Victim/Witness Resources

District Attorney's Office

Victim/Witness Resources

Drug Crimes

The DA’s Office prosecutes a wide variety of drug crimes involving several different illegal and/or controlled substances. While there are a number of different laws against the possession and use of drugs, those most commonly seen by the DA’s Office include:

  • possession a controlled substance,
  • possession of a controlled or counterfeit substance with the intent to distribute,
  • distribution of a controlled or counterfeit substance,
  • intentionally using, making, or forging a prescription or written order for a controlled substance,
  • producing a controlled substance,
  • knowingly possessing drug paraphernalia with intent to introduce a controlled substance into the body,
  • engaging in or possessing materials to engage in a clandestine lab with the intent to manufacture or produce a controlled or counterfeit substance.

Sentencing

Drug crimes qualify as anything from Class C Misdemeanors to 1st Degree Felonies depending upon the circumstances of the criminal episode.  Given that Utah has an “indeterminate” sentencing system, Judges, upon conviction, can sentence defendants to anything from probation to prison according to the following schedule:

  • Class C Misdemeanor             3 months in jail and a fine.
  • Class B Misdemeanor             6 months in jail and a fine.
  • Class A Misdemeanor             1 year in jail and a fine.
  • 3rd Degree Felony                  0 to 5 years in the Utah State Prison.
  • 2nd Degree Felony                 1 to 15 years in the Utah State Prison.
  • 1st Degree Felony                   5 years to life in the Utah State Prison.

*If an issued sentence includes time in the Utah State Prison, the length of the prison time served is determined by the Board of Pardons.

Alternatives to Incarceration

The DA's Office prosecutes thousands of drug cases every year. Such a large number of cases, if prosecuted traditionally, would put an enormous strain on the criminal justice system. This has prompted the DA's Office and the State courts, as well as a number of other agencies and organizations, to explore alternative methods of prosecuting drug crimes. Those efforts focus on addressing the addictions leading to drug crimes and how to overcome those addictions. As a result, the DA's Office, in conjonction with the Utah State Courts, participates in the Drug Court program. Some of those who commit drug crimes may qualify for this program that will help give them the tools to overcome their addiction. To learn more about drug court, click here.