What Are the Drug Trafficking Penalties in Utah?
- Trafficking in illegal drugs in Utah can mean life in prison.seringue 3 image by Jerome Dancette from Fotolia.com
As with all states, the Utah Criminal Code classifies drugs according to a controlled substance schedule. Anyone found to be in possession of a controlled substance with the intent to distribute (traffic) is guilty of a criminal offense. The severity level of the offense depends on what schedule the controlled substance is found in within the Controlled Substance Act. - Under the Utah Criminal Code, anyone that possesses a controlled substance found in Schedule I or II, a controlled substance analog or gammahydroxybutyric acid with the intent to distribute, produce, manufacture or dispense is guilty of a felony in the second degree. If the person has a prior conviction for the same thing, then the offense is a first degree felony.
- The Utah Criminal Code classifies anyone that is in possession of a Schedule III or IV substance or marijuana with the intent to distribute, manufacture, produce or dispense is guilty of a third degree felony. If the person has a previous conviction for the same offense then this offense is a second degree felony.
- Possession with the intent to distribute, manufacture, dispense or produce a substance found in schedule V under the Utah Criminal Code is a class A misdemeanor unless the person has a previous conviction in which case it is a third degree felony.
- If it is proven that the crime took place within close proximity to a school, daycare facility, church, mall, library, sports complex, park or in the presence of someone under the age of 18 then the offense is a first degree felony. If the person possessed a firearm during the commission of the crime then an additional sentence of no less than one year and no more than five years shall be added.
- Utah uses an indeterminate sentencing system. This means that the exact amount of time a defendant is sentenced to is not known. The defendant is sentenced to a range of time and the Board of Pardons and Paroles actually determines how long the prisoner stays in prison. In general, a first degree felony can be sentenced to three years to life, a second degree felony from one to 15 years and a third degree felony from zero to five years. The maximum sentence for a class A misdemeanor is one year.
Schedule I, II, a Controlled Substance Analog or Gammahydroxybutyric Acid
Schedule III, IV and Marijuana
Schedule V
Enhancements
Penalties
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