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Occupations and Professions | |
Utah Drug Paraphernalia Act | |
Section 4 | Considerations in determining whether object is drug paraphernalia. |
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58-37a-4. Considerations in determining whether object is drug paraphernalia. 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; (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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