Utah Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession

Less than 1 ozMisdemeanor6 months$ 1,000
1 oz - 1 lbMisdemeanor1 year$ 2,500
1 - 100 lbsFelony5 years$ 5,000
More than 100 lbsFelony1 - 15 years$ 10,000

Sale

Any amountFelony5 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.

Cultivation

See Possession section for details.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the Penalty Details section for further information.

Paraphernalia

Possession of paraphernaliaMisdemeanor6 months$ 1,000
Sale of paraphernaliaMisdemeanor1 year$ 2,500
To a minorFelony5 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 ounce 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 ounce – 1 pound is a class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,500.

Possession of 1 pound -100 pounds is a third degree felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of 100 pounds or more is a second degree felony punishable by 1-15 years imprisonment and a maximum fine of $10,000.

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.

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.

  • Utah Code Ann. §§ 58-37-2-8 (2015) Web Search
  • Utah Code Ann. §§ 76-3-203-301 (2015) Web Search

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.

  • Utah Code Ann. §§ 58-37a-3-5 (2015) Web Search
  • Utah Code Ann. §§ 76-3-203-301 (2015) Web Search

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.

Miscellaneous

Any conviction will result in a driver’s license suspension for 6 months.

  • Utah Code Ann. § 53-3-2201(1)(c)(i)(A) (2015) Web Search

More Information

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.