All Roll Calls
Yes: 126 • No: 0
UtahH.B. 1992025 General SessionHouseWALLET
Substance Use Treatment and Enforcement Amendments
Sponsored By: Clancy, Tyler
Signed by Governor
CountiesSubstance AbuseHealth and Human ServicesHealth CareHealth Care FacilitiesMental HealthHealth Care ProfessionalsCrimesJudicial OperationsLaw Enforcement and Criminal JusticeAdministrative RulemakingAdministrative Rulemaking and ProceduresPolitical Subdivisions (Local Issues)Public SafetyDepartment of Public SafetyDepartment of Health and Human ServicesPharmaciesLocal Mental Health AuthoritiesLocal Substance Abuse AuthoritiesSubstance Abuse and Mental HealthSubstance Use Disorder TreatmentPharmacistsPharmaceuticals
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
12 provisions identified: 5 benefits, 3 costs, 4 mixed.
Felony penalties for drug-related premises
Beginning May 7, 2025, knowingly using or maintaining premises for unlawful drug manufacturing, distribution, storage, or use is a second-degree felony. The felony also covers operating a supervised drug consumption site or intentionally providing premises for one. Opioid treatment programs and sites supporting medication use under a medication-assisted treatment plan are excluded from that site's definition. Owners, tenants, and others in control also face criminal exposure for knowingly and intentionally allowing occupants' unlawful drug activity. Control or occupancy alone does not create liability.
More applicants can seek nuisance evictions
Beginning May 7, 2025, any person or business doing business in a Utah county can seek eviction for a covered nuisance there. Applicants must have reason to believe it exists. Courts must order eviction when applicants prove it is more likely than not that they face irreparable harm, their threatened harm outweighs eviction harm, and the order is not against the public interest. Applicants must also show a strong chance of winning or serious issues needing further review. Courts must notify the applicant, tenant, and landlord, owner, or agent of the nuisance finding and eviction order. Courts can waive security when the nuisance is proved more likely than not; any required security does not cap wrongful-eviction damages, costs, or reasonable attorney fees.
General nuisance misdemeanor is removed
Beginning May 7, 2025, the law removes the class B misdemeanor for creating, helping create, or contributing to a nuisance. The repeal also covers supporting, continuing, or keeping a nuisance. It does not remove other nuisance rules or penalties for violating court orders.
Broader nuisance claims affect neighboring residents
Beginning May 7, 2025, nuisance grounds include unlawful drug acquisition or use, unlawful gunfire, and specified human trafficking at premises. They also include fumes from unlawful drug activity entering a home from another home or business. Knowing joint participation, or evidence of ability and intent to control drugs, can establish possession or use. Fume claims can target the person causing them and renters who allow or fail to control them. A landlord faces a fume claim only after a renter's written notice and knowingly allowing the nuisance to continue.
Nuisance cases bring remedies and costs
Beginning May 7, 2025, courts can award damages, require repairs or security measures, order eviction, and enforce their nuisance rulings. Evidence allowed by law, including community reputation evidence, can support nuisance and nuisance-eviction cases. Winning parties can receive unreimbursed investigation and discovery costs and reasonable attorney fees in nuisance-abatement actions, not just eviction cases. Landlords, owners, or agents can be charged only after actual notice and willful failure to act reasonably within a reasonable time. Awards are not guaranteed.
Mobile units can deliver opioid treatment
Beginning May 7, 2025, licensed opioid treatment programs can operate mobile units, including for people without a fixed address. Units operate under the program's registration, license, and certification. Medicine requires a valid prescription and required pharmacist direction, and cannot remain in a unit while it is not operating. Programs must notify state regulators at least one business day before starting or stopping a unit.
More treatment referral options after overdoses
Beginning May 7, 2025, first responders are encouraged, but not required, to offer treatment referrals after overdoses when appropriate. Interested people can get a live provider connection, a call to 988, or a local service list. Local substance use and mental health authorities must include inclusive provider lists in county-approved yearly plans, usable by first responders. The law protects responders and employers from liability for referral-related actions or omissions under this section. Employers must report yearly how many people accepted referrals.
Syringe programs connect people with treatment
Beginning May 7, 2025, syringe exchange programs can help people who inject drugs and their contacts find treatment and recovery services. Programs must give new-syringe recipients spoken and written information about getting overdose-reversal medicine. Programs must also report treatment resources shared and how many participants receive treatment within 12 months after an exchange. These changes do not guarantee treatment or provide a payment.
