole" means a conditional release of a juvenile offender from residency in secure
care to live outside of secure care under the supervision of the Division of Juvenile
Justice and Youth Services, or another person designated by the Division of Juvenile
Justice and Youth Services.
(64)
"Physical abuse" means abuse that results in physical injury or damage to a child.
(65)
(a)
"Probation" means a legal status created by court order, following an
adjudication under Section
80-6-701
, whereby the minor is permitted to remain in the
minor's home under prescribed conditions.
(b)
"Probation" includes intake probation or formal probation.
(66)
"Prosecuting attorney" means:
(a)
the attorney general and any assistant attorney general;
(b)
any district attorney or deputy district attorney;
(c)
any county attorney or assistant county attorney; and
(d)
any other attorney authorized to commence an action on behalf of the state.
(67)
"Protective custody" means the shelter of a child by the Division of Child and Family
Services from the time the child is removed from the home until the earlier of:
(a)
the day on which the shelter hearing is held under Section
80-3-301
; or
(b)
the day on which the child is returned home.
(68)
"Protective services" means expedited services that are provided:
(a)
in response to evidence of neglect, abuse, or dependency of a child;
(b)
to a cohabitant who is neglecting or abusing a child, in order to:
(i)
help the cohabitant develop recognition of the cohabitant's duty of care and of the
causes of neglect or abuse; and
(ii)
strengthen the cohabitant's ability to provide safe and acceptable care; and
(c)
in cases where the child's welfare is endangered:
(i)
to bring the situation to the attention of the appropriate juvenile court and law
enforcement agency;
(ii)
to cause a protective order to be issued for the protection of the child, when
appropriate; and
(iii)
to protect the child from the circumstances that endanger the child's welfare
including, when appropriate:
(A)
removal from the child's home;
(B)
placement in substitute care; and
(C)
petitioning the court for termination of parental rights.
(69)
"Protective supervision" means a legal status created by court order, following an
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a)
the minor is permitted to remain in the minor's home; and
(b)
supervision and assistance to correct the abuse, neglect, or dependency is provided
by an agency designated by the juvenile court.
(70)
(a)
"Related condition" means a condition that:
(i)
is found to be closely related to intellectual disability;
(ii)
results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii)
is likely to continue indefinitely; and
(iv)
constitutes a substantial limitation to the individual's ability to function in society.
(b)
"Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(71)
(a)
"Residual parental rights and duties" means the rights and duties remaining with
a parent after legal custody or guardianship, or both, have been vested in another
person or agency, including:
(i)
the responsibility for support;
(ii)
the right to consent to adoption;
(iii)
the right to determine the child's religious affiliation; and
(iv)
the right to reasonable parent-time unless restricted by the court.
(b)
If no guardian has been appointed, "residual parental rights and duties" includes the
right to consent to:
(i)
marriage;
(ii)
enlistment; and
(iii)
major medical, surgical, or psychiatric treatment.
(72)
"Runaway" means a child, other than an emancipated child, who willfully leaves the
home of the child's parent or guardian, or the lawfully prescribed residence of the child,
without permission.
(73)
"Secure care" means placement of a minor, who is committed to the Division of
Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
supervision and confinement of the minor.
(74)
"Secure care facility" means a facility, established in accordance with Section
80-5-503
,
for juvenile offenders in secure care.
(75)
"Secure detention" means temporary care of a minor who requires secure custody in a
physically restricting facility operated by, or under contract with, the Division of
Juvenile Justice and Youth Services:
(a)
before disposition of an offense that is alleged to have been committed by the minor;
or
(b)
under Section
80-6-704
.
(76)
"Serious youth offender" means an individual who:
(a)
is at least 14 years old, but under 25 years old;
(b)
committed a felony listed in Subsection
80-6-503(1)
and the continuing jurisdiction
of the juvenile court was extended over the individual's case until the individual was
25 years old in accordance with Section
80-6-605
; and
(c)
is committed by the juvenile court to the Division of Juvenile Justice and Youth
Services for secure care under Sections
80-6-703
and
80-6-705
.
(77)
"Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
(78)
"Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(79)
(a)
"Severe type of child abuse or neglect" means, except as provided in Subsection
(79)(b)
:
(i)
if committed by an individual who is 18 years old or older:
(A)
chronic abuse;
(B)
severe abuse;
(C)
sexual abuse;
(D)
sexual exploitation;
(E)
abandonment;
(F)
chronic neglect; or
(G)
severe neglect; or
(ii)
if committed by an individual who is under 18 years old:
(A)
causing serious injury, as defined in Subsection
76-5-109(1)
, to another child
that indicates a significant risk to other children; or
(B)
sexual behavior with or upon another child that indicates a significant risk to
other children.
(b)
"Severe type of child abuse or neglect" does not include:
(i)
the use of reasonable and necessary physical restraint by an educator in
accordance with Section
53G-8-301
or Section
76-2-401
;
(ii)
an individual's conduct that is justified under Section
76-2-401
or constitutes the
use of reasonable and necessary physical restraint or force in self-defense or
otherwise appropriate to the circumstances to obtain possession of a weapon or
other dangerous object in the possession or under the control of a child or to
protect the child or another individual from physical injury; or
(iii)
a health care decision made for a child by a child's parent or guardian, unless,
subject to Subsection
(79)(c)
, the state or other party to the proceeding shows, by
clear and convincing evidence, that the health care decision is not reasonable and
informed.
(c)
Subsection
(79)(b)(iii)
does not prohibit a parent or guardian from exercising the
right to obtain a second health care opinion.
(80)
(a)
"Sexual abuse" means:
(i)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(ii)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(A)
there is an indication of force or coercion;
(B)
the children are related, as described in Subsection
(40)
, including siblings by
marriage while the marriage exists or by adoption; or
(C)
the act or attempted act constitutes unlawful sexual activity as described in
Section
76-5-401.3
.
(iii)
engaging in any conduct with a child that would constitute an offense under any
of the following, regardless of whether the individual who engages in the conduct
is actually charged with, or convicted of, the offense:
(A)
Title 76, Chapter 5, Part 4, Sexual Offenses;
(B)
child bigamy, Section
76-7-101.5
;
(C)
incest, Section
76-7-102
;
(D)
voyeurism, Section
76-12-306
;
(E)
recorded or photographed voyeurism, Section
76-12-307
; or
(F)
distribution of images obtained through voyeurism, Section
76-12-308
; or
(iv)
subjecting a child to participate in or threatening to subject a child to participate
in a sexual relationship, regardless of whether that sexual relationship is part of a
legal or cultural marriage.
