Enrolled Copy S.B. 60
1 DRUG PARAPHERNALIA AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb House Sponsor: Steve Eliason
2
3 LONG TITLE
4 General Description:
5 This bill concerns possession of certain types of drug paraphernalia.
6 Highlighted Provisions:
7 This bill:
8 ▸ provides for the dismissal of a charge of possession of certain types of drug
9 paraphernalia under specified conditions;
10 ▸ specifies the conditions and provides the burden of proof necessary for a dismissal; and
11 ▸ makes technical and conforming changes.
12 Money Appropriated in this Bill:
13 None
14 Other Special Clauses:
15 None
16 Utah Code Sections Affected:
17 AMENDS:
18 58-37a-5, as last amended by Laws of Utah 2011, Chapter 101
19
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 58-37a-5 is amended to read:
22 58-37a-5 . Unlawful acts.
23 (1) (a) It is unlawful for [any] a person to use, or to possess with intent to use, drug
24 paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound,
25 convert, produce, process, prepare, test, analyze, pack, repack, store, contain,
26 conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the
27 human body in violation of this chapter.
28 (b) [Any] A person who violates Subsection (1)(a) is guilty of a class B misdemeanor.
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29 (2) (a) It is unlawful for [any] a person to deliver, possess with intent to deliver, or
30 manufacture with intent to deliver, any drug paraphernalia, knowing that the drug
31 paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture,
32 compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
33 contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance
34 into the human body in violation of this act.
35 (b) [Any] A person who violates Subsection (2)(a) is guilty of a class A misdemeanor.
36 (3) [Any] A person 18 years [of age] old or older who delivers drug paraphernalia to a
37 person younger than 18 years [of age] old and who is three years or more younger than
38 the person making the delivery is guilty of a third degree felony.
39 (4) (a) It is unlawful for [any] a person to place in this state in [any] a newspaper,
40 magazine, handbill, or other publication [any] an advertisement, knowing that the
41 purpose of the advertisement is to promote the sale of drug paraphernalia.
42 (b) [Any] A person who violates Subsection (4)(a) is guilty of a class B misdemeanor.
43 (5) (a) A person may not be charged with distribution of hypodermic syringes as drug
44 paraphernalia if at the time of sale or distribution the syringes are in a sealed sterile
45 package and are for a legitimate medical purpose, including:
46 (i) injection of prescription medications as prescribed by a practitioner; or
47 (ii) the prevention of disease transmission.
48 (b) A person may not be charged with possession of a hypodermic [syringes] syringe as
49 drug paraphernalia if the syringe is unused and is in a sealed sterile package.
50 (6) In a prosecution under Subsection (1) for possession of a hypodermic syringe or needle,
51 the prosecutor or the court may dismiss the charge if the person establishes, by a
52 preponderance of the evidence, that:
53 (a) at the time of the offense:
54 (i) the hypodermic syringe or needle was stored in a sealed puncture-resistant
55 container, such as a medical sharps disposal container, that was clearly marked on
56 the outside of the container with a warning that identified the container as
57 containing medical waste; and
58 (ii) the person was enrolled or participating in a syringe exchange program under
59 Section 26B-7-117; and
60 (b) after the day of the offense, but before the day on which the case is adjudicated, the
61 person demonstrated an intent to engage with substance abuse treatment by
62 commencing, continuing, or completing a substance use disorder treatment program.
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63 [(6)] (7) A person may be charged and sentenced for a violation of this section,
64 notwithstanding a charge and sentence for a violation of any other section of this chapter.
65 Section 2. Effective date.
66 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced:
Amended:
Enrolled:
S.B. 60 1st Substitute (Not Adopted) Text: