Chapter 9.28 - CONTROLLED SUBSTANCES

Sections:

9.28.010 - Definitions.#

For purposes of this chapter:

"Commencement of prosecution" means an arrest, issuance of a complaint, or indictment, whichever occurs first.

"Controlled substance precursor" means any substance or material defined as a controlled substance precursor by Utah Code Ann. 58-37c-3(2) or its successor.

"Controlled substances" means a drug, substance or immediate precursor as defined by Utah Code Ann. 58-37-2(1)(e) or its successor.

"Instrument" means any device, object, tool or equipment, including, but not limited to, cellular telephones, pagers, or address books, which are found by the trier of fact to be used in the distribution of controlled substances.

"Record" means any written or electronic listing, accounting, data storage, or assembly of information, including, but not limited to, telephone numbers, addresses, names or accounts, which are found by the trier of fact to be used in the distribution of controlled substances.

(Ord. 97-17 § 1 (part))

9.28.020 - Unlawful possession of instrument, record or money.#

It is unlawful for any person to possess any instrument, record, money or other representation of value used in advancing or facilitating the commission of any offense under circumstances manifesting an intent to use, or knowledge that some person intends to use, the same for the distribution of controlled substances, or in commission of any act prohibited by the Utah Controlled Substances Act, Utah Code Ann. Section 58-37-8, or its successor.

(Ord. 97-17 § 1 (part))

9.28.030 - Determination of prohibited instruments, records or money.#

In determining whether an object is an instrument, record, money or representation of value used in the distribution of controlled substances, the trier of fact should consider the totality of the circumstances and evidence, as well as: A.

Statements by an owner or by anyone in control of the object concerning its use;

B.

Prior convictions, if any, of an owner, or anyone in control of the object, under any state or federal law relating to a controlled substance;

C.

The proximity of the object, in time and space, to a direct violation of the Utah Controlled Substance Act;

D.

The proximity of the object to a controlled substance;

E.

The existence of any residue of a controlled substance on the object;

F.

Instructions or descriptive materials, whether oral or written, provided with the object concerning its use;

G.

Telephone numbers, addresses, or any otherwise relevant data written on, contained in, or otherwise accompanying the object;

H.

The manner in which the object is used;

I.

The existence and scope of legitimate uses of the object in the community; and

J.

Expert testimony concerning its use.

(Ord. 97-17 § 1 (part))

9.28.040 - Penalty.#

Violation of this chapter is a Class B misdemeanor.

(Ord. 97-17 § 1 (part))

9.28.050 - Seizure, sale and disposition of instruments, records and money.#

A.

At the commencement of any prosecution for a violation of this chapter, any instrument, record, money or representation of value reasonably identifiable as having been used or intended for use in a violation of this chapter may be seized and shall be held pending the disposition of the proceedings. At the conclusion of the proceedings, any person who is found guilty of a violation of this chapter shall forfeit any instruments, records, money or other object held by the court. If the individual is found not guilty, or the instrument, record or money is found not to be related to a violation of this chapter, the property shall be returned to its lawful owner.

B.

All sums forfeited under this section shall be paid into the treasury of this city.

C.

All other items of value forfeited under this chapter may be sold for the best price obtainable. The proceeds from the sale shall be paid into the treasury of this city.

(Ord. 97-17 § 1 (part))