Depending on the circumstances, pipes, bongs, scales or even straws and pieces of tin foil can be construed as "drug paraphernalia" by law enforcement authorities in Utah, which will result in an arrest for possession of drug paraphernalia.
Attorneys for Drug Paraphernalia Crimes in Salt Lake City, Utah
If you were arrested for possession of drug paraphernalia in Salt Lake City or anywhere else in Utah, contact an experienced criminal defense attorney to discuss your case.
The experienced attorneys at Brown, Bradshaw & Moffat, LLP, fight drug charges throughout Utah. Many paraphernalia possession charges in Utah also involve the alleged illegal possession ofmarijuana, cocaine, methamphetamine, or ecstasy, which can result in additional and even more serious criminal charges.
If you were charged with possession of drug paraphernalia, consult with an experienced Utah attorney to assist with your case.
Call (801) 532-5297 to contact the criminal defense lawyers at Brown, Bradshaw & Moffat today.
Additional Information about Drug Paraphernalia Possession in Utah
Penalties for Drug Paraphernalia Crimes under Utah Law
Factors Relevant to Identifying Drug Paraphernalia
Penalties for Drug Paraphernalia Crimes under Utah Law
Under the Utah code 58-37a-5, the mere possession of drug paraphernalia is illegal in Utah. Depending on the circumstances, the possession of drug paraphernalia can be charged as follows:
Possession Possession of drug paraphernalia (use or possession with intent to use) is a class B misdemeanor, punishable by a maximum sentence of six months in jail and a fine of up to $1,000.
Sale Sale of drug paraphernalia (delivering, possessing with intent to deliver, or manufacturing with intent to deliver) in Utah is a class A misdemeanor, with a maximum sentence of up to one year and a fine of up to $2,500. Placing an advertisement to sell drug paraphernalia is a class B misdemeanor.
Generally, sale of drug paraphernalia to a minor under 18 years old is a third-degree felony, with a maximum prison sentence of up to five (5) years and a maximum fine of $5,000.
Utah's harsh drug laws also impose driver license suspensions. Any conviction where the person was convicted of possession of drug paraphernalia while they were operating a motor vehicle may result in a driver license suspensionof six months if the court finds that a driver license suspension is likely to reduce recidivism and is in the interest of public safety.
Factors Relevant to Identifying Drug Paraphernalia
According to Utah code 58-37a-3, the definition of drug paraphernalia is summarized as follows:
Any equipment, product, or material used, or intended for use, to grow, manufacture, prepare, test, package, store, conceal, inject, ingest, inhale, or to otherwise introduce a controlled substance into the human body
Notably, the definition does not include testing equipment, including a fentanyl test strip, used or intended for use to determine whether a substance contains a controlled substance or dangerous compound.
statements by an owner or by anyone in control of the object concerning its use
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
the proximity of the object, in time and space, to a direct violation of the Drug Paraphernalia Act
the proximity of the object to a controlled substance
the existence of any residue of a controlled substance on the object
instructions, whether oral or written, provided with the object concerning its use
descriptive materials accompanying the object which explain or depict its use
national and local advertising concerning its use
the manner in which the object is displayed for sale
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
direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise
the existence and scope of legitimate uses of the object in the community
whether the object is subject to the unlawful acts depicted in Utah code 58-37a-5
expert testimony concerning its use
Finding a Lawyer for Drug Paraphernalia Charges in Salt Lake City, UT
If you were arrested for a crime in Utah related to possession or sale of drug paraphernalia, call the experienced criminal defense lawyers at Brown, Bradshaw & Moffat to discuss your case. Our familiarity with the courts and the resources available for people accused of drug crimes may help you avoid the most serious criminal penalties. We are ready to fight for you, no matter what criminal charges you face.
Frequently Asked Questions About Drug Paraphernalia Possession in Utah
1What everyday items can be legally classified as "drug paraphernalia" under Utah law?
The statutory definition under the Utah Drug Paraphernalia Act, § 76-18-301, is remarkably broad, encompassing any equipment, product, or material used or intended 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 body.
While items like bongs, pipes, and hypodermic needles are obvious examples, law enforcement officers can also arrest individuals for possessing seemingly innocent items such as scales, baggies, straws, spoons, or even pieces of tin foil if they believe the items are being used for illicit drug purposes.
Important exception: Under Utah Code § 76-18-304(4), an actor 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.
2Are drug testing kits, like fentanyl test strips, considered illegal paraphernalia in Utah?
No. While Utah historically maintained a strict stance on drug-related items, the law explicitly excludes testing equipment from the definition of drug paraphernalia. Under Utah Code § 76-18-301, testing equipment including fentanyl test strips or other harm-reduction materials used or intended for use to determine whether a substance contains a dangerous compound or controlled substance is explicitly excluded from criminal charges.
3What specific factors do courts evaluate to determine if an object is drug paraphernalia?
Because many items have completely lawful everyday purposes, Utah Code § 76-18-302 establishes a list of 14 specific factors that law enforcement and courts must evaluate to decide if an object constitutes illegal paraphernalia. Key factors include:
Proximity of the object to actual controlled substances
Existence of any visible drug residue on the item
Statements made by the owner regarding its use
Instructions or descriptive materials provided with the object
Whether the owner is a legitimate, licensed supplier of related items to the community (such as a tobacco distributor)
Other factors include prior convictions, advertising, manner of display for sale, and expert testimony concerning use.
4What are the baseline criminal penalties for possessing or selling drug paraphernalia?
The specific criminal charges vary based on the intent and target audience as outlined in Utah Code § 76-18-303 and § 76-18-304:
Simple possession/use: Possessing or using drug paraphernalia is a class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.
Delivery/sale: Delivering, manufacturing, or possessing paraphernalia with the intent to deliver it is a class A misdemeanor, carrying a penalty of up to one year in jail and a fine of up to $2,500.
Delivery to a minor: An adult (at least 18 years old) who delivers drug paraphernalia to a minor who is at least three years younger than them faces a third-degree felony, which carries up to five years in prison and a fine of up to $5,000.
5Can a conviction for drug paraphernalia possession trigger a driver's license suspension?
Yes, if the conviction occurs while the defendant was operating a motor vehicle. Under Utah Code § 53-3-220(1)(c), if a person is convicted of a violation of the Utah Drug Paraphernalia Act (Title 58, Chapter 37a) while operating a motor vehicle, the court must order a six-month driver's license suspension if it finds that the suspension is likely to reduce recidivism and is in the interest of public safety.
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