Offenses Concerning Imitation Controlled Substances

Utah Code tit. 76, ch. 76-18, pt. 76-18-P4

in effect

Utah Code § 76-18-401 Definitions.

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. (3) (a) "Imitation controlled substance" means a substance designed or packaged to substantially resemble any legally or illegally manufactured controlled substance. (b) "Imitation controlled substance" does not include: (i) a controlled substance; or (ii) a substance represented to be any legally or illegally manufactured controlled substance under Subsection 58-37-101(1)(h)(ii). (4) "Manufacture" means the production, preparation, compounding, processing, encapsulating, tableting, packaging or repackaging, labeling or relabeling, of an imitation controlled substance. (5) "Minor" means an individual who is under 18 years old. Renumbered and Amended by Chapter 362, 2026 General Session

Utah Code § 76-18-402 Exemption of certain persons -- Bystander defense.

76-18-402. Exemption of certain persons -- Bystander defense. (1) No civil or criminal liability shall be imposed by virtue of this part on: (a) any person registered under Title 58, Chapter 37, Controlled Substances, who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo or investigational new drug by a registered practitioner in the ordinary course of professional practice or research; or (b) a law enforcement officer acting in the course and legitimate scope of the law enforcement officer's employment. (2) It is an affirmative defense to an allegation of the commission of an offense under this part if the actor or bystander: (a) reasonably believes that the actor or another individual is experiencing an overdose event due to the ingestion, injection, inhalation, or other introduction into the human body of a controlled substance or other substance; (b) reports, or assists an individual who reports, in good faith, the overdose event to a medical provider, an emergency medical service provider as defined in Section 53-2d-101, a law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the actor is the subject of a report made under this section; (c) provides, in the report described in Subsection (2)(b), a functional description of the actual location of the overdose event that facilitates responding to the individual experiencing the overdose event; (d) remains at the location of the individual experiencing the overdose event until a responding law enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where the individual experiencing an overdose event is located until a responding law enforcement officer arrives; (e) cooperates with the responding medical provider, emergency medical service provider, and law enforcement officer, including providing information regarding the individual experiencing the overdose event and any substances the individual may have injected, inhaled, or otherwise introduced into the individual's body; and (f) is alleged to have committed the offense in the same course of events from which the reported overdose arose. Renumbered and Amended by Chapter 362, 2026 General Session

Utah Code § 76-18-403 Unlawful use of an imitation controlled substance.

76-18-403. Unlawful use of an imitation controlled substance. (1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-401 apply to this section. (2) An actor commits unlawful use of an imitation controlled substance if the actor uses, or possesses with the intent to use, an imitation controlled substance. (3) A violation of Subsection (2) is a class C misdemeanor. (4) If a minor is found by a court to have violated this section, the court may order the minor to complete: (a) a screening as defined in Section 41-6a-501; (b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (4)(a) indicates that an assessment is appropriate; or (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (4)(b). Renumbered and Amended by Chapter 362, 2026 General Session

Utah Code § 76-18-404 Unlawful manufacture of an imitation controlled substance.

76-18-404. Unlawful manufacture of an imitation controlled substance. (1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-401 apply to this section. (2) An actor commits unlawful manufacture of an imitation controlled substance if the actor manufactures an imitation controlled substance. (3) Subject to Subsection (4), a violation of Subsection (2) is a class A misdemeanor. (4) A violation of this section is subject to the penalties and classifications under Section 76-18-204, Enhanced penalties and sentencing for certain drug offenses, if the trier of fact finds the elements described under Section 76-18-204. (5) If a minor is found by a court to have violated this section, the court may order the minor to complete: (a) a screening as defined in Section 41-6a-501; (b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (5)(a) indicates that an assessment is appropriate; or (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (5)(b). Renumbered and Amended by Chapter 362, 2026 General Session

Utah Code § 76-18-405 Unlawful distribution or possession with intent to distribute an imitation controlled substance.

76-18-405. Unlawful distribution or possession with intent to distribute an imitation controlled substance. (1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-401 apply to this section. (2) An actor commits unlawful distribution or possession with intent to distribute an imitation controlled substance if the actor: (a) distributes an imitation controlled substance; or (b) possesses an imitation controlled substance with the intent to distribute the imitation controlled substance. (3) Subject to Subsection (4), a violation of Subsection (2) is a class A misdemeanor. (4) A violation of this section is subject to the penalties and classifications under Section 76-18-204, Enhanced penalties and sentencing for certain drug offenses, if the trier of fact finds the elements described under Section 76-18-204. (5) If a minor is found by a court to have violated this section, the court may order the minor to complete: (a) a screening as defined in Section 41-6a-501; (b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (5)(a) indicates that an assessment is appropriate; or (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (5)(b). Enacted by Chapter 362, 2026 General Session

Utah Code § 76-18-406 Unlawful advertisement of an imitation controlled substance.

76-18-406. Unlawful advertisement of an imitation controlled substance. (1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-401 apply to this section. (2) An actor commits unlawful advertisement of an imitation controlled substance if the actor: (a) places in a newspaper, magazine, handbill, or other publication, or posts or distributes in any public place, an advertisement or solicitation; and (b) takes the action described in Subsection (2)(a) with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of an imitation controlled substance. (3) A violation of Subsection (2) is a class A misdemeanor. (4) If a minor is found by a court to have violated this section, the court may order the minor to complete: (a) a screening as defined in Section 41-6a-501; (b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (4)(a) indicates that an assessment is appropriate; or (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (4)(b). Renumbered and Amended by Chapter 362, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter18/76-18-P4.html?v=C76-18-P4_2026050620260506Fetched: 10/26/2026