More protections in nuisance court cases
Beginning May 7, 2025, prior convictions for crimes listed as nuisance grounds cannot be used in these nuisance actions. Defendants can defeat the specified drug nuisance claim by proving they are legally entitled to possess or use the drug. Courts can protect applicants who show good cause, including by keeping identifying information private. Courts can also protect non-police witnesses when proof of the nuisance relies partly or fully on their sworn written statements.
Daily penalties for breaking nuisance orders
Beginning May 7, 2025, knowingly breaking a court order to stop a nuisance carries a $50 daily civil penalty. The total is $50 times the number of days the nuisance continues in violation. This is added to the class B misdemeanor for violating the order.
Syringe exchanges barred at housing sites
Beginning May 7, 2025, syringe exchange programs cannot conduct exchanges at homeless shelters or in permanent supportive housing. This limits on-site access for people living there. The provision does not require replacement services elsewhere.
Factory protections limit neighbors' nuisance claims
Beginning May 7, 2025, factories operating more than three years gain protection from nuisance claims based solely on nearby land-use changes. They must not have been nuisances when they opened and cannot increase the condition being challenged. Protection does not cover negligent or improper operation. The law also voids local nuisance ordinances targeting manufacturing operations covered by these protections, except for negligent or improper operation. Nearby residents have fewer nuisance remedies against protected facilities.
Sponsors & Cosponsors
Sponsor
Clancy, Tyler
Affiliation unavailable
Cosponsors
Brady Brammer
Republican • Senate
Gwynn, M.
Affiliation unavailable
Lee, T.
Affiliation unavailable
Karianne Lisonbee
Republican • House
Michael J. Petersen
Republican • House
Candice B. Pierucci
Republican • House
Roll Call Votes
Senate vote • 3/6/2025
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 24 • No: 0
Senate vote • 2/25/2025
Senate Comm - Favorable Recommendation
Yes: 4 • No: 0
House vote • 2/14/2025
House/ substituted
Yes: 0 • No: 0
House vote • 2/14/2025
House/ floor amendment
Yes: 0 • No: 0
House vote • 2/14/2025
House/ passed 3rd reading
Yes: 70 • No: 0
House vote • 2/5/2025
House Comm - Substitute Recommendation
Yes: 14 • No: 0
House vote • 2/5/2025
House Comm - Favorable Recommendation
Yes: 14 • No: 0
House vote • Unknown
House/ floor amendment
Yes: 0 • No: 0
House vote • Unknown
House/ substituted
Yes: 0 • No: 0
Actions Timeline
Governor Signed
3/24/2025House/ to Governor
3/17/2025HouseHouse/ received enrolled bill from Printing
3/17/2025HouseHouse/ enrolled bill to Printing
3/13/2025HouseEnrolled Bill Returned to House or Senate
3/13/2025Draft of Enrolled Bill Prepared
3/7/2025Bill Received from House for Enrolling
3/7/2025House/ signed by Speaker/ sent for enrolling
3/7/2025HouseHouse/ received from Senate
3/7/2025HouseSenate/ to House
3/6/2025SenateSenate/ signed by President/ returned to House
3/6/2025SenateSenate/ passed 2nd & 3rd readings/ suspension
3/6/2025SenateSenate/ 2nd & 3rd readings/ suspension
3/6/2025SenateSenate/ Rules to 2nd Reading Calendar
3/6/2025SenateSenate/ 2nd Reading Calendar to Rules
3/5/2025SenateSenate/ placed on 2nd Reading Calendar
2/25/2025SenateSenate/ committee report favorable
2/25/2025SenateSenate Comm - Favorable Recommendation
2/25/2025SenateSenate/ to standing committee
2/21/2025SenateSenate/ 1st reading (Introduced)
2/18/2025SenateSenate/ received from House
2/14/2025SenateHouse/ to Senate
2/14/2025HouseHouse/ passed 3rd reading
2/14/2025HouseHouse/ floor amendment
2/14/2025HouseHouse/ substituted
2/14/2025House
Bill Text
Enrolled
3/13/2025
Amended 2/14/2025 11:02:591
2/14/2025
Substitute #2
2/6/2025
Substitute #1
2/3/2025
Introduced
1/14/2025