What You Need to Know About Cannabis Laws in Utah
Utah laws regarding the legalization of marijuana have become more progressive in the past decade. Currently, cannabis is only legally available for those with an active medical prescription. Still, both physical and mental health conditions can qualify an individual for a med card.
While recreational marijuana is still illegal in Utah, many surrounding states have legalized its use. Because of this, there have been significant changes to laws in Utah regarding DUI charges. Knowing your rights and seeking legal counsel for help with a current or past charge is vital.
Branson West Law is a trusted lawyer with expertise in cannabis laws in Utah. If you find yourself facing DUI charges, call Branson West Law today!
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.
Patients who receive a medical card must renew their prescription after the first month and then every six months following. Additionally, the law only permits patients to have one month's dosage or 20 ounces of THC at a time.
It's illegal to take marijuana into airports in Utah. Still, most states will honor medical marijuana prescriptions according to their rules and regulations. Do your research before traveling to ensure you have all the necessary documentation to purchase what you will need for your trip out of state.
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.
Updated laws prevent sober drivers that may test positive for metabolites from facing criminal charges. However, not all members of law enforcement are aware of these updated laws and policies.
If you do receive criminal charges, don't panic. Branson West Law can work with you to build your case to fight current or past charges that may be affected by these updated legal policies.
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.