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Wednesday, November 14, 2018
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Utah Marijuana Laws

Utah marijuana laws are particularly harsh, with use of the drug banned for any use except for non-psychoactive medical CBD. Any other possession or sale is a crime.

Utah Marijuana Attorneys

The following Utah lawyers are actively involved in the practice of cannabis law:

LAW BREAKDOWN

Utah allows the limited medical use of non-intoxicating CBD oil. All other possession, cultivation, and sale of marijuana is prohibited. The drug is not decriminalized, so even minor offenses carry the possibility of jail time.

Possession

It is a crime to possess any amount of marijuana in Utah, except CBD for medical use. Possession of less than one ounce of cannabis is a misdemeanor and is punishable by up to six months in jail and $1,000 in fines. Possession of between one ounce and one pound is also a misdemeanor and carries a top penalty of one year in jail and $2,500.

It is a felony, meanwhile, to possess between one and 100 pounds, and the maximum punishment is five years in prison and $5,000. For more than 100 pounds, there is a minimum sentence of one year in jail, a maximum of 15 years in prison, and a top fine of $10,000.

Sale

It is a felony to sell any amount of cannabis in Utah. The maximum penalty is five years in prison and $5,000 in fines. Enhanced penalties apply if the sale occurs in the presence of a minor or within 1,000 of a school or other drug-free zone.

Cultivation

Marijuana cultivation is treated the same as possession in Utah. The same weight limits and penalties apply.

Hash and Concentrates

No special rules apply to hashish or other marijuana concentrates in Utah. The same weight limits and penalties apply.

Paraphernalia

All drug paraphernalia is illegal in Utah unless intended, marketed, and used exclusively for legal purposes. Paraphernalia includes any items intended for the cultivation, harvesting, processing, testing, analysis, storage, inhaling, ingesting, or otherwise introducing of marijuana to the body.

Use and possession. Possession of marijuana paraphernalia is a class B misdemeanor punishable by up to six months in jail and $1,000 in fines.

Sale and distribution. Sale of paraphernalia is also a misdemeanor and carries a maximum penalty of one year in jail and $2,500.

Sale to a minor. Selling paraphernalia to a minor, who is at least three years younger than the seller, is a third-degree felony and comes with a top sentence of five years in prison and $5,000 in fines.

MEDICAL MARIJUANA

Utah’s CBD-only legislation, which was the first of its kind in the US, instructs the Department of Agriculture to grow low-THC hemp for the production of cannabis oil.

Qualifying conditions – Intractable epilepsy, terminally ill patients (diagnosed with having no more than six months to live)

Patient possession limits – Cannabis extracts are permitted if they contain no more than 0.3 percent THC and no less than 15 percent CBD

Home cultivation – No

State-licensed dispensaries – No, although legislation will allow medical cannabis products to be sold at “cannabidiol-qualified pharmacies”

Caregivers – No

Reciprocity – No

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Less than 1 oz Misdemeanor 6 months $ 1,000
1 oz – 1 lb Misdemeanor 1 year $ 2,500
1 – 100 lbs Felony 5 years $ 5,000
More than 100 lbs Felony 1 – 15 years $ 10,000

Sale

Any amount Felony 5 years $ 5,000
In the presence of a minor or within 1000 ft of a school and other designated public areas is subject to increased penalties.

Cultivation

See Possession section for details.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the Penalty Details section for further information.

Paraphernalia

Possession of paraphernalia Misdemeanor 6 months $ 1,000
Sale of paraphernalia Misdemeanor 1 year $ 2,500
To a minor Felony 5 years $ 5,000

Miscellaneous

Any conviction will result in a driver’s license suspension for 6 months.