DUI of Marijuana

Driving under the influence of alcohol and/or drugs is prohibited in all 50 states across the United States. When someone is driving under the influence, they are unable to safely drive due to the effects of the drug or alcohol use. Each state approaches driving under the influence of drugs differently, but it is safe to say that those found guilty of committing this crime may face harsh criminal penalties.

Under Utah Code Ann. § 41-6a-502; if a person:

  • is under the influence of any drug to a degree that renders the person unable to safely operate a vehicle; or
  • operates a motor vehicle while that person has any measurable controlled substance or metabolite of a controlled substance in their body, they may be charged with Driving under the Influence (DUI).

Marijuana DUI Attorney in Salt Lake City, UT

The lawyers of Brown, Bradshaw & Moffat, LLP have been representing those accused of traffic, driving under the influence, drug, domestic violence, theft, juvenile crimes and many others in Utah since 1998. We have defended marijuana charges at all levels ranging from simple possession to intent to distribute and can help you with your legal matters today.

Each case is different, which is why it is important to speak with the experienced criminal defense lawyers of Brown, Bradshaw & Moffat, LLP as soon as possible. We will investigate all details of your case and fight for the best possible resolution. It is our duty to protect your rights and we will be there with you every step of the way.

Contact Brown, Bradshaw & Moffat, LLP at (801) 532-5297 for an initial no obligation consultation.


Marijuana Use in Utah

Over the years Utah has remained conservative in its approach to marijuana. The use of marijuana or cannabis in Utah is illegal with the exception of non-psychoactive medical CBD oil, which is used to treat severe epilepsy. Cannabinol (CBD oil) is one of more than 100 active cannabinoids identified in marijuana.

If you are convicted of any marijuana offense in Utah, your license will be suspended. The possession or sale of marijuana in the presence of a minor or within 1000 ft. of a school may increase penalties as well.


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Utah Marijuana Penalties


Offense

Penalty

Max. Incarceration

  Max. Fine  

Possession

Less than 1 oz.

Misdemeanor

6 months

$ 1,000

1 oz. - 1 lb.

Misdemeanor

1 year

$ 2,500

1 - 100 lbs.

Felony

5 years

$ 5,000

More than 100 lbs.

Felony

1 - 15 years

$ 10,000

Sale

Any amount

Felony

5 years

$ 5,000

Paraphernalia

Possession of paraphernalia

Misdemeanor

6 months

$ 1,000

Sale of paraphernalia

Misdemeanor

1 year

$ 2,500

To a minor

Felony

5 years

$ 5,000


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Additional Resources

Utah Laws and Penalties for Marijuana on NORML - Visit the NORML website to view Utah’s penalties for being convicted of possessing, selling, and cultivating marijuana. On this website, you will also find information about drugged driving, possession of paraphernalia, and driving under the influence of marijuana.

Together for Responsible Use and Cannabis Education - TRUCE is an organization that advocates for safe and legal access to medical cannabis in Utah. Members of this group are very diverse and bring to light the benefits of legalizing the use or marijuana in the state.


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Criminal Defense Lawyers in Salt Lake City, UT

The lawyers of Brown, Bradshaw & Moffat, LLP have been representing those accused of committing various crimes in Utah for almost two decades. Our attorneys have successfully defended those charged with drug crimes, traffic crimes, domestic violence crimes, sex crimes, driving under the influence (DUI) crimes, property crimes, juvenile crimes, and many others within Salt Lake City, Utah and surrounding areas.

It is our mission to serve you and protect your rights. Speak with our experienced attorneys before speaking with anyone else about driving under the influence of marijuana or alcohol. Contact the criminal defense lawyers of Brown, Bradshaw & Moffat, LLP at (801) 532-5297 today for a free no obligations consultation.

This page was last updated on May 30, 2017.