(1) |
The committee serves as a consultative and advisory body to the Legislature regarding:
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Terms Used In Utah Code 58-38a-203- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a) |
the movement of a controlled substance from one schedule or list to another; |
(b) |
the removal of a controlled substance from any schedule or list; and |
(c) |
the designation of a substance as a controlled substance and the placement of the substance in a designated schedule or list. |
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(2) |
On or before September 30 of each year, the committee shall submit to the Health and Human Services Interim Committee a written report:
(a) |
describing any substances recommended by the committee for scheduling, rescheduling, listing, or deletion from the schedules or list by the Legislature; and |
(b) |
stating the reasons for the recommendation. |
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(3) |
In advising the Legislature regarding the need to add, delete, relist, or reschedule a substance, the committee shall consider:
(a) |
the actual or probable abuse of the substance, including:
(i) |
the history and current pattern of abuse both in Utah and in other states; |
(ii) |
the scope, duration, and significance of abuse; |
(iii) |
the degree of actual or probable detriment to public health which may result from abuse of the substance; and |
(iv) |
the probable physical and social impact of widespread abuse of the substance; |
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(b) |
the biomedical hazard of the substance, including:
(i) |
its pharmacology, including the effects and modifiers of the effects of the substance; |
(ii) |
its toxicology, acute and chronic toxicity, interaction with other substances, whether controlled or not, and the degree to which it may cause psychological or physiological dependence; and |
(iii) |
the risk to public health and the particular susceptibility of segments of the population; |
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(c) |
whether the substance is an immediate precursor, as defined in Section 58-37-2, of a substance that is currently a controlled substance; |
(d) |
the current state of scientific knowledge regarding the substance, including whether there is any acceptable means to safely use the substance under medical supervision; |
(e) |
the relationship between the use of the substance and criminal activity, including whether:
(i) |
persons engaged in illicit trafficking of the substance are also engaged in other criminal activity; |
(ii) |
the nature and relative profitability of manufacturing or delivering the substance encourages illicit trafficking in the substance; |
(iii) |
the commission of other crimes is one of the recognized effects of abuse of the substance; and |
(iv) |
addiction to the substance relates to the commission of crimes to facilitate the continued use of the substance; |
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(f) |
whether the substance has been scheduled by other states; and |
(g) |
whether the substance has any accepted medical use in treatment in the United States. |
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(4) |
The committee’s duties under this chapter do not include tobacco products as defined in Section 59-14-102 or alcoholic beverages as defined in Section 32B-1-102. |
Amended by Chapter 12, 2011 General Session
Amended by Chapter 340, 2011 General Session