Unlawful distribution or possession with intent to distribute an imitation controlled substance

(1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-401 apply to this section. (2) An actor commits unlawful distribution or possession with intent to distribute an imitation controlled substance if the actor: (a) distributes an imitation controlled substance; or (b) possesses an imitation controlled substance with the intent to distribute the imitation controlled substance. (3) Subject to Subsection (4), a violation of Subsection (2) is a class A misdemeanor. (4) A violation of this section is subject to the penalties and classifications under Section 76-18-204, Enhanced penalties and sentencing for certain drug offenses, if the trier of fact finds the elements described under Section 76-18-204. (5) If a minor 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 (5)(a) indicates that an assessment is appropriate; or (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (5)(b).