UtahH.B. 3012026 General SessionHouseWALLET

Drug Recodification

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Bill Overview

Analyzed Economic Effects

75 provisions identified: 33 benefits, 30 costs, 12 mixed.

Health professionals face drug offense discipline

Beginning May 6, 2026, Utah extends covered professional enforcement, including osteopathic, pharmacy, and nursing enforcement, to recodified drug offenses and substantially similar older offenses. Available fines reach $10,000 per violation or $2,000 per day for an ongoing violation, whichever is greater. The licensing division can also issue orders to stop the conduct. A fine or order requires an uncontested citation, agreed settlement, or formal finding of a violation. Covered convictions can also lead to denial, suspension, probation, or revocation of a controlled-substance license.

Cannabidiol users gain drug-test protection

Beginning May 6, 2026, evidence of cannabidiol use or possession can help someone who fails a THC-based drug test. That evidence creates a presumption against an allegation of marijuana or THC use or possession. Evidence of an unauthorized marijuana or THC purchase or possession can overcome the presumption. This is an evidence rule, not a complete ban on such allegations.

Coerced possession convictions gain relief options

Beginning May 6, 2026, people convicted and sentenced for qualifying drug possession can seek postconviction relief for coerced conduct. This covers the current possession offense and the same or substantially similar offenses under older Utah laws. The offense must have occurred under force, fraud, or coercion as defined by Utah law. Other postconviction claim requirements still apply; relief is not automatic.

Drug protections for overdose responders

Beginning May 6, 2026, overdose-response defenses cover possession or use, paraphernalia, and imitation-drug offenses tied to the same events. Someone must reasonably believe an overdose is occurring and report it, help report it, or be the reported patient. The response must include a usable location, cooperation, and staying until responders arrive—or until police arrive at the medical facility. The possession/use defense covers less than 16 ounces of marijuana or another listed controlled drug. Seeking help during a warrant or other lawful search does not qualify for that defense. Separately, an unused syringe in a sealed sterile package cannot support a paraphernalia-possession charge.

Legal protections for ceremonial peyote use

Beginning May 6, 2026, tribal members are protected from listed Utah drug penalties for traditional religious ceremonial peyote use. The protection covers use, possession, and transport for genuine traditional ceremonies connected with a traditional Indian religion. Defendants can also establish a complete defense by showing it is more likely than not that they qualify. They must give written notice describing their claims at least 10 days before trial. Courts can waive notice for good cause when doing so does not unfairly harm the prosecutor.

Older possession cases qualify for expungement

Beginning May 6, 2026, qualifying convictions and dismissed cases under older Utah drug-possession laws enter the automatic expungement process. The older offense must match, or be substantially similar to, the current controlled-substance possession offense. The person must have submitted a request from October 1, 2024, through December 31, 2025. Applicable offense, waiting-period, and eligibility requirements still apply, and the prosecutor must not have objected on time.

Overdose reporting can help at sentencing

Beginning May 6, 2026, courts may consider qualifying overdose reports when sentencing for drug offenses under the reorganized criminal laws. The person or a bystander must reasonably believe an overdose occurred and report it in good faith with a usable location. The person must stay until required responders arrive and cooperate with medical providers, emergency services, and law enforcement. The offense must arise from the same events as the overdose. A lower sentence is not guaranteed.

Drug charge protections for visiting patients

Beginning May 6, 2026, qualifying nonresident patients are protected from specified Utah drug charges for cannabis use or possession. Cannabis must be unprocessed flower or a product in medicinal dosage form, within the legal dosage limit. The 30-day treatment cap is 113 grams of flower or 20 grams of active THC in medicinal dosage forms. Any paraphernalia must be a medical cannabis device.

Legal protections for medical cannabis users

Beginning May 6, 2026, individuals following Utah's cannabis production or medical cannabis laws are protected from specified drug penalties. Covered activity includes cannabis possession, use, production, distribution, and sales. Using or possessing a medical cannabis device is also protected from specified drug offenses. Someone already penalized or convicted under those cannabis laws cannot receive another specified drug penalty for the same covered conduct. The original penalty or conviction remains.

