Utah Marijuana Defense Lawyers in Layton, Utah

Marijuana Charges


As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with crime involving marijuana, such as possession of marijuana, or you are currently under investigation for a crime involving marijuana, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence.


Defending Marijuana Charges in Utah

Utah marijuana laws are some of the most strict in the nation. Despite being legalized in several states (Colorado, Washington, California) for medical and recreational purposes, it remains illegal in the state of Utah. Possession of marijuana is strictly prohibited in the state of Utah and the consequences can include significant fines, jail time, probation, and/or community service. Depending on the amount of marijuana possessed and what it is determined to be intended for, marijuana charges can be as serious as a felony with a potential prison sentence. In addition, possession of marijuana charges can result in a driver’s license suspension.

Defending a marijuana charge in Utah requires knowledge and experience about Utah’s drug laws. It requires understanding the different types of possession, “actual possession” or “constructive possession” and an individual’s intent and knowledge of possessing the drug. In addition it requires an understanding of the constitution and your individual rights. It is possible your search and seizure rights were violated. Occasionally there are holes in an investigation that leads to an arrest or marijuana possession charge.

If you are facing criminal charges for a marijuana related crime in Utah, such as marijuana possession, you need one of our experienced Utah criminal defense lawyers. District Attorneys aggressively pursue charges in the state of Utah for marijuana possession, especially charges involving, trafficking, distribution, and manufacturing. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail.


Marijuana Charges- Understanding the Utah law

You can learn more about Utah’s marijuana laws by visiting utah.gov.

Despite the legalization of marijuana for medical and recreation purposes in other states, the laws prohibiting the use and possession of marijuana remain clear and are strictly enforced. Penalties for marijuana charges in Utah vary depending on the seriousness of the crime, the amount of marijuana involved, and prior criminal convictions. Consequences can range from a Class B misdemeanor to felony drug charges and prison time.

Marijuana, also known as pot, weed or cannibis, is the most common used illegal substance in the country. The state of Utah strictly enforces its laws prohibiting the use and possession of marijuana. These prohibitions include:

  • Possession of marijuana
  • Possession of marijuana with the intent to sale or distribute
  • Marijuana trafficking
  • Manufacturing of marijuana
  • Cultivation of marijuana
  • Possession of marijuana paraphernilia
  • Driving while intoxicated (driving while under the influence of marijuana)

According to the laws in the state of Utah, it is illegal for a person to intentionally or knowingly:

  • produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, marijuana
  • distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute marijuana
  • possess marijuana with intent to distribute

How does the legalization of marijuana in other states affect Utah cases?

Neighboring states such as Colorado, Arizona and California have passed laws that make the use and possession of marijuana for medical and recreational use legal. In addition, culturally the use of marijuana is becoming more widely accepted. However, the use and possession of marijuana remains strictly prohibited and illegal in the state of Utah.

Even if you have a prescription or card from another state, you can be charged with a crime for possession of marijuana in the state of Utah. If marijuana is in your system, even if it was consumed legally in another state where it is legal prior to coming to Utah, such as Colorado, you can still be charged for driving while under the influence of marijuana, or driving with a measurable controlled substance metabolite.

If you are from another state where marijuana is legal and you have been arrested or charged with a crime in the state of Utah for possession of marijuana or driving while under the influence of marijuana, contact our Utah criminal defense lawyers in Layton, Utah. We will help defend your case and get you the best possible outcome possible.


Marijuana Charges- Consequences of a Guilty Verdict

You can learn more about Utah’s marijuana and drug laws by visiting utah.gov.

Marijuana offense convictions vary from Class A misdemeanors to felonies and federal charges. The punishments can range from a small fine and probation to a serious prison sentence. Penalties and convictions vary depending on the amount of marijuana involved in the crime, the intended use of the drug– whether it was for personal use, intended to be sold, manufactured or delivered– and if the individual has a prior drug, marijuana or criminal conviction.

Penalties in the state of Utah for a marijuana charge can include the following:

  • Expensive fines and court fees
  • Jail time
  • Supervised probation
  • Community service
  • Prison sentence
  • Felony drug charges

Marijuana and Utah’s Controlled Substances Act

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver.

  • Marijuana under 50 kg.- Maximum 5 years/$250,000
  • Marijuana 50-100 kg.- Maximum 20 years/$1,000,000
  • Marijuana 100-1,000 kg.- Maximum 5-40 years/$2,000,000
  • Marijuana over 1,000 kg.- Minimum 10 years to life/$4,000,000
  • Hashish/oil under 100 kg.- Penalties differ from like quantities of marijuana

Utah Laws

To possess.

Marijuana under 1 oz.

  • Up to 6 months and/or up tp $1,000 fine.
  • Class B misdemeanor

Marijuana 1-16 oz.

  • Up to 1 year and/or up to $2,500 fine
  • Class A misdemeanor

Marijuana over 16 oz. but less than 100 lbs.

  • Up to 5 years and/or $5,000 fine
  • 3rd Degree Felony

Marijuana over 100 lbs. determined to be for distribution.

To possess with intent to sell.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony
  • 1-15 years and/or up to $10,000 fine

All penalties are enhanced by one degree if the incident occurs within 100 feet of a school, church, stadium, theaters, etc.

For more information about the Utah Controlled Substances Schedule you can download this table from Utah State University.


Criminal Defense Lawyer in Layton, Utah

If you are facing a marijuana possession conviction, the consequences could include serious jail and/or prison time and thousands of dollars in fines. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail. Our criminal defense team is based in Layton, Utah and represents clients throughout the state of Utah.

Criminal Defense Attorney in Layton, Utah

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The information on provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The use of this website does not create an attorney-client relationship. The viewing and receipt of the information on this site, or the use of the online submission form, does not constitute and attorney-client relationship. You should consult a qualified attorney in your state for advice regarding your situation.