In Utah, a judge should consider the following when determining whether an object is drug paraphernalia:

• 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 this chapter;
• 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 object is subject to Utah Code 58-37a-5, "unlawful acts;" and
• expert testimony concerning its use.