Terms Used In Utah Code > Title 58 > Chapter 37a - Utah Drug Paraphernalia Act

• Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
• Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
• Conservator: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
• Court: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
• Director: means the director of the division. See Utah Code 26B-6-101
• Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
• 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
• Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
• Emergency protective services: means measures taken by Adult Protective Services under time-limited, court-ordered authority for the purpose of remediating an emergency. See Utah Code 26B-6-201
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: is a s defined in Section 75-1-201. See Utah Code 26B-6-301
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Incapacitated: means a person who has been determined by a court, pursuant to Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has determined that the person is 18 years of age or older and suffers from a mental or physical impairment as part of the prepetition assessment in Section 26B-6-305. See Utah Code 26B-6-301
• Lacks capacity to consent: is a s defined in Section Utah Code 26B-6-201
• Office: means the Office of Public Guardian. See Utah Code 26B-6-301
• Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
       (30)(a) provide personal protection;
       (30)(b) provide necessities such as food, shelter, clothing, or mental or other health care;
       (30)(c) obtain services necessary for health, safety, or welfare;
       (30)(d) carry out the activities of daily living;
       (30)(e) manage the adult's own financial resources; or
       (30)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201