Is Marijuana Legal in Utah?

Medical cannabis is legal in Utah, while recreational cannabis use remains prohibited under current laws.

The state’s medical cannabis program was voted into law by passing the Utah Medical Cannabis Act in November 2018. Although the law went into effect weeks later, the program has seen several changes and updates since its initial implementation. Patients are currently limited to accessing certain cannabis products, while others, such as flowers and edibles, are not allowed.

Medical Marijuana Laws in Utah

Patients who have received a recommendation from a doctor and are determined to have one or more qualifying conditions are eligible to receive a medical card and purchase cannabis for medical purposes from licensed dispensaries. Patients are not allowed to cultivate cannabis and are limited to the forms of cannabis that can be bought from Utah dispensaries.

Recreational marijuana is taken seriously by state law enforcement. Possession charges can result in between six months and one year in prison, depending on the amount of cannabis found in your possession, and range from a class B misdemeanor to a third-degree felony. Similarly, maximum fines can reach $1,000 or $2,500, depending on how much marijuana is located on your person during your arrest.

CBD and Delta-8 Laws

CBD is allowed in Utah without a medical card if it contains less than 0.3% THC. Delta-8 and other hemp-derived cannabis products, however, are against the law. Because cannabis is not recreationally legal, getting caught with delta-8 could lead to legal repercussions on par with illegally possessing traditional cannabis.

What to Know About About Medical Cannabis in Utah

While medical cannabis is legal in the Beehive State, it has certain rules and regulations surrounding what types of cannabis products are allowed and what types of medical conditions qualify for an MMJ card.

Flower and Edibles Are Not Allowed

Patients should be aware of potential limitations within Utah’s medical cannabis program. While many delivery methods for cannabis are allowed for medical patients, like vaping, consuming tablets, and more, not every form of cannabis is permitted for medicinal use. Notably, the use and sale of cannabis flower and cannabis edibles are not allowed, despite being some of the most common ways people use cannabis.

Only Certain Conditions Qualify for Medical Cannabis

Utah is strict about who can access cannabis for medicinal purposes. Current qualifying conditions include:

• AIDS/HIV
• Alzheimer’s disease
• Amyotrophic lateral sclerosis (ALS), aka Lou Gehrig’s Disease
• Autism
• Cachexia
• Cancer
• Chronic pain
• Crohn’s disease
• Debilitating seizures
• Epilepsy
• Multiple sclerosis (MS)
• Persistent, debilitating muscle spasms, such as those caused by Parkinson’s disease (PD)
• Persistent, severe nausea
• Post-traumatic stress disorder (PTSD)
• Ulcerative colitis
• A condition resulting in hospice care
• Rare conditions affecting less than 200,000 people in the United States that cannot be managed using other medicines, except for opiates and opioids
• Terminal illness with a life expectancy of under six months

Prospective patients can also petition the Utah Compassionate Use Board for a potential exception if they have conditions that are not otherwise explicitly named as qualifying conditions.

Telemedicine Is Restricted

Utah currently allows telemedicine consultations for individuals looking to renew their med card but requires prospective medical cannabis patients to see a qualified medical provider in person for their initial consultation. Additionally, patients using telehealth to renew their med card must see the same doctor who provided their initial certification.

Utah Recognizes Out-of-State Medical Cards

Utah recognizes out-of-state medical cards, provided the patient has a medical condition that qualifies under Utah law. While Utah acknowledges the validity of many out-of-state cards, you cannot use your out-of-state card at a dispensary. Instead, you must apply for a Non-Utah Resident Card online through the state’s Electronic Verification System.

Patients can apply for a Non-Utah Resident card two times within a calendar year. When approved, a temporary non-resident card is valid for up to 21 days.

Many other states and U.S. territories also have forms of cannabis reciprocity. They include:

• Arizona
• Arkansas *
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

Can You Grow Cannabis In Utah?

Since cannabis flower is not legal for medical marijuana patients, home cultivation is prohibited in Utah, even under the state’s medical marijuana program.

The Bottom Line

The medical use of marijuana is legal in Utah. To get certified, you must make an appointment with a doctor in person and have at least one qualifying condition.

CBD products that contain under 0.3% THC (like low-THC CBD oil) are also legal. The recreational use of cannabis, however, remains illegal in Utah and could lead to six months imprisonment or more, depending on the quantity found in your possession, in addition to extensive fines.