Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 87 (2025GS)

Sponsor

Rep. Gwynn, Matthew H.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates a criminal offense of trafficking of fentanyl or a fentanyl-related substance; and
• makes conforming and technical changes.

Every vote on this bill

Bill text

4
58-37-8
58-37-8.1
58-37-8
58-37-8.1
0
Drug Trafficking Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Brady Brammer
Cosponsor:
Stephanie Gricius
Karen M. Peterson
Nelson T. Abbott
Katy Hall
Michael J. Petersen
Cheryl K. Acton
Jon Hawkins
Thomas W. Peterson
Carl R. Albrecht
Sahara Hayes
Candice B. Pierucci
Tiara Auxier
Sandra Hollins
Calvin Roberts
Melissa G. Ballard
Ken Ivory
Angela Romero
Stewart E. Barlow
Colin W. Jack
Jake Sawyer
Gay Lynn Bennion
Michael L. Kohler
Mike Schultz
Bridger Bolinder
Jason B. Kyle
David Shallenberger
Walt Brooks
Trevor Lee
Troy Shelley
Jefferson S. Burton
Karianne Lisonbee
Lisa Shepherd
Kristen Chevrier
Matt MacPherson
Rex P. Shipp
Scott H. Chew
A. Cory Maloy
Andrew Stoddard
Kay J. Christofferson
Ashlee Matthews
Mark A. Strong
Tyler Clancy
Verona Mauga
Jordan D. Teuscher
Paul A. Cutler
Tracy J. Miller
Jason E. Thompson
Jennifer Dailey-Provost
Logan J. Monson
R. Neil Walter
Ariel Defay
Carol S. Moss
Raymond P. Ward
Rosalba Dominguez
Jefferson Moss
Christine F. Watkins
James A. Dunnigan
Hoang Nguyen
Douglas R. Welton
Steve Eliason
Clinton D. Okerlund
Stephen L. Whyte
Joseph Elison
Doug Owens
Ryan D. Wilcox
Doug Fiefia
Nicholeen P. Peck
LONG TITLE
General Description:
This bill addresses the trafficking of certain controlled substances.
Highlighted Provisions:
This bill:
creates a criminal offense of 
trafficking of fentanyl or a fentanyl-related substance; and
makes conforming and technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-37-8
, as last amended by Laws of Utah 2024, Chapter 105
ENACTS:
58-37-8.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
58-37-8
 is amended to read:
58-37-8
. Prohibited acts -- Penalties.
(1)
Prohibited acts A -- Penalties and reporting:
(a)
Except as authorized by this chapter, 
and under circumstances not amounting to an 
offense described in Section 
58-37-8.1
, trafficking of fentanyl or a fentanyl-related 
substance, 
it is unlawful for a person to knowingly and intentionally:
(i)
produce, manufacture, or dispense, or to possess with intent to produce, 
manufacture, or dispense, a controlled or counterfeit substance;
(ii)
distribute a controlled or counterfeit substance, or to agree, consent, offer, or 
arrange to distribute a controlled or counterfeit substance;
(iii)
possess a controlled or counterfeit substance with intent to distribute; or
(iv)
engage in a continuing criminal enterprise where:
(A)
the person participates, directs, or engages in conduct that results in a 
violation of this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 
37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled 
Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a 
felony; and
(B)
the violation is a part of a continuing series of two or more violations of this 
chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation 
Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor 
Act, or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are 
undertaken in concert with five or more persons with respect to whom the 
person occupies a position of organizer, supervisor, or any other position of 
management.
