Opioid Crimes
Opioids are a type of drug typically used to treat pain but can have addictive qualities. Many of these drugs are prescribed by a doctor such Fentanyl and OxyContin. Utah law considers opioids to be a controlled substance, meaning it’s illegal to possess, distribute, sell or manufacture them. Violation of these laws will result in serious penalties including expensive fines and even jail or prison time.
If you or someone you know has been charged with possessing opioids, then it’s crucial you have legal representation ready. The penalties associated with opioid crimes are incredibly serious and you could face future difficulties obtaining housing or employment. To avoid the severe consequences, it’s advised you speak to an experienced criminal defense attorney.
Defense Attorney for Opioid Possession in Salt Lake City, Utah
Have you been charged with possession or sale of opioids? It’s important you are informed on what could happen next. Opioids are a “high risk” drug, so the penalties associated with it could uproot your life. You may be required to pay steep fines and even spend time behind bars.
If you or someone you know has been charged with a drug crime, contact Susanne Gustin Attorney at Law. Susanne Gustin is an experienced attorney who has represented numerous people in drug related cases. She can assist you by formulating a strong defense plan. Call (801) 243-2814 today to set up a free consultation with attorney Gustin today.
Susanne Gustin Attorney at Law defends people throughout the greater Salt Lake County and Weber County area including Salt Lake City, West Valley City, Ogden, and Pleasant View.
Overview of Opioid Crimes in Utah
- What Are Opioids?
- The U.S. Opioid Epidemic
- Drug Schedules and Opioids in Utah
- Penalties for Possessing Opioids in Utah
- Utah Penalties for Selling or Distributing Opioids
- Aggravating Factors to the Crime
- Additional Resources
What Are Opioids?
An opioid is a type of controlled substance that mimics opioid receptors in your brain. What happens when these receptors are activated is your brain sends out a signal to create a calm and euphoric feeling. Normally, synthetic opioids are used for medicinal purposes such as relieving pain. These synthetic opioids are commonly prescribed by a doctor after an accident or serious injury.
Some examples of synthetic opioids include:
- Fentanyl;
- Meperidine;
- Vicodin;
- Lortab;
- Lorcet;
- OxyContinl
- Oxecta;
- Roxicodone;
- Opana;
- Dilaudid;
- Tramadol; and
- Methadone
Opiates derived from natural alkaloids are also opioids. These drugs are semi-synthetic and are rarely used in a medical setting. They are normally bought on the street or through an illegal trade. Some examples of semi-synthetic opioids include:
- Morphine;
- Thebaine;
- Heroin;
- Codeine;
- Oxymorphone;
- Hydrocodone;
- Oxycodone; and
- Hydromorphone
The U.S. Opioid Epidemic
The United States is currently undergoing a public health emergency known as the Opioid Crisis or Opioid Epidemic. This is because there was an increase of opioid prescriptions in the 1990s. Pharmaceutical companies had reassured the medical community that patients wouldn’t be addicted to these medications. That fact turned out to be further from the truth.
Most of these prescriptions were for injury or surgery-related issues and treated the symptoms of chronic pain. The increased prescriptions led to a widespread misuse of opioid prescriptions. Patients would become dependent on the drug to function after a certain period and once their prescription ran up, they turned to street opioids.
The waterfall of events led to an increased use of both prescription and non-prescription opioids in the United States. In 2017, the Health and Human Services (HHS) Department reported 11.4 million people abused prescription opioids in the U.S. The following are some opioid epidemic statistics collected by HHS in 2017:
- 1 million people were reported with opioid use disorder;
- 2 million people misused prescription opioids for the first time;
- 886,000 people were reported using heroin;
- 15,482 people died due to overdosing on heroin;
- 28,466 people died from overdosing on synthetic opioids other than methadone;
- 47,600 died from overdosing on prescribed opioids; and
- 130 people die every day from opioid-related drug overdoses
Drug Schedules and Opioids in Utah
Utah has implemented the Controlled Substances Act to classify controlled substances. These classifications are known as schedules and divide controlled substances by their potential for addiction and medicinal usage. Because opioids are considered a “dangerous” drug, they are classified under the schedule I or schedule II, which carry the harshest penalties.
