UtahH.B. 3012026 General SessionHouseWALLET

Drug Recodification

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Bill Overview

Analyzed Economic Effects

112 provisions identified: 47 benefits, 29 costs, 36 mixed.

Child custody safety and access rules

Beginning May 6, 2026, courts deciding custody must use the child’s best interests and a preponderance-of-the-evidence standard. Judges must weigh any domestic or sexual abuse and exposure to harmful material, and put the child’s and victim parent’s safety first. Protective orders count as evidence of harm. Children’s wishes matter, with added weight at age 14 or older. Unless harm is proven, the law presumes kids should have frequent, meaningful time with each parent. If a parent in the case is a service member who has not been notified of deployment, the court must use special military custody rules.

New civil lawsuits against drug suppliers

Beginning May 6, 2026, the estate of someone who dies from an illegal controlled substance can sue for treble and punitive damages. A person who became addicted from an illegal controlled substance can also sue for treble and punitive damages and treatment costs. People who knowingly take part in the illegal drug market in the state are civilly liable. Law enforcement and those acting under their direction are not liable when acting for an official investigation.

Crackdown on clandestine labs and precursors

Beginning May 6, 2026, many acts tied to illegal drug manufacturing are crimes, including having precursors or lab gear with intent, selling items knowing they will be used in a lab, and evading records. Judges and juries may infer lab intent if illegal precursors are found with gear like pill presses or rotary evaporators. Selling or possessing more than two ounces of crystal iodine without proper licensing is a crime; some schools, vets, and hospitals are exempt. Licensed practitioners and small crystal iodine purchases up to two ounces are excepted from some license rules.

License suspensions for drug convictions

If you are 21 or older and convicted of a qualifying offense, your driver license is suspended for 120 days. If you have a prior qualifying conviction within 10 years, your license is revoked for two years. For ages 19–20, suspension or revocation can last until age 21; repeat offenders face longer periods. Courts may shorten suspensions if you join or complete a 24-7 sobriety program. These rules apply beginning May 6, 2026.

License suspensions for drug offenses

Beginning May 6, 2026, the state immediately revokes or suspends driver licenses after convictions for listed impaired‑driving and related offenses, including refusing a chemical test and driving with measurable drugs. A first conviction under Section 32B-4-411 brings a one‑year suspension; a second within 10 years brings a two‑year suspension. Courts can trigger a six‑month suspension for certain drug‑vehicle offenses if it helps public safety. If you join or finish drug court, the court can ask for early reinstatement.

Higher fines for health license violations

Beginning May 6, 2026, the division can fine health licensees up to $10,000 per violation and up to $2,000 per day for ongoing violations. Some unlawful conduct is a third‑degree felony. You get 20 days to contest a citation, and the division has one year from when a violation was reported to issue a citation. Collected fines go to enforcement and education accounts for nurses and physicians.

Workers’ comp cut for drug misuse

Starting May 6, 2026, if an injured worker is fired from reemployment for using a non‑prescribed controlled substance, intentionally abusing a prescribed controlled substance, or having a blood or breath alcohol level of 0.05 grams or more, the commission may reduce or stop disability payments. The employer or insurer has one year to ask for a hearing and must notify the worker within three business days. Chemical tests must be confirmed by gas chromatography, GC‑MS, or a similarly reliable method.

Harsher penalties for drug labs

Beginning May 6, 2026, if two or more aggravating conditions are proven in a clandestine lab case, the court cannot give probation, suspend the sentence, or reduce the offense level.

Fairer custody rules for families

Beginning May 6, 2026, a court cannot deny custody just because a parent has a disability unless the court finds the disability seriously limits caregiving and the parent lacks needed supports. A child cannot be forced to testify unless there are special circumstances and no other way to get the child’s views. If the court interviews a child, it must do it in private.

Juvenile help and National Guard option

Beginning May 6, 2026, a court that finds a minor violated the paraphernalia advertising rule can order screening, an assessment, and education or treatment. For some adjudicated minors, the court may offer service in the National Guard instead of other sanctions if the teen meets current entrance rules. The court keeps jurisdiction and sets conditions with the recruiter or unit commander.

Work credits cut probation or parole time

For people placed on probation or parole on or after July 1, 2026, the state can give up to 30 days off supervision for each month of eligible employment. The court or board can still deny early termination for safety or treatment‑completion reasons. This program begins under the law on May 6, 2026.

Limits on car seizure and raids

Beginning May 6, 2026, the state generally cannot forfeit your car for listed traffic or DUI offenses unless you have certain prior convictions after May 12, 2009, or you drove on a license denied or suspended for a listed offense. Judges also cannot approve an unannounced forcible entry warrant if the only reason is alleged drug possession or paraphernalia.

Cannabis users protected in custody

Beginning May 6, 2026, courts may not treat lawful medical cannabis use differently from other prescribed drugs. Parents are not penalized in custody cases just for being medical cannabis cardholders or agents. Juvenile courts must treat compliant medical cannabis use like any lawful prescription. A child cannot be removed from a home solely for a parent’s lawful medical cannabis use. These protections apply only when use follows state program rules and dosing.

Controlled‑substance research and pilot care

Beginning May 6, 2026, licensed researchers may produce, have, give, or dispense controlled substances for medical research as allowed by license, but not prescribe listed substances outside research. A limited behavioral‑health pilot at certain health systems may treat adults with drugs in FDA Phase 3 trials under close supervision. The pilot must report by July 1, 2026, and ends July 1, 2027.

