Utah statute

Utah Code Ann. § 76-18-216 — Unlawful conduct to obtain a controlled substance.

Current through 2026 General Session

Part of Part 2: Offenses Concerning Controlled Substances, Utah Code.

Criminal charges under this statute

Unlawful conduct to obtain a controlled substance

Full text of Utah Code Ann. § 76-18-216

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-18-216Primary source, current through the 2026 General Session

(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: (2)(a) misrepresentation; (2)(b) failure to disclose receiving a controlled substance from another source; (2)(c) fraud; (2)(d) forgery; (2)(e) deception; (2)(f) subterfuge; (2)(g) alteration of a prescription or written order for a controlled substance; or (2)(h) use of a false name or address. (3) A violation of Subsection (2) is: (3)(a) a class A misdemeanor on a first or second conviction; or (3)(b) a third degree felony on a third or subsequent conviction. (4)(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. (4)(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. (4)(c) Defenses and exemptions in Section 76-18-203 apply to this section. (4)(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: (5)(a) a screening as defined in Section 41-6a-501; (5)(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 (5)(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).

Official sources

Legal terms used in this section

Questions this section answers

Is unlawful conduct to obtain a controlled substance a felony or a misdemeanor in Utah?

It depends on the circumstances: unlawful conduct to obtain a controlled substance ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-18-216.

First or second conviction: Class A Misdemeanor (Utah Code Ann. § 76-18-216(3)(a)) · Third or subsequent conviction: Third Degree Felony (Utah Code Ann. § 76-18-216(3)(b))

Which Utah statute covers unlawful conduct to obtain a controlled substance?

Unlawful conduct to obtain a controlled substance is governed by Utah Code Ann. § 76-18-216 (Unlawful conduct to obtain a controlled substance).

This reference is informational and is not legal advice.