The Importance of an Experienced Marijuana Defense Attorney

As you may know, Utah continues to strictly enforce and prosecute marijuana crimes. You can take a vacation to a state where marijuana is legal and enjoy it there, but as long as you live in Utah, law enforcement wants what happens outside Utah to stay outside Utah.

If you choose to risk it and use marijuana in Utah, it’s important to be prepared with the contact information of an experienced marijuana defense attorney. Here are a few circumstances to keep in mind that could lead to you needing to make that call. 

Simple Possession of Marijuana in Utah

Let’s say you brought some marijuana back from another state and get caught with it by law enforcement. You may wonder what’s the worst that could happen? Here’s the breakdown.

Classifications and Penalties


The first and second offense is Class B misdemeanor (up to six months in jail and/or up to $1,000 in fines).

The third offense is a Class A misdemeanor (up to a year in jail and/or up to $2,500 in fines). 

A fourth or subsequent conviction is a third-degree felony (up to five years in prison and/or up to $5,000 in fines).

Possession of 100 pounds or more is a second-degree felony (up to fifteen years in prison and/or up to $10,000 in fines).

On top of those penalties, any conviction for possession of marijuana in Utah will result in a driver's license suspension for six months.

Possession and Sale of Marijuana Paraphernalia 

For those who may not know, paraphernalia can be anything that is intended or modified for making, using, or concealing drugs. So what if you smoked all the weed out of state, but then get caught with paraphernalia in Utah? Or what if you want to make money selling paraphernalia to others? 

Classifications and Penalties


Possession of marijuana paraphernalia in Utah is a Class B misdemeanor (up to six months in jail and/or up to $1,000 in fines).

The sale of paraphernalia is a Class A misdemeanor (up to a year in jail and/or up to $2,500 in fines). 

The sale of paraphernalia to a minor is a third-degree felony (up to five years in prison and/or up to $5,000 in fines).

Cultivation of Marijuana


If you decide that all bets are off and pursue an involved participation in the marijuana business in Utah, the penalties become more severe. Cultivating marijuana is classified as manufacturing a schedule III controlled substance. The severity of the charges will depend on the weight of the plants found. 

Classifications and Penalties


The first offense is a third-degree felony (up to five years in prison and/or up to $5,000 in fines).

A subsequent offense is a second-degree felony (up to fifteen years in prison and/or up to $10,000 in fines).

Sale of Marijuana


The sale of marijuana is similar to the crime of cultivation, however, the charges aren’t based on the amount sold. Additionally, selling in the presence of a minor or within 1,000 feet of a school increases the severity of the crime by one degree (see below), and if the crime is increased to a first-degree felony, that means a five-year mandatory sentence.

 A subsequent offense is a second-degree felony (up to fifteen years in prison and/or up to $10,000 in fines).

Classifications and Penalties


The sale of ANY AMOUNT is a second-degree felony (up to five years in prison and/or up to $5,000 in fines).

 A subsequent offense is a second-degree felony (up to fifteen years in prison and/or up to $10,000 in fines).

Experienced Marijuana Defense Attorneys

Whether you’ve been charged with a misdemeanor for simple possession or a felony for a more serious crime, the expert marijuana defense attorneys at Brown, Bradshaw & Moffat will help you navigate the drug laws in Utah. We have been defending individuals charged with marijuana offenses for more than 30 years. 

Contact us today at (801) 532-5297 for a free consultation. We can answer all your questions and help you defend your rights.


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