In Utah, possession of fentanyl is a serious offense with stringent legal repercussions due to its high potential for abuse and the significant dangers associated with opioid misuse. Under Utah Code §58-37-8, fentanyl is classified as a Schedule II controlled substance, indicating that while it has medical use, it carries a high risk of dependency and abuse. The law governing the possession, distribution, and manufacturing of controlled substances aims to combat illegal drug use and prevent the spread of potent opioids like fentanyl.
Salt Lake City Lawyer for Possession of Fentanyl
You can be charged with fentanyl possession in various situations, such as having a small amount in your car or on your person during a routine traffic stop, even if it’s only for personal use.
Susanne Gustin, Attorney at Law, is a seasoned defense attorney with decades of experience defending clients against criminal charges. If you are facing a fentanyl possession charge, contact Susanne Gustin at 801-243-2814 for skilled legal support. Susanne Gustin provides criminal defense services to clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
Information Center for Possession of Fentanyl
- What is Possession of Fentanyl?
- Penalties for Possession of Fentanyl
- Defenses Against Possession of Fentanyl
- Additional Resources
What is Possession of Fentanyl?
This statute applies to various situations, such as possessing fentanyl for personal use, transporting it, or having it found in one’s home or vehicle. The severity of the penalties for possession can vary based on the amount in possession, any prior offenses, and indications of intent to distribute. The statute states:
It is unlawful for a person to knowingly and intentionally:
- produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance;
- distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance;
- possess a controlled or counterfeit substance with intent to distribute; or
- engage in a continuing criminal enterprise where:
- the person participates, directs, or engages in conduct that results in a violation of this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a felony; and
- the violation is a part of a continuing series of two or more violations of this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are undertaken in concert with five or more persons with respect to whom the person occupies a position of organizer, supervisor, or any other position of management.
Some examples include:
Possession for Personal Use
A 30-year-old is stopped for a routine traffic violation, and a subsequent vehicle search uncovers a small vial of fentanyl. Even if the individual claims it is for personal use, they may face felony charges for possession.
Possession with Intent to Distribute
A 40-year-old is found with multiple pre-packaged quantities of fentanyl during a search of their home. Due to the amount and packaging, they may face enhanced charges for possession with intent to distribute, which carries stricter penalties.
Prescription Violation
An individual possesses fentanyl powder or tablets not covered under their prescribed fentanyl patch. Even if the person has a prescription for certain forms of fentanyl, this scenario could still lead to criminal charges.
Penalties for Possession of Fentanyl in Utah
The penalties for possessing fentanyl in Utah can be severe, depending on the quantity and associated circumstances:
Third-Degree Felony (typically applies to possession of smaller amounts):
- Up to 5 years in prison and
- Fines up to $5,000.
Second-Degree Felony (applies when intent to distribute is involved or for larger amounts):
- Up to 15 years in prison and
- Fines up to $10,000.
Repeated offenses or possession with aggravating factors can lead to even more severe consequences, including enhanced prison terms.
Defenses for Possession of Fentanyl
Several potential defenses may be used to contest fentanyl possession charges in Utah:
Unlawful Search and Seizure
Evidence of possession may be suppressed if it was obtained through an illegal search. For example, if law enforcement did not have a valid search warrant or probable cause, this could be a strong defense.
Lack of Knowledge
- A defendant might argue that they were unaware that fentanyl was in their possession. This defense may be applicable if the controlled substance is discovered in a shared vehicle or communal living space.
Valid Prescription
- If the defendant possesses a legitimate prescription for fentanyl, this can be presented as a defense. However, it must be demonstrated that the fentanyl was held and used in accordance with the prescription’s terms.
Additional Resources:
- Utah Code §58-37-8: Details the classification and penalties for possession of controlled substances, including fentanyl.
- 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.
Hire a Lawyer for Possession of Fentanyl in Salt Lake County, Utah
Susanne Gustin, Attorney at Law is an experienced defense attorney with decades of experience defending clients against criminal charges. She will work with you to develop a defense strategy tailored to your circumstances. Facing criminal charges should be taken seriously because of the detrimental impact that it can have in your life. A conviction can lead to imprisonment and/or fines. It is important to retain legal representation in the earliest stages of your case to achieve a favorable outcome.
Susanne Gustin, Attorney at Law, actively pursues every possible option to obtain the best possible result in each case, including dismissal and reduction of the charges. If you have been charged with possession of fentanyl, contact Susanne Gustin, Attorney at Law at 801-243-2814. Criminal defense attorney Susanne Gustin services clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, Layton, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
