Use or Possession of a Controlled Substance or Paraphernalia

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Drug crimes include the illegal possession, transportation, manufacture, and sale of controlled substances, which are all serious offenses in Utah.

A conviction for a drug crime can result in hefty fines, imprisonment, and mandatory rehabilitation, among other harsh consequences.

Being accused of drug crimes can be stressful as it can lead to a daunting litigation process. By enlisting the services of an experienced drug crimes attorney, you can have your legal rights protected if you get arrested for a drug crime.

Utah Drug Possession Law

According to Utah law, it’s illegal for a person to be in possession of any controlled substance, knowingly and intentionally, unless it’s through a valid medical prescription.

There are several different types of controlled substances, which fall into different categories based on potential abuse and medical usage. The categories include:

• Schedule I — This category includes substances such as heroin, nicocodeine, acetorphine, acetylmethadol, and marijuana.
• Schedule II — This includes morphine, codeine, oxycodone, amphetamine, and oxymorphone.
• Schedule III — Substances include buprenorphine, benzphetamine, and chlorhexadol.
• Schedule IV — Substances like modafinil, barbital, and petrichloral fall into this category.
• Schedule V — This category encompasses mixtures and compounds of limited quantities of narcotic drugs such as opium, some forms of codeine, dihydrocodeine, ethylmorphine, and difenoxin.

Below are some of the commonly charged drug offenses in Utah:

• Drug trafficking.
• Possession with intent to distribute.
• Possession of a controlled substance.
• Manufacture of a controlled substance.
• Distribution of a controlled substance.
• Possession of drug paraphernalia.

In Utah law, drug possession can also include “constructive possession.” This offense normally happens when there is an illegal substance in your home or car, and it can be proven that you had the ability and the intent to exercise control over the substance, such as using, selling, or giving it to someone else. In such a situation, you could be found guilty even though you never purchased, used, or actually possessed the substance.

Penalties and Consequences for Drug Convictions

The consequences of drug crime convictions vary by substance category. They also depend on other factors such as:

• Previous convictions.
• The intent of the offender.
• Whether the offense involved a minor.
• Whether the offender was part of a larger group of drug manufacturers or distributors.

If it is your first or second conviction of possession of a drug, you could be convicted of a class A misdemeanor. This conviction results in a one-year imprisonment and/or fines of up to $4,875.

A third or subsequent conviction attracts a third-degree felony, which leads to up to five years in jail and/or fines of up to $9,750.

If you’re guilty of a second-degree felony, you can get anywhere between a one- and fifteen-year imprisonment and/or fines of up to $19,950.

Expert Legal Help and Defense in Utah

Utah is one of the strictest states in the U.S. when it comes to drug crimes. The consequences of drug crimes in Utah can be harsh and expensive. If you’re facing a drug crime charge, don’t hesitate to contact Hoyer Law.

Finding the right drug crimes attorney as soon as possible is critical to the outcome of your case. Hoyer Law has a team of criminal law experts with extensive experience and an excellent track record. We’ll communicate with the authorities on your behalf.

We’ll also represent you during court hearings and try to find defenses or mitigating measures to help you get the best possible result for your case.

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