Most Commonly Asked Questions About Marijuana Possession Charges

Allan & Easton, Criminal Defense Attorneys

Most Commonly Asked Questions About Marijuana Possession Charges

marijuana possessionMany people wonder what to do when they are arrested on charges of possessing marijuana. It can be a confusing and terrifying process to navigate the waters of the courtroom, so here are some of the most commonly asked questions about marijuana possession charges to help ease your mind.

Can I possess marijuana in Utah?

The short answer? No. While many states like Colorado and California are drastically changing their drug laws to be more accommodating, Utah still has strict possession laws.

Am I going to lose my license?

Under Utah State law, you could lose your license. If convicted in a court of law, there is a mandatory 6-month suspension on your license. However, there are ways that an attorney can get around that, so if you’ve been arrested for possessing marijuana, give us a call so that we can help you keep your license.

Am I going to go to jail?

There is a possibility that you might. If the charge is a first offense, the likelihood of a jail sentence is slim. If the charge for marijuana possession involved a vehicle (and, through association, driving the vehicle), or if any injury was caused because of the marijuana possession, the court may decide to put you in jail. However, there’s also a possibility that they may order you to go for treatment and impose some pretty large fines. At most, you’re looking at 0-6 months in jail.

What kind of treatment should I expect?

That depends on the judge and the situation. Most commonly, however, you’re looking at a drug and alcohol assessment to include regular counselling and random drug testing. Once again, your attorney can help to reduce or change the amount of treatment you are sentenced with.

Can I go to Colorado, smoke, and then come back to Utah?

Strictly speaking, yes you could. However, marijuana stays in your system anywhere up to 30 days, and if you are caught in Utah with marijuana still metabolizing in your system, you could be arrested and charged one of two ways. The DUI Metabolite law is a Class B Misdemeanor in Utah and is similar to a normal DUI, so if you are pulled over and the officer finds out that you’ve recently smoked marijuana, he could either charge you with a regular DUI charge or he could charge you with Driving with a Measurable Controlled Substance. Basically, according to the DUI Metabolite Law, you don’t have to be under the influence of marijuana to be charged.


If you’ve found yourself charged with possessing marijuana, or just want to ask more questions, feel free to give us a call and we’ll get you on the right track.

  • Chris
    Posted at 17:53h, 10 March

    I wasnt aware of the strict legal policies in Utah. I don’t smoke, but this is a good reminder that we live in a united set of states and what may appear to be okay in one state doesn’t translate over to another state. Knowing your legal rights in each different state can be complicated but being aware that they change from state to state is something we can all do, to be better citizens.

  • Celenor Gomez
    Posted at 12:09h, 17 March

    Great article. Excellent explanation of what lawyers should do.