Drug Crimes


Utah Drug Crimes professional misconduct lawyer salt lake city

Here in Utah all drug laws are taken very seriously. If you have been arrested for a drug crime you will face serious and sometimes life altering penalties. The attorneys at Stevens & Gailey PC will be there to help guide you through the complex court procedure. The severity depends on the details of your charge(s), which can range from a basic possession charge to selling and distributing illegal drugs. These charges can result in misdemeanor and/or felony charges that can permanently impact your life in a negative way and ruin your future.

With so much weighing on your future, you should not waste even a moment in hiring the best criminal defense attorney in the Utah area. At Stevens & Gailey PC the attorneys have an in-depth knowledge of Utah drug crime laws. They will ensure that your rights are protected and that you can have the best possible outcome from your situation.

The harshness of your charge depends on the type of offense. There are many things taken into account when being charged, such as your criminal history, they type and amount of substance you possess, and the location of crime.

No matter what the charge or offense, it is Utah law that your driver’s license will be revoked or suspended for at least six months. The charges will cause you to have a criminal record whether you go to jail or just get a “slap on the wrist”. This permanent record can prevent you from getting that job or the schooling that you want, it can stop you from getting certain types of professional licenses, and even ban you from access to public benefits.

Any and all drug crimes should be taken as a catastrophic event. These crimes are serious and life altering and need the best legal expertise to be found in the Utah area. At Stevens & Gailey PC we will fight with every ounce of knowledge and skill to protect your valued rights and freedoms. We will work with you to plan the best defense strategy for the best possible outcome.


Here are a few examples of Utah’s drug laws…

drug crime lawyer in salt lake city
Drug Crime Lawyer in Salt Lake City

Schedule I and II Drugs:

These drugs can carry the worst charges. These drugs consist of meth, heroin, opium, cocaine, and morphine. Even a simple possession charge can result in a third-degree felony. If there is any suspicion that you intended to distribute any of the drugs the charge is elevated to a second-degree felony. This can come with a prison sentence of up to 15 years with a hefty fine of at least $10,000.

Prescription Drugs:

Due to skyrocketing numbers, Utah is narrowing its defenses on the abuse of prescription such as painkillers and antidepressants. Even as a first-time offender being caught with prescription medication that does not belong to you, such as Lortab, Percocet, or Oxycodone, will result in automatically being charged with a Class B misdemeanor. Even something as innocent as taking a prescription medication from a concerned family member for a headache or back pain can cause you to end up in jail for at least 6 months. The prosecution can charge you with a third-degree felony if you are caught selling or having intent to sale illegal prescription medications, with this comes a punishment of up to five years in state prison and a fine of at least $5,000.


Although a quite a few of the states have started to legalize marijuana for medicinal and/or recreational use, Utah is not one of them. Utah has very severe laws concerning marijuana. Law enforcement will most likely arrest you if you are caught with any amount of weed in your possession.  The severity of your charge will depend on how much marijuana you are caught with. Less than 100lbs is technically a Class B misdemeanor. This can come with a sentence of up to six months in jail and a fine of up to $1,000. Selling and distributing weed is a second-degree felony that comes with up to five years in prison as well as a tremendously heavy fine.

Don’t Hesitate and Waste Precious Time

The selling, trafficking, and abuse of any and all drugs in Utah is considered and very serious crime to which the courts will prosecute to the fullest extent of the law. If you are charged with doctor shopping, possession, prescription charges, possession with the intent to sale, or any other similar drug charge you can spend anywhere from five years to life locked up. Stevens & Gailey PC are here to help so that you don’t lose more precious moments in life than you have to. If you have been charged with a Utah drug crime please call us right away to set up your initial consultation and start making a game plan immediately. Time is of the essence, don’t lose more by waiting too long call.


OGDEN OFFICE                

298 24TH STREET, SUITE 205

OGDEN, UT 84401





EMAIL: info@stevensgailey.com


Index Utah Code
Title 58 Occupations and Professions
Chapter 37a Utah Drug Paraphernalia Act
Section 5 Unlawful acts.

58-37a-5.  Unlawful acts.

(a) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body in violation of this chapter.


(b) Any person who violates Subsection (1)(a) is guilty of a class B misdemeanor.


(a) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, any drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body in violation of this act.


(b) Any person who violates Subsection (2)(a) is guilty of a class A misdemeanor.


(3) Any person 18 years of age or older who delivers drug paraphernalia to a person younger than 18 years of age and who is three years or more younger than the person making the delivery is guilty of a third degree felony.


(a) It is unlawful for any person to place in this state in any newspaper, magazine, handbill, or other publication any advertisement, knowing that the purpose of the advertisement is to promote the sale of drug paraphernalia.


(b) Any person who violates Subsection (4)(a) is guilty of a class B misdemeanor.


(a) A person may not be charged with distribution of hypodermic syringes as drug paraphernalia if at the time of sale or distribution the syringes are in a sealed sterile package and are for a legitimate medical purpose, including:

(i) injection of prescription medications as prescribed by a practitioner; or


(ii) the prevention of disease transmission.


(b) A person may not be charged with possession of hypodermic syringes as drug paraphernalia if the syringe is unused and is in a sealed sterile package.


(6) A person may be charged and sentenced for a violation of this section, notwithstanding a charge and sentence for a violation of any other section of this chapter.