Utah criminal charge
Unlawful delivery of drug paraphernalia in Utah
Unlawful delivery of drug paraphernalia is a criminal offense under Utah law, defined by Utah Code Ann. § 76-18-305. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-18-305.
What is the penalty for unlawful delivery of drug paraphernalia in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Unlawful delivery of drug paraphernalia — base offense — A violation of Subsection (2) is a class A misdemeanor unless the enhanced circumstances in Subsection (3)(b) apply.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Unlawful delivery of drug paraphernalia — base offense — A violation of Subsection (2) is a class A misdemeanor unless the enhanced circumstances in Subsection (3)(b) apply.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Unlawful delivery of drug paraphernalia — delivery to a minor by an adult more than three years older — A violation of Subsection (2) is a third degree felony if the actor is 18 or older, delivers drug paraphernalia to a minor, and is older than the minor by three or more years.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Unlawful delivery of drug paraphernalia — delivery to a minor by an adult more than three years older — A violation of Subsection (2) is a third degree felony if the actor is 18 or older, delivers drug paraphernalia to a minor, and is older than the minor by three or more years.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is unlawful delivery of drug paraphernalia classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful delivery of drug paraphernalia — base offense | Class A Misdemeanor | A violation of Subsection (2) is a class A misdemeanor unless the enhanced circumstances in Subsection (3)(b) apply. | Utah Code Ann. § 76-18-305(3)(a) |
| Unlawful delivery of drug paraphernalia — delivery to a minor by an adult more than three years older | Third Degree Felony | A violation of Subsection (2) is a third degree felony if the actor is 18 or older, delivers drug paraphernalia to a minor, and is older than the minor by three or more years. | Utah Code Ann. § 76-18-305(3)(b) |
Common questions about unlawful delivery of drug paraphernalia in Utah
Is unlawful delivery of drug paraphernalia a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful delivery of drug paraphernalia ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-18-305.
Unlawful delivery of drug paraphernalia — base offense: Class A Misdemeanor (Utah Code Ann. § 76-18-305(3)(a)) · Unlawful delivery of drug paraphernalia — delivery to a minor by an adult more than three years older: Third Degree Felony (Utah Code Ann. § 76-18-305(3)(b))
What are the penalties for unlawful delivery of drug paraphernalia in Utah?
Which Utah statute covers unlawful delivery of drug paraphernalia?
Unlawful delivery of drug paraphernalia is governed by Utah Code Ann. § 76-18-305 (Unlawful delivery of drug paraphernalia).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.