One of the more ridiculous statutes that the Utah legislature has passed is the drug paraphernalia statute. Under this law possession of instruments used in conjunction with illegal drugs is criminalized. Why this statutes is so ridiculous is because the definition of drug paraphernaila, and the statutes itself, is so broad that includes way to much conduct and in essence simply serves as an additional charge that can be brought against other drug crime offenders. The most common example is with marijuana, in almost every marijuana possession case the defendant is charged with possession of marijuana as well as possession of drug paraphernalia because along with the weed they had a pipe, paper, bong, or any other thing you can think of used to smoke marijuana.
What Does “Drug Paraphernalia” Include?
Drug Paraphernalia is such an ambiguous term that the Utah legislature has created a whole statute that just addresses the types of things that can be included in the term drug paraphernalia. While there is a long list of things in that statute the basic idea is that anything used to produce, or consume illegal drugs is considered drug paraphernalia. Along with the many different types of drug paraphernalia there are also different offenses under the drug paraphernalia statute. The are four main crimes associated with drug paraphernalia: possessing it, a class B misdemeanor; distributing it, a class A misdemeanor, distributing it to a minor, a third degree felony; and advertising to distribute it, a class B misdemeanor.
Northern Utah Drug Crimes Attorney | Facing Drug Paraphernalia Charges
If you are facing a drug crime charges in Ogden, Farmington, Kaysville, Bountiful, or Logan; then you are also likely facing a drug paraphernalia charge. You need to actively defend yourself against these charges and the best way to do that is hire the attorneys at Ogden Criminal Defense to help you in your defense. Our lawyers are experienced criminal defenders and we can help you get the best outcome available.