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Utah Marijuana Laws
Because there are no exemption laws such as medical use, Utah will penalize any individual for possession of marijuana. Offenders can receive misdemeanors or felonies for possession and sale of marijuana. However, because there are no mandatory minimum sentences for marijuana-related offenses, defendants are recommended to seek advice from a marijuana attorney in Utah. A marijuana attorney or marijuana lawyer will be up-to-date on current trends in marijuana law and will be able to help provide more lenient sentencing.
The state of Utah arrested 4,609 individuals for marijuana-related offenses during 2002. These arrests total 3.65% of all arrests throughout the state for that year. Of this number, 4,282 were for the possession and 327 were for sale of marijuana. According to the DEA, an estimated 16,352 lbs of marijuana are grown within the state yearly. At retail value, this crop is estimated to be valued between $69 million dollars and $111 million dollars.
Medical Marijuana Users
Utah, as a state, does not yet view marijuana as a medicinal drug. Any individual found in the possession of marijuana for personal use, sale, distribution, cultivation, or any other reason will be considered a recreational user and will be tried from a criminal platform.
Non-Medical Users:
As a state, Utah does not follow laws deeming marijuana as a legal medicinal drug. For this reason, no marijuana user will be considered exempt from conviction. Penalties for marijuana possession, sale, cultivation, and distribution can vary in level, period of incarceration, and amount of fine depending on the severity of crime committed.
Penalties for Marijuana Use or Possession in Utah:
Possession:
|
Possession of 1 oz or less |
Misdemeanor |
Penalties include incarceration for a period of up to 6 months with a fine of $1,000 |
|
Possession of between 1 oz and 1 lb |
Misdemeanor |
Penalties include incarceration for a period of up to one (1) year with a fine of $2,500 |
|
Possession of between 1 lb and 100 lbs |
Felony |
Penalties include incarceration for a period of up to 5 years with a fine of $5,000 |
|
Possession of greater than 100 lbs |
Felony |
Penalties include incarceration for a period of 1 to 15 years with a fine of $10,000 |
|
Any marijuana-related conviction will result in the loss of driving privileges by suspension of driver’s license. |
||
Sale:
|
Sale of any amount |
Felony |
Penalties include incarceration for a period of up to 5 years with a fine of $5,000 |
|
Sale of any amount within 1,000 feet of a school or other specific area*; or in the presence of a minor |
Felony |
Standard penalties (determined by circumstance and amount of marijuana found) will apply, as well as an increased penalty by one level. |
|
*Specified areas include amusement parks, recreation centers, churches, synagogues, shopping malls, public parks, sports facilities, theatres, and public parking lots. |
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Marijuana Paraphernalia:
|
Possession of paraphernalia |
Misdemeanor |
Penalties include incarceration for a period of up to 6 months with a fine of $1,000 |
|
Sale of paraphernalia |
Misdemeanor |
Penalties include incarceration for a period of up to 1 year with a fine of $2,500 |
|
Sale of paraphernalia to a minor |
Felony |
Penalties include incarceration for a period of up to 5 years with a fine of $5,000 |
Penalties for Driving Under the Influence of Marijuana
The state of Utah has a zero-tolerance Driving Under the Influence of Drugs (DUID) law, which states that drivers are prohibited from operating a motor vehicle while under the influence of drugs. Specifically prohibited drugs include cannabis and cannabis metabolites. Motorists found with traces of these drugs in their bodies are subject to mandatory a 48-hour long imprisonment for a first offense, and will be sentenced to no more than 6 months of incarceration upon conviction.
Legal Help with a Marijuana Offense
A marijuana lawyer in the state of Utah can provide relative and pertinent advice for individuals being charged with a marijuana-related offense. Marijuana lawyers can provide legal insight and can aid in the resolution of unsettled issues. In addition, upon conviction, a marijuana attorney may be able to secure a less severe sentence for offenders who show a past record of without criminal history.