76-18-203. Exemptions and affirmative defenses applicable to certain drug crimes.
(1) Terms defined in Sections,,, andapply to this section. 58-37-101 76-1-101.5 76-18-101 76-18-201
(2) Civil or criminal liability may not be imposed under an offense listed in Subsectionon any Indian who uses, possesses, or transports peyote for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion. (2)(b) The offenses referred to in Subsectionare: (2)(a) unlawfully possessing or using a controlled substance or a controlled substance analog under Section; 76-18-207 unlawfully producing, manufacturing, or dispensing a controlled substance or counterfeit substance under Section; 76-18-208 unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance under Section; 76-18-209 unlawfully possessing a controlled substance or counterfeit substance with intent to distribute under Section; 76-18-210 unlawfully engaging in a continuing criminal enterprise involving drugs under Section; 76-18-211 unlawfully allowing possession, use, or distribution of a controlled substance on the premises under Section; 76-18-212 unlawful possession of an altered or forged prescription or order for a controlled substance under Section; 76-18-213 unlawful use of a license number in the course of manufacturing or distributing a controlled substance under Section; 76-18-214 unlawful misrepresentation as an authorized person to obtain a controlled substance under Section; 76-18-215 unlawful conduct to obtain a controlled substance under Section; 76-18-216 unlawfully prescribing or dispensing a controlled substance to a person known to be using unlawful means under Section; 76-18-217 unlawfully making, forging, altering, or uttering a prescription or a written order under Section; and 76-18-218 unlawful materials to create a counterfeit controlled substance under Section. 76-18-219 In a prosecution alleging a violation of an offense listed in Subsectionregarding peyote as defined in Section, it is an affirmative defense that the peyote was used, possessed, or transported by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion. (2)(b) 58-37-108 A defendant shall provide written notice of intent to claim an affirmative defense under this Subsectionas soon as practicable, but not later than 10 days before trial. (2) The notice shall include the specific claims of the affirmative defense. The court may waive the notice requirement in the interest of justice for good cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice. A defendant shall establish the affirmative defense under this Subsectionby a preponderance of the evidence. (2) If the defense is established, it is a complete defense to the charges.
(3) An offense listed in Subsectiondoes not prohibit a veterinarian, in good faith and in the course of the veterinarian's professional practice only and not for humans, from prescribing, dispensing, or administering controlled substances, or from causing the substances to be administered by an assistant or orderly under the veterinarian's direction and supervision. (2)(b)
(4) Civil or criminal liability may not be imposed under an offense listed in Subsectionagainst: (2)(b) a person registered under this chapter or Title 58, Chapter 37, Controlled Substances, who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo or an investigational new drug by a registered practitioner in the ordinary course of professional practice or research; a law enforcement officer acting in the course and legitimate scope of the law enforcement officer's employment; or a healthcare facility, substance use harm reduction services program, or drug addiction treatment facility that temporarily possesses a controlled substance or counterfeit substance to conduct a test or analysis on the controlled substance or counterfeit substance to identify or analyze the strength, effectiveness, or purity of the substance for a public health or safety reason.
(5) It is an affirmative defense that a person produced, possessed, or administered a controlled substance listed in Sectionif the person was: 58-37-109 engaged in medical research; and a holder of a valid license to possess controlled substances under Sectionor. 58-37-105 58-37-113 It is not a defense under Subsectionthat the person prescribed or dispensed a controlled substance listed in Section. (5)(a) 58-37-109
(6) It is an affirmative defense that a person possessed, in the person's body, a controlled substance listed in Sectionif: 58-37-109 the person was the subject of medical research conducted by a holder of a valid license to possess controlled substances under Sectionor; and 58-37-105 58-37-113 the substance was administered to the person by the medical researcher.