We most commonly handle offenses involving simple possession, which is when someone is found to be in possession of a few grams of marijuana. We also handle intent to distribute cases involving people who are found in possession of many pounds of marijuana, often while crossing state lines or travelling from west to east. In addition, we handle cases involving the cultivation, production, and manufacturing of marijuana. Distribution and manufacturing are felony-level offenses, whereas simple possession is a misdemeanor-level offense. Possession of edibles and concentrates (oil, wax, cartridges, and “dabs” as it’s called in slang) is charged more severely than simple possession because it is considered possession of THC. This is something that has become a point of contention between the defense attorneys and the prosecution in certain jurisdictions.
What Is Considered Possession Of Marijuana Under Utah Law?
When marijuana is found on somebody’s person, in their pocket, or in their belongings, it is considered possession of marijuana under Utah law. Constructive possession of marijuana requires a sufficient link or nexus between the contraband and the individual. For example, if marijuana is found in the glove box of a vehicle, then there would arguably be sufficient nexus to charge the driver with constructive possession of marijuana.
Marijuana is defined very broadly in terms of whether it is the seed, stem, flower, or the resin extracted from the plant. Edibles and concentrates are extracts from the marijuana plant and are not comprised of straight THC. In my mind, Marinol should be considered a synthetic composition of THC.
What Is Considered As Distribution And Sale Of Marijuana Under Utah Law?
Distribution and sale of marijuana under Utah law is defined very broadly and includes any transfer of the controlled substance. This means that the transfer does not have to be for a value, barter, sale, or trade; simply giving marijuana to someone could be considered distribution.
Are There Different Levels Or Classifications Of Marijuana-Related Charges In Utah?
There are different levels of marijuana-related charges in Utah. Possession of up to 100 pounds of marijuana is a Class B misdemeanor. Possession of 100 pounds or more of marijuana is a second degree felony. If someone is found with anywhere from five to 80 pounds of marijuana that is packaged in one-pound bags, then they would almost invariably be charged with possession with intent to distribute. Prosecutors and potential fact finders expect that if someone is transporting 50 pounds of marijuana, then they are doing it with the intention to distribute. However, with the amount of marijuana consumption these days and the ways in which it is distilled to concentrates and oils, I question whether simply packaging marijuana in one-pound increments is sufficient evidence of distribution.
For more information on Marijuana Related Offenses In Utah, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 455-1743 today.