Facing a drug charge in Utah is an intimidating prospect. Utah has some of the harshest drug laws in the nation, and a conviction can carry serious consequences for your freedom, your finances, and your future. The first step to facing the legal system and safeguarding your rights is understanding those laws. In this guide, we’ll provide an overview of Utah’s drug possession laws and the penalties you could face, as well as the importance of having an experienced attorney in your corner.
An Overview of Utah’s Drug Laws
Utah’s controlled substance law categorizes drugs into “schedules” depending on their potential for abuse, the likelihood of dependency, and medical value. Schedule I substances are the most strictly controlled as having the highest potential for abuse and no accepted medical value in the state. Schedule V drugs are the lowest. Drugs with lower schedules carry lighter penalties for simple possession.
Possession charges can be misdemeanors, but depending on the drug type and amount, previous convictions, and where the offense took place, you could be facing felony charges. In addition, “possession” under Utah’s law doesn’t only mean having a substance in your pocket. It could be an “actual” or “constructive” possession. Actual possession is the more straightforward definition that you have a controlled substance on your person. Constructive possession means having a controlled substance within an area that you control, such as your car or home.
Marijuana Possession Penalties in Utah
Marijuana (or “marihuana” as Utah’s law spells it) remains a controlled substance for recreational use in Utah. There is a medical cannabis program in Utah, but outside of the strict guidelines of that program, marijuana possession is illegal.
Penalties vary, depending on the type and amount of drug in question.
- Less than 1 ounce: Simple possession for the first or second time is a Class B misdemeanor, punishable by up to 6 months in jail and a fine of up to $1,000.
- Third Offense (less than 1 pound): The third conviction for simple possession is an enhancement crime that can be charged as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.
- 1 ounce to 1 pound: A Class A misdemeanor.
- 1 pound to 100 pounds: Third degree felony punishable by up to 5 years in prison and fines of up to $5,000.
- 100 pounds or more: Second degree felony punishable by 1 to 15 years in prison and a fine of up to $10,000.
Possession of drug paraphernalia (pipes, bongs) is also a crime. This is a Class B misdemeanor, just like possession of a small amount of marijuana.
Penalties For Other Controlled Substances
Penalties for possession of other drugs like cocaine, heroin, methamphetamine, or certain prescription drugs without a valid prescription are generally harsher.
Simple Possession (Personal Use)
Most first-time charges for possession of a Schedule I or II drug (heroin, meth, oxycodone, etc.) are Class A misdemeanors, punishable by up to one year in jail and a fine of up to $2,500. However, the third conviction for simple possession is a third degree felony.
Possession of Schedule III, IV or V drugs is generally a Class B misdemeanor for a first offense.
Intent to Distribute
Penalties are significantly increased if the prosecution can prove you had the intent to distribute the substance. Courts consider a number of factors when determining intent, including:
- The drug amount.
- Packaging materials such as baggies.
- An unusually large amount of cash.
- Scales or other measuring devices.
A possession with intent to distribute charge is a felony. The charge may range from third to first-degree, depending on the drug schedule and amount involved, and prison sentences can range from several years to life.
Aggravating Factors That Increase Penalties
There are various factors that can elevate the charges and penalties for drug possession. One of the most important factors is the location where the alleged offense took place. Utah is a “drug-free zone” state. This means there are drug-free zones around schools, parks, churches, theaters and other public places.
Possession charges committed in one of these areas will be automatically elevated. A misdemeanor possession charge can become a higher degree misdemeanor (higher jail time, fines, etc.) and a felony charge could have greatly enhanced penalties.
Consult an Attorney
A drug conviction is a permanent part of your criminal record and it creates many hurdles for employment, housing and education. You also face the loss of your driver’s license as it is a mandatory suspension. So having an experienced attorney is not an option, but a requirement.
A criminal defense attorney can review your case and look at all the details of your arrest. If your constitutional rights were violated in any way, such as an illegal search and seizure, your attorney may be able to have the evidence suppressed and the case thrown out.
Your attorney can also discuss your case with the prosecutor and negotiate for lesser charges or penalties.
Alternative Sentencing And Rehabilitation
Utah understands that drug possession for most people is not a crime in itself but rather a sign of a substance abuse problem. This is why the state offers several different opportunities to avoid jail time and a permanent conviction.
A plea in abeyance is one of the most common forms of alternative sentencing. A plea in abeyance means that you will plead guilty to the charge and the court will “put it on hold” for a period of time. You will be placed on probation and required to perform some or all of the following conditions: treatment, counseling and random drug testing.
If you successfully complete all the terms and conditions of the probation, the court may dismiss the case. That means you will not have a conviction on your criminal record.
Drug court is another possibility if you have a drug use problem. Drug court is a specialized court-supervised treatment program for people who suffer from substance use disorder. This program requires frequent drug tests and court appearances as well as a long and intensive treatment. Upon graduation, your charges are usually dismissed.
What Should I do Next?
Drug charges in Utah are complex, and the law often provides prosecutors with a number of options for serious penalties and prison time. Your best strategy is to understand the specifics of your charges and work toward an outcome that will protect your rights. To do this, you must consult qualified and experienced Drug Crime Defense Lawyers who can advise you of the best course of action.
You could be faced with severe penalties if you have been charged with marijuana possession, distribution, cultivation or trafficking. Talk to a drug crime 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.