Last verified: April 2026
The Statute: §58-37-8(2)(d)
Marijuana possession in Utah is governed by the Utah Controlled Substances Act, with the operative penalty subsection at Utah Code §58-37-8(2)(d). Marijuana and tetrahydrocannabinols sit on Schedule I via §58-37-4(2)(a)(iii)(S) and (AA). Concentrates and hashish — wax, shatter, resin, distillate — are folded into the marijuana definition at §58-37-2(1)(s), meaning a gram of wax is treated identically to a gram of flower for charging purposes.
The 2015 Justice Reinvestment Initiative (HB 348, sponsored by Rep. Eric Hutchings and then-Sen. Stuart Adams, signed by Gov. Herbert and effective October 1, 2015) collapsed the previous weight tiers. Before HB 348, possession charges scaled by ounce thresholds; today, possession of any quantity under 100 pounds is treated identically on first or second offense.
Possession of any amount of marijuana under 100 pounds is a Class B misdemeanor on first or second offense; a third conviction is a Class A misdemeanor; a fourth conviction within seven years is a third-degree felony. Possession of 100 pounds or more is a second-degree felony.
Utah Code §58-37-8(2)(d)
The Penalty Tiers
| Offense | Class | Maximum Jail | Maximum Fine |
|---|---|---|---|
| Possession < 100 lb — 1st offense | Class B misdemeanor | 6 months | $1,000 |
| Possession < 100 lb — 2nd offense | Class B misdemeanor | 6 months | $1,000 |
| Possession < 100 lb — 3rd offense | Class A misdemeanor | 364 days | $2,500 |
| Possession < 100 lb — 4th+ within 7 years | 3rd-degree felony | 5 years prison | $5,000 |
| Possession 100 lb or more | 2nd-degree felony | 1–15 years prison | $10,000 |
Source: Utah Code §58-37-8(2)(b)(i) and (2)(d). Weight thresholds and class designations are statutory; actual sentencing varies by court, prior record, and prosecutorial discretion.
Concentrates: Treated as Flower by Weight
Utah does not have a separate concentrate statute. Under §58-37-2(1)(s), the term “marijuana” includes “every compound, manufacture, salt, derivative, mixture, or preparation” of the plant. That captures hashish, wax, shatter, distillate, rosin, resin, and live resin. One gram of concentrate is charged identically to one gram of flower, regardless of THC content. This is significant for cardholders too: a half-gram vape cartridge counts toward the 20-gram composite-THC purchase ceiling under §26B-4-245, but criminally it counts the same as flower for non-cardholders.
Solvent-based extraction — producing butane hash oil, for example — can be charged as manufacture under §58-37-8(1), which is a third-degree felony on first offense regardless of yield.
The HB 348 “Decriminalization” Myth
A widespread claim — repeated in patient guides, social-media posts, and even some defense-firm marketing materials — states that HB 348 made small-quantity marijuana possession a civil “infraction” on first offense. This is incorrect. HB 348 did two relevant things: it reduced non-marijuana Schedule I/II first-offense possession from a felony to a Class A misdemeanor, and it eliminated the prior weight-tiered marijuana ladder. Simple marijuana possession in Utah remains a criminal Class B misdemeanor on first and second offense.
Utah defense firms Brown Bradshaw & Moffat and Levitt Legal, along with NORML Utah, have all confirmed the misreading. A Class B misdemeanor is a criminal record — it shows up on background checks, can affect housing applications, and carries collateral consequences that an infraction does not. See decriminalization attempts for current reform efforts.
Drug-Free Zone Enhancements
§58-37-8(4) bumps every drug offense one degree higher when it occurs in or near specific protected locations. The enhancement applies to any of the following spaces, and within 1,000 feet of them:
- Public or private elementary, secondary, or vocational schools
- Preschools and daycares licensed under Utah law
- Public parks, amusement parks, arcades, or recreation areas
- Public swimming pools
- Churches, synagogues, and other places of worship
- Shopping malls, sports facilities, theaters
- Public buildings, including state and federal facilities
A Class B possession charge enhanced under §58-37-8(4) becomes a Class A misdemeanor; a Class A becomes a third-degree felony; a third-degree felony becomes a second-degree felony. If a first-degree-felony enhancement is triggered (typically through a continuing-criminal-enterprise stack on top of a zone violation), the statute carries a five-year mandatory minimum.
The practical reach is sweeping. In a dense urban grid like downtown Salt Lake City, very little ground is more than 1,000 feet from a school, park, or church. Prosecutors do not have to charge the enhancement, but it is available as leverage.
First-Offender Treatment Under §58-37-8(2)(c)
Utah does not have an automatic dismissal-on-completion statute for first marijuana offenses. §58-37-8(2)(c) permits the court, in its discretion, to enter a plea in abeyance for a first-offense possession charge, conditioned on completion of a drug education or treatment program. Successful completion can result in dismissal of the charge. This is discretionary, not guaranteed, and is typically negotiated as part of a plea bargain rather than offered automatically.
Cardholders facing a possession charge should ensure the prosecutor and court are aware of card status — the Utah Medical Cannabis Act provides immunity for lawful possession by a registered cardholder under §26B-4-218, but the burden is on the defendant to invoke and document it.
Paraphernalia Stacks Onto Possession
Possession charges are routinely stacked with paraphernalia charges under the separate Utah Drug Paraphernalia Act, §58-37a-5(1). A driver pulled over with a quarter-ounce in the glove box and a vape pen on the console faces two Class B misdemeanors — possession plus paraphernalia — each carrying up to six months and $1,000. See paraphernalia for the full breakdown.
Out-of-State Visitors
Utah does not recognize out-of-state recreational legality. A Colorado, Nevada, or Arizona resident with an ounce in the trunk faces the same Utah charges as a Utah resident the moment the wheels cross I-15 or I-70. Out-of-state medical cards are also not recognized for purchase or possession under §26B-4. Visiting patients with a qualifying condition can apply through the Electronic Verification System for a 21-day non-resident card ($15 fee, renewable for up to two 21-day windows per calendar year).
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Official Sources
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