Full text of Utah Utah Code § 37c-207 — Possession of ephedrine, pseudoephedrine, or phenylpropanolamine -- Penalties -- Affirmative defense., with citation guidance and answers to common questions.
§ 37c-207. Possession of ephedrine, pseudoephedrine, or phenylpropanolamine -- Penalties -- Affirmative defense.
Effective 5/6/2026
58-37c-207.
Possession of ephedrine, pseudoephedrine, or phenylpropanolamine -- Penalties -- Affirmative defense.
| (1) | A person is guilty of a class A misdemeanor if the person:
| (a) | is not licensed to engage in regulated transactions and is not excepted from licensure; and |
| (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. |
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| (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:
| (a) |
| (i) | is a physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons; and |
| (ii) | possesses the substances in the regular course of lawful business activities; or |
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| (b) | possesses the substance pursuant to a valid prescription as defined in Section 58-37-101. |
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| (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. |
| (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. |
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| (b) | The notice described in Subsection (3)(a)(i) shall include the specifics of the asserted defense. |
| (c) |
| (i) | The defendant shall establish the affirmative defense by a preponderance of the evidence. |
| (ii) | If the defense is established, it is a complete defense to the charges. |
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| (4) | This section does not apply to dietary supplements, herbs, or other natural products, including concentrates or extracts, which:
| (a) | are not otherwise prohibited by law; and |
| (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:
| (i) | are contained in a matrix of organic material; and |
| (ii) | do not exceed 15% of the total weight of the natural product. |
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Renumbered and Amended by Chapter
362, 2026 General Session
Frequently Asked Questions About Utah § 37c-207
What does Utah Code § 37c-207 cover?
Section 37c-207 ("Possession of ephedrine, pseudoephedrine, or phenylpropanolamine -- Penalties -- Affirmative defense.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 37c-207?
A common citation format is "Utah Code § 37c-207" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 37c-207 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
