Amazingly the police noticed the 2.5 pound joint at the UC-Santa Cruz 4/20 Smoke Out Festival. Even Wiz Khalifa, Bob Marley and Willie Nelson together couldn’t handle a 2.5 pound joint. Unfortunately for the owner the value of a 2.5 pound joint is over $5,000.00, and he probably isn’t getting his marijuana back from the police.
Posts Tagged ‘marijuana’
2.5 Pound Joint Taken by Police at College 4/20 Festival
Apr
22
Clayton Simms, Criminal Defense Attorney, on the topic of Dealing with Police, Drugs in Utah
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Utah Police Discover 150 Marijuana Plants in Child’s Bedroom
Feb
25
Utah Criminal Defense Blog, on the topic of Drugs in Utah
A Utah man has been arrested following the discovery of nearly 150 marijuana plants in his home, some located in his 5-year-old daughter’s bedroom.
Marijuana in the Bedroom
The man allegedly had marijuana plants growing in every room in his house. Police believe he possessed around 70 pounds of the drug. His daughter is now in the custody of her mother.
Just Say “No” to Marijuana in Utah
It’s illegal to grow, possess, use or distribute marijuana in Utah. If you’re convicted of a marijuana-related crime, you will be guilty of a third degree felony and could spend up to five years in prison. If you don’t learn from your mistakes and are convicted of a similar offense a second time, you’ll be guilty of a second degree felony and the punishment will potentially increase to a 1-15 year prison sentence.
Being in control of or possessing 100 pounds or more of marijuana is a second degree felony. It’s a third degree felony to possess 17 ounces up to 99 pounds of marijuana.
If you’re discovered with marijuana inside the property boundaries of any prison, jail or correctional facility your sentence will automatically jump up one degree. In addition, the court shall sentence you to serve one year consecutively. The court may decide to sentence you to an indeterminate sentence that can last up to five years and run consecutively.
Watch Out for the Drug Free Zones
There are also several areas that are specifically drug-free zones in Utah. Some of those places include: schools, child-care facilities, public parks, amusement parks, arcades, churches, shopping malls, theaters, stadiums and libraries. A person convicted of a drug-related crime in a drug-free zone will be guilty of a first degree felony and be required to spend a minimum of five years in prison without the possibility of a suspended sentence or probation.
Contact a Utah criminal defense attorney immediately if you have been charged with any drug-related crime. There is no such thing as an insignificant jail or prison sentence, and you should go into court having the best possible legal representation you can find. Make the right call today.
Marijuana Candy in Utah
Sep
12
Utah Criminal Defense Blog, on the topic of Drugs in Utah
A man and woman are facing drug charges after police found them in possession of marijuana candy and other drugs and drug paraphernalia.
Photo: Dave Linger
Marijuana Candy Use on the Rise
Marijuana candy seems to be a popular way to use marijuana right now throughout the United States, and Utah is no exception. These two people were arrested after police searched their dwellings using search warrants. Scales, bags of marijuana and marijuana-positive candy were among the items confiscated during the searches.
Some of the specific charges brought against the man and woman include: possession of a controlled substance with intent to distribute (the marijuana/marijuana candy), possession of drug paraphernalia and possession of a controlled substance. Two of the charges are second degree felonies and the other is a class A misdemeanor.
Potential Consequences
A second degree felony can carry a 1-15 year prison sentence and a class A misdemeanor charge may add another year to any sentence. If a person is found guilty, he could be incarcerated for quite a while, particularly if a judge orders him to serve consecutive sentences.
Why You Should Consult With a Utah Criminal Defense Attorney
It’s vital that you contact a Utah criminal defense attorney if you are charged with any crime, whether drug related or not. Keep in mind that an attorney will be your advocate with law enforcement, prosecutors and the court. Don’t take chances with your freedom by trying to negotiate on your own. Attorneys are trained to understand and interpret Utah law, as well as know when to fight charges or try to arrange a plea bargain.
Discuss your case with an experienced Utah criminal defense attorney; it may be the best choice you’ll ever make.
Campaign to Regulate Marijuana Like Alcohol Gains Support From 100+ Professors, which includes Utah State University Economics Professor Randy Simmons
Aug
28
Many Americans believe the the War on Drugs has failed and are particularly troubled that alcohol is legal, but marijuana is not. A Colorado campaign aims to regulate marijuana similarly to alcohol. Many professors have signed onto the campaign to regulate Marijuana like alcohol and one of those professors is Utah State University’s Professor of Economics Randy Simmons. The campaign’s letter is found below.
