Are synthetic cannabinoids
(spice) legal in Utah?
Prior
to 2011, certain synthetic
cannabinoids (synthetic cannabis) were legally marketed in Utah.
Sold under names including "Spice" and "K2," they were
ostensibly intended to be used as potpourri or as
herbal incense. Because many people smoked these substances
as a substitute for
marijuana,
they have been banned. Possession of these substances is now considered a criminal offense.
If you are facing criminal charges in Utah, it is important to have the assistance of an experienced
criminal defense attorney. Based in Salt Lake City, Stephen Howard provides legal services to clients throughout Utah. His
track record includes not guilty verdicts, dismissals, and appellate reversals in some of the most serious charges on the books in Utah.
Contact us today to schedule an initial consultation.
Legalization and Criminalization of Spice and Marijuana in Utah
In 2011, the Utah state legislature enacted Utah Code Ann. 58-37-4.2,
which lists a number of specific chemical
compounds which are now treated as controlled substances under Utah
law. For the most part, the possession, manufacture, or
distribution of these substances is now treated the same as the
possession,
manufacture,
or
distribution
of marijuana.
Since Utah Code Ann. 58-37-4.2 lists only specific chemicals,
it is likely that creative chemists will develop other chemical
compounds with similar psychoactive effects. But even
chemical compounds not specifically listed in the statute may still be
illegal depending on how they are used. Utah Code Ann.
76-10-107 makes it a crime to use or possess a number of specific
substances or "other chemical substance capable of causing a
condition of intoxication, inebriation, excitement, stupefaction, or
the dulling of the brain or nervous system as a result of the
inhalation of the fumes or vapors of such chemical substance" if the
substance is used or possessed "for the purpose of causing a condition
of inebriation, excitement, stupefication, or the dulling of the brain
or nervous system."
While other surrounding states have passes legislation
legalizing the possession and use of marijuana for
medical
or recreational purposes, Utah law continues to make the possession of
marijuana, spice, and other similar chemicals a criminal offense.
Having an
experienced attorney can be critical to understanding an protecting your rights.
Finding a Utah Criminal Defense Attorney in Salt Lake City
The
consequences of a
criminal conviction in Utah can be serious. If you
are facing criminal charges for possession or use of controlled
substances or other chemical substances in Utah, an experienced
criminal defense lawyer
can make all the difference in your case.
Contact us now to
schedule an initial consultation with
Salt
Lake City criminal defense attorney Stephen Howard.