(1) A person engaged in a regulated transaction under this chapter shall hold a controlled substance precursor license issued under Section 58-37c-7, unless excepted from licensure under this chapter.
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Terms Used In Utah Code 58-37c-8

  • Controlled substance precursor: includes a chemical reagent and means any of the following:
         (1)(a) Phenyl-2-propanone;
         (1)(b) Methylamine;
         (1)(c) Ethylamine;
         (1)(d) D-lysergic acid;
         (1)(e) Ergotamine and its salts;
         (1)(f) Diethyl malonate;
         (1)(g) Malonic acid;
         (1)(h) Ethyl malonate;
         (1)(i) Barbituric acid;
         (1)(j) Piperidine and its salts;
         (1)(k) N-acetylanthranilic acid and its salts;
         (1)(l) Pyrrolidine;
         (1)(m) Phenylacetic acid and its salts;
         (1)(n) Anthranilic acid and its salts;
         (1)(o) Morpholine;
         (1)(p) Ephedrine;
         (1)(q) Pseudoephedrine;
         (1)(r) Norpseudoephedrine;
         (1)(s) Phenylpropanolamine;
         (1)(t) Benzyl cyanide;
         (1)(u) Ergonovine and its salts;
         (1)(v) 3,4-Methylenedioxyphenyl-2-propanone;
         (1)(w) propionic anhydride;
         (1)(x) Insosafrole;
         (1)(y) Safrole;
         (1)(z) Piperonal;
         (1)(aa) N-Methylephedrine;
         (1)(bb) N-ethylephedrine;
         (1)(cc) N-methylpseudoephedrine;
         (1)(dd) N-ethylpseudoephedrine;
         (1)(ee) Hydriotic acid;
         (1)(ff) gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);
         (1)(gg) 1,4 butanediol;
         (1)(hh) any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg);
         (1)(ii) Crystal iodine;
         (1)(jj) Iodine at concentrations greater than 1. See Utah Code 58-37c-3
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Man: means an adult human male. See Utah Code 68-3-12.5
  • Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3
  • Practitioner: means a physician, physician assistant, dentist, podiatric physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37c-3
  • Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3
  • Regulated transaction: means any actual, constructive or attempted:
         (8)(a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or
         (8)(b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3
(2) The division shall:

     (2)(a) establish the form of application for a license, the requirements for licensure, and fees for initial licensure and renewal; and
     (2)(b) identify required information to be contained in the application as a condition of licensure.
(3) A practitioner who holds a Utah Controlled Substance License and a Controlled Substance Registration issued by the Drug Enforcement Administration of the U.S. Government is excepted from licensure under this chapter.
(4) The purchase, sale, transfer, furnishing, or receipt of a drug intended for lawful use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, if the drug is lawfully purchased, sold, transferred, or furnished as an over-the-counter medication without prescription pursuant to the federal Food, Drug and Cosmetic Act, 21 USC, Sec. 301 et seq., or regulations adopted under that act, are excepted from licensure, reporting, and recordkeeping under this chapter, except that products containing ephedrine, pseudoephedrine, or phenylpropanolamine are subject to Section 58-37c-20.5.
(5) The purchase, sale, transfer, receipt, or manufacture of dietary supplements, vitamins, minerals, herbs, or other similar substances, including concentrates or extracts, which are not otherwise prohibited by law, and which may contain naturally occurring amounts of chemicals or substances listed in this chapter, or in rules adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, are exempt from licensure under this chapter.
(6) A purchaser of two ounces or less of crystal iodine in a single transaction is not required to be licensed as a regulated purchaser if the transaction complies with Section 58-37c-18.
(7) The purchase, sale, transfer, receipt, or manufacture of a product that contains a precursor chemical listed in Subsection 58-37c-3(1)(ff) or (gg) and that is not intended for human consumption is exempt from licensure or regulation and is not subject to criminal penalties under this chapter.

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