What Are the Penalties for Drug Possession in Utah?

 Posted on August 25, 2026 in Drug crimes

Penalties for drug possession in Utah vary depending on the type of substance, the amount in some cases, and a person's prior convictions. Simple possession can range from a Class B misdemeanor to a second-degree felony under current Utah law.

If you're facing this type of charge in 2026, our Davis County, UT criminal defense lawyers can help you understand what you're up against and build a strong defense.

How Does Utah Classify Controlled Substances?

Under Utah Code Section 58-37-108, controlled substances are organized into five schedules. The schedule of the substance can affect the severity of a possession charge.

Under Utah Code § 76-18-207, it is illegal to knowingly possess or use a controlled substance unless it is legally authorized, such as through a valid prescription. Penalties depend on the drug, the amount, and prior convictions. Charges can range from a Class B misdemeanor to a second-degree felony.

What Determines the Severity of a Drug Possession Charge?

Several factors work together to determine how a possession charge gets classified in Utah. Common factors include the specific schedule of the substance involved and the total quantity found in your possession. Whether you have any prior drug-related convictions on your record matters too.

What Are the Penalty Ranges for Different Possession Charges?

Under Section 76-18-207, drug possession penalties depend on the type of substance, the amount involved, and a person’s prior convictions. The statute divides possession offenses into several levels.

Class B Misdemeanor

Possession is generally a Class B misdemeanor when none of the more serious classifications in the statute apply. This can include possession of marijuana weighing less than 100 pounds. A Class B misdemeanor can carry up to six months in jail and a fine of up to $1,000.

Class A Misdemeanor

Possession of a Schedule I or II controlled substance other than marijuana is generally a Class A misdemeanor for a first or second conviction. It can also apply to certain repeat possession offenses that would otherwise be Class B misdemeanors. A Class A misdemeanor can carry up to 364 days in jail and a fine of up to $2,500.

Third-Degree Felony

Possessing a Schedule I or II drug (other than marijuana) can become a third-degree felony if you have repeat convictions. This usually happens when it's your third offense or more, and the earlier convictions happened within the seven-year window set by the law. A third-degree felony can carry up to five years in prison and a fine of up to $5,000.

Second-Degree Felony

Possession of 100 pounds or more of marijuana is a second-degree felony. Certain penalty enhancements under Utah Code Section 76-18-207 can also raise a possession offense to this level.

A second-degree felony can carry one to 15 years in prison and a fine of up to $10,000. Under Section 76-18-207, penalty enhancements cannot increase a possession offense beyond a second-degree felony.

What Defenses Are Available for a Drug Possession Charge?

Several defense strategies may apply depending on the specific facts of your case. Common defenses include:

• Challenging whether the search that led to the discovery of the substance was legal
• Questioning whether the substance was properly tested and identified
• Disputing whether you actually knew about or had control over the substance
• Presenting evidence that the substance belonged to someone else
• Challenging the chain of custody of the evidence after it was seized

A thorough review of how the evidence was gathered and handled often reveals weaknesses in the state's case that aren't immediately obvious.

Does Location Affect Drug Possession Penalties in Utah?

Being near a school, church, or another protected location does not by itself increase the penalty for simple drug possession under Section 76-18-207.

Location can affect penalties for other drug crimes, such as distributing drugs or possessing drugs with intent to distribute. If prosecutors accuse you of one of these offenses, where the alleged conduct occurred may become important.

Schedule Your Free Consultation With Our Salt Lake City Drug Possession Defense Attorneys

Attorney Joseph Rupp is a retired U.S. Marine Corps officer, bringing the discipline and strategic mindset developed through his military service to every case he handles. He understands how much is at stake for clients facing drug charges. Contact Collins Rupp, P.C. at 385-777-2753 to talk to our Davis County criminal defense lawyers today.