Degree

Depending on the facts, delivery of drug paraphernalia can be charged as a class A misdemeanor or 3^rd degree felony.

Elements

A defendant commits a class A misdemeanor delivery of drug paraphernalia when they deliver, or possess with intent to deliver, or manufacture 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.

A defendant commits a 3^rd degree felony delivery of drug paraphernalia when they deliver, or possess with intent to deliver, or manufacture 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 and the defendant is 18 years of age or older who delivers drug paraphernalia to a person younger than 18 years of age and who is 3 or more younger than the person making the delivery.

Fine

3^rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))

DNA Specimen Analysis

A defendant convicted of delivery of drug paraphernalia must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 3^rd degree felony delivery of paraphernalia may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)

Driver License

Utah's Driver License Division will immediately suspend for 6 months the license of a person upon receiving a record of a conviction for delivery of paraphernalia.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

Drug paraphernalia is subject to seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act.
(Utah Code Ann. §58-37-13)