Drug Crime Penalties
In Utah, penalties associated for the production, possession, and distribution of controlled substances are established by statute. Some “crimes” are considered petty offenses such as the possession of less than one ounce of marijuana. Other “crimes” are considered more serious, such as felony drug possession.
The type of penalty attached to the “crime” is generally determined by what type of drug you had in your possession and how much of that drug you had in your possession. Utah divides the different drugs into schedules. In our experience, more and more people are found to be in possession of what are known as Schedule II drugs, which include oxycodone, hydrocodone, and opiates which are typically found in prescription pain killers. Generally the possession of such drugs will result in charges of a third degree felony.
Penalties Become More Serious in a Drug Free Zone
Of the many ridiculous laws Utah’s Legislature has determined should be implemented, the drug free zone laws have to rank among the most pointless and unjust.
In Utah, if you are found to be in possess of illegal drugs within 1000 feet of a public or private elementary or secondary school, a public or private vocational school or postsecondary institution, a church, a shopping mall, sports facility, stadium, arena, theater, movie house, playhouse, or parking lot or a structure next to a parking lot, the penalties can be increase a full degree.
Thus, if you are charged with a Class A misdemeanor drug offense but you were within 1000 feet of one of the above listed buildings, your charges can be increased to a felony charge.
Provo Drug Crimes Defense Lawyer
We see these types of cases all the time and we are very successful in defending against them. Let us help you if you are facing drug charges in a drug free zone. We are Provo Criminal Defense and our law firm has attorneys who have substantial experience in drug cases. Call us today for a free consultation so we can begin to defend your rights.