Posts Tagged ‘distribution’

Drug Trafficking Bust in Utah

Utah Criminal Defense Blog, on the topic of  Drugs in Utah
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Fourteen people were arrested this week in Utah in what law enforcement is calling a major drug trafficking bust. The individuals were believed to be making at least $300,000 a month dealing cocaine and heroin along the Wasatch Front.

Law enforcement officials reportedly found both cocaine and heroin when they made the arrests, as well as an unspecified amount of cash and guns. These alleged drug traffickers were mostly charged with investigation of drug possession with intent to distribute. It is possible to distribute an illegal drug, possess an illegal drug, or both.

Distribution involves producing, manufacturing or dispensing an illegal drug. It can also mean possessing with the intent to produce, manufacture or dispense. The type of substance being distributed determines the charge given to an accused person:

Schedule I or II drugs = second-degree felony
Schedule III or IV drugs = third-degree felony
Schedule V drugs = class A misdemeanor

The list of Scheduled drugs in Utah is quite extensive, so we haven’t listed them in their entirety.

Drug possession is classified as a crime when a person possesses a controlled substance illegally, i.e. without an authorized prescription. A forged prescription doesn’t make it okay, either. As with distribution, the type of drug possessed determines what level of crime a person is charged with. Incidentally, a person found possessing 100 pounds or more of marijuana is guilty of a second-degree felony.

If you have any questions concerning drug charges you’re facing, whether they involve drug trafficking or other drug involvement, you should contact a Utah criminal defense attorney immediately. An attorney can advise you on everything from whether or not to make a statement to how to behave if your case goes before a jury. Let a criminal defense attorney fight for you in court.

Possession, Manufacture, Use or Distribution of Illegal Substances or Drugs in Utah

Clayton Simms, Criminal Defense Attorney, on the topic of  Drugs in Utah
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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.