Utah Drug Paraphernalia Attorney in Salt Lake
Possession of Drug Paraphernalia in Utah
A Utah drug paraphernalia conviction can mean jail time, fines, and
losing your driver's license. Stephen Howard is an
experienced
Utah criminal defense
attorney
based in Salt Lake City who represents clients facing drug
paraphernalia and all criminal charges throughout the state.
His
extensive
experience
and knowledge of the legal system allow him to
achieve
real results
for his clients.
Contact
us today to arrange for an initial
confidential attorney consultation.
This page contains information on:
What
is Considered "Drug Paraphernalia" in Utah?

Utah's
definition of "drug paraphernalia" is very broad.
Pipes and syringes are some of the more obvious items.
But
things with innocent uses such as plastic bags, aluminum foil,
and pens can suddenly become "drug paraphernalia" if a police officer
believes that their intended use involves drugs.
There is nothing illegal in simply possessing a plastic baggy,
foil, or even a syringe. Under the Constitutional protections
guaranteed to all people charged with a crime, you are presumed
innocent. The law places a burden on the prosecutor to
convince
a jury of your peers, beyond a reasonable doubt, of each and every
element of the crime of possession of drug paraphernalia. That
means proving more than just possession of the items, but also that the
items intended use related to illegal drugs in some way.
Proving
"Possession" in a Utah Drug Paraphernalia Case
Sometimes, police catch a person red handed - with drug
paraphernalia in their hand, pocket, etc. But many
Utah drug cases involve more subtle legal issues in what is referred to
"
constructive
possession."
Constructive possession means that the item is not in your
immediate possession (your hand, pocket, etc.), but rather that you
have knowledge of the item and both the ability and the intent to
exercise control over the item.
In other words, if you are aware of the item, and you intend
to
do something with it, you are considered to be in constructive
possession of the item.
Many constructive possession cases in Utah involve drugs or
paraphernalia found in a car driven or owned by the defendant. Some
defendants have reported being told by police that they are legally
responsible for anything found in their car. This is not an accurate
statement of Utah law. Simply because an item is found
close
to you (in the same car, the same room, etc.), you are not
automatically considered to be in possession of that item.
Drug possession
cases in Utah can also involve an "
innocent
possession" defense. The defense of innocent possession is
relevant in cases where a person innocently discovers drugs, and takes
possession of said drugs only briefly and only for the purpose of
disposing of said drugs. The innocent possession defense will not
normally be relevant to a charge of drug paraphernalia possession,
because the intent element (
mens
rea requirement) of Utah's drug paraphernalia statute
essentially negates the innocent possession defense.
Penalties
for Drug Paraphernalia Possession in Utah
Most Utah drug paraphernalia charges are filed as class B
misdemeanors
(180 days jail maximum). But possession of drug
paraphernalia can be charged as a class A misdemeanor (365 days jail
maximum) if a
drug
free zone enhancement is found to apply. Delivering drug
paraphernalia to another person can also be punished as a class A
misdemeanor. In rare cases, a
felony
charge may be filed for delivery of drug paraphernalia to a minor.
Finding
an Experienced Utah Criminal Defense Attorney in Salt Lake

Based
in
Salt
Lake City, criminal defense attorney Stephen Howard has
substantial experience defending Utah drug cases.
He has also worked extensively in Utah's
drug court
system. He has successfully defended drug cases ranging from
first-degree felony distribution crimes to misdemeanor paraphernalia
charges.
Contact us
today to schedule an initial consultation and case analysis.
RELATED CRIMINAL DEFENSE TOPICS
Full
Text of Utah Code 58-37a-5 - Unlawful Acts (Drug
Paraphernalia)
Following is the
full text of Utah Code 58-37a-5, setting forth unlawful acts under the
Utah Drug Paraphernalia Act. This is the text of the statute as amended
by the legislature in 2011. This
statute may have been amended since published on this page. You are
encouraged to consult with an experienced criminal attorney for advice
specific to your
circumstances. (Commentary and analysis are in italics.)
Subsection (1)
establishes a mens rea requirement and provides a misdemeanor penalty
for simple possession of drug paraphernalia.
(1) (a) It is unlawful for any person to use, or to 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 in violation of this chapter.
(b) Any person who violates Subsection (1)(a) is
guilty of a class B
misdemeanor.
Subsection (2) prohibits
manufacturing, delivery, or possession with the intent to deliver
paraphernalia. The potential penalties are substantially higher than
the penalties for mere possession of drug paraphernalia.
(2) (a) It is unlawful for any person to deliver, possess with intent
to deliver, or manufacture with intent to deliver, any drug
paraphernalia, knowing that the drug paraphernalia will be used 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 in violation of this act.
(b) Any person who violates Subsection (2)(a) is guilty of a
class A
misdemeanor.
Subsection (3) creates a
felony offense for delivering drug paraphernalia to a minor who is
three years younger than the defendant.
(3) Any person 18 years of age or older who delivers drug paraphernalia
to a person younger than 18 years of age and who is three years or more
younger than the person making the delivery is guilty of a third degree
felony.
Subsection (4)
prohibits, as a misdemeanor offense, the advertising of drug
paraphernalia for sale.
(4) (a) It is unlawful for any person to place in this state in any
newspaper, magazine, handbill, or other publication any advertisement,
knowing that the purpose of the advertisement is to promote the sale of
drug paraphernalia.
(b) Any person who violates Subsection (4)(a) is guilty of a
class B
misdemeanor.
Subsection (5) provides
protection from prosecution the distribution of hypodermic syringes
in sealed sterile packaging if the intended use is a legitimate medical
purpose.
(5) (a) A person may not be charged with distribution of hypodermic
syringes as drug paraphernalia if at the time of sale or distribution
the syringes are in a sealed sterile package and are for a legitimate
medical purpose, including:
(i) injection of prescription
medications as prescribed by a
practitioner; or
(ii) the prevention of disease transmission.
(b) A person may not be charged with possession of
hypodermic syringes
as drug paraphernalia if the syringe is unused and is in a sealed
sterile package.
Subsection (6) provides
merely that a prosecution for possession paraphernalia can be in
addition to prosecution for other violations of this chapter.
(6) A person may be charged and sentenced for a violation of this
section, notwithstanding a charge and sentence for a violation of any
other section of this chapter.
Contact a Criminal Defense Lawyer for Drug Paraphernalia
Charges
If you are facing prosecution for possession of drug paraphernalia or
other criminal charges, the assistance of an
experienced criminal lawyer
can be vital. Based in Salt Lake City,
criminal
defense attorney Stephen Howard provides legal services to
clients throughout Utah. He has a
track
record that includes not guilty verdicts and dismissals in
some of the most serious charges on the books in Utah.
Contact us today to
arrange for an initial consultation.