(b)
"Sexual abuse" does not include engaging in any conduct with a child that would
constitute an offense described in:
(i)
Section
76-5-401
, unlawful sexual activity with a minor, if the alleged perpetrator
of the offense is a minor; or
(ii)
Section
76-5-417
, enticing a minor.
(81)
"Sexual exploitation" means knowingly:
(a)
employing, using, persuading, inducing, enticing, or coercing any child to:
(i)
pose in the nude for the purpose of sexual arousal of any individual; or
(ii)
engage in any sexual or simulated sexual conduct for the purpose of
photographing, filming, recording, or displaying in any way the sexual or
simulated sexual conduct;
(b)
displaying, distributing, possessing for the purpose of distribution, or selling material
depicting a child:
(i)
in the nude, for the purpose of sexual arousal of any individual; or
(ii)
engaging in sexual or simulated sexual conduct; or
(c)
engaging in any conduct that would constitute an offense under Section
76-5b-201
,
sexual exploitation of a minor, or Section
76-5b-201.1
, aggravated sexual
exploitation of a minor, regardless of whether the individual who engages in the
conduct is actually charged with, or convicted of, the offense.
(82)
"Shelter" means the temporary care of a child in a physically unrestricted facility
pending a disposition or transfer to another jurisdiction.
(83)
"Shelter facility" means a nonsecure facility that provides shelter for a minor.
(84)
"Significant risk" means a risk of harm that is determined to be significant in
accordance with risk assessment tools and rules established by the Division of Child and
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that focus on:
(a)
age;
(b)
social factors;
(c)
emotional factors;
(d)
sexual factors;
(e)
intellectual factors;
(f)
family risk factors; and
(g)
other related considerations.
(85)
"Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(86)
"Status offense" means an offense that would not be an offense but for the age of the
offender.
(87)
"Substance abuse" means, except as provided in Section
80-2-603
, the misuse or
excessive use of alcohol or other drugs or substances.
(88)
"Substantiated" or "substantiation" means a judicial finding based on a preponderance
of the evidence, and separate consideration of each allegation made or identified in the
case, that abuse, neglect, or dependency occurred.
(89)
"Substitute care" means:
(a)
the placement of a minor in a family home, group care facility, or other placement
outside the minor's own home, either at the request of a parent or other responsible
relative, or upon court order, when it is determined that continuation of care in the
minor's own home would be contrary to the minor's welfare;
(b)
services provided for a minor in the protective custody of the Division of Child and
Family Services, or a minor in the temporary custody or custody of the Division of
Child and Family Services, as those terms are defined in Section
80-2-102
; or
(c)
the licensing and supervision of a substitute care facility.
(90)
"Supported" means a finding by the Division of Child and Family Services based on
the evidence available at the completion of an investigation, and separate consideration
of each allegation made or identified during the investigation, that there is a reasonable
basis to conclude that abuse, neglect, or dependency occurred.
(91)
"Termination of parental rights" means the permanent elimination of all parental rights
and duties, including residual parental rights and duties, by court order.
(92)
"Therapist" means:
(a)
an individual employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in the division's or agency's
custody; or
(b)
any other individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(93)
"Threatened harm" means actions, inactions, or credible verbal threats, indicating that
the child is at an unreasonable risk of harm or neglect.
(94)
"Torture" means:
(a)
the infliction of a serious injury upon a child in an exceptionally cruel or
exceptionally depraved manner that causes the child to experience extreme physical
or psychological pain or anguish; or
(b)
the infliction of a serious injury, or more than one serious injury, upon a child as part
of a course of conduct or over a prolonged period of time.
(95)
"Ungovernable" means a child in conflict with a parent or guardian, and the conflict:
(a)
results in behavior that is beyond the control or ability of the child, or the parent or
guardian, to manage effectively;
(b)
poses a threat to the safety or well-being of the child, the child's family, or others; or
(c)
results in the situations described in Subsections
(95)(a)
and
(b)
.
(96)
"Unsubstantiated" means a judicial finding that there is insufficient evidence to
conclude that abuse, neglect, or dependency occurred.
(97)
"Unsupported" means a finding by the Division of Child and Family Services at the
completion of an investigation, after the day on which the Division of Child and Family
Services concludes the alleged abuse, neglect, or dependency is not without merit, that
there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
(98)
"Validated risk and needs assessment" means an evidence-based tool that assesses a
minor's risk of reoffending and a minor's criminogenic needs.
(99)
"Without merit" means a finding at the completion of an investigation by the Division
of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or
dependency did not occur, or that the alleged perpetrator was not responsible for the
abuse, neglect, or dependency.
(100)
"Youth offender" means an individual who is:
(a)
at least 12 years old, but under 21 years old; and
(b)
committed by the juvenile court to the Division of Juvenile Justice and Youth
Services for secure care under Sections
80-6-703
and
80-6-705
.
Section 234. Section
80-3-110
is amended to read:
80-3-110
Effective
05/06/26
. Consideration of cannabis during proceedings --
Drug testing.
(1)
As used in this section:
(a)
"Cannabis" means the same as that term is defined in Section
26B-4-201
.
(b)
"Cannabis product" means the same as that term is defined in Section
26B-4-201
.
(c)
(i)
"Chronic" means repeated or patterned.
(ii)
"Chronic" does not mean an isolated incident.
(d)
"Directions of use" means the same as that term is defined in Section
26B-4-201
.
(e)
"Dosing guidelines" means the same as that term is defined in Section
26B-4-201
.
(f)
"Medical cannabis" means the same as that term is defined in Section
26B-4-201
.
(g)
"Medical cannabis cardholder" means the same as that term is defined in Section
26B-4-201
.
(h)
" Recommending medical provider" means the same as that term is defined in
Section
26B-4-201
.
(2)
In a proceeding under this chapter, in which the juvenile court makes a finding,
determination, or otherwise considers an individual's medical cannabis card, medical
cannabis recommendation from a recommending medical provider, or possession or use
of medical cannabis, a cannabis product, or a medical cannabis device, the juvenile court
may not consider or treat the individual's medical cannabis card, recommendation,
possession, or use any differently than the lawful possession or use of any prescribed
controlled substance if:
(a)
the individual's possession or use complies with
Title 4, Chapter 41a, Cannabis
Production Establishments and Pharmacies
;
(b)
the individual's possession or use complies with Subsection
58-37-3.7(2)
58-37-404(2)
or
(3)
; or
(c)
(i)
the individual's possession or use complies with
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
; and
(ii)
the individual reasonably complies with the directions of use and dosing
guidelines determined by the individual's recommending medical provider or
through a consultation described in Subsection
26B-4-230(5)
.
