76-18-219. Unlawful materials to create a counterfeit controlled substance.
(1) Terms defined in Sections,,, andapply to this section. 58-37-101 76-1-101.5 76-18-101 76-18-201
(2) An actor commits unlawful materials to create a counterfeit controlled substance if the actor knowingly and intentionally makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce: the trademark, trade name, or other identifying mark, imprint, or device of another upon any drug, container, or labeling, so as to render a drug a counterfeit controlled substance; or any likeness of a trademark, trade name, or other identifying mark, imprint, or device of another upon any drug, container, or labeling, so as to render a drug a counterfeit controlled substance.
(3) A violation of Subsectionis a third degree felony. (2)
(4) An actor may be charged and sentenced for a violation of this section, notwithstanding a charge and sentence for a violation of any other section of this part or Title, Controlled Substances. 58, Chapter 37 A penalty imposed for a violation of this section is in addition to, and not in lieu of, a civil or administrative penalty or sanction authorized by law. Defenses and exemptions in Sectionapply to this section. 76-18-203
(5) If a minor who is under 18 years old is found by a court to have violated this section, the court may order the minor to complete: a screening as defined in Section; 41-6a-501 an assessment as defined in Sectionif the screening described in Subsectionindicates that an assessment is appropriate; and 41-6a-501 (5)(a) an educational series as defined in Sectionor substance use disorder treatment as indicated by an assessment described in Subsection. 41-6a-501 (5)(b)