Is Weed Legal in Utah? (2026)

Instrument

Medical cannabis card possession and public use rules; legal dosage limit; unlawful possession of a controlled substance

Source

https://le.utah.gov/xcode/Title26B/Chapter4/C26B-4-S216_2026050620260506.pdf

Retrieved

2026-11-07

Fingerprint

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Utah Code 26B-4-216. Medical cannabis card: patient and designated caregiver requirements; rebuttable presumption (Effective 5/6/2026)

26B-4-216 Medical cannabis card -- Patient and designated caregiver requirements --
    Rebuttable presumption.
    (1)
      (a) A medical cannabis cardholder who possesses medical cannabis that the cardholder
           purchased under this part:
        (i) shall carry:
           (A) at all times the cardholder's medical cannabis card; and
           (B) with the medical cannabis, a label that identifies that the medical cannabis was sold from
                a licensed medical cannabis pharmacy and includes an identification number that links the
                medical cannabis to the inventory control system;
        (ii) may possess up to the legal dosage limit of:
           (A) unprocessed cannabis in medicinal dosage form; and
           (B) a cannabis product in medicinal dosage form;
        (iii) may not possess more medical cannabis than described in Subsection (1)(a)(ii);
        (iv) may only possess the medical cannabis in the container in which the cardholder received
              the medical cannabis from the medical cannabis pharmacy; and
        (v) may not alter or remove any label described in Section 4-41a-602 from the container
              described in Subsection (1)(a)(iv).
      (b) Except as provided in Subsection (1)(c) or (e), a medical cannabis cardholder who possesses
           medical cannabis in violation of Subsection (1)(a) is:
        (i) guilty of an infraction; and
        (ii) subject to a $100 fine.
      (c) A medical cannabis cardholder or a nonresident patient who possesses medical cannabis in
           an amount that is greater than the legal dosage limit and equal to or less than twice the legal
           dosage limit is:
        (i) for a first offense:
           (A) guilty of an infraction; and
           (B) subject to a fine of up to $100; and
        (ii) for a second or subsequent offense:
           (A) guilty of a class B misdemeanor; and
           (B) subject to a fine of $1,000.
      (d) An individual who is guilty of a violation described in Subsection (1)(b) or (c) is not guilty
           of a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part
           2, Offenses Concerning Controlled Substances, for the conduct underlying the penalty
           described in Subsection (1)(b) or (c).
      (e) A nonresident patient who possesses medical cannabis that is not in a medicinal dosage form
           is:
        (i) for a first offense:
           (A) guilty of an infraction; and
           (B) subject to a fine of up to $100; and
        (ii) for a second or subsequent offense, is subject to the penalties described in Title 58, Chapter
              37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled
              Substances.
      (f) A medical cannabis cardholder or a nonresident patient who possesses medical cannabis
           in an amount that is greater than twice the legal dosage limit is subject to the penalties
           described in Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2,
           Offenses Concerning Controlled Substances.

