Marijuana Possession Offenses

Without a valid medical cannabis card, you may face prosecution for possessing virtually any amount of marijuana or even just marijuana paraphernalia. The severity of the penalties you may face for drug possession, possession of a controlled substance, or possession of drug paraphernalia may vary based on several factors. These variables include how much marijuana law enforcement officials charge you with having and whether it is your first time facing such charges. 

However, even small amounts of marijuana and simple possession charges carry substantial penalties, and the penalties increase in severity from there. The same holds true when it comes to the repercussions defendants may face if convicted of possession of paraphernalia. 

Marijuana Possession Penalties

Unlike its neighbors in Colorado, Nevada, Oregon, Washington, Alaska, Arizona and California, Utah does not allow the use of marijuana for recreational purposes under any circumstance. Until Utah voters have a chance to approve the use of marijuana recreationally, the penalties you may face in a marijuana possession case are as follows.  

In 2015, House Bill 348 was passed in Utah which was part of the “Justice Reinvestment Initiative.”  The penalties for most controlled substances were reduced, including for possession of marijuna.  The previous system of tiered penalties which depended on how much marijuana you possessed was removed.  The purpose of doing so was to encourage treatment and rehabilitation rather than mandatory incarceration.  

Currently in Utah, possession of marijuna in nearly all cases for first or second time offenders is charged as a class B misdemeanor with the maximum penalty being 6 months of jail and a fine up to $1000.  Possession for third time offenders is raised to a Class A misdemeanor and a fourth offense is raised to a third-degree felony.  

Possession of over 100 pounds of marijuna will be charged as a second degree felony no matter how many prior convictions the defendant has.  

If the defendant was driving a motor vehicle while in possession of marijuana or paraphernalia, their drivers’ license can be revoked for 6 months.  A skilled marijuana defense attorney may be able to find ways around this provision. 

Possession of paraphernalia 

Possessing marijuana smoking devices may lead to possession of paraphernalia charges. These drug offenses bring potential penalties that include up to six months in jail and a fine of up to $1,000. 

Keep in mind that unlike other states, Utah authorities do not need to have a warrant to search your vehicle if they suspect a marijuana crime is taking place. In the absence of a warrant or your consent, they only need probable cause to do so. Probable cause is any type of evidence indicating that a criminal offense has occurred. So, the mere smell emanating from your car may constitute probable cause for authorities to search it and lead to a marijuana possession charge. 

You should also know that, if you are a recipient of federal financial aid, any type of conviction for possessing marijuana may make you ineligible for financial aid for a year or longer. How long you stand to lose eligibility for financial assistance varies based on the severity of your charge, among other factors. In some cases, you may be able to take steps to regain financial aid eligibility earlier than planned following a drug conviction. 

What Does a Utah Marijuana Possession Lawyer Do?

State marijuana violations carry serious penalties that can potentially impact everything from your ability to find a place to live to your ability to make a living. Having marijuana in your motor vehicle may lead to drug possession charges and serious penalties, even if the marijuana was not your own. Known as “constructive possession” charges, such criminal charges indicate that authorities believed you had “dominion and control” over a controlled substance because it was in your vehicle or home. 

If authorities charge you with constructive possession because they find marijuana in your vehicle, they may take your driver’s license for up to six months. In some cases, you may be able to seek a “no driving” finding or Plea in Abeyance that may help protect your license – and livelihood. 

You also face strict sanctions for possessing marijuana without a properly obtained medical card. An attorney with experience in this area may be able to help you navigate your marijuana case and see if you have any options available to you in terms of lessening the charge you face or pursuing some alternative means of accountability.

You may be eligible to participate in drug court following a marijuana arrest, which may help you avoid jail time and other possible penalties associated with the offense. An attorney may be able to help you if you want to seek an expungement because of a past marijuana offense that is causing you trouble.  If your conviction is for cannabis possession and you qualify for a certificate of eligibility, you may be able to have your criminal record expunged if your situation meets certain criteria. 

If your cannabis charge was a misdemeanor, you might have additional options available to you. You may be able to enter something called a “plea in abeyance,” which is essentially a suspended plea. If you make such a plea and then uphold certain compliance requirements for a set period (which might include paying fines, remaining free from arrest, and so on), the charges against you undergo dismissal. 

Having a solid attorney-client relationship may also help you navigate other areas relating to your charge. If your charge constituted a probation violation, for example, you may need your attorney to accompany you to probation violation hearings. Ultimately, having an attorney who is well-versed in state marijuana laws may help minimize the damage your arrest has on your life and give you your best shot at success moving forward.