Utah criminal charge
Unlawfully possessing a controlled substance or counterfeit substance with intent to distribute in Utah
Unlawfully possessing a controlled substance or counterfeit substance with intent to distribute is a criminal offense under Utah law, defined by Utah Code Ann. § 76-18-210. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-18-210.
What is the penalty for unlawfully possessing a controlled substance or counterfeit substance with intent to distribute in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Schedule I or II (not marijuana), controlled substance analog, or GHB — first offense — The substance is a Schedule I or II substance (excluding marijuana), a counterfeit of such, a controlled substance analog, or gammahydroxybutyric acid listed in Schedule III.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Schedule I or II (not marijuana), controlled substance analog, or GHB — first offense — The substance is a Schedule I or II substance (excluding marijuana), a counterfeit of such, a controlled substance analog, or gammahydroxybutyric acid listed in Schedule III.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Schedule III or IV, marijuana, or substance listed in 58-37-109 — first offense — The substance is a Schedule III or IV substance or counterfeit thereof, marijuana, or a substance listed in Section 58-37-109.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Schedule III or IV, marijuana, or substance listed in 58-37-109 — first offense — The substance is a Schedule III or IV substance or counterfeit thereof, marijuana, or a substance listed in Section 58-37-109.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Schedule V substance — first offense — The substance is a Schedule V substance or counterfeit thereof.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Schedule V substance — first offense — The substance is a Schedule V substance or counterfeit thereof.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Schedule I or II, analog, or GHB — second or subsequent conviction — A second or subsequent conviction under Subsection (3)(a)(i).; indeterminate prison term of not less than five years and which may be for life, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Schedule I or II, analog, or GHB — second or subsequent conviction — A second or subsequent conviction under Subsection (3)(a)(i).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Schedule III or IV, marijuana, or 58-37-109 substance — second or subsequent conviction — A second or subsequent conviction under Subsection (3)(a)(ii).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Schedule III or IV, marijuana, or 58-37-109 substance — second or subsequent conviction — A second or subsequent conviction under Subsection (3)(a)(ii).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Schedule V substance — second or subsequent conviction — A second or subsequent conviction under Subsection (3)(a)(iii).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Schedule V substance — second or subsequent conviction — A second or subsequent conviction under Subsection (3)(a)(iii).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is unlawfully possessing a controlled substance or counterfeit substance with intent to distribute classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Schedule I or II (not marijuana), controlled substance analog, or GHB — first offense | Second Degree Felony | The substance is a Schedule I or II substance (excluding marijuana), a counterfeit of such, a controlled substance analog, or gammahydroxybutyric acid listed in Schedule III. | Utah Code Ann. § 76-18-210(3)(a)(i) |
| Schedule III or IV, marijuana, or substance listed in 58-37-109 — first offense | Third Degree Felony | The substance is a Schedule III or IV substance or counterfeit thereof, marijuana, or a substance listed in Section 58-37-109. | Utah Code Ann. § 76-18-210(3)(a)(ii) |
| Schedule V substance — first offense | Class A Misdemeanor | The substance is a Schedule V substance or counterfeit thereof. | Utah Code Ann. § 76-18-210(3)(a)(iii) |
| Schedule I or II, analog, or GHB — second or subsequent conviction | First Degree Felony | A second or subsequent conviction under Subsection (3)(a)(i). | Utah Code Ann. § 76-18-210(3)(b)(i) |
| Schedule III or IV, marijuana, or 58-37-109 substance — second or subsequent conviction | Second Degree Felony | A second or subsequent conviction under Subsection (3)(a)(ii). | Utah Code Ann. § 76-18-210(3)(b)(ii) |
| Schedule V substance — second or subsequent conviction | Third Degree Felony | A second or subsequent conviction under Subsection (3)(a)(iii). | Utah Code Ann. § 76-18-210(3)(b)(iii) |
Common questions about unlawfully possessing a controlled substance or counterfeit substance with intent to distribute in Utah
Is unlawfully possessing a controlled substance or counterfeit substance with intent to distribute a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawfully possessing a controlled substance or counterfeit substance with intent to distribute ranges from a Class A Misdemeanor to a First Degree Felony in Utah under Utah Code Ann. § 76-18-210.
Schedule I or II (not marijuana), controlled substance analog, or GHB — first offense: Second Degree Felony (Utah Code Ann. § 76-18-210(3)(a)(i)) · Schedule III or IV, marijuana, or substance listed in 58-37-109 — first offense: Third Degree Felony (Utah Code Ann. § 76-18-210(3)(a)(ii)) · Schedule V substance — first offense: Class A Misdemeanor (Utah Code Ann. § 76-18-210(3)(a)(iii)) · Schedule I or II, analog, or GHB — second or subsequent conviction: First Degree Felony (Utah Code Ann. § 76-18-210(3)(b)(i)) · Schedule III or IV, marijuana, or 58-37-109 substance — second or subsequent conviction: Second Degree Felony (Utah Code Ann. § 76-18-210(3)(b)(ii)) · Schedule V substance — second or subsequent conviction: Third Degree Felony (Utah Code Ann. § 76-18-210(3)(b)(iii))
What are the penalties for unlawfully possessing a controlled substance or counterfeit substance with intent to distribute in Utah?
Penalties for unlawfully possessing a controlled substance or counterfeit substance with intent to distribute in Utah depend on how it is classified — from a Class A Misdemeanor up to a First Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers unlawfully possessing a controlled substance or counterfeit substance with intent to distribute?
Unlawfully possessing a controlled substance or counterfeit substance with intent to distribute is governed by Utah Code Ann. § 76-18-210 (Unlawfully possessing a controlled substance or counterfeit substance with intent to distribute).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.