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[Utah Code Table of Contents]
[TITLE 58. Table of Contents]
58-37b-1 Short title.
This act shall be known and may be cited as the "Imitation
Controlled Substances Act."
1982
58-37b-2 Definitions.
As used in this chapter:
(1) "Controlled substance" has the same meaning as provided in Section 58-37-2 .
(2) "Distribute" means the actual, constructive, or attempted sale, transfer, delivery, or dispensing to another of an imitation controlled substance.
(3) "Imitation controlled substance" means a substance that is not a controlled substance or counterfeit controlled substance, and which by overall dosage unit substantially resembles a specific controlled substance in appearance, including its color, shape, or size.
(4) "Manufacture" means the production, preparation, compounding,
processing, encapsulating, tableting, packaging or repackaging,
labeling or relabeling, of an imitation controlled substance.
1997
58-37b-3 Considerations in determining whether substance is imitation controlled substance.
If the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an imitation controlled substance, as in liquids or powders, the following factors should be considered:
(1) statements made by an owner or by anyone else in control of the substance, concerning the nature of the substance, its use or effect, or its similarity to a controlled substance;
(2) statements made to the recipient that the substance may be resold at a price substantially higher than the usual and customary price for the ingredients contained in the substance;
(3) whether the substance is packaged or labeled in a manner similar to that generally used for controlled substances;
(4) evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
(5) prior convictions of an owner or anyone in control of the object, under state or federal law related to controlled substances or fraud; and
(6) the proximity of the substances to controlled substances.
1987
58-37b-4 Manufacture, distribution or possession of substance unlawful - Penalty.
It is unlawful for any person to manufacture, distribute,
or possess with intent to distribute, an imitation controlled
substance. Any person who violates this section is guilty
of a class A misdemeanor.
1991
58-37b-6 Use of substance unlawful - Penalty.
It is unlawful for any person to use, or to possess with
intent to use, an imitation controlled substance. Any person
who violates this section is guilty of a class C misdemeanor.
1986
58-37b-7 Advertisement of substance unlawful - Penalty.
It is unlawful for any person to place any newspaper,
magazine, handbill, or other publication, or to post or distribute
in any public place, any advertisement or solicitation with
reasonable knowledge that the purpose of the advertisement
or solicitation is to promote the distribution of imitation
controlled substances. Any person who violates this section
is guilty of a class A misdemeanor.
1991
58-37b-8 Exemption of persons registered under Controlled Substances Act.
No civil or criminal liability shall be imposed by virtue
of this act on any person registered under the Controlled
Substances Act 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 on any law enforcement officer acting in the course and
legitimate scope of that employment.
1982
