Drug crimes involve various acts. For instance, a person could be charged with an offense if they use, make, sell, or transport a controlled substance. Accordingly, Utah has several laws concerning the types of conduct that could be committed in relation to one or more controlled substances.
These laws are separated into distinct categories, such as distribution and use of controlled substances. In this blog, we’ll go into detail about what each means and discuss the penalties associated with them.
Produce, Manufacture, Dispense, or Possess with Intent a Controlled Substance
Utah Code § 58-37-8(1)(a) prohibits anyone from producing, manufacturing, dispensing, or possessing with intent to do any of the listed acts. But what do each of these mean?
Under Utah Code 58-37-2, the prohibited conduct is defined as follows:
- Produce: To produce a controlled substance means to manufacture, plant, cultivate, grow, or harvest a drug.
- Manufacture: To manufacture a controlled substance means to produce, prepare, propagate, compound, or process a drug. Manufacturing can involve extraction and/or chemical syntheses.
- Dispense: To dispense means to deliver, distribute, or dispose of a controlled substance. It can also involve preparing the packaging and labeling for the drug to be dispensed.
- Delivery: Delivery of controlled substances can only be done by a person licensed under the law. Thus, any unlicensed individual engaged in such conduct commits a violation.
The penalties for these crimes depend on the drug involved:
- Schedule I or II drug or GHB:
Second-degree felony
- Up to 15 years of imprisonment
- Up to $10,000 in fines
- Schedule III or IV drug or marijuana:
Third-degree felony
- Up to 5 years of imprisonment
- Up to $5,000 in fines
- Schedule V drugs:
Class A misdemeanor
- Up to 364 days of incarceration
- Up to $2,500 in fines
In addition to the production, manufacturing, or dispensing of controlled substances, Utah Code 58-37-8(1)(a) also forbids individuals, partnerships, corporations, and associations from engaging in criminal enterprises.
Specifically, it prohibits these groups from doing anything that would violate any of the following:
- Utah Controlled Substances Act
- Drug Paraphernalia Act
- Imitation Controlled Substances Act
- Utah Controlled Substances Precursor Act
- Clandestine Drug Lab Act
Continuing a criminal enterprise is a serious offense. As such, it carries harsh penalties. It is a first-degree felony with a minimum of 7 years to life. If any person involved in the enterprise was under 18 years of age, the prison sentence increases to 15 years to life.
Possess or Use a Controlled Substance
Utah Code § 58-37-8(2)(a) prohibits several acts. First, it is unlawful for anyone to possess or use a controlled substance unless they have a valid prescription for it. To possess a drug means that someone either had control over it or could exercise dominion or control over it. Possession can occur either individually or jointly – meaning two or more other people had the drug near them. Thus, when the state prosecutes a drug possession case, it does not have to prove one person had the drug physically on them. It need only show that the individual knew the substance was in the vicinity and they were able and intended to take control over it.
To use a drug means doing any of the following with it:
- Applying,
- Inhaling,
- Swallowing,
- Injecting, or
- Consuming.
Section 58-37-8(2)(a) also prohibits a property owner from intentionally and knowingly allowing any person on the premises to use, possess, or distribute controlled substances. It also forbids people from having a fake or altered prescription.
The penalties for conduct under this section include the following:
- Acts involving 100 pounds or more of marijuana:
Second-degree felony
- Up to 15 years of imprisonment
- Up to $10,000 in fines
- Acts involving Schedule I or II drugs:
Class A misdemeanor
- Up to 364 days of incarceration
- Up to $2,500 in fines
- Acts involving other controlled substances:
Class B misdemeanor
- Up to 6 months of incarceration
- Up to $1,000 in fines
Vehicle Crime Causing Serious Bodily Injury or Death
This conduct is prohibited under Utah Code § 58-37-8(2)(g). The law states that a person can be charged with a crime if they cause an accident resulting in serious bodily injury or death.
The penalties imposed depend on the type of drug detected in the person’s body at the time of the offense:
- Schedule I or II controlled substance:
Second-degree felony
- Up to 15 years of imprisonment
- Up to $10,000 in fines
- Marijuana:
Third-degree felony
- Up to 5 years of imprisonment
- Up to $5,000 in fines
- Schedule III, IV, or V controlled substances:
Class A misdemeanor
- Up to 364 days of incarceration
- Up to $2,500 in fines
Prescription Drug Fraud
Prescription drug fraud involves a wide range of conduct.
For instance, it can include:
- Using a fictitious, revoked, or suspended license number to misrepresent oneself as a manufacturer and obtain controlled substances;
- Using fraud to get a prescription for a controlled substance;
- Making a false or forged prescription; or
- Making, possessing, or distributing any type of equipment that can be used to label a drug or container
All of these are prohibited under Utah Code § 58-37-8(3)(a). The first three acts listed above are Class A misdemeanors, punishable by up to 354 days of imprisonment and/or up to $2,500 in fines. The last act is a third-degree felony, with penalties including up to 5 years of imprisonment and/or up to $5,000 in fines.
Drug Paraphernalia Offenses
Generally, drug paraphernalia is anything used to make, grow, use, or distribute controlled substances.
Utah Code § 58-37a-3 defines it as equipment used for:
- Planting
- Propagating
- Cultivating
- Growing
- Harvesting
- Manufacturing
- Compounding
- Converting
- Producing
- Processing
- Preparing
- Testing
- Analyzing
- Packaging
- Repackaging
- Storing
- Containing
- Concealing
- Injecting
- Ingesting
- Inhaling
Thus, many different objects can be considered drug paraphernalia.
A few examples include, but are not limited to:
- Kits
- Testing equipment
- Scales and balances
- Diluents and adulterants
- Separation gins and sifters
- Blenders, bowls, containers, spoons, mixing devices
- Capsules, balloons, envelopes, and other containers
- Hypodermic syringes
- Pipes
- Bongs
Some of the items listed above are everyday objects people usually have around the house. Still, simply having them does not mean criminal charges are likely. Evidence must show that the equipment was used to facilitate a drug crime.
The penalties someone can face for a drug paraphernalia offense depend on the conduct involved:
- Using or possessing with intent to use:
Class B misdemeanor
- Up to 6 months of incarceration
- Up to $1,000 in fines
- Delivering or manufacturing:
Class A misdemeanor
- Up to 364 days of incarceration
- Up to $2,500 in fines
- Someone 18 years of age delivering drug paraphernalia to someone under 18 years of age:
Third-degree felony
- Up to 5 years of imprisonment
- Up to $5,000 in fines
- Advertising drug paraphernalia for sale:
Class B misdemeanor
- Up to 6 months of incarceration
- Up to $1,000 in fines
Speak with a Criminal Defense Attorney Today
If you’re being investigated for or have been convicted of a drug crime in or around Salt Lake City, please do not hesitate to contact Lokken & Putnam, P.C. We can deliver the defense you need to fight your charge.
Call us at (801) 829-9783 or submit an online contact form to schedule a case consultation.