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Possession of Drug Paraphernalia

Many people are not aware that the possession of drug paraphernalia is a criminal offense, even if there is no drug present. However, the prosecution must prove that the drug paraphernalia (typically bongs, pipes, syringes, and scales) is possessed with intent of facilitating drug use. A criminal defense attorney can help defend you against these allegations, present reasonable doubt, and fight for a favorable outcome.

Salt Lake City Possession of Drug Paraphernalia Defense Attorney

As a member of the NORML Legal Committee, Darren M. Levitt remains active in the effort to reform state and federal marijuana laws in a common sense way. As a Salt Lake City drug crime defense attorney, he fights hard to defend his clients against conviction for drug related offenses in Utah. His pro-active approach and knowledge of the state's drug paraphernalia law can be an asset to have on your side.

A drug related conviction can have serious consequences on your life. Call 801-455-1743 or send an online message to discuss your legal options and begin building a solid defense strategy to protect your future. The initial consultation is free and confidential. Contact Levitt Legal today and combat your possession of drug paraphernalia charges.


Posession of Drug Paraphernalia Information Center


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Penalties and Punishments for Utah's Drug Paraphernalia Offenses

  • The criminal offense of possession of drug paraphernalia is a class B misdemeanor. See Utah § 58–37a–5(1).
  • The criminal offense of delivery or possession with intent to deliver drug paraphernalia is a class A misdemeanor. See Utah § 58–37a–5(2).
  • The criminal offense of delivery of drug paraphernalia to a person younger than 18 years of age and who is three years younger than the person making the delivery is a third degree felony. See Utah § 58–37a–5(3).
  • Advertising to promote the sale of drug paraphernalia is a class B misdemeanor. See Utah § 58–37a–5(4).
  • Possession of drug paraphernalia in a drug-free zone, a class A misdemeanor. See Utah §§ 58-37-8(4) and 58-37a-5(2).

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Definition of Drug Paraphernalia under Utah Law

Under Utah Code § 58–37a–3 the term “drug paraphernalia” is defined as any product used to introduce a controlled substance into the human body in violation of the Utah Controlled Substances Act under Title 58, Chapter 37, including plastic baggies, rolling papers, bongs, and pipes. Utah's drug paraphernalia statute also contains an exhaustive list of other types of paraphernalia including the following types of items:

  • kits used to plant, grow or cultivate marijuana or other plants from which a controlled substance can be derived;
  • kits used to prepare a controlled substance;
  • isomerization devices;
  • drug testing equipment;
  • scales and balances;
  • adulterants or diluents;
  • sifters and separation gins;
  • envelopes, capsules, balloons used to package small quantities of controlled substances;
  • containers used to store drugs;
  • hypodermic needles and syringes except as provided in Section 58-37a-5;
  • objects used to ingest or inhale a controlled substance into the human body such as pipes or bowls, carburetion tubes, masks, roach clips, cocaine vials, and bongs.

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Other Evidence to Determine Whether an Object is Drug Paraphernalia

Under Utah Code § 58–37a–4, other evidence and logically relevant factors can be considerations in determining whether object is drug paraphernalia including:

  • drug residue in or on the object;
  • expert testimony concerning its use;
  • proximity of the object to drugs or the use of drugs;
  • statements by the owner of the object or anyone else in control of the object concerning its use;
  • prior convictions of the object's owner or anyone else in control of the object related to a controlled substance crime;
  • local and national advertising concerning its use;
  • descriptive materials accompanying the object;
  • instructions concerning the object's use;
  • the existence and scope of legitimate uses of the object in the community; and
  • the manner in which the object is displayed for sale.

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Levitt Legal, PLLC | Possession of Drug Paraphernalia Defense Lawyer in Salt Lake City

Call 801-455-1743 to discuss your case with Darren M. Levitt during a free initial consultation. Remember, just because you have been arrested for possession of drug paraphernalia in Utah does not mean that you will be convicted. A solid defense strategy and proactive approach can help you fight to keep the alleged offense from your criminal record. However, it's best to contact a defense attorney as soon as possible to help secure time-sensitive evidence and testimony.

Levitt Legal - Criminal Defense Attorney in Salt Lake City, Utah
266 East 500 South
Salt Lake City, UT 84111
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801-455-1743 (phone)

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The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Use of this website or submission of an online form, does not create an attorney-client relationship.

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