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Archive for utah drug crimes

Drug Court Policy Change

The Federal Government just announced a new change in policy surrounding federally assisted drug courts, this change guarantees drug court defendants the ability to receive medication based treatments for opioid addiction. Across the country many drug courts, which give defendants the opportunity to defer and reduce sentences and get treatment, have refused to allow defendants access to medications that can treat addiction. Specifically a medication called suboxone, a semi-synthetic opioid which prevents overdosing, neutralizes cravings, and, when used properly is not intoxicating.

 

This action by the White House’s Office of National Drug Control Policy guarantees that defendants in drug courts that are federally supported have access to these medications, and will not be required to go off of them until instructed to do so by a physician treating them. Meaning that a judge cannot order a drug court defendant to discontinue their use of treatment medications. Read More→

Possession of Controlled Substances in Utah

Last week, the Drug Enforcement Agency conducted a surprise investigation on numerous NFL franchises including the defending Super Bowl champions the Seattle Seahawks. An anonymous source told ESPN, “the inspections were motivated by allegations raised in a May 2014 federal lawsuit, filed on behalf of several prominent NFL players, who allege team physicians and trainers routinely gave them painkillers in an illegal manner to mask injuries and keep them on the field.” Law enforcement officials have stated that the focus of this investigation is determining if there has been any improper practice on the part of the medical staff of all 32 NFL teams, specifically distributing medications without prescriptions, medications without labels, and the dispensation of prescription drugs by trainers instead of doctors. This investigation is proof that no matter how rich and powerful a person or institution is, they are not above the law.

 

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Drug Crimes and Minimum Mandatory Sentences

Eric Holder, United States Attorney General, has announced that the Justice Department will make sweeping changes to minimum mandatory sentences as applied to low level and non-violent drug offenders

As a member of the defense community I am hopeful that there will be a large shift in policies at the local levels and that sentences in these cases will immediately be affected by the sweeping changes. Read More→

Utah Marijuana Laws: Pot and Medical Card Issues

Most people know, Utah marijuana laws do not allow marijuana use under any circumstances. For those that are not aware, marijuana (THC) or its metabolite can stay in a person’s system for as long as 30 days. This depends on use and other factors such as weight and activity level.

With Utah flanked by States that have medical marijuana cards, this is creating some interesting legal issues. If you are in Colorado and legally smoke marijuana and then drive through Utah two weeks later, you could possibly get a DUI for having a measurable amount of marijuana metabolite in your system.

A prosecutor does not need to prove that you smoked marijuana or possessed marijuana in Utah. They only need to prove via a urine or blood test that you have marijuana (THC) or its metabolite in your system.

Similarly, you cannot drive through Utah with any marijuana Read More→