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Drug Crimes: Advertisement of Paraphernalia


Drug Crimes: Advertisement of Drug Paraphernalia

Drug Paraphernalia Advertisement - Drug Crimes - Attorneys

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 to otherwise introduce a controlled substance into the human body in violation of Utah's Controlled Substances Act.

Advertisement of Drug Paraphernalia

Utah Code §76-37a-5(4)(a)

Degree

Class B misdemeanor.

Elements

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 advertisement is to promote the sale of drug paraphernalia.

Fine

Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

Driver License

Utah's Driver License Division will immediately suspend for 6 months the license of a person upon receiving a record of a conviction for delivery of paraphernalia.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

Drug paraphernalia advertisement is subject to seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act.
(Utah Code Ann. §58-37-13)


Other Criminal Charges

Learn more about crimes related to Drug Paraphernalia. If you have any questions, please feel free to call our office at (801) 505-1586.