Marijuana use, sale, possession, delivery, cultivation, and trafficking are illegal in the state of Utah. Those who are found guilty of committing such crimes face very serious criminal penalties. Both federal and state laws prohibit the trafficking of controlled substances and drugs. Controlled substances are broken down into schedules, which are different levels based on their severity. Marijuana is categorized as a Schedule I drug, the most dangerous schedule of five.
Under Utah Code §58-37-8, it is unlawful for any person to knowingly and intentionally do the following:
to distribute a controlled or counterfeit substance with intent to distribute;
to produce, manufacture or dispense, or possess with intent to produce manufacture or dispense, a controlled or counterfeit substance;
to engage in a continuing criminal enterprise where the person participates, directs, or engages in conduct in violation of the provisions of Utah Code Chapter 37.
Drug trafficking is a very severe criminal offense and should be treated as such. The criminal defense lawyersof Brown, Bradshaw & Moffat, LLP have been representing those accused of criminal charges in Salt Lake City, Utah, and surrounding areas for decades. We are knowledgeable about the laws that govern controlled substances and drug trafficking and can work with you to reach a positive resolution of your case.
We represent clients in Salt Lake City, Cache, Davis, Summit, Weber, Tooele, Morgan, Cache, Summit, Davis, Box Elder, and Wasatch, Utah.
Contact Brown, Bradshaw & Moffat, LLP, at (801) 532-5297to protect your rights and find out more about your legal options. Your initial consultation is free.
Marijuana Drug Trafficking Penalties
Utah Code §58-37-8 states that a person who is found in possession of a substance classified in Schedule I or II, a controlled substance analog, or gamma hydroxybutyric acid, is guilty of a second-degree felony. If this is their second or subsequent conviction, he or she may be charged with a first-degree felony.
If the person is found with a substance classified in Schedule III or IV, or marijuana, then he or she may be charged with a third-degree felony. If it is their second or subsequent conviction, they will be charged with a second-degree felony.
If the person is found with a substance classified in Schedule V, then he or she will be charged with a class A misdemeanor. If it is their second or subsequent conviction, then he or she will be charged with a third-degree felony.
First degree felonies are punishable by a minimum of five years to life in prison and/or fines of up to $10,000.
Second-degree felonies are punishable by up to 15 years in prison and/or fines of up to $10,000.
Third-degree felonies are punishable by up to five years in prison and/or fines of up to $5,000.
Schedule 1 Controlled Substances
In Utah, controlled substances are classified into five categories, the list below includes Schedule I drugs:
Marijuana
Methamphetamine
Heroin
Morphine
Anabolic steroids
Oxycodone
Codeine
Hydrocodone
Cocaine
Psilocybin (Mushrooms)
Opium
Find a Utah Marijuana Trafficking Attorney Today
If you or a loved one are facing criminal drug charges in Salt Lake City, Utah, or the surrounding area, it is important to speak with the lawyers of Brown, Bradshaw & Moffat, LLP at (801) 532-5297 today.
Drug trafficking is a serious charge that carries very harsh penalties. Our attorneys are fully committed to protecting the rights of all clients they serve. During your initial consultation, you will be able to discuss a plan of action needed for a great defense.
Frequently Asked Questions About Marijuana Trafficking in Utah
1What is considered marijuana trafficking under Utah law?
In Utah, marijuana trafficking generally refers to the unauthorized distribution, manufacture, or cultivation of cannabis. Under Utah Code § 76-18-209, it is illegal to knowingly and intentionally distribute, or agree, consent, offer, or arrange to distribute a controlled substance. Under Utah Code § 76-18-210, it is illegal to knowingly and intentionally possess a controlled substance with the intent to distribute.
While small-scale possession is often a misdemeanor, trafficking carries higher charges.
2What are the penalties for a marijuana trafficking conviction in Utah?
Penalties in Utah are severe and depend on the amount of marijuana involved and prior convictions:
Possession of 100 pounds or more: This is typically charged as a second-degree felony, punishable by 1 to 15 years in prison and fines up to $10,000.
Distribution/sale (any amount): The sale of any amount of marijuana is generally a third-degree felony.
Enhancements: Penalties can be increased by one level if the offense occurs in a drug-free zone, such as near a school, park, or other areas where children tend to frequent.
3Can I be charged with trafficking for just possessing a large amount of marijuana?
Yes. In Utah, you do not need to be caught in the act of selling to face trafficking-related charges. The prosecution only needs to prove you had the intent to distribute. They can use the weight of the drugs, packaging materials, scales, or large amounts of cash as evidence of trafficking.
4Does a marijuana trafficking conviction affect my driver's license?
Yes. One of the unique aspects of Utah drug law is that any conviction related to marijuana — including possession, distribution, or trafficking — results in a mandatory six-month suspension of your driver's license. This applies even if the offense did not involve a motor vehicle. An experienced attorney may be able to help you navigate legal options to protect your driving privileges.
5What should I do if I am facing marijuana trafficking charges in Salt Lake City?
If you are charged with a drug felony, you should immediately exercise your right to remain silent and contact a criminal defense attorney. Marijuana trafficking is a serious offense that can lead to lifelong consequences, including a permanent criminal record and loss of federal benefits.
The legal team at Brown, Bradshaw & Moffat has decades of experience defending against drug charges in Utah and can help build a strategic defense to reduce or dismiss your charges.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
