58-37c-10. Reporting and recordkeeping. (1) Any person who engages in a regulated transaction, unless excepted under the provisions of Subsections 58-37c-8(3) and (4), shall submit a report with respect to such transaction and shall maintain records of inventories in accordance with rules adopted by the division. (2) The division shall provide reporting forms upon which […]
58-37c-11. Penalty for unlawful conduct. (1) A person who violates the unlawful conduct provision defined in Subsections 58-37c-3(11)(a) through (j) is guilty of a class A misdemeanor. (2) A person who violates the unlawful conduct provisions defined in Subsection 58-37c-3(11)(k) is guilty of a second degree felony. Amended by Chapter 262, 2013 General SessionAmended by […]
58-37c-12. Grounds for denial of license — Disciplinary proceedings. Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease […]
58-37c-13. License does not authorize possession of controlled substances. Nothing in the provisions of this chapter shall authorize persons not licensed under provisions of Title 58, Chapter 37, Utah Controlled Substances Act, to distribute, possess, dispense, administer, or otherwise deal in controlled substances as defined in the Utah Controlled Substance Act. Enacted by Chapter 155, […]
58-37c-14. Emergency listing provision. (1) Upon a written finding of cause by the director that the listing of a chemical as a controlled substance precursor is necessary to protect the public health, safety, or welfare, the director may make an emergency listing of that chemical as a controlled substance precursor by adopting a rule pursuant […]
Effective 5/12/2015 58-37c-15. Civil forfeiture. The following shall be subject to forfeiture in accordance with the procedures and substantive protections of Title 24, Forfeiture and Disposition of Property Act: (1) all listed controlled substance precursor chemicals regulated under the provisions of this chapter which have been distributed, possessed, or are intended to be distributed or […]
58-37c-16. Civil penalties. Any person who is a regulated distributor or a regulated purchaser who acts in violation of the provisions of Section 58-37c-10 in addition to any criminal penalties, shall be subject to a civil penalty of not more than $25,000 for each offense. Enacted by Chapter 155, 1992 General Session
58-37c-17. Inspection authority. For the purpose of inspecting, copying, and auditing records and reports required under this chapter and rules adopted pursuant thereto, and for the purpose of inspecting and auditing inventories of listed controlled substance precursors, the director, or his authorized agent, and law enforcement personnel of any federal, state, or local law enforcement […]
58-37c-18. Recordkeeping requirements for sale of crystal iodine. (1) Any person licensed to engage in a regulated transaction and who sells crystal iodine to another person shall: (a) comply with the recordkeeping requirements of Section 58-37c-10; (b) require photo identification of the purchaser; (c) obtain from the purchaser a signature on a certificate of identification […]
58-37c-19. Possession or sale of crystal iodine. (1) A person licensed to engage in a regulated transaction is guilty of a class B misdemeanor who, under circumstances not amounting to a violation of Subsection 58-37d-4(1)(c), offers to sell, sells, or distributes more than two ounces of crystal iodine to another person who is: (a) not […]
Effective 7/1/2017 58-37c-19.5. Iodine solution greater than 1.5% — Prescription or permit required — Penalties. (1) As used in this section, “iodine matrix” means iodine at concentrations greater than 1.5% by weight in a matrix or solution. (2) A person may offer to sell, sell, or distribute an iodine matrix only: (a) as a prescription […]
58-37c-19.7. Red phosphorus is a precursor — Affirmative defense. (1) A person is guilty of a class A misdemeanor who is not licensed to engage in a regulated transaction and is not excepted from licensure who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or 58-37d-4(1)(a), possesses any amount of red phosphorus. (2) […]
58-37c-19.9. Anhydrous ammonia is a precursor — Requirements regarding purposes and containers. (1) A person is guilty of a class A misdemeanor who is not licensed to engage in a regulated transaction and is not excepted from licensure or exempted under Subsection (2), and who possesses any amount of anhydrous ammonia under circumstances not amounting […]
58-37c-20. Possession of ephedrine, pseudoephedrine, or phenylpropanolamine — Penalties. (1) A person is guilty of a class A misdemeanor: (a) who is not licensed to engage in regulated transactions and is not excepted from licensure; and (b) who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or Subsection 58-37d-4(1)(a), possesses more than 9 […]
58-37c-20.5. Pseudoephedrine products — Limitations on retail sale. (1) As used in this section: (a) “Mobile retail vendor” means a person or entity that sells product at retail from a stand that is intended to be temporary, or that is capable of being moved from one location to another, whether the stand is located within […]
Effective 5/4/2022 58-37c-21. Department of Public Safety enforcement authority. (1) As used in this section, “division” means the Criminal Investigations and Technical Services Division of the Department of Public Safety, created in Section 53-10-103. (2) The division has authority to enforce this chapter. To carry out this purpose, the division may: (a) inspect, copy, and […]
Effective 5/4/2022 58-37c-5. Responsibility of Department of Commerce — Delegation to the Division of Professional Licensing — Rulemaking authority of the division. (1) Responsibility for the enforcement of the licensing and reporting provisions of this chapter shall be with the Department of Commerce. (2) The executive director shall delegate specific responsibility within the department to […]
Effective 5/4/2022 58-37c-6. Division duties. The division shall be responsible for the licensing and reporting provisions of this chapter and those duties shall include: (1) providing for a system of licensure of regulated distributors and regulated purchasers; (2) refusing to renew a license or revoking, suspending, restricting, placing on probation, issuing a private or public […]
58-37c-7. Controlled substance precursor license. (1) The division shall issue to persons qualified under the provisions of this chapter and rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a controlled substance precursor license. (2) It is unlawful for a person to engage in the distribution, sale, or transfer, or in the […]
58-37c-8. License — Exceptions from licensure or regulation. (1) A person engaged in a regulated transaction under this chapter shall hold a controlled substance precursor license issued under Section 58-37c-7, unless excepted from licensure under this chapter. (2) The division shall: (a) establish the form of application for a license, the requirements for licensure, and […]
