Disclaimer:

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.  If you need legal advice and assistance, contact South Dakota lawyers.

South Dakota Abortion Laws

Within the state of South Dakota, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, South Dakota state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; upon medical authorization, a pregnancy not exceeding 24 weeks can be performed – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of South Dakota

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – partial birth abortions are permissible in order to save the life of the mother

•    Individuals accused of performing illegal abortion procedures can be charged with applicable Class Felonies; any illegal abortion is considered to be a Class 6 Felony, which may consist of 2 years’ incarceration and a $2,000 fine – the death or injury of the mother may result in a Class 4 Felony

South Dakota Marijuana Laws

Within the state of South Dakota, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the South Dakota State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of South Dakota:

Possession of Marijuana Charges

Within the state of South Dakota, a drug test rendering positive results for the presence of Marijuana may be considered as a possession charge:

1.    Amount: less than 2 ounces

•    Penalty: 1 year incarceration

•    Fines: $1,000

•    Classification: Misdemeanor

2.    Amount: 2 – 8 ounces

•    Penalty: 2 years’ incarceration

•    Fines: $2,000

•    Classification: Felony

3.    Amount: 8 ounces – 1 pound

•    Penalty:  5 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

4.    Amount: 1 – 10 pounds

•    Penalty: 10 years’ incarceration

•    Fines: $10,000

•    Classification: Felony

5.    Amount: 10 + pounds

•    Penalty: 15 years’ incarceration

•    Fines: $15,000

•    Classification: Felony

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur upwards of $10,000 penalties and 10 years’ incarceration

1.    Amount: 0 – 1/2 ounce

•    Penalty: minimum sentence of 15 days incarceration

•    Fines: $1,000

•    Classification: Misdemeanor

2.    Amount: 1/2 – 1 ounce

•    Penalty: 2 years’ incarceration

•    Fines: $2,000

•    Classification: Felony

3.    Amount: 1 – 8 ounces

•    Penalty:  5 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

4.    Amount: 8 ounces – 1 pound

•    Penalty: 10 years’ incarceration

•    Fines: $10,000

•    Classification: Felony

5.    Amount: 1 pound +

•    Penalty: 15 years’ incarceration

•    Fines: $15,000

•    Classification: Felony

Medical Marijuana

Within the state of South Dakota, Medical Marijuana is considered to be illegal both for patient use and cultivation

South Dakota DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of South Dakota:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of South Dakota, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In South Dakota, supplementary penalties may be incurred due to BAC levels exceeding .17%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within South Dakota, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 30 days’ time;  penalties can range upwards of 1 year

South Dakota Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of South Dakota, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons convicted of a crime within the past 15 years, minors, and individuals convicted of drug charges within the past 5 years is illegal in the state of South Dakota; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period of 48 hours exist within the state of South Dakota

•    Current listing or report of forearms considered to be illegal in the state of South Dakota: silenced firearms, sawed-off shotguns, and an altered serial number

•    Legal Codes: 21-1-2 (South Dakota gun laws), 13-32-7 (the prohibition of firearms within a school zone)

South Dakota Adoption Laws

In the state of South Dakota, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; spouses must agree to adopt in joint fashion:

•    Within the state of South Dakota, and individual must maintain residence for a period of no less than 6 months

•    Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption

•    Within the state of South Dakota, the Department of Social Services mandates all adoptions

South Dakota Employment and Labor Laws

•    Within the state of South Dakota, the minimum wage is $6.55 – $7.25 awarded per hour of labor

•    Within the state of South Dakota, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

South Dakota Divorce Laws

Within the state of South Dakota, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to residence within the state of South Dakota

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

•    Adultery and cruelty are additional grounds for divorce

South Dakota Death Penalty Laws

Within the state of South Dakota, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability authorized by a court or pregnancy, capital punishment is disallowed

•    There does not exist a standard minimum age permissible for a capital punishment sentence 

•    Within the state of South Dakota, homicide is considered to be the only crime punishable by death

•    The accepted means of capital punishment is lethal injection

South Dakota Gambling Laws

Within the state of South Dakota, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Dog racing wagering is legal

•    Gambling is permissible on Native American land; any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of North Dakota – card games are permitted in the town of Deadwood

South Dakota Child Laws

Within the state of South Dakota, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision

Disclaimer: 

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Tennessee Abortion Laws

Within the state of Tennessee, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Tennessee state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in the first trimester upon medical and maternal consent – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Tennessee

