Charged with Possession with Intent to Distribute in Utah

young adults at the club passing drugs to each other

Don’t Let a Drug Charge Destroy Your Future: Here’s What You Need to Know

In Utah, Possession with Intent to Distribute charges fall under Utah Code Section 58-37-8, which makes it illegal to knowingly possess a controlled substance with the intent to sell, distribute, or deliver it to another person. A conviction can have serious consequences, including heavy fines, prison time, and a permanent criminal record that can impact future opportunities.

What is the difference between possession and intent to distribute in Utah?

Possession refers to controlling or owning the material, while distribution involves sharing, selling, or distributing it to others. Understanding these differences is essential, as they directly influence the severity of charges and the potential penalties you may face.

What are the penalties for possession with intent to distribute in Utah?

The severity of the charge depends on the type and amount of the controlled substance:

  • Schedule I & II Drugs which includes heroin, methamphetamine, cocaine, and LSD, can bring second-degree felony charges. A first offense can bring 1 to 15 years in prison and up to $10,000 in fines. Repeat offenders or aggravating circumstances can increase the charges to a first-degree felony with up to 5 years to life in prison.
  • Schedule III & IV Drugs which includes prescription drugs like Xanax and Valium and anabolic steroids, can bring third-degree felony charges with up to 5 years in prison and $5,000 in fines.
  • Marijuana charges are based on weight. Possession with Intent to Distribute may be a third-degree felony if intent to distribute is proven with 100 pounds or less. Possession of marijuana over 100 pounds can bring a second-degree felony.

What factors can enhance the penalties for possession with intent to distribute?

When being charged with Possession with Intent to Distribute, certain factors can lead to harsher penalties, including:

  • Drug-Free Zone Violations – distributing near schools, churches, parks, or playgrounds,
  • Firearm Possession – having a weapon at the time of the offense
  • Criminal Enterprise Involvement – charges may escalate if linked to gang or cartel activity
  • Distribution to Minors – selling or providing drugs to individuals under 18

What should I do if I’m facing possession with intent to distribute charges in Utah?

Whether you are facing charges for distributing marijuana, prescription drugs, or more serious controlled substances, our legal team understands the complexities of drug-related cases. We are committed to protecting your rights, ensuring your side of the story is heard, and building a strong defense on your behalf. Protect your future with a strong defense team by your side.

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Katie Filler helped me with my case, she didn’t accept the first plea deal as she knew she could do better for me. She’s very professional, and very knowledgeable. I give her and her firm a 10/10.

—Octavia

Protect Your Future with a Strong Defense Attorney

Facing drug charges in Utah? We are here to carefully examine every detail of your case and protect your future. Schedule a free, confidential consultation today.

Frequently Asked Questions

What substances can lead to possession with intent to distribute charges?

In Utah, possession with intent to distribute can apply to a wide range of controlled substances, not just hard drugs like methamphetamine, cocaine, or heroin. It can also include marijuana (especially in large quantities), prescription medications without a valid prescription (like opioids or stimulants), LSD, and other regulated substances.

Yes, you can be charged with possession with intent to distribute even if you never sold drugs. Prosecutors only need to prove that you intended to distribute the drugs, which can be inferred from things like large quantities, packaging materials, scales, large amounts of cash, or communication indicating plans to sell.

Our initial consultation for drug charges is free and gives us an opportunity to meet and discuss your case. After the initial consultation, we will discuss what to expect regarding cost and time based on the individual details of your case.

Schedule a Free Criminal Defense Consultation

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Experienced Criminal Defense Attorneys in Utah

Katie M. Filler

Katie is a seasoned trial attorney who has defended clients accused of drug possession, domestic violence, sexual offenses, and murder.

Steven L. Grayson

Steven believes a successful law practice requires a blend of scientific analysis, strategic thinking, and strong interpersonal skills.

Cory A. Caldwell

Cory has experience in numerous areas, including real estate, construction defect, constitutional law, and family law.

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