Six-month license loss for convicted drivers

Beginning May 6, 2026, Utah must suspend a driver's license for six months after a qualifying offense committed while driving. The court must find that suspension is likely to reduce repeat offenses and serves public safety. Covered offenses involve controlled substances, precursors, paraphernalia, imitation drugs, or clandestine drug labs. Substantially similar offenses under older Utah laws also count.

Supply and refill limits for patients

Beginning May 6, 2026, Schedule II prescriptions cannot be refilled; each fill is limited to one month. Schedule II prescriptions must be presented within 30 days; up to three for the same drug may be issued together, each covering no more than 30 days. The second and third must show issue and dispensing dates. Schedule II or III opiates for acute conditions are limited to seven days, except for documented complex or chronic conditions; pharmacists need not verify that limit. Schedule III and IV prescriptions must be filled within six months, allow at most five refills, and need renewal after six months; Schedule V refills expire after one year unless renewed.

Drug convictions threaten retail and bar licenses

Beginning May 6, 2026, covered drug convictions, including substantially equivalent older offenses, can support retail nuisance findings or bar permit discipline. Retail nuisance grounds include licensee or staff convictions within the last two years for conduct on the premises. The patron ground requires at least three convictions for on-site conduct and evidence the retail licensee knew or should have known. A bar's dance or concert hall permit and license can be suspended or revoked for licensee or supervisory or managerial staff convictions, or at least three patron convictions. The bar-related conduct must occur on the licensed premises or an adjoining hall the licensee operates.

Drug injuries bring broader damages claims

Beginning May 6, 2026, Utah's drug dealer liability law allows damages claims for injuries caused by someone's illegal drug use. Those cases presume drug use began two years before the claim arose; defendants can rebut this with clear and convincing evidence. A separate death-or-addiction remedy now also covers illegal substances under the reorganized criminal drug laws. Plaintiffs must prove unlawful supply or administration, including supply through a transfer chain, and the required link to death or addiction. Successful claims may recover triple or punitive damages and addiction-treatment or rehabilitation costs, increasing suppliers' potential liability.

Medication container rules and court defenses

Beginning May 6, 2026, changing a label on a controlled-substance container is a class B misdemeanor. Removing the label is also prohibited while any original contents remain. Patients and animal owners also face a class B misdemeanor for keeping prescribed controlled substances outside their delivered container. They have a defense in court by producing a valid prescription or the original container with its label attached.

Prescription controls with emergency access options

Beginning May 6, 2026, only authorized practitioners licensed in Utah, or a state with similar standards, may prescribe controlled substances. Dispensing is limited to Utah-licensed pharmacists or licensed interns. Federally required written prescriptions must include the required signature and identifying details. Designated emergencies allow oral prescriptions, promptly recorded on designated forms and filed by the pharmacy, with exceptions to ordinary signature and information requirements. Schedule I drugs may be prescribed, issued, filled, or dispensed only for research, with the prescriber holding the required research license.

Older possession offenses count for expungement

Beginning May 6, 2026, qualifying offenses under older Utah laws count as drug possession offenses for expungement rules. The offense must be the same as, or substantially similar to, a listed possession offense. All other expungement requirements still apply; this does not guarantee a cleared record.

Personal drug buyers avoid market liability

Beginning May 6, 2026, buying or receiving illegal drugs solely for personal use does not count as illegal-market participation under Utah's drug dealer liability law. This limits that civil liability classification; it does not make the drug activity lawful. For claims based on market activity before May 5, 1997, the limitations clock cannot start before May 5, 1997. The section separately provides a general two-year filing limit and rules that can pause the clock.

Protection against repeat Utah drug prosecution

Beginning May 6, 2026, a federal or other-state conviction or acquittal bars another covered Utah drug prosecution for the same act. The act must also violate the federal or other state's law. The protection applies to the specified Utah controlled-substances provisions.

