Though medical marijuana has been legal in Utah since 2018, many Utah residents remain unsure of exactly what is and what isn’t legal in regards to cannabis within the Beehive State. If you are a resident of Utah or a visitor to the state who intends to use cannabis, here is a rundown of Utah marijuana laws; from what is and isn’t legal to potential penalties you may face if charged with breaking Utah law.
If you or a loved one are facing drug charges, it’s time to contact a skilled criminal defense attorney. Branson West Law is one of the most experienced and reliable drug and DUI attorneys in Utah. Schedule your free consultation today!
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The 2018 approval of Proposition 2 legalized medical marijuana in Utah and allows patients to acquire medical marijuana from state-licensed health care providers. These facilities can grow and sell cannabis for medical use so long as they are registered with the Utah Department of Health. If you are not an authorized patient, the only cannabis option legalized for consumption can be found in no- or low-THC CBD oil.
If a patient is considering obtaining a Medical Cannabis Card, they must first ensure that they have at least one qualifying condition. These conditions include but are not limited to:
From there, the patient can then meet with a qualified medical professional to obtain their card. Medical marijuana can be used through select forms which include but are not limited to tablets, vaping, wax, capsules, cubes, and concentrated oil.
Though medical cannabis is legal for patients with qualifying conditions in Utah, recreational cannabis remains illegal. According to Utah marijuana law, any person that finds themselves deliberately and consciously in possession of any form of recreational marijuana (whether it be in the form of smoking or edible products) is under violation of the law.
You must be a medical marijuana patient to be in possession of any form of marijuana, and it is illegal for patients to cultivate their own medical cannabis under any circumstances.
Possession of even small amounts of recreational marijuana is considered a misdemeanor at the minimum (Utah marijuana law considers it a felony if you are found in possession of over one pound of marijuana) and may result in either incarceration or serious fines. Fines can range from $1,000 for possession of an ounce or less, but can skyrocket to upwards of $5,000 for possession of a pound or more. Incarceration can range from six months to 15 years depending on the severity of the offense. Any conviction due to illegal marijuana use will result in a driver’s license suspension for six months. In addition to this, the sale of any amount of marijuana unauthorized by a Utah Medical Cannabis pharmacy is an automatic felony, punishable by up to five years incarceration and $5,000 in fines. Paraphernalia, cultivation and hashish and concentrates are all potentially penalized as well.
Also in Utah, quite a bit of the state is considered by law to be a "Drug-Free Zone." If you are accused of possessing drugs or paraphernalia within 1000 feet of the following locations, your charges may be increased:
This means that if you were accused of possessing drugs in these areas, what ordinarily would have been charged as a class B misdemeanor could be elevated to a class A misdemeanor, increasing the potential penalties.
Drug charges, whether they are for possession of a drug or possession of drug paraphernalia, can blindside people. Your marijuana possession or paraphernalia case is all about what you are accused of having and how much. Having an experienced drug lawyer who is versed in the law will offer you accurate legal advice and may help to reduce your charges if you have been accused of violating Utah marijuana law.
Branson West Law is an experienced Utah drug defense attorney that can speak with you regarding the marijuana charges you face, review the police report, answer any questions you may have and let you know what the next step should be to help ensure a strong defense for your case.
For those facing marijuana charges in or around Utah, Branson West Law is the defense attorney with the experience to win.
Call today for a free and confidential consultation!