Drug Crimes: Heroin Distribution

Drug Crimes: Heroin Distribution

Heroin Distribution - Drug Crimes - Attorneys


Heroin (diacetylmorphine) is used as a recreational drug for the transcendent relaxation and intense euphoria it induces. Frequent and regular administration is associated with tolerance and physical dependence, which may develop into addiction. Adulterated "street" heroin is considered to be one of the most harmful drugs, especially if consumed intravenously.

In the United States, heroin is a schedule I drug according to the Controlled Substances Act of 1970, making it illegal to possess without a DEA license.

Heroin Distribution

First Offense (with Use of a Firearm)

Utah Code §58-37-8(1)(b)(i) and §58-37-8(1)(c)


2nd degree felony.


A defendant commits a 2nd degree felony distribution of heroin, 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.


2nd 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)


2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. 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(2))


A defendant convicted of a 2nd degree felony heroin 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)

DNA Specimen Analysis

A defendant convicted of a 2nd degree felony heroin distribution must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Driver License

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 heroin.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

Distribution of heroin 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)

Other Criminal Charges

Learn more about crimes related to Heroin Distribution. If you have any questions, please feel free to call our office at (801) 505-1586.

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