76-18-405. Unlawful distribution or possession with intent to distribute an imitation controlled substance.
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Effective 5/6/2026
76-18-405. Unlawful distribution or possession with intent to distribute an imitation controlled substance.
(1)Terms defined in Sections 76-1-101.5 , 76-18-101 , and 76-18-401 apply to this section.
(2)An actor commits unlawful distribution or possession with intent to distribute an imitation controlled substance if the actor:
(a)distributes an imitation controlled substance; or
(b)possesses an imitation controlled substance with the intent to distribute the imitation controlled substance.
(3)Subject to Subsection
(4), a violation of Subsection
(2)is a class A misdemeanor.
(4)A violation of this section is subject to the penalties and classifications under Section 76-18-204 , Enhanced penalties and sentencing for certain drug offenses, if the trier of fact finds the elements described under Section 76-18-204 .
(5)If a minor 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; or
(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