Protections for past medical cannabis use

Beginning May 6, 2026, protections cover qualifying cannabis use or possession before July 1, 2021, including January 1–March 17, 2021. For possession, the person must have held a medical cannabis card at arrest or citation. For use, the person must have held a patient card, or been a provisionally approved minor supervised by a guardian cardholder. Cannabis must have been unprocessed or in medicinal dosage form, within the legal dosage limit; paraphernalia must have been a medical cannabis device. These protections do not authorize current conduct.

Drug penalty protections for hemp products

Beginning May 6, 2026, possession or distribution of qualifying cannabinoid and expanded cannabinoid products is protected from specified marijuana or THC penalties. The activity must comply with Utah's cannabinoid product law. Transportable industrial hemp concentrate also receives specified protections when it meets the legal hemp and concentration definitions. That concentrate must be handled under the referenced hemp rules or destroyed.

Legal access to fentanyl testing tools

Beginning May 6, 2026, qualifying drug-testing tools, including fentanyl test strips, are excluded from Utah's drug paraphernalia definition. Tools must be used or intended to detect controlled substances or chemicals that can cause physical harm or death. This protects qualifying testing tools from being treated as paraphernalia.

Unscheduled herbs keep drug-law protection

Beginning May 6, 2026, the covered Utah drug laws do not restrict sales or use of unscheduled herbs and supplements. This covers herbs, herbal products, and food supplements not listed as controlled substances in the regulatory chapter. Other laws can still apply, and this protection does not establish product safety.

Emergency methadone access for hospital patients

Beginning May 6, 2026, qualified practitioners at general acute hospitals can order up to a 72-hour methadone supply. The order must relieve acute withdrawal while the practitioner arranges a referral for substance use disorder treatment. Practitioners must have the required federal Drug Enforcement Administration registration. Orders must go to a licensed class A or class B pharmacy on general acute hospital premises and follow federal regulations. This is limited emergency access, not general permission to dispense methadone.

Legal protections for licensed drug research

Beginning May 6, 2026, licensed researchers can handle controlled drugs for medical research covered by their license. Qualifying researchers have a criminal defense for producing, possessing, or administering certain listed drugs, but not prescribing or dispensing them. Participants also have a possession defense when a licensed researcher gives them a listed drug during research. Research authorization does not allow prescribing or dispensing those listed drugs outside the authorized research.

Limited supervised psychedelic treatment for adults

Beginning May 6, 2026, qualifying Utah health systems can create supervised behavioral-health programs using psilocybin or MDMA in FDA Phase 3 testing. Systems must find broad scientific and medical research support, and patients must be at least 18. Eligible systems are privately owned, nonprofit, vertically integrated systems operating at least 15 licensed Utah hospitals, or systems closely affiliated with a listed higher-education institution. Treatment stays under the direct supervision and control of the system and its licensed providers. Systems creating programs must report drugs used, outcomes, side effects, and evaluation information before July 1, 2026. The authorization ends July 1, 2027; the law does not require systems to offer treatment.

Patients get opioid risk talks and antidotes

Beginning May 6, 2026, prescribers must discuss addiction, overdose, dangerous drug combinations, the treatment reason, alternatives, and other risks before an initial opiate prescription. Initial means no prior opiate prescription or administration, or more than one year since the previous one. For non-emancipated minors, the discussion is with a parent or guardian; active cancer treatment, hospice, and addiction-treatment prescriptions are exempt. Prescribers must offer an overdose-reversal drug with an initial prescription of at least 50 morphine milligram equivalents daily. An offer is also required when the same practitioner prescribes an opiate and a benzodiazepine. Direct administration and supplies of three days or less are exempt from the offer; patients need not obtain the antidote.

Safety checks for longer drug prescriptions

Beginning May 6, 2026, prescribers must check Utah’s drug database before prescribing opiates or benzodiazepines for more than 30 consecutive days. If another prescriber has an active high-risk prescription, they must contact every prescriber involved. They must document those contacts and why multiple prescriptions are needed. Contact and documentation may happen after the prescription is issued, but must happen in a timely manner. Patients do not have to take any action.

