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First-time marijuana possession may no longer mean jail in Utah

A marijuana cigarette sits on a counter in front of several jars of the dried plant.
Elsa Olofsson
/
Unsplash
Utah is among a shrinking number of states where possession of even a small amount of marijuana can result in jail time.

First-time possession of small amounts of marijuana could be decriminalized in Utah under a newly proposed bill.

Today, Utah is among a shrinking number of states where possession of even a small amount of marijuana can result in jail time. Under existing law, possession of up to an ounce of marijuana can carry a sentence of as much as six months behind bars.

House Bill 253, sponsored by Rep. Grant Miller, a Democrat representing House District 24, would reclassify possession of up to 14 grams of marijuana as a civil infraction for a first offense. That violation would be punishable by a fine of up to $750, with no jail time. Under the bill, repeat offenses would still be treated as misdemeanors.

Advocates with the Marijuana Policy Project voiced their support for the bill, saying criminal penalties for minor cannabis possession are disproportionate.

"Currently, Utah is one of the 19 states where possession of a joint can still land you in jail," the organization wrote on its website. "There is no reason for a minor infraction like cannabis possession to land a person in jail or carry life-altering consequences."

The newly proposed bill comes as public opinions on marijuana in Utah continue to shift. A Deseret News poll in 2025 found that 77% of Utahns support medical cannabis, and just over half favor legalizing recreational marijuana. Despite that support, the state’s top Republican leaders have repeatedly opposed legalization.

In a statement to Deseret News, Utah Senate President Stuart Adams said he would prefer to focus on the uses that truly benefit Utahns.

"Utah already has a responsible, well-balanced, and effective program that ensures individuals with chronic pain or serious illnesses have access while maintaining strong safeguards to prevent misuse," Adams said.

Utah’s medical cannabis program has expanded significantly since it was established in 2018. By 2025, state officials confirmed that more than 100,000 patients were registered. Lawmakers have also made incremental changes in recent years to expand access and refine the medical program.

More broadly, lawmakers have shown some willingness to explore alternative drug policies. In 2024, the legislature approved a pilot program allowing hospitals to administer psilocybin and MDMA for limited therapeutic uses. Psilocybin is a psychedelic substance derived from mushrooms, while MDMA is a synthetic mood-altering drug. The governor allowed that law to take effect without his signature.

Additionally, in 2019 the legislature passed the Kratom Consumer Protection Act, creating a regulatory framework for the plant-derived stimulant to be produced and sold in Utah — though a proposal to ban the substance statewide is now before the legislature.

I am undergraduate journalism student at Utah State University with an emphasis in public relations. Though I was born in Oregon, I spent my childhood moving countries every two to three years as the daughter of a Foreign Service Officer. My nomadic upbringing exposed me to a wide range of cultures and political systems, which eventually led to my interest in social and political issues as a journalist.