What kinds of charges are possible in Utah after police find illegal firearms and narcotics?
Cedar City, UT – There were news reports that police in Utah found a significant amount of guns and drugs during a search of a residence.
Police obtained warrant after smelling marijuana
Two roommates in St. George, Utah, were arrested after police discovered 19 firearms and various suspected illegal drugs during a search of their shared home [1].
The incident began on March 4 when officers on foot patrol detected the smell of burnt marijuana emanating from the backyard of the residence. They approached the occupants and requested consent to search the property and backyard, but permission was denied. Authorities then secured a search warrant to proceed.
During the execution of the warrant, officers located marijuana-related paraphernalia in the backyard, hidden inside a smoker grill. Some items were attributed to another person present at the home.
In one bedroom, the search uncovered marijuana products, plastic baggies, and a large glass container holding suspected ground psilocybin mushrooms. A similar container with the same substance was found in the other roommate’s room; that individual stated it had been received as a gift along with some pills.
A safe in the first bedroom, unlocked with a key provided by its owner, contained suspected MDMA pills (commonly known as “Molly”) and a substantial quantity of white powdery substance believed to be cocaine. Eight firearms were also recovered from that bedroom.
In the second bedroom, officers found rolled-up dollar bills in a dresser drawer—items often used for snorting narcotics—along with three bright orange pills marked with a Tesla logo. The closet yielded 11 additional firearms, an orange plastic baggie containing suspected cocaine powder, and an orange spoon with white residue that field-tested positive for cocaine.
The two individuals were taken into custody and transported to the Washington County Jail. One faced 15 charges, while the other faced 12, related to the possession of the suspected drugs and other offenses.
The discovery highlighted a significant cache of weapons alongside narcotics in a residential setting, prompting the arrests following standard investigative procedures. There were no updates regarding whether the suspects had retained a criminal defense lawyer in Utah.
What kinds of penalties do these drug and firearm charges carry under Utah law?
Under Utah law, the charges in this case—stemming from the discovery of suspected cocaine, psilocybin mushrooms (ground), MDMA (“Molly” pills), marijuana products, and related paraphernalia, alongside 19 firearms—carry a range of penalties depending on the substance classification, quantity (though specifics like exact amounts beyond “large” or “suspected” weren’t detailed), prior convictions, and additional factors like possession of firearms.
Utah classifies controlled substances under the Utah Controlled Substances Act (Utah Code Title 58, Chapter 37). Cocaine is a Schedule II substance, while psilocybin mushrooms and MDMA are Schedule I substances. Marijuana is also Schedule I, though penalties vary by amount and offense history.
For simple possession of Schedule I or II substances (including cocaine, psilocybin, and MDMA):
- A first or second conviction is typically a class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500.
- A third or subsequent conviction (with priors within seven years) escalates to a third-degree felony, carrying up to 5 years in prison and a $5,000 fine.
Marijuana possession follows a tiered approach:
- Smaller amounts (e.g., less than 1 ounce) are generally a class B misdemeanor for initial offenses (up to 6 months in jail and $1,000 fine), escalating to class A misdemeanor or felony with repeats or larger quantities.
- Possession of 100 pounds or more is a second-degree felony (1–15 years prison, up to $10,000 fine).
Paraphernalia charges are usually misdemeanors, starting as class B.
The presence of 19 firearms significantly aggravates the situation. Utah law (Utah Code § 76-10-503) prohibits “restricted persons” from possessing firearms or dangerous weapons. A key restriction applies to individuals who are unlawful users of controlled substances or knowingly and intentionally possess a Schedule I or II substance while in possession of a firearm/dangerous weapon. This makes them Category II restricted persons (or potentially Category I in some contexts).
- For a Category II restricted person possessing a firearm, the offense is a third-degree felony (up to 5 years prison, $5,000 fine).
- In certain cases involving unlawful controlled substance possession combined with firearms, penalties can reach second-degree felony levels (1–15 years prison, up to $10,000 fine) if classified under stricter categories.
Multiple charges can be filed concurrently (e.g., separate counts for each substance, paraphernalia, and firearm restrictions), potentially leading to consecutive sentences or enhanced penalties. Factors like the number of firearms, the “large” amounts described, and any evidence suggesting intent to distribute could elevate some charges beyond simple possession, though the reports indicate possession-focused arrests.
Actual sentences depend on plea deals, criminal history, and judicial discretion. A top drug defense lawyer in Utah can assist with plea negotiations. These offenses often result in significant jail/prison time, fines, probation, and long-term consequences like loss of firearm rights.
Assistance with criminal charges in Utah
Are you looking for the best criminal defense lawyers in Cedar City and other parts of
Utah? If so, call 435-586-2718 to schedule a free consultation and discuss your case.
Firm contact info:
415 N. Main St., Suite 106, Cedar City, UT 84721
435-586-2718
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Sources:
- https://kutv.com/news/local/utah-roommates-arrested-after-police-find-19-guns-suspected-drugs-in-st-george-home
