Penalties for Drug Crimes in Utah
The starting point for charging level and potential penalties for a drug case conviction in Utah is typically based on three main factors:
- what drug is possessed (the “schedule” on which the controlled substance is classified);
- the quantity of the drug; and
- whether distribution occurred or there was an intent to distribute.
Most simple possession drug charges begin at the misdemeanor level. Common factors that can contribute to enhanced penalties and felony charge include distribution or the intent to distribute, possession within a drug-free zone, and prior drug-related convictions.
Controlled Substances: Marijuana or Schedules I & II
Charges that involve a drug classified as a Schedule I controlled substance (e.g., heroin, opium, LSD, or psilocybin mushrooms) or Schedule II controlled substance (e.g., methadone, cocaine, methamphetamine, fentanyl, oxycodone, hydrocodone, or other opiates), under Utah Code Ann. 58-37-4, can be charged beginning at the class A misdemeanor level. Charges that involve most other controlled substances including Schedule III (Suboxone, Ketamine, Anabolic Steroids), Schedule IV, or Schedule V begin at the class B misdemeanor level.
Cases involving possession of marijuana present an exception to the “Drug Schedule” rules. Although marijuana is still (as of 2022) classified as a Schedule I controlled substance, being found in possession without a medical exception, (depending on weight, your location and time, and your prior criminal history) may result in charges that can range from a class B misdemeanor to a felony.
Related Charges in Utah Drug Cases
Possession of drug paraphernalia is commonly charged along with a drug possession or distribution charge. Paraphernalia is defined very broadly under Utah law, and can include things like syringes, baggies, balloons, pipes, scales, or other items used to ingest, inject, inhale, contain, or conceal a controlled substance.
Child endangerment is a charge that can be filed if drugs are possessed in a place or manner that makes it possible for a child to have access to the drugs. The endangerment charge does not require evidence that the child was actually exposed to or ingested drugs. Just the potential for contact with the drugs can be enough to support the endangerment charge.
DUI, impaired driving, and driving with a controlled substance or metabolite are charges that sometimes accompany a drug possession charge. Actual impairment caused by drugs (whether legally prescribed or not) can support a DUI charge. The presence of an un-prescribed controlled substance or metabolite in a driver’s blood can support a driving with metabolite charge, even if no actual impairment shown.
Drug Charges and Treatment in Criminal Cases
Potential penalties in drug crime cases can be severe. Getting involved in treatment or counseling can be a huge benefit in the criminal case, as well as helping an individual improve their own quality of life. The best criminal defense attorneys understand the connection between counseling and the criminal case.