In Utah, drug trafficking is a serious criminal offense with significant legal consequences. Drug trafficking involves the manufacturing, distribution, transportation, or sale of illegal controlled substances, such as methamphetamine, heroin, cocaine, fentanyl, and other drugs.
Under Utah Code § 58-37-8, drug trafficking is classified as a felony offense, with penalties depending on factors like the type and amount of drugs involved, prior offenses, and evidence of intent to distribute. Utah’s drug trafficking laws aim to prevent the distribution of dangerous substances and to reduce drug-related crimes within the state.
Salt Lake City Lawyer for Drug Trafficking
You can be charged with drug trafficking in a variety of situations, such as transporting a large quantity of drugs, possessing packaging materials or scales, or being involved in the sale or distribution of controlled substances.
Susanne Gustin, Attorney at Law, is a skilled defense attorney with decades of experience defending clients against serious criminal charges. If you are facing drug trafficking charges, contact Susanne Gustin at 801-243-2814 for knowledgeable legal support. Susanne Gustin serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
Information Center for Drug Trafficking
- What is Drug Trafficking in Utah?
- Penalties for Drug Trafficking in Utah
- Defenses against Drug Trafficking in Utah
- Additional Resources
What is Drug Trafficking in Utah?
Drug trafficking charges apply when someone is found to be in possession of controlled substances with the intent to sell, distribute, or manufacture them. This differs from simple possession, which typically applies when a small quantity is found with no evidence of intent to distribute. Trafficking charges can apply to various situations, such as transporting large quantities of drugs across state lines, possessing equipment used for drug manufacturing, or even holding smaller amounts with signs of distribution, like packaging materials or scales. Utah Code § 58-37-8 states as followed:
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:
- 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 of scenarios include:
Possession with Intent to Distribute
A person is pulled over for a traffic violation, and police find several small packages of cocaine and scales in the vehicle. Even if the amount is relatively small, the presence of packaging materials and scales could lead to trafficking charges.
Transportation of Controlled Substances
An individual is caught transporting a large quantity of fentanyl across state lines into Utah. Due to the amount and the transportation involved, this would be classified as drug trafficking.
Operation of a Drug Manufacturing Lab
Law enforcement discovers a meth lab in a residential home. Manufacturing controlled substances is considered trafficking, and anyone involved could face serious felony charges.
Penalties for Drug Trafficking in Utah
Utah takes the offense very seriously which is why it is a felony to traffic drugs.
Second-Degree Felony
- Up to 15 years in prison and
- Fines up to $10,000.
This charge often applies to trafficking lower quantities of controlled substances, such as less than one ounce of heroin, cocaine, or methamphetamine, or marijuana in amounts greater than one pound but less than 100 pounds.
First-Degree Felony
- Up to life in prison and
- Fines up to $10,000.
Applies to large-scale trafficking, such as over one pound of heroin, cocaine, methamphetamine, or other Schedule I or II drugs, or marijuana in amounts over 100 pounds.
Defenses against drug trafficking in Utah
Various defenses may be available for those facing drug trafficking charges, depending on the circumstances:
Unlawful Search and Seizure
If evidence was obtained without a valid search warrant or probable cause, it may be excluded from court, which could lead to a reduction or dismissal of charges.
Lack of Intent to Distribute
If the defendant can show that the drugs were for personal use and not for sale or distribution, the charge could be reduced from trafficking to simple possession.
Coercion or Duress
If the defendant was forced or threatened into trafficking drugs, this defense may apply, particularly if there is evidence to support the claim.
Additional Resources:
- Utah Code §58-37-8: Details the classification and penalties for possession and trafficking of 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 Lawyer for Drug Trafficking in Salt Lake County, UT
If you are facing drug trafficking charges, working with an experienced criminal defense attorney is crucial. Susanne Gustin, Attorney at Law, has extensive experience defending clients against drug-related charges in Utah.
For a consultation on your case, contact Susanne Gustin at 801-243-2814. She serves clients throughout Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
