Drug Paraphernalia

utah-drug-paraphernalia-david-laurence-altman-st-george-drug-paraphernalia-lawyerIn Utah it is not only illegal to use, possess, distribute or manufacture any illegal drug or legal drug without a prescription, it is also illegal to own or possess drug paraphernalia. Drug paraphernalia includes anything that can be used to facilitate the use of drugs or contain the drugs. Utah Statute 58-37a-3 defines drug paraphernalia as “any equipment, product, or material used, or intended for use, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or to otherwise introduce a controlled substance into the human body.
 
Examples of drug paraphernalia include but not are not limited limited to scales, grinders, chemicals used in the manufacture of drugs, bongs, crack pipes, dime bags, roach clips, syringes, foil wrappers and any object that can contain or conceal the controlled substances.
 
The penalty for possession of paraphernalia can be up to six months in jail and $1000 fine. Sale of paraphernalia has a penalty of up to one year in jail and $2500 fine. If that sale is to a minor penalties are enhanced to up to five years in jail and $5000 fine.
 
Paraphernalia charges are considered less serious than the possession, use, distribution and manufacture charges and are often dismissed as part of a plea agreement that involves a guilty or no contest plea to the more serious possession, use, distribution and manufacture offenses.
 
Utah Drug Paraphernalia Act:58-37a-5. Unlawful Acts            
(1) (a) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body in violation of this chapter.           
 (b) Any person who violates Subsection
(1)(a) is guilty of a class B misdemeanor.           
 (2) (a) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, any drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body in violation of this act.           
 (b) Any person who violates Subsection
(2)(a) is guilty of a class A misdemeanor.           
(3) Any person 18 years of age or older who delivers drug paraphernalia to a person younger than 18 years of age and who is three years or more younger than the person making the delivery is guilty of a third degree felony.           
 (4) (a) It is unlawful for any person to place in this state in any newspaper, magazine, handbill, or other publication any advertisement, knowing that the purpose of the advertisement is to promote the sale of drug paraphernalia.            
(b) Any person who violates Subsection
(4)(a) is guilty of a class B misdemeanor.            
(5) (a) A person may not be charged with distribution of hypodermic syringes as drug paraphernalia if at the time of sale or distribution the syringes are in a sealed sterile package and are for a legitimate medical purpose, including:            
(i) injection of prescription medications as prescribed by a practitioner; or            
(ii) the prevention of disease transmission.           
(b) A person may not be charged with possession of hypodermic syringes as drug paraphernalia if the syringe is unused and is in a sealed sterile package.            
(6) A person may be charged and sentenced for a violation of this section, notwithstanding a charge and sentence for a violation of any other section of this chapter.

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