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol

•    Residency within the state of Tennessee is required

•    Individuals accused of performing illegal abortion procedures can be punished in accordance to Class Felonies

a.    Class C Felony: Unlawful Abortion, Purposeful Miscarriage

b.    Class E Felony: Abortion performed on an out-of-state resident, negligence subsequent to birth leading to the death of the infant born

c.    Class A Misdemeanor: Lack of adherence to restriction of consent with regard to a minor

Tennessee Marijuana Laws

Within the state of Tennessee, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Tennessee State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Tennessee:

Possession/Under the Influence of Marijuana

Individuals charged with possession of Marijuana exceeding 1 ounce can be charged for Drug Trafficking/Sale; individuals charged with possession of Marijuana exceeding ½ of an ounce may be charged with the intent to sell

1.    Amount: Any

•    Penalty: 1 year incarceration

•    Fines: $2,500

•    Classification: Misdemeanor

2.    Amount: Any (subsequent offense)

•    Penalty: varies

•    Fines: $250 – $1,000

•    Classification: varies

Cultivation of Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

3.    Amount: less than 10 plants (weighing ½ ounce to 10 pounds)

•    Penalty: 1 – 6 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

4.    Amount: 10 – 19 plants

•    Penalty: 2 – 12 years’ incarceration

•    Fines: $50,000

•    Classification: Felony

5.    Amount: 20 – 99 plants

•    Penalty: 3 – 15 years’ incarceration

•    Fines: $100,000

•    Classification: Felony

6.    Amount: 100 – 499 plants

•    Penalty: 8 – 30 years’ incarceration

•    Fines: $200,000

•    Classification: Felony

7.    Amount: 500+ plants

•    Penalty: 15 – 60 years’ incarceration

•    Fines: $500,000

•    Classification: Felony

Sale of Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

1.    Amount: ½ ounce to 10 pounds

•    Penalty: 1 – 6 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

2.    Amount: 10 – 70 pounds

•    Penalty: 2 – 12 years’ incarceration

•    Fines:  $5,000

•    Classification: Felony

3.    Amount: 70 – 300 pounds

•    Penalty: 8 – 30 years’ incarceration

•    Fines: $200,000

•    Classification: Felony

4.    Amount: 300 pounds +

•    Penalty: 15 – 60 years’ incarceration

•    Fines: $500,000

•    Classification: Felony

Medical Marijuana

Within the state of Tennessee, Medical Marijuana is considered to be illegal both for patient use and cultivation

Tennessee DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Tennessee:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Tennessee, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Tennessee, supplementary penalties may be incurred due to BAC levels exceeding .20%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Tennessee, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 1 years’ time;  penalties can range upwards of 3 years in addition to the installation of an ignition interlock device

•    Upon a second DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle 

Tennessee Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Tennessee, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons, individuals addicted to drugs or alcohol, minors, fugitives,  or individuals who have been in long-term care in a mental health facility is illegal in the state of Tennessee;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A 15 day waiting period for the purchase of a firearm exists in the state of Tennessee

•    Current listing or report of forearms considered to be illegal in the state of Tennessee: machine guns, altered firearms, explosives, explosive rounds, and silenced weapons

Tennessee Adoption Laws

In the state of Tennessee, an individual who has been deemed as a law-abiding citizen – above the age(s) of 18 – who is of sound mind and moral character is permitted to adopt a child:

•    Within the state of Tennessee, and individual must maintain residence for a period of no less than 1 year

•    Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption

•    Within the state of Tennessee, the Department of Children’s Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 1 years’ time subsequent to the adoption

Tennessee Employment and Labor Laws

•    Within the state of Tennessee, an expressed, mandatory minimum wage standard does not exist

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Wyoming Equality Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of Tennessee, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Tennessee Divorce Laws

Within the state of Tennessee, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 6 months residence within the state of Tennessee if the divorce manifested outside of the state; in the event that an individual –or individuals – were married in Tennessee and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences; this occurs in the case of minor children present in tandem with a 2-year separation

•    Additional grounds for divorce can include cruelty, adultery, impotence, addiction, conviction of criminal activity, and insanity

Tennessee Death Penalty Laws

Within the state of Tennessee, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability authorized by a court, capital punishment is disallowed

•    The minimum age permissible for a capital punishment sentence is 18

•    Within the state of Tennessee, homicide is considered to be the only crime punishable by death

•    The accepted means of capital punishment is lethal injection; electrocution can be selected if that conviction was set forth prior to 1/1/99

Tennessee Gambling Laws

Within the state of Tennessee, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Tennessee

Tennessee Child Laws

Within the state of Tennessee, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision

Disclaimer:

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. Also contact Hawaii lawyers for legal advice and assistance.

