Understanding Drug Laws in Utah: A Practical Guide
A Brief Overview of Utah Drug Laws
Utah drug legislation is determined on both a federal level and a state level. Utah has a number of regulatory agencies that set and enforce laws and regulations for the manufacture, sale, distribution, possession, and use of all illegal drugs. The Utah Department of Commerce Division of Occupational and Professional Licensing sets the laws for the licensing and regulation of healthcare professionals, including determining the qualifications and disciplinary actions for drug and alcohol abuse. The Utah Department of Health regulates using drugs for medical purposes, including research performed, records maintained, and federal regulations. The Utah Department of Public Safety provides the Utah State Laws and Regulations. Federal and state laws regarding drugs are not always in agreement, but state laws cannot contradict federal laws.
The federal Controlled Substances Act (CSA), enacted in 1970, classifies all narcotics, stimulants, depressants, hallucinogens, anabolic steroids, certain other drugs, and any chemicals used to make these drugs as a class of drugs (a schedule) . All drugs are categorized according to their potential for abuse and their current accepted medical uses. Even a tiny amount of an illegal drug can have significant penalties, including criminal charges, tax ramifications and problems obtaining certain jobs or licenses. The CSA prohibits the misuse of drugs and the unauthorized manufacture, distribution and use of the following controlled drugs: Schedule V: Abused drugs on the federal schedule carry stiff penalties, including imprisonment and heavy fines. State laws are similar and impose long terms of imprisonment and thousands of dollars in fines for violations. The following are the penalties for a drug offense in Utah:
The state penalties for drug offenses are less than the federal authorities, but often they involve jail time and fines. Federal law often trumps state law when it comes to penalties, so the risk of federal charges is always present if federal laws are violated.
Drug charges are serious in both federal and state systems, whether you have a simple possession charge or are facing federal trafficking charges. Since penalties are steep, hiring an experienced criminal defense attorney is prudent.
Categories of Drugs Under Utah Law
For the purposes of law and statute, Utah classifies drugs into five categories, or schedules. The degree to which a drug is classified depends on its potential for abuse, safety, and whether or not it is being used for medical purposes. Drugs with the highest potential for abuse are classified as schedule I drugs. Statistics show that people with a substance use disorder, such as a drug or alcohol addiction, may also suffer from a mental health condition. Those living with both these conditions are said to be experiencing a co-occurring disorder. Federal and state laws are very clear about the types of drugs that would fall under each schedule, including:
Schedule I drugs are highly addictive, have no medical value or purpose, and provide severe psychological and physical dependence. Drugs included under schedule I include heroin, ecstasy, marijuana, and cocaine. Schedule II drugs contain a very limited amount of opiates. These drugs can cause severe physical and psychological addiction, but they are still being used for medical treatment. Examples of drugs listed as schedule II include opiates like morphine, codeine, demerol, methadone, and hydrocodone, amphetamines (Adderall), and the barbiturates phenobarbital, hexobarital, and secobarbital. Schedule III drugs are classified as being potentially addictive, but the potential for addiction is less than that of schedule I or schedule II drugs. Schedule III drugs serve the purpose of controlling moderate narcotic compounds. They also include anabolic steroids, and the barbiturates amobarbital, secobarbital, and butabarbital. Examples of drugs that fall under the classification of schedule III drugs are Tylenol with codeine, paregoric, ketamine, and anabolic steroids. Schedule IV drugs contain lower amounts of narcotics and greatly reduced effects on the central nervous system. They are still classified as having some level of addiction potential, so laws and statutes regarding their prescription and use are somewhat restrictive. Examples of drugs that are classified as schedule IV drugs include Xanax, Ativan, Librium, Darvon, Talwin, Tranxene, and Ambien. Schedule V drugs, which are also classified as narcotics, are generally the least harmful of all the other classifications of drugs. They have an extremely low risk of addiction, but they are still being administered as a means of treating illness. Drugs that fall under the category of schedule V drugs include Lomotil, Motofen, Phenergan with codeine, and Robitussin AC syrup.
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. These are:
As you can see, even minor offenses such as possession of marijuana can result in felony charges depending on the amount of the substance involved. Conviction of a felony results in significantly harsher penalties, including the potential for lifetime prison sentences and exorbitant fines.
