Penalties for Marijuana Possession
Penalties for
possession of marijuana
in Utah can be severe, and the consequences for a conviction can extend
beyond just the courtroom. If you are facing prosecution for marijuana
or other criminal charges,
contact us today to see how an experienced
criminal defense attorney can help you.
What are the potential penalties for simple possession of
marijuana in Utah?
Before 2015

Prior
to October 1, 2015, the penalties for simple possession of marijuana
depended largely on the amount (weight) of the marijuana seized by
police. Amounts under an ounce were classified as class B
misdemeanors.
Amounts between one ounce and one pound were
classified as class A misdemeanors. Simple possession of marijuana in
an amount over one pound but less than 100 pounds could result
in a third-degree
felony charge. Amounts over 100 pounds could
be filed at the second-degree felony level.
2015 Justice Reinvestment Initiative
Following the implementation of statutes enacted under Utah's Justice
Reinvestment Initiative, the penalty structure relating to marijuana
possession changed dramatically. Under the 2015 statute, a first
offense for simple possession of any amount of marijuana less than 100
pounds can be filed as a class B misdemeanor; a third offense can be
filed as a class A misdemeanor; and a fourth or subsequent offense can
be filed as a third degree felony. If the amount of marijuana involved
is greater than 100 pounds, then a charge of simple possession can be
filed as a second-degree felony.
As written, the statutory section governing simple possession of
marijuana can be somewhat misleading. Under its terms, a first offense
for simple possession of 90 pounds of marijuana would technically be a
class B misdemeanor. But it would be very rare that possession of that
much marijuana would be charged as "simple" possession. It is much more
likely that the charge would be filed as possession with the intent to
distribute. Possession of marijuana with the intent to distribute can
be filed as a third-degree felony for a first offense, regardless of
the amount; a second or subsequent offense can be filed as a
second-degree felony, regardless of the amount.
The distinction between a simple possession case and a possession with
the intent to distribute can be based on factual differences,
including: whether the amount involved is consistent with "personal
use" or is a greater amount more likely with distribution; whether the
marijuana appears to be packaged for resale; whether the person also
has possession of paraphernalia for packaging or weighing the
marijuana; whether cash is found with the marijuana, consistent with
evidence of recent sales; and admissions or statements made by the
defendant.
Finding a Drug Crimes Defense Attorney in Utah

Criminal
charges for
possession of marijuana in Utah can carry severe
penalties.
If you are facing prosecution for marijuana-related charges, it is
vital to have the assistance of an
experienced criminal defense
attorney. Whether the case is filed as a
misdemeanor
or
felony
charges, having the
right
attorney on your side is important.
Contact
us today to
see how we can help you.

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