drug possession charges utah county


Being charged with a drug crime in Utah such as possession, possession with intent to distribute, or manufacturing is frightening. The state of Utah takes such charges very seriously and they usually result in prison or jail time if convicted.

Those who have been arrested and charged with drug possession, manufacturing, or distribution should seek the help of Utah criminal defense attorneys Dennis Pawelek & Richard Gale for their top-rated, drug crime defense. As experienced litigators and defense lawyers, they use intensive plea bargaining techniques that focus on treatment rather than incarceration, and other proven strategies in order to reduce the charges or dismiss them completely.   

Drug Possession Charges in Utah

A simple drug possession charge is different than possession with intent to distribute. Depending on the type of drug(s) you are found with, the consequences can range from a Class B misdemeanor up to a third-degree felony possession. For example, if you are arrested for marijuana possession, you may only face a Class B misdemeanor charge. Consequences increase for every subsequent charge.

Under Utah Code  § 58-37-4 it is illegal for a person to possess any controlled substance unless it is through a lawful medical prescription. Depending on the type of drug classification and amount, the charges you face will vary. Under the Utah Controlled Substance Act, the state of Utah categorizes all drugs into “Schedules” which are based on “how dangerous the drug is”.  Here are the classifications and charges:

  • Schedule I or II: third degree felony (i.e. LSD, heroin, cocaine, crystal meth)
  • Schedule III, IV or V: class B misdemeanor (i.e. anabolic steroids)
  • Marijuana: Class B misdemeanor

Penalties for Drug Possession in Utah

Under Utah Code 58-37-4, penalties for possessing a controlled substance vary in accordance to the type of drug found in possession. Here are the penalties depending on the Schedules:   

  • Schedule I or II

It is a third-degree felony to possess a Schedule I or a Schedule II controlled substance. Penalties carry a fine of up to $5000 and up to 10 years in prison. Each subsequent conviction raises the penalty level to a second-degree felony and doubles the fine up to $10,000 with the possibility of up to 20 years in prison.

  • Schedule III, IV or V

All other schedules are typically Class B misdemeanors, with fines up to $1000 and a possible year in jail for the first conviction. A second conviction carries a fine of up to $2500 and a year in jail. Each subsequent conviction is a 3rd-degree felony and can carry up to an additional 18 months in prison.

In need of an experienced and aggressive defense for your case?Contact Us Today

Types of drug crimes cases we represent

  • Drug manufacturing, possession, sales, or trafficking
  • Distribution of illicit drugs
  • Forging drug prescriptions
  • Illegal distribution, possession, or sale of prescription drugs
  • Cultivation of Marijuana
  • Manufacturing of Methamphetamine
  • Possession of illegal drug ingredients or equipment

I could not have asked for a better lawyer or a better outcome. I was in kind of a messy situation and was completely overwhelmed with stress. I couldn’t sleep, my anxiety got worse, and I was extremely nervous. Dennis helped me out in ways I didn’t even know possible! Anyone looking for a great lawyer would be crazy not to call him. He is fantastic.

– Haylie

Utah Drug Crime Attorneys

If you have been charged with drug possession or distribution, it is important that you retain the best possible attorney as early as possible. Our criminal defense attorneys will obtain all the necessary information to perform an in-depth investigation into your drug charges and start formulating your best defense strategy.

Dennis and Richard have handled hundreds of drug possession cases with success ranging from reduced sentences to not guilty verdicts. Call our Utah Defense Attorneys office today at 801-362-9996 or contact us for a free consultation to begin the fight for your freedom.