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Possession With Intent To Distribute


Utah drug laws are very strict, no matter what the situation may be. If there is a possibility that the drugs in question were possessed with the intent to distribute or sell them, the penalties will be escalated sharply.

This puts many in a difficult position because, although they may not be actively trafficking drugs, a large amount of a controlled substance may be enough to upgrade the charge from simple possession to intent to distribute. The potential for abuse or false allegations is high in scenarios such as this and need to be approached very carefully.

A possession with intent to distribute conviction can have debilitating effects on your social, professional, and financial well-being, making a strong defense vital in fighting the charges levied against you. This includes being represented by a capable criminal defense attorney who has the ability to successfully argue your case.

Salt Lake City Possession with Intent to Distribute Attorney

If you or a loved one is currently accused of possession with intent to distribute, take the steps necessary to clear your name and work with a qualified Salt Lake City criminal defense attorney who has the understanding of Utah drug laws and criminal process to effectively represent you in the court of law.

Darren Levitt is an experienced and knowledgeable defense attorney whose sole mission is to make certain your rights are protected throughout the entire process while making use his vast legal insight to provide for a strong defense strategy.

Call (801) 828-2732 or send an online message to schedule a free and confidential consultation with Darren to discuss your pending criminal case in detail. Levitt Legal, PLLC proudly represents individuals in and around the Utah counties of Box Elder, Salt Lake, Utah, Tooele, Morgan, Cache, Weber, Summit, Davis and Wasatch.

Possession with Intent to Distribute under Utah Law

Under Utah § 58-37-8 of the Utah Controlled Substances Act, it is unlawful for a person to knowingly and intentionally possess controlled substances with the intent to distribute. This also includes the agreement, consent, offer, or arrangement to distribute.

Utah has 5 Schedules of controlled substances, with Schedule I being the most dangerous. Highlighted in Utah Code §58-37-4, some of the common substances found in possession with intent to distribute cases include:

  • Marijuana
  • Heroin
  • Oxycodone
  • Codeine
  • Hydrocodone
  • Cocaine
  • Morphine
  • Psilocybin (Mushrooms)
  • Opium
  • Methamphetamine
  • Anabolic steroids

The penalties, if convicted, will vary depending on the type of illegal substance, the amount, and previous criminal history.

A person found with a substance classified in Schedule I or II, a controlled substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second degree felony. If they are dealing with a second or subsequent conviction, they will be guilty of a first degree felony.

If the person is found with a substance classified in Schedule III or IV is guilty of a third degree felony. If it is their second or subsequent conviction, they will be guilty of a second-degree felony.

If the person is found with a substance classified in Schedule V, they are guilty of a class A misdemeanor. If it is their second or subsequent conviction, they will be guilty of a third degree felony.

First Degree Felony comes with a presumptive sentence of five years to life in prison and / or up to $10,000 in fines. A Second Degree Felony comes with a presumptive sentence of one to fifteen years in prison and / or up to $10,000 in fines. A Third Degree Felony comes with a presumptive sentence of up to five years in prison and / or up to $5,000 in fines. Lastly, a Class A Misdemeanor comes with a presumptive sentence of up to one year in jail and / or up to $2,500 in fines.

Levitt Legal, PLLC | Salt Lake City Possession with Intent to Distribute Arrest Lawyer

A possession with intent to distribute can come with extremely disproportionate sentencing, depending on the situation. Law enforcement can make a possession charge much more severe simply by adding an intent to distribute. This may be warranted, but it also may be unnecessary and unfair.

With all that is at stake, having a capable criminal defense lawyer on your side will ensure that the state does not unfairly or unjustly punish you for your alleged actions. A proper defense can mean the difference between extensive prison time and your freedom. Action needs to be taken as soon as possible so that you are fully prepared to fight the allegations against you.

Call (801) 828-2732 to schedule a risk-free consultation with Darren Levitt today. Darren proudly represent individuals in and around the Utah cities of West Jordan, Draper, Tooele, Grantsville, Provo, Pleasant Grove, Lehi, Morgan, Logan, Wellsville, Richmond, Ogden, Park City, Oakley, Bountiful, Farmington, Midway and Charleston, among others.

Call Now To Schedule Your Consultation
(801) 828-2732