Loading...

Drug Crimes: Heroin Possession


Drug Crimes: Heroin Possession

Heroin Possession in the Presence of a Juvenile - Drug Crimes - Attorneys

Heroin:

Heroin (diacetylmorphine) is used as a recreational drug for the transcendent relaxation and intense euphoria it induces. Frequent and regular administration is associated with tolerance and physical dependence, which may develop into addiction. Adulterated "street" heroin is considered to be one of the most harmful drugs, especially if consumed intravenously.

In the United States, heroin is a schedule I drug according to the Controlled Substances Act of 1970, making it illegal to possess without a DEA license.

Heroin Possession

(in the Presence of a Juvenile)

Utah Code §58-37-8(2)(b)(ii), §58-37-8(4)(a)(ii)(K) and §58-37-8(4)(a)(x)

Degree

2nd degree felony.

Elements

A defendant commits a 2nd degree felony possession of heroin presence of a person younger than 18 years of age1 when they knowingly and intentionally possess or use a heroin analog or heroin 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)

Fine

2nd 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)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))

Firearms

A defendant convicted of a 2nd degree felony heroin possession may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)

DNA Specimen Analysis

A defendant convicted of a 2nd degree felony cocaine 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 heroin.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

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

Heroin Possession Defense
View More
Heroin Possession