Drug Crimes: Heroin Possession

Drug Crimes: Heroin Possession

Heroin Possession - 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 Possession

Utah Code §58-37-8(2)(b)(ii) and §58-37-8(4)(a)(ii)(K)


3rd degree felony.


A defendant commits a 3rd degree felony possession of heroin, when they knowingly and intentionally possess or use a heroin analog or heroin, unless it was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the person's professional practice.


3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), 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)


3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))


A defendant convicted of a 3rd degree felony heroin possession 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 3rd degree felony cocaine possession 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 possession of heroin.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

Possession 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 Possession. If you have any questions, please feel free to call our office at (801) 505-1586.