Drug Crimes: Marijuana Possession

Drug Crimes: Marijuana Possession

Marijuana Possession - Drug Crimes - Attorneys


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 Possession

Second Offense - Less than One Ounce (in the Presence of a Juvenile)

Utah Code §58-37-8(2)(d)


3rd degree felony.


A defendant commits a 3rd degree felony, possession of marijuana in the presence of a person younger than 18 years of age1, when they knowingly and intentionally possess or use a controlled substance analog or a controlled substance and the amount of marijuana is less than 1 ounce, and they have been previously convicted of possession of marijuana and defendant is found to have been in the presence of a person younger than 18 years of age, 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.
1Utah Code Ann. §58-37-8(4)(a)(x)


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))

DNA Specimen Analysis

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

Seizure, Forfeiture, Property Rights

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