76-18-216. Unlawful conduct to obtain a controlled substance.

346 words·~2 min read·/ut/title-76/chapter-18/76-18-216

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.

(2)An actor commits unlawful conduct to obtain a controlled substance if the actor knowingly and intentionally acquires, obtains possession of, procures or attempts to procure the administration of, or obtains a prescription for, a controlled substance by:

(a)misrepresentation;

(b)failure to disclose receiving a controlled substance from another source;

(c)fraud;

(d)forgery;

(e)deception;

(f)subterfuge;

(g)alteration of a prescription or written order for a controlled substance; or

(h)use of a false name or address.

(3)A violation of Subsection

(2)is:

(a)a class A misdemeanor on a first or second conviction; or

(b)a third degree felony on a third or subsequent conviction.

(a)An actor may be charged and sentenced for a violation of this section, notwithstanding a charge and sentence for a violation of any other section of this part or Title 58, Chapter 37, Controlled Substances.

(b)A penalty imposed for a violation of this section is in addition to, and not in lieu of, a civil or administrative penalty or sanction authorized by law.

(c)Defenses and exemptions in Section 76-18-203 apply to this section.

(d)A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section.

(5)If a minor who is under 18 years old is found by a court to have violated this section, the court may order the minor to complete:

(a)a screening as defined in Section 41-6a-501 ;

(b)an assessment as defined in Section 41-6a-501 if the screening described in Subsection (5)(a) indicates that an assessment is appropriate; and

(c)an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (5)(b) .

Enacted by Chapter 362 , 2026 General Session