| (1) |
A person licensed to engage in a regulated transaction is guilty of a class B misdemeanor who, under circumstances not amounting to a violation of Subsection 58-37d-4(1)(c), offers to sell, sells, or distributes more than two ounces of crystal iodine to another person who is:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 58-37c-19- Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3
- Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3
- Regulated transaction: means any actual, constructive or attempted:
| (a) | transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or |
| (b) | purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
|
| (a) |
not licensed as a regulated purchaser of crystal iodine; |
| (b) |
not excepted from licensure; or |
| (c) |
not excepted under Subsection (3). |
| (2) |
A person who is not licensed to engage in regulated transactions and not excepted from licensure is guilty of a class A misdemeanor who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or Subsection 58-37d-4(1)(a):
| (a) |
possesses more than two ounces of crystal iodine; or |
| (b) |
offers to sell, sells, or distributes crystal iodine to another person. |
|
| (3) |
Subsection (2)(a) does not apply to:
| (a) |
a chemistry laboratory maintained by:
| (i) |
a public or private regularly established secondary school; or |
| (ii) |
a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education; |
|
| (c) |
a general acute hospital. |
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Amended by Chapter 262, 2013 General Session
Amended by Chapter 413, 2013 General Session
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