(3)
In a proceeding under this chapter, a child's parent's or guardian's use of cannabis or a
cannabis product is not abuse or neglect of the child unless there is evidence showing
that:
(a)
the child is harmed because of the child's inhalation or ingestion of cannabis, or
because of cannabis being introduced to the child's body in another manner; or
(b)
the child is at an unreasonable risk of harm because of chronic inhalation or
ingestion of cannabis or chronic introduction of cannabis to the child's body in
another manner.
(4)
Unless there is harm or an unreasonable risk of harm to the child as described in
Subsection
(3)
, in a child welfare proceeding under this chapter, a child's parent's or
guardian's use of medical cannabis or a cannabis product is not contrary to the best
interests of the child if:
(a)
for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
possession or use complies with
Title 26B, Chapter 4, Part 2, Cannabinoid Research
and Medical Cannabis
, and there is no evidence that the parent's or guardian's use of
medical cannabis unreasonably deviates from the directions of use and dosing
guidelines determined by the parent's or guardian's recommending medical provider
or through a consultation described in Subsection
26B-4-230(5)
; or
(b)
before January 1, 2021, the parent's or guardian's possession or use complies with
Subsection
58-37-3.7(2)
58-37-404(2)
or
(3)
.
(5)
Subsection
(3)
does not prohibit a finding of abuse or neglect of a child, and Subsection
(3)
does not prohibit a finding that a parent's or guardian's use of medical cannabis or a
cannabis product is contrary to the best interests of a child, if there is evidence showing
a nexus between the parent's or guardian's use of cannabis or a cannabis product and
behavior that would separately constitute abuse or neglect of the child.
(6)
(a)
Except as provided in Subsection
(6)(c)
, if an individual, who is party to a
proceeding under this chapter, is ordered by the juvenile court to submit to drug
testing, the individual may not be ordered to complete for drug testing by means of a
hair, fingernail, or saliva test that is administered to detect the presence of drugs.
(b)
Except as provided in Subsection
(6)(c)
, if an individual, who is party to a
proceeding under this chapter, is referred by the division or a guardian ad litem for
drug testing, the individual may not be referred for drug testing by means of a hair,
fingernail, or saliva test that is administered to detect the presence of drugs.
(c)
Notwithstanding Subsections
(6)(a)
and
(b)
, an individual who is party to a
proceeding under this chapter:
(i)
may be ordered by the juvenile court to submit to drug testing by means of a saliva
test, if the court finds that such testing is necessary in the circumstances; or
(ii)
may be referred by the division for drug testing by means of a saliva test if the
individual consents to drug testing by means of a saliva test.
Section 235. Section
80-3-204
is amended to read:
80-3-204
Effective
05/06/26
. Protective custody of a child after a petition is filed
-- Grounds.
(1)
When an abuse, neglect, or dependency petition is filed, the juvenile court shall apply,
in addressing the petition, the least restrictive means and alternatives available to
accomplish a compelling state interest and to prevent irretrievable destruction of family
life as described in Subsections
80-2a-201(1)
and
(7)(a)
and Section
80-4-104
.
(2)
After an abuse, neglect, or dependency petition is filed, if the child who is the subject of
the petition is not in protective custody, a juvenile court may order that the child be
removed from the child's home or otherwise taken into protective custody if the juvenile
court finds, by a preponderance of the evidence, that any one or more of the following
circumstances exist:
(a)
(i)
there is an imminent danger to the physical health or safety of the child; and
(ii)
the child's physical health or safety may not be protected without removing the
child from the custody of the child's parent or guardian;
(b)
(i)
a parent or guardian engages in or threatens the child with unreasonable
conduct that causes the child to suffer harm; and
(ii)
there are no less restrictive means available by which the child's emotional health
may be protected without removing the child from the custody of the child's
parent or guardian;
(c)
the child or another child residing in the same household has been, or is considered
to be at substantial risk of being, physically abused, sexually abused, or sexually
exploited, by a parent or guardian, a member of the parent's or guardian's household,
or other individual known to the parent or guardian;
(d)
the parent or guardian is unwilling to have physical custody of the child;
(e)
the child is abandoned or left without any provision for the child's support;
(f)
a parent or guardian who has been incarcerated or institutionalized has not arranged
or cannot arrange for safe and appropriate care for the child;
(g)
(i)
a relative or other adult custodian with whom the child is left by the parent or
guardian is unwilling or unable to provide care or support for the child;
(ii)
the whereabouts of the parent or guardian are unknown; and
(iii)
reasonable efforts to locate the parent or guardian are unsuccessful;
(h)
subject to Subsection
80-1-102(58)(b)
and Sections
80-3-109
and
80-3-304
, the child
is in immediate need of medical care;
(i)
(i)
a parent's or guardian's actions, omissions, or habitual action create an
environment that poses a serious risk to the child's health or safety for which
immediate remedial or preventive action is necessary; or
(ii)
a parent's or guardian's action in leaving a child unattended would reasonably
pose a threat to the child's health or safety;
(j)
the child or another child residing in the same household has been neglected;
(k)
the child's parent:
(i)
intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(ii)
is identified by a law enforcement agency as the primary suspect in an
investigation for intentionally, knowingly, or recklessly causing the death of
another parent of the child; or
(iii)
is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child;
(l)
an infant is an abandoned infant, as defined in Section
80-4-203
;
(m)
(i)
the parent or guardian, or an adult residing in the same household as the parent
or guardian, is charged or arrested pursuant to
Title 58, Chapter 37d, Clandestine
Drug Lab Act
Title 76, Chapter 18, Part 5, Clandestine Drug Labs
; and
(ii)
any clandestine laboratory operation was located in the residence or on the
property where the child resided; or
(n)
the child's welfare is otherwise endangered.
(3)
(a)
For purposes of Subsection
(2)(a)
, if a child has previously been adjudicated as
abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or
dependency occurs involving the same substantiated abuser or under similar
circumstance as the previous abuse, that fact is prima facie evidence that the child
cannot safely remain in the custody of the child's parent.
