Utah Law Defines Drug Use and Drug Possession
A Utah drug possession charge can be filed as a felony or misdemeanor, depending on which drug is allegedly possessed, the location of the alleged offense, the defendant’s prior criminal record, and other factors. Having an experienced criminal attorney on your side is vital to a successful defense. Contact us now to arrange for an initial confidential consultation.
How are the terms “possession” or “use” defined in a Utah drug case?
The terms “possession” and “use” are defined identically under the Utah criminal code. The statutory definition is broad, and reads as follows:
“‘Possession’ or ‘use’ means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances.
For a person to be a possessor or user of a controlled substance, it is not required that the person be shown to have individually possessed, used, or controlled the substance, but it is sufficient if it is shown that the person jointly participated with one or more persons in the use, possession, or control of any substances with knowledge that the activity was occurring, or the controlled substance is found in a place or under circumstances indicating that the person had the ability and the intent to exercise dominion and control over it.” – Utah Code 58-37-2.
Constructive Possession in Utah Drug Cases
The concept of possession as defined in this statute is broad enough to include the concepts of “constructive” possession and possession under accomplice liability. By including the concept of “consumption” in its definition, this statute also extends possession or use to include “internal” possession of a controlled substance. (This statute specifically defines “consumption” to include “having any measurable amount of a controlled substance in a person’s body” but excludes metabolites of controlled substances.
Finding a Criminal Attorney for Utah Drug Cases
If you are facing prosecution for drug charges in Utah, it is vital to have an experienced criminal attorney on your side. Contact us today to arrange for a confidential initial consultation.