(b)
A person convicted of violating Subsection (1)(a) with respect to:
(i)
a substance or a counterfeit of a substance classified in Schedule I or II, a 
controlled substance analog, or gammahydroxybutyric acid as listed in Schedule 
III is guilty of a second degree felony, punishable by imprisonment for not more 
than 15 years, and upon a second or subsequent conviction is guilty of a first 
degree felony;
(ii)
a substance or a counterfeit of a substance classified in Schedule III or IV, or 
marijuana, or a substance listed in Section 
58-37-4.2
 is guilty of a third degree 
felony, and upon a second or subsequent conviction is guilty of a second degree 
felony; or
(iii)
a substance or a counterfeit of a substance classified in Schedule V is guilty of a 
class A misdemeanor and upon a second or subsequent conviction is guilty of a 
third degree felony.
(c)
(i)
Except as provided in Subsection (1)(c)(ii), a person who has been convicted of 
a violation of Subsection (1)(a)(ii) or (iii) may be sentenced to imprisonment for 
an indeterminate term as described in Subsection (1)(b) and 
Title 76, Chapter 3, 
Punishments
.
(ii)
The court shall impose an indeterminate prison term for a person who has been 
convicted of a violation of Subsection (1)(a)(ii) or (iii) that is a first degree felony 
or a second degree felony if the trier of fact finds beyond a reasonable doubt that, 
during the commission or furtherance of the violation, the person intentionally or 
knowingly:
(A)
used, drew, or exhibited a dangerous weapon, as that term is defined in 
Section 
76-10-501
, that is not a firearm, in an angry, threatening, intimidating, 
or coercive manner;
(B)
used a firearm or had a firearm readily accessible for immediate use, as those 
terms are defined in Section 
76-10-501
; or
(C)
distributed a firearm, as that term is defined in Section 
76-10-501
, or 
possessed a firearm with intent to distribute the firearm.
(iii)
Notwithstanding Subsection (1)(c)(ii), a court may suspend the indeterminate 
prison term for a person convicted under Subsection (1)(c)(ii) if the court:
(A)
details on the record the reasons why it is in the interests of justice not to 
impose the indeterminate prison term;
(B)
makes a finding on the record that the person does not pose a significant 
safety risk to the public; and
(C)
orders the person to complete the terms and conditions of supervised 
probation provided by the Department of Corrections.
(d)
(i)
A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree 
felony punishable by imprisonment for an indeterminate term of not less than:
(A)
seven years and which may be for life; or
(B)
15 years and which may be for life if the trier of fact determined that the 
defendant knew or reasonably should have known that any subordinate under 
Subsection (1)(a)(iv)(B) was under 18 years old.
(ii)
Imposition or execution of the sentence may not be suspended, and the person is 
not eligible for probation.
(iii)
Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the 
offense, was under 18 years old.
(e)
The Administrative Office of the Courts shall report to the Division of Professional 
Licensing the name, case number, date of conviction, and if known, the date of birth 
of each person convicted of violating Subsection (1)(a).
(2)
Prohibited acts B -- Penalties and reporting:
(a)
It is unlawful:
(i)
for a person knowingly and intentionally to possess or use a controlled substance 
analog or a controlled substance, unless it was obtained under a valid prescription 
or order, directly from a practitioner while acting in the course of the person's 
professional practice, or as otherwise authorized by this chapter;
(ii)
for an owner, tenant, licensee, or person in control of a building, room, tenement, 
vehicle, boat, aircraft, or other place knowingly and intentionally to permit them 
to be occupied by persons unlawfully possessing, using, or distributing controlled 
substances in any of those locations; or
(iii)
for a person knowingly and intentionally to possess an altered or forged 
prescription or written order for a controlled substance.
(b)
A person convicted of violating Subsection (2)(a)(i) with respect to:
(i)
marijuana, if the amount is 100 pounds or more, is guilty of a second degree 
felony; or
(ii)
a substance classified in Schedule I or II, or a controlled substance analog, is 
guilty of a class A misdemeanor on a first or second conviction, and on a third or 
subsequent conviction if each prior offense was committed within seven years 
before the date of the offense upon which the current conviction is based is guilty 
of a third degree felony.