A simple possession charge for marijuana is a class B misdemeanor in Utah. This is a 1-year jail sentence and a $2,500 fine. Possession of drug paraphernalia is charged as a class B misdemeanor as well, but you are only looking at six months in jail and a $1,000 fine. If you possess less than 100 pounds of marijuana, you will be charged with a third degree felony, and the penalties will increase significantly. A third degree felony in Utah can result in a five-year prison sentence and a $5,000 fine. However, this minimum penalty is only given for a 1st time offense.
If you are convicted of drug trafficking, you will be charged with a 1st degree felony. In Utah, a 1st degree felony imposes not only serious punitive measures, but it excludes you from receiving parole or probation as well. Charged as a 2nd degree felony, drug trafficking of larger amounts of marijuana (100 to 1,000 pounds) is also a long, minimum prison term of at least 6 years with collateral costs of $12,500 in fines.
That said, be advised that state prosecutors rarely amend charges unless there is a viable reason. Any drug-related charges will result in serious penalties, so the best way to avoid them is simply to avoid wrongdoing.
Utah Marijuana Laws
Marijuana is one of the most recognizable and contentious of all drugs. Utah law is very specific when it comes to marijuana and is even more so when it comes to medical marijuana. Paradoxically, this means that the average person has a lot of questions and misconceptions about marijuana laws in Utah.
While there is no such thing as a recreational marijuana program or green card, there is a valid medical marijuana program for "medical cannabis." Utah law specifically prohibits the possession or use of marijuana except for in limited circumstances. The law prohibits:
The exceptions to the rule include limited uses of marijuana. For example, certain patients may use marijuana if it was prescribed by a doctor or qualified psychologist and the patient receives an identification card. It is important to note that there is not a legal recreational marijuana program currently.
If you are caught in possession of marijuana for the purposes of illegally using it, you may be prosecuted. If you are arrested for a substance possession charge relating to marijuana possession, you need to take it seriously. Even if you believe you have a right to possess marijuana based on the state’s medical marijuana program, you should not assume other people understand the matter the same way.
More information, including a guide to obtaining a medical cannabis card, can be found through the Department of Health. Specifically, information can be found through the Utah Medical Cannabis Program.
Utah Drug Trafficking Law
Utah has stringent laws that govern not only the possession of illegal drugs, but also the trafficking and sale of such substances. Trafficking, which involves the transport, sale, or distribution of illegal drugs, is one of the most serious Utah drug offenses—often resulting in steep penalties.
For the purposes of this statute, "illegal drugs" include those that are considered illegal under any state or federal law, such as (but not limited to) narcotics, marijuana and cocaine. Trafficking laws don’t just apply to residents of Utah, but to anyone who sells, produces, purchases, imports or exports a controlled substance within the state.
If a person possesses illegal drugs with no intent to sell, this is a Class B misdemeanor. If an individual attempts to sell or produce illegal drugs, or takes part in a conspiracy to sell or manufacture illegal drugs, this is a Class A misdemeanor.
If a person sells a drug—a Class A misdemeanor if not for remuneration or a second-degree felony if the person receives remuneration or is not within 1 , 000 feet of a school—this is known as a sale of a controlled substance. The specifics of the law banish the person guilty of a first offense to a minimum of five years in prison, assuming a regular drug, up to 15 years for a hard drug and up to life for a provocation drug.
A person convicted of a second offense of drug sale, which is a first-degree felony, must go to prison for at least 10 years but chances are, they’ll get life. The same penalties apply if they’ve been convicted of two or more Class A misdemeanor drug sales.
Another crime involving distribution of illegal drugs is allowing an adult to abuse a child with one of these substances or under-age access to these substances. Being charged with this crime is a Class B misdemeanor, as is the distribution of a drug to a minor.
As demonstrated by this quick overview, there are various ways in which a person may be charged with drug trafficking in Utah. The penalties vary based upon the type and quantity of drugs being dealt, whether the drugs are meant to be trafficked or are meant to facilitate a different crime, whether they are a person’s first or second drug offense, and where the trafficking occurs (i.e., near a public school).
Potential Defenses for Drug Charges
Defenses Against Utah Drug Charges
Navigating the ins and outs of the legal process can feel like trying to traverse a minefield, especially in the wake of Utah drug charges. To make matters easier, it pays to work with our Layton drug crime lawyers on your defense, using tried-and-true strategies. For example, if your arrest involved evidence obtained during an illegal search and seizure, then you can make use of the exclusionary rule. In most circumstances, any evidence obtained through an illegal search is inadmissible in court, which usually means prosecutors will drop the evidence from their case presentation.
