Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what our criminal defense team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Legalization of Marijuana - Utah Criminal Defense Attorney

Other states have passed laws legalizing possession of marijuana for both medical and recreational purposes. But under current Utah law, possession of any amount of marijuana is punishable as a crime, whether you are a resident of Utah or of another state. If you are facing criminal charges in Utah for marijuana possession or distribution, you need an experienced Utah criminal defense attorney.  Based in Salt Lake City, Stephen Howard defends clients charged with marijuana possession and other crimes throughout Utah. He has a record of achieving real results for clients facing serious criminal charges.

Legalization of Marijuana in Other States

There is a growing group of people who argue for the complete legalization of marijuana. Several jurisdictions have legalized marijuana for medical purposes (California, Arizona, Colorado, Oregon, etc.) Colorado law was changed recently to allow legal possession of small amounts of marijuana for recreational purposes - without the need for a doctor's prescription or medical card. While Utah has created a narrow exception for the possession of hemp extract, Utah law continues to criminalize the possession of marijuana.

Criminal Marijuana Charges for Out-of-State Residents in Utah

The following are a few examples of possible criminal charges that out-of-state residents could face in relation to marijuana use or possession in Utah.

Utah Marijuana Defense LawyerCriminal Possession of Marijuana in Utah - While marijuana has been legalized in other jurisdictions, it remains a crime in Utah to possess any amount of marijuana, regardless of the legal status of marijuana in a person's home state. Simple possession of less than an ounce of marijuana in Utah is typically punishable as a class B misdemeanor (maximum punishment 180 days jail). Possession of larger amounts, or possession with the intent to distribute can lead to felony charges.

Utah DUI Metabolite - In addition to being charged with possession of marijuana in Utah, out-of-state residents driving through Utah may also find themselves charged with what is sometimes called a "DUI Metabolite" charge. Utah's criminal code prohibits driving a vehicle while a person has any measurable amount of a controlled substance or a controlled substance metabolite in the person's body. This charge can be filed even if there is no evidence whatsoever of driver impairment.

Possession of Marijuana with the Intent to Distribute - On occasion, a person coming to Utah for an extended visit may be tempted to bring an extra large supply of marijuana from their home-state. Such action may allow a person to avoid the risks involved in illegally buying marijuana in Utah, but it also puts that person at risk for higher level drug charges including felony possession with intent to distribute. Utah criminal charges for distribution or possession of marijuana with the intent to distribute can each result in a prison term of 0-5 years. If the offense occurs in a drug free zone, the penalty jumps to a possible 1-15 years in prison.

Resolving Marijuana Charges for Out-of-State Defendants

While Utah law does not formally provide for any special accommodations for out-of-state residents, many Utah prosecutors understand that these people may be law-abiding citizens in their home states. In some cases, a prosecutor will be willing to consider the out-of-state resident status of a defendant and agree to a negotiated resolution that will not require the defendant to return to Utah for court. Utah criminal attorney Stephen Howard has successfully negotiated plea in abeyance agreements for out-of-state clients resulting in dismissal of  marijuana and other related charges.

Finding a Utah Criminal Defense Attorney in Utah

Criminal Lawyer Salt LakeIf you are facing criminal charges for possession of marijuana, you need an experienced attorney on your side.  After handling thousands of serious felony and misdemeanor charges, Salt Lake criminal defense attorney Stephen Howard has the experience to help you get the results you need.

Contact us now to schedule an initial consultation today.

RELATED CRIMINAL DEFENSE TOPICS


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Expungement Lawyer Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.