Possession of a Controlled Substance in Utah

The basics of Utah's drug possession laws.

By , Attorney · Mitchell Hamline School of Law
Updated August 30, 2023

Like all states, Utah classifies and regulates the possession of controlled substances. Read on to learn about the penalties for illegal possession of drugs for personal use.

How Does Utah Classify Controlled Substances?

Utah divides controlled substances into five schedules—Schedules I to V. Schedule I drugs are considered the most dangerous and highly addictive, while Schedule V drugs are the least dangerous and the least addictive. Below are some examples of drugs placed into each schedule.

Schedule I includes drugs such as heroin, MDMA, LSD, mescaline, marijuana, and psilocybin.

Schedule II includes drugs such as raw opium, codeine, oxycodone, morphine, cocaine, fentanyl, carfentanil, pentobarbital, and meth.

Schedule III includes drugs such as ketamine, anabolic steroids, and testosterone.

Schedule IV includes drugs such as barbital, diazepam (Valium), flunitrazepam (Rohypnol), and lorazepam (Ativan).

Schedule V includes therapeutic medicines containing low amounts of codeine or other narcotics.

For a complete list of scheduled drugs, consult section 58-37-4 in the most recent version of the Utah Code.

(Utah Code § 58-37-4 (2023).)

Is Illegal Drug Possession a Felony in Utah?

Penalties for possession depend primarily on the type and amount of drug involved. While most drug possession offenses are misdemeanors, repeat offenders may face felony penalties.

Look-back period. Utah law only counts prior drug convictions that are less than seven years old (based on the date of the current and prior offenses).

Penalties for Illegal Possession of Schedule I and II Drugs

Illegal possession of a Schedule I or II controlled substance carries the following penalties in Utah.

  • For a first or second conviction for possession, a person will face a class A misdemeanor, punishable by up to 364 days in jail and a $2,500 fine.
  • For a third or subsequent conviction for possession, a person will face a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
  • For possession of 100 pounds or more of marijuana, a person will face a second-degree felony, punishable by one to 15 years in prison and a $10,000 fine.

Penalties for Illegal Possession of Schedule III, IV, and V Drugs and Marijuana

A similar penalty structure applies to illegal possession of Schedule III, IV, and V drugs and marijuana.

  • For a first or second conviction for possession, a person will face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine.
  • For a third conviction for possession, a person will face a class A misdemeanor, punishable by up to 364 days in jail and a $2,500 fine.
  • For a fourth or subsequent conviction for possession, a person will face a third-degree felony, punishable by up to five years in prison and a $5,000 fine.

Enhanced Penalties for Drug Possession

Utah law increases the penalty for a drug possession conviction if:

  • the person has a prior conviction for drug sales or manufacturing, or
  • the offense occurred in a jail or correctional facility.

In both instances, the penalty goes up by one degree. A class A misdemeanor, for example, would become a third-degree felony.

(Utah Code § 58-37-8 (2023).)

Defenses to Drug Possession Charges in Utah

In drug possession cases, a defense attorney may raise several arguments to challenge the prosecution's case. The prosecutor must prove the case beyond a reasonable doubt.

Lack of Knowledge or Possession

Drug possession crimes generally require proof that the defendant had actual or constructive possession of the drugs and knew what the drugs were. If the prosecutor can't prove the defendant possessed the drug or knew what it really was, this may lead a jury to acquit.

Illegal Search or Seizure

Another common defense strategy in drug possession cases is challenging the legality of the search that led to finding the drugs. If police conduct an illegal search, typically, the discovered evidence (the drugs) must be excluded. Without evidence of the drugs, the prosecution's case might fall apart.

Good Samaritan Defense for Drug Overdose

Utah offers immunity from certain drug possession charges and drug paraphernalia charges for persons who call 911 for help with a drug overdose. Immunity applies to the person seeking assistance and the person experiencing the overdose. To fall under these protections, a person who reports the overdose must remain on the scene and cooperate with authorities. (Utah Code § 58-37-8 (2023).)

Talk to an Attorney

If you're charged with drug possession, contact a local criminal defense attorney. While misdemeanor charges might seem minor, having a criminal record with drug charges can make it difficult to find a job, housing, or education. A drug possession conviction can also enhance penalties for future charges.

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