Utah Cannabis Laws & Penalties in 2024

Key Takeaways

Cannabis is not legal for recreational use in Utah, with punishments starting at up to 6 months in jail and fines of up to $1,000.
Medical marijuana is legal if you have a qualifying condition and a certification from a physician in the state.
For medical patients, there is a possession limit of around 4 ounces (113 g), but the law does not allow smoking, only vaporizing.

Weed is legal for medical purposes in Utah, but there is no Utah recreational weed law allowing general-purpose adult use.

The situation has been improving in the Beehive State recently, though, with the medical program becoming increasingly liberal since its introduction in 2018, and especially since the initial program in 2014.

While there isn’t much hope of full recreational weed legalization in Utah at the moment, if you’re a qualifying patient, the state has plenty of options.

Is Weed Legal in Utah?

Weed is not legal in Utah for recreational use, but you can get a medical marijuana card and up to 4 ounces of flower if you qualify.

Is Recreational Weed Legal in Utah?

No, there is no Utah recreational weed law.

While the reasons for this are complex, it’s not a particularly popular idea in the state and it’s likely that the Church of Latter Day Saints (i.e. the Mormon Church) would be opposed.

In fact, it was something of a fight to get medical legalization signed into law, and it was only achieved with the (eventual) support of the church.

Penalties for Weed Possession

Unless you’re a card-carrying medical marijuana patient, there are penalties for possession of weed in Utah.

Unfortunately, although the state is liberalizing its weed laws somewhat, the punishments are fairly severe:

For possession of less than 100 pounds of marijuana, the offense is a class B misdemeanor in the first instance and carries a sentence of up to 6 months in jail and a fine of up to $1,000.
For a second offense, the punishment is the same.
For a third offense (within 7 years), it increases to a class A misdemeanor, increasing the fine up to a maximum of $2,500 and the jail time to a maximum of 364 days.
For a fourth or subsequent offense (again within 7 years), it becomes a third-degree felony. In this case, the fine can reach $5,000 and the jail time increases to a maximum of five years.
If you have more than 100 pounds, it’s a second-degree felony, punishable by between 1 and 15 years in prison and a maximum fine of $10,000.

Is Medical Marijuana Legal in Utah?

Medical marijuana is legal in Utah.

Although there was a limited program previously, the modern Utah medical marijuana law comes from HB 3001, otherwise known as the Utah Medical Cannabis Act.

This was passed in 2018, but since then (and up to January 2022), several amendments have been made which have generally loosened the constraints of the original law.

The original 2014 law was limited to low-THC CBD oil, and only for patients with difficult-to-manage epilepsy.

The Utah Medical Cannabis Act expanded it substantially (and made flower an option), but many restrictions remained until lawmakers passed amendments. SB 0190, for instance, loosens the restrictions on the packaging for cannabis flower.

However, many restrictions remain in the program. In particular, although cannabis flower is allowed, you can only vaporize it – smoking is not legal as part of the program. Similarly, edibles like gummies, cookies, and brownies are not permitted. In addition, you have to buy from state-licensed cannabis “pharmacies.”

Medical Marijuana Patient Possession Limits

The patient possession limit in Utah is set at 113 g (just under 4 ounces), or 20 g for total THC in all other forms, or alternatively, an amount that’s enough for 30 days of treatment. Anything beyond this is treated as a possession, even if you have a medical marijuana card.

The amount you can purchase in a specific time period is also limited.

If you live within 100 miles of a medical cannabis pharmacy, in a 12-day period, you can only purchase enough for 14 days of treatment based on your doctor’s recommendations, 56 g of flower or 10 g of THC in medical form, whichever is lower.

If you live further away, within a 28-day period, you can buy enough for 30 days of treatment, 113 g of flower, or 20 g of medical THC, whichever is lower.

How to Get a Medical Marijuana Card in Utah?

Utah’s Department of Health and Human Services (DHHS) oversees the medical marijuana program and lists the requirements for getting your medical marijuana card in Utah.

The first step is finding a medical provider who is registered to recommend marijuana, and meeting them to be diagnosed with a qualifying condition.

These conditions are:

HIV or acquired immune deficiency syndrome (AIDS)
Alzheimer’s disease
Amyotrophic lateral sclerosis (Lou Gehrig’s disease)
Cancer
Cachexia
Persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy
Cannabis-induced cyclical vomiting syndrome
Cannabinoid hyperemesis syndrome
Crohn’s disease or ulcerative colitis
Epilepsy or debilitating seizures
Multiple sclerosis or persistent and debilitating muscle spasms
Post-traumatic stress disorder (PTSD)
Autism
A terminal illness when the patient’s life expectancy is less than six months
A condition resulting in the individual receiving hospice care
A rare condition or disease that affects less than 200,000 individuals in the U.S., as defined in federal law, and that is not adequately managed despite treatment attempts using conventional medications (other than opioids or opiates) or physical interventions
Pain lasting longer than two weeks that is not adequately managed, in the qualified medical provider’s opinion, despite treatment attempts using conventional medications other than opioids or opiates or physical interventions
A condition that the compassionate use board approves on a case-by-case basis

This last entry is an option if your physician thinks it’s a good idea in your case, however, he or she must complete a compassionate use board petition to see if you can be approved.