(c)
Upon a person's conviction of a violation of this Subsection (2) subsequent to a 
conviction under Subsection (1)(a), that person shall be sentenced to a one degree 
greater penalty than provided in this Subsection (2).
(d)
A person who violates Subsection (2)(a)(i) with respect to all other controlled 
substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in 
Section 
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor.
(i)
Upon a third conviction the person is guilty of a class A misdemeanor, if each 
prior offense was committed within seven years before the date of the offense 
upon which the current conviction is based.
(ii)
Upon a fourth or subsequent conviction the person is guilty of a third degree 
felony if each prior offense was committed within seven years before the date of 
the offense upon which the current conviction is based.
(e)
A person convicted of violating Subsection (2)(a)(i) while inside the exterior 
boundaries of property occupied by a correctional facility as defined in Section 
64-13-1
 or a public jail or other place of confinement shall be sentenced to a penalty 
one degree greater than provided in Subsection (2)(b), and if the conviction is with 
respect to controlled substances as listed in:
(i)
Subsection (2)(b), the person may be sentenced to imprisonment for an 
indeterminate term as provided by law, and:
(A)
the court shall additionally sentence the person convicted to a term of one year 
to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate 
term not to exceed five years to run consecutively and not concurrently; and
(ii)
Subsection (2)(d), the person may be sentenced to imprisonment for an 
indeterminate term as provided by law, and the court shall additionally sentence 
the person convicted to a term of six months to run consecutively and not 
concurrently.
(f)
A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
(i)
on a first conviction, guilty of a class B misdemeanor;
(ii)
on a second conviction, guilty of a class A misdemeanor; and
(iii)
on a third or subsequent conviction, guilty of a third degree felony.
(g)
The Administrative Office of the Courts shall report to the Division of Professional 
Licensing the name, case number, date of conviction, and if known, the date of birth 
of each person convicted of violating Subsection (2)(a).
(3)
Prohibited acts C -- Penalties:
(a)
It is unlawful for a person knowingly and intentionally:
(i)
to use in the course of the manufacture or distribution of a controlled substance a 
license number which is fictitious, revoked, suspended, or issued to another 
person or, for the purpose of obtaining a controlled substance, to assume the title 
of, or represent oneself to be, a manufacturer, wholesaler, apothecary, physician, 
dentist, veterinarian, or other authorized person;
(ii)
to acquire or obtain possession of, to procure or attempt to procure the 
administration of, to obtain a prescription for, to prescribe or dispense to a person 
known to be attempting to acquire or obtain possession of, or to procure the 
administration of a controlled substance by misrepresentation or failure by the 
person to disclose receiving a controlled substance from another source, fraud, 
forgery, deception, subterfuge, alteration of a prescription or written order for a 
controlled substance, or the use of a false name or address;
(iii)
to make a false or forged prescription or written order for a controlled substance, 
or to utter the same, or to alter a prescription or written order issued or written 
under the terms of this chapter; or
(iv)
to make, distribute, or possess a punch, die, plate, stone, or other thing designed 
to print, imprint, or reproduce the trademark, trade name, or other identifying 
mark, imprint, or device of another or any likeness of any of the foregoing upon 
any drug or container or labeling so as to render a drug a counterfeit controlled 
substance.
(b)
(i)
A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A 
misdemeanor.
(ii)
A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third 
degree felony.
(c)
A violation of Subsection (3)(a)(iv) is a third degree felony.
