| (1) |
As used in this chapter:
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Terms Used In Utah Code 58-37d-3- Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3
- Counterfeit opioid: means an opioid or container or labeling of an opioid that:
| (i) | | (A) | without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be an opioid distributed by another manufacturer, distributor, or dispenser; and |
| (B) | a reasonable person would believe to be an opioid distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or |
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| (ii) | | (A) | is falsely represented to be any legally or illegally manufactured opioid; and |
| (B) | a reasonable person would believe to be a legal or illegal opioid. See Utah Code 58-37d-3- Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater. See Utah Code 58-37d-3
- Hazardous or dangerous material: means a substance that because of its quantity, concentration, physical characteristics, or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness, or may pose a substantial present or potential future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed. See Utah Code 58-37d-3
- Illegal manufacture of specified controlled substances: means in violation of Title 58, Chapter 37, Utah Controlled Substances Act, the:
| (i) | compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing for the purpose of producing methamphetamine, other amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit opioid; |
| (ii) | conversion of cocaine or methamphetamine to their base forms; or |
| (iii) | extraction, concentration, or synthesis of tetrahydrocannabinol. See Utah Code 58-37d-3- Land: includes :Utah Code 68-3-12.5
- Opioid: means the same as that term is defined in Section 58-37f-303. See Utah Code 58-37d-3
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Tetrahydrocannabinol: means the same as that term is defined in Section 58-37-3. See Utah Code 58-37d-3
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| (a) |
| (i) |
“Booby trap” means a concealed or camouflaged device designed to cause bodily injury when triggered by the action of a person making contact with the device. |
| (ii) |
“Booby trap” includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. |
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| (b) |
“Clandestine laboratory operation” means the:
| (i) |
purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances; |
| (ii) |
transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances; |
| (iii) |
setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances; |
| (iv) |
activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances; |
| (v) |
illegal manufacture of specified controlled substances; or |
| (vi) |
distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. |
|
| (d) |
“Counterfeit opioid” means an opioid or container or labeling of an opioid that:
| (i) |
| (A) |
without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be an opioid distributed by another manufacturer, distributor, or dispenser; and |
| (B) |
a reasonable person would believe to be an opioid distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or |
|
| (ii) |
| (A) |
is falsely represented to be any legally or illegally manufactured opioid; and |
| (B) |
a reasonable person would believe to be a legal or illegal opioid. |
|
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| (e) |
“Disposal” means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater. |
| (f) |
“Hazardous or dangerous material” means a substance that because of its quantity, concentration, physical characteristics, or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness, or may pose a substantial present or potential future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed. |
| (g) |
“Illegal manufacture of specified controlled substances” means in violation of Title 58, Chapter 37, Utah Controlled Substances Act, the:
| (i) |
compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing for the purpose of producing methamphetamine, other amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit opioid; |
| (ii) |
conversion of cocaine or methamphetamine to their base forms; or |
| (iii) |
extraction, concentration, or synthesis of tetrahydrocannabinol. |
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| (h) |
“Opioid” means the same as that term is defined in Section 58-37f-303. |
| (i) |
“Tetrahydrocannabinol” means the same as that term is defined in Section 58-37-3.6. |
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| (2) |
Unless otherwise specified, the definitions in Section 58-37-2 also apply to this chapter. |
Amended by Chapter 420, 2019 General Session
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