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Controlled Substances

Under Utah law, distribute means to deliver other than by administering or dispensing a controlled substance or a listed chemical. It is unlawful for any person to knowingly and intentionally produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance, or distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance. 58-37-8(1)(a).

  1. Max penalties for Distribution:
  2. Driver’s License suspension:

Production of a controlled substance: Under Utah Law, Production means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. It is unlawful for any person to knowingly and intentionally produce, or manufacture a controlled or counterfeit substance 58-37-2.

Paraphernalia: Under Utah law “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, store, contain, conceal, inject, ingest, inhale, or to otherwise introduce a controlled substance into the human body. 58-37a-3.

Forge or Altering a prescription: Under Utah law it is unlawful to make any false or forged prescription or written order for a controlled substance, or to utter the same, or to alter any prescription or written order issued or written under the terms of this 58-37-8.

Doctor Shopping: Obtaining a prescription under false pretenses: 58-37-8(3)(a)(ii)

Counterfeit Controlled Substances: 58-37b-2: “Imitation controlled substance” means a substance designed or packaged to substantially resemble any legally or illegally manufactured controlled substance, but that is not:

Juvenile Drug Charges: People under 18 years of age who commit drug crimes as if committed by an adult. Juvenile Court has it’s own unique rules and procedures. The potential penalties and sanctions imposed can range from a simple fine or community service, to detention in a youth correctional facility. In my years of practice I have handled hundreds of delinquency cases in the Juvenile Courts.