Are You a Legal Professional?

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

Possession

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

Sale

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

Trafficking

-

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. If you would like legal assistance regarding a drug crime matter, you can consult with a Utah drug crime attorney. You can also 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.

Next Step Search and Browse
Contact a qualified attorney.
(e.g., Chicago, IL or 60611)