Another strategy might involve challenging the legality of any property seizure. If an officer did not have probable cause to believe that any property in question had been used in committing a crime, then the resulting seizure of that property could be deemed illegal. Of course, these strategies will only be successful if evidence is clear that a below-mentioned error or limitation occurred on the part of a law enforcement official.
For many drug charges, intent plays a large role. Were you intentionally attempting to distribute drugs? Did you intend to pass off a controlled substance as a harmless imitation? If you did not have the right intention at the time of your alleged crime, then you may be able to use this to your advantage in your trial.
Finally, you could argue for a plea bargain. In many cases, there are extenuating circumstances related to the charges against you. You might, for instance, have acted under duress, and if you plead guilty to the lesser charge, prosecutors might be willing to drop some charges in exchange for your guilty plea. The result, in many cases, will be a reduced penalty, so it pays to consider this option.
How Federal Drug Laws Affect Utah Drug Laws
All drug laws are not created equal. It’s vital to remember that Utah drug laws exist within the larger framework of federal law. Federal drug laws play an essential role in understanding the legal consequences faced when violating Utah drug laws. For example, the federal government enforces stricter regulations on controlled substances than Utah does. Utah law doesn’t punish possession of marijuana with jail time, but the federal government does. Violating both laws means that you’ve violated federal law getting the worst punishment for violating that law.
The federal government is vested with the power to make all laws binding upon the entire United States. This is where Utah drug laws have to yield to the supremacy of federal legislation. Any conflict between a Utah drug law and a federal drug law is easily resolved: the more restrictive federal law governs, even if that means harsher penalties. Again, using cannabis laws as an example makes this point clear, because although Utah has a medicinal marijuana law it exists beside, but not on top of, federal law. You can smoke it in Utah, but you can’t smoke it anywhere else in America. And that means the penalties for violating federal drug laws for possessing marijuana apply wherever you go.
Utah Drug Law Updates and Changes
Over the past few years, Utah has seen significant changes in its drug laws, reflective of a broader trend across the United States toward more lenient policies on drug use, particularly among the population’s youth. As of July 1, 2019, Utah’s marijuana laws were considerably relaxed, with the state legalizing cannabis for recreational purposes. Certainly, this policy change sparked considerable commentary amongst politicians, lobbyists, and the general public alike. In anticipation of these changes, lawmakers passed SB 260 (now Chapter 30), which took effect immediately and authorized the Utah Department of Health to begin regulating the medical use of marijuana. That bill is a slight modification to the MJ laws that have been in effect since 2014. However, enforcement of SB 260 was delayed until the finalization of administrative rules and regulations by the 2019 Utah State Legislature, which took place last week.
However, not all of the recent changes to Utah drug laws have favored increased drug use and legalization. Perhaps the most impactful bill passed in the 2019 Legislative Session belies the trend in public opinion toward increased legalization. H.B. 430 increases penalties upon sentencing for drug-related offenses if the crime involves the "manufacture" of a controlled substance. The bill grew out of a public health imperative to reduce the impact of prescription opioid abuse on the broader public. It took effect May 14 , 2019 and stipulates that the punishment for the manufacture of a controlled substance is increased from two-, three-, or five-years’ imprisonment and/or a fine of $5,000, $10,000, or $25,000, respectively, to one-to-15 years’ imprisonment and/or a fine of $10,000 up to $200,000 for offenders based on a sliding scale dependent on the amount of controlled substance manufactured.
The passage of the two bills, both to legalize marijuana and to crack down on painkiller manufacturers and distributors, seems paradoxical if you look only at the legislative history of Utah drug laws. However, it is important to keep in mind the fact that the public health crisis around prescription opioids represents an ongoing threat to many Utah residents, and the government’s response appears to have been in keeping with the goals of Utah’s Drug and Opioid Misuse and Overdose Prevention Strategy. Additionally, the legal status of marijuana in Utah is more complex than it might seem at first blush. That is a distinction reflected in the number of lobbying groups that represent medical marijuana advocates in Utah State Legislature, marking a change from the past when only criminal defense attorneys spoke on behalf of those convicted of marijuana-related crimes.