Section 58-37a-5 - Unlawful acts(1)(a) It is unlawful for a person to use, or to possess with intent to use, drug paraphernalia 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 this chapter.(b) A person who violates Subsection (1)(a) is guilty of a class B misdemeanor.(2)(a) It is unlawful for a person to deliver, possess with intent to deliver, or manufacture with intent to deliver, any drug paraphernalia, knowing that the drug paraphernalia will be used 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 this act.(b) A person who violates Subsection (2)(a) is guilty of a class A misdemeanor.(3) A person 18 years old or older who delivers drug paraphernalia to a person younger than 18 years old and who is three years or more younger than the person making the delivery is guilty of a third degree felony.(4)(a) It is unlawful for a person to place in this state in a newspaper, magazine, handbill, or other publication an advertisement, knowing that the purpose of the advertisement is to promote the sale of drug paraphernalia.(b) A person who violates Subsection (4)(a) is guilty of a class B misdemeanor.(5)(a) A person may not be charged with distribution of hypodermic syringes as drug paraphernalia if at the time of sale or distribution the syringes are in a sealed sterile package and are for a legitimate medical purpose, including: (i) injection of prescription medications as prescribed by a practitioner; or(ii) the prevention of disease transmission.(b) A person may not be charged with possession of a hypodermic syringe as drug paraphernalia if the syringe is unused and is in a sealed sterile package.(6) In a prosecution under Subsection (1) for possession of a hypodermic syringe or needle, the prosecutor or the court may dismiss the charge if the person establishes, by a preponderance of the evidence, that: (a) at the time of the offense: (i) the hypodermic syringe or needle was stored in a sealed puncture-resistant container, such as a medical sharps disposal container, that was clearly marked on the outside of the container with a warning that identified the container as containing medical waste; and(ii) the person was enrolled or participating in a syringe exchange program under Section 26B-7-117; and(b) after the day of the offense, but before the day on which the case is adjudicated, the person demonstrated an intent to engage with substance abuse treatment by commencing, continuing, or completing a substance use disorder treatment program.(7) 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 143, 2024 General Session ,§ 1, eff. 5/1/2024.Amended by Chapter 101, 2011, 2011 General Session.