Speak to a Salt Lake City Utah Marijuana Attorney
Utah has some of the strictest laws imaginable when it comes to possessing marijuana which is why you must secure a Salt Lake City Utah Marijuana Attorney. Salcido Law Firm PLLC is contacted almost every day by people who have either been charged with possessing marijuana or who have already been convicted but want to have their record expunged or their conviction reduced. One would think that with the national political climate regarding marijuana Utah would be moving more toward leniency, but the opposite is true.
Possession of Any Amount of Marijuana in Utah is Illegal
If you possess even less than one ounce of marijuana you can be charged and convicted with a class B misdemeanor. Less than one ounce can mean having a miniscule flake of marijuana on the floor of your car and if an police officer finds it and tests it and the test results are positive for THC (the active element in marijuana), you can and will be charged.
What’s more, each time you are convicted of possessing even less than one ounce of marijuana the degree of penalty increases. Thus, if you have already been convicted once of possessing less than one ounce of marijuana and then you are convicted a second time, you will be guilty of a class A misdemeanor. If it happens a third time you are in for a third degree felony. If you get a felony on your record you are in for a lot of trouble when it comes to employment prospects. In fact, a felony could preclude you from climbing the ladder even in your current employment. Many employers will run a background check on their employees who have applied for a higher position within the company. If they see you have a felony, you can bet that you won’t get that promotion. Thus, even though you did nothing other than have a tiny amount of marijuana in your possession you can pay for it with jail time, fines, and a ruined employment path. The potential penalties associated with such charges make it imperative that you have a Salt Lake City Utah Marijuana Attorney from Salcido Law Firm.
Securing the legal services of a Salt Lake City Utah Marijuana Attorney from Salcido Law Firm PLLC is the best way for you to Get Protected! against the many consequences that can derive from a conviction for illegally possessing marijuana.
More Marijuana in Utah Means Heavier Penalties
The more marijuana you have in your possession the more severe the penalties – especially in Utah. If you have more than 100 pounds in your possession you are liable for a second degree felony; for less than 100 pounds but more than a pound a third degree felony; and, less than a pound but more than an ounce a class A misdemeanor. A Salt Lake City Utah Marijuana Attorney from Salcido Law Firm can generally tell you right over the phone what types of penalties you may be facing.
We Can Help
Whether you have been charged with possession of marijuana or have already been convicted of possession, we can help. We can help defend you against current charges and help you to get a reduction of prior convictions. Call us at 801.413.1753 or 888.337.3235 or email us to Get Protected! against Utah marijuana possession charges.
Applicable Statutory Law Regarding Possession of Marijuana
The Utah Legislature has codified the illegality of possessing marijuana. Below are references for your convenience to some of the controlling statutes on the issue:
- Utah Code 58-37-2 sets forth the definition for the term “marijuana.” If you want to know what the state of Utah thinks marijuana is then this definition should clear it up for you.
- Utah Code 58-37-4 classifies marijuana as a Schedule I controlled substance. This becomes important for determining the classification of crime (e.g., felony/misdemeanor) that will be charged for it’s possession.
- Utah Code 58-37-8 makes it unlawful to possess marijuana. It also sets forth the scenarios in which a person will be charged with a felony or misdemeanor depending on how much of the drug was in the individual’s possession.
Is There Any Exception for Using Medical Marijuana in Utah?
The simple answer is no. The state of Utah and the federal government both make the possession and use of marijuana illegal for any reason. There are no exceptions in Utah. This is true for those out of state residents who have a valid medical marijuana license and who are merely passing through Utah. This happens quite often. A resident of Colorado or California, for example, who has legal medical marijuana cannot possess that same product in the state of Utah. Utah law enforcement purposefully look out for out of state resident license plates to pull over hoping to bust someone for possessing medical marijuana. While this is not fair, it is what it is. Until Utah makes an exception for the medical use of cannibis people will continue to be harassed by law enforcement and have to face stiff penalties for possessing a product which is completely legal in their home state.
There are a lot of questions about medical marijuana. For some basic helpful information on medical marijuana Intermountain Health Care (IHC) provides the pros and cons on its website here. Additionally a good resource to learn more about the laws, political climate, science, and just about anything else about marijuana in society refer to www.norml.org.
One Conviction for Possessing Weed and Your License is Gone
Utah seems to be a land of silly laws. One of the silliest (or stupidest) of Utah’s law is that if you possess weed, you will lose your license for six months. This is true for any illegal drug and drug paraphernalia. The controlling statute on this issue is Utah Code 53-3-220. This is a statute that governs the Driver’s License Division. Courts cannot overrule the statute. A good Salt Lake City Utah Marijuana Attorney, however, may be the different between you keeping and losing your license.