A Guide to Utah Cannabis Laws
It’s important to note that you must be at least 18-years-old to obtain a medical marijuana card in Utah, and all patients under 21 must acquire approval through the Compassionate Use Board, an organization that only takes mental health issues into consideration when issuing Medical Marijuana cards, excluding all other conditions listed as “qualifying conditions”, and makes decisions case-by-case.
Qualifying Condition
- HIV or AIDS
- Alzheimer’s disease
- Amyotrophic lateral sclerosis
- Cancer
- Cachexia
- Persistent nausea that is not significantly responsive to traditional treatment
- Crohn’s disease or ulcerative colitis
- Epilepsy or debilitating seizures
- Multiple sclerosis or persistent and debilitating muscle spasms
- Post-traumatic stress disorder currently being treated and monitored by a licensed mental health therapist
- Autism
- A terminal illness when the patient’s remaining life expectancy is less than six months
- A condition resulting in the individual receiving hospice care
- A rare condition or disease that affects less than 200,000 individuals in the United States and is not adequately managed despite treatment attempts
- Pain lasting longer than two weeks that is not adequately managed
- A condition that the Compassionate Use Board approves on an individual, case-by-case basis
How do I get a medical cannabis card?
- Individuals may apply for a medical cannabis card here. Medical cannabis cards cannot be obtained from a medical cannabis pharmacy, medical clinic, or from any entity other than the Utah Department of Health.
- The requirements to get a medical cannabis card include:
- Must be a Utah Resident;
- Must have at least one qualifying condition;
- Submit an application online;
- Meet in-person with a medical provider registered with the Utah Department of Health to recommend medical cannabis;
- The medical provider has certified your eligibility for a medical cannabis card online; and
- Pay a $15 application fee online.
- NOTE: If a patient is a minor under the age of 21 or if they are an adult over 21 but do not have a qualifying condition, the application must be reviewed by the Compassionate Use Board. A minor cannot receive a medical cannabis card unless their parent or legal guardian qualifies for a medical cannabis guardian card.
Where can I find a list of qualified medical providers registered by the Utah Department of Health to recommend medical cannabis?
- The Utah Department of Health (UDOH) has a list of medical providers who have registered with the UDOH as Qualified Medical Providers (QMPs). This list only includes those QMPs who have authorized the UDOH to post their name, specialty, and contact information on the UDOH website.
- Participation in the medical cannabis program as a medical provider is voluntary and some providers will not choose to become QMPs. If your current provider will not be participating in the program, you may choose to consult with other providers covered by your health insurance about their registration status or talk to your provider about seeing a QMP that they recommend.
How can I use marijuana in Utah?
- Despite the common knowledge that marijuana is most often smoked, sparking up (setting fire to flower) is actually prohibited in the Beehive State, as are edibles such as candies, cookies, and brownies. If you’re looking to smoke, vaping Medical Marijuana is legal in Utah, as are the following forms of ingestion:
Can I grow my own marijuana in Utah?
- No, you cannot grow your own herb in Utah. The Utah Medical Cannabis Program states that at this time, no more Cannabis Cultivation licenses are being offered in the state.
Driving high
- If you are caught driving under the influence of marijuana you can be charged with a DUI. According to La Jolla, your first offense can lead to at least 48 hours in jail, 48 hours of community service, and possible home confinement.
How much medical cannabis are card holders allowed to possess or purchase at one time?
- Qualifying patients may not possess more than an amount sufficient to provide 30 days of treatment based on the dosing guidelines recommended by their recommending medical provider and may not exceed:
- More than 113 grams of unprocessed cannabis (flower); and
- More than 20 grams of total composite THC in all other medicinal dosage forms.
- Within a 30-day period, qualifying patients may not purchase more than an amount sufficient to provide 30 days of treatment based on the dosing guidelines recommended by their recommending medical provider and may not exceed:
- more than 113 grams of unprocessed cannabis (flower); and
- more than 20 grams of total composite THC in all other medicinal dosage forms.
Utah Cannabis Advertising and Marketing Guide
- Except as provided in this chapter, a person may not advertise regarding the recommendation, sale, dispensing, or transportation of medical cannabis.
- Notwithstanding any authorization to advertise regarding medical cannabis under this chapter, the person advertising may not advertise:
- using promotional discounts or incentives;
- an assurance regarding an outcome related to medical cannabis treatment.
- Notwithstanding Subsection (1):
- To ensure that the name and logo of a licensee under this chapter have a medical rather than a recreational disposition, the name and logo of the licensee:
- may include terms and images associated with:
- a medical disposition, including “medical,” “medicinal,” “medicine,” “pharmacy,” “apothecary,” “wellness,” “therapeutic,” “health,” “care,” “cannabis,” “clinic,” “compassionate,” “relief,” “treatment,” and “patient;” or
- the plant form of cannabis, including “leaf,” “flower,” and “bloom”;
- may not include:
- any term, statement, design representation, picture, or illustration that is associated with a recreational disposition or that appeals to children;
- an emphasis on a psychoactive ingredient;
- a specific cannabis strain; or
- terms related to recreational marijuana, including “weed,” “pot,” “reefer,” “grass,” “hash,” “ganga,” “Mary Jane,” “high,” “buzz,” “haze,” “stoned,” “joint,” “bud,” “smoke,” “euphoria,” “dank,” “doobie,” “kush,” “frost,” “cookies,” “rec,” “bake,” “blunt,” “combust,” “bong,” “budtender,” “dab,” “blaze,” “toke,” or “420.”
- may include terms and images associated with:
- The department shall define standards for advertising authorized under this chapter, including names and logos in accordance with Subsection (4), to ensure a medical rather than recreational disposition.
- A QMP may not advertise that the QMP recommends medical cannabis treatment except a QMP may communicate the following through a website:
- a green cross;
- a qualifying condition that the QMP treats; and
- a scientific study regarding medical cannabis use.
Utah Marijuana Laws and Penalties
| Utah Laws and Penalties | |||
| Offense | Penalty | Incarceration | Max. Fine |
| Possession | |||
| Less than 1 oz | Misdemeanor | 6 months | $1,000 |
| 1 oz – 1 lb | Misdemeanor | 1 year | $2,500 |
| 1 – 100 lbs | Felony | 5 years | $5,000 |
| More than 100 lbs | Felony | 1 – 15 years | $10,000 |
| Sale | |||
| Any amount | Felony | 5 years | $5,000 |
| In the presence of a minor or within 1000 ft of a school and other designated public areas is subject to increased penalties. | |||
| Hash & Concentrates | |||
| Penalties for hashish are the same as for marijuana. | |||
| Paraphernalia | |||
| Possession of paraphernalia | Misdemeanor | 6 months | $1,000 |
| Sale of paraphernalia | Misdemeanor | 1 year | $2,500 |
| To a minor | Felony | 5 years | $5,000 |
| Miscellaneous | |||
| Any conviction will result in a driver’s license suspension for 6 months. |
Utah Cannabis Tax Guide
- Medical marijuana: There are no taxes on medical marijuana purchases. https://medicalcannabis.utah.gov/resources/utah-medical-cannabis-law/