76-18-304. Unlawful use of drug paraphernalia.

376 words·~2 min read·/ut/title-76/chapter-18/76-18-304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(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