Utah criminal charge
Unlawful conduct to obtain a controlled substance in Utah
Unlawful conduct to obtain a controlled substance is a criminal offense under Utah law, defined by Utah Code Ann. § 76-18-216. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-18-216.
What is the penalty for unlawful conduct to obtain a controlled substance in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | First or second conviction — Applies when the violation of Subsection (2) is a first or second conviction.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (First or second conviction — Applies when the violation of Subsection (2) is a first or second conviction.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Third or subsequent conviction — Applies when the violation of Subsection (2) is a third or subsequent conviction.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Third or subsequent conviction — Applies when the violation of Subsection (2) is a third or subsequent conviction.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is unlawful conduct to obtain a controlled substance classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First or second conviction | Class A Misdemeanor | Applies when the violation of Subsection (2) is a first or second conviction. | Utah Code Ann. § 76-18-216(3)(a) |
| Third or subsequent conviction | Third Degree Felony | Applies when the violation of Subsection (2) is a third or subsequent conviction. | Utah Code Ann. § 76-18-216(3)(b) |
Common questions about unlawful conduct to obtain a controlled substance in Utah
Is unlawful conduct to obtain a controlled substance a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful conduct to obtain a controlled substance ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-18-216.
First or second conviction: Class A Misdemeanor (Utah Code Ann. § 76-18-216(3)(a)) · Third or subsequent conviction: Third Degree Felony (Utah Code Ann. § 76-18-216(3)(b))
What are the penalties for unlawful conduct to obtain a controlled substance in Utah?
Penalties for unlawful conduct to obtain a controlled substance in Utah depend on how it is classified — from a Class A Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers unlawful conduct to obtain a controlled substance?
Unlawful conduct to obtain a controlled substance is governed by Utah Code Ann. § 76-18-216 (Unlawful conduct to obtain a controlled substance).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.