In Utah, the lines dividing possession, manufacture, use, and distribution of illegal substances can be blurry to someone unfamiliar with the subject’s legal terminology. In Utah illegal drug possession or use is defined as the control, holding, maintaining, application or consumption of. It is not required in Utah for the person accused of use or possession to not have individual possession of the substance or drug, merely the ability and the intent to exercise control over the substance is enough. This loose definition allows for the prosecution of a drug dealer who really controls a drug distribution operation, but never actually touches the drugs. An enterprising drug dealer may have other people doing the transport of the drugs or hand off the drugs to customers. Modern police surveillance techniques often capture the complete picture of a drug operation. In many Federal drug distribution cases there are hundreds and possibly thousands of hours of wiretapped conversations.
The manufacturing of a drug is generally when a person produces an illegal substance through chemical means or other types of modification such as packaging and labeling. Manufacturing sometimes includes the cultivation of marijuana.
Distribution is the transfer of a controlled/illegal substance to another person. A transfer can be actual, constructive or attempted. Actual distribution is when a person physically transfers the controlled substance to another. Constructive distribution occurs when a person intends to sell or distribute an illegal substance, demonstrated through actions or suggestive data like possession of a large quantity of drugs.
If you are accused of a drug crime you should speak to an Utah criminal lawyer as soon as possible to better understand your charges as well as provide for your best defense.
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Tags: distribution, drug use, Drugs in Utah, manufacture, possession
