Marijuana Possession
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Salt Lake City Marijuana Possession Attorneys
In Utah, the recreational use of marijuana is illegal, although possession of small amounts of the drug is now prosecuted as a misdemeanor rather than a felony. Utah legalized the medical use of marijuana in November 2019. Marijuana is commonly known as grass, pot, weed, cannabis, Mary Jane, doobie, bud, ganja, hash, or dope.
Those high on marijuana may also be referred to as “stoned.” Cannabis contains more than 100 compounds, including THC (tetrahydrocannabinol) and CBD (cannabidiol). The “high” from marijuana comes from THC. On the other hand, CBD has very low amounts of THC, so it does not impair the user or give them a high.
Marijuana is not legal federally, but more than half of states have medical marijuana laws, while nineteen states and D.C. have legalized the recreational use of marijuana. Because marijuana has been a Schedule I drug—on par with heroin—for so many years, there has not been a significant amount of medical research on the drug.
We know that young, developing brains appear to be particularly susceptible to the harmful impact of THC. This means that when marijuana is used before the brain is completely developed, the manner in which brain connections are built regarding the ability to learn and remember, along with the ability to pay attention, may be affected for a significant time—or possibly forever.
Individuals who have used marijuana within the past 24 hours could be impaired in decision-making, coordination, and reaction times. Cannabis is the most commonly used federally illegal drug in the United States. An article in Forbes found that more adults in the United States smoke cannabis than cigarettes.
Nearly half of all American adults say they have tried marijuana, while 68 percent of U.S. adults believe the federal government should legalize marijuana. Younger people are more likely to smoke weed than those over 55, with only about 10 percent of those older than 55 saying they regularly smoke cannabis.
What Are the Laws in Utah for Possession of Marijuana?
Unless you have a medical marijuana license, it is illegal to knowingly and intentionally possess any controlled substance—and marijuana is still classified as a Schedule I controlled substance. Despite being classified as a Schedule I drug, possession of marijuana will now be charged as a misdemeanor rather than a felony if the amount is less than one pound and there is no intent to distribute or sell. The laws pertaining to marijuana possession in the state of Utah can be found in the Utah Code Section 58-37-3.7.
How Much Marijuana is Legal to Possess in Utah?
Unless you have a medical marijuana license, it is illegal to possess any amount of marijuana in Utah. However, the penalties for possession have been decreased. Small amounts will be charged as a misdemeanor rather than a felony (but you could still go to jail). If you have a subsequent charge for a small amount of marijuana within a seven-year period, you could be charged with a third-degree felony.
Defenses for Possession of Marijuana
Your defense will depend on the amount of marijuana in your possession, whether you have a medical marijuana license, and the circumstances and facts surrounding your arrest. Nix attorneys may be able to prove the marijuana was not yours or that the search that found the marijuana was unlawful. There may have been mistakes made during your arrest—perhaps you were not properly Mirandized, or you asked for a marijuana possession defense lawyer and were denied this right. The marijuana may have belonged to another person; you might have just been driving your friend’s car when you were pulled over, and the car was searched.
If you truly had no idea the marijuana was in the car, we would prove that your lack of knowledge shows that you were not in legal possession of the drug. Whatever your defense, know that Nix brings a highly experienced defense attorney, Jesse Nix, to your defense and they will tirelessly advocate for your rights and future. Reach out to our legal team to consult a Salt Lake City marijuana possession defense attorney today.
What Are the Penalties and Consequences for Possession of Marijuana in Utah?
Possession of less than one ounce of marijuana is classified as a Class B misdemeanor, punishable by up to six months in jail and a fine as large as $1,000. Possession of more than an ounce of marijuana is a Class A misdemeanor, with penalties of up to one year in jail and a fine as large as $2,500. Possession of more than a pound of marijuana is a third-degree felony, with penalties of up to five years in prison, and a fine as large as $5,000. Possession of more than 100 pounds of marijuana is a second-degree felony, with penalties of up to 15 years in prison, and a fine as large as $10,000. Other consequences of a conviction for possession of marijuana can include the following:
The loss of your job
An inability to obtain employment
A driver’s license suspension or revocation
An inability to obtain federal student financial aid
Loss of your reputation in the community
Losing your ability to volunteer at certain non-profit agencies
An inability to obtain a professional license
Difficulty renting an apartment or home
Loss of the right to own a gun
Rejection of a college application
How Can a Salt Lake City Marijuana Possession Defense Attorney from Nix Help?
