In determining whether an object is
drug paraphernalia, the trier of fact, in addition to all other logically relevant factors, should consider:
| (1) |
statements by an owner or by anyone in control of the object concerning its use; |
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Terms Used In Utah Code 58-37a-4
- Drug paraphernalia: includes :
| (a) | kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived; |
| (b) | kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance; |
| (c) | isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance; |
| (d) | except as provided in Subsection (3), testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance; |
| (e) | scales and balances used, or intended for use, in weighing or measuring a controlled substance; |
| (f) | diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance; |
| (g) | separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana; |
| (h) | blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance; |
| (i) | capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance; |
| (j) | containers and other objects used, or intended for use to store or conceal a controlled substance; |
| (k) | hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and |
| (l) | objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:| (i) | metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; |
| (iii) | carburetion tubes and devices; |
| (iv) | smoking and carburetion masks; |
| (v) | roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; |
| (vi) | miniature cocaine spoons and cocaine vials; |
| (xiii) | ice pipes or chillers. See Utah Code 58-37a-3- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
|
| (2) |
prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to a controlled substance; |
| (3) |
the proximity of the object, in time and space, to a direct violation of this chapter; |
| (4) |
the proximity of the object to a controlled substance; |
| (5) |
the existence of any residue of a controlled substance on the object; |
| (6) |
instructions whether oral or written, provided with the object concerning its use; |
| (7) |
descriptive materials accompanying the object which explain or depict its use; |
| (8) |
national and local advertising concerning its use; |
| (9) |
the manner in which the object is displayed for sale; |
| (10) |
whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; |
| (11) |
direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; |
| (12) |
the existence and scope of legitimate uses of the object in the community; |
| (13) |
whether the object is subject to Section 58-37a-5; and |
| (14) |
expert testimony concerning its use. |
Amended by Chapter 101, 2011 General Session
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