weed Archives - Utah Criminal Defense Attorneys https://www.slccriminallawyers.com/tag/weed/ Salt Lake City's Defense Law Firm Thu, 05 Dec 2019 02:34:56 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://www.slccriminallawyers.com/wp-content/uploads/2021/10/cropped-Utah-Criminal-Defense-Attorneys-Logo-32x32.png weed Archives - Utah Criminal Defense Attorneys https://www.slccriminallawyers.com/tag/weed/ 32 32 Can I take edibles I bought out of state back to Utah? https://www.slccriminallawyers.com/can-i-take-edibles-i-bought-out-of-state-back-to-utah/ Thu, 05 Dec 2019 02:34:56 +0000 https://criminal.awebdevz.com/?p=2100 The simple answer is no. But if you question the legality of marijuana in Utah, that doesn’t mean that it is a silly question to ask. Right now is a semi-difficult time for advocates of medical marijuana and user of the substance recreationally. The laws, regulations, and general view of the matter by the public are rapidly changing. The beehive state is in a unique position because lawmakers have always had a strong stance against marijuana. In contrast, our neighboring states have legalized marijuana for recreational use. Because you can drive just a few hours from Salt Lake City to areas where it has now been legalized, some may still be confused.

It is illegal to bring edibles back to Utah.

It is essential to understand that if you travel to places like Colorado or Las Vegas, you need to eat or dispose of your edibles before heading back home to Utah. Here is a quick breakdown of the current charges associated with weed.

Code Section Utah Code 58-37, et. seq.: Utah Controlled Substances Act

Possession Under 1 oz.: Class B misdemeanor;

1-16 oz. not yet extracted from plant: Class A misdemeanor;

Over 1 lb.-100 lbs.: 3rd-degree felony;

Over 100 lbs.: 2nd-degree felony;

Subsequent offense: one degree greater penalty than provided for

Sale 3rd-degree felony;

Subsequent offense: 2nd-degree felony;

Within 1000 ft. of school or sale to a minor: one degree more than provided except 1st-degree felony is 5 yrs. mandatory

 

While certain state marijuana laws can regulate the use of pot within the state, possession, sale, and trafficking remain illegal under federal law. Another way of looking at this is to realize that federal agents may leave recreational use up to state officials; federal law will always surpass state law. So please don’t get confused and falsely believe that you can legally bring weed or edibles back to Utah just because you visited a place where the purchase was made legally. It is also important to note that Utah is a controlled substance state, so while we are talking about the legality of bringing pot back to Utah, it is also illegal to bring alcohol back into the state obtained elsewhere. If you have been charged with a drug offense, we recommend calling Utah Criminal Defense Attorneys at 801-987-8409 to speak with a legal professional.

]]> Utah is Number One in the Nation for Federal Marijuana Possession Charges https://www.slccriminallawyers.com/utah-is-number-one-in-the-nation-for-federal-marijuana-possession-charges/ Tue, 24 Sep 2019 15:50:53 +0000 https://criminal.awebdevz.com/?p=2073 Last month, the Salt Lake Tribune released an intriguing tale defining the wide variety of government medication belongings convictions that occur every year in the state of Utah. The majority of these federal medication criminal offenses happen on public lands. Last year alone, over 165 people in Utah were charged with drug property on federal lands, mainly in the big state parks such as Moab, Zion, Bryce, and so on. Of those 165 individuals, 145 were charged with easy marijuana possession and the majority of those individuals were from out of state. Last year there was a total amount of 465 sentences for medicine property on public lands nationwide. Utah alone composed regarding one-third of the total convictions throughout the country. So what is it about Utah that brings about the high number of medicine charges in national forests every year? We offer a few ideas on the subject listed below:

Utah is Strict with Drug Possession

There are a couple of main reasons why Utah handed out a lot more federal marijuana sentences in national parks for the last couple of years than any other state. While Utah is not understood as a cannabis modern state, it rests between two of the most pot pleasant states in the nation, Colorado and the golden state. As a result, Utah gets many people from California and Colorado coming through or hanging out at any number of the many national parks the state has to use.