Cannabis service providers gain state protection

Beginning May 6, 2026, Utah agencies and local governments cannot penalize providers of specified professional cannabis services solely for alleged federal illegality. The protection covers services to medical cannabis pharmacies, the state central patient portal, and cannabis production establishments. It does not block action based on other grounds.

Fewer licensing barriers for device sellers

Beginning May 6, 2026, medical cannabis device sellers can qualify for specified sale protections without a Utah cannabis production or medical cannabis license. This covers sellers located inside or outside Utah. It does not remove requirements under other laws or change buyer eligibility.

Veterinarians get a narrow gabapentin exemption

Beginning May 6, 2026, Utah-licensed veterinarians are exempt from the specified controlled-substance laws when prescribing, administering, or dispensing gabapentin. They must act within their professional scope. The law does not set a price or payment for pet owners.

Drug officers gain limited liability protection

Beginning May 6, 2026, authorized state and federal officers receive liability protection while enforcing the covered controlled-drug laws. The enforcement protection covers laws, municipal ordinances, and regulations relating to controlled substances. Listed Utah drug offenses also do not impose civil or criminal liability on officers acting within their legitimate job duties. That job-duty exemption does not cover conduct outside the legitimate scope of employment.

Limits on policing lawful cannabis activity

Beginning May 6, 2026, Utah officers cannot use state or local resources for arrests, seizures, or investigations based solely on suspected federal violations when they have reason to believe activity follows Utah medical cannabis law. Officers also cannot enforce firearm restrictions solely because of compliant cannabis possession or use. They cannot provide related information or logistical help to federal authorities or prosecutors. Designated drug task forces remain exempt when addressing conduct that violates the specified Utah cannabis laws.

Narrower offenses for imitation drug activity

Beginning May 6, 2026, the imitation-drug manufacturing offense covers making the substance, not distribution or possession with intent to distribute. Those activities remain addressed by a separate offense. Publishing, publicly posting, or distributing ads promoting imitation-drug distribution is a class A misdemeanor only with reasonable knowledge of that purpose. For minors who violate the advertising rule, courts can order screening and any indicated assessment, education, or substance use disorder treatment.

Veterinarians gain protection for animal care

Beginning May 6, 2026, listed drug offenses do not apply to veterinarians handling controlled drugs in good-faith professional practice. Protected activities include prescribing, dispensing, administering, and directing and supervising an assistant or orderly who administers the drug. The conduct must be solely part of professional practice, and the drugs cannot be for human use.

Health facilities gain drug-testing protections

Beginning May 6, 2026, specified facilities are exempt from listed civil or criminal penalties for temporary drug possession during testing. This covers healthcare facilities, substance use harm reduction programs, and drug addiction treatment facilities. They can test controlled or counterfeit substances for strength, effectiveness, or purity. Testing must serve a public health or safety purpose.

Hospital drug orders get limited exemptions

Beginning May 6, 2026, qualifying Schedule II through V drug orders for licensed-hospital inpatients and outpatients receive an exemption. The exemption is from the covered section's requirements, not all drug laws. Prescribers must meet federal registration and Utah licensing requirements, or qualify as exempt medical residents. The treating prescriber must approve the order and quantity; patient records must show the order and amount actually administered. Signed prescriber approval must be recorded within 48 hours after filling or administration. A hospital pharmacist must fill and dispense the order, or staff must administer it directly from the hospital's lawful supply.

Lower prescribing training requirement for dentists

Dentists who prescribe controlled substances must complete at least two hours of qualifying prescribing education. Other covered prescribers must complete at least 3.5 hours. This gives dentists a lower training-hour requirement than other covered prescribers.

Registered researchers gain imitation-drug protections

Beginning May 6, 2026, qualifying registered people are exempt from listed civil or criminal penalties for specified imitation-drug activities. They can manufacture, distribute, or possess an imitation controlled substance for a placebo or investigational new drug. A registered practitioner must use it in the ordinary course of professional practice or research.

