Utah statute
Utah Code Ann. § 58-37c-207 — Possession of ephedrine, pseudoephedrine, or phenylpropanolamine - Penalties - Affirmative defense.
Current through 2026 General Session
Part of Part 2: Provisions Concerning Specific Precursors, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 58-37c-207
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1) A person is guilty of a class A misdemeanor if the person: (1)(a) is not licensed to engage in regulated transactions and is not excepted from licensure; and (1)(b) under circumstances not amounting to a violation of Subsection 58-37c-101(11)(k) or 76-18-506(2)(a), possesses more than 9 grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any of these substances. (2) It is an affirmative defense to a charge under Subsection (1) that the person in possession of ephedrine, pseudoephedrine, phenylpropanolamine, or a combination of these substances: (2)(a)(i) is a physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons; and (2)(a)(ii) possesses the substances in the regular course of lawful business activities; or (2)(b) possesses the substance pursuant to a valid prescription as defined in Section 58-37-101. (3)(a)(i) A defendant shall provide written notice of intent to claim an affirmative defense under this section as soon as practicable, but not later than 10 days prior to trial. (3)(a)(ii) The court may waive the notice requirement in the interest of justice for good cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice. (3)(b) The notice described in Subsection (3)(a)(i) shall include the specifics of the asserted defense. (3)(c)(i) The defendant shall establish the affirmative defense by a preponderance of the evidence. (3)(c)(ii) If the defense is established, it is a complete defense to the charges. (4) This section does not apply to dietary supplements, herbs, or other natural products, including concentrates or extracts, which: (4)(a) are not otherwise prohibited by law; and (4)(b) may contain naturally occurring ephedrine, ephedrine alkaloids, or pseudoephedrine, or their salts, isomers, or salts of isomers, or a combination of these substances, that: (4)(b)(i) are contained in a matrix of organic material; and (4)(b)(ii) do not exceed 15% of the total weight of the natural product.
Official sources
Legal terms used in this section
Questions this section answers
Is possession of ephedrine, pseudoephedrine, or phenylpropanolamine a felony or a misdemeanor in Utah?
Possession of ephedrine, pseudoephedrine, or phenylpropanolamine is a Class A Misdemeanor in Utah under Utah Code Ann. § 58-37c-207.
Which Utah statute covers possession of ephedrine, pseudoephedrine, or phenylpropanolamine?
Possession of ephedrine, pseudoephedrine, or phenylpropanolamine is governed by Utah Code Ann. § 58-37c-207 (Possession of ephedrine, pseudoephedrine, or phenylpropanolamine - Penalties - Affirmative defense).
This reference is informational and is not legal advice.