Distribution of a Controlled Substance

The drug distribution laws in Utah prohibit the act of illegally importing, transporting, or selling controlled substances into the State of Utah.

Although these crimes for distribution were created to impose severe punishments on drug dealers, many of these prosecutions involve low-level participants or individuals with a smaller amount of narcotics intended for personal use.

Attorney for Drug Distribution Crimes in Salt Lake City, UT

If you were charged with committing Distribution of a Controlled Substance or Possession with Intent to Distribute, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP in Salt Lake City, Utah.

The drug defense attorneys in Salt Lake City, fight a variety of drug crimes from simple possession, possession with intent to distribute, sell or distribute, and large-scale trafficking offenses.

We understand the best defenses to fight these types of charges and ways to avoid the typical penalties and punishments. Contact us for a free consultation. 

Call (801) 532-5297 today.


Utah Distribution of a Controlled Substance Information Center


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Elements of Distribution of Controlled Substances

The crime of Distribution of a Controlled Substance requires proof beyond a reasonable doubt of each of the following elements:

  1. the defendant acted intentionally and knowingly;
  2. the defendant distributed a controlled substance under schedule I-IV; or
  3. the defendant agreed, consented to, offered, or arranged to distribute the controlled substance.

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Distribution of a Controlled Substance Penalties in Salt Lake County

Under Utah Code § 58-37-8(1)(a)(ii), it is illegal for any person to knowingly and intentionally distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance. Utah Code § 58-37-8(1)(a)(iii) makes it illegal for any person to knowingly and intentionally possess a controlled or counterfeit substance with intent to distribute.

A conviction for either one of these offenses depending on how the controlled substance involved has been classified is punishable as follows: 

  • Schedule V — Class A misdemeanor punishable by up to one year in jail and a fine of up to $2,500 for the first conviction. It is a third-degree felony punishable by up to five years in prison and a fine of up to $5,000 for second or subsequent conviction;
  • Schedule III or IV, or marijuana, or a substance listed in Section 58-37-4 — Third-degree felony punishable by up to five years in prison and a fine of up to $5,000 for the first conviction. Or, it is a second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000 for second or subsequent conviction; or
  • Schedule I or II, a controlled substance analog, or γ-Hydroxybutyric acid (gamma-hydroxybutyric acid or GHB) as listed in Schedule III — Second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000 for second or subsequent conviction. Or, a first-degree felony punishable by up to life in prison and a fine of up to $10,000 for second or subsequent conviction.

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Utah Distribution of a Controlled Substance Resources

Utah Drug Threat Assessment | Department of Justice (DOJ) — The National Drug Intelligence Center (NDIC) was a component of DOJ that annually released the National Drug Threat Assessment, which detailed drug trafficking and abuse trends within the United States. View an NDIC report that applied to Utah, specifically. While the report states that “Mexican criminal groups dominate the transportation and wholesale distribution of most illicit drugs throughout Utah,” it also notes that Caucasian criminal groups, local independent dealers, and outlaw motorcycle gangs are also involved in transporting and distributing illicit drugs in the state.

DEA/HIDTA/UAG Drug Prosecution Unit | Utah Attorney General — The High-Intensity Drug Trafficking Area (HIDTA) Program is a federal program administered by the White House Office of National Drug Control Policy. The DEA/HIDTA/UAG Drug Prosecution Unit is a combined effort of the Rocky Mountain HIDTA program and the Utah Attorney General. On this website, you can learn more about the respective missions of HIDTA, the DEA, and Utah Attorney General.


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Find a Distribution Defense Lawyer in Salt Lake City, UT

Were you arrested or do you think you could be under investigation for allegedly distributing an illegal drug in Utah? Do not make any statement to authorities until you first have the chance to contact Brown, Bradshaw & Moffat, LLP. 

Our Salt Lake City criminal defense attorneys aggressively defend individuals in communities throughout Tooele County, Utah County, Wasatch County, Davis County, Morgan County, and Summit County. Call (801) 532-5297 or complete an online contact form to have our lawyers provide an honest and thorough evaluation of your case during a free, confidential consultation. 


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