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(1) It shall be unlawful for any person knowingly and intentionally to possess a controlled substance as defined in the Utah Controlled Substances Act unless it was obtained pursuant to a valid prescription or order or directly from a practitioner while the practitioner is acting in the course of professional practice or except as otherwise authorized by Subsection 58-37-8(c), Utah Code, as amended, Utah Controlled Substances Act.

(2) “Possession” means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining or obtaining of controlled substances and is intended to include individual, joint or group possession of controlled substances. For a person to be a possessor of a controlled substance, it is not required that the person be shown to have individually possessed a controlled substance, but it is sufficient if it is shown that such person jointly participated with one (1) or more persons in the possession of any controlled substances with knowledge that such activity was occurring.

(Am 2006-49)