St. George Drug Crimes Attorney

Is Weed Legal in Utah?

In 2018, Utah state legislators passed the Utah Medical Cannabis Act, a more tightly-controlled, bipartisan replacement for Proposition 2. The new legislation allows certain individuals to obtain and use quality-controlled medical marijuana products from licensed pharmacists in specified doses.

Though progressive, the law is still restrictive. Possession of cannabis is still illegal in Utah, as is smoking it for recreational purposes. Those convicted of cannabis-related crimes could face serious penalties, including driver’s license revocation of up to six months in addition to fines, court costs, and potential jail time. The non-approved sale of cannabis in Utah involves particularly harsh penalties.

Depending on the unique factors involved in your situation, you could face the following penalties for possession of marijuana in Utah:

  • A Class B misdemeanor for possession under 1 ounce
  • A Class A misdemeanor for possession ranging from 1 to 16 ounces
  • A third-degree felony for possession of 1 to 100 pounds
  • A second-degree felony for possession of more than 100 pounds

Additionally, for each subsequent offense, you will face penalties one degree greater than those mentioned above. Persons with more than a pound of cannabis will generally be assumed to be drug dealers by law enforcement.

Penalties for the unlawful sale of marijuana in Utah include third-degree felony charges, second-degree felony charges for a subsequent offense charges if the alleged sale involved a minor or took place within 1,000 feet of a school. A person having a previous drug distribution conviction, who is then convicted of a first-degree felony sale of marijuana, faces comes with a five-year mandatory prison sentence, Utah remains harsh on all drug dealing crimes.

Contact Edward D. Flint for affordable and reliable criminal defense; call (435) 228-7077 for a free consultation. All calls are returned within 24 hours. 

Other Drug Laws in Utah

Under the Utah Controlled Substances Act, Utah Code 58-37, et. seq, it is illegal for a person to knowingly and intentionally possess a controlled substance unless the substance was obtained through a valid prescription. The penalties for possession include prison time depending on prior convictions.

I have obtained very good settlements for non-Utah residents who have been cited or arrested for possession of cannabis in Utah, even though they are medical cannabis patients in other states. Usually, I can go to court for you, and you never have to appear in court, and in many cases, your plea is withdrawn after a year or less, and the charges are dismissed (a plea in abeyance). When you can’t afford to take time off and travel to Utah for a misdemeanor in justice court, I can handle everything for you, and resolve your case by mail.

Utah Drug laws are some of the strictest in our country, and are taken very seriously by law enforcement and prosecutors. Those convicted of certain drug crimes could face a variety of harsh penalties, ranging from steep fines and jail time to loss of driving privileges—even if you live in another state.

If you have been arrested for or charged with a drug crime, including drug possession, drug trafficking, distribution, manufacturing, or possession of cannabis, it is important that you speak to a St. George drug crimes lawyer as soon as possible. As your trusted attorney, I can help you understand your legal options and create a solid defense aimed at protecting your rights and your future. I have more than 33 years of legal experience and have personally handled over 100 jury trials; I have the experience, resources, and skills to effectively fight for you.

Call (435) 228-7077 or submit an online contact form to get started with your free and confidential consultation today. 

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