Marijuana laws through the country are being reformed, and some states have even voted allowing the use of cannabis for medical reasons. In Utah, marijuana laws are becoming even more complicated as the state continues to outlaw the drug, but makes certain exceptions for the partial use.
Currently in Utah, parents of children who suffer from severe epilepsy are allowed to legally obtain a marijuana extract that is said the help ease the seizures related to epilepsy. However, since the production of marijuana and its extract aren’t legal in Utah, parents have traveling to neighboring states.
Colorado, Nevada and Arizona all have some type of medical marijuana law in place that allows patients to obtain the substance for various reasons. Under Utah law, the few residents who are able to legally purchase marijuana extract could do this within one of these simple states. Transporting the cannabis-based medicines back to Utah, however, can be an issue.
Marijuana, irrespective of its use or consistency, is still considered a Schedule I substance under federal law. This means each time a parent or caregiver is transporting the substance back into Utah, he or she might be charged with a federal drug trafficking offense. This will carry harsh penalties, including lengthy prison sentences.
Utah Sen. Mark B. Madsen introduced Senate Bill 259 in the beginning of the 2015 legislative session. The bill, which eventually failed by one vote, might have implemented a fresh medical marijuana plan in the state, allowing patients experiencing AIDS, PTSD, cancer, glaucoma and other disorders to have legal usage of medical marijuana.
Even if the bill could have been approved, patients wouldn’t have already been allowed to smoke or vaporize whole plant cannabis the jungle boys. However, they could have been in a position to legally access edible medical marijuana products, tinctures and oils for the first time. Now, marijuana remains an entirely illegal substance in Utah.
Marijuana is still considered a controlled substance in Utah, and it is classified under Schedule I. This really is on a single level as codeine, morphine, LSD and peyote. Due to this classification, there are numerous criminal offenses related to marijuana under state statute 58-37-8.
If your person is in possession of marijuana, irrespective of if it is considered medicinal in another state, Utah law considers it a crime. The penalties related to the offense could be determined by the total amount of the substance in possession. Generally, possession of significantly less than one pound would be considered a misdemeanor and significantly more than that would be a felony.
Selling, manufacturing and trafficking all are considered illegal in Utah. This means even if a person can legally purchase medical marijuana in one of the nearby states like Nevada, bringing it into Utah could be considered a state trafficking offense.
As the laws continue to improve regarding medical marijuana and cannabis, it is essential to learn the laws of your home state and neighboring states. Marijuana is still considered illegal in a number of states through the country and on the federal level. If you should be charged with a marijuana-related offense, having a drug defense lawyer will make the difference in your case.