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Drug Crimes: Marijuana Possession


Drug Crimes: Marijuana Distribution

Marijuana Distribution - First Offense - Attorneys

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

First Offense (with Use of a Firearm)

Utah Code §58-37-8(1)(b)(ii) and §58-37-8(1)(c)

Degree

3rd degree felony.

Elements

A defendant commits a 3rd degree felony distribution of marijuana with a firearm when they knowingly and intentionally distributes a controlled a controlled or counterfeit substance, or agrees, consents, offers, or arranges to distribute a controlled substance. And, defendant used, carried, or possessed on his person or in his immediate possession during the commission or in the furtherance of the offense a firearm.

Fine

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)

DNA Specimen Analysis

A defendant convicted of a 3rd 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

3rd degree felony: A term of imprisonment not to exceed 5 years. And, a term of imprisonment of 1 year to run consecutively and not concurrently; and the court may additionally sentence the defendant to an indeterminate term not to exceed 5 years to run consecutively and not concurrently.
(Utah Code Ann. §76-3-203(3), §58-37-8(1)(c) and §76-3-203(3))

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.