In Utah, the possession, distribution, and cultivation of marijuana is illegal. Additionally, drug paraphernalia of such is also illegal, including any objects used in growing, selling, or using marijuana. The severity of marijuana charges depends heavily on the amount of marijuana found, in addition to the type of crime, such as possession or distribution. In terms of the amount, 1 oz of weed warrants the minimal punishment, which is a class B misdemeanor. However, the charge also depends on the location of the incident. In other words, the charge could be increased if the incident takes place near a church, school zone, and more.
In addition to these varying charges, the State of Utah also imposes a tax stamp on contraband. Citizens convicted of possession and similar marijuana-related charges will be required to pay the stamp tax for each gram of weed in their possession, which is $3.50 per gram. Simply put, the laws surrounding marijuana in Utah are quite strict. Marijuana is a Schedule I drug in Utah, which means it has a high potential for abuse and no accepted medical use. Whether it’s 1 oz of weed or paraphernalia possession, each marijuana offense constitutes a fine and possible jail time.
Varying Marijuana Offenses
As mentioned, the severity of a marijuana charge depends on the type of crime, in addition to the amount of contraband the citizen is found with. For instance, the charge could be classified as a misdemeanor if the citizen has under 1 oz of weed. Take a moment to understand the types of marijuana offenses in Utah:
- Possession: Includes carrying marijuana for personal use, possession of paraphernalia, and intent to deliver.
- Distribution: The sale or delivery of marijuana and/or paraphernalia.
- Cultivation: Growing and harvesting marijuana
- Trafficking: Importing and exporting, bringing marijuana in or out of the state.
The types of marijuana offenses are quite straightforward. Selling or distributing marijuana is a felony charge, constituting up to 5 years jail time and a maximum fine of $5,000. Possession charges vary, however.
Possession Penalties by the Ounce
In regards to marijuana possession in Utah, the penalties and resulting fines and jail time vary, depending on the amount found. As stated above, 1 oz of weed is considered a class B misdemeanor and could result in 6 months of jail time and a $1,000 fine. Below is a list of marijuana charges by the ounce:
|Amount||Penalty||Jail Time||Maximum Fine|
|Up to 1 oz||Class B Misdemeanor||Up to 6 months||$1,000|
|1 oz – 1 lb||Class A Misdemeanor||Up to 12 months||$2,500|
|1 – 100 lbs||3rd Degree Felony||Up to 5 years in State Prison||$5,000|
|Over 100 lbs||2nd Degree Felony||Up to 15 years in State Prison||$10,000|
While possessing 1 oz of weed is not a felony, the consequences of such could still be severe with possible jail time and a significant fine. Misdemeanor or felony charge, it’s always beneficial to have a criminal defense lawyer on your side.
Salt Lake Criminal Defense Attorney
Though the severity of marijuana charges in Utah depend on the type of crime, the amount of contraband, and even the location of which you are found, it’s always recommended you find a criminal defense lawyer. Clayton Simms in Salt Lake City could possibly reduce your fines, get a plea in abeyance, and reduce your possibility of jail time. If you’ve been charged with a marijuana penalty, be sure to contact Clayton Simms today.