What Are Considered Drug Crimes in Utah?
A drug-related crime deals with the possession, manufacturing, and/or distribution of drugs. Drug crimes may include but are not limited to the following:
Drug abuse includes not only the use of illegal drugs such as cocaine, heroin, and ecstasy but the abuse of prescription drugs as well. A majority of drug crimes are committed by individuals in the state with addictions, Utah has a group of “drug courts” that offer rehabilitation in lieu of sentencing.
Possession of marijuana, depending on the amount, typically receives a consequence of jail time and a fine. Possession of less than an ounce can get you a Class B misdemeanor, up to 6 months in jail, and a $1,000 fine. Possession of a controlled substance has more severe consequences, especially if law enforcement or a prosecutor believes you intended to distribute the drugs.
Drug possession with intent to distribute
Utah law makes very little distinction between the crimes of possession with the intent to distribute and drug distribution. Both are typically charged with second-degree felonies, punishable for up to 15 years in jail and a fine of $10,000. The term “distribution” refers to any individual who gives, shares, or hands over drugs to another individual.
You will get charged for drug trafficking when larger quantities of drugs are involved. The consequences vary depending on the type of drug and whether this is a repeat offense.
Utah’s sentencing for drug manufacturing can be harsh, especially if an individual was manufacturing drugs next to an academic institution, church, child daycare, park, community facility, or adult assisted living facility.
To be convicted of manufacturing illegal drugs, a prosecutor must prove the elements of both possession and an intent to manufacture.
Illegal drugs include, but are not limited to:
- Club drugs (MDMA, Ketamine)
- Marijuana (over the legal amount)
Facing drug crime charges? Call us at (801) 335-6261 to schedule an initial consultation with our experienced Utah County drug crime attorney.
From the possession of drug paraphernalia to sales of drugs and even the illegal use of prescription drugs, Utah laws take drug-related crimes very seriously. The state of Utah classifies drugs into Schedules, which are: I, II, III, IV, and V. The lower the number, the more dangerous the drug is considered. Additionally, there are four felony tiers: capital, first, second, and third. There are also three misdemeanor levels, which are: Class A, Class B, and Class C. The more often an offense is repeated, the more severe the consequence.
The penalties for drug crimes vary according to these factors; however, it should be noted that Utah also offers what is called the Utah Alternatives to Conviction Track (UACT). This initiative encourages treatment over incarceration.
Typically, a penalty for drug possession in Utah will be prison time and a fine. Possession of a controlled substance is a third-degree felony, which is punishable with up to 5 years of prison and a $9,000+ fine.
The prospect of jail time for individuals faced with a drug crime allegation can be overwhelming, but you do not need to face these charges alone. Our attorney possesses the knowledge, skillset, and experience to provide you with a solid defense strategy. We are here to help you navigate the court system and secure the best possible solution.
We understand that being charged with a drug crime is both stressful and overwhelming. Punishments for drug crimes, including drug use, drug possession, and drug trafficking can have a severe, life-altering impact on your future. At Preston Day Law, PLLC, we are committed to investigating the claims related to your drug charge and working with you to build a strong and strategic defense. As a former prosecutor and seasoned litigator, you can put your trust in our Utah County drug crime attorney to protect your rights.
Arrested for a drug crime? Contact us online today or call us at (801) 335-6261 to book a consultation.
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