Utah Marijuana Laws

A few states, including our eastern neighbor Colorado, have legalized recreational marijuana use lately, and you might be wondering if Utah is next. The answer is not quite yet. Despite Colorado’s legalization efforts, the Beehive State still prohibits marijuana possession and sale, with only a few, narrow medical exceptions. This is an introduction to Utah’s marijuana laws.

Marijuana Laws in Utah

For the most part, marijuana possession and sale are illegal in Utah. A conviction for selling pot in the state constitutes a felony punishable by up to 15 years in prison, depending on the amount and location of the sale, and the criminal history of the seller. Utah does allow patients suffering from epileptic disorders to use cannabidiol (CBD) in limited concentrations for medical treatment. The table below lists Utah’s marijuana statutes.

Code Section

Utah Code 58-37, et. seq.: Utah Controlled Substances Act


Under 1 oz.: Class B misdemeanor;

1-16 oz. not yet extracted from plant: Class A misdemeanor;

Over 1 lb.-100 lbs.: 3rd degree felony;

Over 100 lbs.: 2nd degree felony;

Subsequent offense: one degree greater penalty than provided for


3rd degree felony;

Subsequent offense: 2nd degree felony;

Within 1000 ft. of school or sale to a minor: one degree more than provided except 1st degree felony is 5 yrs. mandatory



While state marijuana laws regulate pot within the state, marijuana possession, sale, and trafficking remain illegal under federal law by way of the Controlled Substance Act. So if you’re thinking of sneaking to Colorado to circumvent Utah’s marijuana ban, you should know that even if a state’s marijuana laws may say it’s legal, federal law will always trump state law if there is an overlap. Most federal law enforcement agencies have left policing in-state marijuana cases to in-state authorities, but the federal government may still enforce prohibitions on interstate cases of pot possession, manufacturing and cultivation and trafficking and distribution.

Related Resources for Utah Marijuana Laws:

As we’ve seen here and in other states, drug laws are subject to change. You can find additional articles and information by visiting FindLaw's section on Drug Charges. If you think you or someone you know may have a drug or substance abuse problem, Utah's Division of Substance Abuse and Mental Health has resources that can help.

Get a Free Legal Review of Your Utah Marijuana Charges

Even if you're caught with the smallest amount of marijuana in Utah, it can still land you in jail for up to six months. Your best option is to discuss your case with a lawyer, who can help determine the best course of action to pursue and possibly keep you out of jail. Have a Utah criminal defense attorney evaluate your marijuana charges today, at no charge to you.

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