Utah criminal charge
Unlawful possession of an altered or forged prescription or order for a controlled substance in Utah
Unlawful possession of an altered or forged prescription or order for a controlled substance is a criminal offense under Utah law, defined by Utah Code Ann. § 76-18-213. 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. § 76-18-213.
What is the penalty for unlawful possession of an altered or forged prescription or order for a controlled substance in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (First conviction — A violation of Subsection (2) is a class B misdemeanor when it is the actor's first conviction, absent the enhancement in (3)(b).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (First conviction — A violation of Subsection (2) is a class B misdemeanor when it is the actor's first conviction, absent the enhancement in (3)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Second conviction — A violation of Subsection (2) is a class A misdemeanor when it is the actor's second conviction, absent the enhancement in (3)(b).; 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 (Second conviction — A violation of Subsection (2) is a class A misdemeanor when it is the actor's second conviction, absent the enhancement in (3)(b).; 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 — A violation of Subsection (2) is a third degree felony when it is the actor's third or subsequent conviction, absent the enhancement in (3)(b).; 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 — A violation of Subsection (2) is a third degree felony when it is the actor's third or subsequent conviction, absent the enhancement in (3)(b).; 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 possession of an altered or forged prescription or order for a controlled substance classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First conviction | Class B Misdemeanor | A violation of Subsection (2) is a class B misdemeanor when it is the actor's first conviction, absent the enhancement in (3)(b). | Utah Code Ann. § 76-18-213(3)(a)(i) |
| Second conviction | Class A Misdemeanor | A violation of Subsection (2) is a class A misdemeanor when it is the actor's second conviction, absent the enhancement in (3)(b). | Utah Code Ann. § 76-18-213(3)(a)(ii) |
| Third or subsequent conviction | Third Degree Felony | A violation of Subsection (2) is a third degree felony when it is the actor's third or subsequent conviction, absent the enhancement in (3)(b). | Utah Code Ann. § 76-18-213(3)(a)(iii) |
Common questions about unlawful possession of an altered or forged prescription or order for a controlled substance in Utah
Is unlawful possession of an altered or forged prescription or order for a controlled substance a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful possession of an altered or forged prescription or order for a controlled substance ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-18-213.
First conviction: Class B Misdemeanor (Utah Code Ann. § 76-18-213(3)(a)(i)) · Second conviction: Class A Misdemeanor (Utah Code Ann. § 76-18-213(3)(a)(ii)) · Third or subsequent conviction: Third Degree Felony (Utah Code Ann. § 76-18-213(3)(a)(iii))
What are the penalties for unlawful possession of an altered or forged prescription or order for a controlled substance in Utah?
Penalties for unlawful possession of an altered or forged prescription or order for a controlled substance in Utah depend on how it is classified — from a Class B 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 possession of an altered or forged prescription or order for a controlled substance?
Unlawful possession of an altered or forged prescription or order for a controlled substance is governed by Utah Code Ann. § 76-18-213 (Unlawful possession of an altered or forged prescription or order for 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.