Opioid labels, pamphlets, and naloxone

Pharmacies must place a warning label on Schedule II or III opiates: “Caution: Opioid. Risk of overdose and addiction.” Beginning January 1, 2024, pharmacies must offer counseling and offer naloxone when a patient gets 50 or more MME/day, or when opioids and benzodiazepines were both dispensed within 30 days. Beginning May 6, 2026, pharmacies must also display a state opioid pamphlet at the counter if it is available.

Pharmacists can prescribe some meds

Beginning May 6, 2026, pharmacists may prescribe certain non‑controlled drugs and devices named by state rule. Initial categories include HIV PrEP/PEP, self‑administered hormonal contraceptives, smoking‑cessation products, naloxone, and fluoride. Rules require notifying your primary care provider and preventing over‑prescribing.

Protections for legal medical cannabis

Beginning May 6, 2026, courts and probation cannot punish you for legal medical cannabis if you follow Utah’s medical rules and your provider’s dosing. Judges, juries, and commissioners must treat it like any other lawful prescription. Probation, diversion, or plea terms cannot force you to stop lawful medical cannabis. In juvenile cases, a parent’s lawful medical cannabis use is not abuse or neglect unless there is proof the child was harmed.

SNAP and cash aid restored after drug felonies

Beginning May 6, 2026, the state allows people with certain drug‑related felony convictions to get SNAP food help and state cash assistance. This uses the federal opt‑out to restore eligibility for these benefits. Normal program rules still apply.

Stronger background checks for care workers

Beginning May 6, 2026, the Office must run state and national criminal checks, including fingerprints, before granting or denying direct‑access status. It also checks child‑welfare and sex‑offender registries when needed. These checks apply before someone can have direct access to children or vulnerable adults.

Harsher penalties and coordinated drug-lab enforcement

Beginning May 6, 2026, unlawful clandestine lab crimes are second‑degree felonies with 3 to 15 years in prison. Some become first‑degree felonies when aggravating factors apply, such as firearms, booby traps, hazardous materials, or certain locations or drugs. State divisions get authority to inspect records, enter premises during business hours, and assist law enforcement on precursors and labs. Agencies must coordinate with federal and state partners, share data, and run joint training and eradication programs. State and local agencies must cooperate with the enforcement bureau’s alcohol- and drug‑related roles.

Harsher sentences for certain drug crimes

From May 6, 2026, using or having a weapon or firearm during certain serious drug distribution crimes requires an indeterminate prison term; suspension needs on‑record safety findings and supervised probation. Drug crimes in or near schools, parks, libraries, houses of worship, child‑care, within 100 feet of those places, in front of someone under 18, or to serve inmates are punished one degree higher. A first‑degree felony under these enhancements carries at least five years in prison with no probation or suspension. If the crime facilitates distribution to an inmate or occurs on correctional grounds, the court must add a one‑year consecutive term and may add up to five more years. For certain repeat offenders with a past illegal‑reentry conviction, judges must impose a 360‑day jail term that cannot be suspended; release to ICE is only allowed in the last 14 days.

New lawsuits against illegal drug dealers

Beginning May 6, 2026, families, employers, medical providers, insurers, and governments can sue people who knowingly sold illegal drugs or took part in the sales chain. Plaintiffs can recover economic and noneconomic damages, exemplary damages, attorney fees, and expert costs. The suit must tie the defendant’s actions to the drug actually used and follow the law’s timing and community rules.

No forced entry for possession

Beginning May 6, 2026, police may not forcibly enter a place based only on alleged drug possession, use, or paraphernalia. Other legal grounds are still required for forced entry.

Stronger warrant review and faster expungement

Beginning May 6, 2026, a supervisor must review certain warrant requests, check intelligence steps, and complete a threat assessment before asking a judge. Courts send prosecutors a monthly list of cases that look eligible for automatic expungement. Prosecutors have 35 days to object; if they do not, the court moves forward with expungement.

Safer kratom and cannabis products

Kratom products must meet safety rules: no harmful adulterants or controlled drugs, no synthetic alkaloids, and no more than 2% 7‑hydroxymitragynine. Labels must show the amounts of mitragynine and 7‑hydroxymitragynine. The law treats any food that intentionally contains an FDA‑authorized vaccine or vaccine material as a drug, so it is regulated under drug and controlled‑substance laws. The definition of "adulterant" also includes artificially derived cannabinoids and other harmful substances. These protections take effect May 6, 2026.

Drug court access based on needs

Beginning May 6, 2026, adult drug court eligibility uses a risk‑and‑needs check and targets people who are high risk and high needs. Courts cannot limit entry only to a short list of drug offenses. To enter a program, a person must have a plea, conviction, or adjudication for a nonviolent drug or related offense, agree to frequent testing, take treatment, and accept sanctions for violations.

Tighter privacy for prescription database

Starting May 6, 2026, only certain roles can see controlled‑substance database records. Police can get only nonidentifying data like gender, birth year, and ZIP code. Managed‑care and health officials need written agreements and background checks and must limit searches to specific cases. Practitioners and designees can see only records for their patients. The law also defines key database terms to make these limits clear.

Custody denial still means support

Beginning May 6, 2026, if a parent is denied custody or parent‑time under the sexual‑conviction rule, the parent’s rights are not terminated and the duty to pay child support does not change.

