Utah Marijuana Laws

Recreational marijuana is not legal or decriminalized in Utah. In 2018 voters passed a medical marijuana law that allows patients to use medical marijuana purchased from licensed dispensaries. Patients may possess up to 112 grams of cannabis within a 30-day period. Non-patients in possession of small amounts could face up to six months imprisonment and a $1,000 fine. 

Utah marijuana laws
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Utah allows marijuana for medical purposes, but using it for recreation remains illegal. The drug is not decriminalized, so even minor offenses carry the possibility of jail time.

Possession

It is a crime to possess any amount of marijuana in Utah, unless by a qualifying medical patient. Possession of less than 1 ounce of cannabis is a misdemeanor and is punishable by up to 6 months in jail and $1,000 in fines. Possession of between 1 ounce and 1 pound is also a misdemeanor and carries a top penalty of 1 year in jail and $2,500.

It is a felony, meanwhile, to possess more than 1 pound of cannabis. For possession of between 1 and 100 pounds, the maximum punishment is 5 years in prison and a fine of $5,000. For more than 100 pounds, there is a minimum sentence of 1 year in jail, a maximum of 15 years in prison, and a top fine of $10,000.

Offense Penalty Incarceration Max. Fine
Less than 1 oz Misdemeanor 6 months $ 1,000
1 oz – 1 lb Misdemeanor 1 year $ 2,500
1 – 100 lbs Felony 5 years $ 5,000
More than 100 lbs Felony 1 – 15 years $ 10,000

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Sale

It is a felony to sell any amount of cannabis in Utah. The maximum penalty is 5 years in prison and $5,000 in fines. Enhanced penalties apply if the sale occurs in the presence of a minor or within 1,000 of a school or other drug-free zone.

Offense Penalty Incarceration Max. Fine
Any amount Felony 5 years $ 5,000
In the presence of a minor or within 1000 ft of a school and other designated public areas is subject to increased penalties.

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Cultivation

Marijuana cultivation is treated the same as possession in Utah. The same weight limits and penalties apply.

Offense Penalty Incarceration Max. Fine
See Possession section for details.

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Hash and Concentrates

No special rules apply to hashish or other marijuana concentrates in Utah. The same weight limits and penalties as flower apply.

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Paraphernalia

All drug paraphernalia is illegal in Utah unless intended, marketed, and used exclusively for legal purposes. Paraphernalia includes any items intended for the cultivation, harvesting, processing, testing, analysis, storage, inhaling, ingesting, or otherwise introducing of marijuana to the body.

Use and possession. Possession of marijuana paraphernalia is a class B misdemeanor punishable by up to 6 months in jail and $1,000 in fines.

Sale and distribution. Sale of paraphernalia is also a misdemeanor and carries a maximum penalty of 1 year in jail and $2,500.

Sale to a minor. Selling paraphernalia to a minor, who is at least 3 years younger than the seller, is a third-degree felony and comes with a top sentence of 5 years in prison and $5,000 in fines.

Offense Penalty Incarceration Max. Fine
Possession of paraphernalia Misdemeanor 6 months $ 1,000
Sale of paraphernalia Misdemeanor 1 year $ 2,500
To a minor Felony 5 years $ 5,000

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Miscellaneous
Any conviction will result in a driver’s license suspension for 6 months.

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Medical Marijuana

MEDICAL MARIJUANA

Utah allows patients to purchase and use marijuana medicinally for a range of qualifying conditions.

QUALIFYING CONDITIONS:

  • ALS (Lou Gehrig’s disease)
  • Alzheimer’s disease
  • Autism
  • Cachexia
  • Cancer
  • Crohn’s disease or ulcerative colitis
  • HIV/AIDS
  • Epilepsy or a similar condition that causes “debilitating seizures”
  • Multiple sclerosis or persistent and debilitating muscle spasms
  • Nausea (must be persistent)
  • Pain lasting longer than two weeks that is not adequately managed despite treatment attempts
  • PTSD “that is being treated or monitored by a licensed mental health therapist”
  • Any terminal illness where life expectancy is less than six months
  • Any condition resulting in hospice care
  • Any rare condition that effects fewer than 200,000 persons in the United States as defined by Section 526 of the Federal Food, Drug and Cosmetic Act and is not adequately managed despite treatment attempts
  • **Patients with a qualifying illness between the ages of 18 and 21 must petition the Compassionate Use Board for medical cannabis approval

PATIENT POSSESSION LIMITS:

Medical cannabis products can come in the following forms: tablets, capsules, concentrated oils, topical preparations, transdermal preparations, sublingual preparations, liquid suspensions, or gelatinous cubes or lozenges. There is a state-mandated “legal dosage limit” of 20 grams of THC per single dose. Cannabis flower must be dispensed in a “tamper-resistant” sealed container with a 60-day expiration date. Patients are permitted to obtain up to a 30 day supply of medical marijuana products. A 30-day supply of “unprocessed cannabis” should not exceed 113 grams by weight.

HOME CULTIVATION:
No. Replacement legislation enacted by the House and Senate rewrote the Utah Medical Cannabis Act to prohibit home grows.

STATE-LICENSED DISPENSARIES:
Yes, although they are defined as ‘medical pharmacies’ under the replacement legislation. No more than seven medical pharmacy licenses may be issued.

CAREGIVERS:
Yes. A patient may designate a maximum of two caregivers, who are permitted to purchase, transport, or otherwise assist the patient with his/her use of medicine.

Marijuana Attorney Directory

Utah Marijuana Attorneys

The following Utah lawyers are actively involved in the practice of cannabis law: