Utah criminal charge
Unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance in Utah
Unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance is a criminal offense under Utah law, defined by Utah Code Ann. § 76-18-209. 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. § 76-18-209.
What is the penalty for unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Schedule I or II (excluding marijuana), controlled substance analog, or GHB — first offense — The controlled or counterfeit substance is a Schedule I or II substance (not marijuana), a controlled substance analog, or gammahydroxybutyric acid listed in Schedule III, on a first violation.; 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 $10,000 (Schedule I or II (excluding marijuana), controlled substance analog, or GHB — first offense — The controlled or counterfeit substance is a Schedule I or II substance (not marijuana), a controlled substance analog, or gammahydroxybutyric acid listed in Schedule III, on a first violation.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Schedule III or IV, marijuana, or Section 58-37-109 substance — first offense — The controlled or counterfeit substance is a Schedule III or IV substance, marijuana, or a substance listed in Section 58-37-109, on a first violation.; 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 (Schedule III or IV, marijuana, or Section 58-37-109 substance — first offense — The controlled or counterfeit substance is a Schedule III or IV substance, marijuana, or a substance listed in Section 58-37-109, on a first violation.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Schedule V substance — first offense — The controlled or counterfeit substance is classified in Schedule V, on a first violation.; 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 (Schedule V substance — first offense — The controlled or counterfeit substance is classified in Schedule V, on a first violation.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Schedule I/II, analog, or GHB — second or subsequent conviction — A second or subsequent conviction of a violation that would otherwise be classified under Subsection (3)(a)(i).; indeterminate prison term of not less than five years and which may be for life, 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 $10,000 (Schedule I/II, analog, or GHB — second or subsequent conviction — A second or subsequent conviction of a violation that would otherwise be classified under Subsection (3)(a)(i).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Schedule III/IV, marijuana, or 58-37-109 substance — second or subsequent conviction — A second or subsequent conviction of a violation that would otherwise be classified under Subsection (3)(a)(ii).; 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 $10,000 (Schedule III/IV, marijuana, or 58-37-109 substance — second or subsequent conviction — A second or subsequent conviction of a violation that would otherwise be classified under Subsection (3)(a)(ii).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Schedule V substance — second or subsequent conviction — A second or subsequent conviction of a violation that would otherwise be classified under Subsection (3)(a)(iii).; 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 (Schedule V substance — second or subsequent conviction — A second or subsequent conviction of a violation that would otherwise be classified under Subsection (3)(a)(iii).; 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 unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Schedule I or II (excluding marijuana), controlled substance analog, or GHB — first offense | Second Degree Felony | The controlled or counterfeit substance is a Schedule I or II substance (not marijuana), a controlled substance analog, or gammahydroxybutyric acid listed in Schedule III, on a first violation. | Utah Code Ann. § 76-18-209(3)(a)(i) |
| Schedule III or IV, marijuana, or Section 58-37-109 substance — first offense | Third Degree Felony | The controlled or counterfeit substance is a Schedule III or IV substance, marijuana, or a substance listed in Section 58-37-109, on a first violation. | Utah Code Ann. § 76-18-209(3)(a)(ii) |
| Schedule V substance — first offense | Class A Misdemeanor | The controlled or counterfeit substance is classified in Schedule V, on a first violation. | Utah Code Ann. § 76-18-209(3)(a)(iii) |
| Schedule I/II, analog, or GHB — second or subsequent conviction | First Degree Felony | A second or subsequent conviction of a violation that would otherwise be classified under Subsection (3)(a)(i). | Utah Code Ann. § 76-18-209(3)(b)(i) |
| Schedule III/IV, marijuana, or 58-37-109 substance — second or subsequent conviction | Second Degree Felony | A second or subsequent conviction of a violation that would otherwise be classified under Subsection (3)(a)(ii). | Utah Code Ann. § 76-18-209(3)(b)(ii) |
| Schedule V substance — second or subsequent conviction | Third Degree Felony | A second or subsequent conviction of a violation that would otherwise be classified under Subsection (3)(a)(iii). | Utah Code Ann. § 76-18-209(3)(b)(iii) |
Common questions about unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance in Utah
Is unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance ranges from a Class A Misdemeanor to a First Degree Felony in Utah under Utah Code Ann. § 76-18-209.
Schedule I or II (excluding marijuana), controlled substance analog, or GHB — first offense: Second Degree Felony (Utah Code Ann. § 76-18-209(3)(a)(i)) · Schedule III or IV, marijuana, or Section 58-37-109 substance — first offense: Third Degree Felony (Utah Code Ann. § 76-18-209(3)(a)(ii)) · Schedule V substance — first offense: Class A Misdemeanor (Utah Code Ann. § 76-18-209(3)(a)(iii)) · Schedule I/II, analog, or GHB — second or subsequent conviction: First Degree Felony (Utah Code Ann. § 76-18-209(3)(b)(i)) · Schedule III/IV, marijuana, or 58-37-109 substance — second or subsequent conviction: Second Degree Felony (Utah Code Ann. § 76-18-209(3)(b)(ii)) · Schedule V substance — second or subsequent conviction: Third Degree Felony (Utah Code Ann. § 76-18-209(3)(b)(iii))
What are the penalties for unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance in Utah?
Penalties for unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance in Utah depend on how it is classified — from a Class A Misdemeanor up to a First Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance?
Unlawfully distributing or agreeing to distribute a controlled substance or counterfeit substance is governed by Utah Code Ann. § 76-18-209 (Unlawfully distributing or agreeing to distribute a controlled substance or counterfeit 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.