Medical Marijuana in Utah - Utah Criminal Defense Attorney
As medical marijuana use becomes legalized in more and more states,
people traveling to or through Utah increasingly find themselves facing
criminal prosecution for a substance that they are possessing or using
for medical purposes. Utah law does not recognize marijuana
prescriptions or medical marijuana cards from other states. Thus,
possessing marijuana in Utah can lead to
misdemeanor
or
felony
criminal charges.
If you are facing prosecution for marijuana possession or other
criminal charges, an experienced criminal attorney Based in Salt Lake
City, Stephen Howard
is a
criminal
defense lawyer who has successfully defended his clients'
rights in thousands of Utah felony and misdemeanor cases.
Contact us
today to arrange for an initial confidential attorney consultation.
Legalization of Marijuana for Medical Purposes in
Utah
The use of medical marijuana has been a controversial issue. Medical
uses
for marijuana are documented by some of the leading medical researchers
in the country. However, there is still a strong association
for many people between marijuana and "hard" drugs and other criminal
activity. While some states have legalized the possession of
marijuana for medical use as well as the
production of
small amounts of
marijuana for personal use, Utah law still generally makes
marijuana illegal to possess for any purpose.

Even
if your doctor has recommended or prescribed the use of marijuana
for medical purposes, you could still find yourself facing prosecution
in Utah for
possession
of a controlled substance or
possession
with the intent to distribute. Medical marijuana
possession can be a problem
particularly for people visiting Utah or traveling through the state on
their way somewhere else. While you may have a prescription that was
legitimately issued in another state, and your use of marijuana may be
strictly for medical
purposes, you can still find yourself facing prosecution.
Beginning in 2014, the Utah legislature enacted an exception to the
general prohibition against marijuana for medical purposes. The Utah
Controlled Substances Act was amended to include a new section
58-37-4.3 (
see
full text below) that legalizes the possession or use of
certain hemp extracts only for the treatment of "intractable" epilepsy.
Strict conditions must be met to qualify for this exception. But other
than this limited exception, Utah generally does
not
recognize medical marijuana as an exception to the criminal
laws governing controlled substances and the
possession of
marijuana.
Penalties for Marijuana Possession in Utah
Criminal charges for marijuana possession in Utah begin at the class B
misdemeanor level. Depending on the amount of marijuana possessed, the
proximity to a drug free zone, and any intent to distribute, the
penalties can be increased to the felony level in some cases.
Even at the class B misdemeanor level, a conviction for possession of
marijuana carries the possibility of up to six months in prison and a
fine (including surcharge) of up to $1,900. As a third-degree felony,
possession of marijuana (either by amount or for distribution) can
carry a penalty of up to five years in prison and a fine (including
surcharge) of up to $9,500.
Finding a Utah Criminal Defense Lawyer in Salt Lake City

Based
in Salt Lake City,
criminal
defense lawyer
Stephen Howard offers legal services to clients throughout Utah. He has
achieved not guilty verdicts, dismissals, and reversals on
appeal
for clients facing some of the most serious criminal charges on the
books in Utah. If you are facing prosecution for possession of
medical
marijuana,
contact us today to
schedule an initial consultation.
RELATED CRIMINAL DEFENSE TOPICS
Full
Text of Utah Code 58-37-4.3
Following is the full text of Utah Code 58-37-4.3, which provides
limited exceptions to Utah's controlled substance laws for the
possession of hemp extract for medical purposes. (Analysis and
commentary are in italics.)
Utah Code 58-37-4.3 - Exemption for Use or Possession of Hemp Extract
Subsection (1) provides
a narrow definition for the term "hemp extract" as used in this
statute. The extract can contain only limited THC and must contain no
other psychoactive substances.
(1) As used in this section, "hemp extract" means an
extract from a
cannabis plant, or a mixture or preparation containing cannabis plant
material, that:
(a) is composed of less than 0.3% tetrahydrocannabinol by
weight;
(b) is composed of at least 15% cannabidiol by weight; and
(c) contains no other psychoactive substance.
Subsection (2) sets
forth the conditions under which a person may possess or use hemp
extract as defined under subsection (1). The exceptions only apply if
the hemp extract is being used to treat "intractable" epilepsy, the
hemp extract meets certain restrictions, and the person possessing or
using the hemp extract has a current registration card issued by the
Department of Health.
(2) Notwithstanding any other provision of this chapter, an individual
who
possesses or uses hemp extract is not subject to the penalties
described in this chapter for possession or use of the hemp extract if
the individual:
(a) possesses or uses the hemp extract only to treat
intractable epilepsy, as defined in Section 26-56-102;
(b) originally obtained the hemp extract from a sealed
container with a
label indicating the hemp extract's place of origin, and a number that
corresponds with a certificate of analysis;
(c) possesses, in close proximity to the hemp extract, a
certificate of analysis that:
(i) has a number that corresponds with the number
on the label described in Subsection (2)(b);
(ii) indicates the hemp extract's ingredients,
including its percentages of tetrahydrocannabinol and cannabidiol by
weight;
(iii) is created by a laboratory that is:
(A) not affiliated with the producer
of the hemp extract; and
(B) licensed in the state where the
hemp extract was produced; and
(iv) is transmitted by the laboratory to the
Department of Health; and
(d) has a current hemp extract registration card issued by
the Department of Health under Section 26-56-103.
Subsection (3) extends
the exceptions under subsection (2) to a parent or legal guardian who
administers hemp extract to a minor.
(3) Notwithstanding any other provision of this chapter, an individual
who
possesses hemp extract lawfully under Subsection (2) and administers
hemp extract to a minor is not subject to the penalties described in
this chapter for administering the hemp extract to the minor if:
(a) the individual is the minor's parent or legal guardian;
and
(b) the individual is registered with the Department of
Health as the minor's parent under Section 26-56-103.
Finding a Marijuana Defense Attorney in Salt Lake City, Utah
If you are facing prosecution for marijuana possession or other
criminal charges, it is important to have an
experienced criminal
defense attorney on your side. Based in Salt Lake City,
criminal lawyer
Stephen Howard has successfully defended his clients' rights in
drug
cases ranging from first-degree felony distribution to misdemeanor
possession charges. He has also successfully handled a wide range of
other criminal cases ranging from homicide to
DUI, and virtually
everything in between.
Contact us today to arrange for an initial confidential attorney
consultation.