Davis County Utah

Drug Distribution Includes Selling or Sharing


Stephen Howard — Stone River Law

Can I be charged with drug distribution in Utah if I didn’t sell any drugs?

Under Utah criminal law, there are several ways you could find yourself charged with drug distribution even if you never sold any drugs.

Under Utah criminal law, the felony crime of distribution of a controlled substance does not require proof of a completed drug sale. Rather, the term “distribution” is broadly defined to include just about any kind of distribution. This of course includes selling drugs for money. But it can also include trading drugs for other property or services, buying drugs for someone else, giving drugs to someone else, or even just sharing a joint.

Utah criminal law also provides for enhanced punishments for possession of a controlled substance “with the intent to distribute.” In other words, if you are found in possession of drugs, and police or a prosecutor believe that you intended to sell, give away, share, or otherwise distribute the drugs, you can be charged with a crime on the same level as actual distribution of a controlled substance.

You may also find yourself charged with drug distribution without ever selling any drugs under a situation of mistaken identity or false accusation. Perhaps someone who looked like you was seen selling drugs. Or perhaps someone has falsely accused you of selling drugs for other reasons.

Finding the Right Defense Attorney

If you are facing criminal charges relating to drug distribution in Utah, the consequences can be very serious. Most drug distribution charges are filed on the second-degree felony level. That can mean a potential of up to 15 years in prison and nearly $20,000 in fines and surcharges. With enhancements, a distribution charge can result in a life prison term.