Drug-Related Crimes

In Utah, the most common drug-related crimes include possession of controlled substances, distribution or sale of drugs, drug manufacturing, possession with intent to distribute, and drug trafficking. These crimes can involve substances like marijuana, cocaine, methamphetamine, heroin, and prescription medications used unlawfully.

Penalties for drug possession in Utah depend on the type and amount of the drug involved. For example:

• Marijuana possession: Less than one ounce is typically a class B misdemeanor, punishable by up to six months in jail and a fine.

• Schedule I or II controlled substances: Possession of drugs like heroin or cocaine is a third-degree felony, carrying up to five years in prison and significant fines.

Penalties can increase with prior convictions or if the possession occurs near a school or drug-free zone.

Yes, possession of certain controlled substances, especially in larger quantities, can lead to felony charges. Possession of drugs like heroin, cocaine, or methamphetamine, even in small amounts, often results in third-degree felony charges. Possession with intent to distribute or trafficking typically results in more severe felony charges.

Several defenses may be available depending on the circumstances of the case, including:

• Unlawful search and seizure: If the drugs were found during an illegal search, the evidence might be excluded.

• Lack of possession: If you were unaware of the drugs or they were not in your control, this could be a defense.

• Entrapment: If law enforcement coerced you into committing a drug-related crime, this could be a valid defense.

• Medical necessity: For marijuana-related charges, a medical necessity defense might apply in some cases.

Yes, it is possible to expunge a drug-related conviction from your record under certain conditions. The eligibility for expungement depends on the severity of the crime, the time that has passed since your conviction, and whether you have completed all court-ordered requirements, such as probation. Consulting with an attorney can help determine your eligibility.

Utah law treats the unlawful possession, distribution, or sale of prescription drugs, such as opioids or benzodiazepines, very seriously. Even if you have a prescription, sharing or selling the medication is illegal and can result in felony charges. Possessing a prescription drug without a valid prescription can also lead to criminal charges.

Drug courts in Utah offer an alternative to traditional criminal justice processing for individuals charged with drug-related offenses. These courts focus on rehabilitation through intensive supervision, drug testing, treatment programs, and regular court appearances. Successful completion of a drug court program can result in reduced or dismissed charges.

Utah’s drug-free zone law imposes enhanced penalties for drug-related offenses committed within 1,000 feet of schools, parks, churches, or other areas where children are likely to be present. Offenses in these zones are often charged more severely, potentially elevating misdemeanors to felonies and increasing potential penalties.