Few situations feel more frustrating than getting caught up in someone else's mistake. If police find drugs in a shared car, apartment or other common space, you may wonder whether you can face criminal charges even if the drugs do not belong to you. In Utah, the...
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Drug Crimes
Utah Law Reform: Drug Possession No Longer A Felony
Drug Possession Is A Common Offense Utah has made first and second drug possession charges a misdemeanor, reducing such convictions from felonies. In a sweeping move which was totally unexpected and unusual (for Utah), the Utah Legislature effectively passed legislation to reduce the population in its jails and prisons by significant numbers. How? By reducing the criminal classification of those who…
Saving Your Driver License With A Drug Conviction
Drug Convictions Lead to a Six Month Loss of Driver License If you get a drug possession conviction, Utah law generally requires that you lose your driver license. One of the most annoying collateral consequences of a drug conviction is the loss of a driver’s license. This is true for the simplest of marijuana possession charges to the most serious…
Entering a Guilty Plea Without a Preliminary Hearing
The Utah Supreme Court recently held that a preliminary hearing is not required to grant district court’s jurisdiction over a defendant’s entering a guilty plea. State v. Smith – District Court’s Jurisdiction not Conditioned on Preliminary Hearing The Utah Supreme Court recently handed down an interesting decision in State v. Smith, 2014 UT 33. The issue in that case was whether a…
Medical Marijuana in Utah Limited Program Begins
Last month was officially the first month where a limited use medical marijuana in Utah license could be obtained by a few select patients in the state. So how many medical marijuana cards were issues in July? Only 11 total licenses were obtained. Compare these number to other states such as California, Nevada, and other western neighbors and it is easy…
The 12 Steps of a Drug Recognition Evaluation
Only certain officers are trained in determining whether someone is under the influence of drugs. When people think about impaired driving most people think of the typical alcohol-induced DUI, but drugs are involved in almost as many impaired driving cases. There are some tests that have been developed specifically to detect the involvement of drugs in an impaired driving case.…
HB 105: Medical Cannabis Proposal in Utah
Representative Gage Froerer has introduced House Bill 105 which exempts qualified individuals from the penalties of the controlled substances act which makes hemp extract illegal when it is used for qualifying purposes. It also permits the Department of Health to issue a hemp extract registration card to qualified individuals. “Hemp extract” is any extract from a cannabis plant that contains less…
Supreme Court Finally Sets Limit to Searches by Drug Sniffing Dogs
Florida v. Jardines It appears the US Supreme Court finally got something right when it comes to drug dog searches. This year the supremes decides Florida v. Jardines. In that case Detective Pedraja in Miami received an unverified tip that Jardines was growing marijuana in his home. A month after receiving the tip Pedraja decided to check it out. He…
Marijuana Lawyer in Salt Lake City
Pot Charges in SLC Salt Lake City has a lot of marijuana criminal charges filed each year. In addition to its high population compared to most other cities around the state, it also has three major corridors going through it (I-15, I-80, I-215), and the airport within its jurisdiction. All of these components contribute to the high level of marijuana…
Marijuana Field Raided in Iron County
Authorities raided a huge marijuana field this week in Iron County located about 30 minutes from the Right Hand Canyon Road in Cedar Canyon. Last week, Utah Highway Patrol stopped a vehicle and received a tip about the marijuana fields. The tip turned out to be good...