Section 9 – Investigators — Status of peace officers.
58-37-9. Investigators — Status of peace officers. Investigators for the Department of Commerce shall for the purpose of enforcing the provisions of this chapter have the status of peace officers. Amended by Chapter 20, 1995 General Session
Section 10 – Search warrants — Administrative inspection warrants — Inspections and seizures of property without warrant.
58-37-10. Search warrants — Administrative inspection warrants — Inspections and seizures of property without warrant. (1) Search warrants relating to offenses involving controlled substances may be authorized pursuant to the Utah Rules of Criminal Procedure. (2) Issuance and execution of administrative inspection warrants shall be as follows: (a) Any judge or magistrate of this state […]
Section 11 – District court jurisdiction to enjoin violations — Jury trial.
58-37-11. District court jurisdiction to enjoin violations — Jury trial. (1) The district courts of this state shall have jurisdiction in proceedings in accordance with the rules of those courts to enjoin violations of this act. (2) If an alleged violation of an injunction or restraining order issued under this section occurs, the accused may […]
Section 12 – Enforcement — Coordination and cooperation of federal and state agencies — Powers.
58-37-12. Enforcement — Coordination and cooperation of federal and state agencies — Powers. The department and all law enforcement agencies charged with enforcing this act shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they are […]
Section 14 – Resort for illegal use or possession of controlled substances deemed common nuisance — District court power to suppress and enjoin.
58-37-14. Resort for illegal use or possession of controlled substances deemed common nuisance — District court power to suppress and enjoin. (1) Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place to which users or possessors of any controlled substances, listed in schedules I through V, resort or where use or […]
Section 15 – Burden of proof in proceedings on violations — Enforcement officers exempt from liability.
58-37-15. Burden of proof in proceedings on violations — Enforcement officers exempt from liability. (1) It is not necessary for the state to negate any exemption or exception set forth in this act in any complaint, information, indictment or other pleading or trial, hearing, or other proceeding under this act, and the burden of proof […]
Section 17 – Judicial review.
58-37-17. Judicial review. (1) Any person aggrieved by a department’s final order may obtain judicial review. (2) Venue for judicial review of informal adjudicative proceedings is in the district court of Salt Lake County. Amended by Chapter 161, 1987 General Session
Section 18 – Prior prosecutions and proceedings continued — Uniform construction.
58-37-18. Prior prosecutions and proceedings continued — Uniform construction. (1) (a) Prosecution for violation of any law or offense occurring prior to the effective date of this act shall not be affected by this act; provided, that sentences imposed after the effective date of this act may not exceed the maximum terms specified and the […]
Section 19 – Opiate prescription consultation.
Effective 5/14/2019 58-37-19. Opiate prescription consultation. (1) As used in this section: (a) “Hospice” means the same as that term is defined in Section 26-21-2. (b) “Initial opiate prescription” means a prescription for an opiate to a patient who: (i) has never previously been issued a prescription for an opiate; or (ii) was previously issued […]
Section 22 – Electronic prescriptions for controlled substances.
Effective 5/5/2021 58-37-22. Electronic prescriptions for controlled substances. (1) Beginning January 1, 2022, each prescription issued for a controlled substance shall be transmitted electronically as an electronic prescription unless the prescription is: (a) for a patient residing in an assisted living facility as that term is defined in Section 26-21-2, a long-term care facility as […]