(1) Terms defined in Sections 76-1-101.5, 76-18-101, and 76-18-301 apply to this section.
(2) An actor commits unlawful advertisement of drug paraphernalia if the actor:
(a) places in this state in a newspaper, magazine, handbill, or other publication an advertisement; and
(b) knows that the purpose of the advertisement described in Subsection (2)(a) is to promote the sale of drug paraphernalia.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) 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.
(5) If a minor is found by a court to have violated this section, the court may order the minor to complete:
(a) a screening as defined in Section 41-6a-501;
(b) an assessment as defined in Section 41-6a-501 if the screening described in Subsection (5)(a) indicates that an assessment is appropriate; or
(c) an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment described in Subsection (5)(b).