Understanding Drug Crimes Involving Marijuana in Utah

 Posted on May 19, 2022 in Drug crimes

Marijuana use is common throughout the United States, and this drug is generally considered to be less harmful than many other types of controlled substances. In fact, marijuana has been found to have multiple types of benefits for certain people, and it may be used to treat a number of medical conditions. Several states have taken action to relax their laws surrounding the possession, use, and sale of marijuana, and some have legalized marijuana for both recreational and medical use. Unfortunately, those who are unaware of how the laws may vary from state to state may face criminal consequences for the possession of this drug. By understanding the laws surrounding marijuana in Utah, residents can be sure they will be able to address potential drug charges correctly.

Criminal Charges for Marijuana Possession in Utah

While recreational marijuana has been legalized in several nearby states, including Colorado, New Mexico, Nevada, California, and Oregon, it remains illegal in Utah. However, Utah does allow for the possession and use of marijuana for medical purposes. People with qualifying medical conditions, including cancer, HIV, Alzheimer’s disease, multiple sclerosis, epilepsy, and post-traumatic stress disorder, may apply for a medical cannabis card. Those who are approved to use medical marijuana may possess up to 113 grams of unprocessed marijuana or up to 20 grams of THC.

Outside of medical use, the possession and distribution of marijuana are illegal in Utah. Marijuana is considered to be a Schedule I controlled substance. In most cases, possession of marijuana is a Class A misdemeanor for a first or second offense, and a person may face a prison sentence of up to 364 days and/or a $2,500 fine. A third conviction within seven years is a third degree felony, and a person may face a prison sentence of up to five years and/or a $5,000 fine. Possession of 100 pounds of marijuana or more is a second degree felony, which may result in between one and 15 years in prison and/or a $10,000 fine.

Charges are usually more serious if a person is accused of manufacturing or distributing marijuana. These charges may involve producing marijuana with the intent to sell it to others, including growing marijuana plants, packaging marijuana for distribution, or creating products that contain THC, or a person may face charges for selling or distributing marijuana or marijuana products to others. If a person is found in possession of large amounts of marijuana, they may be charged with possession with intent to distribute. These offenses will be charged as a third degree felony for a first offense or a second degree felony for a second or subsequent offense.

Contact Our Bountiful, UT Marijuana Crimes Defense Attorneys

If you have been arrested for the possession or distribution of marijuana, you may be facing serious penalties that could affect you for many years to come. At Collins Rupp, P.C., we can help you understand your best options for defense, and we will stand by your side throughout the legal process to ensure that you can resolve your case successfully. To set up a free consultation, contact our Davis County drug crimes lawyers at 385-777-2753.

Sources:

http://le.utah.gov/xcode/Title58/Chapter37/58-37-S8.html

http://le.utah.gov/xcode/Title26/Chapter61A/26-61a-S102.html

http://utcourts.gov/howto/criminallaw/penalties.asp