(b)
For purposes of Subsection
(2)(c)
:
(i)
another child residing in the same household may not be removed from the home
unless that child is considered to be at substantial risk of being physically abused,
sexually abused, or sexually exploited as described in Subsection
(2)(c)
or
Subsection
(3)(b)(ii)
; and
(ii)
if a parent or guardian has received actual notice that physical abuse, sexual
abuse, or sexual exploitation by an individual known to the parent has occurred,
and there is evidence that the parent or guardian failed to protect the child, after
having received the notice, by allowing the child to be in the physical presence of
the alleged abuser, that fact is prima facie evidence that the child is at substantial
risk of being physically abused, sexually abused, or sexually exploited.
(4)
(a)
For purposes of Subsection
(2)
, if the division files an abuse, neglect, or
dependency petition, the juvenile court shall consider the division's safety and risk
assessments described in Section
80-2-403
to determine whether a child should be
removed from the custody of the child's parent or guardian or should otherwise be
taken into protective custody.
(b)
The division shall make a diligent effort to provide the safety and risk assessments
described in Section
80-2-403
to the juvenile court, guardian ad litem, and counsel
for the parent or guardian, as soon as practicable before the shelter hearing described
in Section
80-3-301
.
(5)
In the absence of one of the factors described in Subsection
(2)
, a juvenile court may not
remove a child from the parent's or guardian's custody on the basis of:
(a)
educational neglect, truancy, or failure to comply with a court order to attend school;
(b)
mental illness or poverty of the parent or guardian;
(c)
disability of the parent or guardian, as defined in Section
57-21-2
; or
(d)
the possession or use, in accordance with
Title 26B, Chapter 4, Part 2, Cannabinoid
Research and Medical Cannabis
, of cannabis in a medicinal dosage form, a cannabis
product in a medicinal dosage form, or a medical cannabis device, as those terms are
defined in Section
26B-4-201
.
(6)
A child removed from the custody of the child's parent or guardian under this section
may not be placed or kept in detention, unless the child may be admitted to detention
under
Chapter 6, Part 2, Custody and Detention
.
(7)
This section does not preclude removal of a child from the child's home without a
warrant or court order under Section
80-2a-202
.
(8)
(a)
Except as provided in Subsection
(8)(b)
, a juvenile court and the division may not
remove a child from the custody of the child's parent or guardian on the sole or
primary basis that the parent or guardian refuses to consent to:
(i)
the administration of a psychotropic medication to a child;
(ii)
a psychiatric, psychological, or behavioral treatment for a child; or
(iii)
a psychiatric or behavioral health evaluation of a child.
(b)
Notwithstanding Subsection
(8)(a)
, a juvenile court or the division may remove a
child under conditions that would otherwise be prohibited under Subsection
(8)(a)
if
failure to take an action described under Subsection
(8)(a)
would present a serious,
imminent risk to the child's physical safety or the physical safety of others.
Section 236. Section
80-3-301
is amended to read:
80-3-301
Effective
05/06/26
. Shelter hearing -- Court considerations.
(1)
A juvenile court shall hold a shelter hearing to determine the temporary custody of a
child within 72 hours, excluding weekends and holidays, after any one or all of the
following occur:
(a)
removal of the child from the child's home by the division;
(b)
placement of the child in protective custody;
(c)
emergency placement under Subsection
80-2a-202(5)
;
(d)
as an alternative to removal of the child, a parent enters a domestic violence shelter
at the request of the division; or
(e)
a motion for expedited placement in temporary custody is filed under Section
80-3-203
.
(2)
If one of the circumstances described in Subsections
(1)(a)
through
(e)
occurs, the
division shall issue a notice that contains all of the following:
(a)
the name and address of the individual to whom the notice is directed;
(b)
the date, time, and place of the shelter hearing;
(c)
the name of the child on whose behalf an abuse, neglect, or dependency petition is
brought;
(d)
a concise statement regarding:
(i)
the reasons for removal or other action of the division under Subsection
(1)
; and
(ii)
the allegations and code sections under which the proceeding is instituted;
(e)
a statement that the parent or guardian to whom notice is given, and the child, are
entitled to have an attorney present at the shelter hearing, and that if the parent or
guardian is an indigent individual and cannot afford an attorney, and desires to be
represented by an attorney, one will be provided in accordance with
Title 78B,
Chapter 22, Indigent Defense Act
; and
(f)
a statement that the parent or guardian is liable for the cost of support of the child in
the protective custody, temporary custody, and custody of the division, and the cost
for legal counsel appointed for the parent or guardian under Subsection
(2)(e)
,
according to the financial ability of the parent or guardian.
(3)
The notice described in Subsection
(2)
shall be personally served as soon as possible,
but no later than one business day after the day on which the child is removed from the
child's home, or the day on which a motion for expedited placement in temporary
custody under Section
80-3-203
is filed, on:
(a)
the appropriate guardian ad litem; and
(b)
both parents and any guardian of the child, unless the parents or guardians cannot be
located.
(4)
Notwithstanding Section
80-3-104
, the following individuals shall be present at the
shelter hearing:
(a)
the child, unless it would be detrimental for the child;
(b)
the child's parents or guardian, unless the parents or guardian cannot be located, or
fail to appear in response to the notice;
(c)
counsel for the parents, if one is requested;
(d)
the child's guardian ad litem;
(e)
the child welfare caseworker from the division who is assigned to the case; and
(f)
the attorney from the attorney general's office who is representing the division.
(5)
(a)
At the shelter hearing, the juvenile court shall:
(i)
provide an opportunity to provide relevant testimony to:
(A)
the child's parent or guardian, if present; and
(B)
any other individual with relevant knowledge;
(ii)
subject to Section
80-3-108
, provide an opportunity for the child to testify; and
(iii)
in accordance with Subsections
80-3-302(7)(c)
and
(d)
, grant preferential
consideration to a relative or friend for the temporary placement of the child.
(b)
The juvenile court:
(i)
may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
Procedure;
(ii)
shall hear relevant evidence presented by the child, the child's parent or guardian,
the requesting party, or the requesting party's counsel, including relevant evidence
regarding harm the specific child has suffered or will suffer due to the separation
or continued separation from the child's parent or guardian; and
(iii)
may in the juvenile court's discretion limit testimony and evidence to only that
which goes to the issues of removal and the child's need for continued protection.
(6)
If the child is in protective custody, the division shall report to the juvenile court:
(a)
the reason why the child was removed from the parent's or guardian's custody;
(b)
any services provided to the child and the child's family in an effort to prevent
removal;
(c)
the need, if any, for continued shelter;
(d)
the available services that could facilitate the return of the child to the custody of the
child's parent or guardian; and
(e)
subject to Subsections
80-3-302(7)(c)
and
(d)
, whether any relatives of the child or
friends of the child's parents may be able and willing to accept temporary placement
of the child.
