Utah criminal charge
Prohibited substance in correctional or mental health facility in Utah
Prohibited substance in correctional or mental health facility is a criminal offense under Utah law, defined by Utah Code Ann. § 76-8-311.8. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-8-311.8.
What is the penalty for prohibited substance in correctional or mental health facility in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Knowingly transporting a prohibited substance to/within a correctional facility or secure mental health area — Applies to a violation of Subsection (2)(a)(i) — knowingly transporting a prohibited substance without permission, unless Subsection (4) defenses apply.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Knowingly transporting a prohibited substance to/within a correctional facility or secure mental health area — Applies to a violation of Subsection (2)(a)(i) — knowingly transporting a prohibited substance without permission, unless Subsection (4) defenses apply.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Providing or selling a prohibited substance to an offender or detainee — Applies to a violation of Subsection (2)(b) — knowingly violating facility policy by providing or selling a prohibited substance, unless Subsection (4) defenses apply.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Providing or selling a prohibited substance to an offender or detainee — Applies to a violation of Subsection (2)(b) — knowingly violating facility policy by providing or selling a prohibited substance, unless Subsection (4) defenses apply.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Offender or detainee possessing a prohibited substance — Applies to a violation of Subsection (2)(c) — an offender or detainee possessing a prohibited substance other than facility-provided medicine, unless Subsection (4) defenses apply.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Offender or detainee possessing a prohibited substance — Applies to a violation of Subsection (2)(c) — an offender or detainee possessing a prohibited substance other than facility-provided medicine, unless Subsection (4) defenses apply.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Failure to declare or knowing possession of a prohibited substance at facility — Applies to a violation of Subsection (2)(a)(ii) — failing to declare or knowingly possessing a prohibited substance without permission, unless Subsection (4) defenses apply.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Failure to declare or knowing possession of a prohibited substance at facility — Applies to a violation of Subsection (2)(a)(ii) — failing to declare or knowingly possessing a prohibited substance without permission, unless Subsection (4) defenses apply.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is prohibited substance in correctional or mental health facility classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Knowingly transporting a prohibited substance to/within a correctional facility or secure mental health area | Third Degree Felony | Applies to a violation of Subsection (2)(a)(i) — knowingly transporting a prohibited substance without permission, unless Subsection (4) defenses apply. | Utah Code Ann. § 76-8-311.8(3)(a) |
| Providing or selling a prohibited substance to an offender or detainee | Third Degree Felony | Applies to a violation of Subsection (2)(b) — knowingly violating facility policy by providing or selling a prohibited substance, unless Subsection (4) defenses apply. | Utah Code Ann. § 76-8-311.8(3)(a) |
| Offender or detainee possessing a prohibited substance | Third Degree Felony | Applies to a violation of Subsection (2)(c) — an offender or detainee possessing a prohibited substance other than facility-provided medicine, unless Subsection (4) defenses apply. | Utah Code Ann. § 76-8-311.8(3)(a) |
| Failure to declare or knowing possession of a prohibited substance at facility | Class A Misdemeanor | Applies to a violation of Subsection (2)(a)(ii) — failing to declare or knowingly possessing a prohibited substance without permission, unless Subsection (4) defenses apply. | Utah Code Ann. § 76-8-311.8(3)(b) |
Common questions about prohibited substance in correctional or mental health facility in Utah
Is prohibited substance in correctional or mental health facility a felony or a misdemeanor in Utah?
It depends on the circumstances: prohibited substance in correctional or mental health facility ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-8-311.8.
Knowingly transporting a prohibited substance to/within a correctional facility or secure mental health area: Third Degree Felony (Utah Code Ann. § 76-8-311.8(3)(a)) · Providing or selling a prohibited substance to an offender or detainee: Third Degree Felony (Utah Code Ann. § 76-8-311.8(3)(a)) · Offender or detainee possessing a prohibited substance: Third Degree Felony (Utah Code Ann. § 76-8-311.8(3)(a)) · Failure to declare or knowing possession of a prohibited substance at facility: Class A Misdemeanor (Utah Code Ann. § 76-8-311.8(3)(b))
What are the penalties for prohibited substance in correctional or mental health facility in Utah?
Penalties for prohibited substance in correctional or mental health facility in Utah depend on how it is classified — from a Class A Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers prohibited substance in correctional or mental health facility?
Prohibited substance in correctional or mental health facility is governed by Utah Code Ann. § 76-8-311.8 (Prohibited substance in correctional or mental health facility).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.