Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 60 First Substitute (2024GS)

Sponsor

Sen. Plumb, J.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates an affirmative defense to a charge of possession of certain types of drug paraphernalia under specified conditions; 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: 
 Steve Eliason
LONG TITLE
General Description:
This bill concerns possession of certain types of drug paraphernalia.
Highlighted Provisions:
This bill:
▸ creates an affirmative defense to a charge of possession of certain types of drug
paraphernalia under specified conditions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
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-5
 is amended to read:
58-37a-5.
Unlawful acts.
(1) (a) It is unlawful for [
any
] 
a
 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
] 
A
 person who violates Subsection (1)(a) is guilty of a class B misdemeanor.
(2) (a) It is unlawful for [
any
] 
a
 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
] 
A
 person who violates Subsection (2)(a) is guilty of a class A misdemeanor.
(3) [
Any
] 
A
 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
] 
a
 person to place in this state in [
any
] 
a
 newspaper,
magazine, handbill, or other publication [
any
] 
an
 advertisement, knowing that the purpose of
the advertisement is to promote the sale of drug paraphernalia.
(b) [
Any
] 
A
 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 
a
 hypodermic [
syringes
] 
syringe
 as
drug paraphernalia if the syringe is unused and is in a sealed sterile package.
(6) In a prosecution under Subsection (1) for possession of a hypodermic syringe or
needle, it is an affirmative defense if:
(a) the hypodermic syringe or needle is stored in a sealed puncture-resistant container,
such as a medical sharps disposal container, that is clearly marked on the outside of the
container with a warning that identifies the container as containing medical waste; and
(b) the person is currently enrolled or participating in a syringe exchange program
under Section 
26B-7-117
.
[
(6)
] 
(7)
 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.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.