Heroin addiction can be damaging, physically, emotionally, and financially. And with films and TV series glorifying the inner workings of the drug trade or drug use by artists and musicians, heroin remains an evocative and controversial drug. And although social attitudes, and some state drug statutes, might be more relaxed when it comes to some recreational drug use, heroin possession and sale remains illegal under both federal and Beehive State drug laws. This is an introduction to heroin laws in Utah.
Heroin Laws in Utah
Heroin is listed as a Schedule I narcotic under federal drug regulations, meaning law enforcement authorities can prosecute heroin possession, sale, and trafficking. The particulars of state heroin laws can vary, however, in terms of the possible penalties. For example, a conviction for selling heroin in Utah may mean 15 years in prison and $10,000 in fines. Even just possessing heroin could result in a 5-year prison term, depending on the amount and whether a person has prior drug convictions. The table below lists Utah's heroin statutes.
Code Section
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Utah Code 58-37, et. seq.: Utah Controlled Substances Act
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Possession
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3rd degree felony; Subsequent offense: one degree greater penalty than provided
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Sale
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2nd degree felony; Subsequent offense: 1st degree felony; Within 1000 ft. of school or sale to a minor: one degree higher than provided except 1st degree felony is 5 yrs. mandatory
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Trafficking
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-
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While some states have legalized recreational drug use for marijuana, heroin remains a controlled substance under federal narcotics laws. Federal drug statutes can prohibit everything from simple possession of heroin all the way up to manufacturing and cultivation and heroin trafficking and distribution. Federal drug crime penalties can be especially severe if you are found guilty of possession or sale of heroin across state lines. Some state jurisdictions, however, have begun assigning drug charges to specialized “drug courts” that can allow defendants to commit to a drug treatment program instead of a lengthy jail sentence. The state’s criminal court system runs Drug Courts in Utah.
Related Resources for Utah Heroin Laws
Drug charges, and drug addiction, should be taken seriously. If you think you or someone you know may have a drug or substance abuse problem, Utah's Division of Substance Abuse and Mental Health has resources that can help. If you would like legal assistance regarding a drug crime matter, you can consult with a Utah drug crime attorney. You can also find additional articles and information by visiting FindLaw's section on Drug Charges.