(1)
(a) As used in this section:
(i) "Correctional facility" means the same as that term is defined in Section 76-8-311.3.
(ii) "Medicine" means the same as that term is defined in Section 76-8-311.3.
(iii) "Mental health facility" means the same as that term is defined in Section 76-8-311.3.
(iv) "Offender" means the same as that term is defined in Section 76-8-311.3.
(v) "Prohibited substance" means:
(A) spirituous or fermented liquor;
(B) medicine, whether or not lawfully prescribed for an offender or a detainee; or
(C) poison in any quantity.
(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits prohibited substance in a correctional or mental health facility if the actor:
(a) without the permission of the authority operating the correctional facility or secure area of a mental health facility:
(i) knowingly transports a prohibited substance to or within a correctional facility or into a secure area of a mental health facility; or
(ii) fails to declare or knowingly possesses a prohibited substance at a correctional facility or in a secure area of a mental health facility;
(b) knowingly violates correctional or mental health facility policy or rule by providing or selling a prohibited substance to an offender at a correctional facility or a detainee within a secure area of a mental health facility; or
(c)
(i) is a detainee in a mental health facility or an offender; and
(ii) in violation of correctional or mental health facility policy or rule, possesses at a correctional facility or in a secure area of a mental health facility a prohibited substance other than medicine provided by the facility's health care providers in compliance with facility policy.
(3)
(a) Except as provided in Subsection (4), a violation of Subsection (2)(a)(i), (2)(b), or (2)(c) is a third degree felony.
(b) Except as provided in Subsection (4), a violation of Subsection (2)(a)(ii) is a class A misdemeanor.
(4) The defenses provided in Section 76-8-311.3 apply to this section.