July 17, 2023

Medical Marijuana

Medical marijuana is legal in Utah for those over 18 years old with an active prescription. Many medical conditions qualify for a medical marijuana card, so talk to your general practitioner if you want a prescription.

While recreational use is not legal now, you should consider applying for a medical card if you have an underlying condition like chronic pain or anxiety. The Utah Compassionate Use Board reviews applications that don't automatically qualify and makes decisions on a case-by-case basis.

Minors can petition the Compassionate Use Board to become a qualifying patient if their doctor feels it would benefit them. Children are not permitted inside cannabis pharmacies, so their parents or guardians must carry a card to fill their prescriptions.

Penalties for Possession

Penalties for marijuana possession in Utah remain some of the most severe in the country. Marijuana is a controlled substance that individuals may only possess if they have a current, active medical prescription.

It's vital also to be aware that constructive possession laws also exist. Constructive possession occurs if someone in your household has marijuana illegally and you do not properly disclaim it. You can be charged with marijuana possession even if you have never purchased or owned cannabis personally.

Possession charges and penalties vary according to the amount of marijuana involved, but here is a general overview:

• Less than one ounce = Class B misdemeanor charge punishable with up to 6 months in jail and a $1,000 fine
• More than one ounce = Class A misdemeanor charge punishable with up to up to one year in jail and a $2,500 fine
• One pound or more = Third-degree felony charge punishable with up to five years in prison and a $5,000 fine
• 100 pounds or more = Second-degree felony charge punishable by up to 15 years in prison and a $10,000 fine

There are often additional, non-legal consequences for marijuana possession charges. You may lose your job or have your license suspended. Students receiving federal aid for education can lose their funding. It's best to seek sound legal counsel immediately in the face of new possession charges.

New Laws

Because cannabis is recreationally legal in many surrounding states, Utah laws have been updated to account for this. Metabolite DUI laws used to have a zero-tolerance policy for marijuana metabolites found in a driver's system.

Inactive metabolites can remain in an individual's system for weeks or months following the use of cannabis. Under the old law, many people who may have used marijuana recreationally in a state where it's legal could be charged with a DUI in Utah weeks later.

Work With the Best

Branson West Law thoroughly understands Utah's marijuana laws and can help you fight charges in court. With over 16 years of criminal defense experience, he will assist you with building your case and defending your rights.

Branson West Law has won hundreds of DUI cases, and he can help you with past charges that may no longer apply under current law. As a compassionate professional, he understands how stressful criminal charges can be, and he'll fight for you with exceptional legal representation no matter the circumstances.

Utah's cannabis laws are constantly changing, and marijuana has become more widely legalized nationwide. While there is no telling what may happen in the future, having a foundational understanding of current cannabis laws in Utah can help you avoid criminal charges for actions that may be legal elsewhere.