1. (1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-401 apply to this section.
2. (2) An actor commits unlawful manufacture of an imitation controlled substance if the actor manufactures an imitation controlled substance.
3. (3) Subject to Subsection (4), a violation of Subsection (2) is a class A misdemeanor.
4. (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. (5) If a minor 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; or
   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).

Renumbered and Amended by Chapter 362, 2026 General Session