If you or somebody you know was charged with marijuana or various other drug belongings on government land in Utah, call and also speak with a Utah Federal Defense Attorney at our office today. We have helped numerous individuals butted in Moab, Zion National Park, Glen Canyon, and other government areas.

]]> What are the marijuana possession charges in Utah? https://www.slccriminallawyers.com/what-are-the-marijuana-possession-charges-in-utah/ Tue, 23 Apr 2019 15:55:34 +0000 https://criminal.awebdevz.com/?p=1797 It may come as no surprise that Utah was one of the first states to outlaw marijuana. The criminalization of this substance happened clear back in 1915. As of this article’s writing, marijuana is classified as a Schedule I controlled substance in Utah. Citizens who favor legalization for either medicinal or recreational use can find themselves in a frustrating place. In many ways, the societal views of cannabis, weed, or pot use have changed and will probably continue to do so. States like Colorado, Nevada, and California have legalized the use of this substance for medical and recreational use. The idea that something is legal in one state, then illegal in another, is philosophically intriguing.

Marijuana possession charges in Utah

Regardless of what our neighboring states are doing, one thing is still certain. It is illegal to carry any amount of cannabis in Utah without specific approval; if you or a loved one has been arrested for possession, the following charges depending on the amount in your possession at the time of the arrest.

  • One ounce or less – class B misdemeanor
    • Up to six months of jail time
    • Up to $1,940 in fines and an assessment
    • Possession in a drug-free zone such as a school, church, or park can result in a charge being upgraded to a class A misdemeanor
  • Between one ounce and one pound – class A misdemeanor
    • Up to 12 months of jail time
    • Up to $4,790 in fines and an assessment
  • Between one and 100 pounds – a third-degree felony
    • Up to five years in Utah State Prison
    • Up to $9,540 in fines
  • Over 100 pounds – a second-degree felony

The implication of weed charges

Most people find themselves in a position where they have less than one pound of marijuana. Relative to other drug charges, the penalties can seem relatively light. This is especially true if you are a first time offender and happened to find yourself in the wrong place at the wrong time. When you have a small amount of marijuana or paraphernalia in your possession, the central area of concern may be other areas besides fines or jail time. Salt Lake City drug crime attorneys can help deal with the overall impact of a drug charge. This includes having the crime stay on your permanent record or the suspension of your driver’s license. If you or a loved one has been arrested and charged with possession or distribution, you should consider speaking with an attorney near you.

]]> Charged with Marijuana Possession in Utah https://www.slccriminallawyers.com/charged-marijuana-possession-utah/ Fri, 15 Feb 2019 17:56:37 +0000 https://criminal.awebdevz.com/?p=1733 Utah is in an exciting place. We are a generally conservative state, with a strong religious presence. Like Colorado, California, and Nevada, our surrounding neighbors seem to have a different way of life. All three of these states have enormously changed their marijuana laws, allowing for recreational use. Marijuana is a Schedule 1 controlled substance and is illegal to possess, baring a legitimate medical reason. The amount in possession determines the punishments and charges associated with drugs.

Charges ranging from minor to major

  1. Possession of paraphernalia
  2. Possession with intent to deliver
  3. Distribution, sale, or delivery of marijuana or paraphernalia
  4. Cultivation – growing and/or harvesting cannabis seeds
  5. Trafficking – importing into or exporting out of the state

It does come down to the amount of marijuana the person has in their possession during the arrest.

  • One ounce or less – class B misdemeanor
    • Up to six months of jail time
    • Up to $1,940 in fines and an assessment
    • Possession in a drug-free zone such as a school, church, or park can result in a charge being upgraded to a class A misdemeanor
  • Between one ounce and one pound – class A misdemeanor
    • Up to 12 months of jail time
    • Up to $4,790 in fines and an assessment
  • Between one and 100 pounds – a third-degree felony
    • Up to five years in Utah State Prison
    • Up to $9,540 in fines
  • Over 100 pounds – a second-degree felony
    • Up to 15 years in Utah State Prison
    • Up to $19,040 in fines and an assessment

The punishments associated with these charges can have a massive impact on the accused. If you have been charged or arrested due to marijuana possession in Salt Lake City, contact an experienced defense attorney today. At The Ault Firm, we are here to provide a case review to help you know where you stand in the eyes of the law.

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