This document includes House Committee Amendments incorporated into the bill on Thu, Feb 22, 2024 at 10:54 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Thu, Feb 29, 2024 at 3:41 PM by housengrossing.
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7 LONG TITLE
8 General Description:
9 This bill concerns possession of certain types of drug paraphernalia.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides for the dismissal of a charge of possession of certain types of drug
13 paraphernalia under specified conditions;
14 ▸ specifies the conditions and provides the burden of proof necessary for a dismissal;
15 and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 58-37a-5, as last amended by Laws of Utah 2011, Chapter 101
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 58-37a-5 is amended to read:
27 58-37a-5. Unlawful acts.
28 (1) (a) It is unlawful for [
29 paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
30 produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,
31 inhale or otherwise introduce a controlled substance into the human body in violation of this
32 chapter.
33 (b) [
34 (2) (a) It is unlawful for [
35 manufacture with intent to deliver, any drug paraphernalia, knowing that the drug paraphernalia
36 will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
37 produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,
38 inhale, or otherwise introduce a controlled substance into the human body in violation of this
39 act.
40 (b) [
41 (3) [
42 person younger than 18 years [
43 person making the delivery is guilty of a third degree felony.
44 (4) (a) It is unlawful for [
45 magazine, handbill, or other publication [
46 the advertisement is to promote the sale of drug paraphernalia.
47 (b) [
48 (5) (a) A person may not be charged with distribution of hypodermic syringes as drug
49 paraphernalia if at the time of sale or distribution the syringes are in a sealed sterile package
50 and are for a legitimate medical purpose, including:
51 (i) injection of prescription medications as prescribed by a practitioner; or
52 (ii) the prevention of disease transmission.
53 (b) A person may not be charged with possession of a hypodermic [
54 drug paraphernalia if the syringe is unused and is in a sealed sterile package.
55 (6) In a prosecution under Subsection (1) for possession of a hypodermic syringe or
56 needle, the prosecutor or the court Ĥ→ [
56a by a
57 preponderance of the evidence, that:
58 (a) at the time of the offense:
59 (i) the hypodermic syringe or needle was stored in a sealed puncture-resistant
60 container, such as a medical sharps disposal container, that was clearly marked on the outside
61 of the container with a warning that identified the container as containing medical waste; and
62 (ii) the person was enrolled or participating in a syringe exchange program under
63 Section 26B-7-117; and
64 (b) after the day of the offense, but before the day on which the case is adjudicated, the
65 person demonstrated an intent to engage with substance abuse treatment by Ĥ→ [
66 (i) completing a substance use disorder screening;
67 (ii) completing an educational program focused on substance use disorder treatment; or
68 (iii) enrolling,
68a
69 treatment program.
70 [
71 notwithstanding a charge and sentence for a violation of any other section of this chapter.
72 Section 2. Effective date.
73 This bill takes effect on May 1, 2024.