Utah Criminal Defense
Attorney - Colorado Marijuana
What are the consequences
for Colorado residents arrested in Utah on marijuana-related criminal
charges?
Salt Lake City, Utah - As of January 1, 2014, Colorado has
provided legal means to buy, sell, and possess marijuana within the
state of Colorado. This applies not just to
medical
marijuana, but also
to marijuana intended for recreational use. While Colorado has changed
its laws, Utah laws regarding
marijuana
remain enforceable in Utah.
Colorado residents traveling through or visiting Utah may find
themselves facing criminal charges for marijuana-related charges. If
you have been arrested, cited, or charged with a crime in Utah, an
experienced
criminal defense lawyer can
give you the best chance at a
positive outcome in your case. Salt Lake attorney Stephen
Howard has a
track record of achieving
real results for his clients.

The
legalization of marijuana in Colorado has not changed Utah's
criminal statutes relating to marijuana.
Possession
of
marijuana, possession of marijuana-related
drug
paraphernalia,
driving
while under the influence of marijuana, or driving with a
measurable
amount of the drug metabolite are among the more common
criminal
charges filed against Colorado residents in Utah. Whether the marijuana
is used recreationally or for medical purposes, Utah law still provides
significant
misdemeanor
or
felony
penalties for these charges.
Marijuana Possession in Utah
Possession of marijuana in Utah is a criminal offense. Colorado
residents can find themselves facing criminal charges if they are found
to be in possession of marijuana in Utah. Even with a valid
prescription from a doctor, or proof that the marijuana was purchased
in Colorado, Utah law still provides criminal penalties for
possession
of marijuana. At its lowest level, Utah criminal statutes
classify
marijuana possession as a class B misdemeanor. Depending on the amount
of marijuana involved and whether the offense occurs within
a
drug-free
zone, criminal charges can be elevated to the
felony level.
Drug Paraphernalia in Utah
Marijuana-related
drug
paraphernalia under Utah law can include pipes,
rolling papers, grinders, scales, or even simply the packaging material
used to contain the marijuana. Because a container used to hold
marijuana can be considered drug paraphernalia, marijuana
possession charges are often accompanied by a drug paraphernalia charge.
Driving Under the Influence of Marijuana
Utah
DUI
laws include penalties for individuals driving under the
influence of alcohol, marijuana, or other drugs to an degree that the
individual is not able to safely operate the vehicle. Utah law does not
make a distinction between lawfully prescribed medications and illegal
drugs if the substance causes a driver to be unable to safely operate
the vehicle. Individuals who use marijuana or other medications or
drugs legal in Colorado may themselves facing DUI charges in Utah if
the drugs or medications cause an impairment of their ability to drive
safely.
DUI
charges in Utah begin at the misdemeanor level for both alcohol or
marijuana. In certain circumstances, the charge can be enhanced to the
felony level. In either case, a Utah DUI conviction can carry
significant consequences.
Driving with Measurable Marijuana Metabolite
Even if a person's use of marijuana is limited or far enough in the
past that it does not cause any impairment of the person's ability to
safely drive, Utah law still provides criminal penalties against a
person who operates a vehicle with even a small amount of detectable
marijuana
drug
metabolite in his or her system. If a blood or urine
test shows positive for THC metabolite, a person may be charged
criminally. This can be particularly problematic for Colorado residents
who find themselves driving through Utah. Because of the
length of time that marijuana metabolite can remain detectable in a
person's blood or urine, a Colorado resident driving through Utah could
face criminal charges days or even weeks after using marijuana. This
criminal charge does not require any proof that the marijuana use
occurred in Utah. Thus, a Colorado resident who uses marijuana legally
in Colorado then days later drives through Utah in an unimpaired state
could still be charged criminally.
A
person charged with driving with THC metabolite in their system should
look at the statute establishing this offense to see if it may provide
a possible defense strategy. The statute provides an affirmative
defense if a defendant presents evidence that the marijuana was
consumed legally. For a Colorado resident who has used
marijuana
only in Colorado and not in Utah, this affirmative defense could allow
a jury to return a not-guilty verdict for a DUI/Metabolite charge.
While Utah law does not recognize medical marijuana cards from other
states, and does not allow residents from other states to bring
marijuana through Utah, marijuana which was legally ingested in another
state should fit the elements of this affirmative defense.
Finding a Criminal Defense Lawyer in Utah

If
you have been cited, arrested, received a summons, or had a
warrant
issued against you in a Utah criminal case, it is important to contact
an experienced Utah
criminal attorney. It may be tempting to treat this kind of charge as insignificant, but the consequences of a conviction can be serious.
Serving clients throughout Utah, Stephen
Howard has
successfully defended marijuana cases for residents of Colorado and
other
states who have been charged in Utah, often in ways that have
not
required his clients to return to Utah for court.
Contact us today to arrange
for
an initial consultation. See what the right attorney can do for you.
RELATED QUESTIONS:
Can
I still be charged with drug possession if all of the drugs have been
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