Utah Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Less than 1 oz | misdemeanor | 6 mos | $ 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 |
Sale | |||
| 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. | |||
Hash & Concentrates | |||
| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia | |||
| Possession of paraphernalia | misdemeanor | 6 mos | $ 1,000 |
| Sale of paraphernalia | misdemeanor | 1 year | $ 2,500 |
| To a minor | felony | 5 years | $ 5,000 |
Miscellaneous | |||
| Any conviction will result in a driver's license suspension for 6 months. | |||
Penalty Details
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 any 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 threshold. For more information, see NORML's Drugged Driving (DUID) report.
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.
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