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A. It is unlawful for:

1. Any person knowingly and intentionally to possess or use a controlled substance, unless it was obtained pursuant to a valid prescription or order or directly from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this section;

2. Any owner, tenant, licensee or person in control of any building, room, tenement, vehicle, boat, aircraft or other place, knowingly and intentionally to permit the same to be occupied by persons unlawfully possessing, using or distributing controlled substances therein;

3. Any person knowingly and intentionally to be present where controlled substances are being used or possessed in violation of this section and the use or possession is open, obvious, apparent and not concealed from those present. No person shall be convicted under this section if the evidence that he did not use the substance himself or advise, encourage or assist anyone else to do so; provided, however, the incidence of prior unlawful use of controlled substance by the defendant may be admitted to rebut this defense;

4. Any person to request, or solicit a controlled substance, or controlled substance precursor from another person, except as permitted by the Utah Controlled Substances Act Section 58-37-1 et seq., Utah Code Annotated, or its successor.

5. Definitions. “Controlled substance” means a drug, substance or immediate precursor as defined by Section 58-37-2(e)(i) Code Annotated, or its successor.

6. Violation of this section is a class B misdemeanor.

7. Any person knowingly and intentionally to possess an altered or forged prescription or written order for a controlled substance.

B. Possession of a controlled substance is a class B misdemeanor if it is done by a person as a first offense, otherwise the provisions of this section do not apply. (Ord. 2-10-98A; Ord. 040280A § l (part); Code 1975 § 13-1017.2)