| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| Less than 1 oz | Misdemeanor | 6 months | $ 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. | |||
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 paraphernalia | Misdemeanor | 6 months | $ 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 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
- Utah Code Ann. § 58-7-8 (2015) Web Search
- Utah Code Ann. § 76-3-204 (2015) Web Search
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.
- Utah Code Ann. § 76-3-203 (2015) Web Search
- Utah Code Ann. § 76-3-301 (2015) Web Search
Possession of 100 pounds or more is a second degree felony punishable by 1-15 years imprisonment and a maximum fine of $10,000.
- Utah Code Ann. § 58-7-8 (2015) Web Search
- Utah Code Ann. §76-3-301 (2015) Web Search
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.
- Utah Code Ann. § 58-37-8 (2015) Web Search
- Utah Code Ann. §§ 76-3-203-301 (2015) Web Search
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.
- Utah Code Ann. § 58-37-8 (2015) Web Search
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.
- Utah Code Ann. §§ 76-3-203-204 (2015) Web Search
- Utah Code Ann. § 76-3-301 (2015) Web Search
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.
Low THC
This state has passed a low THC 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.