Utah Code Ann. 58-37-8(2)(a)(i)
What possession of a controlled substance means?
- “Possession” or “use” means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances.
For a person to be a possessor or user of a controlled substance, it is not required that the person be shown to have individually possessed, used, or controlled the substance, but it is sufficient if it is shown that the person jointly participated with one or more persons in the use, possession, or control of any substances with knowledge that the activity was occurring, or the controlled substance is found in a place or under circumstances indicating that the person had the ability and the intent to exercise dominion and control over it. 58-37-2
Common controlled substances:
- Marijuana: Under Utah Law “Marijuana” means all species of the genus cannabis and all parts of the genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Utah Code Ann. 58-37-2.
- Methamphetamine: Is considered a Schedule I Controlled Substance. Defined as a drug with no currently accepted medical use and a high potential for abuse. It includes any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: Methamphetamine, its salts, isomers, and salts of its isomers.
- Cocaine: Is considered a Schedule I Controlled Substance. Defined as a drug with no currently accepted medical use and a high potential for abuse. It includes Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation which is chemically equivalent or identical with any of these substances.
- Heroin: Is considered a Schedule I Controlled Substance. Defined as a drug with no currently accepted medical use and a high potential for abuse. In addition to Heroin it includes any of the following opium derivatives, their salts, isomers, and salts of isomers.
- Hallucinogens: Are considered a Schedule I Controlled Substances. Defined as drugs with no currently accepted medical use and a high potential for abuse. Hallucinogens include: LSD/NBOMe, Peyote, Psilocybin (mushrooms), PCP.
- Synthetics and Analogs: A substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance which has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of controlled substances in schedules I or II.
- Prescription Drugs: Substances recognized by the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals. It is unlawful to possess a prescription drug without a lawful prescription.
- Abuse of Psychotoxic Chemical Solvents:76-10-107. Psychotoxic chemical solvent includes any glue, cement, or other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate, or their isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene or xylene, or other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.
- Anabolic Steroids: Are considered a Schedule III controlled substance and it It is unlawful to possess a prescription drug without a lawful prescription.
