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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27089
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My friend lives in Saint Utah and he was smoking marijuana

Customer Question

my friend lives in Saint George Utah and he was smoking marijuana in the privacy of his own home. A police officer knocks on his door to ask them not to throw a party on Halloween because it is a Monday, while doing so the cop smells weed and asks if they him if he has smoked any weed and my friend replied that he smoked a join. the cop asked if he had anymore weed on him and my friend showed him half a gram. The cop didn't arrest him due to him cooperation but charged him with a misdemeanor and possession. Is it illegal if it's on your own private property?
JA: Have the charges been filed? Is there a prior criminal record?
Customer: no prior criminal record, charges should be filed by now
JA: Because laws vary based on location, what state are you in?
Customer: Utah
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, i have the actual story from my friend that I'm going to type out right now
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Expert:  Zoey_ JD replied 9 months ago.

Yes. Marijuana is unlawful to possess anywhere in your state under both Utah and Federal law. If he has it in the privacy of his home but it is discovered by authorities he can be prosecuted.

If he is convicted of this charge, he will lose his license for 6 months. So even though the likelihood that he will go to jail is zero, he should have a lawyer to try to negotiate a deal with the prosecutor that will keep this case from giving him a criminal record and prevent the suspension of his license.

Expert:  Zoey_ JD replied 9 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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