Letting drug use on property is illegal

Beginning May 6, 2026, owners, tenants, or others in control of a place commit a crime if they knowingly let people use the place for illegal drug activity. Penalties increase with prior convictions, up to a third‑degree felony. The law also defines a supervised drug consumption site, and it does not include opioid treatment or medication‑assisted treatment clinics.

Tougher DUI, bus, and weapon rules

Beginning May 6, 2026, "extreme DUI" includes BAC 0.16 or higher, BAC 0.05 plus a measurable controlled substance, or two or more controlled substances unless prescribed or recommended under the medical cannabis law. You may not drive with any measurable controlled substance or metabolite, except when only the THC metabolite 11‑nor‑9‑carboxy‑THC is present. It is a class C misdemeanor to be on a bus while unlawfully under the influence or to take a controlled substance on a bus without a prescription. Carrying a readily usable weapon while impaired by alcohol or drugs is a class B misdemeanor, with listed exceptions.

Tighter drug labeling and container rules

Beginning May 6, 2026, licensed distributors may only ship controlled drugs in packages and labels that meet federal standards. Except for a pharmacist filling a prescription, no one may alter or remove a manufacturer’s label. When a pharmacy dispenses a controlled drug, its label must include the pharmacy, prescription, prescriber, patient, and direction details required by rule. It is a class B misdemeanor to possess a prescribed controlled drug outside the original labeled container, unless you show a valid prescription or the original container with the label.

Stricter background checks for direct‑access jobs

The Office must deny direct‑access qualified status if the applicant was convicted of certain listed offenses within three years before the background check. Equivalent out‑of‑state convictions also count. This applies when the Office conducts the background check.

Controlled-drug businesses: licenses and fines

Starting May 6, 2026, anyone who makes, distributes, prescribes, dispenses, administers, researches, or tests Schedules I–V drugs must hold a division license, with a separate license for each main location. Licenses renew every two years; the division may charge licensing fees and stagger renewal dates. The division can inspect and require self‑audits, and may deny a license that is against the public interest based on diversion controls, compliance, and past convictions. Some people are exempt (non‑sales employees of registered firms, carriers and warehousemen, and ultimate users with a lawful order), and the division may waive licensing by rule. Violations can bring fines up to $10,000 per violation or $2,000 per day for ongoing violations, plus other discipline.

Harsher penalties for drug trafficking

Beginning May 6, 2026, making or selling Schedule I–II drugs is a second-degree felony; Schedules III–IV can be a third-degree felony, and Schedule V can be a class A misdemeanor. Having drugs with intent to sell is penalized the same way by schedule. Running an organized drug enterprise is a first-degree felony with at least seven years in prison, or at least 15 years if a minor is involved. Repeat convictions face tougher penalties, and weapon enhancements can apply.

Tighter controls on drug-making chemicals

Utah lists key precursors like ephedrine, pseudoephedrine, GBL, anhydrous ammonia, red phosphorus, and high‑strength iodine as controlled precursors starting May 6, 2026. The director can issue an emergency rule to list new precursors; violations during an emergency listing carry civil or administrative penalties. Certain unlawful precursor acts are class A misdemeanors, and having precursors to make illegal drugs is a second‑degree felony. Unlicensed red phosphorus possession is a class A misdemeanor with specific business and manufacturing defenses that require written notice before trial. Regulators can inspect required records during business hours, public safety can enforce these rules, and chemicals and related property used in felony violations can be forfeited.

Tougher crimes for impaired driving

Beginning May 6, 2026, negligent driving that causes injury is a crime in more situations, including with a blood or breath alcohol level of 0.05 or higher, or any measurable drug when acting criminally negligent. Deaths in these conditions are treated as automobile homicide, generally a second‑degree felony. Valid prescriptions, 11‑nor‑9‑carboxy‑THC, and licensed research uses are excepted.

Tougher penalties for drug fraud

Beginning May 6, 2026, using fake or revoked license numbers, pretending to be a doctor or pharmacist, or lying or forging to get controlled drugs are crimes. Having an altered or forged prescription is also a crime. Penalties rise with repeat offenses and can reach a third‑degree felony.

Tighter controls on precursors and decongestants

Beginning May 6, 2026, sellers and buyers in regulated precursor transactions must hold a state precursor license, keep records, and file required reports. Civil fines can reach $25,000 per offense, and licenses renew on a two‑year cycle. Crystal iodine sales require photo ID, a signed certificate, and a legible fingerprint. Possessing anhydrous ammonia without a license is a class A misdemeanor, with defenses for farmers and routine commercial handlers. Having more than 9 grams of ephedrine, pseudoephedrine, or phenylpropanolamine is a class A misdemeanor unless exempt (for example, a valid prescription, licensed business) or the product is a dietary supplement with 15% or less by weight.

Custody rules: safety and fairness

Beginning May 6, 2026, courts cannot prefer one parent because of gender and have no automatic preference for joint or sole custody. Courts may not punish a parent for agreeing or disagreeing with a child’s gender identity or sexual orientation. A parent convicted of a sexual offense that led to a child’s conception is restricted from custody or parent‑time, with narrow exceptions when it is in the child’s best interest.

