76-18-305. Unlawful delivery of drug paraphernalia.
(1) Terms defined in Sections,, andapply to this section. 76-1-101.5 76-18-101 76-18-301
(2) An actor commits unlawful delivery of drug paraphernalia if the actor delivers, possesses with intent to deliver, or manufactures 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 part.
(3) Except as provided in Subsection, a violation of Subsectionis a class A misdemeanor. (3)(b) (2) A violation of Subsectionis a third degree felony if the actor: (2) is 18 years old or older; delivers drug paraphernalia to a minor; and is older than the minor by three or more years.
(4) An actor 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 for a legitimate medical purpose, including: injection of prescription medications as prescribed by a practitioner; or the prevention of disease transmission.
(5) An actor 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 part.
(6) If a minor is found by a court to have violated this section, the court may order the minor to complete: a screening as defined in Section; 41-6a-501 an assessment as defined in Sectionif the screening described in Subsectionindicates that an assessment is appropriate; or 41-6a-501 (6)(a) an educational series as defined in Sectionor substance use disorder treatment as indicated by an assessment described in Subsection. 41-6a-501 (6)(b)