Utah Drug Paraphenalia Lawyer

In Utah, being charged with possession of drug paraphernalia, can come with hefty fines and a record that can follow you. The penalties include a significant amount of jail time and hefty fines. Jail time can vary depending on the intent you had with the drug paraphernalia. Some drug paraphernalia is legal, but how? These are not charges or penalties you want to face alone, let Weber Law’s team of experienced lawyers help you today.

What is Drug Paraphernalia?

Drug paraphernalia means any equipment, product, or material used, or intended for use, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the body. This could include but is not limited to:

• Scales or balances, used or intended to use, in weighing or measuring a controlled substance;
• Capsules, envelopes, balloons, or any other container used, or intended for use to package small quantities of a controlled substance; or
• Hypodermic needles, or objects used to ingest, inject, or inhale a controlled substance.

It is important to note that, it is legal to have a medical cannabis device prescribed by a physician, in the state of Utah.

Is medical marijuana legal in Utah?

If a person has an advanced practice registered nurse or physician, who believes that the individual’s illness could benefit from the use of marijuana, the physician can issue a card allowing that person to purchase and use marijuana for medical reasons. You cannot be charged with possession of drug paraphernalia if it is a device that you are using to ingest medicinal marijuana and it is a medical cannabis device prescribed by a physician. If you have a medical marijuana card but use a device that is not a medical cannabis device, you can still be cited. A parent, legal guardian, or caretaker can also be in possession of the medical cannabis device, if the purpose of the possession is to administer marijuana medically to the patient.

What is the Punishment?

The punishment for being convicted of possession of drug paraphernalia in the state of Utah can vary depending on if you are trying to sell the paraphernalia or not.

Possession of drug paraphernalia is usually charged as a class A misdemeanor. It can be charged as a class B misdemeanor, if you place a public advertisement with the intent of selling drug paraphernalia. 

A class A misdemeanor is punishable by up to one-year imprisonment and a fine of up to $1,000.00.

A class B misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.00.

These are serious penalties that could have you in prison for a significant amount of time, let Weber Law work to get you the lowest time possible or even no time.

How Can You Fight It?

If you have been cited with possession of drug paraphernalia in Utah, there are a few ways Weber Law can fight for you. Whether it is negotiating to lower the charge to a lesser crime, reducing your fine amount or jail time, making sure the charge doesn’t go on your record, or defending you at trial, Weber Law will work for you every step of the way. By looking at potential evidence such as security cameras, your criminal record, the police report, and potential eye witness testimony, Weber Law will make sure to look at all the details of your case. By using defenses that have been successful in the past, for example, having a medicinal marijuana card, not knowing what you were in possession of, or the paraphernalia was found during an illegal search, Weber Law will create a strong defense for you. At Weber Law we are experienced in defending these charges, winning these cases, and getting you back to everyday life. The court room can be a very intimidating place, you do not have to face it alone, let Weber Law’s team of experienced lawyers help you. A possession of drug paraphernalia charge can have detrimental effects on future careers and your record could be ruined. Do not leave this charge up to chance.

 If you or anyone you know has been cited with possession of drug paraphernalia in the state of Utah, call Weber Law today for a consultation. 

• Utah Code § 58-37a-3, Drug Paraphernalia defined
• Utah Code § 58-37a-5, Unlawful acts
• Utah Code § 58-37-8, Prohibited Acts – Penalties
• Utah Code § 58-37-3.7, Medical cannabis decriminalization
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals