Caught with Fentanyl in Utah? Here’s What You’re Facing

 Posted on September 23, 2025 in Drug crimes

Law enforcement in Utah recently seized more than 100,000 fentanyl pills (approximately 9,500 grams) from two 19-year-olds, now charged with federal drug crimes. The Davis Metro Narcotics Strike Force had been working with the FBI since May 2025. A search warrant was obtained earlier this month, and when executed, the fentanyl pills were discovered.

The charge is possession of fentanyl with intent to distribute. If convicted, this federal offense, under Title 21 of the U.S. Code, Section 841(a)(1), has federal penalties of ten years to life in prison, and a maximum fine of $10 million.  

Utah charges the crime as a second-degree felony, with a prison sentence of up to 15 years and fines of up to $10,000. Like most of the country, Utah has seen a dramatic rise in fentanyl-related arrests and prosecutions. Fentanyl is a highly potent opioid – up to 50 times stronger than heroin.

Because of this, both the federal government and the state of Utah treat these cases with particular severity. Even small amounts can result in felony charges, substantial prison sentences, and life-altering consequences. If you are facing fentanyl charges in Utah, you must speak to a highly experienced Salt Lake City, UT criminal defense lawyer.   

Why Are Fentanyl Drug Cases Treated Differently in Utah and Federally?

Fentanyl cases are treated more harshly federally and in Utah because of the extreme potency of the drug. As a synthetic opioid, fentanyl is 50-100 times more potent than heroin or morphine; a minuscule amount can be fatal, with as little as two milligrams considered a deadly dose.

Fentanyl is currently the leading cause of fatal and non-fatal overdoses across the United States. In Utah, fentanyl was the most common drug found to be responsible for overdose deaths in 2023. Because of the number of overdoses and overdose deaths, Utah and federal prosecutors have become much more aggressive when prosecuting these cases.

Possession and Distribution of Fentanyl in Utah

Simple possession of fentanyl in the state is charged as a felony. For example, possession of less than one gram of fentanyl can be charged as a third-degree felony. The penalties for possession of fentanyl of less than one gram in Utah include up to five years in prison and a maximum fine of $5,000, although those with a prior record are likely to receive a harsher sentence.

Possession with intent to distribute is considered a much more severe felony, often charged as a second-degree felony, or even a first-degree felony, depending on the circumstances. Aggravating factors that can influence sentencing include distribution of fentanyl in "drug-free zones," such as schools, churches, or parks, large quantities of the drug, or involvement of minors.

Potential Defenses to Fentanyl Drug Charges in Utah

There are many potential defenses that a criminal defense attorney may raise at trial, including:

Challenging the Elements of the Crime

• The defendant was unaware that fentanyl was present because the drugs were found in a shared space.
• There was no intent to possess or distribute fentanyl.
• Possession of the drug can be challenged using the actual vs. constructive possession argument.

Constitutional Violations

• The evidence was obtained via an unlawful search and seizure.
• The defendant’s Miranda rights were violated.
• The defendant’s statements were coerced.

Affirmative Defense

An affirmative defense means the defendant admits to having the drug, but offers legal justification, such as:

• Entrapment
• Duress
• Innocent possession
• The defendant was seeking medical assistance for an overdose

Contact a Davis County, UT Drug Crimes Attorney

Since fentanyl drug charges in Utah carry some of the toughest penalties in the state – even for first-time offenders – it is extremely important to speak to a knowledgeable Salt Lake City, UT criminal defense lawyer from Collins Rupp, P.C. as quickly as possible following your charges. Attorney Collins began his career in the auto industry before attending law school, and Attorney Rupp is a retired U.S. Marine Corps officer. Call 385-777-2753 to schedule your free consultation.