The Law

DRIVING WITH THC IN YOUR BLOOD

Marijuana Possession is Illegal Here

Possession of a personal amount of marijuana is a Class B Misdemeanor. The police can arrest you for it if they want. Often, they don’t arrest you, they just write a citation and let you go, but even if that happens, it doesn’t mean you just pay a fine and make it go away (like a speeding ticket). It is still a “mandatory appearance” charge in Utah, which that you have to deal with it through the Court system, and often means you will have to show up for Court hearings.

If you plead guilty or are convicted, the possible penalties include a fine of up to $1,900, and six months in jail. Utah might also suspend your driving privilege for 6 months!

Most people don’t get the maximums. The most common sentence for a first offense is more like a fine of $700, and a year of probation, with drug counseling and other requirements. The criminal conviction will stay on your record for at least 4 years before you might be able to try and remove it with an expungement.

+FAQ: I bought my marijuana legally, and I’m just traveling through Utah to another state where it’s legal

Answer: It doesn’t matter where or how you acquired your marijuana, or where you’re taking it, or whether you’re planning to use it here or not. If you’re within the borders of Utah and you have any amount of marijuana (even a single bud, even a crumb of a bud), you’re breaking the law unless you fall into a very limited exception for medical users.

+ FAQ: But I’ve read something online about the Full Faith and Credit Clause and the Equal Protection Clause and it says that States have to honor other States’ laws

Answer: I have read those things too. They are very creative and optimistic arguments, mostly issued by companies in the business of selling marijuana online, from what I can tell. In my judgment those arguments are wrong, at least under the current interpretation of the law. The Full Faith and Credit Clause applies to things like marriage certificates, it does not apply to criminal laws.

+ FAQ: What’s the deal with the “driving privilege suspension”? Is Utah allowed to suspend my out-of-state license?

Answer: No, Utah cannot take your out-of-state license if you are convicted of marijuana possession, but they can suspend your Utah driving privilege (meaning your right to drive in Utah). What’s more, many states are members of the Interstate Compact which is an agreement where if one state (like Utah) suspends your driving privilege, your home state (like New York) suspends your actual driver’s license, so a conviction for Marijuana possession in Utah could very well get your out-of-state license taken away.

+ FAQ: Is there any way to avoid the license suspension if I’m charged with Marijuana possession in Utah?

Answer: Yes, there are ways. One way is fighting the case and winning. Another way is getting a special kind of plea deal which doesn’t result in a conviction at all. A third way is getting a judge’s order applying a special exception. These ways all require some legally maneuvering, so obviously it helps a lot to have an defense attorney helping you out.

Drug Paraphernalia is illegal here, and anything can be paraphernalia.

Utah’s definition of illegal “drug paraphernalia” is very, very broad. It includes:

Any equipment, product or material

Used or intended to be used to:

Plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the body.

It makes a fun driving game to try to think of something that cannot be paraphernalia, but suffice it to say, if you have marijuana in the car, you probably have “paraphernalia” by this definition. It’s extremely rare to see a marijuana charge without a paraphernalia charge to go with it. Like a simple possession charge, a paraphernalia charge is a Class B misdemeanor, so it can double the potential jail time and fines.

It is illegal to drive with ANY amount of THC in your blood.

You probably already know that it is illegal to drive while impaired (by anything). But in Utah you can be arrested even if you are not impaired and you don’t have any pot or paraphernalia with you! It’s a crime in Utah to drive with a measurable controlled substance in your body (even one microgram of THC).

+ FAQ: But what if I smoked pot legally in Colorado or California?

Answer: That might not save you. The law does have an exception for “legally” ingested drugs, but pot is still illegal in the United States under federal law. If you were using marijuana for medical purposes, and you meet the complicated and strict requirements of Utah's Medical Cannibis Law you probably have a better chance of defending yourself. However, the medical cannabis law is new in Utah, so it will take a while to figure out how courts will apply it.

Possession With Intent

There are several ways to turn a “simple” possession charge, like those described above, into a felony “Possession with Intent to Distribute” charge. If you have an amount that’s more than the cop thinks is a normal personal-use amount, that will do it.

For most cops, more than an once or two ounces of flower is probably enough to warrant a possession w/ intent charge. If it’s packaged in a way that suggests distribution, that could get you there too, even if it’s a relatively small amount. If you have scales or baggies or incriminating messages on your phone, that is obviously relevant. And of course, admitting to the cops that you are planning to “deliver,” “sell” or “hand off” any amount of marijuana makes it easy for them.

There are just no hard and fast rules for what turns a possession charge into a possession w/ intent charge. But it’s always the prosecutor’s job to actually prove the elements of the crime in court, so someone who is planning to personally consume all the marijuana in their possession is not guilty of possession with intent, even if they are charged with it.

As a Third Degree Felony, a Possession with Intent charge certainly means you’re getting arrested, not sent on your way with a citation (like you might be for a “simple possession” charge). Your car is getting towed, and you’re getting booked in jail. Bail is typically around $5000, though it can be more. The maximum possible penalties are 0-5 years in prison and a fine of almost $10,000.