(4)
Prohibited acts D -- Penalties:
(a)
Notwithstanding other provisions of this section, a person not authorized under this 
chapter who commits any act that is unlawful under Subsection (1)(a) or Section 
58-37b-4
 is upon conviction subject to the penalties and classifications under this 
Subsection (4) if the trier of fact finds the act is committed:
(i)
in a public or private elementary or secondary school or on the grounds of any of 
those schools during the hours of 6 a.m. through 10 p.m.;
(ii)
in a public or private vocational school or postsecondary institution or on the 
grounds of any of those schools or institutions during the hours of 6 a.m. through 
10 p.m.;
(iii)
in or on the grounds of a preschool or child-care facility during the preschool's or 
facility's hours of operation;
(iv)
in a public park, amusement park, arcade, or recreation center when the public or 
amusement park, arcade, or recreation center is open to the public;
(v)
in or on the grounds of a house of worship as defined in Section 
76-10-501
;
(vi)
in or on the grounds of a library when the library is open to the public;
(vii)
within an area that is within 100 feet of any structure, facility, or grounds 
included in Subsections (4)(a)(i) through (vi);
(viii)
in the presence of a person younger than 18 years old, regardless of where the 
act occurs; or
(ix)
for the purpose of facilitating, arranging, or causing the transport, delivery, or 
distribution of a substance in violation of this section to an inmate or on the 
grounds of a correctional facility as defined in Section 
76-8-311.3
.
(b)
(i)
A person convicted under this Subsection (4) is guilty of a first degree felony 
and shall be imprisoned for a term of not less than five years if the penalty that 
would otherwise have been established but for this Subsection (4) would have 
been a first degree felony.
(ii)
Imposition or execution of the sentence may not be suspended, and the person is 
not eligible for probation.
(c)
If the classification that would otherwise have been established would have been less 
than a first degree felony but for this Subsection (4), a person convicted under this 
Subsection (4) is guilty of one degree more than the maximum penalty prescribed for 
that offense.
(d)
(i)
If the violation is of Subsection (4)(a)(ix):
(A)
the person may be sentenced to imprisonment for an indeterminate term as 
provided by law, and the court shall additionally sentence the person convicted 
for a term of one year to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate 
term not to exceed five years to run consecutively and not concurrently; and
(ii)
the penalties under this Subsection (4)(d) apply also to a person who, acting with 
the mental state required for the commission of an offense, directly or indirectly 
solicits, requests, commands, coerces, encourages, or intentionally aids another 
person to commit a violation of Subsection (4)(a)(ix).
(e)
It is not a defense to a prosecution under this Subsection (4) that:
(i)
the actor mistakenly believed the individual to be 18 years old or older at the time 
of the offense or was unaware of the individual's true age; or
(ii)
the actor mistakenly believed that the location where the act occurred was not as 
described in Subsection (4)(a) or was unaware that the location where the act 
occurred was as described in Subsection (4)(a).
(5)
A violation of this chapter for which no penalty is specified is a class B misdemeanor.
(6)
(a)
For purposes of penalty enhancement under Subsections (1) and (2), a plea of 
guilty or no contest to a violation or attempted violation of this section or a plea 
which is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the 
equivalent of a conviction, even if the charge has been subsequently reduced or 
dismissed in accordance with the plea in abeyance agreement.
(b)
A prior conviction used for a penalty enhancement under Subsection (2) shall be a 
conviction that is:
(i)
from a separate criminal episode than the current charge; and
(ii)
from a conviction that is separate from any other conviction used to enhance the 
current charge.
(7)
A person may be charged and sentenced for a violation of this section, notwithstanding 
a charge and sentence for a violation of any other section of this chapter.
(8)
(a)
A penalty imposed for violation of this section is in addition to, and not in lieu of, 
a civil or administrative penalty or sanction authorized by law.
(b)
When a violation of this chapter violates a federal law or the law of another state, 
conviction or acquittal under federal law or the law of another state for the same act 
is a bar to prosecution in this state.
(9)
In any prosecution for a violation of this chapter, evidence or proof that shows a person 
or persons produced, manufactured, possessed, distributed, or dispensed a controlled 
substance or substances, is prima facie evidence that the person or persons did so with 
knowledge of the character of the substance or substances.
(10)
This section does not prohibit a veterinarian, in good faith and in the course of the 
veterinarian's professional practice only and not for humans, from prescribing, 
dispensing, or administering controlled substances or from causing the substances to be 
administered by an assistant or orderly under the veterinarian's direction and supervision.
