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 of marijuana, 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 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 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 suspension of 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. 

There are 14 factors used to determine whether something should be considered drug paraphernalia:

  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 the Drug Paraphernalia Act
  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 the unlawful acts depicted in Utah code 58-37a-5
  14. 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.

Call today at (801) 532-5297 to discuss your case.

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