    (2)
      (a) As used in this Subsection (2), "emergency medical condition" means the same as that term
           is defined in Section 31A-1-301.
      (b) Except as described in Subsection (2)(c), a medical cannabis patient cardholder, a provisional
           patient cardholder, or a nonresident patient may not use, in public view, medical cannabis or
           a cannabis product.
      (c) In the event of an emergency medical condition, an individual described in Subsection (2)(b)
           may use, and the holder of a medical cannabis guardian card or a medical cannabis caregiver
           card may administer to the cardholder's charge, in public view, cannabis in a medicinal
           dosage form or a cannabis product in a medicinal dosage form.
      (d) An individual described in Subsection (2)(b) who violates Subsection (2)(b) is:
        (i) for a first offense:
           (A) guilty of an infraction; and
           (B) subject to a fine of up to $100; and
        (ii) for a second or subsequent offense:
           (A) guilty of a class B misdemeanor; and
           (B) subject to a fine of $1,000.
    (3) If a medical cannabis cardholder carrying the cardholder's card possesses cannabis in a
        medicinal dosage form or a cannabis product in compliance with Subsection (1), or a medical
        cannabis device that corresponds with the cannabis or cannabis product:
      (a) there is a rebuttable presumption that the cardholder possesses the cannabis, cannabis
           product, or medical cannabis device legally; and
      (b) there is no probable cause, based solely on the cardholder's possession of the cannabis in
           medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis
           device, to believe that the cardholder is engaging in illegal activity.
    (4)
      (a) If a law enforcement officer stops an individual who possesses cannabis in a medicinal
           dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device,
           and the individual represents to the law enforcement officer that the individual holds a
           valid medical cannabis card, but the individual does not have the medical cannabis card
           in the individual’s possession at the time of the stop by the law enforcement officer, the
           law enforcement officer shall attempt to access the state electronic verification system to
           determine whether the individual holds a valid medical cannabis card.
      (b) If the law enforcement officer is able to verify that the individual described in Subsection (4)(a)
           is a valid medical cannabis cardholder, the law enforcement officer:
        (i) may not arrest or take the individual into custody for the sole reason that the individual is
             in possession of cannabis in a medicinal dosage form, a cannabis product in a medicinal
             dosage form, or a medical cannabis device; and
        (ii) may not seize the cannabis, cannabis product, or medical cannabis device.

    Amended by Chapter 362, 2026 General Session

Utah Code 26B-4-201(23). Definitions: legal dosage limit

(23) "Legal dosage limit" means an amount that:
      (a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the
           relevant recommending medical provider or pharmacy medical provider, in accordance with
           Subsection 26B-4-231(5), recommends; and
      (b) may not exceed:
        (i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
        (ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater
              than 20 grams of active tetrahydrocannabinol.

Utah Code 76-18-207(2) and (3). Unlawfully possessing or using a controlled substance (Effective 5/6/2026)

(2) An actor commits unlawfully possessing or using a controlled substance or a controlled
        substance analog if the actor knowingly and intentionally possesses or uses a controlled
        substance or a controlled substance analog, unless the controlled substance or controlled
        substance analog was obtained:
      (a) under a valid prescription or order;
      (b) directly from a practitioner while acting in the course of the practitioner’s professional practice;
           or
      (c) as otherwise authorized by this part or Title 58, Chapter 37, Controlled Substances.
    (3) Subject to Subsection (4), a violation of Subsection (2) is:
      (a) a second degree felony if the substance is marijuana and the amount is 100 pounds or more;
      (b) a third degree felony if:
        (i)
           (A) the substance is a substance classified in Schedule I or II or a controlled substance
               analog, not including marijuana; and
           (B) the actor’s current violation results in the actor receiving at least a third conviction under
               this section and each of the actor’s previous convictions were based on a violation
               committed within seven years before the date of the violation upon which the current
               conviction is based; or
        (ii) the violation would otherwise qualify under Subsection (3)(d), but the actor’s current violation
             results in the actor receiving at least a fourth conviction under this section and each of the
             actor’s previous convictions were based on a violation committed within seven years before
             the date of the violation upon which the current conviction is based;
      (c) a class A misdemeanor if:
        (i)
           (A) the substance is a substance classified in Schedule I or II or a controlled substance
               analog, not including marijuana; and
           (B) the current violation is the actor’s first or second conviction under this section or does not
               qualify as a third degree felony under Subsection (3)(b); or

        (ii) the violation would otherwise qualify under Subsection (3)(d), but the actor’s current violation
              results in the actor receiving at least a third conviction under this section and each of the
              actor’s previous convictions were based on a violation committed within seven years before
              the date of the violation upon which the current conviction is based; or
      (d) if Subsection (3)(a), (b), or (c) does not apply, a class B misdemeanor, including a substance
           listed in Section 58-37-109 or marijuana.