Drug Crimes: Marijuana Possession
Drug Crimes: Marijuana Distribution
Marijuana:
Cannabis, also known as marijuana, is a preparation of the Cannabis plant intended for use as a psychoactive drug
and as medicine. The principal psychoactive constituent of cannabis is tetrahydrocannabinol (THC).
Cannabis is classified as a Schedule I drug under the federal Controlled Substances Act of 1970 and is deemed to
have a high potential for abuse and no legitimate medical uses. As such, it prohibits the possession, usage,
purchase, sale, and/or cultivation of marijuana.
Marijuana Distribution
Second Offense (or Higher, with Use of a Firearm)
Utah Code §58-37-8(1)(b)(ii) and §58-37-8(1)(c)
Degree
2nd degree felony.
Elements
A defendant commits a 2nd degree felony distribution of marijuana 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 has been previously convicted of distribution of marijuana.
Fine
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)
DNA Specimen Analysis
A defendant convicted of a 2nd degree felony marijuana distribution must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
Restitution
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
Imprisonment
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), §58-37-8(1)(c))
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 marijuana.
(Utah Code Ann. §53-3-220(c))
Seizure, Forfeiture, Property Rights
Distribution of marijuana 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 Marijuana Distribution. If you have any questions, please feel free to call our office at (801) 505-1586.
