{"data":{"id":"us-ut/utah-code-76-18-302","jurisdiction":"us-ut","citation":"Utah Code § 76-18-302","heading":"Considerations in determining whether an object is drug paraphernalia.","body":"In determining whether an object is drug paraphernalia, the trier of fact, in addition to all other logically relevant factors, should consider:\n(1) statements by an owner or by anyone in control of the object concerning the object's use;\n(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;\n(3) the proximity of the object, in time and space, to a direct violation of this part;\n(4) the proximity of the object to a controlled substance;\n(5) the existence of any residue of a controlled substance on the object;\n(6) instructions, whether oral or written, provided with the object concerning the object's use;\n(7) descriptive materials accompanying the object that explain or depict the object's use;\n(8) national and local advertising concerning the object's use;\n(9) the manner in which the object is displayed for sale;\n(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;\n(11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;\n(12) the existence and scope of legitimate uses of the object in the community;\n(13) whether the object is subject to Section 76-18-304, 76-18-305, or 76-18-306; and\n(14) expert testimony concerning the object's use.","path":["Title 76 Criminal Offenses","Chapter 76-18 Drug Offenses","Part 76-18-3 Offenses Concerning Drug Paraphernalia"],"source_url":"https://le.utah.gov/xcode/Title76/Chapter18/76-18-S302.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"71a1a64039d5b3b84dddd9ecceebf4c4d2250281195c2fe2fbe46e2ff5a590ff","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-76-18-301","next":"us-ut/utah-code-76-18-303"},"notice":"GroundRules: Original legal text. Not legal advice."}