https://pixabay.com/photos/canabis-marijuana-bumps-marijuana-8054140/
Marijuana legalization is still evolving across the U.S. The laws and consequences of being caught with marijuana can vary from one state to another. In Utah, the marijuana laws are strict, as it’s still considered an illegal drug, even for recreational use. The state has strict penalties for anyone found guilty of carrying weed. However, what happens if a minor is caught with weed?
Overview of Utah Laws for Weed
Utah has not followed other states in relaxing its stance on marijuana use. While medical marijuana is legal under specific conditions, any other type of use is illegal. Medical use also has limitations. You can only acquire it from approved dispensaries, and there are restrictions on how much you can buy.
In Utah, weed is considered a Schedule I controlled substance. This means it’s considered a drug with a high potential for abuse. If you are found possessing marijuana without a patient card, you can face a class A misdemeanor, which can lead to jail time and hefty fines. The charges can depend on many factors, including the quantity of marijuana found and the prior record of the suspect.
For minors, the Utah marijuana laws are even stricter. If a minor is caught with weed, the consequences can be severe, affecting not only their record but also their future opportunities. A minor with qualified medical conditions can legally obtain a permit that allows them to use marijuana for health-related purposes. However, medical marijuana use for minors is less common and also has strict restrictions on how it can be used.
Legal Consequences for Minors
One of the most common legal consequences for a minor found in possession of marijuana is juvenile detention. The law enforcement authorities may take the minor into custody and place them in a juvenile detention center. The detention period can vary depending on several factors. Typically, repeat offenders can expect to stay longer in detention. The minor will then be referred to juvenile court, where there can be a series of legal proceedings, such as arraignment and a potential trial.
In some cases, the minor would not be detained. Instead. They will be placed on probation, where they will be required to follow certain conditions such as attending educational programs, periodic drug testing, community service, and regular check-ins with their probation officer. However, if the minor cannot meet these requirements, they could face more strict legal consequences. Fines are also common in cases where a minor is found guilty of illegal possession of marijuana.
For a minor, the biggest legal repercussions of being convicted of illegal possession of weed is the long-term impact. The conviction can result in a criminal record, which might impact the education, housing, and other important aspects of the minor’s life. Many college or housing communities might view the criminal record as a red flag and deny the minor the opportunity to be part of this institution.
The minor can also suffer from depression and other mental health issues as a result of the conviction. Fortunately, you can fight weed possession charges in court. An experienced attorney can use various defenses based on the merits of the case to get some relief for the minor.
Legal Defense to Weed Charges
Facing charges for illegal possession of weed can be daunting, especially for minors. However, there are multiple legal defenses available. Since each case is unique, you should have an attorney evaluate your case to guide you on the best defense. In your initial legal consultation, you can discuss your legal options to defend against the charges. If you hire an attorney, they will do an in-depth investigation and research to determine the best course of legal action.
One of the most commonly used defenses in such cases is illegal search and seizure. This defense is based on the principle that law enforcement officials must have probable cause to conduct search and seizure. The Fourth Amendment to the U.S. Constitution protects Americans from unreasonable searches or seizures by the police. If the attorney can prove the search and seizure was illegal, they can challenge any evidence obtained from that search in court.
Another defense to such changes is to prove that the minor was not in legal possession of the weed. For example, if the weed was not in an area under the minor’s control or the minor did not know that the marijuana was present, they were not in possession of it. This defense is most common in cases where marijuana was found in a shared space, such as a vehicle or home.
Proving that the minor did not have knowledge about the weed can often be challenging. However, a criminal justice attorney can introduce reasonable doubt to get the charges reduced or dropped.
Criminal defense for possession of marijuana can get a bit complex if there is a dispute about the legal medical use of the drug. For example, if the minor has a valid marijuana card but does not meet the state requirements for its possession or use. The attorney can present a compelling argument to prove that the possession complied with Utah regulations for marijuana medical use.
In rare cases, the criminal defense strategy is to prove entrapment where the minor was pressured or manipulated by law enforcement officials into buying the weed. This type of defense is typically difficult to prove, but if there is strong evidence available, the attorney can use that to build a strong case. There are also various other defenses in such cases. Consult with an attorney to identify the specific legal strategy most suited to your case.