Utah Code 58-37a-4. Considerations in determining whether object is drug paraphernalia
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In determining whether an object is drug paraphernalia, the trier of fact, in addition to all other logically relevant factors, should consider:
(1) statements by an owner or by anyone in control of the object concerning its use;
Terms Used In Utah Code 58-37a-4
- 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.
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to a controlled substance;(3) the proximity of the object, in time and space, to a direct violation of this chapter;(4) the proximity of the object to a controlled substance;(5) the existence of any residue of a controlled substance on the object;(6) instructions whether oral or written, provided with the object concerning its use;(7) descriptive materials accompanying the object which explain or depict its use;(8) national and local advertising concerning its use;(9) the manner in which the object is displayed for sale;(10) whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;(11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;(12) the existence and scope of legitimate uses of the object in the community;(13) whether the object is subject to Section58-37a-5 ; and(14) expert testimony concerning its use.