Updated May 2020
Despite its conservative background, the voters of Utah embraced the legalization of marijuana for medical functions by approving Proposition 2 in November 2018. The approval of medical marijuana prompted the Utah Legislature to rapidly craft and cross a extra restrictive invoice lower than a month later. Learn extra about Utah marijuana legal guidelines under.
Recreational Marijuana Laws in Utah
Is marijuana authorized in Utah? In brief, no.
Utah marijuana legal guidelines state that the possession of marijuana in Utah is prohibited. Therefore, anybody caught with any quantity of marijuana (with no medical marijuana card) on their individual in the state of Utah is topic to penalties, which might embody fines and doable jail time.
What Are the Penalties if I Am Caught with Marijuana in Utah?
The penalties for getting caught with marijuana will change based mostly on the quantity of marijuana the person has on them on the time. Here are the penalties for possession of marijuana in accordance with Utah marijuana legal guidelines:
Caught with Less Than an Ounce of Marijuana
The penalty for getting caught with lower than one ounce of marijuana in the state of Utah is a misdemeanor cost. It may result in as much as six months in jail and a $1,000 superb.
Caught with Between an Ounce and a Pound of Marijuana
Persons caught with greater than an oz. and as much as a pound of marijuana face a misdemeanor cost, punishable by as much as a yr in jail and a $2,500 superb.
Caught with Between One and 100 Pounds of Marijuana
Possession of anyplace between one and 100 kilos of marijuana is a felony, which might consequence in as much as 5 years of imprisonment and a $5,000 superb.
Caught with Over 100 Pounds of Marijuana
If a person is caught with over 100 kilos of marijuana, Utah marijuana legal guidelines state that the person can be charged with a felony and is topic to as much as 15 years of imprisonment and a $10,000 superb.
The state of Utah doesn’t have conditional launch insurance policies, which give first time offenders in different states a reprieve, or obligatory minimums in place.
In April 2019, Gov. Gary Herbert signed into regulation House Bill 431, which creates a course of for the automated expungement and deletion of sure legal convictions, together with misdemeanor convictions for the possession of marijuana. The new regulation took impact on May 1, 2020.
Hash Laws in Utah
Hash is a potent sort of marijuana that’s produced from the resin of the hashish plant. Under Utah marijuana legal guidelines, the use, possession, and sale of hash are unlawful, with the penalties for hash possession being similar to the penalties for marijuana possession.
Marijuana Paraphernalia Laws
Marijuana paraphernalia is any product that aids in the consumption and use of marijuana, together with pipes, bongs, and different merchandise. Under Utah regulation, marijuana paraphernalia is prohibited to personal or promote.
The possession of marijuana paraphernalia is a misdemeanor in Utah, and possession may result in people spending as much as six months in jail and a $1,000 superb. The sale of paraphernalia can also be a misdemeanor, however a jail sentence might be as much as one yr and the superb might be as much as $2,500. Finally, promoting paraphernalia to a minor is a felony, and doing so may result in as much as 5 years in jail and a $5,000 superb.
Medical Marijuana Laws in Utah
In a one-day particular session on December 3, 2018, the Utah Legislature passed the Utah Medical Cannabis Act (House Bill 3001). Signed into regulation by Gov. Gary Herbert, the regulation changed Proposition 2, the medical marijuana poll initiative approved by state voters just one month earlier. In the lead-up to the election, Utah lawmakers, officers with the Mormon Church, and the marketing campaign group liable for Proposition 2 agreed to craft compromise laws that imposes extra restrictions.
The new regulation diminished medical marijuana pharmacies to solely seven statewide and prohibits all marijuana edibles, with the lone exception being gelatin cubes. Utah marijuana legal guidelines now state that hashish may also solely be out there in the type of a pill or capsule, oil, or topical lotion.
Patients are solely allowed to own a one-month provide of medical marijuana at any given time, utilizing their physician’s particular prescription particulars to determine how a lot marijuana a one-month provide consists of. The most quantity that sufferers can possess is 4 ounces of marijuana flower or 20 grams of THC.
Is Home Cultivation of Medical Marijuana Allowed?
Patients should not permitted to domesticate their very own medical marijuana vegetation. While different states permit medical marijuana sufferers to plant and domesticate their very own vegetation from the consolation of their house, Utah has banned all house cultivation of medical marijuana.
When Can a Doctor Recommend Medical Marijuana?
Under the Utah Medical Cannabis Act, sure people might be prescribed medical marijuana and hashish merchandise. However, not simply anybody is eligible for medical marijuana. Under Utah marijuana legal guidelines, a health care provider can suggest medical marijuana to sufferers identified with the next circumstances:
- Alzheimer’s illness
- Amyotrophic lateral sclerosis (ALS)
- Crohn’s illness or ulcerative colitis
- Epilepsy or debilitating seizures
- HIV or AIDS
- A situation ensuing in hospice care
- Multiple sclerosis (MS) or persistent muscle spasms
- Nausea (persistent, not related to being pregnant)
- Pain (lasting longer than two weeks and provided that it isn’t managed by 1) a non-opioid medicine, or 2) bodily intervention like chiropractic care)
- Post-traumatic stress dysfunction (PTSD)
- A uncommon situation or illness that impacts fewer than 200,000 people in the United States
- Terminal sickness with lower than six months life expectancy
Additionally, any sufferers accepted by the Compassionate Use Board that has a situation not already lined by the listing can qualify.
What Is a Medical Marijuana Caregiver?
A caregiver is an individual designated by a medical marijuana affected person as someone who should purchase, transport, and assist the affected person with medical marijuana. Under Utah marijuana legal guidelines, every affected person is allowed to designate two caregivers to help the affected person in having access to medical marijuana, even when the caregivers should not permitted to make use of medical marijuana.
CBD from Hemp Oil in Utah
Hemp-derived CBD merchandise are authorized underneath federal regulation in the United States; nevertheless, particular person state legal guidelines are dynamic and fluid. Individual states might enact their very own legal guidelines governing hemp-derived CBD.
Cultivation of Hemp in Utah
The cultivation of hashish for private use stays unlawful in Utah.
Hemp can legally be grown by people licensed by the Utah Department of Agriculture and Food. In 2014, the state handed a invoice that permits for the state’s Department of Agriculture to develop industrial hemp for analysis functions. The program permits licensed growers to domesticate hashish containing not more than 0.3% THC.
Legal Status of Other U.S. States
Stay updated on the newest state laws, referendums, and public opinion polls. Our Marijuana Legalization Map means that you can browse the present standing of medical and leisure marijuana legal guidelines in different U.S. states and territories.
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