The state of Utah takes drug crimes extremely seriously. When you or a loved one has been charged with a drug crime, it is important to understand the differences between drug possession vs possession with intent to distribute in Utah.
For decades, Blackley & Wingad have been serving individuals in Salt Lake City, Draper, Cottonwood Heights, and beyond, and can protect your rights today, no matter what kind of drug charges you’re facing.
Drug Charges in Utah
While drug crimes decreased by 3% in 2024, one person is still arrested for a drug charge every 40 seconds, and in 2023 alone, 870,874 Americans were arrested due to an alleged drug offense. When you are arrested for a drug crime in Utah, it is essential to understand the exact nature of the charge, as each charge comes with its own penalties should you be convicted.
Many individuals may think they have been charged with possession, while in fact, they have been charged with possession with the intent to distribute. Understanding the key differences between these two is essential to knowing your options and how you can be defended.
Simple Possession
In Utah, simple possession is the most frequently charged drug crime and requires that the defendant have drugs at the time of their arrest. However, it is important to understand exactly how possession is defined.
Possession can either be defined as actual possession or constructive possession. In a case of constructive possession, the drugs are not on your person, but have rather been stored in a space belonging to you, like your home or vehicle. In a case of actual possession, the drugs are found on your person, such as in your pocket or in your backpack.
In addition to these requirements, you need to be aware of the drug in your possession for a charge to stick. If you are not aware of the drug being in your possession, then your attorney may be able to use this as part of your defense.
Defining Possession With Intent to Distribute
When it comes to possession with intent to distribute, you must both have drugs and intend to give them to other individuals. This is treated as a much more serious crime than simple possession, but the prosecution has a much higher burden of proof. Typically, the difference between simple possession and possession with the intent to distribute boils down to the amount of drugs that are allegedly found to be in your control.
How the Prosecution Tries to Prove Intent to Distribute
Because prosecutors do not often get the confession of someone arrested for a drug crime, they will need to build their case on evidence. When it comes to the charge of possession with the intent to distribute, there are a number of pieces of evidence they can try to use to set your case apart from that of a simple possession case. This evidence can include:
- Packaging. If there are any scales, a number of small plastic baggies, or other items that could be deemed as drug packaging material, then this could be used as evidence of your intent to sell or distribute the drugs found in your possession.
- Large sums of money. If you are found to be carrying a large amount of money, especially cash in small denominations, or have large amounts of untraceable cash at your home, then this might be used as evidence to suggest you have taken part in recent drug sales and distribution.
- Amount of drugs. If you are found to be in possession of larger amounts of drugs than would be considered typical for the average user, then this is a massive red flag that law enforcement can use to arrest you for possession with intent to distribute.
- Communications. If the prosecution can uncover any emails, texts, or social media messages that appear to be arranging a sale of drugs between you and another party, then they can use this as evidence for your possession with intent.
- Guns or other weapons. If there are any weapons present alongside drugs in your possession, you could face additional charges and be accused of possession with intent to distribute.
FAQs
What Are the Drug Schedules in Utah?
In Utah, drugs are classified in schedules according to their medical application and risk of abuse and addiction. For example, Schedule I drugs carry the highest risk for abuse and addiction and have no medical application whatsoever. These drugs include heroin, LSD, MDMA, or ecstasy, peyote, marijuana, and psilocybin mushrooms.
What Are the Penalties for Drug Crimes in Utah?
In Utah, there are several penalties you might face for a drug crime conviction, depending on factors like the type of drug involved and the amount of drug found in your alleged possession. The most common penalties include jail or prison time, fines, probation, community service, or mandatory participation in rehabilitation or drug programs.
How to Defend Against Drug Possession Charges?
There are several defense strategies available for drug possession charges. Your attorney can review your case and determine the strategy that adequately fits the needs of your case. These strategies can include lack of intent, lack of knowledge, illegal search and seizure, a violation of your rights, or proving that the drugs involved in the case were not actually yours.
Can a Charge of Possession With Intent Be Reduced?
Yes, it is possible that a possession with intent charge can be reduced. However, you need an attorney on your side if you wish to attempt this legal action. Your attorney can craft a strong defense for you that creates leverage for possible negotiation, and these negotiations may result in a possession with intent charge reduced to simple possession.
Hire a Drug Possession Lawyer Today
When you need to hire a drug possession lawyer in Utah, Blackley & Wingad can help. Drug crimes are serious, and you must have a full understanding of the charges filed against you. Our firm can protect your rights today. Contact us online or by phone to learn more about our legal services and to schedule your initial consultation.
