Utah Code Ann. § 76-18-217 – Unlawfully prescribing or dispensing a controlled substance to a person known to be using unlawful means.

(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 unlawfully prescribing or dispensing a controlled substance to a person known to be using unlawful means if the actor knowingly and intentionally prescribes or dispenses to a person known to be attempting to acquire or obtain possession of, or to procure the administration of, a controlled substance by:
1. (a) misrepresentation;
2. (b) failure by the person to disclose receiving a controlled substance from another source;
3. (c) fraud;
4. (d) forgery;
5. (e) deception;
6. (f) subterfuge;
7. (g) alteration of a prescription or written order for a controlled substance; or
8. (h) the use of a false name or address.
(3) A violation of Subsection (2) is:
1. (a) a class A misdemeanor on a first or second conviction; or
2. (b) a third degree felony on a third or subsequent conviction.
(4)
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.
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:
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 (5)(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 (5)(b).

Enacted by Chapter 362, 2026 General Session