Drugged driving penalties and defenses

Beginning May 6, 2026, driving with any measurable controlled substance in your body is a class B misdemeanor. You can defend yourself if the drug was prescribed to you, you ingested it lawfully, it was medicinal cannabis used as the law allows, or you ingested it involuntarily. These defenses reduce the risk of conviction in qualifying cases.

Paraphernalia crimes and help for minors

Beginning May 6, 2026, using or delivering drug paraphernalia is a crime, and knowingly advertising it is a class B misdemeanor. Delivery is a third‑degree felony if an adult gives paraphernalia to a minor and is at least three years older. You cannot be charged for an unused, sealed sterile syringe. Courts and prosecutors can dismiss some syringe cases if the syringe was stored safely, you were in a syringe exchange program, and you showed intent to seek treatment. For minors, courts can order screening, assessment, and education or treatment instead of only punishment.

Probation fees and rewards for compliance

Beginning May 6, 2026, people on probation or parole must pay a $30 monthly supervision fee. The division can suspend or waive the fee for substantial hardship or when restitution is owed. The division runs graded incentives to reward following the rules. It must track earned credits and ask the court or Board to end supervision at least 30 days before the new end date that reflects those credits.

Licensing and research rules for prescribers

Beginning May 6, 2026, practitioners who give, dispense, or study Schedule II–V drugs must hold required state licenses; separate research applications are required for narcotics or when rules say so. The division may deny, suspend, put on probation, or revoke a license for listed reasons such as falsified applications, certain convictions, refusing inspection, or anabolic steroid misuse. A licensee who breaks research‑use limits can be fined up to $5,000 per violation, with collection through courts and fee‑shifting to the winner. Manufacturers, producers, and distributors that meet federal registration requirements (excluding fees) are entitled to a Utah license.

Medical cannabis protections and limits

The law treats compliant medical cannabis like a prescribed drug when state employees review possession or use. People who follow state medical cannabis and cannabinoid product rules are not guilty of controlled‑substance crimes for those acts. Some past medical cannabis possession or use before July 1, 2021 is also protected if it met legal dosage and card rules. Smoking cannabis is still not allowed; a first smoking offense is an infraction with a fine up to $100. These protections and limits apply beginning May 6, 2026.

Medical cannabis: protections and strict rules

Beginning May 6, 2026, only cannabinoid products allowed by this chapter or approved by the FDA may be sold or used. A “cannabis product” means one with 0.3% or more THC by dry weight. Cardholders must carry their card, keep pharmacy labels and original containers, and stay within the legal dosage limit; first offenses can bring a fine up to $100, with higher penalties for repeats or large over‑limits. If an officer verifies your valid card electronically, the officer may not arrest you or seize your medicinal cannabis for that reason alone. Cardholders may not sell or give cannabis or devices to other cardholders; caregivers and guardians may transfer only to their assigned patients. Only certain registered people may transport cannabis; only cultivation agents may move unprocessed cannabis. State and local agencies may not spend resources to act against activity reasonably believed to follow Utah’s medical cannabis law, or punish licensed professionals and vendors solely for serving state‑authorized entities.

More prescribing options for naturopathic doctors

Beginning May 6, 2026, naturopathic physicians may prescribe some prescription drugs that fit naturopathic practice. They still may not prescribe controlled substances, except testosterone. Many FDA drug categories—like antineoplastics, antipsychotics, sedatives, sleeping drugs, tranquilizers, and barbiturates—remain excluded unless the division later approves them for naturopathic care.

State cash aid and treatment rules

Beginning May 6, 2026, the state may give cash help from the General Fund to legal residents who are not U.S. citizens when federal law blocks federal funds. If you receive this cash help and are drug dependent, you must get available treatment and show progress to keep benefits. The department may refer only to providers that meet its success standards.

New rules for beer sales and events

Off‑premise beer stores must keep beer in no more than two floor locations and post a bold sign warning that beverages contain alcohol. Violations are infractions. Staff who sell or supervise beer must wear visible ID badges, and stores must keep badge records; local fines can be up to $250. Drive‑through and curbside beer sales are allowed if the store verifies age at pickup, keeps video on stalls, delivers from the licensed premises, and follows training rules. Event permit holders must follow alcohol laws or face permit revocation, bond forfeiture, product seizure, and a three‑year application ban. Manufacturers may sell certain alcohol‑containing medicines in original containers if they cannot be used as a drink and must provide samples if asked.

Stricter rules and fines for cannabis delivery

Beginning May 6, 2026, home‑delivery pharmacies must ensure secure deliveries and oversee any licensed courier they use. Only registered agents may transport cannabis, and they must work for the licensed business and carry a detailed manifest. Agents must pass fingerprint background checks, get a card within 15 days if qualified, renew every two years, and carry the card while handling shipments. Typical penalties are $100 for not carrying a card or for manifest errors, $750 for a third card offense, and up to $5,000 against a pharmacy for repeat card violations. The state limits transport routes, can seize dangerous batches, and can revoke or refuse renewals and fine violators, usually after a letter of concern unless health is at risk or it’s a third violation in 24 months.

Tougher pharmacy rules and dispensing limits

Beginning May 6, 2026, the law widens what counts as unprofessional conduct for pharmacies and staff, such as misbranding, improper rebates, redistributing returned drugs, or letting staff work beyond their scope. Some exceptions remain for volume discounts and certain rebates. Also, dispensing practitioners may not dispense controlled substances, division‑designated drugs, or more than a 30‑day supply; dentists may still dispense prescription fluoride. These changes raise compliance risks while clarifying limits.

