Top Utah Marijuana Possession Lawyer

Top Utah Marijuana Possession Lawyer

Top Utah Marijuana Possession Lawyer Explains Why You Can Be Cited for Marijuana Possession Without Owning it or Even Bringing it into the State – How I Can Help..


Well as promised Aric Cramer, attorney at law. Southern Utah’s primarily where I practice anywhere in Utah really and also I am licensed in a number of federal jurisdictions including the United States Supreme Court. I promised you guys I would talk to you some about Utah marijuana possession. See it’s still legal to say it here but that’s about the extent. You’re not going to get much farther than that.

Let’s talk a little bit about what possession is in the minds of law enforcement here in Utah. Possession of marijuana in Utah means by golly if it’s close enough for you to throw a rock at, you’re in possession. A lot of folks drive through in a car and someone in the front seat has it in their pocket or it’s in the trunk, guess what? That’s still possession. You can’t go to court and say “Well you know it was on my buddy Fred it’s his stuff.” They’re going to say “No guess what? You’re in Utah, welcome and here’s your citation.”

Utah Marijuana Possession LawyerConstructive possession means essentially, you’ve got to treat marijuana as if it is uranium 238 and is so radioactive that anybody literally within 50 feet is going to be considered in possession of that marijuana. So if you go to somebody’s house and they’re having a party and someone in the bedroom lights up and doing a little puff, puff, pass, cops come knocking at your door, guess what? Everybody gets a citation. It’s going to be a real party then. Understand that in the mind of Utah law enforcement and in the mind of the Utah legislature it is anywhere around you, marijuana is yours. You are the new winner, everybody gets a ticket just like Oprah. Everybody gets a ticket, look under your chair everybody gets a ticket. So be careful if you’re around and you got to be careful whose car you get into.

If it’s in someone’s car … We have folks that catch a ride with their buddies buddy and they get stopped and guess what? Everybody gets a ticket, everybody’s in possession. Now I have folks come driving through all the time because guess what? In Utah, we’re a little island in a sea of marijuana all around us is what I’m trying to say. We have folks coming over from Colorado, coming from Nevada, coming from California, coming from Arizona, coming from a number of states where it’s legal in one form or another. Colorado it’s legal to have just almost as much as you can push in your pockets.

Medical Marijuana Possession in Utah

Medical marijuana is the, you know it really … Boy I don’t even know how to get into it without getting upset. Basically I understand and most people outside of Utah understand, there are serious chronic pain, injuries, serious medical issues that you have to have and it’s a God send for people who are really suffering and you may have the most valid, you may have a medical card from the Mayo Clinic, it doesn’t matter in Utah. They don’t recognize or allow medical marijuana possession at all. If you think well I’ve got my prescription and I’m just driving through, I’m driving from Colorado down to Vegas or Colorado to California, you’re going to have to just ship it or just don’t drive through Utah with it. It’s just not legal no matter how legal it is where you pick it up. Just think of Utah like North Korea without the nukes. You could have something that’s perfectly legal in South Korea, you walk across that demilitarized zone and you go into North Korea guess what? There’s nothing legal. Utah, there’s nothing legal here. Nothing. So don’t bring it with you even if you have your card, you can whip it out and say “Hey look cop I got my card, woo hoo, I got my medical card. Free pass right?” No, that is the monopoly portion of go to jail, go directly to jail, do not pass go. So medical marijuana aint gonna cut it here.

Every year Utah tries to pass a medical marijuana bill and guess what? If you’re familiar with Utah at all, the Utah state capitol is literally three blocks away from Mormon church headquarters and that is the amount of separation of state and church in Utah, three blocks. They got real close to passing it a couple years ago and then somebody at the church headquarters said “You know we’re really not that keen on that medical marijuana stuff” so guess what? That thing died faster than an ice cube on a St. George day it just evaporated. It’s not ever going to happen here. Despite everybody’s best efforts Utah has no gambling, never will, Utah has no medical marijuana, never will.

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Cautions About Driving through Utah – Even When You Remember to Leave it at Home

Now again if you’re driving through be very, very careful. Again, if there’s any way that you just have to have your medical marijuana with you and you have to get somewhere where you kind of have to drive through Utah to get where you’re going, just go around. I mean I know it’s a pain but you just got to go around. Either that or make sure you leave it where you left it and just get some when you get where you’re going.