Schedule I drugs are considered to have the highest risk of abuse and are hardly used in the medical field. Opioids found under schedule I include:
- Heroin;
- Oxymorphone;
- Codeine;
- Morphine;
- Hydrocodone;
- Oxycodone;
- Thebaine; and
- Hydromorphone
Schedule II drugs also have a high potential for chemical dependency but are often used in the medical industry to relieve pain. Opioids found under schedule II include:
- Meperidine;
- Vicodin;
- Dilaudid;
- Tramadol;
- Methadone
- Lortab;
- Lorcet;
- OxyContinl
- Oxecta;
- Roxicodone;
- Opana; and
- Fentanyl
Other drug schedules that don’t include opioids are:
- Schedule III – For drugs with a mid to higher level of abuse and are used in the medical field. Some examples include buprenorphine and benzaphetamine.
- Schedule IV – Controlled substances that have a low potential for addiction and serve a medical use are under schedule IV. Some examples include barbital and modafinil.
- Schedule V – This group has the lightest penalties and cover medicine that contains a small amount of codeine or opium.
Penalties for Possessing Opioids in Utah
The penalties for possessing opioids depend on the drug’s classification and your criminal history. According to Utah Code 58-37-8 it’s unlawful in Utah to:
- Possess or use a controlled substance;
- For an owner, tenant or anyone in control of a building to permit people to unlawful use, distribute or possess a controlled substance; or
- Possess an altered or forged prescription for a controlled substance
Possessing an opioid under schedule I or II is a class A misdemeanor, which is punishable by:
- Up to 12 months in jail; and
- A fine of up to $2,500
If you have two prior convictions for possessing a schedule I or II drug, then it’s enhanced to a third-degree felony. The penalties for a third-degree felony include:
- Up to five years in prison; and
- A fine of up to $5,000
Property owners who allow people to use opioids on their property or possess a forged prescription to obtain opioids or opiates will be charged with a class B misdemeanor, which can result in:
- Up to 6 months in jail; and
- A fine of up to $1,000
A second conviction will lead to a class A misdemeanor that can result in:
- Up to 12 months in jail; and
- A fine of up to $2,500
Third or subsequent offense will result in a third-degree felony, which is punishable by:
- Up to five years in prison; and
- A fine of up to $5,000
Penalties for Selling Opioids or Opiates in Utah
Selling, distributing opioids or creating false prescriptions to obtain them is also illegal. A first or second conviction for distributing opioids is a class A misdemeanor, which is punishable by:
- Up to 12 months in jail; and
- A fine of up to $2,500
A third or subsequent conviction will lead to a third-degree felony, which can result in:
- Up to five years in prison; and
- A fine of up to $5,000
- Using any sort of design or device to make an opioid resemble a counterfeit controlled substance will lead to enhanced penalties. Disguising a drug to look like a counterfeit substance is a third-degree felony, even if it’s your first offense.
Aggravating Factors for Opioid Cases in Utah
Certain situational factors of the crime could enhance your penalties, these are referred to as aggravating factors. If one or more aggravating factors are present during the crime, then your penalties will be elevated by one degree. For example, if you possessed an opioid like heroin, you’ll be charged with a class A misdemeanor. However, if the court finds out you possessed heroin while on public school grounds, your penalties will be enhanced to a third-degree felony.
Your penalties will be elevated if you commit a drug-related crime in or near:
- A public or private school during the hours of 6 A.M through 10 P.M.;
- A public or private vocational school or postsecondary institution during the hours of 6 A.M and 10 P.M;
- A preschool or child care facility during hours of operation;
- A public park, arcade, recreation center, amusement park as it’s open to the public;
- The presence of a person under the age of 18; or
- Attempts to transport, deliver or distribute the substance to a detained inmate
Additional Resources
Utah Drug Laws – Visit the official website of the Utah State Legislature to learn more about their Controlled Substances Act. Access their drug schedules, prohibited acts and penalties for those acts, as well as relatable offenses.
Understanding the Opioid Epidemic – Visit the official website of the Center for Disease Control and Prevention to learn more about the United States crisis with opioids. Learn theories on why the spread of opioids has skyrocketed, statistics and how to prevent opioid deaths.
Defense Attorney for Opioid Offenses in Salt Lake County, UT
If you or someone you know has been charged with an opioid-related crime, it’s crucial you have legal counsel. Without the right representation, you could be sentenced to pay hefty fines and spend time in jail or prison. Gain a trusted advocate today with Susanne Gustin Attorney at Law.
Susanne Gustin is a skilled attorney with years of experience defending people from drug crimes. Using her resources and knowledge, attorney Gustin can provide an effective defense. Call (801) 243-2814 now to schedule a consultation. Susanne Gustin Attorney at Law represents people throughout the Salt Lake City area including West Valley City, Pleasant View, and Ogden.