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In Utah, possession of drug paraphernalia is a serious criminal charge that can carry many of the same consequences as actual drug possession. Mounting a successful defense requires assistance from a skilled and experienced drug paraphernalia charge lawyer. Terry Law is the longest-serving criminal defense firm in St. George and offers experienced, aggressive defense against the most serious criminal charges. Defense attorney Trevor D. Terry has appeared in every courthouse throughout southern Utah. He knows area judges and the prosecutors you are likely to face, and understands the criminal procedures that apply throughout the state.
“Drug paraphernalia” refers to 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 otherwise introduce a controlled substance into the human body.
Examples of drug paraphernalia include pipes, bongs, rolling papers, baggies, straws, glassware, roach clips, needles, and any other equipment or material that is or can be used to make, use, or conceal drugs.
A drug paraphernalia charge may seem like a minor offense, but the consequences of a conviction can be severe. Under Utah Code §58-37a-5, possession of drug paraphernalia is a class B misdemeanor, punishable by up to six months in jail and a fine of $1,000. The sale of drug paraphernalia is a class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. The sale of drug paraphernalia to a minor is a third-degree felony, punishable by up to five years in prison and a fine of $5,000.
In addition, a conviction for a drug paraphernalia charge carries an automatic driver’s license suspension. Individuals convicted of a drug paraphernalia charge also face loss of a professional or business license, ineligibility for federal financial aid, and, for non-U.S. citizens, possible deportation.
Drug paraphernalia charges are often accompanied by other drug crime charges. Many individuals facing charges related to drug paraphernalia are also charged with illegal possession of marijuana, cocaine, methamphetamine, or other controlled substances. Importantly, drug paraphernalia charges do not apply to testing equipment, such as a fentanyl test strip, to determine whether a substance contains a controlled substance or dangerous compound.
The prosecution may dismiss the charge for possession of a hypodermic syringe or needle if the defendant can establish, by a preponderance of the evidence, that, at the time of the offense, the items were:
A conviction for possession of drug paraphernalia can impact your life in many negative ways. Having a criminal record can make it more difficult to find a job or suitable housing, obtain scholarships or other financial aid, or join the military. For immigrants, a conviction for possession of drug paraphernalia or another drug crime could result in deportation.
An experienced drug paraphernalia charge lawyer can protect your rights so the things you say are not used against you, and by minimizing the evidence the prosecutor can gather and present to try to prove you guilty.
Terry Law is one of the longest-serving criminal defense law firms in St. George, Utah. We also have offices in Cedar City. We work with clients throughout southern Utah in communities including Richfield, Panguitch, Kanab, Beaver and Fillmore. Learn more about how Terry Law can help you, then call (435) 628-4411 or contact us online today for a free consultation.
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