Cannabis, also known as marijuana, is a preparation of the Cannabis plant intended for use as a psychoactive drug
and as medicine. The principal psychoactive constituent of cannabis is tetrahydrocannabinol (THC).
Cannabis is classified as a Schedule I drug under the federal Controlled Substances Act of 1970 and is deemed to have a high potential for abuse and no legitimate medical uses. As such, it prohibits the possession, usage, purchase, sale, and/or cultivation of marijuana.
2nd degree felony.
A defendant commits a 2nd degree felony possession of marijuana, when they knowingly
and intentionally possess or use a controlled substance analog or a controlled substance and the amount of marijuana is less than 1 ounce and
they have been previously convicted of possession of marijuana 2 or more times and
defendant is found to have been in the presence of a person younger than 18 years of age1, unless it was obtained under a valid prescription or
order, directly from a practitioner while acting in the course of the person's professional
1Utah Code Ann. §58-37-8(4)(a)(x)
2nd degree felony: A fine not to exceed $10,000, plus a 90%
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
A defendant convicted of a 2nd degree felony marijuana possession must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
Utah's Driver License Division will immediately suspend for 6 months the license of a person upon
receiving a record of a conviction for possession of marijuana.
(Utah Code Ann. §53-3-220(c))
Possession of marijuana subjects the defendant seizure and forfeiture in accordance with the
procedures and substantive protections of Utah Uniform Forfeiture Procedures Act. This means that
defendant's car, land, house, belongings, and money can be seized by the State of Utah.
(Utah Code Ann. §58-37-13)
Learn more about crimes related to Marijuana Possession . If you have any questions, please feel free to call our office at (801) 505-1586.