Section 9.25.030 Possession of Synthetic Marijuana

Chapter 9.25 Synthetic Marijuana and Intoxicating Substances

A. It shall be unlawful for any person, including a corporation or other entity, to manufacture, distribute, or possess any synthetic marijuana, including their salts, isomers, homologues and salts of their isomers and homologues:

B. Violation of Subsection “A” is a class B misdemeanor with a minimum fine of $795.

C. If any law enforcement officials have probable cause that a substance is synthetic marijuana, including their salts, isomers, homologues and salts of their isomers and homologues, it may be confiscated and destroyed by those law enforcement officials.

D. Exceptions

1. This Section does not apply to the use, distribution, or sale of any substances lawfully prescribed for medical or dental purposes.

2. Nothing in this Section shall be construed to include any controlled substance regulated by the provisions of Title 58, Chapter 37, Utah Controlled Substances Act.

3. Nothing in this Section shall be construed to include any substance regulated by the provisions of Title 32B, Utah Alcoholic Beverage Control Act.

4. Nothing in this Section shall be construed to include any substance regulated by the provisions of Title 76, Chapter 10, Statutes 101 through 112 inclusive.

5. It is not an offense under Subsection A of this Section if the person was acting at the direction of an authorized law enforcement official to enforce or ensure compliance with this chapter.

(2010-11, Added, 10/21/2010)