Dain Smoland, Attorney at Law PLLC
Criminal Defense in Utah
Dain Smoland, Attorney at Law PLLC
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MARIJUANA POSSESSION

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I Welcome Your Marijuana Case
Marijuana Charges and Your Utah Driver’s License
Marijuana and Driving Charges (Metabolite DUI)
Medical Marijuana (Utah’s Proposition 2)
Marijuana Criminal Penalties
Constructive Possession (“That Baggie Wasn’t Mine!”)
Related Blog Posts

I Welcome Your Marijuana Case

In Utah, we’re surrounded by states that have seriously reformed their pot laws–Colorado, Nevada and California, for instance–but not only is possession still a crime here, there are aspects of Utah’s marijuana laws that might shock and dismay you (see below).

Marijuana Charges and Your Utah Driver’s License

Under Utah statute 53-3-220, your driver’s license may be suspended for sixth months for any conviction under the Utah Controlled Substances Act or Utah Drug Paraphernalia Act—so that includes any charge of possessing marijuana or drug paraphernalia!  There are ways to try and avoid that suspension, so this is another good reason to talk to an attorney before pleading guilty.

Marijuana and Driving Charges

Please see my information on Driving with a Measurable Controlled Substance or “Metabolite DUI.”

Medical Marijuana (Utah’s Proposition 2)

In November of 2018, Utah passed a medical marijuana law by ballot initiative. It is good news, but it does not mean that it is safe or easy to get medical marijuana here or legal to possess marijuana for most people. I’ll try to keep this information updated as best I can as the law changes more (which it surely will), but for now check out this blog post: Utah Legalizes Medical Marijuana! Kinda! Sort of! 

Marijuana Criminal Penalties

For a long time, possession of less than one ounce of marijuana has been a Class B misdemeanor, punishable by up to 6 months in jail and $1,900 in fines. It used to be that possession of one ounce to one pound was a Class A misdemeanor, and possession of 1 pound to 100 pounds was a Third Degree Felony, and possession of over 100 pounds was a Second Degree Felony. However, Utah made a major revision to its drug laws, which went into effect last October, and now it seems that possession of any amount less than 100 pounds is only a Class B misdemeanor! See Utah Code 58-37-8. BUT (and this is a big BUT), don’t expect that you won’t be charged with a felony if you have 99 pounds of marijuana. That’s because there’s no lower cutoff amount for a charge of Possession with Intent to Distribute. So if you have more than a “personal use” amount of pot, you’ll still get slapped with a felony charge.

Possession of paraphernalia is also a Class B (see Utah Code 58-37a-5), with the same possible penalties. (See my blog post about Utah Paraphernalia Law)

If the police find a pipe with some marijuana resin in it, it’s very possible you’ll be charged with both possession AND paraphernalia (that resin counts!), and the sentence can be consecutive.  So if you got caught with a well-used bong, will you go to jail for a year? Probably not, unless you used it to bludgeon a puppy.  But these maximum penalties are technically possible, and some judges do send marijuana possessors for a stay in jail, and it’s very likely that any judge will order drug treatment and impose hefty fines, in addition to the collateral consequences such as a criminal record and a driver’s license suspension (see above).  So a possession/paraphernalia charge is still a big deal.

Constructive Possession (“That baggie wasn’t mine!”)

So the police found a baggie in the side-pocket of a car you were riding in, and you’ve been charged with possession.  You can still be guilty, even if you didn’t physically possess the controlled substance.  That’s the doctrine of “constructive possession.”  Under the law, that means you had both the “power and intent to exercise dominion and control” over the controlled substance.  What does that mean? Well, we attorneys argue about that very question every day of the week, and it’s ultimately up to the judge or jury to decide what it means.  But this is one of the few Utah laws which is slightly favorable to defendants (compared to other states), and if there’s any question over who actually possessed the contraband, you might have a viable defense.  It’s definitely something to talk to an attorney about.

Here’s some of my blog posts related to Marijuana Crimes:

  • The Legality of Automobile Searches
  • The Metaphysics of Utah’s Drug Paraphernalia Act
  • Simple Possession | Marijuana Charges on Federal Land
  • Proposition 2: Utah’s New Medical Marijuana Law

About My Firm

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Marijuana Crimes

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Note: Submitting this form doesn't make me your lawyer or obligate you to pay me anything. It's just an easy way to get in touch.
Recognition for Dain Smoland's NORML Membership

Some Posts from My Blog

  • Utah Legislature Temporarily Suspends Expungement Filing Fees!
  • Parolees Become Eligible for 402 Reductions in Utah
  • Utah’s “Clean Slate” Law, and Automatic Expungements
  • Utah Legalizes Medical Marijuana! Kinda! Sort Of!
  • Utah Eases Expungement Eligibility, Especially for Prior Drug Convictions!

Courts Where I Take Cases

I am licensed to practice criminal law anywhere in Utah, but my office is in Salt Lake City so I focus my defense practice on Salt Lake County and the surrounding counties: Weber, Davis, Utah, Summit, Wasatch, Tooele.

That includes any of the state, city, or federal courts located in Salt Lake City, West Jordan, South Jordan, West Valley, Heber, Park City, Provo, Ogden, Farmington, Bountiful, Holladay, Cottonwood Heights, Murray, Millcreek, South Salt Lake, Grantsville, Tooele, Orem, American Fork, Sandy, Draper, Centerville, Layton, Kaysville, and anywhere else within an hour's drive of Salt Lake. I'll also go down to Carbon County (Price and Helper), because I like that drive!

For locations in Utah outside that area, just contact me and we'll talk about it.

Categories of my blog posts

  • 402 Reductions
  • Constitutional Law
    • Fifth Amendment
    • Search and Seizure
  • Drug Laws
    • Marijuana Laws
  • Expungement Law
  • Interesting Legal News
  • Theft Laws
    • Shoplifting
  • Traffic Laws
    • Driver's License Laws
    • DUI Laws
  • Uncategorized

© 2023 Dain Smoland, Attorney at Law PLLC, a Salt Lake City Criminal Defense Attorney