Terms Used In Utah Code > Title 58 > Chapter 37 - Utah Controlled Substances Act

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

  (i)	a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or

  (ii)

  the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2 Allegation: something that someone says happened. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Arrest: Taking physical custody of a person by lawful authority. Bioterrorism: means : (a)  the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and (b)  includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Communicable disease: means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment. See Utah Code 26B-7-201 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consumption: means ingesting or having any measurable amount of a controlled substance in a person's body, but this Subsection (1)(c) does not include the metabolite of a controlled substance. See Utah Code 58-37-2 Continuing criminal enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or groups of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities created or maintained for the purpose of engaging in conduct which constitutes the commission of episodes of activity made unlawful by Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 58-37-2 Contract: A legal written agreement that becomes binding when signed. Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section 58-37-3. See Utah Code 58-37-2 Controlled substance: means a drug or substance: (A)  included in Schedules I, II, III, IV, or V of Section 58-37-4; (B)  included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2 Controlled substance analog: means : (A)  a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section 58-37-4, a substance listed in Section 58-37-4. See Utah Code 58-37-2 Conviction: A judgement of guilt against a criminal defendant. Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by: (A)  Chapter 37, Utah Controlled Substances Act; (B)  Chapter 37a, Utah Drug Paraphernalia Act; (C)  Chapter 37b, Imitation Controlled Substances Act; (D)  Chapter 37c, Utah Controlled Substance Precursor Act; or (E)  Chapter 37d, Clandestine Drug Lab Act; or (ii)  for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under: (A)  Chapter 37, Utah Controlled Substances Act; (B)  Chapter 37a, Utah Drug Paraphernalia Act; (C)  Chapter 37b, Imitation Controlled Substances Act; (D)  Chapter 37c, Utah Controlled Substance Precursor Act; or (E)  Chapter 37d, Clandestine Drug Lab Act. See Utah Code 58-37-2 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Counterfeit substance: means : (i)  any controlled substance or container or labeling of any controlled substance that: (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 a controlled substance distributed by any other manufacturer, distributor, or dispenser; and (B)  a reasonable person would believe to be a controlled substance distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled substance; or (ii)  any substance other than under Subsection (1)(i)(i) that: (A)  is falsely represented to be any legally or illegally manufactured controlled substance; and (B)  a reasonable person would believe to be a legal or illegal controlled substance. See Utah Code 58-37-2 Cross examine: Questioning of a witness by the attorney for the other side. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. delivery: means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not an agency relationship exists. See Utah Code 58-37-2 Department: means the Department of Commerce. See Utah Code 58-37-2 Dependent: A person dependent for support upon another. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2 Dispenser: means a pharmacist who dispenses a controlled substance. See Utah Code 58-37-2 Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2 Distributor: means a person who distributes controlled substances. See Utah Code 58-37-2 Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-37-2 Drug: means : (A)  a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (B)  a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only; (C)  a substance other than food intended to affect the structure or any function of the body of humans or other animals; and (D)  substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2 End stage renal disease facility: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102 First responder: means : (a)  a law enforcement officer as defined in Section 53-13-103; (b)  emergency medical service personnel as defined in Section 26B-4-101; (c)  firefighters; and (d)  public health personnel having jurisdiction over the location where an individual subject to restriction is found. See Utah Code 26B-7-301 Food: means : (i)  any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and (ii)  foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 58-37-2 Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC Fraud: Intentional deception resulting in injury to another. General acute hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201 Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-7-301 Immediate precursor: means a substance which the Attorney General of the United States has found to be, and by regulation designated as being, the principal compound used or produced primarily for use in the manufacture of a controlled substance, or which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. See Utah Code 58-37-2 Indian: means a member of an Indian tribe. See Utah Code 58-37-2 Indian religion: means any religion: (i)  the origin and interpretation of which is from within a traditional Indian culture or community; and (ii)  which is practiced by Indians. See Utah Code 58-37-2 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Infected individual: means an individual who harbors an infectious agent and who has manifest disease or inapparent infection. See Utah Code 26B-7-201 Infection: means the entry and development or multiplication of an infectious agent in the body of man or animals. See Utah Code 26B-7-201 Infectious disease: means a disease of man or animals resulting from an infection. See Utah Code 26B-7-201 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Isolation: means the separation, for the period of communicability, of infected individuals or animals from others, in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those who are susceptible or who may spread the agent to others. See Utah Code 26B-7-201 Joint resolution: A legislative measure which requires the approval of both chambers. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102 Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See Utah Code 58-37-2 Manufacturer: includes any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. See Utah Code 58-37-2 Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not, including: (A)  seeds; (B)  resin extracted from any part of the plant, including the resin extracted from the mature stalks; (C)  every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin; (D)  any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active; and (E)  any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. See Utah Code 58-37-2 Money: means officially issued coin and currency of the United States or any foreign country. See Utah Code 58-37-2 Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i)  opium, coca leaves, and opiates; (ii)  a compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates; (iii)  opium poppy and poppy straw; or (iv)  a substance, and any compound, manufacture, salt, derivative, or preparation of the substance, which is chemically identical with any of the substances referred to in Subsection (1)(cc)(i), (ii), or (iii), except narcotic drug does not include decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine. See Utah Code 58-37-2 Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 58-37-2 Opium poppy: means the plant of the species papaver somniferum L. See Utah Code 58-37-2 Order of constraint: includes a stay-at-home order. See Utah Code 26B-7-301 Order of restriction: means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine. See Utah Code 26B-7-301 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means :Utah Code 68-3-12.5 Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Utah Code 58-37-2 Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Prescribe: means to issue a prescription: (i)  orally or in writing; or (ii)  by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-37-2 Prescription: means an order issued: (i)  by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and (ii)  for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-37-2 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 58-37-2 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public health emergency: means an occurrence or imminent credible threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. See Utah Code 26B-7-301 Public health official: means : (a)  the executive director or the executive director's authorized representative; or (b)  the executive director of a local health department or the executive director's authorized representative. See Utah Code 26B-7-301 Quarantine: means the restriction of the activities of well individuals or animals who have been exposed to a communicable disease during its period of communicability to prevent disease transmission. See Utah Code 26B-7-201 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. School: means a public, private, or parochial nursery school, licensed or unlicensed day care center, child care facility, family care home, Head Start program, kindergarten, elementary, or secondary school through grade 12. See Utah Code 26B-7-201 Sexually transmitted disease: means those diseases transmitted through sexual intercourse or any other sexual contact. See Utah Code 26B-7-201 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Specialty hospital: is a s defined in Section 26B-2-201. See Utah Code 26B-7-201 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 State: means the state of Utah. See Utah Code 58-37-2 Stay-at-home order: means an order of constraint that: (a)  restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and (b)  may include exceptions for certain essential tasks. See Utah Code 26B-7-301 Subpoena: A command to a witness to appear and give testimony. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Ultimate user: means any person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. See Utah Code 58-37-2 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Writing: includes :Utah Code 68-3-12.5