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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