58-37c-3 - Definitions.
58-37c-3. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Controlled Substance Precursor Advisory Board created inSection 58-37c-4.
(2) "Controlled substance precursor" includes a chemical reagent and means any of thefollowing:
(a) Phenyl-2-propanone;
(b) Methylamine;
(c) Ethylamine;
(d) D-lysergic acid;
(e) Ergotamine and its salts;
(f) Diethyl malonate;
(g) Malonic acid;
(h) Ethyl malonate;
(i) Barbituric acid;
(j) Piperidine and its salts;
(k) N-acetylanthranilic acid and its salts;
(l) Pyrrolidine;
(m) Phenylacetic acid and its salts;
(n) Anthranilic acid and its salts;
(o) Morpholine;
(p) Ephedrine;
(q) Pseudoephedrine;
(r) Norpseudoephedrine;
(s) Phenylpropanolamine;
(t) Benzyl cyanide;
(u) Ergonovine and its salts;
(v) 3,4-Methylenedioxyphenyl-2-propanone;
(w) propionic anhydride;
(x) Insosafrole;
(y) Safrole;
(z) Piperonal;
(aa) N-Methylephedrine;
(bb) N-ethylephedrine;
(cc) N-methylpseudoephedrine;
(dd) N-ethylpseudoephedrine;
(ee) Hydriotic acid;
(ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone,tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not includinggamma aminobutric acid (GABA);
(gg) 1,4 butanediol;
(hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (2)(a)through (gg);
(ii) Crystal iodine;
(jj) Iodine at concentrations greater than 1.5% by weight in a solution or matrix;
(kk) Red phosphorous, except as provided in Section 58-37c-19.7;
(ll) anhydrous ammonia, except as provided in Section 58-37c-19.9;
(mm) any controlled substance precursor listed under the provisions of the FederalControlled Substances Act which is designated by the director under the emergency listingprovisions set forth in Section 58-37c-14; and
(nn) any chemical which is designated by the director under the emergency listingprovisions set forth in Section 58-37c-14.
(3) "Deliver," "delivery," "transfer," or "furnish" means the actual, constructive, orattempted transfer of a controlled substance precursor.
(4) "Matrix" means something, as a substance, in which something else originates,develops, or is contained.
(5) "Person" means any individual, group of individuals, proprietorship, partnership,joint venture, corporation, or organization of any type or kind.
(6) "Practitioner" means a physician, dentist, podiatric physician, veterinarian,pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, or otherperson licensed, registered, or otherwise permitted to distribute, dispense, conduct research withrespect to, administer, or use in teaching, or chemical analysis a controlled substance in thecourse of professional practice or research in this state.
(7) (a) "Regulated distributor" means a person within the state who provides, sells,furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in aregulated transaction.
(b) "Regulated distributor" does not include any person excluded from regulation underthis chapter.
(8) (a) "Regulated purchaser" means any person within the state who receives a listedcontrolled substance precursor chemical in a regulated transaction.
(b) "Regulated purchaser" does not include any person excluded from regulation underthis chapter.
(9) "Regulated transaction" means any actual, constructive or attempted:
(a) transfer, distribution, delivery, or furnishing by a person within the state to anotherperson 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 anotherperson within or outside the state of a threshold amount of a listed precursor chemical.
(10) "Retail distributor" means a grocery store, general merchandise store, drug store, orother entity or person whose activities as a distributor are limited almost exclusively to sales forpersonal use:
(a) in both number of sales and volume of sales; and
(b) either directly to walk-in customers or in face-to-face transactions by direct sales.
(11) "Threshold amount of a listed precursor chemical" means any amount of acontrolled substance precursor or a specified amount of a controlled substance precursor in amatrix; however, the division may exempt from the provisions of this chapter a specificcontrolled substance precursor in a specific amount and in certain types of transactions whichprovisions for exemption shall be defined by the division by rule adopted pursuant to Title 63G,Chapter 3, Utah Administrative Rulemaking Act.
(12) "Unlawful conduct" as defined in Section 58-1-501 includes knowingly andintentionally:
(a) engaging in a regulated transaction without first being appropriately licensed orexempted from licensure under this chapter;
(b) acting as a regulated distributor and selling, transferring, or in any other wayconveying a controlled substance precursor to a person within the state who is not appropriatelylicensed or exempted from licensure as a regulated purchaser, or selling, transferring, orotherwise conveying a controlled substance precursor to a person outside of the state and failingto report the transaction as required;
(c) acting as a regulated purchaser and purchasing or in any other way obtaining acontrolled substance precursor from a person within the state who is not a licensed regulateddistributor, or purchasing or otherwise obtaining a controlled substance precursor from a personoutside of the state and failing to report the transaction as required;
(d) engaging in a regulated transaction and failing to submit reports and keep requiredrecords of inventories required under the provisions of this chapter or rules adopted pursuant tothis chapter;
(e) making any false statement in any application for license, in any record to be kept, oron any report submitted as required under this chapter;
(f) with the intent of causing the evasion of the recordkeeping or reporting requirementsof this chapter and rules related to this chapter, receiving or distributing any listed controlledsubstance precursor chemical in any manner designed so that the making of records or filing ofreports required under this chapter is not required;
(g) failing to take immediate steps to comply with licensure, reporting, or recordkeepingrequirements of this chapter because of lack of knowledge of those requirements, upon becominginformed of the requirements;
(h) presenting false or fraudulent identification where or when receiving or purchasing alisted controlled substance precursor chemical;
(i) creating a chemical mixture for the purpose of evading any licensure, reporting orrecordkeeping requirement of this chapter or rules related to this chapter, or receiving a chemicalmixture created for that purpose;
(j) if the person is at least 18 years of age, employing, hiring, using, persuading,inducing, enticing, or coercing another person under 18 years of age to violate any provision ofthis chapter, or assisting in avoiding detection or apprehension for any violation of this chapterby any federal, state, or local law enforcement official; and
(k) obtaining or attempting to obtain or to possess any controlled substance precursor orany combination of controlled substance precursors knowing or having a reasonable cause tobelieve that the controlled substance precursor is intended to be used in the unlawful manufactureof any controlled substance.
(13) "Unprofessional conduct" as defined in Section 58-1-102 and as may be furtherdefined by rule includes the following:
(a) violation of any provision of this chapter, the Controlled Substance Act of this stateor any other state, or the Federal Controlled Substance Act; and
(b) refusing to allow agents or representatives of the division or authorized lawenforcement personnel to inspect inventories or controlled substance precursors or records orreports relating to purchases and sales or distribution of controlled substance precursors as suchrecords and reports are required under this chapter.
Amended by Chapter 382, 2008 General Session