76-18-219. Unlawful materials to create a counterfeit controlled substance.

308 words·~1 min read·/ut/title-76/chapter-18/76-18-219

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 materials to create a counterfeit controlled substance if the actor knowingly and intentionally makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce:

(a)the trademark, trade name, or other identifying mark, imprint, or device of another upon any drug, container, or labeling, so as to render a drug a counterfeit controlled substance; or

(b)any likeness of a trademark, trade name, or other identifying mark, imprint, or device of another upon any drug, container, or labeling, so as to render a drug a counterfeit controlled substance.

(3)A violation of Subsection

(2)is a third degree felony.

(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.

(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