Utah’s State Laws on Marijuana and Firearms
Utah has taken cautious steps to legalize marijuana use, approving medical cannabis in 2018. Yet, marijuana possession remains illegal for those without a medical cannabis card. Even medical users must stay within the legal limits or risk charges. When marijuana possession is paired with a firearm, the situation gets worse.
Under Utah Code §76-10-503, individuals in possession of illegal drugs—marijuana included—can be classified as “restricted persons,” prohibited from owning or possessing firearms. This means that a person caught with marijuana and a gun faces not only drug possession charges but also felony-level firearm charges.
A Typical Scenario: The Traffic Stop
A traffic stop is often the catalyst for these charges. Here is a typical example: A driver is pulled over for speeding. The officer smells marijuana or spots drug paraphernalia. That gives them probable cause to search the car. If marijuana is found—along with a firearm—the driver could face both drug possession charges and a felony for being a restricted person in possession of a firearm.
Even if the firearm is legally owned, its presence when someone also possesses drugs makes the situation worse. Utah law doesn’t allow for much leniency in these situations.
In this case, the driver could face:
- Marijuana Possession Charges: Depending on the amount, this could range from a misdemeanor to a felony.
- Firearm Possession by a Restricted Person: A third-degree felony in most cases, punishable by up to five years in prison and a fine of up to $5,000.
If the firearm is loaded or deemed readily accessible, or if the weapon is classified as particularly dangerous (like a sawed-off shotgun), the penalties can be harsher.
The Federal Overlay
While Utah law governs many aspects of marijuana and firearm possession, federal law casts long shadow. Under the Gun Control Act of 1968, it is illegal for anyone who is an “unlawful user of or addicted to any controlled substance” to possess firearms. This is one of the federal laws President Biden’s son, Hunter, violated and why Biden pardoned him in December 2024.
Marijuana’s classification as a Schedule I controlled substance means that, in the eyes of federal law, even a medical cannabis cardholder is considered an unlawful user. For Utahns, this federal restriction creates a paradox: a person complying with state marijuana laws can still face federal charges if found in possession of a firearm. Federal penalties for this offense include up to 10 years in prison and substantial fines.
Though federal authorities typically focus on larger drug trafficking operations, individual cases involving firearms and marijuana can still draw their attention, particularly if other aggravating factors—such as large quantities of drugs or prior convictions—are present.
Consequences and Compounding Factors
For Utah residents, the combination of marijuana and firearms can lead to a tangle of charges that are difficult to untangle. Key factors that can amplify the severity of charges include:
- Amount of Marijuana: Possession of larger amounts may trigger trafficking charges.
- Firearm Status: Whether the firearm was loaded, concealed, or considered particularly dangerous can influence charges.
- Location: Possession near schools or government buildings often results in enhanced penalties.
- Criminal History: Prior drug or firearm convictions elevate the risks.
Even if marijuana possession is charged at a misdemeanor level, the accompanying firearm charge can result in a felony conviction.
What You Should Know
It’s crucial to understand how the state’s marijuana and firearm laws interact. Medical cannabis users should exercise extreme caution and avoid traveling with firearms while in possession of cannabis. Those without medical authorization face even greater risks if caught with either.
Complying with traffic laws is one way to reduce the chance of an initial stop, but once marijuana or firearms are discovered, the legal consequences are difficult to avoid.
A Broader Legal Tension
The collision of state and federal laws surrounding marijuana and firearms reflects a more significant tension in American law. As more states legalize marijuana for medical or recreational use, federal restrictions remain unchanged, creating a confusing and often contradictory landscape.
In Utah, where firearm ownership is a deeply ingrained right and marijuana laws are slowly evolving, this tension is especially pronounced. A single traffic stop can reveal the fault lines between state and federal law, leaving individuals caught in the middle to face significant penalties.
For now, the best advice for Utah residents is clear: Know the laws and understand the risks.