Safety rules cover cannabis delivery routes

Beginning May 6, 2026, Utah's agriculture department can set safety rules for additional medical cannabis transport routes. These include shipments between medical cannabis pharmacies and from a pharmacy to a delivery address. The rules must keep cannabis and cannabis products safe for human consumption. The law does not guarantee patient delivery.

Existing fund supports drug rule training

Beginning May 6, 2026, the director can use the Physicians Education and Enforcement Fund for training on Utah's controlled-substance laws. Training can cover the recodified drug offenses and related licensing rules. The board must agree to each distribution. The law specifies no funding amount.

Less sentencing relief during police searches

Beginning May 6, 2026, requesting overdose medical help during execution of a search warrant, arrest warrant, or another lawful search does not count as good-faith reporting for the sentencing rule. A person cannot use that request to qualify for the overdose-reporting sentencing factor.

Fines for patients who smoke cannabis

Beginning May 6, 2026, medical cannabis cards do not authorize smoking or burning cannabis, including using a device for that purpose. A first offense is an infraction with a fine of up to $100. Second or later offenses are subject to charges under the specified drug laws. Vaporizing or heating medical cannabis is not defined as smoking.

Practitioners face dose and identity limits

Beginning May 6, 2026, practitioners cannot prescribe or administer more controlled drugs than medically recognized as necessary for the patient's condition. They also cannot prescribe, administer, or dispense controlled drugs to someone they know is using false personal information to obtain them. This includes a false name or address.

Direct-access clearance has a time limit

Beginning May 6, 2026, direct-access-qualified status requires an eligible determination from Utah's Office of Background Processing during the applicable license and renewal period. No more than 180 days can have passed since the person's association with a department certification, contract, or licensee expired. This affects people seeking access linked to Department of Health and Human Services programs.

Drug violations bring more professional discipline

Beginning May 6, 2026, violations of Utah's reorganized controlled-substance criminal laws count as professional misconduct for pharmacy professionals and veterinarians. Pharmacy misconduct also includes violations of rules adopted under those laws. Pharmacy inspections can lead to citations or fines when the licensing division finds discipline appropriate. Pharmacy board members can also be removed for these drug-law violations.

Broader drug database reviews of professionals

Beginning May 6, 2026, Utah's controlled substance database coverage includes specified recodified drug convictions and substantially similar older Utah offenses. A division-authorized representative of the Utah Professionals Health Program can review information about an individual whose conduct is under review. The review can concern covered drug offenses, potential violations, or other relevant professional licensing violations. Access is limited to that individual's information.

Criminal penalties for prescription drug fraud

Beginning May 6, 2026, knowing and intentional controlled-drug fraud carries criminal penalties. Covered acts include false license numbers, impersonating authorized people, and obtaining drugs through deception or hiding another source. They also include making, using, or altering forged prescriptions and knowingly prescribing or dispensing to someone using those deceptive methods. These acts bring class A misdemeanors for the first two convictions and a third-degree felony thereafter. Possessing a forged or altered prescription instead starts at class B, rises to class A, then becomes a third-degree felony. For that possession offense, a qualifying prior production, distribution, possession-with-intent, or enterprise conviction raises the penalty one degree.

Drug cases require proof of exceptions

Beginning May 6, 2026, people claiming an exception in covered drug-law proceedings must prove it. Without proof of a required license, registration, order form, or prescription, the law presumes the person lacks that authorization. The person must rebut that presumption. General criminal-code rules apply to covered drug prosecutions unless specifically excluded or inconsistent with the drug laws. Communications to a licensed practitioner seeking drugs or their administration unlawfully are not legally privileged; this exception does not cover other communications.

Drug distributors face escalating criminal penalties

Beginning May 6, 2026, knowing and intentional unauthorized distribution, agreements to distribute, and possession with intent to distribute are offenses. Schedule I or II drugs other than marijuana, drug analogs, and specified GHB generally bring second-degree felonies. Schedule III or IV drugs, marijuana, and certain listed drugs generally bring third-degree felonies; Schedule V drugs bring class A misdemeanors. Second or later convictions raise those levels to first-degree felony, second-degree felony, and third-degree felony, respectively. Weapon or firearm findings proven beyond a reasonable doubt can require a prison term for qualifying first- or second-degree felonies; courts retain suspension authority. Covered repeat offenders with a prior illegal-reentry conviction face 360 jail days without suspension or early release. Separate fentanyl-trafficking rules apply, and courts can impose separate sentences for other drug offenses.