As professors in the fields of law, health, economics, and criminal justice, among others, we write this open letter to encourage a sensible, evidence-based approach to marijuana policy, and to endorse Amendment 64, the initiative on this year’s ballot to regulate marijuana like alcohol in Colorado.
For decades, our country has pursued a policy of marijuana prohibition that has been just as ineffective and wasteful as alcohol prohibition. We have reviewed Amendment 64 and concluded that it presents an effective, responsible, and much-needed new approach for Colorado and the nation.
Marijuana prohibition has proven to be the worst possible system when it comes to protecting teens, driving marijuana into the underground market where proof of age is not required and where other illegal products might be available. In a regulated system, marijuana sales will be taken off the streets and put behind a counter where age restrictions are strictly enforced. There is evidence that regulating marijuana works. According to the U.S. Centers for Disease Control and Prevention, marijuana use among Colorado high school students declined from 2009 to 2011, the time during which the state began regulating medical marijuana sale. Meanwhile, it increased nationwide, where no such regulations were implemented.
Given our current economic climate, we must evaluate the efficacy of expensive government programs and make responsible decisions about the use of state resources. Enforcing marijuana prohibition is wasting our state’s limited criminal justice resources and eroding respect for the law. Our communities would be better served if the resources we currently spend to investigate, arrest, and prosecute people for marijuana offenses each year were redirected to focus on violent and otherwise harmful crimes. According to the Colorado Center on Law and Policy, passage of Amendment 64 would immediately save local and state law enforcement officials more than $12 million per year, and it could save more than $36 million per year within the first five years. Paired with new state and local revenues, the initiative has the potential to generate more than $120 million per year for Colorado and its localities.
It is also important to note that Amendment 64 does not change existing laws regarding driving under the influence of marijuana, and it allows employers to maintain all of their current employment and drug-testing policies.
The State of Colorado, as well as our nation, have successfully walked the path from prohibition to regulation in the past. Eighty years ago, Colorado voters approved a ballot initiative to repeal alcohol prohibition at the state level, which was followed by repeal at the federal level. This year, we have the opportunity to do the same thing with marijuana and once again lead the nation toward more sensible, evidence-based laws and policies.
Please join us in supporting Amendment 64, the initiative to regulate marijuana like alcohol.
Campaign to Regulate Marijuana Like Alcohol Website:
www.regulatemarijuana.org/academics
Mitt Romney’s Painfully Awkward Interaction with Medical Marijuana patient
Aug
03
It is difficult running for President. Mitt Romney had a very awkward exchange with a medical marijuana patient. The medical marijuana patient, who is wheelchair bound due to MS, asked Mitt if he would arrest him and his Doctors if they prescribed him medical marijuana. Mitt Romney answered that he is not in favor of medical marijuana, but the interesting exchange is found in the video below.
Using Marijuana in Utah is Illegal & Punishment Ranges From Misdemeanor to Felony Depending on Amount and Intent to Distribute
Jul
31
Clayton Simms, Criminal Defense Attorney, on the topic of Drugs in Utah
Although not everyone that uses marijuana in Utah gets caught, those that choose to use or grow the illegal drug in this state are in danger of being arrested and possibly thrown in jail.
Photo: Lee J. Haywood
Police in a southern Utah county recently discovered and shut down a large marijuana garden consisting of around 4,000 plants. We’re going to tell you some of the potential penalties for being involved with marijuana in Utah.
It’s illegal to:
• Produce, manufacture or dispense Marijuana
• Distribute, agree, offer, consent or arrange to distribute Marijuana
• Possess Marijuana with intent to distribute
• Engage in a continuing criminal enterprise (regarding Marijuana)
If you choose to disobey these laws with regard to a Schedule I or II substance, you could be charged with a second-degree felony or with a first-degree felony if it’s your second or subsequent conviction. If you are caught ignoring these laws concerning marijuana in Utah, you could be charged with a third-degree felony or with a second-degree felony if you’ve been previously convicted.
