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Utah Laws & Penalties
| 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
See
- Utah Code Ann. § 58-7-8 (2015)
- Utah Code Ann. § 76-3-204 (2015)
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.
See
- Utah Code Ann. § 76-3-203 (2015)
- Utah Code Ann. § 76-3-301 (2015)
Possession of 100 pounds or more is a second degree felony punishable by 1-15 years imprisonment and a maximum fine of $10,000.
See
- Utah Code Ann. § 58-7-8 (2015)
- Utah Code Ann. §76-3-301 (2015)
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.
See
- Utah Code Ann. § 58-37-8 (2015)
- Utah Code Ann. §§ 76-3-203-301 (2015)
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 Code Ann. § 58-37-8 (2015)
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.
See
- Utah Code Ann. §§ 58-37-2-8 (2015)
- Utah Code Ann. §§ 76-3-203-301 (2015)
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.
See
- Utah Code Ann. §§ 58-37a-3-5 (2015)
- Utah Code Ann. §§ 76-3-203-301 (2015)
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 Code Ann. §§ 76-3-203-204 (2015)
- Utah Code Ann. § 76-3-301 (2015)
Miscellaneous
Any conviction will result in a driver's license suspension for 6 months.
See
- Utah Code Ann. § 53-3-2201(1)(c)(i)(A) (2015)
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 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. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.
Hemp
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.
Continuing Legal Education
8/17/2020
