Full text of Utah Utah Code § 76-18-302 — Considerations in determining whether an object is drug paraphernalia., with citation guidance and answers to common questions.
§ 76-18-302. Considerations in determining whether an object is drug paraphernalia.
Effective 5/6/2026
76-18-302.
Considerations in determining whether an 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 the object's 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 part; |
| (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 the object's use; |
| (7) | descriptive materials accompanying the object that explain or depict the object's use; |
| (8) | national and local advertising concerning the object's 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; |
| (14) | expert testimony concerning the object's use. |
Renumbered and Amended by Chapter
362, 2026 General Session
Frequently Asked Questions About Utah § 76-18-302
What does Utah Code § 76-18-302 cover?
Section 76-18-302 ("Considerations in determining whether an object is drug paraphernalia.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-18-302?
A common citation format is "Utah Code § 76-18-302" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-18-302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
