Utah Possession of Marijuana Lawyer

In Utah, being charged with possession of marijuana, can come with hefty fines and a record that can follow you. The penalties include a significant amount of jail time and hefty fines. Jail time can vary depending on how much marijuana you have in your possession. But some marijuana is legal, but how? These are not charges or penalties you want to face alone, let Weber Law’s team of experienced lawyers help you today.

What is the Statute?

It is unlawful for a person to knowingly and intentionally:

• Produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance;
• Distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance; or
• Possess a controlled or counterfeit substance with intent to distribute.

Marijuana is a controlled substance in the state of Utah, unless, you are using it for medicinal purposes.

Is medical marijuana legal?

If a person has an advanced practice registered nurse or physician, who believes that the individual’s illness could benefit from the use of marijuana, the physician can issue a card allowing that person to purchase and use marijuana for medical reasons. You cannot be charged with possession of marijuana if it has been prescribed to you, you obtained the marijuana legally through a legal dispensary, the marijuana is dosed medically, and/or the device you are using to ingest the marijuana is a medical cannabis device prescribed by a physician. If you have a medical marijuana card but obtain marijuana from a source that is not licensed, the possession of that marijuana can be cited. If you have a medical marijuana card from a different state, it is valid in Utah. A parent, legal guardian, or caretaker can also be in possession of the marijuana, if the purpose of the possession is to administer it medically to the patient.

What is the Punishment?

The punishment for being convicted of possession of marijuana in Utah depends on how much marijuana you possess.

Possession of marijuana is usually charged as a class A misdemeanor. Your first conviction usually comes with a lesser charge, but if it is not your first charge, the penalties you are facing can be very serious. Additionally, if you have more than 100 pounds of marijuana in your possession, you could be charged with a third degree felony.

A third degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00. 

A class A misdemeanor is punishable by up to one-year imprisonment and a fine of up to $1,000.00.

These are serious penalties that could have you in prison for a significant amount of time, let Weber Law work to get you the lowest time possible or even no time.

How Can You Fight It?

If you have been cited with possession of marijuana in Utah, there are a few ways Weber Law can fight for you. Whether it is negotiating to lower the charge to a lesser crime, reducing your fine amount or jail time, making sure the charge doesn’t go on your record, or defending you at trial, Weber Law will work for you every step of the way. By looking at potential evidence such as security cameras, your criminal record, the police report, and potential eye witness testimony, Weber Law will make sure to look at all the details of your case. By using defenses that have been successful in the past, for example, having a medicinal marijuana card, not knowing what you were in possession of, or the drugs being found during an illegal search, Weber Law will create a strong defense for you. At Weber Law we are experienced in defending these charges, winning these cases, and getting you back to everyday life. The court room can be a very intimidating place, you do not have to face it alone, let Weber Law’s team of experienced lawyers help you. A possession charge can have detrimental effects on future careers and your record could be ruined. Do not leave this charge up to chance.

 If you or anyone you know has been cited with possession of marijuana in the state of Utah, call Weber Law today for a consultation. 

• Utah Code § 58-37-8, Prohibited Acts – Penalties
• Utah Code § 58-37-3.7, Medical cannabis decriminalization
• Utah Code § 26-61a-102, Definitions
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals