Marijuana Offenses

More states are beginning to accept marijuana as a legal recreation drug, or as an approved medical substance. The conservative state of Utah has embraced the medical used of cannabis by approving Proposition 2 in November 2018. Additionally, passing House Bill 3001 on December 2018 amended the Utah Cannabis Act and making medical marijuana legal for certain conditions. Nevertheless, marijuana is illegal in Utah. In other words, the adult use and recreational use of cannabis remains illegal throughout the state of Utah. Marijuana is included in the list of controlled substances under the Utah Controlled Substances Act. 

Many people do not consider marijuana a hard drug; however, the state of Utah penalizes marijuana offenses similarly to any other controlled substance. An individual can be arrested for possessing even a small amount of marijuana. That is to say that, any individual who is caught with marijuana and does not have a medical cannabis card on them, can be subjected to penalties. The penalties for possession of marijuana, cultivating marijuana, trafficking marijuana, or any other marijuana-related crime depends on the amount of marijuana, if the defendant has prior convictions, and much more. 

Having legal representation is recommended when facing any marijuana related charges, a conviction can result in having to pay fines, suspension of the defendant’s driver’s license, and possibly jail time. An experienced marijuana defense attorney can provide you with guidance, resources, legal representation, and make sure that your rights are protected throughout the entire process. Whether facing charges regarding possession of marijuana, distribution of marijuana, transportation of marijuana, intent to sell, or any other marijuana-related offense the consequences of a conviction can have serious effects on your future. 


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Salt Lake City Marijuana Criminal Defense Attorney

If you have been charged with a marijuana offense or any other marijuana-related crime, you need legal representation. Call Susanne Gustin Attorney at Law at (801) 243-2814 for a consultation with a skilled defense lawyer. It is important to retain legal representation in the earliest stages of your case to achieve a favorable outcome. Susanne Gustin Attorney at Law, is a trial proven criminal defense attorney and is well respected in Utah Courts for her skilled and compassionate defense of those accused. She actively pursues every possible option to obtain the best possible result in each case, including dismissal and reduction of the charges. 

If convicted, a defendant may face time in prison, exorbitant fines, a loss of certain licenses, and the social stigma of having a criminal record. An experienced criminal defense lawyer can work with you to examine the details of your case and find any possible defense against the prosecution. Susanne Gustin Attorney at Law, serves individuals in Salt Lake City, Midvale, Riverton, Taylorsville, Clearfield, Layton, Davis County, and the surrounding areas. 

Whether you are visiting Utah or are a resident of Utah, it is important to understand the cannabis laws. If you are facing any marijuana-related charges it is equally important to retain legal representation. Susanne Gustin has more than 30 years of courtroom experience. She has defended numerous clients against some of the most serious drug offenses. She is prepared to work tirelessly for you to achieve an acquittal or to minimize your charges. Contact Susanne Gustin Attorney at Law at (801) 243-2814 or submit an online form to schedule a completely confidential consultation to discuss all of your legal options.


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Utah Marijuana Crimes Information Center


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Marijuana Offenses Defined

The Utah Controlled Substance Act covers a wide range of illegal substances and analogs. Utah Code §58-37-8-2(b)(i) states that it is illegal for anyone to knowingly and intentionally possess or use a controlled substance analog or a controlled substance. 

There is an exception if the substance was obtained under a valid prescription or order directly from a practitioner who was acting in the course of his professional practice, or as otherwise authorized by this statute.


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Penalties for a Conviction

Upon conviction of a marijuana offense, the penalties will vary depending on surrounding circumstances. Individuals with prior convictions may be sentenced more harshly than first-time offenders.

In addition, if the defendant caused bodily harm during the marijuana offense, penalties will also be heightened. As of October 1, 2015, Utah has removed the tiered penalty structure for possession of marijuana.

However, individuals convicted of a marijuana offense may still face misdemeanor charges to third-degree felonies. The maximum penalties for these crimes are up to five years in prison and/or up to $5,000 in fines.  


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More Information on Utah’s Marijuana Laws

Marijuana Policy Project (MPP) – Visit the link to learn more information about national policies on cannabis. The website provides information on cannabis laws per state, updates on policies, bills, and legislation. Additionally, the organization also published information regarding the economic and legal issues facing the cannabis industry. MPP aims to change laws and lives for the better by actively mobilizing individuals, providing resources, and creating long lasting policy solutions.

Utah Controlled Substances Act | Utah Code § 58-37-4 – Follow the link to view Utah schedules of controlled substances. The section includes the list of all controlled substances and their schedule classifications.

National Organization for the Reform of Marijuana Laws (NORML) – The NORML aims to educate the public on marijuana in the hopes that moving the public’s opinion will help to legalize the responsible use of marijuana by adults. The website provides valuable information regarding marijuana laws by state, about the use of marijuana, hemp, and much more.

United States Drug Enforcement Administration (DEA) | Marijuana – The website provides information about how marijuana affects your body, how it’s used, federal drug policies, and much more. It is a comprehensive website that includes information on various drugs, their effects, etc.

Utah Medical Cannabis Program – View the website to learn updated information on Cannabis Laws in Utah. An individual can apply for or renew a medical cannabis card through the website. It includes information on Cannabis Laws in Utah, how to find a qualified medical provider, monthly statistical analysis on the program’s performance, and more.  


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Susanne Gustin Attorney at Law Salt Lake County Marijuana Crimes Defense Lawyer

If you have been charged with marijuana possession or any related drug offense, you need a lawyer on your side to work diligently toward your freedom. Call Susanne Gustin Attorney at Law at (801) 243-2814 to speak with attorney Susanne Gustin. She will work with you to improve your situation. This firm represents clients in Salt Lake County, Davis County, Sandy, South Jordan, Mount Olympus, Alta, Holladay, South Salt Lake, Herriman, East Millcreek, Cottonwood West, and neighboring cities.


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