New rules for cannabinoid products and staff

Beginning May 6, 2026, only cannabinoid products on the state’s registered “safe for human use” list may be sold. Inhalable products must carry a health-warning label, and hemp/CBD marketing must clearly say it is not cannabis or medical cannabis. Processing sites are tiered: Tier 1 can make concentrates and derivative products; Tier 2 can only package plant-form products. A single owner may hold no more than 30% of medical cannabis pharmacy licenses. Registered agents must carry their card when on site or moving products; showing the card creates a presumption of lawful possession. Fines apply for not carrying the card ($100 for a first/second offense; $750 for later offenses) and the department may fine the establishment up to $5,000.

Drug law repeals and timelines

The law schedules several repeals. Title 58, Chapter 13 and Chapter 61 repeal July 1, 2026. Section 58‑37‑309 repeals July 1, 2027. A seven‑day opiate supply limit in Subsection 58‑37‑304(6)(d) repeals July 1, 2032. A list of other drug sections in Title 58 is repealed effective May 6, 2026.

Short jail stays and treatment tracking

If you are on probation or parole and join treatment or a residential program, the Division must track your participation and completion. The department sets supervision standards and focuses resources on felony offenders. Graduated sanctions may include short jail stays only with court or Board approval, limited to up to three days in a row and six days in 30 days. The department must track outcomes and cost savings each year. POST‑certified officers monitor compliance, investigate escapes, supervise transports, and collect DNA when required. These rules take effect May 6, 2026.

State drug law definitions and preemption

Beginning May 6, 2026, Utah updates key drug‑law definitions and ties controlled‑substance schedules to state and federal lists. “Advertising” covers messages not age‑restricted to 21 and older. Cities and counties cannot pass drug rules weaker than state law. Anyone claiming an exemption (like a license or prescription) must prove it. The law also sets retroactivity rules and places pre‑1972 controlled drugs into the right schedule.

New rules and liability for academic detailing

Beginning May 6, 2026, the law defines academic and commercial detailing and requires compliance with federal regulations. People harmed by grossly negligent or willful violations can sue if damages were foreseeable and caused by the violation. This creates enforceable standards and limited civil liability for academic detailers.

Stronger checks for caregiving workers

Applicants for jobs with direct access to children or vulnerable adults must give ID details, sign consent for ongoing checks, and pay a fee. The office searches added state and out‑of‑state records, runs fingerprints through state and FBI systems, and monitors for updates. It can grant conditional access for up to 60 days (national results pending) or up to one year for out‑of‑state registries (not for foster/adoptive parents). The office must deny or limit access when there are court orders, open investigations, or recent supported findings, with a narrow transition for some congregate care staff. It also does full reviews when listed criminal or registry triggers appear, and allows a reviewed path for certain adult mental‑health roles. Licensees must block unsupervised access except in narrow, listed situations.

Updated drug schedules and definitions

Beginning May 6, 2026, Utah adopts all substances listed in state and federal schedules as controlled. The law names many synthetic cannabinoids and stimulants and treats certain chemicals (like GBL and 1,4‑butanediol) as controlled analogs when present in products for human use. It defines “artificially derived cannabinoids,” clarifying which processes are covered. Herbs, herbal products, and food supplements that are not scheduled remain unrestricted by this chapter.

Stronger opioid monitoring and alerts

Beginning May 6, 2026, the state runs a stronger controlled‑substance database. Prescribers must register, take training, and check the database before first prescribing Schedule II or III opioids, and regularly after. Hospitals and courts trigger fast notices to prescribers after overdose admissions (3 business days), overdose deaths (5 business days), and DUI convictions tied to prescribed drugs (daily entry). Pharmacies must contact prescribers when the database shows concerning opioid patterns. Secure EHR access, audit rules, protected education, and dedicated funding support the system. There may be registration fees for prescribers, but heavy database users may get reduced opioid‑education requirements.

Automatic expungement for earlier requests

If you submitted the expungement request form between Oct 1, 2024 and Jan 1, 2026, the court issues expungement orders without a petition when your case qualifies and prosecutors do not object on time.

Juvenile testing limits and license relief

Beginning May 6, 2026, juvenile courts may not order hair or fingernail drug tests. Courts may order saliva tests only if the court finds they are necessary. The division may refer for saliva testing only with the individual’s consent. For a first offense, a minor’s driving suspension may be shortened by finishing an education series, showing treatment progress, or providing a one‑year abstinence statement.

Protections for syringe sales and overdose calls

Beginning May 6, 2026, selling sealed sterile syringes for medical use is not treated as distributing paraphernalia. If you reasonably think someone is overdosing, call for help, give the location, stay, and cooperate, you have a legal defense to paraphernalia charges from that event.

Medical cannabis and CBD safe harbors

Beginning May 6, 2026, you may use CBD bought outside Utah if it meets Utah’s controlled‑substance rules. If you carry your medical cannabis card and have medicinal cannabis or a related device, the law presumes your possession is lawful. Possession alone cannot be used as probable cause for illegal activity.

Podiatrists get more wound and cannabis options

Beginning May 6, 2026, podiatrists may provide wound debridement on the limbs and torso, not just the foot and ankle. They may also recommend medical cannabis within podiatry’s scope when acting as a recommending provider and following state cannabis rules. Violating cannabis rules remains unprofessional conduct.

