Out of state marijuana charges in Utah

Out of State Criminal Charges: Understanding Marijuana Laws in Utah

Facing out of state criminal charges for marijuana possession or paraphernalia in Utah can be stressful, especially if you’re unaware of Utah’s marijuana laws. While Utah has decriminalized certain aspects of marijuana possession under specific conditions, navigating these laws can be complicated. Hiring an experienced defense attorney is essential to protect your rights.

Out of State Criminal Charges for Marijuana Possession in Utah

If you’re traveling through or visiting Utah and charged with marijuana possession, here’s what you need to know about Utah’s decriminalization laws. As of February 28, 2020, individuals with specific medical conditions or valid medical marijuana cards may not face criminal charges for marijuana possession.

Utah Marijuana Decriminalization Laws

You may qualify for protection under Utah’s marijuana decriminalization provisions if:

1. At the time of your arrest, you were diagnosed with a qualifying medical condition and had a pre-existing relationship with an authorized medical provider.
2. You possess a valid medical marijuana card issued in your home state or Utah.
3. Your spouse qualifies under the same conditions, and you were found in possession of marijuana or marijuana paraphernalia.

If none of these apply to your situation, consult with an attorney immediately to address your out of state criminal charges effectively.

Who Can Diagnose a Qualifying Condition?

Qualified medical providers in Utah include:

• Nurse Practitioners
• Medical Doctors (MD or DO)
• Physician’s Assistants

Chiropractic physicians are not authorized to diagnose qualifying conditions for medical marijuana cards.

Qualifying Conditions for Utah’s Medical Marijuana Program

To qualify for medical marijuana use in Utah, you must have one of the following conditions:

• HIV or AIDS
• Cancer
• Multiple sclerosis or debilitating muscle spasms
• PTSD (diagnosed and monitored by a licensed mental health professional)
• Chronic pain lasting longer than two weeks and unresponsive to traditional treatment
• And other conditions listed under Utah Code Ann. 26-61-104 (2020).

If you’re unsure whether you qualify, consult with a medical provider or legal expert familiar with Utah’s medical cannabis program.

Defending Criminal Charges in Utah

If you’re facing out of state criminal charges related to marijuana while traveling in Utah, it’s essential to act quickly. Evidence such as medical documentation, valid marijuana cards, or video surveillance can support your defense. An experienced criminal defense attorney will:

• Review the specifics of your case.
• Identify applicable defenses under Utah’s decriminalization laws.
• Subpoena or request any available video evidence from the incident location.

Example Defense:
A nonresident patient with a valid medical marijuana card from their home state possesses cannabis within legal limits. In this case, the charges could be dismissed under Utah’s decriminalization laws.

Penalties for Marijuana Possession in Utah

• Simple Possession: Can result in a Class B misdemeanor with up to 6 months in jail and a fine.
• Possession with Intent to Distribute: May result in felony charges with significant penalties, including prison time.

Why Hire an Experienced Attorney?

Navigating out of state criminal charges for marijuana possession in Utah requires expert legal representation. Jake Gunter, an experienced Utah criminal defense attorney, has nearly 18 years of experience and hundreds of court appearances defending clients from across the country.

Contact Jake Gunter Today

If you’re facing out of state criminal charges while traveling in Utah, don’t delay. Call Jake Gunter at (801) 373-6345 for a free consultation. With extensive knowledge of Utah’s marijuana laws and a proven track record, Jake Gunter will fight to protect your rights.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.