Utah Marijuana Criminal Defense Attorney

Salt Lake City Marijuana Lawyer

Understanding Utah Marijuana Laws

Compared to other western states, Utah’s Marijuana laws are extraordinarily tough, which is why you need an experienced attorney to help you.

The penalties for possession and sale vary dramatically based on the amount of the drug you use or possess. Even a few grams can make the difference between a small fine and significant jail time. And because there are no exemptions, such as medical use – as there are in other states, Utah will penalize you for possession and sale in all cases, even if you have a valid prescription from another state. Frankly, we think this will eventually change, either by an act of Utah’s congress, or by federal court order.

Like most states, Utah puts plenty of legal significance of the proverbial "one-ounce of marijuana" or depending upon your scale of measurement, roughly 28.5 grams. What is the special significance of possession of one ounce verses some other weight measurement of marijuana? The answer is arbitrary, but simple. The State realizes personal use and consumption of marijuana varies between users, and that people using a drug for their own use should be treated less severely than a person selling drugs. On the other hand, the State believes this "personal use" presumption should have its limits. That limit in Utah is one once or less. Caught with any more than that, and things will quickly get much more serious.

For example, if you are stopped by law enforcement and they find just a small amount of marijuana, (about 10 grams under one ounce), unless more marijuana is subsequently found, you are likely to face a much lighter charge, attend a drug class, participate in community service and agree to unsupervised probation – but it is still very important to hire a competent attorney. But now let’s consider what happens when the weight in question is a few grams over the one ounce limit.

The scenario can change quite quickly. That’s because for the first time, the issue of sale and distribution of marijuana becomes an issue and law enforcement is inclined to treat such an investigation much more seriously. Police start looking for evidence of sale, often its paraphernalia such as marijuana scales, plastic-baggies, other times the police are looking for evidence of large amounts of cash, all things that could eventually help prove a marijuana felony drug sale case. Law enforcement is looking to make its case for a serious felony, and possession of an ounce or more with the intent to distribute can result in substantial jail time and fines.

The following is a summary of Utah’s Marijuana Drug Laws:

Utah Marijuana Possession

Possession of less than one ounce of marijuana is punishable by up to six months in jail and a fine up to $1,000. For possession of one ounce or more the penalty increases to up to one year in jail and a fine up to $2,500. Amounts of one pound or more carry a penalty of up to five years in prison and a fine up to $5,000. Possession of greater than 100 pounds is punishable by 1 – 15 years in prison and a fine up to $10,000.

Utah Marijuana Sale

The penalty for sale or delivery of marijuana is up to five years in prison and a fine up to $5,000. Sale in the presence of a minor or sale within 1,000 feet of a school, public park, amusement park, recreation center, church, synagogue, shopping mall, sports facility, theater or public parking lot increases the level of the offense to the next highest degree.

Utah Marijuana Drugged Driving

Utah has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids.

Utah Marijuana tax stamps

Utah has a marijuana tax stamp law. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. This will usually be an additional charge in addition to possession with intent to distribute, and will result in additional penalties and fines! Talk about incriminating yourself!