Possessing or using marijuana in Utah when you have 100 pounds or more is a second-degree felony. Having more than 16 ounces of marijuana but less than 100 pounds is a third-degree felony. Possession of marijuana in Utah that’s more than 1 ounce but less than 16 ounces is a class A misdemeanor.
Understanding Utah laws about the use or possession of marijuana can be confusing, so it’s a good idea to contact a top Utah criminal defense attorney if you are arrested on any drug charges. Let an attorney advise you and deal with law enforcement on your behalf. It may be the best phone call you’ll ever make.
A Utah Highway Patrol Trooper Stopped Me and Said He Smelled Marijuana, but it was Actually Spice. Does Marijuana and Spice Smell the Same?
Apr
27
Clayton Simms, Criminal Defense Attorney, on the topic of Criminal Defense Misc
Marijuana and Spice do not smell the same, so the Utah Highway Patrol Officer’s nose was wrong. The point of Spice (synthetic cannabis) is to chemically duplicate the “high” of marijuana, but not mimic the smell of marijuana. The Trooper may have smelled something that he did not think was cigarette smoke and assumed it was marijuana. Most Spice is labeled as “herbal incense” and if someone burned legal incense in their car it would most likely be indistinguishable from illegal Spice. In addition, a chemical test would need to been performed on the Spice to determine if that product contained a prohibited chemical. Spice is created by taking a herb or mint and chemically treating it. These chemicals are created in a laboratory and are dissolved in either everclear alcohol or acetone before being applied (usually sprayed) on to the herb.
Interestingly, Spice does not cause a positive drug test for marijuana. However, there are tests that can detect Spice metabolites in urine.
If you have been pulled over by a Utah Highway Trooper or Utah police officer and accused of using Spice, then you should contact a Utah criminal defense attorney who is knowledgable about Spice and other synthetic cannabis products.
Pat Robertson Supports Legalization of Marijuana and Slams the War on Drugs
Apr
20
Clayton Simms, Criminal Defense Attorney, on the topic of Drugs in Utah
Conservative Christian Pat Robertson surprised a few people when he came out for the legalization of marijuana in the United States. Robertson stated:”I really believe we should treat marijuana the way we treat beverage alcohol. I’ve never used marijuana and I don’t intend to, but it’s just one of those things that I think: this war on drugs just hasn’t succeeded.”
Pat Robertson slams the war on drugs for locking up millions of non-violent offenders in prison. Do you agree with Pat Robertson that marijuana should be legal?
Drugs Around or In Utah Jails
Apr
03
Utah Criminal Defense Blog, on the topic of Drugs in Utah
Did you know that taking illegal drugs onto jail property is against the law? We aren’t just talking about a little stash of marijuana that’s in your pocket when you go to a local jail to visit a friend. There is a Utah law that prohibits a person’s possession of illegal drugs within the exterior boundaries (such as a fence) of any correctional facility, jail or other place of confinement.
Photo: aarondn93
The penalties for having illegal drugs with you are increased when you break this particular law. Law enforcement often calls these “enhanced” penalties.
Marijuana and Other Drugs
If you have some marijuana on you that’s particularly for personal use and you’re caught with it on jail grounds, you will charged with a class A misdemeanor, instead of the usual class B misdemeanor. If you’re found guilty, the court can sentence you to whatever jail time they want and an additional year—because you’re in a drug-free zone. A second conviction of the same crime is a third-degree felony plus the required sentencing enhancements.
Perhaps you’ve decided to take a larger amount of marijuana with you onto jail grounds, say 100 pounds or more. You could be charged with a first-degree felony and face the jail time that goes along with such a charge.
If you are in possession of one of a list of controlled substances deemed illegal in Utah, you might receive an initial sentence decided on by a judge and then have a couple more jail terms piled on. The additional sentences are specified by Utah law to run consecutively—each one after the previous jail time has ended.
Plan Ahead or Call an Attorney
If you’re headed to your local correctional facility to see a friend, leave anything unnecessary at home. After all, you don’t want to be your buddy’s next roommate. If all else fails and you’ve been caught breaking the law, your next move should be to call a top-notch Utah criminal defense attorney. That choice could save your reputation and freedom.
Barack Obama and Medical Marijuana
Jan
14
President Barack Obama’s position on Medical Marijuana. The following video contains a question and answer session of the President’s drug policy as it concerns Medical Marijuana.
