(1) A person holding a valid license under this chapter who is engaged in medical research may produce, possess, administer, prescribe, or dispense a controlled substance for research purposes as licensed under Subsection 58-37-105(2) but may not otherwise prescribe or dispense a controlled substance listed in Section 58-37-109. (2) (a) (i) A person licensed under this chapter who is found by the division to have violated Subsection (1) is subject to a penalty not to exceed $5,000. (ii) The division shall determine the procedure for adjudication of a violation in accordance with Sections 58-1-106 and 58-1-108. (b) The division shall deposit all penalties collected under Subsection (2)(a)(i) into the General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1). (c) The director may collect a penalty that is not paid by: (i) referring the matter to a collection agency; or (ii) bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located. (d) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty. (e) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty. (3) Any person who knowingly and intentionally violates Subsection (1) is: (a) upon a first conviction, guilty of a class B misdemeanor; (b) upon a second conviction, guilty of a class A misdemeanor; or (c) on a third or subsequent conviction, guilty of a third degree felony. (4) 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.
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