Drug Paraphernalia Possession

Sometimes, the mere appearance of drug possession, manufacture, or distribution can subject a person to criminal liability. Utah Criminal law makes it illegal to possess drug paraphernalia.

Possessing bongs, pipes, baggies, scales or other contraptions used to consume or distribute drugs is illegal in the State of Utah.

In addition, possession of drug paraphernalia is a class B misdemeanor, so the punishment is potentially the same as a charge of actual drug possession.  A person can face fines, jail time and suspension of one’s driver’s license.

Attorney for Drug Paraphernalia in Salt Lake City, UT

If you or someone you know has been charged with possessing drug paraphernalia in violation of Utah Statute § 58-37a-5, or any other drug offense such as marijuana cultivation or possession of a controlled substance, contact the experienced attorneys at Susanne Gustin Attorney at Law.

Susanne Gustin is an attorney who has practiced law for years and has fought for the rights of criminal defendants for her entire legal career.  Ms. Gustin practices in Salt Lake City, Tooele County, Summit County, Weber County, Davis County, and Utah County, UT as well as other counties in the State.

As the founder of Susanne Gustin Attorney at Law she prides herself on being an effective and zealous litigator. Call (801) 243-2814 to schedule a one-on-one consultation with Susanne Gustin.

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Overview of Drug Paraphernalia in Utah

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The Utah Drug Paraphernalia Act

The State of Utah makes it a crime to possess drug paraphernalia under Utah Statute § 58-37a-5. The Statute prohibits several acts involving drug paraphernalia.

Drug Paraphernalia Possession:

According to the Statute, it is unlawful for any person to use, or to possess with the intent to use, drug paraphernalia to plant, cultivate, grow, harvest, propagate, manufacture, produce, convert, prepare, test, analyze, pack, and a number of other activities to otherwise introduce a controlled substance into the human body.

Drug paraphernalia possession is a class B misdemeanor.

Drug Paraphernalia Delivery:

Section 58-37a-5 makes it unlawful for any person to deliver, possess with the intent to deliver, or manufacture with intent to deliver, any drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, compound, convert, process, produce, prepare, repack, store, contain, conceal, and a number of other activities otherwise used to introduce a controlled substance into the human body in violation of this act.

Drug paraphernalia delivery is a class A misdemeanor.

In addition, the Statute states that any person 30 years of age or older who delivers drug paraphernalia to a person younger than 30 years of age and who is three years or more younger than the person making the delivery is guilty of a third degree felony.

Moreover, it is unlawful for a person to place an ad or to state in a newspaper, magazine, handbill, or other publication any advertisement, knowing that the purpose of the advertisement is to promote the sale of drug paraphernalia. Placing an ad for drug paraphernalia sale is a class B misdemeanor.

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Penalties for Drug Paraphernalia Possession

Being convicted of possession of drug paraphernalia still counts as a drug conviction and the penalties reflect such a conviction. Possession of drug paraphernalia is generally charged as a class B misdemeanor.  But under limited circumstances, it can be charged as a class A misdemeanor or a felony.  A class B misdemeanor is punishable by up to six months in jail and a $1,000 fine.  A class A misdemeanors is punishable by up to one year in jail and up to $2,500 in fines.  A 90% surcharge may also be added on to any fine.

If an adult (30 years of age or older) individual is accused of having attempted to sell drug paraphernalia to a minor (younger than 18), he or she can be charged with a third-degree felony. Third degree felonies are punishable by up to up to five years in prison and up to $5,000 in fines with a 90% surcharge.

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Types of Instruments Used as Drug Paraphernalia

Under the Utah paraphernalia statute, a number of items can be considered drug paraphernalia, depending on the type of the object and how the person intends to use the object.

Items that have been considered drug paraphernalia include, but are not limited, to the following:

  • Water pipes;
  • Carburetion tubes and devices;
  • Smoking and carburetion masks;
  • Roach clips;
  • Miniature cocaine spoons;
  • Cocaine vials;
  • Chamber pipes;
  • Air-driven pipes;
  • Electric pipes;
  • Bongs;
  • Ice pipes or chillers;
  • Chillums.

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Additional Resources

Section 58-37a-5 – Visit the official website of the Utah State Legislature to find out more information about the types of objects that constitute drug paraphernalia and to read the full statute regarding the drug paraphernalia statute in Salt Lake City, Utah.

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Find a Lawyer for Drug Paraphernalia Possession Charges in Utah County, UT

If you or someone you know has been charged with possession of drug paraphernalia in Utah County, or in the surrounding areas of Tooele County, Weber County, Davis County, or Summit County in Utah, contact an experienced criminal defense attorney.

Susanne Gustin is an experienced Utah criminal defense lawyer who has more than 30 years of experience defending clients wrongfully accused of crimes. She aggressively fights to ensure the best possible outcome for her clients.

Call Susanne Gustin Attorney at Law at (801) 243-2814 now to schedule a no obligation consultation with Susanne Gustin.

This article was last updated Tuesday, December 12, 2017.