Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 122 Second Substitute (2023GS)

Sponsor

Sen. Plumb, J.

Final action

Senate/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies the definition of "drug paraphernalia" to exclude an object used to parenterally inject a controlled substance into the human body; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DRUG PARAPHERNALIA AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: 
____________
LONG TITLE
General Description:
This bill concerns drug paraphernalia.
Highlighted Provisions:
This bill:
▸ modifies the definition of "drug paraphernalia" to exclude an object used to
parenterally inject a controlled substance into the human body; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-37a-3
, as last amended by Laws of Utah 2011, Chapter 101
58-37a-5
, as last amended by Laws of Utah 2011, Chapter 101
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-37a-3
 is amended to read:
58-37a-3.
"Drug paraphernalia" defined.
(1)
 As used in this chapter, "drug paraphernalia" means 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 to otherwise introduce a controlled substance into the human
body in violation of [
Title 58, Chapter 37, Utah Controlled Substances Act, and includes, but is
not limited to:
] 
Chapter 37, Utah Controlled Substances Act.
(2) "Drug paraphernalia" includes:
[
(1)
] 
(a)
 kits used, or intended for use, in planting, propagating, cultivating, growing, or
harvesting any species of plant which is a controlled substance or from which a controlled
substance can be derived;
[
(2)
] 
(b)
 kits used, or intended for use, in manufacturing, compounding, converting,
producing, processing, or preparing a controlled substance;
[
(3)
] 
(c)
 isomerization devices used, or intended for use, to increase the potency of any
species of plant which is a controlled substance;
[
(4)
] 
(d)
 testing equipment used, or intended for use, to identify or to analyze the
strength, effectiveness, or purity of a controlled substance;
[
(5)
] 
(e)
 scales and balances used, or intended for use, in weighing or measuring a
controlled substance;
[
(6)
] 
(f)
 diluents and adulterants, such as quinine hydrochloride, mannitol, mannited,
dextrose and lactose, used, or intended for use to cut a controlled substance;
[
(7)
] 
(g)
 separation gins and sifters used, or intended for use to remove twigs, seeds, or
other impurities from marihuana;
[
(8)
] 
(h)
 blenders, bowls, containers, spoons and mixing devices used, or intended for
use to compound a controlled substance;
[
(9)
] 
(i)
 capsules, balloons, envelopes, and other containers used, or intended for use to
package small quantities of a controlled substance;
[
(10)
] 
(j)
 containers and other objects used, or intended for use to store or conceal a
controlled substance; 
and
[
(11) hypodermic syringes, needles, and other objects used, or intended for use to
parenterally inject a controlled substance into the human body, except as provided in Section
58-37a-5
; and
]
[
(12)
] 
(k)
 objects used, or intended for use to ingest, inhale, or otherwise introduce a
controlled substance into the human body, including but not limited to:
[
(a)
] 
(i)
 metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
[
(b)
] 
(ii)
 water pipes;
[
(c)
] 
(iii)
 carburetion tubes and devices;
[
(d)
] 
(iv)
 smoking and carburetion masks;
[
(e)
] 
(v)
 roach clips: meaning objects used to hold burning material, such as a
marihuana cigarette, that has become too small or too short to be held in the hand;
[
(f)
] 
(vi)
 miniature cocaine spoons and cocaine vials;
[
(g)
] 
(vii)
 chamber pipes;
[
(h)
] 
(viii)
 carburetor pipes;
[
(i)
] 
(ix)
 electric pipes;
[
(j)
] 
(x)
 air-driven pipes;
[
(k)
] 
(xi)
 chillums;
[
(l)
] 
(xii)
 bongs; and
[
(m)
] 
(xiii)
 ice pipes or chillers.
(3) "Drug paraphernalia" does not include a hypodermic syringe, needle, or other object
used, or intended for use, to parenterally inject a controlled substance into the human body.
Section 2. Section 
58-37a-5
 is amended to read:
58-37a-5.
Unlawful acts.
(1) (a) It is unlawful for any person to use, or to possess with intent to use, drug
paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, [
inject,
] ingest,
inhale or otherwise introduce a controlled substance into the human body in violation of this
chapter.
(b) Any person who violates Subsection (1)(a) is guilty of a class B misdemeanor.
(2) (a) It is unlawful for any person to deliver, possess with intent to deliver, or
manufacture with intent to deliver, any drug paraphernalia, knowing that the drug paraphernalia
will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, [
inject,
] ingest,
inhale, or otherwise introduce a controlled substance into the human body in violation of this
act.
(b) Any person who violates Subsection (2)(a) is guilty of a class A misdemeanor.
(3) Any person 18 years [
of age
] 
old
 or older who delivers drug paraphernalia to a
person younger than 18 years [
of age
] 
old
 and who is three years or more younger than the
person making the delivery is guilty of a third degree felony.
(4) (a) It is unlawful for any person to place in this state in any newspaper, magazine,
handbill, or other publication any advertisement, knowing that the purpose of the advertisement
is to promote the sale of drug paraphernalia.
(b) Any person who violates Subsection (4)(a) is guilty of a class B misdemeanor.
[
(5) (a) A person may not be charged with distribution of hypodermic syringes as drug
paraphernalia if at the time of sale or distribution the syringes are in a sealed sterile package
and are for a legitimate medical purpose, including:
]
[
(i) injection of prescription medications as prescribed by a practitioner; or
]
[
(ii) the prevention of disease transmission.
]
[
(b) A person may not be charged with possession of hypodermic syringes as drug
paraphernalia if the syringe is unused and is in a sealed sterile package.
]
[
(6)
] 
(5)
 A person may be charged and sentenced for a violation of this section,
notwithstanding a charge and sentence for a violation of any other section of this chapter.