Utah criminal charge
Unlawfully allowing possession, use, or distribution of a controlled substance on the premises in Utah
Unlawfully allowing possession, use, or distribution of a controlled substance on the premises is a criminal offense under Utah law, defined by Utah Code Ann. § 76-18-212. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-18-212.
What is the penalty for unlawfully allowing possession, use, or distribution of a controlled substance on the premises in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (First conviction — Applies to a first conviction for violating Subsection (2), absent the prior-conviction enhancement under (3)(b).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (First conviction — Applies to a first conviction for violating Subsection (2), absent the prior-conviction enhancement under (3)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Second conviction — Applies to a second conviction for violating Subsection (2), absent the prior-conviction enhancement under (3)(b).; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Second conviction — Applies to a second conviction for violating Subsection (2), absent the prior-conviction enhancement under (3)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Third or subsequent conviction — Applies to a third or subsequent conviction for violating Subsection (2), absent the prior-conviction enhancement under (3)(b).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Third or subsequent conviction — Applies to a third or subsequent conviction for violating Subsection (2), absent the prior-conviction enhancement under (3)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is unlawfully allowing possession, use, or distribution of a controlled substance on the premises classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First conviction | Class B Misdemeanor | Applies to a first conviction for violating Subsection (2), absent the prior-conviction enhancement under (3)(b). | Utah Code Ann. § 76-18-212(3)(a)(i) |
| Second conviction | Class A Misdemeanor | Applies to a second conviction for violating Subsection (2), absent the prior-conviction enhancement under (3)(b). | Utah Code Ann. § 76-18-212(3)(a)(ii) |
| Third or subsequent conviction | Third Degree Felony | Applies to a third or subsequent conviction for violating Subsection (2), absent the prior-conviction enhancement under (3)(b). | Utah Code Ann. § 76-18-212(3)(a)(iii) |
Common questions about unlawfully allowing possession, use, or distribution of a controlled substance on the premises in Utah
Is unlawfully allowing possession, use, or distribution of a controlled substance on the premises a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawfully allowing possession, use, or distribution of a controlled substance on the premises ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-18-212.
First conviction: Class B Misdemeanor (Utah Code Ann. § 76-18-212(3)(a)(i)) · Second conviction: Class A Misdemeanor (Utah Code Ann. § 76-18-212(3)(a)(ii)) · Third or subsequent conviction: Third Degree Felony (Utah Code Ann. § 76-18-212(3)(a)(iii))
What are the penalties for unlawfully allowing possession, use, or distribution of a controlled substance on the premises in Utah?
Penalties for unlawfully allowing possession, use, or distribution of a controlled substance on the premises in Utah depend on how it is classified — from a Class B Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers unlawfully allowing possession, use, or distribution of a controlled substance on the premises?
Unlawfully allowing possession, use, or distribution of a controlled substance on the premises is governed by Utah Code Ann. § 76-18-212 (Unlawfully allowing possession, use, or distribution of a controlled substance on the premises).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.