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Utah statute

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

Current through 2026 General Session

Part of Part 3: Offenses Concerning Drug Paraphernalia, Utah Code.

Full text of Utah Code Ann. § 76-18-302

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-18-302Primary source, current through the 2026 General Session
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.

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This reference is informational and is not legal advice.