Cocaine (benzoylmethylecgonine) is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. It is a stimulant, an appetite suppressant, and a topical anesthetic. Cocaine is the second most popular illegal recreational drug in the United States (behind marijuana). Because of the extensive processing it undergoes during preparation, cocaine is generally treated as a 'hard drug', with severe penalties for possession and trafficking. It is illegal to possess, grow, or distribute cocaine for non-medicinal and non-government-sanctioned purposes in almost every country.
1st degree felony.
A defendant commits a 1st degree felony distribution of
cocaine,
in the presence of a person younger than 18 years of age1 with a
firearm,
when they knowingly and intentionally distributes a controlled a controlled or counterfeit substance,
or agrees, consents, offers, or arranges to distribute a controlled substance. And,
defendant used, carried, or possessed on his person or in his immediate possession during the commission
or in the furtherance of the offense a firearm. And, defendant is found to have been
in the presence of a person younger than 18 years of age.
1Utah Code Ann. §58-37-8(4)(a)(x)
1st degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
1st degree felony: A term of imprisonment not less than 5 years and which
may be for life. And, a term of imprisonment of 1 year to run consecutively and not concurrently; and
the court may additionally sentence the defendant to an indeterminate term not to exceed 5 years to run
consecutively and not concurrently.
(Utah Code Ann. §76-3-203(1))
A defendant convicted of a 1st degree felony cocaine distribution may not posses, use or have
control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)
A defendant convicted of a 1st degree felony cocaine distribution must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
Utah's Driver License Division will immediately suspend for 6 months the license of a person upon
receiving a record of a conviction for distribution of cocaine.
(Utah Code Ann. §53-3-220(c))
Distribution of cocaine subjects the defendant seizure and forfeiture in accordance with the
procedures and substantive protections of Utah Uniform Forfeiture Procedures Act. This means that
defendant's car, land, house, belongings, and money can be seized by the State of Utah.
(Utah Code Ann. §58-37-13)
Learn more about crimes related to Cocaine Distribution. If you have any questions, please feel free to call our office at (801) 505-1586.