Utah Drug Attorney -
Salt Lake Marijuana Defense Lawyer
What is the punishment for possession of marijuana in Utah?
A
marijuana possession charge in Utah can be filed as a
misdemeanor or as
a
felony charge, depending on a variety of circumstances. Any Utah
marijuana possession charge carries the possibility of jail time and
substantial fines. If you are facing prosecution for marijuana or other
drug-related charges, an experienced
drug crimes and criminal defense
attorney can make all the difference.

Based
in Salt Lake City,
criminal lawyer Stephen
Howard provides legal
services to clients throughout Utah. His
record
of success in drug
cases includes cases ranging from first-degree felony distribution to
misdemeanor marijuana or paraphernalia cases.
Contact us now to arrange
for a confidential consultation.
The following information relates to some of the most common
marijuana-related charges, but is not a complete list of all possible
charges in Utah. If you are facing prosecution for maijuana or other
drug-related offenses, consultation with an experienced defense
attorney is strongly advised.
Second-Degree Felony Marijuana Charges
At
the second-degree felony level, a marijuana conviction in Utah carries
the
possibility of up to 15 years in prison and a $19,000 fine (including
surcharge). Marijuana possession can be filed as a second degree felony
under the following circumstances: possession with the intent to
distribute within a
drug-free
zone;
actual distribution of marijuana within a drug-free zone; or possession
of more than 100 pounds of marijuana (regardless of intent).
Third-Degree Felony Marjiuana Possession
A
third-degree felony marijuana charge in Utah is punishable by up to
five years
in prison and a fine (including surcharge) of up to $9,500. Marijuana
possession is classified as a third-degree felony under the following
circumstances: possession of more than 16 ounces but less than 100
pounds of marijuana; possession of marijuana with the intent to
distribute (with no drug-free zone enhancement); or growing or
cultivating marijuana (regardless of the amount).
Class A Misdemeanor Marijuana Charges
A class A misdemeanor marijuana charge is punishable by up to one year
in jail and fines up to $4,750 (including surcharge). Marijuana
possession can be filed at the class A misdemeanor level if: the amount
of marijuana possessed is at least one ounce but less than 16 ounces;
or possession of less than one ounce of marijuana in a drug-free zone.
Class B Misdemeanor Marijuana Possession
Class B misdemeanor charges in Utah are punishable by up to 180 days in
jail and up to $1,900 in fines (including surcharge). A basic charge of
marijuana (less than one ounce) begins as a class B misdemeanor.
Defenses to Marijuana Charges in Utah
An effective defense to marijuana possession or distribution
charges in Utah can involve important Constitutional rights under the
Fourth Amendment or
Fifth Amendment. Motions may be needed seeking the
suppression of evidence. Factual defenses may include
constructive possession
defense issues. The knowledge and intent of the defendant can serve as
potential sources of a factual defense to criminal marijuana charges.
A
thorough understanding of procedural rules, relevant statutory
provisions, and related caselaw can be critical to mounting a
successful defense. An understanding of how substance abuse treatment
and mitigation can influence the outcome of the case and lead to a
successful
negotiated resolution may also be critical.
Related Criminal Charges in Utah
Marijuana possession by itself can be a serious criminal charge under
Utah law. But a charge of possession of marijuana is often accompanied
by additional criminal charges. Common charges accompanying a marijuana
possession charge can include possession of drug paraphernalia, DUI, or
driving with a measurable controlled substance or metabolite. Each
additional charge can increase the maximum potential sentence.
Consultation with an experienced criminal defense attorney is vital to
ensuring that your rights are protected.
Finding a Utah Drug Crimes Defense Lawyer in Salt Lake City

If you are facing drug charges, an experienced
Utah
drug crimes defense attorney
can help you determine the best way to handle your case.
Fourth
amendment issues,
motions
to suppress, factual defenses, legal arguments, and treatment
options are all things that should be considered in defending your
case.
Based in Salt Lake City, criminal attorney Stephen Howard has extensive
experience defending Utah
drug charges. He is one of only a few Utah
criminal defense lawyers now in private practice with
experience working inside
Utah's
drug court system. He has successfully defended drug-related
criminal charges ranging from first-degree felony distribution to
misdemeanor marijuana and paraphernalia possession.
Contact us today to
schedule an initial consultation with
Salt
Lake City criminal defense attorney Stephen Howard.
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