(7)
The juvenile court shall consider all relevant evidence provided by an individual or
entity authorized to present relevant evidence under this section.
(8)
(a)
If necessary to protect the child, preserve the rights of a party, or for other good
cause shown, the juvenile court may grant no more than one continuance, not to
exceed five judicial days.
(b)
A juvenile court shall honor, as nearly as practicable, the request by a parent or
guardian for a continuance under Subsection
(8)(a)
.
(c)
Notwithstanding Subsection
(8)(a)
, if the division fails to provide the notice
described in Subsection
(2)
within the time described in Subsection
(3)
, the juvenile
court may grant the request of a parent or guardian for a continuance, not to exceed
five judicial days.
(9)
(a)
If the child is in protective custody, the juvenile court shall order that the child be
returned to the custody of the parent or guardian unless the juvenile court finds, by a
preponderance of the evidence, consistent with the protections and requirements
provided in Subsection
80-2a-201(1)
, that any one of the following exists:
(i)
subject to Subsection
(9)(b)(i)
, there is a serious danger to the physical health or
safety of the child and the child's physical health or safety may not be protected
without removing the child from the custody of the child's parent;
(ii)
(A)
the child is suffering emotional damage that results in a serious impairment
in the child's growth, development, behavior, or psychological functioning;
(B)
the parent or guardian is unwilling or unable to make reasonable changes that
would sufficiently prevent future damage; and
(C)
there are no reasonable means available by which the child's emotional health
may be protected without removing the child from the custody of the child's
parent or guardian;
(iii)
there is a substantial risk that the child will suffer abuse or neglect if the child is
not removed from the custody of the child's parent or guardian;
(iv)
subject to Subsection
(9)(b)(ii)
, the child or a minor residing in the same
household has been, or is considered to be at substantial risk of being, physically
abused, sexually abused, or sexually exploited by:
(A)
a parent or guardian;
(B)
a member of the parent's household or the guardian's household; or
(C)
an individual known to the parent or guardian;
(v)
the parent or guardian is unwilling to have physical custody of the child;
(vi)
the parent or guardian is unable to have physical custody of the child;
(vii)
the child is without any provision for the child's support;
(viii)
a parent who is incarcerated or institutionalized has not or cannot arrange for
safe and appropriate care for the child;
(ix)
(A)
a relative or other adult custodian with whom the child is left by the parent
or guardian is unwilling or unable to provide care or support for the child;
(B)
the whereabouts of the parent or guardian are unknown; and
(C)
reasonable efforts to locate the parent or guardian are unsuccessful;
(x)
subject to Subsection
80-1-102(58)(b)(i)
and Sections
80-3-109
and
80-3-304
, the
child is in immediate need of medical care;
(xi)
(A)
the physical environment or the fact that the child is left unattended
beyond a reasonable period of time poses a threat to the child's health or safety;
and
(B)
the parent or guardian is unwilling or unable to make reasonable changes that
would remove the threat;
(xii)
(A)
the child or a minor residing in the same household has been neglected;
and
(B)
the parent or guardian is unwilling or unable to make reasonable changes that
would prevent the neglect;
(xiii)
the parent, guardian, or an adult residing in the same household as the parent or
guardian, is charged or arrested pursuant to
Title 58, Chapter 37d, Clandestine
Drug Lab Act
Title 76, Chapter 18, Part 5, Clandestine Drug Labs
, and any
clandestine laboratory operation was located in the residence or on the property
where the child resided;
(xiv)
(A)
the child's welfare is substantially endangered; and
(B)
the parent or guardian is unwilling or unable to make reasonable changes that
would remove the danger; or
(xv)
the child's parent:
(A)
intentionally, knowingly, or recklessly causes the death of another parent of
the child;
(B)
is identified by a law enforcement agency as the primary suspect in an
investigation for intentionally, knowingly, or recklessly causing the death of
another parent of the child; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b)
(i)
Prima facie evidence of the finding described in Subsection
(9)(a)(i)
is
established if:
(A)
a court previously adjudicated that the child suffered abuse, neglect, or
dependency involving the parent; and
(B)
a subsequent incident of abuse, neglect, or dependency involving the parent
occurs.
(ii)
For purposes of Subsection
(9)(a)(iv)
, if the juvenile court finds that the parent
knowingly allowed the child to be in the physical care of an individual after the
parent received actual notice that the individual physically abused, sexually
abused, or sexually exploited the child, that fact is prima facie evidence that there
is a substantial risk that the child will be physically abused, sexually abused, or
sexually exploited.
(10)
(a)
(i)
The juvenile court shall make a determination on the record as to whether
reasonable efforts were made to prevent or eliminate the need for removal of the
child from the child's home and whether there are available services that would
prevent the need for continued removal.
(ii)
If the juvenile court finds that the child can be safely returned to the custody of
the child's parent or guardian through the provision of the services described in
Subsection
(10)(a)(i)
, the juvenile court shall place the child with the child's
parent or guardian and order that the services be provided by the division.
(b)
In accordance with federal law, the juvenile court shall consider the child's health,
safety, and welfare as the paramount concern when making the determination
described in Subsection
(10)(a)
, and in ordering and providing the services described
in Subsection
(10)(a)
.
(11)
If the division's first contact with the family occurred during an emergency situation in
which the child could not safely remain at home, the juvenile court shall make a finding
that any lack of preplacement preventive efforts, as described in Section
80-2a-302
, was
appropriate.
(12)
In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
neglect are involved, the juvenile court and the division do not have any duty to make
reasonable efforts or to, in any other way, attempt to maintain a child in the child's
home, return a child to the child's home, provide reunification services, or attempt to
rehabilitate the offending parent or parents.
(13)
The juvenile court may not order continued removal of a child solely on the basis of
educational neglect, truancy, or failure to comply with a court order to attend school.
(14)
(a)
If a juvenile court orders continued removal of a child under this section, the
juvenile court shall state the facts on which the decision is based.
(b)
If no continued removal is ordered and the child is returned home, the juvenile court
shall state the facts on which the decision is based.
(15)
If the juvenile court finds that continued removal and temporary custody are necessary
for the protection of a child under Subsection
(9)(a)
, the juvenile court shall order
continued removal regardless of:
(a)
any error in the initial removal of the child;
(b)
the failure of a party to comply with notice provisions; or
(c)
any other procedural requirement of this chapter,
Chapter 2, Child Welfare Services
,
or
Chapter 2a, Removal and Protective Custody of a Child
.
