marijuana

Am I Safe to Have an Illegal Drug in My System if I Consumed it in Another State?

Can I still get drug possession charges? Often people wonder if they can be prosecuted in Utah for having an illegal drug in their system, even if they ingested such in a different state. In words, they often ask us, “Am I safe to have an illegal drug in my system if I consumed it …

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Marijuana possession in Utah can cause you to lose your driver’s license in another state

Many argue that smoking marijuana is bad for your lungs, among other things, and such arguments have caused many Utah legislators to feel that smoking marijuana should remain illegal in the Beehive State. In fact, CBS News recently reported that “smoking marijuana irritates the airways, triggers cough and phlegm production, and could be especially dangerous …

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Court: UHP Stop Did Not Violate Drug Trafficker’s Rights

In our last post we discussed the appeal of a California man who was arrested in Utah for marijuana possession. The arrest followed a Summit County traffic stop during a saturation patrol by the Utah Highway Patrol. UHP officers heard from California officials that the marijuana crop would be harvested that November, so they decided …

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Drug Trafficker Makes Constitutional Claim After Traffic Stop

An alleged drug trafficker recently made an interesting constitutional argument while appealing his drug trafficking charges. Utah Highway Patrol officers allegedly found 105 pounds of marijuana in the man’s car after it was stopped on a rural stretch of Interstate 80 in Summit County in November of 2008. The UHP was conducting a high volume …

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Can a Person Be Convicted for Illegal Drug Possession in Utah for Simply Being Near Illegal Drugs?

We often get asked if a person can be convicted for drug possession if they were merely near the illegal drugs that were found. For example, let’s assume three friends are in a car, Joe, Cindy and Parker. They get pulled over for “swerving”. The officer claims he smells marijuana (because of his superbionic nose), …

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Can the Police Enter a Home if They Smell Burning Marijuana?

Fairly recently in State v. Duran, the Utah Supreme Court ruled that police officers who smelled the odor of burning marijuana coming from a residence were not justified in searching the residence under and “evidence-destruction” part of the “exigent-circumstances” exception to warrant requirement. In other words, sometimes that police can enter a home without a …

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