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Utah: Medical Marijuana Law Overview and State Fines/Penalties

David Bowman

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Possession
Possession of less than 1 oz. is a Class B misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000. Upon a second conviction the person is guilty of a class A misdemeanor, and upon a third or subsequent conviction the person is guilty of a third degree felony

Possession of 1 oz.- 1 lb. is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,500.

Possession of 1 lb.-100 lbs. is a Third Degree felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of over 100 lbs. is a Second Degree felony punishable by 1-15 years imprisonment and a maximum fine of $10,000.

See:
  • Utah Criminal Code Section 58-37-8
  • Utah Criminal Code Section 76-3-203
  • Utah Criminal Code Section 76-3-204
  • Utah Criminal Code Section 76-3-301
Sale
The sale of any amount is a Second Degree felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The sale in the presence of a minor or within 1,000 feet of a school and other designated public areas is subject to increased penalties.

See:
  • Utah Criminal Code Section 58-37-8
  • Utah Criminal Code Section 76-3-203
  • Utah Criminal Code Section 76-3-301
Cultivation
Cultivation in Utah will be punished based upon the aggregate weight of the plants found. See the "Possession" section for further penalty details.

Hash & Concentrates
Hashish and concentrates are schedule 1 controlled substances and fall under the definition of marijuana. Please see the marijuana penalties section for further details.

See:
  • Utah Code Ann. §58-37-4(a)(iii)(s)
  • Utah Code Ann. §58-37-2(1)(aa)
  • Utah Code Ann. §58-37-8(2)(b)
  • Utah Code Ann. §76-3-203
  • Utah Code Ann. §76-3-301(1)
  • Utah Code Ann. §58-37-8(1)
Paraphernalia
Possession of paraphernalia is a Class B misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

The sale of paraphernalia is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,500.

The sale of paraphernalia to a minor is a Third Degree felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

See:
  • Utah Criminal Code 58-37a-3
  • Utah Criminal Code 58-37a-5
  • Utah Criminal Code Section 76-3-203
  • Utah Criminal Code Section 76-3-204
  • Utah Criminal Code Section 76-3-301
Miscellaneous
Any conviction will result in a driver's license suspension for 6 months.

See:
  • Utah Criminal Code Section 53-3-220(1)(c)(i)(A)
DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

MEDICAL CBD

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.
Source: NORML: Utah Laws & Penalties
 
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