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Cannabis in Utah is illegal for recreational use. Possession of small amounts is punishable as a misdemeanor crime. [1] [2] Medical use was legalized by ballot measure in November 2018, after a CBD-only law was passed in 2014 and a limited "right to try" law was passed in March 2018.
Utah is frequently cited as the first state to explicitly ban cannabis, which they did in 1915, though other scholars state that California was actually the first, in 1913, and that Utah's claim to be first is based on a misunderstanding of California's earlier law and the lack of public attention its passing received. [3] Scholar David E. Newton notes that Utah law is an area of controversy among cannabis historians: some scholars believe the law was a reaction to cannabis usage by Mormon returnees from Mexico following the 1910 revolution, and based on an August 1915 prohibition on cannabis by the Church of Jesus Christ of Latter-day Saints (LDS Church). Other scholars however note that cannabis was simply not an issue of public attention in Utah during that period, and submit that Utah simply banned cannabis as part of a larger anti-drug legislation based on earlier California law, rather than as a response to any cannabis situation in Utah. [4]
In March 2014, House Bill 105 was signed by Governor Gary Herbert, legalizing possession and use of low-THC CBD oil by registered patients with a physician's recommendation and intractable epilepsy. However, the bill included no provision for patients to legally acquire the oil. [5]
Senate Bill 259 [6] was a proposed by Senator Mark B. Madsen (Republican, Saratoga Springs) with eight working days left in the legislative session. Under the bill, those with AIDS, Alzheimer's disease, amyotrophic lateral sclerosis, an autoimmune disorder, cachexia or physical wasting, nausea, or malnutrition associated with chronic disease, cancer, Crohn's disease, epilepsy, or a condition that causes debilitating seizures, glaucoma, multiple sclerosis or a similar condition that causes persistent and debilitating muscle spasms, post-traumatic stress disorder, or severe, chronic pain would be able to use medical marijuana legally.
The bill was defeated in the Senate on a 15–14 vote, with several senators citing the relative rush behind the bill as the reason for their no vote. [7] Madsen stated that he would try again in the 2016 session.
In 2016, Senator Madsen again attempted to pass legislation legalizing the use of medical cannabis through Senate Bill 73. [8] The legislation would have allowed medicinal use for a host of ailments including HIV, AIDS, Alzheimer's disease, amyotrophic lateral sclerosis, cancer, cachexia, or such condition manifest by physical wasting, nausea, or malnutrition associated with chronic disease, Crohn's disease or a similar gastrointestinal disorder, epilepsy or a similar condition that causes debilitating seizures, multiple sclerosis or a similar condition that causes persistent and debilitating muscle spasms, post-traumatic stress disorder related to military service; and chronic pain in an individual. The legislation also put into place a more robust cultivation, tracking, distribution, and enforcement models in direct response to this lacking information in the 2015 bill and advocated for whole plant usage.
During debate on the bill in the Senate, Madsen made several concessions and amendments. The bill eventually passed the Senate 17-12. The House Health and Human Services Committee, however, failed to pass the bill out of committee along a 4-8 vote.
Madsen did not attempt to revive the legislation, and he chose not to run for reelection in 2016.
Also during 2016, Senator Evan Vickers (Republican, Cedar City) proposed Senate Bill 89. [9] Vickers' legislation would expand the use of low-THC CBD oil (as opposed to whole plant use) to additional illnesses and also put into place cultivation, tracking, distribution, and enforcement models, but would also include provisions for product testing and research. The legislation would pass the Senate 18-8 and the House Health and Human Services Committee by a vote of 7-5. The full House, however, did not consider the bill.
Finally, Senator Brian Shiozawa (Republican, Salt Lake City) successfully passed Senate Concurrent Resolution 11. [10] This non-binding resolution unanimously passed the Senate and House and urges Congress to reclassify marijuana as a Schedule II drug, thereby allowing study of the drug for medicinal purposes.
In February 2018, the Utah House of Representatives passed HB 195, a bill to legalize the "right to try" and grow medical marijuana plants for terminally ill patients. [11] On March 7, the bill was passed "easily" by the state senate, [12] [13] and on March 21, the governor signed it into law. [14]
On November 6, 2018, The Utah Medical Cannabis Act was passed as ballot Proposition 2. Provisions must be set by the state for dispensaries to open by January 2021.
On December 3, 2018, the Utah Legislature passed HB3001, amending the Utah Medical Cannabis Act as passed through Proposition 2. The Governor signed HB3001 into law later the same day, causing it to go into immediate effect.
In April 2016, police visited the home of Democratic gubernatorial candidate Mike Weinholtz, and seized medical marijuana belonging to his wife Donna. This occurred days before Weinholtz's acceptance of his party's nomination. Local authorities opted to pursue misdemeanor possession charges against Donna Weinholtz, and federal authorities chose not to pursue charges. Donna Weinholtz used medical marijuana to treat pain from arthritis and a degenerative spinal condition [15] In October 2016, she pled guilty to misdemeanor possession, agreeing to a fine and probation. During a news conference, Mike Weinholtz called for reform of Utah's medical marijuana system. [16]
In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in Tennessee is illegal for most use, with the exception of limited medical purposes. Possession of even small amounts is a criminal misdemeanor, but there are limited legal allowances for non-psychoactive CBD oil as medical cannabis, and the authorities have not been able to enforce the law.
Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.
Cannabis in Alabama is illegal for recreational use. First-time possession of personal amounts is a misdemeanor, punishable by up to a year in prison, a fine of up to $6000, and a mandatory six months driver's license suspension. Repeat offenses and possession with intent to sell are felonies.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in Indiana is illegal for recreational use, with the exception of limited medical usage. Possession of any amount is a Class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $1000.
Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.
Cannabis in West Virginia is illegal for recreational use, but partially decriminalized in the city of Morgantown. Possession of small amounts is a misdemeanor crime. Medical use was legalized in 2017 through legislation signed by Governor Jim Justice.
Cannabis in the United States Virgin Islands is legal for recreational use since January 18, 2023. Legislation to legalize was passed by the territorial legislature in 2022, and was signed into law on January 18. Medical use was legalized in 2019 through a bill that passed the Senate 9–4.
The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was approved by voters in the Tuesday, November 8, 2016, general election in the State of Florida. The bill required a super-majority vote to pass, with at least 60% of voters voting for support of a state constitutional amendment. Florida already had a medical marijuana law in place, but only for those who are terminally ill and with less than a year left to live. The goal of Amendment 2 is to alleviate those suffering from these medical conditions: cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualified medical condition or other debilitating medical conditions comparable to those listed. Under Amendment 2, the medical marijuana will be given to the patient if the physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. Smoking the medication was not allowed under a statute passed by the Florida State Legislature, however this ban was struck down by Leon County Circuit Court Judge Karen Gievers on May 25, 2018.
Cannabis in Rhode Island is legal for medical and adult use. Medical use was legalized through legislation approved in 2006, and adult use in 2022.
Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.
Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.
Cannabis in Minnesota is legal for recreational use as of August 1, 2023. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing the use, possession, and cultivation of cannabis within the state. Licenses for commercial sales will likely not be issued until 2025, in order for the Office of Cannabis Management to establish regulatory frameworks.
Cannabis in Illinois is legal for both medical and recreational use. Illinois became the eleventh state in the US to legalize recreational marijuana effective January 1, 2020.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in New Hampshire is illegal for recreational use and decriminalized for possession of up to three-quarters of an ounce (21 g) as of July 18, 2017. Medical use is legal through legislation passed in 2013.
Cannabis in Delaware is legal for medicinal and recreational use.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
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