Jesse Nix from Nix work as a team on your behalf. When you hire one of us, you hire both of us—and two lawyers are always better than one! We understand that it can be frightening to be charged with a criminal offense that could put you behind bars. We will fight for you at trial if there is no good plea offer on the table. Prosecutors know we are not afraid to go to trial so our clients typically receive much better plea offers.
Regardless of whether a plea deal is forthcoming, we always meticulously prepare for a trial. You should choose Nix because we speak to our clients differently. We never judge, and during your initial consultation, you can expect us to listen more than we talk. We will always return your calls, emails, and texts promptly. If you are in need of a marijuana possession defense lawyer, contact the legal team at Nix today. An experienced Salt Lake City marijuana possession defense attorney is ready to begin defending you, your rights, and your future.
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Driving under the influence (DUI) in Utah carries serious legal and administrative consequences. Penalties vary based on the offender’s blood alcohol concentration, prior offenses, and aggravating factors:
- Criminal Penalties: A first-time DUI is generally a Class B misdemeanor, punishable by up to 180 days in jail and fines exceeding $1,000 with surcharges.
- License Suspension: The Utah Driver License Division may suspend a driver’s license for 120 days for a first offense and up to two years for repeat offenders.
- Ignition Interlock Device: Installation may be required for 18 months or longer, especially for high-BAC or repeat offenders.
- Alcohol Education or Treatment: Courts often mandate participation in substance abuse education or treatment programs.
- Felony DUI: A third DUI offense within 10 years is a third-degree felony, which may result in up to five years in prison.
The burden of proof in criminal cases is with the prosecution who must prove your guilt beyond reasonable doubt. Our team’s role is to ensure this burden is discharged. If necessary, we help you negotiate plea deals to ensure the consequences and penalties are minimized.
How Nix Law Can Help
Being charged with DUI in Utah can have serious legal, financial, and personal consequences. A DUI defense attorney plays a critical role in helping defendants understand and navigate the complex legal process.
Here are several ways our Attorney Jesse Nix can assist:
- Explaining Legal Rights: We ensure defendants understand their rights under Utah law, including protections against self-incrimination and unlawful searches.
- Evaluating Evidence: We review field sobriety tests, breathalyzer results, and police reports to identify potential procedural or technical errors.
- Challenging Arrest Procedures: If law enforcement failed to follow proper DUI arrest protocols, we can move to suppress improperly obtained evidence.
- Negotiating with Prosecutors: Skilled negotiation may reduce charges or penalties, particularly for first-time or low-BAC offenders.
- Representing in Court: We advocate during hearings, plea negotiations, and trials, ensuring fair application of the law.
- Managing Administrative Hearings: We can represent you in Driver License Division (DLD) hearings to contest license suspensions.
An attorney’s guidance helps protect legal rights and supports informed decision-making throughout Utah’s DUI process. Contact a Utah DUI defense lawyer at Nix Law today.
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Frequently Asked Questions
What qualifies as a DUI under Utah law?
Under Utah Code §41-6a-502, a DUI occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.05% or higher, or is impaired by alcohol, drugs, or both. Utah has one of the strictest DUI thresholds in the U.S.
What are the penalties for a first-time DUI offense in Utah?
A first DUI offense may result in up to 180 days in jail, fines, driver’s license suspension (120 days), and mandatory participation in an alcohol education or treatment program (Utah Department of Public Safety – Driver License Division).
What happens if someone refuses a chemical test?
Under Utah’s implied consent law, refusing a chemical test leads to automatic license suspension and may be used as evidence in court.
Can a DUI affect professional and personal life?
Yes. A DUI conviction may impact employment, insurance rates, and professional licensing, particularly in regulated fields. It also remains on an individual’s criminal record unless expunged.
How can Nix Law assist in a DUI case?
Nix Law can help clients understand Utah’s DUI process, evaluate evidence such as breath or blood tests, and ensure that constitutional and procedural rights are protected throughout court proceedings.