If you’ve been arrested and are facing the consequences of Utah drug charges, you’re most likely overwhelmed. You don’t know where to start, who to hire, how to defend yourself against severe penalties, or your legal options.
Hiring a criminal defense attorney familiar with Utah drug charges increases your chances of a favorable outcome. Drug charges in Utah can affect every aspect of your life, from employment options to where you can live, and you must have a strong defense.
Utah Drug Charges Are Not The Same As They Were A Decade Ago
In the last decade, Utah drug charge laws have changed significantly, particularly with the passage of the Justice Reinvestment Initiative in 2015. This Utah state legislation aimed to reduce incarceration rates for non-violent Utah drug charges and prioritize treatment over punishment.
Funded by the Bureau of Justice Assistance, the Crime and Justice Institute (CJI) provided technical assistance to support Utah in expanding behavioral health treatment, focusing resources on severe threats to public safety, and strengthening community supervision.
As a Salt Lake City resident, you must understand these legislation changes and how they may impact your rights and legal options if you face Utah drug charges.
A Shift Towards Rehabilitation
The Justice Reinvestment Initiative was a landmark move by the Utah legislature, recognizing the need for a more productive approach to tackling substance abuse issues. By downgrading certain Utah drug charges from felonies to misdemeanors, the state sought to divert non-violent offenders away from lengthy prison sentences and towards rehabilitation programs.
Understanding Utah’s Drug Possession Laws
Under the revised Utah Code § 58-37-8, the penalties for drug possession have been significantly altered. A breakdown of the fundamental changes include:
First and Second Convictions for Schedule I or II Substances
Before the reforms, possession of Schedule I or II controlled substances, such as methamphetamines, oxycodone, or heroin, could result in a second-degree felony (one to 15 years in prison) or even a first-degree felony (five years to life).
However, under the new Utah drug laws, the first two convictions for possession of these substances are currently classified as Class A misdemeanors, which carries a maximum sentence of up to one year in jail and a $2,500 fine.
Subsequent Convictions and Felony Charges
While the first two convictions for possession of Schedule I or II substances in Utah are treated as misdemeanor drug charges, a third conviction escalates the charge to a third-degree felony. These reduced penalties apply only to simple possession cases and do not extend to offenses involving distribution, manufacturing, or trafficking controlled substances.
Marijuana Possession
The reforms have also impacted the penalties for marijuana possession. Previously, possession of any amount of marijuana could result in felony charges, depending on the quantity. Under the new laws, possession of less than 100 pounds of marijuana is now considered a Class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. A third conviction for marijuana possession is elevated to a Class A misdemeanor.
See Also: What Are The Differences Between Misdemeanors and Felonies in Utah?
Utah Drug-Free Zones and Enhanced Penalties
While the reforms have generally reduced penalties for non-violent drug charges, Utah still maintains enhanced penalties for drug-related crimes committed in certain areas. These “drug-free zones” include:
- Within 100 feet of schools, preschools, child-care facilities, public parks, amusement parks, recreation centers, houses of worship, and libraries during operational hours.
- In the presence of a person under 18 years old, regardless of location.
- To facilitate the transport, delivery, or distribution of controlled substances to an inmate or on the grounds of a correctional facility.
Offenses committed within these designated areas can result in increased penalties for Utah drug charges, potentially elevating the charges to a higher degree of felony or misdemeanor. A Salt Lake City misdemeanor and felony lawyer will help you navigate and potentially mitigate the penalties of a Utah drug charge.
Utah Drug Charges and Expungements: Looking Toward a Fresh Start
Utah’s laws also provide opportunities for expungement and pardons for individuals with prior drug convictions. Expungement can help remove certain convictions from an individual’s criminal record, while pardons can restore certain rights and privileges lost due to a conviction.
The eligibility criteria and processes for expungement and pardons can be complex, and you should seek legal counsel from an experienced Utah drug charge defense lawyer to navigate these options effectively.
Defending Your Rights: The Importance of Legal Representation
Even with recent reforms, facing drug charges in Utah can have severe consequences. The smartest decision you can make is having a dedicated Salt Lake City drug charge attorney to protect your rights.
An experienced Utah drug defense attorney has the ability to:
- Evaluate the specific circumstances of your case and the charges against you.
- Identify strategic defenses or mitigating factors that could lead to reduced charges or dismissal.
- Negotiate with prosecutors for favorable plea bargains or alternative sentencing options, such as treatment programs.
- Represent you in court and defend vigorously if your case goes to trial.
Working with a reputable Salt Lake City criminal defense lawyer can substantially improve your chances of minimizing the long-term impact of drug charges on your life.
Read More: Plea Bargaining in Criminal Defense: Pros, Cons, and Strategies
Take Action, Protect Your Future – Intermountain Criminal Defense is On Your Side
If you have been charged with a drug offense in Salt Lake City or anywhere in Utah, you must immediately seek legal representation. The consequences of Utah drug charges can be far-reaching, affecting your freedom, employment prospects, and overall quality of life.
At Intermountain Criminal Defense, our team of experienced Salt Lake City criminal defense attorneys is committed to providing in-depth legal representation to residents facing Utah drug charges.
Contact Intermountain Criminal Defense to schedule a confidential, free consultation with our Salt Lake City criminal defense attorneys.
