Title 76, Title 76: Criminal Offenses

76-18-204. Enhanced penalties and sentencing for certain drug offenses. (1) As used in this section, "correctional facility" means the same as that term is defined in Section. 76-8-311.3 Terms defined in Sections,,, andapply to this section. 58-37-101 76-1-101.5 76-18-101 76-18-2…

76-18-205. Unlawful alteration or removal of a controlled substance label. (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 alteration or removal of a controlled substance label if: the actor: alters…

76-18-206. Unlawful failure to use original controlled substance container. (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 failure to use original controlled substance container if the actor: is an…

76-18-207. Unlawfully possessing or using a controlled substance or controlled substance analog. (1) As used in this section: "Correctional facility" means the same as that term is defined in Section. 64-13-1 "Good faith" does not include seeking medical assistance under this sec…

76-18-208. Unlawfully producing, manufacturing, or dispensing a controlled substance or counterfeit substance. (1) Terms defined in Sections,,, andapply to this section. 58-37-101 76-1-101.5 76-18-101 76-18-201 (2) Except as authorized by this part or Title 58, Chapter 37, Contro…

76-18-209. Unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance. (1) As used in this section: "Dangerous weapon" means the same as that term is defined in Section. 76-11-101 "Firearm" means the same as that term is defined in Section. …

76-18-210. Unlawfully possessing a controlled substance or counterfeit substance with intent to distribute. (1) As used in this section: "Dangerous weapon" means the same as that term is defined in Section. 76-11-101 "Firearm" means the same as that term is defined in Section. 76…

76-18-211. Unlawfully engaging in a continuing criminal enterprise involving drugs. (1) Terms defined in Sections,,, andapply to this section. 58-37-101 76-1-101.5 76-18-101 76-18-201 (2) Except as authorized under this chapter or Title 58, Chapter 37, Controlled Substances, and …

76-18-212. Unlawfully allowing possession, use, or distribution of a controlled substance on the premises. (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 unlawfully allowing possession, use, or distribution…

76-18-213. Unlawful possession of an altered or forged prescription or order for a 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 possession of an altered or forged prescripti…

76-18-214. Unlawful use of a license number in the course of manufacturing or distributing a 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 use of a license number in the cour…

76-18-215. Unlawful misrepresentation as an authorized person to obtain a 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 misrepresentation as an authorized person to obtain a …

76-18-216. Unlawful conduct to obtain a 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 conduct to obtain a controlled substance if the actor knowingly and intentionally acquir…

76-18-217. Unlawfully prescribing or dispensing a controlled substance to a person known to be using unlawful means. (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 unlawfully prescribing or dispensing a con…

76-18-218. Unlawfully making, forging, altering, or uttering a prescription or a written order. (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 unlawfully making, forging, altering, or uttering a prescriptio…

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 knowin…

76-18-220. Trafficking of fentanyl or a fentanyl-related substance. (1) As used in this section: "Fentanyl-related substance" means a derivative or analog of fentanyl including: carfentanil; sufentanil; alfentanil; or a fentanyl-related substance that is a controlled substance as…

76-18-221. Unlawful failure to report a practitioner's diversion of drugs. (1) As used in this section: "Diversion" means a practitioner's transfer of a significant amount of drugs to another individual for an unlawful purpose. "Drug" means a Schedule II or Schedule III controlle…

76-18-222. Possession, sale, or use of an adulterant or synthetic urine. (1) As used in this section, "adulterant" means a substance that may be added to human urine or another human bodily fluid to change, dilute, or interfere with the composition, chemical properties, physical …

76-18-301. Definitions. As used in this part: (1) "Drug paraphernalia" means any equipment, product, or material used, or intended for use, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage,…

76-18-302. Considerations in determining whether an object is drug paraphernalia. In determining whether an object is drug paraphernalia, the trier of fact, in addition to all other logically relevant factors, should consider: (1) statements by an owner or by anyone in control of…

76-18-303. Seizure -- Forfeiture -- Property rights -- Bystander defense. (1) Drug paraphernalia is subject to seizure and forfeiture in accordance with the procedures and substantive protections of:; and Title 77, Chapter 11a, Seizure of Property and Contraband. Title 77, Chapte…

76-18-304. Unlawful use of drug paraphernalia. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-18-101 76-18-301 (2) An actor commits unlawful use of drug paraphernalia if the actor uses, or possesses with intent to use, drug paraphernalia to plant, propaga…

76-18-305. Unlawful delivery of drug paraphernalia. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-18-101 76-18-301 (2) An actor commits unlawful delivery of drug paraphernalia if the actor delivers, possesses with intent to deliver, or manufactures with …

76-18-306. Unlawful advertisement of drug paraphernalia. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-18-101 76-18-301 (2) An actor commits unlawful advertisement of drug paraphernalia if the actor: places in this state in a newspaper, magazine, handbil…

76-18-401. Definitions. As used in this part: (1) "Controlled substance" has the same meaning as provided in Section. 58-37-101 (2) "Distribute" means the actual, constructive, or attempted sale, transfer, delivery, or dispensing to another of an imitation controlled substance. (…

76-18-402. Exemption of certain persons -- Bystander defense. (1) No civil or criminal liability shall be imposed by virtue of this part on: any person registered under Title 58, Chapter 37, Controlled Substances, who manufactures, distributes, or possesses an imitation controlle…

76-18-403. Unlawful use of an imitation controlled substance. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-18-101 76-18-401 (2) An actor commits unlawful use of an imitation controlled substance if the actor uses, or possesses with the intent to use, an…

76-18-404. Unlawful manufacture of an imitation controlled substance. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-18-101 76-18-401 (2) An actor commits unlawful manufacture of an imitation controlled substance if the actor manufactures an imitation con…

76-18-405. Unlawful distribution or possession with intent to distribute an imitation controlled substance. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-18-101 76-18-401 (2) An actor commits unlawful distribution or possession with intent to distribute …

76-18-406. Unlawful advertisement of an imitation controlled substance. (1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-18-101 76-18-401 (2) An actor commits unlawful advertisement of an imitation controlled substance if the actor: places in a newspaper, m…

76-18-501. Definitions. (1) As used in this part: "Booby trap" means a concealed or camouflaged device designed to cause bodily injury when triggered by the action of a person making contact with the device. "Booby trap" includes guns, ammunition, or explosive devices attached to…

76-18-502. Purpose -- Coordination with other sections. (1) The clandestine production of methamphetamine, other amphetamines, phencyclidine, narcotic analgesic analogs, so-called "designer drugs," various hallucinogens, concentrated tetrahydrocannabinols, counterfeit opioids, co…

76-18-503. Department of Public Safety enforcement authority. (1) As used in this section, "division" means the Criminal Investigations and Technical Services Division of the Department of Public Safety, created in Section. 53-10-103 (2) The division has authority to enforce this…

76-18-504. Seizure and forfeiture. Chemicals, equipment, supplies, vehicles, aircraft, vessels, and personal and real property used in furtherance of a clandestine laboratory operation are subject to seizure and forfeiture under the procedures and substantive protections of, and.…

76-18-505. Legal inference of intent -- Illegal possession of a controlled substance precursor or clandestine laboratory equipment. The trier of fact may infer that an actor intended to engage in a clandestine laboratory operation if the actor: (1) is in illegal possession of a c…

76-18-506. Unlawful clandestine drug offense. (1) Terms defined in Sections,,, andapply to this section. 58-37-101 76-1-101.5 76-18-101 76-18-501 (2) An actor commits an unlawful clandestine drug offense if the actor knowingly or intentionally: possesses a controlled substance or…