Section 237. Section
80-4-109
is amended to read:
80-4-109
Effective
05/06/26
. Consideration of cannabis during proceedings.
(1)
As used in this section:
(a)
"Cannabis" means the same as that term is defined in Section
26B-4-201
.
(b)
"Cannabis product" means the same as that term is defined in Section
26B-4-201
.
(c)
(i)
"Chronic" means repeated or patterned.
(ii)
"Chronic" does not mean an isolated incident.
(d)
"Directions of use" means the same as that term is defined in Section
26B-4-201
.
(e)
"Dosing guidelines" means the same as that term is defined in Section
26B-4-201
.
(f)
"Medical cannabis" means the same as that term is defined in Section
26B-4-201
.
(g)
"Medical cannabis cardholder" means the same as that term is defined in Section
26B-4-201
.
(h)
"Recommending medical provider" means the same as that term is defined in Section
26B-4-201
.
(2)
In a proceeding under this chapter in which the juvenile court makes a finding,
determination, or otherwise considers an individual's possession or use of medical
cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not
consider or treat the individual's possession or use any differently than the lawful
possession or use of any prescribed controlled substance if:
(a)
the individual's possession or use complies with
Title 4, Chapter 41a, Cannabis
Production Establishments and Pharmacies
;
(b)
the individual's possession or use complies with Subsection
58-37-3.7(2)
58-37-404(2)
or
(3)
; or
(c)
(i)
the individual's possession or use complies with
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
; and
(ii)
the individual reasonably complies with the directions of use and dosing
guidelines determined by the individual's recommending medical provider or
through a consultation described in Subsection
26B-4-231(5)
.
(3)
In a proceeding under this chapter, a parent's or guardian's use of cannabis or a cannabis
product is not abuse or neglect of a child unless there is evidence showing that:
(a)
the child is harmed because of the child's inhalation or ingestion of cannabis, or
because of cannabis being introduced to the child's body in another manner; or
(b)
the child is at an unreasonable risk of harm because of chronic inhalation or
ingestion of cannabis or chronic introduction of cannabis to the child's body in
another manner.
(4)
Unless there is harm or an unreasonable risk of harm to the child as described in
Subsection
(3)
, a parent's or guardian's use of medical cannabis or a cannabis product is
not contrary to the best interests of a child if:
(a)
for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
possession or use complies with
Title 26B, Chapter 4, Part 2, Cannabinoid Research
and Medical Cannabis
, and there is no evidence that the parent's or guardian's use of
medical cannabis unreasonably deviates from the directions of use and dosing
guidelines determined by the parent's or guardian's recommending medical provider
or through a consultation described in Subsection
26B-4-231(5)
; or
(b)
before January 1, 2021, the parent's or guardian's possession or use complies with
Subsection
58-37-3.7(2)
58-37-404(2)
or
(3)
.
(5)
Subsection
(3)
does not prohibit a finding of abuse or neglect of a child and Subsection
(3)
does not prohibit a finding that a parent's or guardian's use of medical cannabis or a
cannabis product is contrary to the best interests of a child, if there is evidence showing
a nexus between the parent's or guardian's use of cannabis or a cannabis product and
behavior that would separately constitute abuse or neglect of the child.
Section 238. Section
80-6-707
is amended to read:
80-6-707
Effective
05/06/26
. Suspension of driving privileges.
(1)
This section applies to a minor who:
(a)
at the time that the minor is adjudicated under Section
80-6-701
, is at least the age
eligible for a driver license under Section
53-3-204
; and
(b)
is found by the juvenile court to be in actual physical control of a motor vehicle
during the commission of the offense for which the minor is adjudicated.
(2)
(a)
Except as otherwise provided by this section, if a minor is adjudicated for a
violation of a traffic law by the juvenile court under Section
80-6-701
, the juvenile
court may:
(i)
suspend the minor's driving privileges; and
(ii)
take possession of the minor's driver license.
(b)
The juvenile court may order any other eligible disposition under Subsection
(1)
,
except for a disposition under Section
80-6-703
or
80-6-705
.
(c)
If a juvenile court suspends a minor's driving privileges under Subsection
(2)(a)
:
(i)
the juvenile court shall prepare and send the order to the Driver License Division
of the Department of Public Safety; and
(ii)
the minor's license shall be suspended under Section
53-3-219
.
(3)
The juvenile court may reduce a suspension period imposed under Section
53-3-219
if:
(a)
(i)
the violation is the minor's first violation of:
(A)
Section
32B-4-409
;
(B)
Section
32B-4-410
;
(C)
Section
58-37-8
76-18-204
,
76-18-207
,
76-18-208
,
76-18-209
,
76-18-210
,
76-18-211
,
76-18-212
,
76-18-213
,
76-18-214
,
76-18-215
,
76-18-216
,
76-18-217
,
76-18-218
, or
76-18-219
;
(D)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act
Title 76, Chapter 18,
Part 3, Offenses Concerning Drug Paraphernalia
;
(E)
Title 58, Chapter 37b, Imitation Controlled Substances Act
Title 76, Chapter
18, Part 4, Offenses Concerning Imitation Controlled Substances
;
(F)
Subsection
76-5-102.1(2)(b)
;
(G)
Subsection
76-5-207(2)(b)
;
or
(H)
Subsection
76-9-110(2)
;
or
(I)
an offense described in a statute previously in effect in this state that is the
same or substantially similar to a violation of an offense described in
Subsections
(3)(a)(i)(A)
through
(H)
;
and
(ii)
(A)
the minor completes an educational series as defined in Section
41-6a-501
;
or
(B)
the minor demonstrates substantial progress in substance use disorder
treatment; or
(b)
(i)
the violation is the minor's second or subsequent violation of:
(A)
Section
32B-4-409
;
(B)
Section
32B-4-410
;
(C)
Section
58-37-8
76-18-204
,
76-18-207
,
76-18-208
,
76-18-209
,
76-18-210
,
76-18-211
,
76-18-212
,
76-18-213
,
76-18-214
,
76-18-215
,
76-18-216
,
76-18-217
,
76-18-218
, or
76-18-219
;
(D)
Title 58, Chapter 37a, Utah Drug Paraphernalia Act
Title 76, Chapter 18,
Part 3, Offenses Concerning Drug Paraphernalia
;
(E)
Title 58, Chapter 37b, Imitation Controlled Substances Act
Title 76, Chapter
18, Part 4, Offenses Concerning Imitation Controlled Substances
;
(F)
Subsection
76-5-102.1(2)(b)
;
(G)
Subsection
76-5-207(2)(b)
;
or
(H)
Subsection
76-9-110(2)
;
or
(I)
an offense described in a statute previously in effect in this state that is the
same or substantially similar to a violation of an offense described in
Subsections
(3)(b)(i)(A)
through
(H)
;
(ii)
the minor has completed an educational series as defined in Section
41-6a-501
or
demonstrated substantial progress in substance use disorder treatment; and
(iii)
(A)
the minor is 18 years old or older and provides a sworn statement to the
juvenile court that the minor has not unlawfully consumed alcohol or drugs for
at least a one-year consecutive period during the suspension period imposed
under Section
53-3-219
; or
(B)
the minor is under 18 years old and the minor's parent or guardian provides an
affidavit or sworn statement to the juvenile court certifying that to the parent or
guardian's knowledge the minor has not unlawfully consumed alcohol or drugs
for at least a one-year consecutive period during the suspension period imposed
under Section
53-3-219
.
