What Are the Drug Trafficking Laws in Utah?
- Federal agents seized 32,275.5 kgs of marijuana in 2008.Marijuana image by spiller from Fotolia.com
Drug trafficking in Utah is dominated by Mexican poly-drug trafficking groups. These groups supply cocaine, heroin, marijuana and methamphetamine and are located in the Southwest, the Pacific Northwest, Mexico and California. DEA Regional Enforcement Teams target drug trafficking rings in Utah and the surrounding states. - The United States Drug Enforcement Administration enacted the Controlled Substances Act in order to control drug use, and residents of Utah are affected by the Act. Under the Act, the Attorney General adds drugs to the schedule of substance abuse and identifies drugs that may be potentially habit forming and dangerous to the public. The Attorney General also removes any drug from the schedule that is not found to be a danger to the public or does not meet the required standards for inclusion in the drug schedule. Factors such as the actual potential for abuse, the history and pattern of abuse and what risk the drug poses to the public will be taken into consideration when adding or removing drugs from the schedule.
- Utah has laws in place regarding the penalties for drug trafficking. Schedule I drugs include heroin, LSD and Fentanyl Analogue. First-offense penalties for trafficking a schedule I narcotic are not less than five years in prison and no more than 40 years. First offenders who are involved in drug trafficking that results in serious bodily injury or death may be sentenced to no less than 20 years and can be sentenced to life in prison with a fine of no more than $2 million for an individual and no more than $5 million for a drug trafficking group. Drug traffickers who are convicted of their second offense may receive sentences ranging from 10 years to life in prison. Life imprisonment will be the sentence imposed if serious bodily injury or death occurs as the result of trafficking. Fines for individual traffickers will not exceed $4 million, while a trafficking group's fine may not exceed $10 million.
- Methamphetamine, PCP and Cocaine are all schedule II narcotics. First-time offenders who are convicted of trafficking a schedule II narcotic will receive a prison sentence of no less than 10 years up to life in prison. If bodily injury or death is associated with the trafficking a schedule II narcotic and it is a first offense, the court can impose a sentence of 20 years to life in prison. Individual fines may not exceed $4 million, and group trafficking fines may not exceed $10 million. Second-offense penalties will result in a prison sentence of no less than 20 years and up to life in prison. Serious bodily injury that occurs during a second drug trafficking offense may result in a sentence of life in prison. Fines for a second offense range from $8 million for an individual offender to $20 million for drug trafficking groups.
- Drug trafficking charges for marijuana depend largely on the amount of marijuana the drug dealer has in his possession and whether it is a first or second offense. First-time offenders that have 1,000 or more marijuana plants or 1,000 kg or more of the drug may receive a prison sentence of no less than 10 years up to life in prison. Bodily injury resulting from the selling and distribution of marijuana may increase prison time to 20 years to life in prison. Individual fines will not exceed $4 million, and group fines will not exceed $10 million. Second time drug trafficking offenders will receive a prison sentence of 20 years to life, unless injury or death occurs. In this case, a mandatory life sentence will be imposed. Fines for second-time offenders can not exceed $8 million for an individual, and group fines may not exceed $20 million. Prison sentences and fines for marijuana distribution increase with larger amounts of the drug.
Controlled Substances Act
Schedule 1 Penalties
Schedule II Penalties
Marijuana
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