SBIRT covered for Medicaid and state plan

Beginning May 6, 2026, Medicaid pays prescribers for SBIRT (screening, brief intervention, and referral to treatment) for enrollees age 13 and older. The state employee health plan also pays for SBIRT for covered people age 13 and older, when given by trained, enrolled prescribers.

Short meds at discharge; methadone help

Beginning May 6, 2026, hospital pharmacies may give a limited discharge supply (no more than 72 hours) when your regular pharmacy is closed or cannot fill. Hospitals may also dispense an opioid antidote without that closure rule and must accept the drug’s wholesale acquisition cost. A DEA‑registered practitioner at a general acute hospital may order up to a 72‑hour methadone supply for sudden withdrawal while arranging treatment, following federal rules.

Appeal right after access denial

If the Office denies your direct access qualified status, you can request a hearing with the Office of Administrative Hearings to challenge the decision.

Liability shield for drug donations

Beginning May 6, 2026, a drug outlet that donates a nonschedule drug or device for charity and follows storage and handling laws is not liable for injury or death from a defect, unless there was gross negligence, recklessness, or intentional misconduct. Providers who give donated nonschedule items get the same protection and must keep a signed consent if they give directly to a needy person.

More products allowed for alcohol permittees

Starting May 6, 2026, industrial or manufacturing permittees may make and sell vinegar, preserved non‑intoxicating cider, certain food products, and USP or national formulary items that use only the alcohol needed. They may also make wood and denatured alcohol if they follow federal formulas (27 C.F.R. Parts 19, 20, and 21). Noncompliance can lead to discipline.

Definitions to guide drug and juvenile cases

Beginning May 6, 2026, the law adds and adopts key definitions for drug‑offense rules, including terms that clarify who is covered. It also defines “adjudicated” for juvenile firearm rules as a juvenile court judgment against a minor. These definitions help courts and agencies apply the law consistently.

Help for overdose callers and bystanders

Beginning May 6, 2026, if you reasonably think someone is overdosing and you call for help, give the location, stay, and cooperate, you can claim a legal defense. The judge may also treat your actions as a reason to lower a sentence tied to the same event. This defense covers possession under the set limits, including less than 16 ounces of marijuana. It does not apply if the call happens during a police search or arrest.

More reporting on deaths in custody

Each year before June 15, the Department of Corrections reports in‑custody deaths and causes, next‑of‑kin policies, and withdrawal treatment policies, including use of methadone, buprenorphine, and naltrexone. It also reports on screening and treatment for mental health and substance use, and on restrained inmates who gave birth. The Commission compiles one redacted report and sends it to legislative committees before November 1 each year. These rules apply beginning May 6, 2026.

More supervision for serious offenders

Beginning May 6, 2026, Adult Probation and Parole supervises people in the community on probation or parole for felonies and certain class A misdemeanors involving force, or as ordered by the court. The rule also applies to offenders accepted under the Interstate Compact.

Protect kids from drug exposure

Beginning May 6, 2026, it is a crime to expose a child or vulnerable adult to drugs, chemicals, or drug gear. Penalties rise if injury or death occurs. It is also a crime to trick someone into taking poison, drugs, or alcohol. A lawful prescription can be a defense, but the defendant must give the prosecutor written notice 20 days before trial.

Protections for medical research and testing

Beginning May 6, 2026, registered practitioners, law enforcement, and certain health or harm‑reduction programs are protected when they handle substances for research or public‑health testing. Licensed researchers have an affirmative defense for conduct tied to medical research. People dosed by a licensed researcher also have a defense for the substance in their body.

Religious peyote use is protected

Beginning May 6, 2026, an Indian who uses, possesses, or transports peyote for a bona fide traditional ceremony in a traditional Indian religion is protected from the listed drug charges. To use the defense, the person must give written notice as soon as possible, usually at least 10 days before trial unless waived, and must prove it by a preponderance of the evidence.

State licenses and polices precursors

Beginning May 6, 2026, the Department of Commerce and its Division of Professional Licensing run licensing and reporting for controlled‑substance precursors. The Division writes rules, investigates violations, holds hearings, helps law enforcement, and sets reporting schedules.

Stronger racketeering cases for drugs

The law expands what counts as unlawful activity to include many drug‑related crimes for racketeering cases. It adds several state crimes and certain federal crimes as predicate acts. Enterprise cases still require a pattern, usually at least three episodes.

Podiatrists face stricter prescribing rules

Beginning May 6, 2026, podiatrists are barred from unlawfully prescribing, selling, or giving prescription drugs, including controlled substances. Unlicensed people may not use podiatry titles or imply they are qualified.

Statewide safe drug disposal program

Beginning May 6, 2026, the Attorney General may run a Drug Disposal Program if funds are available. The state can place secure drop‑off sites in each county and publish their locations. Each site must make drugs non‑retrievable and handle waste in an eco‑friendly way. The Attorney General can also set up a way for residents to get safe home disposal kits.

Uniform rules for drug disposal sites

Beginning May 6, 2026, most state and local agencies cannot add stricter rules for drug disposal kits or drop‑off sites, block locations, or interfere with the program. This helps disposal programs run the same statewide and improves access to safe disposal.