Hawaii Abortion Laws

Within the state of Hawaii, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Hawaii state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Hawaii

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Hawaii, public funds may be used for abortions only in the case(s) of sexual assault and incest

•    Statutory Definition of illegal abortion in Hawaii: Failure to meet standard for legal abortion

•    Statutory Definition of legal abortion: terminate pregnancy of nonviable fetus

•    Penalty for Unlawful Abortion: Fine to $1,000 and/or imprisonment to 5 years

Hawaii Marijuana Laws

•    Possession: Possession of 25 or more marijuana plants or possession of 1 lb. or more of anything containing cannabis: Class C felony; 2 lbs. or more: Class B felony; 25 lbs. or more: Class A felony; Possession of over 100 plants: Class A felony; Distribution of an small amount or possession of any small amount: misdemeanor

•    Sale: Sale of any amount: Class C felony; 1 lb. or more: Class B felony; 5 lbs. or more: Class A felony 

Hawaii DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Hawaii:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Hawaii, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Hawaii, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Hawaii, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

Hawaii Gun Laws

•    Hawaii is a “may issue” state for concealed carry of firearms.

•    Acquiring firearm requires a permit, issued to qualified applicants by the county police chief

•    There is a 14 day waiting period for receiving a permit, which is then valid for 6 days. A separate permit is required for each handgun to be acquired. Long gun permits can be used for any number of shotguns or rifles for a period of one year.

•    Applicants must pass criminal background checks and provide an affidavit of mental health. Applicants must agree to release their medical records before obtaining permit

•    First time applicants must be fingerprinted by the FBI. When applying to acquire a handgun, a safety training course affidavit or hunter’s education card is required.

•    Firearms acquired within the state must be registered with the chief of police within 5 days. Firearms from out of state must be registered within 3 days of arrival. 

•    Carrying a loaded firearm, concealed or not concealed, is a class A felony. 

•    Unloaded firearms that are secured in a gun case and are accompanied by a permit are allowed to be transported in a vehicle between the permitted owner’s residence or business and a place of repair; a target range; a license dealer’s place of business; a place of formal hunter or firearm training or instruction; a police station; a scheduled firearms show or exhibit.

Hawaii Adoption Laws

•    Any person in Hawaii may be adopted

•    Age that Child’s consent is needed: 10 years and older; if married adult, consent of spouse also

•    Who may adopt: Any proper adult person, not married, or married to legal parent of minor, or husband and wife jointly

•    Human Services and Family agency of Hawaii responsible for administering adoption cases.

Hawaii Employment and Labor Laws

•    Within the state of Hawaii, the minimum wage is 5 dollars and 15 cents awarded per hour of labor

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Wyoming Equality Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of Hawaii, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Hawaii Divorce Laws

Within the state of Hawaii, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of Hawaii; in the event that an individual –or individuals – were married in Hawaii and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

Hawaii Death Penalty Laws 

•    Capital Punishment is not allowed in Hawaii

Hawaii Gambling Laws

•    Gambling aboard ships is illegal in Hawaii. 

•    Possession of gambling devices, such as slot machines, is illegal

Hawaii Child Laws

Within the state of Hawaii, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision

Disclaimer:

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. If you need legal advice and assistance, contact Utah lawyers.

Utah Abortion Laws

Within the state of Utah, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Utah state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Utah

•    A legal abortion may take place in order to avoid serious birth defect and trauma sustained by either mother or child; in the state of Utah, abortions may only take prior to the 20-week mark of pregnancy in the case(s) of sexual assault and incest

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol– conducting unlawful abortions may result in the revocation of medical licenses

Utah Common Law Marriage

Common Law Marriage is currently legal in the state of Utah

Utah Marijuana Laws

Within the state of Utah, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Utah State Government is a punishable, criminal offense. Any Marijuana conviction taking place in the state of Utah results in a mandatory minimum loss of license for 6 months. The following penalties are associated with Marijuana within the state of Utah:

Possession/Under the Influence of Marijuana

1.    Amount: less than 1 ounce

•    Penalty: 6 months’ incarceration

•    Fines: $1,000

•    Classification: Misdemeanor

2.    Amount: 1 ounce – 1 pound

•    Penalty: 1 year incarceration

•    Fines: $2,500

•    Classification: Misdemeanor

3.    Amount: 1 pound – 100 pounds

•    Penalty: 5 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

4.    Amount: 100 pound +

•    Penalty: 1 – 15 years’ incarceration

•    Fines: $10,000

•    Classification: Felony

Cultivation/Sale of Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone or Public Park – the sale of Marijuana to a minor may also incur additional fines and incarceration

