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, in the Presence of a Juvenile)
Utah Code §58-37-8(1)(b)(ii) and §58-37-8(4)(a)(x)
Degree
1st degree felony.
Elements
A defendant commits a 1st degree felony distribution of marijuana in the presence of a
person younger than 18 years of age1, when they knowingly and intentionally distribute 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.
1Utah Code Ann. §58-37-8(4)(a)(x)
Fine
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)
DNA Specimen Analysis
A defendant convicted of a 1st 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
1st degree felony: A term of imprisonment not less than 5 years and which may be for life.
(Utah Code Ann. §76-3-203(1))
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.
