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Utah Marijuana Laws

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Understanding Utah Marijuana Law with Branson West Law

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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Recent Case Results

Leaving the scene of an accident
Case Dismissed!
Client was accused of leaving the scene of an accident in Riverton, case dismissed.
SLC DUI
Dismissed!
Client's 2nd offense. Argued suppression motion, case dismissed.
Davis County Assault
Dismissed
Client charged with assault in Davis County. Cased was dismissed.
West Jordan Burglary
Burglary Case Dismissed
Client accused of breaking into vehicle, stealing items, then fleeing the scene.
Draper DUI
Dismissed
Client charged with DUI. Case Dismissed.
Draper DUI
Reduced
DUI charge dropped to reckless
Provo DUI
DUI Dismissed
Client was stopped at DUI check point, failed FSTs, blew below the legal limit, but had other substances in his system.
Draper DUI
DUI Dismissed
Client found in car, passed out, alleged drugs in system.
Domestic Violence, Midvale
Case Dismissed
Domestic Violence case in Midvale, case DISMISSED.
Domestic Violence and Burglary, Salt Lake 3rd District
Case Dismissed
DV and Burglary case dismissed in Salt Lake 3rd District
DUI - South Jordan
Dismissed
Accused of DUI with prescription drugs with an accident in South Jordan, case dismissed.
Dog Attack, Salt Lake County
Case Dismissed
Dog attack case in Salt Lake County
Domestic Violence, Sandy
Case Dismissed
DV in Sandy, client accused of fighting with girlfriend, case dismissed.
Domestic Violence, Salt Lake County
Case Dismissed
DV in Salt Lake County, client accused of attacking her daughters boyfriend, case dismissed.
DUI, West Jordan
THC DUI Dismissed
Kira Eoff, West Jordan, THC DUI dismissed
DUI - West Jordan
Dismissed
DUI in West Jordan, pulled over for swerving, dismissed.
DUI - Provo
Dismissed
DUI dismissed in Provo, bad driving pattern, thought it was drugs, failed FSTs, and DRE exam.
DUI - Holladay
Jury Verdict of Not Guilty
DUI charge, client had actual physical control with a high BAC, verdict not guilty.
Theft - Layton, UT
Case Dismissed
Target employee charged with theft in Layton, case dismissed.
Murray, UT - DUI.
Case Dismissed!
Stopped for speeding, failed FSTs.
West Jordan, Ignition Interlock Violation
Case Dismissed!
Client accused of driving with an ignition interlock device.
Herriman, DUI
Case Dismissed!
Client accused of DUI, had a blood draw result of .08, got a second opinion that showed .075.
West Valley City, Domestic Violence Assault
Case Dismissed!
Client was accused of assaulting her husband.
Murray, UT - Possession of Drug Paraphernalia
Case Dismissed!
Cops found items in the car, claimed there was a drug deal.
Lehi, Child Abuse
Case Dismissed
Client was accused of hitting son.
West Jordan, Seven 2nd Degree Felony Counts of Check Fraud
Case Dismissed!
Client was accused of fraudulently writing checks on accounts that were closed.
Provo, UT - DUI
Case Dismissed!
Client drinks at party, comes back and falls asleep in car, fails FSTs, arrested for DUI.
Murray, UT - Retail Theft
Case Dismissed
Client was in Costco, put item in purse, security claimed she was stealing property.
SLC, UT - Domestic Violence Assualt
Case Dismissed
Client was in a fight with boyfriend, charged with Domestic Violence (DV).
Holladay, UT - DUI
Case Dismissed!
Ran from a DUI checkpoint. Failed FSTs.
Salt Lake City - Felony Child Non-Support
Case Dismissed
Client owed over $55,000 in child support arrears.
Theft - Provo Justice Court
Case Dismissed
Client was buying bikes off KSL and ended up with stolen bikes.
Theft - Taylorsville Justice Court
Case Dismissed
Client was accused of stealing supplies from a salon.
Aggravated Assault Charge - Salt Lake 3rd District Court
Case Dismissed
Client was accused of pulling a gun on his girlfriend and threatening to kill her.
Provo, UT - Theft
Case Dismissed!
Client was buying bikes off KSL and ended up with stolen bikes.
American Fork, UT - DUI
Case Dismissed
Client was stopped for a registration issue, failed the field sobriety tests and blew in the intoxilyzer twice.
Alcohol Restricted Driver and Driving on a Suspended License - Sandy Justice Court
Case Dismissed
Client was accused of driving on a restricted and suspended license.
DUI - Salt Lake County
Jury Verdict of NOT GUILTY
Client failed field sobriety tests, had a poor driving pattern, & refused breath test.
DUI - Clearfield, UT
Case DISMISSED!
Client was driving a big rig, and we were able to save his job.
Possession of Drugs - Utah County
Case DISMISSED!
Client was stopped and improperly searched.
Assaulting an officer, resisting arrest - Salt Lake City, UT
Jury verdict of NOT GUILTY!
Client was investigating friend being restrained by cops and cops attacked him.
DUI, Lehi
DUI dismissed
Client was charged wrongfully. Restored his license, got the charges dismissed!
DUI, Midvale
Jury verdict of NOT GUILTY!
Client blew a .80.
DUI, Midvale
Jury verdict of NOT GUILTY!
Client claimed he was not the driver, even though cops thought he was.
DUI, Draper
Jury verdict of NOT GUILTY!
Client was driving the wrong way on a one-way road, failed FSTs.
DUI, St. George
Jury verdict of NOT GUILTY!
Client was asleep in his car, with stereo on. Cops came and called it
Aggravated assault, Salt Lake 3rd District.
Jury verdict of NOT GUILTY!
Client was accused of pulling a knife on a man in a Wal-mart parking lot.
Retail Theft, Orem
Plea in Abeyance
Client had stolen items from a local retailer, had admitted everything to police and was able to keep her record clean.
Under age consumption, Davis 2nd District
Plea in Abeyance.
Clients were at a party when all were caught drinking. Were able to keep records clean.
DUI, Vernal
Case DISMISSED!
Client was stopped for license plate light being out and for having it improperly displayed. Had a BAC of .17.
Possession of Drugs, Salt Lake City
Case DISMISSED!
Client was at a pizza place, eating in the parking lot when cops arrived, suspicious of their activity.
Domestic Violence, Taylorsville
Plea in Abeyance
Client called the police when upset, didn't mean to get cops involved, but we were able to save his record.
Domestic Violence, Lehi
Plea in Abeyance to disorderly conduct as an infraction
Client was going through a divorce, his spouse would not allow him to see their child or leave. Cops blamed him.
Stalking, Park City
Plea in Abeyance
Charges reduced, and offered in abeyance, so client's record would stay clean. She was accused of stalking a member of the Mormon Tabernacle Choir, was a teacher, and was able to keep her record clean.
Aggravated Assault, Davis 2nd District
Charges reduced to disorderly conduct as an infraction, no jail time, minimal fine
Client was seen entering Wal-mart with a gun after making apparently threatening phone calls to his former manager.
Retail theft, Salt Lake
Plea in Abeyance.
Client was a college student, accidentally walked out of the store without paying for a cup of soup, but had paid for everything else. Was able to keep her record clean.
DUI, West Valley
Jury Verdict of NOT GUILTY!
Client was a former ski patroller and hopeful to get on with an ambulance crew. He was accused of driving off the road with prescription medication in his system. He suffered from strokes.
Traffic violation, Spanish Fork
Verdict of NOT GUILTY!
Client was a truck driver and had been in an accident. The judge found him not guilty as charged.
Theft of services, Salt Lake 3rd
Case DISMISSED!
Client was accused of stealing services from a shop. Were able to prove that her signature had been forged.
DUI, South Salt Lake
Jury verdict of NOT GUILTY!
Client was accused of driving with alcohol in her system on a second offense, then subsequently refusing the breath test.
DUI, Salt Lake Airport
Case DISMISSED!
Client was accused of driving through the airport while DUI, was arrested prior to field sobriety tests being administered.

