Utah § 76-18-212 - Unlawfully allowing possession, use, or distribution of a controlled substance on the premises.

Full text of Utah Utah Code § 76-18-212 — Unlawfully allowing possession, use, or distribution of a controlled substance on the premises., with citation guidance and answers to common questions.

§ 76-18-212. Unlawfully allowing possession, use, or distribution of a controlled substance on the premises.

Effective 5/6/2026
76-18-212.  Unlawfully allowing possession, use, or distribution of a controlled substance on the premises.
(1)Terms defined in Sections 58-37-101, 76-1-101.5, 76-18-101, and 76-18-201 apply to this section.
(2)An actor commits unlawfully allowing possession, use, or distribution of a controlled substance on the premises if the actor:
(a)is an owner, tenant, licensee, or person in control of a building, room, tenement, vehicle, boat, aircraft, or other place; and
(b)knowingly and intentionally permits a person to occupy the building, room, tenement, vehicle, boat, aircraft, or other place while the person is unlawfully manufacturing, possessing, using, or distributing a controlled substance at or in the building, room, tenement, vehicle, boat, aircraft, or other place.
(3)
(a)Subject to Subsection (3)(b), a violation of Subsection (2) is:
(i)a class B misdemeanor on a first conviction;
(ii)a class A misdemeanor on a second conviction; or
(iii)a third degree felony on a third or subsequent conviction.
(b)Upon an actor's conviction of a violation of this section, if the actor has previously been convicted of a violation of Section 76-18-208, 76-18-209, 76-18-210, or 76-18-211, the court shall sentence the actor to a one degree greater penalty than provided in Subsection (3)(a).
(4)
(a)For purposes of a penalty enhancement, a plea of guilty or no contest to a violation or attempted violation of this section or a plea that 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 previous conviction used for a penalty enhancement under this section may only be a conviction that:
(i)is from a separate criminal episode than the current conviction under this section; and
(ii)has not already been used under a separate penalty enhancement provision to enhance the conviction under this section.
(c)A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section.
(5)
(a)An actor 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 part or Title 58, Chapter 37, Controlled Substances.
(b)A penalty imposed for a violation of this section is in addition to, and not in lieu of, a civil or administrative penalty or sanction authorized by law.
(c)Defenses and exemptions in Section 76-18-203 apply to this section.
(6)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 actor convicted of violating this section.
(7)If a minor who is under 18 years old is found by a court to have violated this section, 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 described in Subsection (7)(a) indicates that an assessment is appropriate; and
(c)an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (7)(b).


Enacted by Chapter 362, 2026 General Session

Source: official Utah text · Last verified 2026-08-27

Related Utah Legal Topics

Frequently Asked Questions About Utah § 76-18-212

What does Utah Code § 76-18-212 cover?

Section 76-18-212 ("Unlawfully allowing possession, use, or distribution of a controlled substance on the premises.") 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 § 76-18-212?

A common citation format is "Utah Code § 76-18-212" (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 § 76-18-212 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.