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Drug Crimes: Cocaine Possession


Drug Crimes: Cocaine Possession (in a Restricted Area)

Cocaine Possession in a Restricted Area - Drug Crimes - Attorneys

Cocaine:

Cocaine (benzoylmethylecgonine) is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. It is a stimulant, an appetite suppressant, and a topical anesthetic. Cocaine is the second most popular illegal recreational drug in the United States (behind marijuana). Because of the extensive processing it undergoes during preparation, cocaine is generally treated as a 'hard drug', with severe penalties for possession and trafficking. It is illegal to possess, grow, or distribute cocaine for non-medicinal and non-government-sanctioned purposes in almost every country.

Cocaine Possession

(in a Restricted Area)

Utah Code §58-37-8(2)(b)(ii) and §58-37-8(4)

Degree

2nd degree felony.

Elements

A defendant commits a 2nd degree felony possession of cocaine, in a restricted area, when they knowingly and intentionally possess or use a cocaine analog or cocaine and defendant is found in a restricted area, unless it was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the person's professional practice.

Fine

2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))

Firearms

A defendant convicted of a 2nd degree felony cocaine possession may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)

DNA Specimen Analysis

A defendant convicted of a 2nd degree felony cocaine possession must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Driver License

Utah's Driver License Division will immediately suspend for 6 months the license of a person upon receiving a record of a conviction for possession of cocaine.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

Possession of cocaine subjects the defendant seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act. This means that defendant's car, land, house, belongings, and money can be seized by the State of Utah.
(Utah Code Ann. §58-37-13)


Other Criminal Charges

Learn more about crimes related to Cocaine Possession. If you have any questions, please feel free to call our office at (801) 505-1586.

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Cocaine Possession