(4)
(a)
If a minor is adjudicated under Section
80-6-701
for a proof of age violation, as
defined in Section
32B-4-411
:
(i)
the juvenile court may forward a record of adjudication to the Department of
Public Safety for a first or subsequent violation; and
(ii)
the minor's driving privileges will be suspended:
(A)
for a period of at least one year under Section
53-3-220
for a first conviction
for a violation of Section
32B-4-411
; or
(B)
for a period of two years for a second or subsequent conviction for a violation
of Section
32B-4-411
.
(b)
The juvenile court may reduce the suspension period imposed under Subsection
(4)(a)(ii)(A)
if:
(i)
the violation is the minor's first violation of Section
32B-4-411
; and
(ii)
(A)
the minor completes an educational series as defined in Section
41-6a-501
;
or
(B)
the minor demonstrates substantial progress in substance use disorder
treatment.
(c)
The juvenile court may reduce the suspension period imposed under Subsection
(4)(a)(ii)(B)
if:
(i)
the violation is the minor's second or subsequent violation of Section
32B-4-411
;
(ii)
the minor has completed an educational series as defined in Section
41-6a-501
or
demonstrated substantial progress in substance use disorder treatment; and
(iii)
(A)
the minor is 18 years old or older and provides a sworn statement to the
court that the minor has not unlawfully consumed alcohol or drugs for at least a
one-year consecutive period during the suspension period imposed under
Subsection
(4)(a)(ii)(B)
; or
(B)
the minor is under 18 years old and has the minor's parent or guardian provide
an affidavit or sworn statement to the court certifying that to the parent's or
guardian's knowledge the minor has not unlawfully consumed alcohol or drugs
for at least a one-year consecutive period during the suspension period imposed
under Subsection
(4)(a)(ii)(B)
.
(5)
When the Department of Public Safety receives the arrest or conviction record of a
minor for a driving offense committed while the minor's license is suspended under this
section, the Department of Public Safety shall extend the suspension for a like period of
time.
Section 239. Section
80-6-708
is amended to read:
80-6-708
Effective
05/06/26
. Service in National Guard.
If a minor is adjudicated under Section
80-6-701
, the minor may be given a choice by
the juvenile court to serve in the National Guard in lieu of other sanctions described in this part
if:
(1)
the minor meets the current entrance qualifications for service in the National Guard as
determined by a recruiter, whose determination is final;
(2)
the offense:
(a)
would be a felony if committed by an adult;
(b)
is a violation of
Title 58, Chapter 37, Utah Controlled Substances Act
Title 58,
Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses
Concerning Controlled Substances, or an offense described in a statute previously in
effect in this state that is the same or substantially similar to a violation of an offense
described in Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18,
Part 2, Offenses Concerning Controlled Substances
; or
(c)
was committed with a weapon; and
(3)
the juvenile court retains jurisdiction over the minor's case under conditions set by the
juvenile court and agreed upon by the recruiter or the unit commander to which the
minor is eventually assigned.
Section 240. Section
81-9-204
is amended to read:
81-9-204
Effective
05/06/26
. Custody and parent-time of a minor child --
Custody factors -- Preferences.
(1)
In a proceeding between parents in which the custody and parent-time of a minor child
is at issue, the court shall consider the best interests of the minor child in determining
any form of custody and parent-time.
(2)
The court shall determine whether an order for custody or parent-time is in the best
interests of the minor child by a preponderance of the evidence.
(3)
In determining any form of custody and parent-time under Subsection
(1)
, the court
shall consider:
(a)
for each parent, and in accordance with Section
81-9-104
, evidence of domestic
violence, physical abuse, or sexual abuse involving the minor child, the parent, or a
household member of the parent;
(b)
whether the parent has intentionally exposed the minor child to:
(i)
pornography; or
(ii)
material harmful to minors, as "material" and "harmful to minors" are defined in
Section
76-5c-101
; and
(c)
whether custody and parent-time would endanger the minor child's health or physical
or psychological safety.
(4)
In determining the form of custody and parent-time that is in the best interests of the
minor child, the court may consider, among other factors the court finds relevant, the
following for each parent:
(a)
evidence of psychological maltreatment;
(b)
the parent's demonstrated understanding of, responsiveness to, and ability to meet the
developmental needs of the minor child, including the minor child's:
(i)
physical needs;
(ii)
emotional needs;
(iii)
educational needs;
(iv)
medical needs; and
(v)
any special needs;
(c)
the parent's capacity and willingness to function as a parent, including:
(i)
parenting skills;
(ii)
co-parenting skills, including:
(A)
ability to appropriately communicate with the other parent;
(B)
ability to encourage the sharing of love and affection; and
(C)
willingness to allow frequent and continuous contact between the minor child
and the other parent, except that, if the court determines that the parent is
acting to protect the minor child from domestic violence, neglect, or abuse, the
parent's protective actions may be taken into consideration; and
(iii)
ability to provide personal care rather than surrogate care;
(d)
the past conduct and demonstrated moral character of the parent as described in
Subsection
(9)
;
(e)
the emotional stability of the parent;
(f)
the parent's inability to function as a parent because of drug abuse, excessive
drinking, or other causes;
(g)
the parent's reason for having relinquished custody or parent-time in the past;
(h)
duration and depth of desire for custody or parent-time;
(i)
the parent's religious compatibility with the minor child;
(j)
the parent's financial responsibility;
(k)
the child's interaction and relationship with step-parents, extended family members
of other individuals who may significantly affect the minor child's best interests;
(l)
who has been the primary caretaker of the minor child;
(m)
previous parenting arrangements in which the minor child has been happy and
well-adjusted in the home, school, and community;
(n)
the relative benefit of keeping siblings together;
(o)
the stated wishes and concerns of the minor child, taking into consideration the
minor child's cognitive ability and emotional maturity;
(p)
the relative strength of the minor child's bond with the parent, meaning the depth,
quality, and nature of the relationship between the parent and the minor child; and
(q)
any other factor the court finds relevant.
