Thursday, September 19, 2019
Home Marijuana Laws by State Utah Marijuana Laws

Utah Marijuana Laws

Utah marijuana laws permit use of the drug for medical purposes, but recreational use remains a crime. 

Utah Marijuana Attorneys

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

LAW BREAKDOWN

Utah allows marijuana for medical purposes, but using it for recreation remains illegal. 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, unless by a qualifying medical patient. 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 initially only permitted CBD for medical use, but voters have since approved a full medical marijuana law at the ballot. Whole-plant medical cannabis is now legal for treatment of a long list of conditions, although the program is not yet operational.

Qualifying conditions

  • ALS (Lou Gehrig’s disease)
  • Alzheimer’s disease
  • Autism
  • Cachexia
  • Cancer
  • Crohn’s disease or ulcerative colitis
  • HIV/AIDS
  • Epilepsy or a similar condition that causes “debilitating seizures”
  • Multiple sclerosis or persistent and debilitating muscle spasms
  • Nausea (must be persistent)
  • Pain lasting longer than two weeks that is not adequately managed despite treatment attempts
  • PTSD “that is being treated or monitored by a licensed mental health therapist”
  • Any terminal illness where life expectancy is less than six months
  • Any condition resulting in hospice care
  • Any rare condition that effects fewer than 200,000 persons in the United States as defined by Section 526 of the Federal Food, Drug and Cosmetic Act and is not adequately managed despite treatment attempts
  • **Patients with a qualifying illness between the ages of 18 and 21 must petition the Compassionate Use Board for medical cannabis approval

Patient possession limits – Medical cannabis products can come in the following forms: “tablet,” “capsule,” “a concentrated oil,” “a liquid suspension,” “a topical preparation,” “a transdermal preparation,” “a sublingual preparation,” “a gelatinous cube or lozenge,” or “a blister pack of unprocessed cannabis flower.” All medical products must be labelled with a barcode. Patients are permitted to purchase up to a 14-day supply at a time.

Home cultivation – No. Replacement legislation enacted by the House and Senate rewrote the Utah Medical Cannabis Act to prohibit home grows.

State-licensed dispensaries – Yes, although they are defined as ‘medical pharmacies’ under the replacement legislation. No more than seven medical pharmacy licenses may be issued.

Caregivers – Yes. A patient may designate a maximum of two caregivers, who are permitted to purchase, transport, or otherwise assist the patient with his/her use of medicine.

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.