Most people know, Utah marijuana laws do not allow marijuana use under any circumstances. For those that are not aware, marijuana (THC) or its metabolite can stay in a person’s system for as long as 30 days. This depends on use and other factors such as weight and activity level.
With Utah flanked by States that have medical marijuana cards, this is creating some interesting legal issues. If you are in Colorado and legally smoke marijuana and then drive through Utah two weeks later, you could possibly get a DUI for having a measurable amount of marijuana metabolite in your system.
A prosecutor does not need to prove that you smoked marijuana or possessed marijuana in Utah. They only need to prove via a urine or blood test that you have marijuana (THC) or its metabolite in your system.
Similarly, you cannot drive through Utah with any marijuana - even if the marijuana was legally obtained via a valid medical marijuana card in an adjacent State.
Another issue is firearms and medical marijuana cards.
“Without a concealed carry permit, which in Utah exempts you from BCI background checks, someone buying a gun from a licensed dealer has to fill out a federal form that asks whether you are illegally using or addicted to a drug — a question that the Bureau of Alcohol, Tobacco, Firearms and Explosives clarified in 2011 includes medical marijuana. It’s a crime to lie on the form.” Salt Lake Tribune
Read more of this Salt Lake Tribune article regarding firearms and medical marijuana cards.
If you have been arrested for any Utah Marijuana Law violations call me, I can help.
Cara Tangaro, Utah Criminal Defense Attorney