With summer vacation in full swing, your vacation plans may be taking you outside Utah.
Right now, 23 states have approved recreational marijuana, and four of them border Utah. In fact, the only surrounding states that don’t allow it are Wyoming and Idaho.
Believe it or not, marijuana is not completely illegal in Utah, but it is restricted. Here are some things you can and cannot do with weed in Utah.
According to Utah Law, you can possess marijuana as long as you are doing so within certain legal boundaries. This means you have a cannabis patient card, you are buying it from an approved pharmacy, and you don’t have more than a 30-day supply in the proper dosage form.
To get a medical cannabis patient card, you have to be at least 21 years old, and your medical provider has to recommend marijuana for medical treatment. If you are between 18 and 20, you can still get a card, but you have to get an extra recommendation from the Compassionate Use Board.
It is a class A misdemeanor to possess any schedule I or II drug. That includes marijuana. If you are found guilty, that means you can get up to 364 days in jail and a possible fine of up to $2,500.
Weed is unique because if you have 100 pounds or more, that misdemeanor is bumped up to a second-degree felony. This means prison time of up to 15 years and a possible fine of up to $10,000. No other drug brings about harsher penalties for having more of it.
Cannabis contains two chemicals that get a lot of attention, cannabidiol (CBD) and tetrahydrocannabinol (THC). They are made from the exact same elements, but they are arranged differently. This makes them work differently in your body.
THC is the ingredient that makes you “high” when you take marijuana. CBD doesn’t give you that same feeling. However, it has been shown to help reduce seizures in people with epilepsy, lower cravings for people who are addicted to tobacco and heroin, and help people with insomnia get some sleep. There are also reports of CBD helping with anxiety and chronic pain, but these effects are still being studied.
Under Utah law, buying and selling CBD products is legal as long as they are part of an approved list that the state uses. If you bought a CBD product that isn’t on the list while on vacation outside the state, you can still take it home with you without any legal repercussions. Just make sure it does not have THC in it.
If you have a medical cannabis patient card, you can use marijuana in what is known as medicinal dosage form. There are a variety of things this can be including a capsule, a concentrated liquid, and an aerosol just to name a few.
However, smoking mariuana is still not allowed. If you have the patient card, and you smoke weed, that is an infraction. You can be fined up to $100. Anytime you are caught after that, you are subject to the same charge as someone who does not have the card, which is a class A misdemeanor.
If vaping is your preferred way of using marijuana, you can still do it. Utah code explicitly defines vaping as different from smoking.
If you are arrested and charged with any kind of drug-related offense, you should talk to an attorney before you talk with anyone else. Anything you say to police can be used against you, and it can be difficult to navigate your way to the best outcome possible.
The attorneys at Brown, Bradshaw & Moffat have been practicing law for over 20 years. They have helped clients in virtually every situation, and they would love to help you if you are ever in a tight situation.
Call (801) 532-5297 for a free consultation.
