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.
1st degree felony.
A defendant commits a 1st degree felony distribution of marijuana in the presence of a
person younger than 18 years of age1, with a
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 is found to have been in the presence of a person younger than 18 years of age.
And, defendant has been previously convicted of distribution of marijuana.
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.
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)
A defendant convicted of a 1st degree felony marijuana distribution must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
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))
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))
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)
Learn more about crimes related to Marijuana Distribution. If you have any questions, please feel free to call our office at (801) 505-1586.