Drug enterprise leaders face long sentences

Beginning May 6, 2026, knowingly and intentionally leading a qualifying continuing drug enterprise is a first-degree felony. It requires at least two qualifying felonies on separate occasions, involvement with at least five people, and an organizer, supervisor, or manager role. The prison term has a seven-year minimum and can extend to life, with no suspended sentence or probation. The minimum becomes 15 years when the leader knew or should have known a subordinate was under 18. That 15-year minimum does not apply when the offender was under 18. Separate fentanyl-trafficking rules and statutory defenses remain applicable, and separate sentences for other drug offenses are allowed.

Drug licensees face fines and felonies

Beginning May 6, 2026, specified knowing and intentional drug-rule violations carry criminal penalties. Child-consent, excessive-dosage, and specified false-information violations rise from class B misdemeanor to class A misdemeanor, then third-degree felony. Specified licensee conduct and record violations are third-degree felonies; substantially similar other-state convictions can count toward repeat-offense increases. The licensing division can also impose up to $5,000 per covered violation involving distribution, required symbols, records, inspection access, or false information. Collected fines support the division through a dedicated General Fund credit, and the director can seek collection through an agency or court.

Drug possession carries tiered criminal penalties

Beginning May 6, 2026, knowing and intentional drug possession or use without legal authorization carries criminal penalties. Valid prescriptions, drugs obtained directly from a practitioner acting professionally, and other legal authorization remain exceptions. Penalties range from a class B misdemeanor to a second-degree felony; at least 100 pounds of marijuana is a second-degree felony. Certain prior drug convictions or an offense in confinement raise the penalty one degree, capped at a second-degree felony. For the specified repeat Schedule I or II offense, a third qualifying conviction can be a third-degree felony. Each prior violation must have occurred within seven years; qualifying pleas, including pleas held in abeyance, count.

Evidence and default penalties in drug cases

Beginning May 6, 2026, certain drug-handling evidence supports a finding that a defendant knew the substance's character. This covers producing, manufacturing, possessing, distributing, or dispensing a controlled drug in prosecutions under the covered Utah drug laws. The evidence is sufficient on its face to support knowledge, rather than making knowledge automatic in every case. A controlled-substances chapter violation is a class B misdemeanor when that chapter lists no other penalty.

Higher penalties for protected-place drug crimes

Beginning May 6, 2026, specified drug crimes generally rise one penalty degree at or within 100 feet of listed protected places. These include schools, child-care sites, parks, recreation venues, houses of worship, and libraries, with operating-hour limits where applicable. The increase also covers crimes in a minor’s presence or facilitating delivery to inmates or correctional facilities. Qualifying first-degree felonies that remain first-degree without the increase require at least five years in prison, without probation or suspension. Covered prison-delivery crimes require an extra consecutive year; courts can add up to five more consecutive years, including for knowingly helping as specified by law. Qualifying imitation-drug manufacturing also carries enhanced penalties when the required facts under Section 76-18-204 are proven.

Jail terms limit transfers for deportation

Beginning May 6, 2026, people serving the covered mandatory drug-offense jail sentence generally cannot transfer early to federal immigration authorities for deportation. They must serve the sentence before release for that purpose. Transfer is allowed during the final 14 days.

Large penalties for drug-chemical record violations

Beginning May 6, 2026, regulated distributors and purchasers of drug-making chemicals must follow the covered reporting and recordkeeping rules. Violations carry civil penalties of up to $25,000 per offense. These penalties apply in addition to any criminal penalties.

