Offenses Concerning Drug Paraphernalia

Utah Code tit. 76, ch. 76-18, pt. 76-18-P3

in effect

Utah Code § 76-18-301 Definitions.

76-18-301. Definitions. As used in this part: (1) (a) "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 Part 2, Offenses Concerning Controlled Substances, or Title 58, Chapter 37, Controlled Substances. (b) "Drug paraphernalia" includes: (i) a kit used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled substance or from which a controlled substance can be derived; (ii) a kit used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance; (iii) an isomerization device used, or intended for use, to increase the potency of any species of plant that is a controlled substance; (iv) except as provided in Subsection (1)(c), testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance; (v) a scale or balance used, or intended for use, in weighing or measuring a controlled substance; (vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use, to cut a controlled substance; (vii) a separation gin or sifter used, or intended for use, to remove twigs, seeds, or other impurities from marihuana; (viii) a blender, bowl, container, spoon, or mixing device used, or intended for use, to compound a controlled substance; (ix) a capsule, balloon, envelope, or other container used, or intended for use, to package a small quantity of a controlled substance; (x) a container or other object used, or intended for use, to store or conceal a controlled substance; (xi) a hypodermic syringe, needle, or other object used, or intended for use, to parenterally inject a controlled substance into the human body, except as provided in Section 76-18-304, 76-18-305, or 76-18-306; and (xii) an object used, or intended for use, to ingest, inhale, or otherwise introduce a controlled substance into the human body, including: (A) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen, permanent screen, hashish head, or punctured metal bowl; (B) a water pipe; (C) a carburetion tube or device; (D) a smoking or carburetion mask; (E) an object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand, sometimes referred to as a "roach clip"; (F) a miniature cocaine spoon or cocaine vial; (G) a chamber pipe; (H) a carburetor pipe; (I) an electric pipe; (J) an air-driven pipe; (K) a chillum; (L) a bong; and (M) an ice pipe or chiller. (c) "Drug paraphernalia" does not include a testing product or equipment, including a fentanyl test strip, used or intended for use to determine whether a substance contains: (i) a controlled substance that can cause physical harm or death; or (ii) a chemical or compound that can cause physical harm or death. (2) "Minor" means an individual who is under 18 years old. Renumbered and Amended by Chapter 362, 2026 General Session

Utah Code § 76-18-302 Considerations in determining whether an object is drug paraphernalia.

76-18-302. Considerations in determining whether an 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 the object's 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 part; (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 the object's use; (7) descriptive materials accompanying the object that explain or depict the object's use; (8) national and local advertising concerning the object's 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 76-18-304, 76-18-305, or 76-18-306; and (14) expert testimony concerning the object's use. Renumbered and Amended by Chapter 362, 2026 General Session

Utah Code § 76-18-303 Seizure -- Forfeiture -- Property rights -- Bystander defense.

76-18-303. Seizure -- Forfeiture -- Property rights -- Bystander defense. (1) Drug paraphernalia is subject to seizure and forfeiture in accordance with the procedures and substantive protections of: (a) Title 77, Chapter 11a, Seizure of Property and Contraband; and (b) Title 77, Chapter 11b, Forfeiture of Seized Property. (2) It is an affirmative defense to an allegation of the commission of an offense under this part if the actor or bystander: (a) reasonably believes that the actor or another individual is experiencing an overdose event due to the ingestion, injection, inhalation, or other introduction into the human body of a controlled substance or other substance; (b) reports, or assists an individual who reports, in good faith, the overdose event to a medical provider, an emergency medical service provider as defined in Section 53-2d-101, a law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the actor is the subject of a report made under this section; (c) provides, in the report described in Subsection (2)(b), a functional description of the actual location of the overdose event that facilitates responding to the individual experiencing the overdose event; (d) remains at the location of the individual experiencing the overdose event until a responding law enforcement officer or emergency medical service provider arrives, or remains at the medical care facility where the individual experiencing an overdose event is located until a responding law enforcement officer arrives; (e) cooperates with the responding medical provider, emergency medical service provider, and law enforcement officer, including providing information regarding the individual experiencing the overdose event and any substances the individual may have injected, inhaled, or otherwise introduced into the individual's body; and (f) is alleged to have committed the offense in the same course of events from which the reported overdose arose. Renumbered and Amended by Chapter 362, 2026 General Session

Utah Code § 76-18-304 Unlawful use of drug paraphernalia.

76-18-304. Unlawful use of drug paraphernalia. (1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-301 apply to this section. (2) An actor commits unlawful use of drug paraphernalia if the actor uses, or possesses 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 part. (3) A violation of Subsection (2) is a class B misdemeanor. (4) An actor may not be charged with possession of a hypodermic syringe as drug paraphernalia if the syringe is unused and is in a sealed sterile package. (5) In a prosecution under this section for possession of a hypodermic syringe or needle, the prosecutor or the court may dismiss the charge if the actor establishes, by a preponderance of the evidence, that: (a) at the time of the offense: (i) the hypodermic syringe or needle was stored in a sealed puncture-resistant container, such as a medical sharps disposal container, that was clearly marked on the outside of the container with a warning that identified the container as containing medical waste; and (ii) the actor was enrolled or participating in a syringe exchange program under Section 26B-7-117; and (b) after the day of the offense, but before the day on which the case is adjudicated, the actor demonstrated an intent to engage with substance abuse treatment by commencing, continuing, or completing a substance use disorder treatment program. (6) An actor 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 part. (7) If a minor is found by a court to have violated this section, the court may order the minor to complete: (a) a screening as defined in Section 41-6a-501; (b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (7)(a) indicates that an assessment is appropriate; or (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (7)(b). Renumbered and Amended by Chapter 362, 2026 General Session

Utah Code § 76-18-305 Unlawful delivery of drug paraphernalia.

76-18-305. Unlawful delivery of drug paraphernalia. (1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-301 apply to this section. (2) An actor commits unlawful delivery of drug paraphernalia if the actor delivers, possesses with intent to deliver, or manufactures 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 part. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor. (b) A violation of Subsection (2) is a third degree felony if the actor: (i) is 18 years old or older; (ii) delivers drug paraphernalia to a minor; and (iii) is older than the minor by three or more years. (4) An actor may not be charged with distribution of hypodermic syringes as drug paraphernalia if at the time of sale or distribution, the syringes are: (a) in a sealed sterile package; and (b) for a legitimate medical purpose, including: (i) injection of prescription medications as prescribed by a practitioner; or (ii) the prevention of disease transmission. (5) An actor 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 part. (6) If a minor is found by a court to have violated this section, the court may order the minor to complete: (a) a screening as defined in Section 41-6a-501; (b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (6)(a) indicates that an assessment is appropriate; or (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (6)(b). Enacted by Chapter 362, 2026 General Session

Utah Code § 76-18-306 Unlawful advertisement of drug paraphernalia.

76-18-306. Unlawful advertisement of drug paraphernalia. (1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-301 apply to this section. (2) An actor commits unlawful advertisement of drug paraphernalia if the actor: (a) places in this state in a newspaper, magazine, handbill, or other publication an advertisement; and (b) knows that the purpose of the advertisement described in Subsection (2)(a) is to promote the sale of drug paraphernalia. (3) A violation of Subsection (2) is a class B misdemeanor. (4) An actor 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 part. (5) If a minor is found by a court to have violated this section, the court may order the minor to complete: (a) a screening as defined in Section 41-6a-501; (b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (5)(a) indicates that an assessment is appropriate; or (c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (5)(b). Enacted by Chapter 362, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter18/76-18-P3.html?v=C76-18-P3_2026050620260506Fetched: 10/26/2026