Utah 2018 Medical Marijuana Initiative
How will the recent medical marijuana voter initiative affect
probation terms relating to marijuana use or possession in Utah?
How Utah's 2018 medical marijuana initiative will affect a person on
probation will depend on a number of factors. The two biggest factors
likely will be 1) how the legislature responded to the initiative and
what modifications it makes to the legal changes that were approved by
voters relating to marijuana; and 2) the exact terms of probation
ordered by the court.
This page presents only general information on these issues, and should
not be considered legal advice. If you are facing charges for marijuana
possession, use, or distribution, or if you are on probation or facing
a possible order to show cause, having good legal representation and
counsel specific to your circumstances is critical.
Contact us to see
what the right
attorney can do for you.
Legislative Response to Voter Initiative on Marijuana
It remains to be seen how the Utah legislature will respond to the
initiative on medical marijuana approved by Utah voters in 2018. Prior
to the actual election, legislative leaders had given strong
indications that they intended to take action regardless of which
direction the vote went. If the initiative did not pass, the legislature
was likely going to make changes to Utah law to allow some form of
medical marijuana use. If the initiative did pass (which it did), the
legislature indicated that they would likely make modifications to the
legal changes created by the initiative.
As of the date of publication for this post, the legislature has not
yet convened to make any such changes, nor have the changes established
by the initiative taken effect. With the social and cultural changes
that have occurred in recent years in relation to marijuana (both in
terms of medical use and recreational use), it seems inevitable that
medical marijuana use in some form in Utah will be approved by the
legislature.
Effect of Medical Marijuana Legalization on Probationers
How a person on probation will be affected by Utah's medical marijuana
voter initiative will depend on the specific conditions of probation
imposed by the court. Also key to assessing the effect of medical
marijuana legalization on
probationers is an understanding that a court may, as a condition of
probation in a criminal case, restrict or even completely prohibit
conduct that would otherwise be legal.

Common conditions of probation in Utah criminal cases include: no new
criminal violations of law; no illegal use of drugs or controlled
substances; and no alcohol use while on probation. Each of these
conditions can provide insight and understanding into how the medical
marijuana initiative may affect persons who are under court-ordered
probation conditions in a Utah criminal case.
No New Criminal Violations
- This is perhaps the most common probation condition imposed by Utah
courts. Judge often specifically state that this condition includes
violations of either state, local, or federal criminal law. Regardless
of how Utah chooses to legally deal with marijuana, current federal law
retains criminal provisions relating to the use, distribution, and
cultivation of marijuana. Technically, a person who is in compliance
with Utah's law governing marijuana could still be found to be in
violation of federal criminal law.
Federal prosecutors in general have not recently pursued
marijuana-related charges against individuals who are otherwise in
compliance with state and local laws governing marijuana. But a local
or state prosecutor need not establish a formal criminal conviction in
order to show that probation terms have been violated. A person
therefore need not be convicted by a federal court in order for a state
or local court to make a finding that the person had violated federal
criminal law and thus also had violated the terms of probation ordered
by the court.
No Illegal Use of Drugs
or Controlled Substances - Drug use plays a role in a
significant number of criminal cases. It is not at all uncommon for a
court to include as a condition of probation an order that a defendant
not use or possess illegal drugs or controlled substances. In some
circumstances, a court may also order affirmatively that a probationer
continue taking medications as prescribed by a licensed provider.
Even under the 2018 medical marijuana initiative as written and
approved by voters, certain requirements must still be met before a
person could use or possess marijuana without violating Utah law.
Setting aside any theoretical federal criminal charges that could be
filed, a person could still face a probation violation order to show
cause for using marijuana recreationally or for
medical purposes without complying with the terms of the relevant
statutes.
No Alcohol -
Under most circumstances, a person over the age of 21 years is legally
allowed to consume or possess alcohol. But Utah law gives a court the
authority to include as a condition of probation a complete prohibition
on the consumption and possession of alcohol. This is particularly
common in cases where a court is convinced that alcohol played a
significant role.
Similar to a complete prohibition on the use of alcohol, even if both
medical and recreational use of marijuana were allowed under Utah law,
a criminal court would likely be found to have the authority to order
probation conditions that prohibited the use or possession of
marijuana. A potential exception to a court's authority to do this
could be found if it were determined that the use of marijuana was
medically necessary.
Finding the Right Utah Attorney

Criminal charges in Utah can have a lasting impact on a person's life.Whether
filed as a
felony
or a
misdemeanor,
a criminal conviction carries serious consequences. Having the right
criminal
defense attorney on your side can be critical.
Contact us now
and see how we can help.