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Drug Crimes: Possession of Paraphernalia


Drug Crimes: Possession of Drug Paraphernalia

Drug Paraphernalia Possession - Drug Crimes - Attorneys

Drug Paraphernalia

"Drug paraphernalia" means any equipment, product, or material used, or intended for use, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or to otherwise introduce a controlled substance into the human body in violation of Utah's Controlled Substances Act.

Possession of Drug Paraphernalia

Utah Code §76-37a-5

Degree

Class B misdemeanor.

Elements

A defendant commits possession of drug paraphernalia when they use, or possess with intent to use, drug paraphernalia 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.

Fine

Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), 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

Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

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 possession of cocaine.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

Possession of cocaine subjects the defendant seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act. This means that defendant's car, land, house, belongings, and money can be seized by the State of Utah.
(Utah Code Ann. §58-37-13)


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.