Penalties for Sale or Distribution of Marijuana
Salt Lake City Utah Drug Distribution Defense Attorneys
Distribution or Sale of Marijuana
The penalties for the possession of marijuana in Utah depend upon the whether you are charged with a misdemeanor or a felony. How you are charged is largely determined by the weight of the drug in your possession. However, if you are charged with selling or distributing marijuana, you can be charged a minimum of a third degree felony.
In Utah, Third Degree crimes include burglary of non-dwelling, theft more than $1,000 but less than $5,000, aggravated assault, forgery of checks more than $1,000 but under $5,000, third DUI in 10 years, joyriding (for more than 24 hours), possession with intent to distribute marijuana, and possession of other controlled substances, and false or forged prescriptions. As you can see, felonies are serious crimes, and selling drugs is no exception.
If you have been arrested for a crime involving the sale or distribution of marijuana you are facing felony charges that can include up to five years in prison or more.
Our drug crimes criminal defense attorneys are here to help you through the legal system to get the best possible outcome for you. We may be able have the charges against you reduced through a plea bargain, or dismissed. Contact our criminal defense law office today for a free consultation to discuss your situation and discover what you legal options are.
Penalties for Distribution or Sale of Marijuana in Utah
The following chart shows penalties you could be facing if you are convicted of selling marijuana in Utah:
| Distribution (Sale) of Marijuana | Criminal Charge | Possible Penalties |
| Sale of any amount of marijuana | 3rd Degree Felony | Penalties include incarceration for a period of up to 5 years with a fine of $5,000. |
| Sale of any amount within 1,000 feet of a school or other specific zone or in the presence of a minor.Other Specific Zones include: amusement parks, recreation centers, churches, synagogues, shopping malls, public parks, sports facilities, theaters, and public parking lots. |
3rd Degree Felony (Minimum) | One degree more than provided except 1st degree felony is 5 years mandatory incarceration. |
Any conviction of marijuana charges, including possession of marijuana, or sale/possession of drug paraphernalia, regardless of their felony degree or misdemeanor class, will result in your driver’s license being suspended for at lest six months.
Utah Marijuana Drug Sales Laws
In addition to possessing marijuana ready to be smoked, growing plants is also illegal. Under the Utah Drug Dealer’s Liability Act, possession of marijuana is defined by the level of offense. A level 1 offense, is the most serious offense, and if you are convicted of distributing marijuana, you are facing serious penalties. Specifically, Utah law defines levels as:
Title 58. Occupations and Professions; Chapter 37e. Drug Dealer’s Liability Act
Section 2.58-37e-2. Definitions.
(5) “Level 1 offense” means possession of 16 ounces or more or distribution of four ounces or more of a mixture containing a specified illegal drug or possession of 16 pounds or more or 100 plants or more or distribution of 10 pounds or more of marijuana.
(6) “Level 2 offense” means possession of eight ounces or more, but less than 16 ounces, or distribution of two ounces or more, but less than four ounces, of a mixture containing a specified illegal drug or possession of eight pounds or more or 75 plants or more, but less than 16 pounds or 100 plants, or distribution of more than five pounds, but less than 10 pounds of marijuana.
(7) “Level 3 offense” means possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of a mixture containing a specified illegal drug or possession of four pounds or more or 50 plants or more, but less than eight pounds or 75 plants, or distribution of more than one pound, but less than five pounds of marijuana.
(8) “Level 4 offense” means possession of 1/4 ounce or more, but less than four ounces, or distribution of less than one ounce of a mixture containing a specified illegal drug or possession of one pound or more or 25 plants or more, but less than four pounds or 50 plants, or distribution of less than one pound of marijuana.
You Deserve the Best Legal Defense
We understand that you may think selling “pot” is not as serious as selling cocaine, but prosecutors think selling any illegal drug is a big deal and take drug distribution, and intent to distribute charges seriously. The prosecutor will work hard to prove your guilt and may push for the maximum sentence possible — the prosecutor is not on your side and may not care about hearing your side of the story. But we are defense attorneys, and that means we are interested in hearing your side and will work hard to get you the best possible outcome.
Our criminal defense attorneys are trial lawyers. We have years of experience to our credit and we’re ready to put it to use in your case. We invite you to contact our Salt Lake City law office to schedule a free initial consultation. Call (801) 363-8500 or complete our simple online form to tell us about your case.