(11)
Civil or criminal liability may not be imposed under this section on:
(a)
a person registered under this chapter who manufactures, distributes, or possesses an 
imitation controlled substance for use as a placebo or investigational new drug by a 
registered practitioner in the ordinary course of professional practice or research;
(b)
a law enforcement officer acting in the course and legitimate scope of the officer's 
employment;
or
(c)
a healthcare facility, substance use harm reduction services program, or drug 
addiction treatment facility that temporarily possesses a controlled or counterfeit 
substance to conduct a test or analysis on the controlled or counterfeit substance to 
identify or analyze the strength, effectiveness, or purity of the substance for a public 
health or safety reason.
(12)
(a)
Civil or criminal liability may not be imposed under this section on any Indian, 
as defined in Section 
58-37-2
, who uses, possesses, or transports peyote for bona fide 
traditional ceremonial purposes in connection with the practice of a traditional Indian 
religion as defined in Section 
58-37-2
.
(b)
In a prosecution alleging violation of this section regarding peyote as defined in 
Section 
58-37-4
, it is an affirmative defense that the peyote was used, possessed, or 
transported by an Indian for bona fide traditional ceremonial purposes in connection 
with the practice of a traditional Indian religion.
(c)
(i)
The defendant shall provide written notice of intent to claim an affirmative 
defense under this Subsection (12) as soon as practicable, but not later than 10 
days before trial.
(ii)
The notice shall include the specific claims of the affirmative defense.
(iii)
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.
(d)
The defendant shall establish the affirmative defense under this Subsection (12) by a 
preponderance of the evidence. If the defense is established, it is a complete defense 
to the charges.
(13)
(a)
It is an affirmative defense that the person produced, possessed, or administered 
a controlled substance listed in Section 
58-37-4.2
 if the person was:
(i)
engaged in medical research; and
(ii)
a holder of a valid license to possess controlled substances under Section 
58-37-6
.
(b)
It is not a defense under Subsection (13)(a) that the person prescribed or dispensed a 
controlled substance listed in Section 
58-37-4.2
.
(14)
It is an affirmative defense that the person possessed, in the person's body, a controlled 
substance listed in Section 
58-37-4.2
 if:
(a)
the person was the subject of medical research conducted by a holder of a valid 
license to possess controlled substances under Section 
58-37-6
; and
(b)
the substance was administered to the person by the medical researcher.
(15)
The application of any increase in penalty under this section to a violation of 
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. 
This Subsection (15) takes precedence over any conflicting provision of this section.
(16)
(a)
It is an affirmative defense to an allegation of the commission of an offense 
listed in Subsection (16)(b) that the person or bystander:
(i)
reasonably believes that the person or another person is experiencing an overdose 
event due to the ingestion, injection, inhalation, or other introduction into the 
human body of a controlled substance or other substance;
(ii)
reports, or assists a person who reports, in good faith the overdose event to a 
medical provider, an emergency medical service provider as defined in Section 
53-2d-101
, a law enforcement officer, a 911 emergency call system, or an 
emergency dispatch system, or the person is the subject of a report made under 
this Subsection (16);
(iii)
provides in the report under Subsection (16)(a)(ii) a functional description of the 
actual location of the overdose event that facilitates responding to the person 
experiencing the overdose event;
(iv)
remains at the location of the person experiencing the overdose event until a 
responding law enforcement officer or emergency medical service provider 
arrives, or remains at the medical care facility where the person experiencing an 
overdose event is located until a responding law enforcement officer arrives;
(v)
cooperates with the responding medical provider, emergency medical service 
provider, and law enforcement officer, including providing information regarding 
the person experiencing the overdose event and any substances the person may 
have injected, inhaled, or otherwise introduced into the person's body; and
(vi)
is alleged to have committed the offense in the same course of events from which 
the reported overdose arose.
