In Utah drug paraphernalia is what the jury says is drug paraphernalia. The technical, statutory wording of what constitutes drug paraphernalia in Utah reads:
58-37a-3. “Drug paraphernalia” defined.
As used in this chapter, “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 Title 58, Chapter 37, Utah Controlled Substances Act, and includes, but is not limited to:
(1) kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;
(3) isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;
(4) testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;
(5) scales and balances used, or intended for use, in weighing or measuring a controlled substance;
(6) diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;
(7) separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;
(8) blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;
(9) capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;
(10) containers and other objects used, or intended for use to store or conceal a controlled substance;
(11) hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and
(12) objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:
(a) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) water pipes;
(c) carburetion tubes and devices;
(d) smoking and carburetion masks;
(e) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(f) miniature cocaine spoons and cocaine vials;
(g) chamber pipes;
(h) carburetor pipes;
(i) electric pipes;
(j) air-driven pipes;
(k) chillums;
(l) bongs; and
(m) ice pipes or chillers.
As you can see, the drug paraphernalia act is written very broadly to enable most everything to be classified as illegal drug paraphernalia. Common Utah items that are charged as illegal drug paraphernalia are:
Spoons, needles, scales, joints, pipes, balloons, bongs and tin foil.
Utah law also lists a bunch of factors the jury or judge can rely up on when proving up whether an item is drug paraphernalia. They include:
58-37a-4. Considerations in determining whether object is drug paraphernalia.
In determining whether an object is drug paraphernalia, the trier of fact, in addition to all other logically relevant factors, should consider:
(1) statements by an owner or by anyone in control of the object concerning its use;
(2) 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;
(3) the proximity of the object, in time and space, to a direct violation of this chapter;
(4) the proximity of the object to a controlled substance;
(5) the existence of any residue of a controlled substance on the object;
(6) instructions whether oral or written, provided with the object concerning its use;
(7) descriptive materials accompanying the object which explain or depict its use;
(8) national and local advertising concerning its use;
(9) the manner in which the object is displayed for sale;
(10) 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;
(11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(12) the existence and scope of legitimate uses of the object in the community;
(13) whether the object is subject to Section 58-37a-5; and
(14) expert testimony concerning its use.
Drug paraphernalia is almost constantly charged concurrently on the same criminal charging sheet as drug possession.
Example Charging looks like:
CASE NUMBER 211xxxxx155 Other Misdemeanor
Charge 1 – 58-37-8(2)(D) – POSSESSION OF CONTROLLED SUBSTANCE MARIJUANA/SPICE –
Class B Misdemeanor
Offense Date and Time: August 06, 2021 at 11:03 PM
JONES RD; HEBER
Recommended Fine Amount: 690.00 Mandatory Appearance
Charge 2 – 58-37A-5(1) – USE OR POSSESSION OF DRUG PARAPHERNALIA – Class B
Misdemeanor
Offense Date and Time: August 06, 2021 at 11:03 PM
Location: 2500 S JONES RD> ;HEBER
Recommended Fine Amount: 690.00 Mandatory Appearance
6 months jail time. No prison possible.
Fine maximum: $2,500.
Substance abuse evaluation and treatment follow-up.
12 months court probation. Non-supervised probation.
Fine. $690. Which can be paid in monthly installments.
Stayed 6 month jail sentence.
Refrain from drinking alcohol and using illegal drugs.
Generally all jail time should be suspended and you should spend a day in jail on a paraphernalia charge.
The government bears all the burden when proving it’s case beyond a reasonable doubt. The elements of drug paraphernalia possession are:
CR1206 Possession of Drug Paraphernalia. Utah Criminal Stock Jury Instructions.
Defendant is charged in Count 2 with committing Possession of Drug Paraphernalia on or about. You cannot convict [him] [her] of this offense unless, based on the evidence, you find beyond a reasonable doubt each of the following elements:
Defendant did:
—Intentionally, knowingly, or recklessly
—Used drug paraphernalia or possessed drug paraphernalia with intent to use it, and
—Did so [to [plant], [propagate], [cultivate], [grow], [harvest], [manufacture], [compound], [convert], [produce], [process], [prepare], [test], [analyze], [pack], [repack], [store], [contain], or [conceal] a controlled substance]; [OR] [to [inject], [ingest], [inhale] or otherwise introduce a controlled substance into the human body.]
—After you carefully consider all the evidence in this case, if you are convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant GUILTY. On the other hand, if you are not convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant NOT GUILTY.
A Utah conviction for drug paraphernalia will revoke your Utah license for 6 months. There are ways around this. If you are traveling through the state and have an out-of-state issued driver’s license. Eventually, the Utah interstate compact will catch up with you and your home state will honor Utah’s request for a reciprocal suspension.
Generally you can expunge your Utah drug paraphernalia conviction if you otherwise qualify. Most paraphernalia charges are Class B misdemeanors and the waiting period is 4 before you can start the expungement process. See this detailed article on expungements.
