Intent to Distribute

In Utah, the crime of possession with the intent to distribute a controlled substance is punishable in the same manner as a charge of drug distribution. 

A conviction requires proof beyond a reasonable doubt that you knowingly and intentionally "possessed" the drug in question. If you were merely present at the place where the controlled substance was found, that fact alone is insufficient to prove that you were in possession of a controlled substance.

The charge also requires proof that you possessed the drugs with the intent to distribute them to another. The type of evidence that shows an intent to distribute the drugs can include the following:

  • the statements that the defendant makes that he or she intended to distribute the drugs to another person
  • the amount of drugs possessed are more than typically possessed for personal consumption
  • the way the drugs were packaged (being divided up into several small baggies)
  • the possession of paraphernalia used to sell drugs such as scales
  • the possession of a large amount of cash


For a solid defense, your criminal defense attorney must show all of the reasons why there was not sufficient evidence that you had control over the drugs you are charged with intending to distribute. Alternatively, another defense is to show that your possession was only for personal consumption and not with the intent to distribute or sell the drugs to another person.

Attorneys for Drug Distribution Crimes in Salt Lake City, Utah

If you were charged with possession of a schedule I or II controlled substance with intent to distribute, contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP. Our attorneys are experienced in fighting a wide range of drug crimes cases from simple possession to drug trafficking. Let us put our experience to work for you.

Call us at (801) 532-5297 today.

Additional Information about Intent to Distribute Crimes

  • Elements of Possession with Intent to Distribute
  • Penalties for Possession with Intent to Distribute
  • Firearm Enhancement for Drug Distribution Crimes
  • Enhanced Penalties for Drug Cases

Elements of Possession with Intent to Distribute

The crime of possession of a controlled substance with intent to distribute requires proof beyond a reasonable doubt of each of the following elements:

  • the defendant intentionally and knowingly possessed a controlled substance
  • the defendant was in actual or constructive possession of the substance
  • the substance is a controlled substance under schedule I - IV
  • the defendant possessed a substance with the intent to distribute that substance


The existence of a sufficient connection to prove constructive possession is a highly fact-sensitive determination. The court will consider a host of factors to determine whether constructive possession has been proven. While the list of factors are helpful in determining whether constructive possession can be proven, the list is not exhaustive. 

Penalties for Possession with Intent to Distribute in Utah

The penalties for crimes related to the possession of a controlled substance with the intention to distribute the drugs to another person depend on a variety of factors including the type of drug possessed, whether a firearm was used in connection with the possession, and the location where the possession occurred.

The crime of possession of a controlled substance (Schedule I or II) with intent to distribute is a second-degree felony under Utah code 58-37-8. This penalty applies to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. For a second offense, the crime is classified as a first-degree felony.

For marijuana, possession with intent to distribute any amount under 100 pounds is charged as a third-degree felony. A second offense, or any amount that is 100 pounds or more, is charged as a second-degree felony. Possession with intent to distribute Schedule III and IV drugs is also charged as a third-degree felony.

The statutory maximum penalties in Utah include the following:

  • for a third-degree felony, the penalty is 0–5 years in prison and a fine of up to $5,000
  • for a second-degree felony, the penalty is 1–15 years in prison and a fine of up to $10,000
  • for a first-degree felony, the penalty is 5 years to life in prison and a fine of up to $10,000

Other penalties that apply if a person is convicted of possession with the intent to distribute include a Utah driver license suspension. A drug conviction will also disqualify the accused from some types of federal student aid or housing options.

Firearm Enhancement for Drug Distribution Crimes in Utah

If it is determined beyond a reasonable doubt that you committed the crime of distribution of a controlled substance or possession of a controlled substance with intent to distribute, the jury will also be asked to decide whether you used a firearm during the commission of that crime.

To find that you used a firearm during the commission of the crime, the jury must find, beyond a reasonable doubt, each of the following elements:

  • the defendant acted intentionally, knowingly, or recklessly
  • the defendant used, carried or possessed a firearm
  • the firearm was on the defendant's person or in his or her immediate possession
  • the defendant's possession was during the commission of or in furtherance of the crime of distributing a controlled substance or possessing a controlled substance with the intent distribute

According to the code, if a firearm was used, carried, or possessed on the person or in the person's immediate possession during the commission or in furtherance of the offense, the court shall additionally sentence the person convicted for a term of one year to run consecutively and not concurrently; and the court may additionally sentence the person convicted for an indeterminate term not to exceed five years to run consecutively and not concurrently.

Enhanced Penalties for Drug Cases

Enhanced penalties apply in drug cases in Utah if the crime was committed in the following circumstances:

  • in a public or private elementary or secondary school or on the grounds of any of those schools during the hours of 6 a.m. through 10 p.m.
  • in a public or private vocational school or postsecondary institution or on the grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.
  • in or on the grounds of a preschool or child-care facility during the preschool's or facility's hours of operation
  • in a public park, amusement park, arcade, or recreation center when the public or amusement park, arcade, or recreation center is open to the public
  • in or on the grounds of a house of worship
  • in or on the grounds of a library when the library is open to the public
  • within an area that is within 100 feet of any structure, facility, or grounds of the locations above
  • in the presence of a person younger than 18 years old, regardless of where the act occurs
  • for the purpose of facilitating, arranging, or causing the transport, delivery, or distribution of a substance in violation of this section to an inmate or on the grounds of a correctional facility

Generally, a violation of any of these enhances the severity of the crime by one degree. For example, if the classification would have been a second-degree felony, it would become a first-degree felony. For those crimes that were already a first-degree felony without the enhancement, the crime is still a first-degree felony. However, the person convicted becomes ineligible for probation and the execution of the sentence may not be suspended.

For purposes of the enhanced penalties, Utah law provides that the defendant's belief or ignorance about whether the location was one of the locations identified above is not a defense. It is also not a defense that the defendant did not know the person was under 18 years of age.

This is not an exhaustive list of penalty enhancements. For more, read through Utah code 58-37-8.

Finding a Lawyer for Drug Distribution Crimes in Salt Lake City, Utah

At Brown, Bradshaw & Moffat our experienced drug defense attorneys can help you with asserting an aggressive defense at each stage of your possession with intent to distribute case. 

Call (801) 532-5297 to get started today.

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