Drug Possession in Utah County
Simple possession charges, defended by an attorney who spent years deciding which of these cases prosecutors actually wanted to pursue.
If you were just cited or arrested for drug possession anywhere in Utah County, call (435) 294-6806 and say it's urgent. Same-day callbacks for time-sensitive matters.
Drug possession is the single most common drug charge Dallin sees walk through the door — and also the one where people tend to overestimate how bad their situation is. Utah significantly softened its possession penalties in 2015, and a first or second simple possession charge today looks very different than it did a decade ago. That doesn't mean it isn't serious. It means the outcome depends heavily on how the case is handled from the first court date forward.
What Utah law actually says
Possession offenses in Utah fall under Utah Code § 58-37-8, the Utah Controlled Substances Act. The statute divides controlled substances into five schedules, with Schedule I and II substances — methamphetamine, cocaine, heroin, and similar drugs — treated most seriously. Since the Justice Reinvestment Initiative reforms took effect, a first or second conviction for simple possession of a Schedule I or II substance is a class A misdemeanor, not a felony. A third or subsequent conviction within seven years of a prior offense is where it becomes a third-degree felony. Possession of marijuana or a Schedule III, IV, or V substance is generally charged as a class B misdemeanor.
What a possession conviction costs you
A class A misdemeanor carries up to a year in jail and a fine of up to $2,500; a class B misdemeanor carries up to six months and a smaller fine. But the jail exposure is often the least of it — a drug conviction can affect professional licensing, federal financial aid eligibility, housing applications, and immigration status, depending on your situation. Utah law also allows a person convicted of a possession offense to keep their driver's license if they enroll in a substance abuse treatment program, which is one of several details worth knowing about before you walk into court.
Common defenses
Possession cases live or die on a few specific questions: was the stop or search that led to finding the drugs actually lawful, can the state prove you knew what the substance was and that you had control over it, and was the chain of custody on the evidence handled correctly from the scene to the lab. Simply being present where drugs are found isn't enough to convict someone — the state has to connect the person to the substance, not just the room or the vehicle. Dallin's prosecutorial background means he knows which of these arguments actually move a case and which ones sound good but rarely change an outcome.
Plea in abeyance for possession charges
Unlike DUI, many possession charges are genuinely good candidates for Utah's plea-in-abeyance program — an agreement where the charge can be dismissed entirely after a period of compliance, often including drug testing or a treatment class. It's not automatic and not appropriate in every case, but for a first-time possession charge with no aggravating facts, it's one of the strongest tools available. Read the Plea in Abeyance explainer →
How to get in touch
If you're facing a drug possession charge in Utah County, call (435) 294-6806 or email Assistant@LittlefieldLegal.com to schedule a free 30-minute consultation.
Possession questions.
Is drug possession a felony in Utah?
Not usually, for a first or second offense. Since Utah's 2015 reforms, simple possession of a Schedule I or II substance for personal use is a class A misdemeanor for a first or second conviction. It only becomes a third-degree felony on a third or later conviction within seven years.
What is the penalty for marijuana possession in Utah?
Possession of marijuana in an amount under 100 pounds is generally a class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. Amounts of 100 pounds or more are treated as a second-degree felony, which typically reflects distribution-level quantities rather than personal use.
Can a drug possession charge be dismissed in Utah?
It depends on the facts — how the drugs were found, whether the stop or search was lawful, and whether the state can prove you knowingly possessed the substance. Many possession cases are also eligible for plea in abeyance, which can lead to a full dismissal after a period of compliance.
Does a drug possession conviction show up on background checks?
Yes, unless and until it's expunged. Utah's Clean Slate law automatically expunges certain lower-level drug convictions after enough time has passed with no new offenses, and others can qualify for a manual expungement petition.
Charged with possession? Talk it through.
The first 30 minutes are free. We'll walk through the charge, what's realistic, and what happens next.
Related: Drug Distribution & Trafficking · DUI Defense · Expungement