Now also in driving through, be careful that you haven’t just pulled up to the border lit up a big ‘ol bowl and got a good solid buzz going before you cross into that demilitarized zone, design curtain into Utah. Because here in Utah there’s a special rule for officers, it’s called the plain sniff doctrine. So what a cops going to do is he’s going to pull you over and probably right here in St. George three or four miles over the border for speeding because you got plates from California, you got plates from Nevada, you got plates from Colorado, there going to find a reason to pull you over. If you did that “You know I’m going to smoke the rest of it all up before I go into Utah” that officers going to be, you know those plates my odds are there’s something in there, he can or she can find a reason to pull you over.

You know cops are like this nationwide it really doesn’t matter, they can find a reason to pull you over if they think they want to. You don’t signal for three seconds before you change lanes, boom off you go and the trooper comes up to your car and you roll down the window and he says “I smell marijuana please get out of the car” if you haven’t taken my advice and there’s some marijuana in the car, the cops just going to toss it, he’s going to say “I’ve got probable cause I’m searching your car” whether you want him to or not, they’re just going to toss the car and if you have some, they’re going to cite you for it and again off to jail you go.

Marijuana in UtahIf you did smoke that big ‘ol bowl before you came over the border he’s going to say “You know what I smell marijuana on you, I can’t find any in your car but I know you’ve been smoking.” And you know what it’s illegal to even have any metabolite in your system. You can’t have any metabolite, zero, so you get a special gift called a DUI metabolite. So don’t just pull up to the border, smoke it all and then try to cross, don’t smoke any at all before you come across the border okay, you’re just going to have to time it.

Now let’s talk just for a minute about metabolite, we’ll talk about DUI’s later but I want you to understand metabolite. Anybody who smokes a little bit or is familiar with it, you smoke a little marijuana, two or three days ago, you’re not high anymore two or three days later but there’s still metabolite in your system. There is still … Essentially it’s bong water, still there’s the trash in your blood system and it just doesn’t get out of your system for about 30 days. So if you make the mistake of driving through with your out-of-state plates, you get stopped, the cop says “Well I think I smell marijuana,” and he tosses your car and you listened to me and you didn’t bring any with you, and he says “Well I thought I smelled something but you haven’t been smoking have you?” And you say “Oh no officer I know Utah won’t allow me to smoke. The last time I smoked was a week ago,” guess what? You get a DUI metabolite because if there is any THC, even the non active THC in your blood system, you are DUI in Utah and you’ll lose your license driving privileges in the state of Utah.

Visiting Zion National Park and Marijuana Possession

Also, just a little side on penalties, and we’ll go into this in a later video, penalties for possession of marijuana in Utah, penalties for any drug possession, have effects on your license, they’re called collateral consequences. If you go to Zion National Park have a good time, smoke a little joint, get caught, okay you just pay the fine we’ll let you go. You pay the fine and they put possession of marijuana on your record in Utah, little B misdemeanor, no jail, no anything, you just pay a fine, you think oh I’m fine, well guess what? Utah drivers license division will pick that up and they will suspend your Utah driving privilege for six months.

Now you may say, well I don’t care I’m never coming to Utah again I’ve seen Zion National Park, I’m never coming back. Well yeah you’re not coming back but guess what? Your Utah driving privilege gets suspended for six months for every drug conviction. Then they put it on what’s called the interstate compact and you’ll get a letter from your drivers license division saying you know what you got your driving privilege suspended in Utah for six months and in full and credit of the United States, we’re going to follow our sister states advice and we’re suspending your license here for six months. So be very, very careful. Be very, very careful here.

What is normal, legal and medically approved where you’re at, anything to do with marijuana, is not approved, legal or permitted here in Utah.

So bottom line if you get in trouble call me. If I can’t help you or you’re too far away from me to financially help you, I’ll get you to one of my friends who can help you. You can always look me up. I have a website Aric with an A, Cramer with a C, take a look, send me an email, either through Facebook or [email protected] happy to help.

If you want to contribute to a group of attorneys who are trying very hard to protect you, trying to very hard to keep these laws under control, feel free to donate to Utah Association of Criminal Defense Lawyers or the National Organization NACDL National Association of Criminal Defense Attorneys You can go and donate to our 501c6 I think it’s at NACDL, our 501C3 at UACDL, help train us. Help to help us get the legislature to ease up on these laws both nationally and locally and we’ll talk about the legislator another day legislature both the state and federal. I have to take a big ‘ol legal something to not get too pumped up when I talk about those guys. I get real emotional but I guess emotion sells. I’ll be like one of those crazy guys on their own podcast that scream and shout at you. So that’s upcoming.

Please give me a call or an email – I’ve helped thousands of clients, I can help you too.

For Help, Call Me at: Telephone: (435) 627-1565

No Matter Where You Live, I Can Help Remotely.  Free Call to Discuss Your Situation.