Drug Crimes: Drug Paraphernalia

Drug Crimes: Drug Paraphernalia

Paraphernalia - Drug Crimes - Attorneys

How an Object is Determined to be Drug Paraphernalia

Utah Code §58-37a-4

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.

Other Criminal Charges

Learn more about crimes related to Drug Paraphernalia. If you have any questions, please feel free to call our office at (801) 505-1586.