Drug courts: setup and funding split

Beginning May 6, 2026, a judicial district can start a drug court if it shows a need and submits a plan with courts, prosecutors, defense, corrections, and treatment providers. Each disbursement to a drug court is split 87% to Health and Human Services for testing, treatment, and case management, and 13% to the courts for support costs. The split does not apply to federal block grants.

Faster court data in Rx database

The division enters court reports under listed criminal statutes into the controlled‑substance database every day. This improves timely data for prescribers and oversight. The duty applies to the listed court reports and has existed since October 1, 2016.

Mental health help for high-risk offenders

Beginning May 6, 2026, the department works with local mental health agencies to assess and plan care for habitual offenders with mental illness who are at high risk of reoffending. Planning happens at a clinically appropriate time or at least three months before parole ends or a sentence expires. A report to lawmakers on possible rule changes was due by November 1, 2025.

Vets can use gabapentin more easily

Licensed veterinarians who prescribe, give, or dispense gabapentin within their scope are exempt from certain controlled‑substance rules. This reduces paperwork and speeds pet care. The exemption starts May 6, 2026.

Collections on unpaid drug penalties

The division can send unpaid controlled‑substance penalties to the state debt collector or a private agency, or sue in court. If the division wins in court, it gets reasonable attorney fees and costs. This raises collection pressure on unpaid penalties.

Chiropractors face strict drug prescribing limits

Chiropractic physicians may not prescribe, possess for dispensing, dispense, buy without a prescription, or administer prescription‑only drugs. The only exception is certain topically applied agents, like steroids, anesthetics, coolants, and analgesics for wound and musculoskeletal care.

Medical cannabis limits and fines

Beginning May 6, 2026, medical cannabis patients face clear possession caps. You may not have more than 113 grams of unprocessed cannabis for a 30‑day supply. You may not have more than 20 grams of active THC in products for 30 days. Public use is banned except for an emergency medical condition. A first public‑use offense can be a $100 infraction; later offenses are class B misdemeanors with a $1,000 fine.

Stronger drug-free rules in schools and jobs

Beginning May 6, 2026, schools may discipline students for listed controlled‑substance and paraphernalia offenses, and for possessing e‑cigarette products on school property. Local governments and colleges update drug‑free workplace terms: “drug” includes United States Pharmacopeia substances and state‑listed controlled substances, and “safety‑sensitive” jobs include roles with access to controlled substances.

Kratom processors must register and comply

Beginning May 6, 2026, you may not sell a kratom product unless it is registered with the department. Kratom processors must also register as a food establishment. Each labeling or composition violation is a class C misdemeanor. A processor can avoid liability by showing good‑faith reliance on an upstream supplier’s written claims.

Nursing homes must plan safe drug disposal

Beginning May 6, 2026, nursing care facilities must make controlled drugs irretrievable when disposing of them and follow all federal and state rules. Each facility must write a disposal plan and show it to the health department and the committee on request.

Retail beer shops: no gambling, no drugs

Licensed off‑premise beer retailers may not allow gambling or gaming devices, or chance‑based contests that risk something of value. They also may not knowingly allow drug or paraphernalia sales, use, or possession on the premises.

Licensing rules and conviction reporting

Beginning May 6, 2026, two controlled‑substance licensing rules now apply to the drug‑offenses chapter. Courts must also report listed convictions to the professional licensing division, including the person’s name, case number, conviction date, and birth date if known. Licensing boards can use these reports to review or act on licenses.

Penalties for inhalant solvent abuse

Beginning May 6, 2026, it is a crime to inhale, buy, or provide listed chemical solvents to get intoxicated. The offense is usually a class B misdemeanor. Proper medical or dental uses and items already covered by drug laws are excluded.

Standard fines for rule violations

Breaking this chapter’s rules is an infraction with a $100 fine unless another penalty applies. If you knowingly break the rules or do it three or more times, it is a class B misdemeanor with a $1,000 fine. A conviction under this chapter does not also count as a separate Controlled Substances Act conviction for the same conduct. These penalties apply starting May 6, 2026.

Stricter contraband rules in jails

Beginning May 6, 2026, correctional and mental health facilities can ban weapons, drugs, alcohol, poisons, and certain devices. Drug crimes in facilities are charged under the drug‑control laws. It is a class B misdemeanor to help an offender get contraband without permission.

Tighter rules for drug lawsuits

Beginning May 6, 2026, a person who used illegal drugs may sue only if they told narcotics authorities all known sources more than six months before filing, were drug‑free for six months, and stay drug‑free during the case. These plaintiffs can recover only economic damages, attorney fees, and costs. Third parties cannot pay damages or fund defenses for insured defendants in these cases.

When records get cleared automatically

Beginning May 6, 2026, cases can be sealed automatically after set wait times: 5 years for a class C or infraction, 6 years for a class B, and 7 years for a class A possession under the listed section. The law updates which drug offenses count as “drug possession” for expungement. Some cases are excluded, including too many convictions, pending cases (not traffic), being in prison or on supervised probation/parole on or after Jan 1, 2025, unpaid criminal debts, and certain serious offenses.

Judges can order minor screening

Beginning May 6, 2026, if a person under 18 violates the listed section, a judge may order a screening, an assessment if needed, and an education series or treatment if needed. Families may need to take the child to programs. The law does not set who pays for treatment.