5.    Amount: Any

•    Penalty: 5 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

Medical Marijuana

Within the state of Utah, Medical Marijuana is considered to be illegal both for patient use and cultivation

Utah DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Utah:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Utah, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .00%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Utah, supplementary penalties may be incurred due to BAC levels exceeding .16%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Utah, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device and mandatory substance abuse counseling

Utah Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Utah, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons, individuals addicted to narcotics, minors, individuals receiving a dishonorable discharge from the Armed Forces, and individuals who have been in long-term care in a mental health facility is illegal in the state of Utah;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period for the purchase of a firearm does not currently exist in the state of Utah

•    Current listing or report of forearms considered to be illegal in the state of Utah: purposefully-altered firearm

•    Legal resident aliens are only permitted to own handguns

Utah Adoption Laws

In the state of Utah, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; unmarried individuals sharing a residence cannot adopt:

•    Within the state of Utah, and individual must maintain residence for a period of no less than 6 months; a minimum of residence for 1 year is applicable for step-parents

•    Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption

•    Within the state of Utah, the Department of Child and Family Services mandates all adoptions

•    Once an adoption is finalized, it cannot be overturned

Utah Employment and Labor Laws

•    Within the state of Utah, the minimum wage is $6.55 – $7.25 awarded per hour of labor

•    Within the state of Utah, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Utah Divorce Laws

Within the state of Utah, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 90days residence within the state of Utah

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences; a separation must take place for no less than 3 years’ time

•    Additional grounds for divorce can include cruelty, adultery, impotence, addiction, and insanity

Utah Death Penalty Laws

Within the state of Utah, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability authorized by a court or pregnancy, capital punishment is disallowed

•    There does not exist a minimum age permissible for a capital punishment sentence

•    Within the state of Utah, homicide is considered to be the only crime punishable by death

•    The accepted means of capital punishment is lethal injection or firing squad; the defendant retains the right to choose

Utah Gambling Laws

Within the state of Utah, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth – gambling is illegal in the state of Utah

Utah Child Laws

Within the state of Utah, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within  grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision

Disclaimer: 

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Kansas Abortion Laws

•    Statutory Definition of Illegal Abortion in Kansas: To perform or induce abortion when fetus is viable, that is, in attending physician's best medical judgment, fetus is capable of sustained survival outside the uterus without extraordinary medical means

•    Statutory Definition of Legal Abortion in Kansas: As long as fetus is not viable (and mother's informed consent obtained); abortion of viable fetus permitted if 2nd M.D. certifies that abortion is necessary to preserve life of mother or fetus has severe, life-threatening deformity or abnormality

•    Penalty for Illegal Abortion: Class A nonperson misdemeanor

Kansas Marijuana Laws

•    Code Section: 65-4101

•    Possession: Class A-nonperson misdemeanor. Subsequent offenses: Level 4 felony

•    Sale: Level 3 felony; Sell within 1000 ft. of school or to minor: Level 2 felony

Kansas DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following Kansas law on DUI and DWI exist.

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Kansas, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Kansas, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Kansas, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

Kansas Gun Laws

•    Kansas is a shall issue state for gun rights

•    Kansas does not require a permit for ownership or concealed carry for all firearms

•    Waiting periods will vary based on cities and counties

•    Illegal Arms in Kansas include: Shotgun with barrel less than 18 inches; automatic weapons; cartridges which can be fired by handgun and have plastic-coated bullets with core of less than 60% lead by weight; any device for use in silencing firearm

•    The following individuals may not own a firearm in Kansas: 1. Both addicted to and an unlawful user of a controlled substance; 2. Person convicted of felonies specified under 21-4204(a)(3) and (4) may be denied gun ownership if they have been convicted within either the last 5 years or the last 10 years, depending on the crime

Kansas Adoption Laws

•    Any person or adult with consent may be adopted

•    Consent is required for children over the age of 14 years old

•    Any adult, or husband and wife jointly may adopt. One spouse cannot adopt without consent of the other

Kansas Employment and Labor Laws

•    Within the state of Kansas, the minimum wage is 7 dollars and 15 cents awarded per hour of labor

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of Kansas, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Kansas Death Penalty Laws 

•    Capital punishment is allowed in Kansas

•    The minimum age is 18

•    Only a homicide conviction may warrant the death penalty

•    Lethal injection is the method of execution in Kansas

Kansas Gambling Laws

Within the state of Kansas, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal (off-track betting is not permitted)

•    Dog racing wagering is legal (off-track betting is not permitted)

•    All casinos are illegal except for those on Indian Reservations

Kansas Child Laws

Within the state of Kansas, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision