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Wrongful Possession Of A Controlled Substance In Salt Lake
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Multi-State
County:
Salt Lake
Control #:
US-000303
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Charges for possession of a controlled substance can be found under Utah Code § 58-37-8(2). Under the law, you can be charged with simple possession if you have a controlled substance without a valid prescription or did not otherwise obtain it lawfully. To be charged, your possession must be knowing and intentional.
Understanding Utah's Guide to Drug Schedules Schedule I: High Abuse Potential with No Accepted Medical Use. Schedule II: High Abuse Potential with Severe Dependence Risk. Schedule III: Moderate to Low Potential for Abuse and Dependence. Schedule IV: Low Potential for Abuse and Dependence.
DREs classify drugs in one of seven categories: central nervous system (CNS) depressants, CNS stimulants, hallucinogens, dissociative anesthetics, narcotic analgesics, inhalants, and cannabis.
For a first or second conviction for possession, a person will face a class A misdemeanor, punishable by up to 364 days in jail and a $2,500 fine. For a third or subsequent conviction for possession, a person will face a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
Distribution — Utah criminal code makes very little distinction between the crimes of possession with the intent to distribute and drug distribution. Both are typically charged as second-degree felonies, punishable by up to 15 years in prison and a fine of $19,950.
Legal Framework of Drug Possession in Utah For instance, a first-time possession of a small amount of marijuana or another controlled substance may lead to a class B misdemeanor, with a potential punishment of up to six months in jail or a $1,000 fine.
Penalties for Drug Paraphernalia Crimes under Utah Law. Possession of drug paraphernalia (use or possession with intent to use) is a class B misdemeanor, punishable by a maximum sentence of six months in jail and a fine of up to $1,000.
Utah Drug Offense Penalties Law enforcement officials across the state have an especially low tolerance for drug offenses. The state provides a wide range of penalties for drug offenses, from misdemeanors to felonies. Utah state statute defines five different classes of drug offenses.
Possession of Schedule I or II drugs, such as heroin, cocaine, or methamphetamine, is a third-degree felony, while possession of Schedule III, IV, or V drugs is a Class A misdemeanor.