Optometrists gain drug authority with limits

Beginning May 6, 2026, optometrists may prescribe certain eye drugs and some oral antibiotics for eyelid‑related or other approved eye conditions. They may give hydrocodone combination or Schedule III drugs only for eye pain, for up to 72 hours, with no refills. They cannot perform surgery, including laser surgery, or prescribe Schedule II drugs beyond the narrow hydrocodone combination exception.

Patients: new prescription limits and options

Beginning May 6, 2026, a prescription and its refills cannot be filled more than one year after the date written. Patients, including those in long‑term care or with a terminal illness, can get partial fills of Schedule II drugs when allowed by federal law; others may request partial fills if the prescriber or patient asks and rules allow. The division sets how pharmacies record dates and amounts for partial fills. Physical therapists may give certain prescription drugs when authorized, do wound care, apply physical agents, and perform dry needling if trained. They still cannot diagnose disease, do surgery, take x‑rays, or prescribe or dispense drugs.

Same‑day office dispensing rules

Beginning May 6, 2026, a dispensing practitioner may give certain prepackaged drugs at the licensed practice only for patients they examined that same day. The practitioner must tell you, in writing and out loud, that you can fill the prescription at a pharmacy. If you pay cash, the practitioner must disclose the cash price.

Tighter rules for beer retailers

Off‑premise beer retailers may not sell beer in containers larger than two liters or sell beer products meant to be frozen and eaten. They must refuse sales to minors, obviously intoxicated people, known interdicted persons, and known habitual drunkards. Staff may not drink alcohol while on duty. Minors age 16 or 17 may sell beer only if a person age 21 or older is on the premises and supervising. Nonalcoholic beer that is clearly labeled may be displayed together with beer.

New vet delegation rules and conduct

Beginning May 6, 2026, violating the controlled‑substances chapter is unprofessional conduct for veterinarians. Vets may delegate tasks to technologists, certified technicians, and assistants with the required supervision, but not diagnosis, prognosis, surgery, or prescribing. Vets may discuss cannabinoids, industrial hemp products, THC, and medical cannabis with animal owners.

Tighter sales rules for iodine

Beginning May 6, 2026, iodine solutions over 1.5% may be sold only by prescription or to people engaged in livestock husbandry. Retailers must keep the product out of public reach and keep buyer records. Unlawful sale is a class B misdemeanor; unlawful possession without proof can be a class A misdemeanor. Some educational, veterinary, hospital, and business uses are exempt.

How Utah sets drug schedules

Utah uses five schedules (I–V) to group controlled substances starting May 6, 2026. An advisory committee must report by September 30 each year which drugs to add, move, or remove and explain why. The committee must weigh abuse patterns, medical use, dependence risk, science, and other states’ actions. These decisions can either tighten or loosen access depending on the drug.

More tools to stop drug crimes

Beginning May 6, 2026, courts can allow wiretaps for listed drug crimes punishable by more than one year. District courts can issue injunctions to stop ongoing controlled‑substance violations. The law also treats a clandestine drug‑lab offense as a predicate in murder‑related statutes.

Most changes start May 6, 2026

The law takes effect May 6, 2026. Most new rules and protections apply on that date unless another date is listed in the act.

New inspection powers and appeal rights

Investigators at the Department of Commerce are peace officers when enforcing this drug law. Judges may issue administrative inspection warrants based on an affidavit showing a valid public interest; warrants usually run during business hours and must be returned within 10 days. If you are harmed by a department’s final order, you can seek judicial review; for informal cases, venue is in Salt Lake County District Court. These rules apply beginning May 6, 2026.

Unified rules and officer immunity

Beginning May 6, 2026, general criminal rules on responsibility, punishments, and inchoate crimes apply to drug cases unless a section says otherwise. Drug‑control sections from Title 58, including definitions, schedules, exemptions, burdens of proof, and penalties, also apply. Officers enforcing drug laws are protected from civil liability for those actions. The law defines Category I restricted persons, including violent felons, people on felony probation or parole, some juvenile adjudications for 10 years, and those unlawfully in the U.S., subject to listed exceptions.

New rules on drug forfeiture

Beginning May 6, 2026, drug paraphernalia can be seized and forfeited under state property‑seizure procedures. More drug items now count as contraband. Agencies may not forfeit property when that would unlawfully restrict First Amendment rights.

Rules for cannabis research studies

Researchers with an IRB‑approved human study may process, possess, and give cannabinoid products for that study. They may import products if federal law allows or get them from the National Institute on Drug Abuse. Intentional non‑research prescribing or dispensing is a crime: class B misdemeanor first, class A misdemeanor second, and third‑degree felony on the third or later conviction. These rules apply starting May 6, 2026.

School and city rules on youth drugs

Cities may ban selling or giving alcohol, narcotics, tobacco, e‑cigarettes, or nicotine products to people under 21. Cities may also ban some low‑level possession and offer treatment and court supervision instead. Schools can suspend or expel students for possessing, using, selling, or distributing drugs, imitation drugs, or paraphernalia. When a school employee is arrested for listed drug or sexual crimes, police must immediately notify state and local school leaders. These rules take effect May 6, 2026.

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Sponsors & Cosponsors

Sponsor

Gwynn, Matthew H.
Affiliation unavailable

Cosponsors

Michael K. McKell
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 114 • No: 1

Senate vote • 3/3/2026

Senate/ passed 3rd reading

Yes: 28 • No: 0

House vote • 2/25/2026

Senate Comm - Consent Calendar Recommendation

Yes: 5 • No: 0