Mandatory jail for some repeat offenders

Beginning May 6, 2026, the law requires 360 jail days for a defined group of repeat drug offenders. They must also have a prior federal conviction for reentering after removal. The rule applies when a court suspends imposition of a prison sentence for the covered production felony or imposes a misdemeanor sentence. The drug conviction must be a second or later covered production, distribution, possession-with-intent, or enterprise conviction, including substantially equivalent out-of-jurisdiction convictions. No part of the jail term can be suspended, and early release is barred.

Older convictions can raise drug penalties

Beginning May 6, 2026, older Utah convictions can count toward higher penalties for repeat pseudoephedrine-sale and fentanyl-trafficking offenses. The older offense must be the same as, or substantially similar to, the current offense.

Penalties for imitation and counterfeit drugs

Beginning May 6, 2026, distributing imitation controlled drugs or possessing them to distribute is a class A misdemeanor. Additional penalties apply when the court or jury finds the required aggravating elements. Knowingly and intentionally making, distributing, or possessing devices designed to copy another person's drug markings is a third-degree felony. The device offense covers markings on drugs, containers, or labels that make a drug counterfeit.

Penalties for knowingly allowing drug activity

Beginning May 6, 2026, knowingly and intentionally allowing unlawful drug activity at a place you control is an offense. It covers letting someone occupy the place while unlawfully making, possessing, using, or distributing controlled drugs. A first conviction is a class B misdemeanor, a second a class A misdemeanor, and a third or later a third-degree felony. A qualifying prior production, distribution, possession-with-intent, or enterprise conviction raises the penalty by one degree.

Penalties for making drugs without authorization

Beginning May 6, 2026, knowingly and intentionally making or dispensing controlled or counterfeit drugs without authorization is an offense. Possessing those drugs with intent to make or dispense them is also covered. Penalties depend on the drug, and a second or later conviction raises the offense level. Separate fentanyl-trafficking rules apply when the conduct meets that offense. Additional enhancements apply when the court or jury finds the required aggravating elements.

Prison penalties for illegal drug labs

Beginning May 6, 2026, specified illegal drug-lab offenses are second-degree felonies carrying 3 to 15 years in prison. Certain lab possession, production, processing, conspiracy, and assistance offenses become first-degree felonies when a listed aggravating factor is proven. Factors include firearms, booby traps, specified hazardous-material conduct or risks, and production of listed drugs. Operating within 500 feet of a residence, business, church, or school also qualifies, as does intent to produce cocaine base or methamphetamine base. With two or more factors, courts cannot grant probation, suspend the sentence, or enter judgment for a lower offense category.

Researchers face fines for drug violations

Beginning May 6, 2026, licensees who break the medical-research drug restrictions face administrative penalties up to $5,000. Knowing and intentional violations bring a class B misdemeanor first, a class A misdemeanor second, and a third-degree felony thereafter. Substantially similar convictions under older Utah laws can count toward these higher penalties. Collected administrative penalties support the licensing division through a dedicated General Fund credit.

Temporary controls for drug-making chemicals

Beginning May 6, 2026, the director can temporarily list a chemical as a controlled drug precursor. A written finding must state that emergency listing is needed to protect public health, safety, or welfare. If lawmakers adopt the chemical into the chapter, the temporary listing lasts until that amendment takes effect. Otherwise, it ends at the close of the next regular legislative session.

Utah strengthens statewide drug enforcement tools

Beginning May 6, 2026, local governments cannot adopt drug ordinances weaker than the covered state drug laws. Commerce investigators have peace-officer status only when enforcing those laws, and courts can order violations to stop. Judges can authorize administrative inspections through warrants identifying the inspection area and purpose, supported by sworn facts showing probable cause. Statutory rules govern warrant execution, returns, and inventories. Enforcement agencies must cooperate with federal and other state agencies and may share information, coordinate training and statistics, and run eradication programs.

Drug licensees face clear operating duties

Beginning May 6, 2026, controlled-substance licenses use a two-year renewal cycle set by rule. The licensing division can shorten or lengthen a renewal period by up to one year to stagger renewals. Licensees can handle controlled drugs only within their licensed authority and must follow the regulatory and criminal drug laws. Licensed makers, distributors, and dispensers cannot supply unauthorized people, alter required symbols, or falsify required records. They must make, keep, and provide required records and information, and allow authorized inspections.

