Using Medical Marijuana as a Defense for Drug Possession in Utah
Medical marijuana use has become increasingly common across the United States, but each state sets its own rules about how and when it can be used. Utah is no exception. Although medical marijuana is legal in Utah under certain conditions, that doesn’t mean you can’t be charged with drug possession. While Utah allows for legal medical cannabis use, strict rules apply, and failing to meet them can still land you in legal trouble.
What Is Allowed under Utah’s Medical Marijuana Law?
Utah passed the Utah Medical Cannabis Act in 2018, which legalized the medical use of marijuana for qualifying patients. Under this law, patients with certain medical conditions can use cannabis, but only if they follow specific steps. They must have a qualifying medical condition such as cancer, epilepsy, chronic pain, multiple sclerosis, or PTSD. Patients need a recommendation from a medical provider who is registered with the state to prescribe medical cannabis, and they must obtain a state-issued medical cannabis card. The cannabis must also be purchased through a licensed Utah medical cannabis pharmacy. Patients with a valid card can only possess certain forms of cannabis, such as oil, capsules, or edibles. Smoking marijuana is still not allowed under Utah law.
Under What Conditions May a Medical Marijuana User Be Charged with Possession?
While legal patients who are fully compliant with Utah’s medical cannabis rules generally won’t be charged with possession, many cases fall into gray areas.
No Medical Card at the Time of Arrest
If you were in the process of getting your card but hadn’t received it yet when you were arrested, you could still face charges. Utah law is strict. You must have a valid card at the time of possession. Having a recommendation from a doctor alone isn’t enough. A judge might consider whether you were making a good-faith effort to comply with the law. There is no guarantee of a dismissal or reduction in charges.
Possessing More Than Allowed
Utah’s law sets clear limits on how much cannabis a patient can possess. The law allows up to a 30-day supply of medical cannabis, as determined by the prescribing provider. You could be charged with possession beyond legal limits if caught with more than that amount, even with a card. The medical use defense would not necessarily apply in that case.
Purchasing Marijuana from Out-of-State or Unlicensed Sources
Some patients, frustrated by limited access or product selection in Utah, may purchase marijuana in nearby states like Colorado or Nevada and bring it back. Others may turn to black market sources. But doing so can invalidate your protection under Utah law. To be legal, the cannabis must be purchased through a licensed Utah medical cannabis pharmacy. The state’s medical marijuana law does not allow out-of-state cannabis or illegally sourced products.
Is There a Legal Defense?
If you meet all of Utah’s legal requirements for medical cannabis use, including having a valid card, possessing legal forms and amounts of cannabis, and buying through the proper channels, then yes, medical marijuana use can be a valid defense against possession charges.
This defense must be raised appropriately and documented. You will need to show that you have a current and valid medical cannabis card issued by the Utah Department of Health, that the cannabis was lawfully obtained and possessed within legal limits, and that you are using it to treat a qualifying condition. Any documentation gaps or law violations could weaken or eliminate this defense.
What If You’re Visiting Utah with a Medical Card from Another State?
Utah has a limited reciprocity policy for out-of-state visitors. If you have a valid medical marijuana card from another state, you may be eligible for a temporary medical cannabis card in Utah, but you must apply for it before possessing cannabis in the state. Without a temporary card, your out-of-state certification does not protect you from possession charges in Utah.
What Are the Penalties for Marijuana Possession in Utah?
Possessing marijuana without a valid medical cannabis card is considered a crime under Utah law. The penalties vary depending on the amount. Less than 1 ounce is a Class B misdemeanor punished by up to 6 months in jail and a $1,000 fine. Possession of 1 ounce to 1 pound is a Class A misdemeanor and receives up to 1 year in prison and a $2,500 fine. Having more than 1 pound is a felony, with more severe consequences, including prison time. These offenses can have long-lasting effects, including a criminal record, potential loss of employment, and difficulty obtaining housing or loans.
How Can a Lawyer Help?
If you’re facing marijuana possession charges in Utah, it’s important to consult with a criminal defense attorney who understands both drug laws and the specifics of the state’s medical cannabis program. An experienced lawyer can review your case for possible legal defenses and determine whether you qualify for protection under Utah’s medical cannabis law. They can help you gather the necessary documentation to prove your compliance with state regulations, negotiate to reduce or dismiss charges, and represent you in court. Having an attorney on your side can make a significant difference in the outcome of your case. Even if you made an honest mistake, such as forgetting to renew your medical cannabis card, an attorney may be able to help minimize the consequences.
Don’t Let a Marijuana Charge Ruin Your Future in Utah
Utah allows medical cannabis, but only under strict rules. If you’ve been arrested for marijuana possession, don’t face the system alone. At Conyers & Nix, we defend patients and protect their rights. One mistake shouldn’t define your future. Let us help you move forward. Call us at 385-469-1097 to schedule a consultation.
