(1)

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 58-37a-5

  • Drug paraphernalia: includes :
         (2)(a) kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;
         (2)(b) kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
         (2)(c) isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;
         (2)(d) except as provided in Subsection (3), testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;
         (2)(e) scales and balances used, or intended for use, in weighing or measuring a controlled substance;
         (2)(f) diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;
         (2)(g) separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;
         (2)(h) blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;
         (2)(i) capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;
         (2)(j) containers and other objects used, or intended for use to store or conceal a controlled substance;
         (2)(k) hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and
         (2)(l) objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:
              (2)(l)(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
              (2)(l)(ii) water pipes;
              (2)(l)(iii) carburetion tubes and devices;
              (2)(l)(iv) smoking and carburetion masks;
              (2)(l)(v) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
              (2)(l)(vi) miniature cocaine spoons and cocaine vials;
              (2)(l)(vii) chamber pipes;
              (2)(l)(viii) carburetor pipes;
              (2)(l)(ix) electric pipes;
              (2)(l)(x) air-driven pipes;
              (2)(l)(xi) chillums;
              (2)(l)(xii) bongs; and
              (2)(l)(xiii) ice pipes or chillers. See Utah Code 58-37a-3
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) It is unlawful for a 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.
     (1)(b) A person who violates Subsection (1)(a) is guilty of a class B misdemeanor.
(2)

     (2)(a) It is unlawful for a 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.
     (2)(b) A person who violates Subsection (2)(a) is guilty of a class A misdemeanor.
(3) A person 18 years old or older who delivers drug paraphernalia to a person younger than 18 years old and who is three years or more younger than the person making the delivery is guilty of a third degree felony.
(4)

     (4)(a) It is unlawful for a person to place in this state in a newspaper, magazine, handbill, or other publication an advertisement, knowing that the purpose of the advertisement is to promote the sale of drug paraphernalia.
     (4)(b) A person who violates Subsection (4)(a) is guilty of a class B misdemeanor.
(5)

     (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:

          (5)(a)(i) injection of prescription medications as prescribed by a practitioner; or
          (5)(a)(ii) the prevention of disease transmission.
     (5)(b) A person may not be charged with possession of a hypodermic syringe as drug paraphernalia if the syringe is unused and is in a sealed sterile package.
(6) In a prosecution under Subsection (1) for possession of a hypodermic syringe or needle, the prosecutor or the court may dismiss the charge if the person establishes, by a preponderance of the evidence, that:

     (6)(a) at the time of the offense:

          (6)(a)(i) the hypodermic syringe or needle was stored in a sealed puncture-resistant container, such as a medical sharps disposal container, that was clearly marked on the outside of the container with a warning that identified the container as containing medical waste; and
          (6)(a)(ii) the person was enrolled or participating in a syringe exchange program under Section 26B-7-117; and
     (6)(b) after the day of the offense, but before the day on which the case is adjudicated, the person demonstrated an intent to engage with substance abuse treatment by commencing, continuing, or completing a substance use disorder treatment program.
(7) 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.