After this, you create a Utah ID account and create a profile in the Electronic Verification System (EVS). When this is done, your physician will enter their certification and recommendation. The final step is paying the application fee ($15, whether first-time or renewal) and waiting for your card.

If you’re over 21 and have a qualifying condition, it will be completed within 15 days of the application being sent and you’ll receive your card electronically. If you’re younger and/or don’t have a qualifying condition, the review process can take up to 90 days.

Can You Consume in Public?

No. Medical marijuana patients in Utah need to consume their cannabis in private, and since you can’t legally smoke it anyway, you definitely can’t do that in public.

You are allowed to use your cannabis product if it’s a medical emergency, but other than that you should only do so in your home. In practice, though, if you have some cannabis oil or something similar it seems unlikely that you would be caught using it.

Can You Drive Under the Influence?

Driving under the influence of weed is illegal in Utah, but the law isn’t as strict as in many states. The issue is split into two parts in Utah law.

Firstly, it’s illegal to drive if you’re under the influence of alcohol or any drug to the point that you cannot safely operate a vehicle. This is very reasonable and if you violate it, you’re unavoidably guilty of an offense.

Utah law also forbids driving if you have any measurable amount of a controlled substance (or its metabolites) in your body.

However, for cannabis, this will likely be true for days after you last consume, and if you’re a medical marijuana patient, much longer. So having a detectable amount of THC metabolite in your system doesn’t necessarily mean you’re impaired.

The law accounts for this by allowing an “affirmative defense” in cases where the cannabis was used in accordance with the Utah Medical Cannabis Act.

Additionally, if the main metabolite of THC was the only controlled substance present, this section also doesn’t apply. If you were impaired, though, then the first law still applies.

If you’re found guilty of a DUI, the penalties are:

For a first offense, it’s a class B misdemeanor, carrying a punishment of at least 48 hours of jail, community service, or house arrest (maximum 6 months), a fine of up to $1,000, and the possibility of probation, substance abuse treatment, or probation. If you’re over 21, your license will be suspended for at least 120 days, and if you’re younger, it’s suspended either for the same length of time or until you’re 21 (whichever is longer).
For a second offense (within 10 years), it’s still a class B misdemeanor, but the jail time, community service, or house arrest increase to at least 240 hours (maximum one year), and the fine has a new maximum of $2,500. Additionally, the license suspension is for at least 2 years.
A third or subsequent offense (within 10 years) is considered a third-degree felony, carrying a sentence of up to 5 years in prison and a fine of up to $5,000.
Sentences are increased if you injure someone or if you have someone under 16 in the vehicle (or under 18 if the driver is over 21).

Is Delta-8 THC Legal in Utah?

Delta-8 THC is effectively banned in Utah.

The state passed HB 227 in 2023, which classified delta-8 THC products as containing “artificially derived cannabinoids,” and then made it illegal to add these to cannabinoid products.

It’s technically possible to create a delta-8 THC product through non-”artificial” means (since it is naturally present in tiny quantities), but this is not true for the products currently on the market because it is not remotely practical to produce this way.

Essentially, this means delta-8 THC products are banned in Utah. It may be possible to sell delta-8 THC under the medical cannabis system, but this doesn’t appear to have happened in practice.

However, there are reports that delta-8 THC is available for sale regardless of this.

Is Weed Decriminalized in Utah?

Weed is not decriminalized in Utah. There have been calls for decriminalization, and Salt Lake County Attorney General Sim Gill operated a pilot scheme for first-time offenders to avoid punishment.

However, this is a long way from genuine decriminalization and only covered one county in the state.

Is Growing Weed Legal in Utah?

Even Utah’s medical marijuana program doesn’t allow cultivation. This is in line with the limitations on flower imposed by Utah’s weed laws, with the state being less willing than others to allow patients to use “raw” cannabis however they like, and having strict rules for packaging.

Although frustrating for patients, the restriction makes sense given the nature of the bill they’re operating under.

When Will Weed Be Legal in Utah? The Future Outlook

Unfortunately, weed legalization in Utah seems a long way off.

Advocates within the state had to cozy up to the LDS church to even get the medical bill through – for example, the Marijuana Policy Project page for Utah explicitly mentions “our allies at […] the Church of Latter Day Saints.”

This isn’t a pointless aside, either. The reality of Utah means that the LDS church has a huge amount of influence, and they will not approve of recreational legalization. In fact, the major concern around passing the medical bill was that it might lead to recreational use.

In short, don’t expect a Utah weed legalization bill to be signed into law any time soon. That said, the increasingly liberal approach to medical marijuana is a definite step in the right direction.

Conclusion

Weed might not be legal for anyone in Utah, but the medical program is getting better and better each year, and if you qualify, possession limits are quite high and there are many legal options.

However, recreational cannabis use is viewed unfavorably by lawmakers and the influential LDS church, and even delta-8, delta-10 and other THC analogs are accounted for by the law. In a nutshell, you can get high legally in Utah if you’re a medical patient, but otherwise, you’ll have a difficult time.

Is Cannabis Legal in Utah?

Lee Johnson