(b)
The offenses referred to in Subsection (16)(a) are:
(i)
the possession or use of less than 16 ounces of marijuana;
(ii)
the possession or use of a scheduled or listed controlled substance other than 
marijuana; and
(iii)
any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b, 
Imitation Controlled Substances Act.
(c)
As used in this Subsection (16) and in Section 
76-3-203.11
, "good faith" does not 
include seeking medical assistance under this section during the course of a law 
enforcement agency's execution of a search warrant, execution of an arrest warrant, 
or other lawful search.
(17)
If any provision of this chapter, or the application of any provision to any person or 
circumstances, is held invalid, the remainder of this chapter shall be given effect without 
the invalid provision or application.
(18)
A legislative body of a political subdivision may not enact an ordinance that is less 
restrictive than any provision of this chapter.
(19)
If a minor who is under 18 years old is found by a court to have violated this section or 
Subsection 
76-5-102.1
(2)(b) or 
76-5-207
(2)(b), the court may order the minor to 
complete:
(a)
a screening as defined in Section 
41-6a-501
;
(b)
an assessment as defined in Section 
41-6a-501
 if the screening indicates an 
assessment to be appropriate; and
(c)
an educational series as defined in Section 
41-6a-501
 or substance use disorder 
treatment as indicated by an assessment.
Section 2, Section 
58-37-8.1
 is enacted to read:
58-37-8.1
. Trafficking of fentanyl or a fentanyl-related substance.
(1)
As used in this section:
(a)
"Fentanyl-related substance" means a derivative or analog of fentanyl including:
(i)
carfentanil;
(ii)
sufentanil;
(iii)
alfentanil; or
(iv)
a fentanyl-related substance that is a controlled substance as described in Section 
58-37-3
.
(b)
"Trafficking amount of fentanyl or a fentanyl-related substance" means 100 grams or 
more of any composition or mixture, including pills, that contains any quantity of 
fentanyl or a fentanyl-related substance.
(2)
A person commits trafficking of fentanyl or a fentanyl-related substance if the person 
intentionally:
(a)
produces, manufactures, or dispenses a trafficking amount of fentanyl or a 
fentanyl-related substance;
(b)
distributes a trafficking amount of fentanyl or a fentanyl-related substance;
(c)
agrees, consents, offers, or arranges to distribute a trafficking amount of fentanyl or a 
fentanyl-related substance; or
(d)
possesses a trafficking amount of fentanyl or a fentanyl-related substance with the 
intent to distribute the fentanyl or fentanyl-related substance.
(3)
A violation of Subsection 
(2)
 is a first degree felony.
(4)
Except as provided in Subsection (5) or (6), a court may not grant probation, suspend 
the execution or imposition of the sentence, order hospitalization, or enter a judgment 
for a lower category of offense under Section 
76-3-402
, if the effect of which would in 
any way shorten the person's required indeterminate prison sentence, when:
(a)
sentencing a person for a violation described in Subsection (3);
(b)
sentencing a person for a conviction of an attempt to commit trafficking of fentanyl 
or a fentanyl-related substance in accordance with Section 
76-4-102
; or
(c)
sentencing a person who has had the first degree felony classified in Subsection 
(3)
reduced one degree by a prosecuting attorney in accordance with Section 
77-2-2.3
.
(5)
A court may suspend the execution or imposition of a prison sentence under Subsection 
(4)
 if the court:
(a)
makes a finding on the record that:
(i)
details why it is in the interests of justice not to execute or impose the prison 
sentence; and
(ii)
the actor does not pose a significant safety risk to the general public; and
(b)
orders the actor to complete the terms and conditions of probation that is supervised 
by the Division of Adult Probation and Parole.
(6)
Subsection (4) does not apply if the sentencing court finds that the person:
(a)
was under 18 years old at the time of the offense; and
(b)
could have been adjudicated in the juvenile court but for the delayed reporting or 
delayed filing of the information.
Section 3. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-6-25 5:05 PM