Utah statute

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

Current through 2026 General Session

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

Criminal charges under this statute

Unlawful delivery of drug paraphernalia

Full text of Utah Code Ann. § 76-18-305

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. § 76-18-305Primary source, current through the 2026 General Session

(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. (3)(b) A violation of Subsection (2) is a third degree felony if the actor: (3)(b)(i) is 18 years old or older; (3)(b)(ii) delivers drug paraphernalia to a minor; and (3)(b)(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: (4)(a) in a sealed sterile package; and (4)(b) for a legitimate medical purpose, including: (4)(b)(i) injection of prescription medications as prescribed by a practitioner; or (4)(b)(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: (6)(a) a screening as defined in Section 41-6a-501; (6)(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 (6)(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).

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.