The Cost of DUI in Utah
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KUTV 2 News Interview with top Utah DUI and Criminal Defense attorney Branson K. West.

"I learned a lot by talking to this attorney."

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A lawyer's desk with a notebook and gavel - Branson West Law can help with your Utah marijuana law questions or charges.

What is Legal

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:

  • Cancer
  • Alzheimer’s disease
  • Chronic and intense pain
  • Autism
  • HIV/AIDS
  • Crohn’s disease/Ulcerative colitis
  • Epilepsy
  • Chronic untreatable nausea
  • Multiple sclerosis
  • Post-traumatic stress disorder (under the treatment of a licensed mental health therapist)
  • Terminal illness in which life expectancy is less than six months
  • Another condition that the Compassionate Use Board approves (this approval is granted on a case-by-case basis)

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.

What Isn’t Legal

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.

Potential Penalties

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:

  • A school
  • A park
  • An amusement park
  • A library
  • A preschool or child-care facility
  • A church
  • A mall
  • A movie theater
  • A playhouse
  • A stadium, or sports facility

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.

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Why Hire a Drug Lawyer?

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.

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Local experience and knowledge of Utah’s prosecutors and judges leave Branson West Law well-prepared to help you as a lawyer.

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Branson is one of the most kind and loyal attorneys. He gave me great advise on a case. He took the time to answer my phone calls and texts. He really cares for his clients: and getting the best resolutions. I would recommend him to anyone in the Utah area. When you are going through a hard time----he really takes the time to coach you and listen. He is kind and I treats his clients with such good care.
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