{"id":655,"date":"2020-05-15T04:16:00","date_gmt":"2020-05-15T04:16:00","guid":{"rendered":"http:\/\/www.medicalmarijuanainc.com\/?p=3408"},"modified":"2020-05-15T04:16:00","modified_gmt":"2020-05-15T04:16:00","slug":"utah-marijuana-laws","status":"publish","type":"post","link":"https:\/\/medicalmarijuanainc.com\/2020\/05\/15\/utah-marijuana-laws\/","title":{"rendered":"Utah Marijuana Laws"},"content":{"rendered":"

Updated May 2020
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Despite its conservative background, the voters of Utah embraced the legalization of marijuana for medical purposes by approving Proposition 2 in November 2018. The approval of medical marijuana prompted the Utah Legislature to quickly craft and pass a more restrictive bill less than a month later. Learn more about Utah marijuana laws below.<\/p>\n

Recreational Marijuana Laws in Utah<\/strong><\/h2>\n

Is marijuana legal in Utah? In short, no.<\/p>\n

Utah marijuana laws state that the possession of marijuana in Utah is illegal. Therefore, anyone caught with any amount of marijuana (without a medical marijuana card) on their person in the state of Utah is subject to penalties, which can include fines and possible jail time.<\/p>\n

What Are the Penalties if I Am Caught with Marijuana in Utah?<\/h2>\n

The penalties for getting caught with marijuana will change based on the amount of marijuana the individual has on them at the time. Here are the penalties for possession of marijuana according to Utah marijuana laws:<\/p>\n

Caught with Less Than an Ounce of Marijuana<\/h3>\n

The penalty for getting caught with less than one ounce of marijuana in the state of Utah is a misdemeanor charge. It can result in up to six months in jail and a $1,000 fine.<\/p>\n

Caught with Between an Ounce and a Pound of Marijuana<\/h3>\n

Persons caught with more than an ounce and up to a pound of marijuana face a misdemeanor charge, punishable by up to a year in jail and a $2,500 fine.<\/p>\n

Caught with Between One and 100 Pounds of Marijuana<\/h3>\n

Possession of anywhere between one and 100 pounds of marijuana is a felony, which can result in up to five years of imprisonment and a $5,000 fine.<\/p>\n

Caught with Over 100 Pounds of Marijuana<\/h3>\n

If an individual is caught with over 100 pounds of marijuana, Utah marijuana laws state that the individual will be charged with a felony and is subject to up to 15 years of imprisonment and a $10,000 fine.<\/p>\n

The state of Utah does not have conditional release policies, which give first time offenders in other states a reprieve, or mandatory minimums in place.<\/p>\n

In April 2019, Gov. Gary Herbert signed into law House Bill 431, which creates a process for the automatic expungement and deletion of certain criminal convictions, including misdemeanor convictions for the possession of marijuana. The new law took effect on May 1, 2020.<\/p>\n

Hash Laws in Utah<\/h2>\n

Hash<\/a> is a potent type of marijuana that is made from the resin of the cannabis plant. Under Utah marijuana laws, the use, possession, and sale of hash are illegal, with the penalties for hash possession being identical to the penalties for marijuana possession.<\/p>\n

Marijuana Paraphernalia Laws<\/h2>\n

Marijuana paraphernalia is any product that aids in the consumption and use of marijuana, including pipes, bongs, and other products. Under Utah law, marijuana paraphernalia is illegal to own or sell.<\/p>\n

The possession of marijuana paraphernalia is a misdemeanor in Utah, and possession can result in individuals spending up to six months in jail and a $1,000 fine. The sale of paraphernalia is also a misdemeanor, but a jail sentence can be up to one year and the fine can be up to $2,500. Finally, selling paraphernalia to a minor is a felony, and doing so can result in up to five years in jail and a $5,000 fine.<\/p>\n

Medical Marijuana Laws in Utah<\/strong><\/h2>\n

In a one-day special session on December 3, 2018, the Utah Legislature passed the Utah Medical Cannabis Act<\/a> (House Bill 3001). Signed into law by Gov. Gary Herbert, the law replaced Proposition 2, the medical marijuana ballot initiative approved by state voters just one month earlier<\/a>. In the lead-up to the election, Utah lawmakers, officials with the Mormon Church, and the campaign group responsible for Proposition 2 agreed to craft compromise legislation that imposes more restrictions.<\/p>\n

The new law reduced medical marijuana pharmacies to only seven statewide and prohibits all marijuana edibles<\/a>, with the lone exception being gelatin cubes. Utah marijuana laws now state that cannabis will also only be available in the form of a tablet or capsule, oil<\/a>, or topical lotion.<\/p>\n

Patients are only allowed to possess a one-month supply of medical marijuana at any given time, using their doctor\u2019s specific prescription details to figure out how much marijuana a one-month supply consists of. The maximum amount that patients can possess is four ounces of marijuana flower or 20 grams of THC.<\/p>\n

Is Home Cultivation of Medical Marijuana Allowed?<\/h2>\n

Patients are not permitted to cultivate their own medical marijuana plants. While other states allow medical marijuana patients to plant and cultivate their own plants<\/a> from the comfort of their home, Utah has banned all home cultivation of medical marijuana.<\/p>\n

When Can a Doctor Recommend Medical Marijuana?<\/h2>\n

Under the Utah Medical Cannabis Act, certain individuals can be prescribed medical marijuana and cannabis products. However, not just anyone is eligible for medical marijuana. Under Utah marijuana laws, a doctor can recommend medical marijuana to patients diagnosed with the following conditions:<\/p>\n