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[Utah Code Table of Contents]
[TITLE 58. Table of Contents]
58-37a-1 Short title.
This chapter shall be known and may be cited as the "Utah
Drug Paraphernalia Act."
1981
58-37a-2 Purpose.
It is the intent of this chapter to discourage the use
of narcotics by eliminating paraphernalia designed for processing,
ingesting, or otherwise using a controlled substance.
1981
58-37a-3 "Drug paraphernalia" defined.
As used in this chapter:
"Drug paraphernalia" means 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 in violation of Title 58, Chapter 37, and includes, but is not limited to:
(1) 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) Kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
(3) Isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;
(5) Scales and balances used, or intended for use, in weighing or measuring a controlled substance;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;
(7) Separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;
(9) Capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;
(10) Containers and other objects used, or intended for use to store or conceal a controlled substance;
(11) Hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body; and
(12) Objects used, or intended for use to ingest, inhale, or otherwise introduce marihuana, cocaine, hashish, or hashish oil into the human body, including but not limited to:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) 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;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs; and
(m) Ice pipes or chillers.
1981
58-37a-4 Considerations in determining whether object is drug paraphernalia.
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;
(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; and
(13) expert testimony concerning its use.
1981
58-37a-5 Unlawful acts.
(1) 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. Any person who violates this subsection is guilty of a class B misdemeanor.
(2) 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. Any person who violates this subsection is guilty of a class A misdemeanor.
(3) Any person 18 years of age or over who delivers drug paraphernalia to a person under 18 years of age who is three years or more younger than the person making the delivery is guilty of a third degree felony.
(4) 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. Any person
who violates this subsection is guilty of a class B misdemeanor.
1981
58-37a-6 Seizure - Forfeiture - Property rights.
Drug paraphernalia is subject to seizure and forfeiture
in accordance with the procedures and substantive protections
of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures
Act.
2002