(5)
(a)
A minor child may not be required by either party to testify unless the trier of fact
determines that extenuating circumstances exist that would necessitate the testimony
of the minor child be heard and there is no other reasonable method to present the
minor child's testimony.
(b)
(i)
The court may inquire and take into consideration the minor child's desires
regarding future custody or parent-time schedules, but the expressed desires are
not controlling and the court may determine the minor child's custody or
parent-time otherwise.
(ii)
The desires of a minor child who is 14 years old or older shall be given added
weight, but is not the single controlling factor.
(c)
(i)
If an interview with a minor child is conducted by the court in accordance with
Subsection
(5)(b)
, the interview shall be conducted by the court in camera.
(ii)
The prior consent of the parties may be obtained but is not necessary if the court
finds that an interview with a minor child is the only method to ascertain the
minor child's desires regarding custody.
(6)
(a)
Except as provided in Subsection
(6)(b)
, a court may not discriminate against a
parent due to a disability, as defined in Section
57-21-2
, in awarding custody or
determining whether a substantial change has occurred for the purpose of modifying
an award of custody.
(b)
The court may not consider the disability of a parent as a factor in awarding custody
or modifying an award of custody based on a determination of a substantial change in
circumstances, unless the court makes specific findings that:
(i)
the disability significantly or substantially inhibits the parent's ability to provide
for the physical and emotional needs of the minor child at issue; and
(ii)
the parent with a disability lacks sufficient human, monetary, or other resources
available to supplement the parent's ability to provide for the physical and
emotional needs of the minor child at issue.
(c)
Nothing in this section may be construed to apply to adoption proceedings under
Chapter 13, Adoption.
(7)
This section does not establish:
(a)
a preference for either parent solely because of the gender of the parent; or
(b)
a preference for or against joint physical custody or sole physical custody, but allows
the court and the family the widest discretion to choose a parenting plan that is in the
best interest of the minor child.
(8)
When an issue before the court involves custodial responsibility in the event of a
deployment of a parent who is a service member and the service member has not yet
been notified of deployment, the court shall resolve the issue based on the standards in
Sections
81-10-306
through
81-10-309
.
(9)
In considering the past conduct and demonstrated moral standards of each party under
Subsection
(4)(d)
or any other factor a court finds relevant, the court may not:
(a)
(i)
consider or treat a parent's lawful possession or use of cannabis in a medicinal
dosage form, a cannabis product in a medicinal dosage form, or a medical
cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production
Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid
Research and Medical Cannabis, or Subsection
58-37-3.7(2
)
58-37-404(2)
or (3)
any differently than the court would consider or treat the lawful possession or use
of any prescribed controlled substance; or
(ii)
discriminate against a parent because of the parent's status as a:
(A)
cannabis production establishment agent, as that term is defined in Section
4-41a-102
;
(B)
medical cannabis pharmacy agent, as that term is defined in Section
26B-4-201
;
(C)
medical cannabis courier agent, as that term is defined in Section
26B-4-201
;
or
(D)
medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis; or
(b)
discriminate against a parent based upon the parent's agreement or disagreement with
a minor child of the couple's:
(i)
assertion that the minor child's gender identity is different from the minor child's
biological sex;
(ii)
practice of having or expressing a different gender identity than the minor child's
biological sex; or
(iii)
sexual orientation.
(10)
(a)
The court shall consider evidence of domestic violence if evidence of domestic
violence is presented.
(b)
The court shall consider as primary, the safety and well-being of the minor child and
the parent who experiences domestic violence.
(c)
A court shall consider an order issued by a court in accordance with Title 78B,
Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or
substantiated potential harm to the minor child.
(d)
If a parent relocates because of an act of domestic violence or family violence by the
other parent, the court shall make specific findings and orders with regards to the
application of Section
81-9-209
.
(11)
Absent a showing by a preponderance of evidence of real harm or substantiated
potential harm to the minor child:
(a)
it is in the best interest of the minor child to have frequent, meaningful, and
continuing access to each parent following separation or divorce;
(b)
each parent is entitled to and responsible for frequent, meaningful, and continuing
access with the parent's minor child consistent with the minor child's best interests;
and
(c)
it is in the best interest of the minor child to have both parents actively involved in
parenting the minor child.
(12)
Notwithstanding any other provision of this chapter, the court may not grant custody or
parent-time of a minor child to a parent convicted of a sexual offense, as defined in
Section
77-37-2
, that resulted in the conception of the minor child unless:
(a)
the nonconvicted biological parent, or the legal guardian of the minor child, consents
to custody or parent-time and the court determines it is in the best interest of the
minor child to award custody or parent-time to the convicted parent; or
(b)
after the date of the conviction, the convicted parent and the nonconvicted parent
cohabit and establish a mutual custodial environment for the minor child.
(13)
A denial of custody or parent-time under Subsection
(12)
does not:
(a)
terminate the parental rights of the parent denied parent-time or custody; or
(b)
affect the obligation of the convicted parent to financially support the minor child.
Section 241.
Repealer.
Short title.
Prohibited acts -- Penalties.
Short title.
Purpose.
Sentencing requirements for minors.
Short title.
Sentencing requirements for minors.
Short title.
Purpose.
Civil penalties.
Short title.
Prohibited acts -- First degree felony.
Applicability of Title 76 prosecutions under this chapter.
Title.
Section 242.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 243.
Coordinating H.B. 301 with S.B. 117.
If H.B. 301, Drug Recodification, and S.B. 117, Occupational and Professional
Licensing Amendments, both pass and become law, the Legislature intends that, on July 1,
2026, the amendments to Subsections 58-37-205(2)(a) and (2)(c) (renumbered from Section
58-37-10) in H.B. 301 supersede the amendments to Subsections 58-37-10(2)(a) and (2)(c) in
S.B. 117.
Section 244.
Coordinating H.B. 301 with other 2026 General Session legislation.
The Legislature intends that all statutory numbering and renumbering in H.B. 301, Drug
Recodification, be reflected in any new language added to the Utah Code by legislation that
passes in the 2026 General Session and becomes law.
3-5-26 1:17 PM