58-37a-5 - Unlawful acts. - Utah Statutes

58-37a-5. Unlawful acts.
(1) It is unlawful for any person to use, or to possess with intent to use, drugparaphernalia 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 thischapter. Any person who violates this subsection is guilty of a class B misdemeanor.
(2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacturewith intent to deliver, any drug paraphernalia, knowing that the drug paraphernalia will be usedto plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process,prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwiseintroduce a controlled substance into the human body in violation of this act. Any person whoviolates this subsection is guilty of a class A misdemeanor.
(3) Any person 18 years of age or over who delivers drug paraphernalia to a person under18 years of age who is three years or more younger than the person making the delivery is guiltyof a third degree felony.
(4) (a) It is unlawful for any person to place in this state in any newspaper, magazine,handbill, or other publication any advertisement, knowing that the purpose of the advertisementis to promote the sale of drug paraphernalia.
(b) Any person who violates this Subsection (4) is guilty of a class B misdemeanor.
(5) A person 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 chapter.

Amended by Chapter 295, 2008 General Session