In Utah, possession with intent to distribute is a severe drug offense carrying harsh penalties. Unlike simple possession, this charge applies when someone is found with drugs and additional evidence suggesting they plan to sell or distribute them. Controlled substances often involved in these cases include methamphetamine, heroin, cocaine, fentanyl, and other illegal drugs.
Under Utah Code §58-37-8, possession with intent to distribute is classified as a felony offense, with penalties that vary based on the type and quantity of the drug, prior offenses, and evidence of intent to distribute. This law aims to curb the distribution of dangerous substances and reduce drug-related crimes within the state.
Salt Lake City Lawyer for Possession with Intent to Distribute
You can be charged with possession with intent to distribute in several scenarios, such as possessing a large quantity of drugs, having items like scales or packaging materials, or holding multiple individually packaged doses. Even if the amount is small, these additional factors can lead to distribution charges.
Susanne Gustin, Attorney at Law, is an experienced defense attorney with decades of expertise in defending clients against serious criminal charges. If you are facing possession with intent to distribute charges, contact Susanne Gustin at 801-243-2814 for professional legal support. Susanne Gustin serves clients throughout Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
Information Center for Possession with Intent to Distribute
- What is Possession with Intent to Distribute?
- Penalties for Possession with Intent to Distribute
- Defenses Against Possession with Intent to Distribute
- Additional Resources
What is Possession with Intent to Distribute?
Possession with intent to distribute occurs when a person is found with a controlled substance, along with evidence indicating that they intended to distribute, sell, or otherwise provide it to others. This differs from simple possession, which applies when a small quantity is found without signs of intended distribution. Situations that could lead to these charges include possessing a large amount of drugs, having packaging materials, or being found with paraphernalia commonly used for distribution. Utah Code § 58-37-8 states as follows:
Except as authorized by this chapter, 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:
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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
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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.
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Here are some common examples of situations that could lead to a charge of possession with intent to distribute:
Large Quantity of Drugs
A person is found with a substantial amount of a controlled substance, such as multiple grams of methamphetamine or several ounces of marijuana. The quantity exceeds what might reasonably be for personal use, leading authorities to suspect intent to distribute.
Multiple Packages in a Vehicle
During a routine traffic stop, police find several pre-packaged doses of heroin or fentanyl hidden in the vehicle. The number of individually packaged doses suggests an intent to sell.
Messages or Records of Sales
Suppose law enforcement finds text messages, social media conversations, or written records of sales and transactions on a person’s phone or other devices. In that case, it can support a charge of intent to distribute.
Penalties for Possession with Intent to Distribute in Utah
Utah takes possession with intent to distribute very seriously, as it is typically classified as a felony.
Second-Degree Felony
- Up to 15 years in prison,
- Fines up to $10,000.
Generally applies to smaller amounts or lower-risk controlled substances.
First-Degree Felony
- 5 years to life in prison,
- Fines up to $10,000.
Applies to large amounts of controlled substances or cases involving Schedule I or II drugs, like methamphetamine, cocaine, or heroin.
Defenses Against Possession with Intent to Distribute in Utah
Several defenses may apply in cases of possession with intent to distribute, depending on the case specifics:
Unlawful Search and Seizure
Evidence obtained without a warrant or valid probable cause can be excluded from court, which may lead to a reduction or dismissal of charges.
Lack of Intent to Distribute
If the defendant can demonstrate that the drugs were for personal use and not for sale, the charge may be reduced to simple possession.
Coercion or Duress
If the defendant was forced or threatened into drug distribution, this defense may apply, especially if supporting evidence exists.
Additional Resources:
- Utah Code § 58-37-8: Detailed classification and penalties for possession with intent to distribute controlled substances.
- Utah Code §58-37-4: Specifies the 5 schedules of controlled substances. Possession of these substances can result in fines or even time in prison.
Hire a Possession with Intent to Distribute Lawyer in Salt Lake County, Utah
If you are facing charges of possession with intent to distribute, it is crucial to work with an experienced criminal defense attorney. Susanne Gustin, Attorney at Law, has extensive experience defending clients against drug-related charges and is dedicated to achieving the best possible outcome for each client.
For a consultation on your case, contact Susanne Gustin at 801-243-2814. She serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
