How Does Utah Treat Medical vs Recreational Marijuana?

 Posted on March 12, 2025 in Drug crimes

Utah has some of the strictest marijuana laws in the country. Although it legalized the use of medical cannabis in 2018, recreational use is still illegal. Since the products themselves can be extremely similar, it can be hard to understand where the distinction between what is legal and illegal lies. Medical marijuana users can even face drug charges for failing to follow the state’s strict regulations. Whether you are a medical patient or someone facing marijuana-related charges, speak with a qualified Utah criminal defense lawyer to understand the laws and how they can affect you.

How is Medical Marijuana Regulated in Utah?

Utah’s medical marijuana program allows people with qualifying conditions to obtain a Medical Cannabis Card and purchase marijuana from state-licensed dispensaries. There are strict rules governing how medical cannabis can be obtained, used, and even transported.

To legally use medical marijuana in Utah, you must:

• Be diagnosed with a qualifying condition, such as chronic pain, cancer, or PTSD

• Obtain a Medical Cannabis Card through the Utah Department of Health

• Purchase marijuana from a licensed Utah dispensary

• Follow possession limits

Anyone, even a registered patient with a Medical Cannabis Card, can face criminal charges if they violate Utah’s medical marijuana laws. For example, it is illegal to share cannabis that you legally purchased for yourself with a friend or family member who is not a registered Medical Cannabis Cardholder. Transporting cannabis across state lines, even from a legal state like Colorado or Nevada, can also result in serious drug charges. If a medical cannabis user is caught driving while impaired from what they legally purchased at a licensed dispensary, they could be charged with a DUI.

What Are the Legal Implications for Recreational Marijuana Use in Utah?

Although many other states have decriminalized recreational marijuana, it remains illegal in Utah. Possession of even small amounts can lead to serious legal consequences, including a Class B misdemeanor for possession of less than one ounce, which could result in up to six months in jail and a fine of $1,000. For possession of one to 16 ounces, that can be bumped up to a Class A misdemeanor, which carries a sentence of up to one year in jail and a $2,500 fine. If you are caught with more than 16 ounces, you could be charged with a felony and face prison time and even higher fines.

In addition to simple possession charges, you can also face charges for distribution or intent to distribute charges if you are caught with larger quantities, even if you had no intention of selling.

When Can a Criminal Defense Lawyer Help?

Even if you are legally allowed to purchase medical marijuana, there are many situations where you could face legal trouble without knowing you did anything wrong. If you are charged with illegal possession, distribution, or DUI related to marijuana, you should speak with a local criminal defense attorney immediately. A lawyer can help you challenge unlawful searches and seizures, prove medical necessity, and reduce or dismiss charges.

Schedule a Free Consultation with a Davis County, UT Criminal Defense Lawyer

Utah’s marijuana laws can be confusing, and the difference between legal medical use and illegal actions that could result in criminal charges is not always clear. A dedicated Salt Lake City, UT criminal defense attorney from Collins Rupp, P.C. can review your case and explain your options for protecting your rights. Call us at 385-777-2753 to schedule a free consultation today.