Children's controlled drugs need parental consent

Beginning May 6, 2026, practitioners must obtain Utah's required consent before prescribing, administering, or dispensing a controlled drug to a child. A parent, guardian, or person acting as a parent provides that consent. This gives families a role in care and adds a requirement before treatment. Emergencies are exempt.

Court-ordered drug services for minors

Beginning May 6, 2026, courts can order drug screening for minors under 18 found to have violated Section 76-18-207 or 76-18-208. A court can order an assessment if the screening supports it. Based on that assessment, the court can require education or substance use disorder treatment. These orders can connect minors with care, but also require their participation. The provision does not say who pays.

Courts can order help for minors

Beginning May 6, 2026, courts can order screening for minors under 18 found responsible for specified driving or automobile-homicide offenses. The driving offense involves criminally negligent driving with a measurable amount of a controlled substance. Courts can order an assessment when screening supports one, followed by education or substance use disorder treatment indicated by the assessment. These services provide support but can become court-ordered obligations. The law does not specify who pays.

Courts can order youth drug treatment

Beginning May 6, 2026, courts can order screening for minors found to have committed the covered drug offenses. These include specified prescription-fraud, counterfeit-device, paraphernalia, imitation-drug, distribution, and possession-with-intent offenses. Courts can order an assessment when screening indicates one is appropriate. Education or substance use disorder treatment can follow when the assessment indicates it. These orders provide services but also require participation; the provisions do not state who pays.

Electronic drug prescriptions and pharmacy transfers

The recodified sections take effect May 6, 2026, retaining an electronic controlled-drug prescription requirement dated January 1, 2022. Exceptions cover assisted living, long-term care, correctional facilities, veterinarians, Veterans Affairs pharmacies, emergencies, and technical failures. The licensing division can add exemptions and extensions by rule. A requirement dated July 1, 2024, requires pharmacy software to support electronic transfers of unfilled controlled-drug prescriptions. Transfers require a patient or practitioner request and approval from a pharmacist at the original pharmacy.

License citations carry deadlines and collections

A person receiving a covered licensing citation has 20 calendar days after service to request a hearing. The division can extend the deadline for cause; without a timely request, the citation becomes final. Failure to follow a final citation can lead to license denial, nonrenewal, suspension, revocation, or probation. Unpaid penalties can go to a collection agency or district court. In a division collection lawsuit, the court must award reasonable legal fees and costs to the winning side.

Chemical defenses need notice and proof

Beginning May 6, 2026, defendants using the specified red phosphorus or ephedrine-possession defenses must give written notice describing the defense. Notice is due as soon as practicable and at least 10 days before trial. Defendants must show the defense is more likely true than not; an established defense fully defeats the covered charge. Courts can waive the notice deadline for good cause when the prosecutor is not unfairly harmed.

Court tools target unlawful drug locations

Beginning May 6, 2026, no person may maintain a place used for unlawful activity involving Schedule I through V drugs. District courts can order these nuisances stopped and issue orders against recodified controlled-substance offenses. Drug paraphernalia is subject to seizure and forfeiture, with existing procedures and property protections. Specified licensing, enforcement, penalty, and exemption rules also apply to the reorganized criminal drug chapter. These include Sections 58-37-309 and 58-37-402; the supplied descriptions do not explain their specific effects.

Prescriber training tied to service payments

For licensing periods starting after January 1, 2024, covered prescribers must complete at least 3.5 hours of substance-use screening training. The training covers screening, brief intervention, and referral to treatment, and is required for license renewal. It applies to prescribers authorized for the specified Schedule II and III drugs, but excludes veterinarians. The class counts toward controlled-drug continuing education for that licensing period and is required only once during Utah licensure. Prescribers must provide a completion record to receive reimbursement for these services.

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

Senate vote • 2/25/2026

Senate Comm - Consent Calendar Recommendation

Yes: 5 • No: 0