You may already be aware that Utah still strictly policies and prosecutes marijuana crimes. You are free to use marijuana when on vacation in a state where it is legal, but as long as you reside in Utah, law enforcement expects what happens outside of Utah to stay outside of Utah.
It is crucial to have an expert Henderson Cannabis Advocacy Lawyer contact information on hand if you decide to take a chance and consume marijuana in Utah. Here are a few scenarios you should be aware of if you need to make that determination.
Simple Marijuana Possession in Utah
Imagine that you brought a little marijuana with you from a different state and that law enforcement discovered it on you.
Categories and Penalties
- First and second offenses are considered Class B misdemeanors, punishable by up to $1,000 in fines and/or up to six months in jail.
- A Class A misdemeanor is the third offense and carries a maximum penalty of $2,500 in fines and/or a year in jail.
- A third-degree felony, punishable by up to five years in jail and/or up to $5,000 in fines, results from a fourth or later conviction.
- A second-degree crime, punishable by up to fifteen years in jail and/or up to $10,000 in fines, is possessing 100 pounds or more.
- In addition to these punishments, a conviction for marijuana possession in Utah carries a six-month driver’s license suspension.
Sale and Possession of Marijuana Accessories
For those who may not be aware, paraphernalia can be defined as anything designed or altered for drug production, use, or concealment.
Categories and Penalties
- In Utah, having marijuana accessories is a Class B misdemeanor.
- A Class A misdemeanor is selling paraphernalia.
- Selling drugs to children is a 3rd-degree felony.
Marijuana cultivation
The consequences get more severe if you decide to take no prisoners and pursue an active role in Utah’s marijuana industry. Marijuana cultivation is categorized as the manufacture of a schedule III restricted substance. The weight of the discovered plants will determine how serious the allegations are.
Categories and Penalties
- The first offense is a felony of the third degree.
- A second-degree felony is a subsequent offense.
Marijuana sales
Similar to the crime of growing, selling marijuana carries charges regardless of how much is sold. Additionally, selling while a minor is present or within a mile of a school raises the offense severity by one degree; if the act is elevated to a first-degree felony, a mandatory five-year sentence is imposed.
Categories and Penalties
- Any amount sold is considered a second-degree crime.
- A second-degree felony is a subsequent offense.
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