• (801) 455-1743

Other Evidence To Determine Whether An Object Is Drug Paraphernalia

Under Utah Code § 58–37a–4, other evidence and logically relevant factors can be considerations in determining whether object is drug paraphernalia including:

  • drug residue in or on the object;
  • expert testimony concerning its use;
  • proximity of the object to drugs or the use of drugs;
  • statements by the owner of the object or anyone else in control of the object concerning its use;
  • prior convictions of the object’s owner or anyone else in control of the object related to a controlled substance crime;
  • local and national advertising concerning its use;
  • descriptive materials accompanying the object;
  • instructions concerning the object’s use;
  • the existence and scope of legitimate uses of the object in the community; and
  • the manner in which the object is displayed for sale.
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