Utah criminal charge
Unlawfully possessing or using a controlled substance or controlled substance analog in Utah
Unlawfully possessing or using a controlled substance or controlled substance analog is a criminal offense under Utah law, defined by Utah Code Ann. § 76-18-207. 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. § 76-18-207.
What is the penalty for unlawfully possessing or using a controlled substance or controlled substance analog in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 15 years (Marijuana 100 pounds or more — The substance is marijuana and the amount is 100 pounds or more.; 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 (Marijuana 100 pounds or more — The substance is marijuana and the amount is 100 pounds or more.; 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 6 months (Default classification - marijuana or listed substance not otherwise qualifying — The violation does not qualify under Subsection (3)(a), (b), or (c), including possession or use of a substance listed in Section 58-37-109 or marijuana.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Default classification - marijuana or listed substance not otherwise qualifying — The violation does not qualify under Subsection (3)(a), (b), or (c), including possession or use of a substance listed in Section 58-37-109 or marijuana.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is unlawfully possessing or using a controlled substance or controlled substance analog classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Marijuana 100 pounds or more | Second Degree Felony | The substance is marijuana and the amount is 100 pounds or more. | Utah Code Ann. § 76-18-207(3)(a) |
| Default classification - marijuana or listed substance not otherwise qualifying | Class B Misdemeanor | The violation does not qualify under Subsection (3)(a), (b), or (c), including possession or use of a substance listed in Section 58-37-109 or marijuana. | Utah Code Ann. § 76-18-207(3)(d) |
Common questions about unlawfully possessing or using a controlled substance or controlled substance analog in Utah
Is unlawfully possessing or using a controlled substance or controlled substance analog a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawfully possessing or using a controlled substance or controlled substance analog ranges from a Class B Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-18-207.
Marijuana 100 pounds or more: Second Degree Felony (Utah Code Ann. § 76-18-207(3)(a)) · Default classification - marijuana or listed substance not otherwise qualifying: Class B Misdemeanor (Utah Code Ann. § 76-18-207(3)(d))
What are the penalties for unlawfully possessing or using a controlled substance or controlled substance analog in Utah?
Penalties for unlawfully possessing or using a controlled substance or controlled substance analog in Utah depend on how it is classified — from a Class B Misdemeanor up to a Second 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 or using a controlled substance or controlled substance analog?
Unlawfully possessing or using a controlled substance or controlled substance analog is governed by Utah Code Ann. § 76-18-207 (Unlawfully possessing or using a controlled substance or controlled substance analog).
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.