1. (1) Terms defined in Sections 58-37-101, 76-1-101.5, 76-18-101, and 76-18-201 apply to this section.

2. (2) An actor commits unlawfully allowing possession, use, or distribution of a controlled substance on the premises if the actor:

   1. (a) is an owner, tenant, licensee, or person in control of a building, room, tenement, vehicle, boat, aircraft, or other place; and
   2. (b) knowingly and intentionally permits a person to occupy the building, room, tenement, vehicle, boat, aircraft, or other place while the person is unlawfully manufacturing, possessing, using, or distributing a controlled substance at or in the building, room, tenement, vehicle, boat, aircraft, or other place.

3. (3)

   1. (a) Subject to Subsection (3)(b), a violation of Subsection (2) is:

      1. (i) a class B misdemeanor on a first conviction;
      2. (ii) a class A misdemeanor on a second conviction; or
      3. (iii) a third degree felony on a third or subsequent conviction.
   2. (b) Upon an actor's conviction of a violation of this section, if the actor has previously been convicted of a violation of Section 76-18-208, 76-18-209, 76-18-210, or 76-18-211, the court shall sentence the actor to a one degree greater penalty than provided in Subsection (3)(a).

4. (4)

   1. (a) For purposes of a penalty enhancement, a plea of guilty or no contest to a violation or attempted violation of this section or a plea that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

   2. (b) A previous conviction used for a penalty enhancement under this section may only be a conviction that:

      1. (i) is from a separate criminal episode than the current conviction under this section; and
      2. (ii) has not already been used under a separate penalty enhancement provision to enhance the conviction under this section.
   3. (c) 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. (5)

   1. (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.
   2. (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.
   3. (c) Defenses and exemptions in Section 76-18-203 apply to this section.
6. (6) The Administrative Office of the Courts shall report to the Division of Professional Licensing the name, case number, date of conviction, and if known, the date of birth of each actor convicted of violating this section.

7. (7) 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:

   1. (a) a screening as defined in Section 41-6a-501;
   2. (b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (7)(a) indicates that an assessment is appropriate; and
   3. (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (7)(b).

Enacted by Chapter 362, 2026 General Session