On December 3, 2018, Governor Gary Herbert signed the Utah Medical Cannabis Act into law. This marked Utah’s first step toward legalizing medical marijuana use. The act, codified at Utah Code Ann. 26-61a-1 (2019), significantly impacts several legal sections, especially regarding the decriminalization of possession and paraphernalia. Understanding how this law affects these charges is essential for both residents and visitors.
Utah’s drug laws, found in Utah Code 58-37-1, now include a crucial new section: Marijuana decriminalization under 58-37-3.7 (2019). This section is vital for both Utah residents and out-of-state visitors. If you hold a medical marijuana card from another state, you can travel through Utah without facing criminal charges for possession.
If you do not have a medical marijuana card but have a qualifying condition diagnosed by a recognized medical provider in Utah, you may also be exempt from these charges.
Since the Utah Medical Cannabis Act is still new, attorneys have limited experience with its enforcement. Many criminal defense attorneys are becoming familiar with the statute’s complexities. This means various interpretations may arise, making it essential to have knowledgeable legal counsel if you face these charges.
If you’re an out-of-state resident facing marijuana possession or marijuana paraphernalia charges in Utah, understanding your rights is crucial. You may qualify for exemptions based on your medical condition or the possession of an out-of-state medical marijuana card. Consulting with an experienced attorney can help you navigate these complex legal issues related to these charges.
