Utah Criminal Defense


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Utah Drug Free Zones


Imagine walking through a Provo elementary school around 8 p.m. on a Saturday night.  The Provo School District is clearly not in secession and you are not some scumbag pushing marijuana to kids.  You and your buddy decide to smoke a marijuana joint on way through the school soccer fields on your way to your friend’s house.  Suddenly a Provo police officer stops you and you are cited for simple marijuana possession and told to contact the Provo City Justice Court.  You are guilty of using marijuana, but a Class A Misdemeanor is a bit harsh.

Provo Orem Criminal Defense Lawyers

Utah Drug Free Zone

Instead you receive a notice of a Class A Misdemeanor being prosecuted in the Provo District Court for violation of a drug free zone.  I.E., the school soccer fields.  Your Utah driver’s license is at stake and this is your first criminal charge.


If you are charged with simple marijuana possession, a Class B Misdemeanor, but the offense occurs in a drug free zone, then the charge is upped one grade in severity to a Class A Misdemeanor.


Utah’s drug free zone is defined at Utah Code Ann. 58-37-8(4) (2018).   Here is a list of drug free zones in Utah.
(i)            A public or private elementary or secondary school or on the grounds of any of those schools during the hours of 6 a.m. through 10 p.m.;
(ii)           A public or private vocational school or postsecondary institution or on the grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
(iii)          In or on the grounds of a preschool or child-care facility during the preschool’s or facility’s hours of operation;
(iv)          In a public park, amusement park, arcade, or recreation center when the public or amusement park, arcade, or recreation center is open to the public;
(v)           In or on the grounds of a house of worship as defined in Section 76-10-501;
(vi)          In or on the grounds of a library when the library is open to the public;
(vii)         Within any area that is within 100 feet of any structure, facility, or grounds included in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
(viii)        in the presence of a person younger than 18 years of age, regardless of where the act occurs; or
(ix)          for the purpose of facilitating, arranging, or causing the transport, delivery, or distribution of a substance in violation of this section to an inmate or on the grounds of any correctional facility as defined in Section 76-8-311.3.
You can read the entire statute here.  The drug free zones are highlighted. Drug Free Zones Highlighted in Statute

Provo Orem Drug Free Defense Lawyers

Drug Free Zones Include Churches, Schools and Many More.

There are many drug free zones under Utah law.  If you have any legal questions, Call DRUG FREE ZONE CRIMINAL DEFENSE LAWYER Jake Gunter at (801) 373-6345.   Call now for your free consultation.

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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