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.
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.
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 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.
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:
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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