76-8-311.8. Prohibited substance in correctional or mental health facility.
(1) As used in this section: "Correctional facility" means the same as that term is defined in Section. 76-8-311.3 "Medicine" means the same as that term is defined in Section. 76-8-311.3 "Mental health facility" means the same as that term is defined in Section. 76-8-311.3 "Offender" means the same as that term is defined in Section. 76-8-311.3 "Prohibited substance" means: spirituous or fermented liquor; medicine, whether or not lawfully prescribed for an offender or a detainee; or poison in any quantity. Terms defined in Sectionsandapply to this section. 76-1-101.5 76-8-101
(2) An actor commits prohibited substance in a correctional or mental health facility if the actor: without the permission of the authority operating the correctional facility or secure area of a mental health facility: knowingly transports a prohibited substance to or within a correctional facility or into a secure area of a mental health facility; or fails to declare or knowingly possesses a prohibited substance at a correctional facility or in a secure area of a mental health facility; knowingly violates correctional or mental health facility policy or rule by providing or selling a prohibited substance to an offender at a correctional facility or a detainee within a secure area of a mental health facility; or is a detainee in a mental health facility or an offender; and in violation of correctional or mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health facility a prohibited substance other than medicine provided by the facility's health care providers in compliance with facility policy.
(3) Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b), or (2)(c) is a third degree felony. Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class A misdemeanor.
(4) The defenses provided in Sectionapply to this section. 76-8-311.3