76-18-305. Unlawful delivery of drug paraphernalia.

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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 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.

(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