Utah Laws & Penalties For Marijuana Possession
Types Of Marijuana Offenses
Marijuana is considered a Schedule I controlled substance in Utah. The amount of marijuana and crime associated with it will determine the severity of the marijuana charge and its resulting penalties. Under Utah marijuana possession laws, the following are punishable offenses, listed in order of severity.
- Possession of paraphernalia
- Possession with intent to deliver
- Distribution, sale or delivery of marijuana or paraphernalia
- Cultivation – growing and/or harvesting cannabis seeds
- Trafficking – importing into or exporting out of the state
Marijuana Possession Conviction Penalties
The potential punishment is directly dependent on to the amount of marijuana in your possession at the time of arrest. The amount in your possession also determines the classification of the charge as a misdemeanor or a felony. In addition, the number of offenses also affects the severity of the charge. The various levels of marijuana possession penalties in Utah are listed below:
- One ounce or less – class B misdemeanor
- Up to six months of jail time
- Up to $1,940 in fines and an assessment
- Possession in a drug-free zone such as a school, church or park can result in charge being upgraded to a class A misdemeanor
- Between one ounce and one pound – class A misdemeanor
- Up to 12 months jail time
- Up to $4,790 in fines and an assessment
- Between one and 100 pounds – third-degree felony
- Up to five years in Utah State Prison
- Up to $9,540 in fines
- Over 100 pounds – second-degree felony
- Up to 15 years in Utah State Prison
- Up to $19,040 in fines and an assessment
Utah Marijuana Distribution Penalties
Other transactions involving marijuana, such as sale and distribution, hold a greater punishment than possession alone. For a first time conviction, distribution of any amount is a third-degree felony. Penalties included with the charge are $5,000 in fines and a sentence up to five years in Utah State Prison. Distribution in a drug-free zone or in the presence of a minor, as well as subsequent convictions, will increase the felony classification and penalties. At the minimum, a mandatory five-year prison sentence will be served with any first-degree felony conviction.
Speak With A Qualified Utah Criminal Defense Attorney
You could be faced with severe penalties if you have been charged with marijuana possession, distribution, cultivation or trafficking. Talk to a criminal defense lawyer from Larsen, Larsen, Nash & Larsen to learn more about your options. Call (801) 964-1200 or contact us online to schedule a free consultation.