St. George Drug Possession Lawyer
Ready to Protect Your Rights & Freedom
Whether you were arrested for drug possession or drug sale/distribution in Utah, a conviction can result in harsh criminal charges. In addition, having a drug crime conviction on your criminal record can make it extremely difficult to gain employment, apply for college, find housing, and live a normal life. Collateral consequences of any drug conviction in Utah can include driver license suspension and denial of professional licenses. An important step to take when facing such criminal charges is to hire an experienced criminal defense lawyer help you avoid conviction or serving serious penalties such as jail or prison time.
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How Many Schedules of Drugs Are There?
Utah divides controlled substances or drugs into five “Schedules.” Schedule I narcotics are considered the most dangerous because of their high probability of abuse/addiction and no accepted medical use. On the other end, Schedule V narcotics do not lead to abuse/addiction with wide accepted medical value.
Is Drug Possession a Felony or Misdemeanor?
Under Utah Code § 58-37-8(2)(b), a first and second drug possession offense involving a Schedule I or II controlled substance (e.g., cocaine, methamphetamine, heroin, mushrooms [Psilocybin], LSD, OxyContin, etc.) are considered Class A misdemeanors, which carry a maximum jail sentence of one year and a fine of up to $2,500. A third or subsequent conviction within seven years of the prior offense is a third-degree felony, punishable by imprisonment for up to five years.
Additionally, a first and second drug possession offense involving a Schedule III, IIV, or V substance, as well as marijuana, is a Class B misdemeanor, which carries a jail term of up to six (6) months and a maximum fine of $1,000. A third offense is a Class A misdemeanor, while a fourth or subsequent offense within seven years of the prior offense is a third-degree felony.
What Is the Penalty for Selling Drugs?
Under Utah Code § 58-37-8(1)(a)(ii), drug sale or distribution of a Schedule I or II narcotic is a second-degree felony, punishable by imprisonment for up to 15 years. Drug sale or distribution of a schedule III, IV, or more than one (1) pound (lb.) of marijuana is a third-degree felony. Lastly, drug sale or distribution of a Schedule V substance is a Class A misdemeanor.
Drug Possession & Distribution Laws in Utah
In 2015, HB 348 – known as the “Justice Reinvestment Initiative” – was signed into law and thus reduced the penalties for some drug-related offenses. For example, possession of a Schedule I or II controlled substance is now a misdemeanor, instead of a felony offense.
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Whether you are charged with a misdemeanor or felony, a conviction can lead to time behind bars and a permanent criminal record. I am ready to fight for you from start to finish, so do not wait to let me handle your criminal case immediately.
I have more than 33 years of experience protecting the rights, reputations, and freedoms of my clients, which includes handling more than 100 jury trials. I have helped more than 1,000 clients in Washington County and throughout Southern Utah get their charges reduced or their criminal cases dismissed altogether. Do not hesitate to let me help you obtain the most favorable result in your case.
Call (435) 740-8460 to discuss your case today. Serving clients in St. George, Hurricane, Cedar City, and throughout Washington County and Southern Utah.
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