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Understanding Utah Marijuana Law with Branson West Law
Branson West Law
Though medical marijuana has been legal in Utah since 2018, many Utah residents remain unsure of exactly what is and what isn’t legal in regards to cannabis within the Beehive State. If you are a resident of Utah or a visitor to the state who intends to use cannabis, here is a rundown of Utah marijuana laws; from what is and isn’t legal to potential penalties you may face if charged with breaking Utah law.
If you or a loved one are facing drug charges, it’s time to contact a skilled attorney who can help with drug charges Branson West Law is one of the most experienced and reliable drug and DUI attorneys in Utah. Schedule your free consultation today!
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Legality of Marijuana Possession in Utah
The 2018 approval of Proposition 2 legalized medical marijuana in Utah and allows patients to acquire medical marijuana from state-licensed health care providers. These facilities can grow and sell cannabis for medical use so long as they are registered with the Utah Department of Health. If you are not an authorized patient, the only cannabis option legalized for consumption can be found in no- or low-THC CBD oil.
If a patient is considering obtaining a Medical Cannabis Card, they must first ensure that they have at least one qualifying condition. These conditions include but are not limited to:
- Cancer
- Alzheimer’s disease
- Chronic and intense pain
- HIV/AIDS
- Crohn’s disease/Ulcerative colitis
- Epilepsy
- Multiple sclerosis
- Post-traumatic stress disorder (under the treatment of a licensed mental health therapist)
- Terminal illness in which life expectancy is less than six months
- Another condition that the Compassionate Use Board approves (this approval is granted on a case-by-case basis)
From there, the patient can then meet with a qualified medical professional to obtain their card. Medical marijuana can be used through select forms which include but are not limited to tablets, vaping, wax, capsules, cubes, and concentrated oil.
Though medical cannabis is legal for patients with qualifying conditions in Utah, recreational cannabis remains illegal. According to Utah marijuana law, any person that finds themselves deliberately and consciously in possession of any form of recreational marijuana (whether it be in the form of smoking or edible products) is under violation of the law.
You must be a medical marijuana patient to be in possession of any form of marijuana, and it is illegal for patients to cultivate their own medical cannabis under any circumstances.
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If you're facing criminal or DUI charges, don't wait. Branson West offers free, confidential consultations to help you understand your rights, the charges against you, and what steps to take next. With decades of experience and a deep understanding of the Utah court system, Branson provides honest, straightforward legal insight, whether you choose to move forward with him or not.
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Frequently Asked Questions
The Miranda rights for each citizen and non citizen are guaranteed by the United States Constitution. They are not required to be issued by police at the time of arrest. If this happens, your attorney may ask that any statements made to the police not be used against you in a Utah Court.
These rights include:
- the right to remain silent
- the right to a lawyer present while you are questioned
- the right to an appointed lawyer if you cannot afford one.
An arrest can be frightening and stressful. Don't hesitate to call {phone} for a free and confidential consultation or to get all your questions about your rights answered.
Even if your significant other does not testify, there can still be a case against you. If they refuse to testify, they become unavailable witnesses, but their previous statements can still be used against you. If they filled out a report on the date of your arrest, that report can be entered against you, and may be worse than if they testified at your criminal trial.
Unfortunately, the victim does not represent the government or Utah Courts. Although they are required to consider the victim's circumstances and wishes, the prosecutors ultimately represent the people of Utah and the respective cities--not the victim. They are not paid by, nor do they represent the victim, or the police, for that matter. Even if the victim, or any other involved individual wanted the prosecutor to drop a case, the decision to do so still belongs to the prosecutors.
Unfortunately, providing character witnesses won't convince a prosecutor to drop your criminal or DUI charges. Most people can find someone to vouch for them if it comes down to it. Whether or not you are a good person is not the question. You may be a valuable contributor to society, but that ultimately will not matter to the prosecutor. Their job is to evaluate the evidence and get a conviction where possible. Save your breath and hire an experienced criminal defense attorney!
This is something I hear all too often. Sometimes well-meaning cops make mistakes and sometimes they let their emotions get the best of them. Either way, this is a great reason for a criminal defense trial in Utah. Just because they said you did something, doesn't make it true! Assert your rights and fight for the truth at your trial! You would be surprised how often a jury won't believe a policeman. Do they face consequences for lying? Not unless you fight them. Make them come to court and defend their lies. You have a right to testify, if you choose, and your word is just as valuable as theirs!
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