Being charged with drug possession in Utah can be scary, but it’s not the end of the world. In fact, if you get the right lawyer, your penalties and charges may be reduced. If you’ve been charged, you’re probably full of questions. Drug Possession Charges in UtahDepending on what kind of drugs you are found carrying in Utah, the charges aren’t always severe. For example, if you are charged with possession of marijuana, you may only face a Class B misdemeanor charge. The second time you are charged, you move up to the next level of consequences, namely a Class A misdemeanor. Charges continue to rise every time the offence is repeated. The length of time in jail also compounds by one year if a gun was involved. Understanding the different drug classifications can help you sort out what charges you face. Utah classifies drugs into Schedules I, II, III, IV, and V; the lower the number, the more dangerous the drug. A class V drug, for instance, is on par with less than an ounce of marijuana. The charges are as follows: Penalties for Drug Possession in UtahThe penalties for drug possession in Utah usually equal prison or jail time and a fine. A third degree felony equals 0-5 years in prison and a fine up to $5,000. A class B misdemeanor equals up to 0-6 months’ jail time and up a $1,000 fine. The recently adopted Justice Reinvestment Initiative encourages treatment over jail time. This means that although those faced with drug possession charges can very well receive jail time in exchange for their crime, they might not. The initiative encourages courts to levy opportunities for recovery instead of only incarceration. Those on probation can reduce their time in jail based on a release that is closely supervised. Those charged with drug possession are being offered the opportunity to take a class on substance abuse or joining a recovery program. Drug Laws and Drug CrimesDrug laws and drug crimes have gotten lots of attention in the past decade. Laws in every state and at the federal level prohibit the possession, manufacture, and sale of certain controlled substances — including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. Putting aside political arguments over the so-called “war on drugs,” it isn’t hard to see why controlled substances are the focus of so much attention from legislators and law enforcement. It’s estimated that drug and alcohol abuse costs society over $110 billion a year through accidental death and injuries, health care, dependency treatment, criminal behavior, and more. Illegal Drugs vs. Legal DrugsThe legality of a drug often depends on how it is being used or what it is being used for. For example, amphetamines are used to treat attention deficit disorder, barbiturates help treat anxiety, and marijuana can help alleviate cancer-induced nausea. But unprescribed and unsupervised use of these substances (and many others) is thought to present a danger to individuals and to society in general. So, for decades, lawmakers have stepped in to regulate the use, abuse, manufacture, and sale of illegal drugs. Federal, State, and Local Drug LawsThough there is a longstanding federal strategy in place to combat the abuse and distribution of controlled substances, each state also has its own set of drug laws. One key difference between the two is that while the majority of federal drug convictions are obtained for trafficking, the majority of local and state arrests are made on charges of possession. Out of these state and local arrests, over half are for the possession of marijuana. Another difference between federal and state drug laws is the severity of consequences after a conviction. Federal drug charges generally carry harsher punishments and longer sentences. State arrests for simple possession (i.e. possession without intent to distribute the drug) tend to be charged as misdemeanors and usually involve probation, a short term in a local jail, or a fine depending on the criminal history and age of the person being charged. Controlled SubstanceWhen a federal or state government classifies a certain substance as “controlled,” it generally means that the use and distribution of the substance is governed by law. Controlled substances are often classified at different levels or “schedules” under federal and state statutes. For example, under the federal Controlled Substances Act, marijuana is listed as a “Schedule I controlled substance,” cocaine is listed under Schedule II, anabolic steroids under Schedule III, and so on. The list includes a number of medications that are fairly common you’ll find cough medicine containing low levels of codeine classified under Schedule V. Distribution and TraffickingAs a drug charge, “distribution” usually means that a person is accused of selling, delivering, or providing controlled substances illegally. This charge is often used if someone tries to sell drugs to an undercover officer. Trafficking generally refers to the illegal sale and/or distribution of a controlled substance. Despite the name, trafficking has less to do with whether the drugs cross state lines, and more to do with the amount of drugs involved. The consequences of a conviction for distribution and trafficking vary significantly depending on: ManufacturingUnder federal and state drug laws, the government can charge a person for playing a part in the cultivation or manufacture of a controlled substance. Cultivation includes growing, possessing, or producing naturally occurring elements in order to make illegal controlled substances. These elements include cannabis seeds, marijuana plants, etc. A person can also be charged for producing or creating illegal controlled substances through chemical processes or in a laboratory. Substances created this way include LSD, cocaine, methamphetamine, etc. PossessionThe most common drug charge especially in arrests made under local drug laws involves possession of a controlled substance. Generally, for a possession conviction, the government (usually in the form of a district attorney) must prove that the accused person: DiversionMany states allow diversion for first-time offenders charged with simple possession of illegal drugs. Diversion allows offenders to maintain a clean criminal record by pleading guilty and then completing a prescribed substance abuse program and not committing additional offenses. At the conclusion of the diversionary period (18 months is common) the guilty pleas is vacated, the case is dismissed, and the offender can legally claim never to have been arrested or convicted of a crime. “Search and Seizure” LawsThe most common defense to a drug charge especially drug possession charges is a claim that a police officer overstepped search and seizure laws in detaining a person and obtaining evidence. If a defendant in a criminal case (usually through a criminal defense attorney) can prove that the police violated the defendant’s Fourth Amendment rights in finding and seizing drug evidence, that evidence may not be admissible in a criminal case against the defendant. Utah Drug Testing LawsUtah employers may require applicants to take a drug test as a condition of employment, as long as employers and management also submit to periodic testing. Testing may be conducted only according to the employer’s written policy, which must be available for review by prospective employees. Employers in Utah may test employees for drugs, as long as employers and management also submit to periodic testing. Employers may require testing for these reasons: Legal Claims Arising From Drug TestingEven though Utah law allows employers to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples: Utah Drug LawyersWhen you need Drug Lawyers in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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