76-18-203. Exemptions and affirmative defenses applicable to certain drug crimes.

794 words·~4 min read·/ut/title-76/chapter-18/76-18-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)Terms defined in Sections 58-37-101 , 76-1-101.5 , 76-18-101 , and 76-18-201 apply to this section.

(a)Civil or criminal liability may not be imposed under an offense listed in Subsection (2)(b) on any Indian who uses, possesses, or transports peyote for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion.

(b)The offenses referred to in Subsection (2)(a) are:

(i)unlawfully possessing or using a controlled substance or a controlled substance analog under Section 76-18-207 ;

(ii)unlawfully producing, manufacturing, or dispensing a controlled substance or counterfeit substance under Section 76-18-208 ;

(iii)unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance under Section 76-18-209 ;

(iv)unlawfully possessing a controlled substance or counterfeit substance with intent to distribute under Section 76-18-210 ;

(v)unlawfully engaging in a continuing criminal enterprise involving drugs under Section 76-18-211 ;

(vi)unlawfully allowing possession, use, or distribution of a controlled substance on the premises under Section 76-18-212 ;

(vii)unlawful possession of an altered or forged prescription or order for a controlled substance under Section 76-18-213 ;

(viii)unlawful use of a license number in the course of manufacturing or distributing a controlled substance under Section 76-18-214 ;

(ix)unlawful misrepresentation as an authorized person to obtain a controlled substance under Section 76-18-215 ;

(x)unlawful conduct to obtain a controlled substance under Section 76-18-216 ;

(xi)unlawfully prescribing or dispensing a controlled substance to a person known to be using unlawful means under Section 76-18-217 ;

(xii)unlawfully making, forging, altering, or uttering a prescription or a written order under Section 76-18-218 ; and

(xiii)unlawful materials to create a counterfeit controlled substance under Section 76-18-219 .

(i)In a prosecution alleging a violation of an offense listed in Subsection (2)(b) regarding peyote as defined in Section 58-37-108 , it is an affirmative defense that the peyote was used, possessed, or transported by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion.

(A)A defendant shall provide written notice of intent to claim an affirmative defense under this Subsection

(2)as soon as practicable, but not later than 10 days before trial.

(B)The notice shall include the specific claims of the affirmative defense.

(C)The court may waive the notice requirement in the interest of justice for good cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.

(A)A defendant shall establish the affirmative defense under this Subsection

(2)by a preponderance of the evidence.

(B)If the defense is established, it is a complete defense to the charges.

(3)An offense listed in Subsection (2)(b) does not prohibit a veterinarian, in good faith and in the course of the veterinarian's professional practice only and not for humans, from prescribing, dispensing, or administering controlled substances, or from causing the substances to be administered by an assistant or orderly under the veterinarian's direction and supervision.

(4)Civil or criminal liability may not be imposed under an offense listed in Subsection (2)(b) against:

(a)a person registered under this chapter or Title 58, Chapter 37, Controlled Substances, who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo or an investigational new drug by a registered practitioner in the ordinary course of professional practice or research;

(b)a law enforcement officer acting in the course and legitimate scope of the law enforcement officer's employment; or

(c)a healthcare facility, substance use harm reduction services program, or drug addiction treatment facility that temporarily possesses a controlled substance or counterfeit substance to conduct a test or analysis on the controlled substance or counterfeit substance to identify or analyze the strength, effectiveness, or purity of the substance for a public health or safety reason.

(a)It is an affirmative defense that a person produced, possessed, or administered a controlled substance listed in Section 58-37-109 if the person was:

(i)engaged in medical research; and

(ii)a holder of a valid license to possess controlled substances under Section 58-37-105 or 58-37-113 .

(b)It is not a defense under Subsection (5)(a) that the person prescribed or dispensed a controlled substance listed in Section 58-37-109 .

(6)It is an affirmative defense that a person possessed, in the person's body, a controlled substance listed in Section 58-37-109 if:

(a)the person was the subject of medical research conducted by a holder of a valid license to possess controlled substances under Section 58-37-105 or 58-37-113 ; and

(b)the substance was administered to the person by the medical researcher.

Enacted by Chapter 362 , 2026 General Session