THC Concentrates Laws in Utah

"Dab," "wax," and "shatter" are some of the common colloquial names for cannabis concentrates, the marijuana plant extracts that frequently contain very high levels of tetrahydrocannabinol (THC). THC is the primary psychoactive constituent in cannabis. Cannabis concentrates may also be named based on the method of extraction. For example, butane hash oil (BHO) uses butane. Concentrates have much higher levels of THC than actual marijuana.

THC concentrates have become more popular in recent years partly because of the increased growth in the use of vaporizers and e-cigarettes, but also because many were legally sold as "potpourri" or "incense."

The products may have been labeled as being “Not for Human Consumption,” but law enforcement agencies in Utah have increased their efforts to crack down on the possession and manufacturing of THC concentrates.

Attorney for THC Concentrates Arrests in Utah

If you were arrested anywhere in Utah for an alleged criminal offense involving THC concentrates, it is in your best interest to quickly seek legal representation. Brown, Bradshaw & Moffat, LLP, aggressively defends clients accused of marijuana crimes in communities all over Utah, including Salt Lake County, Morgan County, Davis County, Utah County, Wasatch County, Tooele County, and Summit County.

Our Salt Lake City criminal defense lawyers will use their decades of combined experience to fight to reduce or dismiss  your criminal charges. Call (801) 532-5297 today to have our attorneys provide an honest and thorough evaluation of your case during a free initial consultation.

Overview of THC Concentrates Crimes

  • THC Concentrates Charges in Utah
  • THC Concentrates Penalties in Utah
  • Utah THC Concentrates Resources

THC Concentrates Charges in Utah

Utah Code § 58-37-3.6(2) states that an individual who possesses or distributes a cannabinoid product or an expanded cannabinoid product is not subject to the penalties for the possession or distribution of marijuana or THC to the extent that his or her possession or distribution of the cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 61 of the Utah Code, otherwise known as the Cannabinoid Research Act.

The Cannabinoid Research Act allows a person to process, possess, obtain, administer, or import a cannabinoid product or expanded cannabinoid product for the purposes of an approved study, provided that such activity complies with federal law.

Utah Code § 58-37-3.6(1) establishes the following definitions relating to the exemption for possession or distribution of a cannabinoid product or expanded cannabinoid product pursuant to an approved study:

  • Cannabis is defined as any part of the plant cannabis sativa, whether growing or not;
  • Cannabinoid product is defined as a product intended for human ingestion that contains an extract or concentrate that is obtained from cannabis, is prepared in a medicinal dosage form, and contains at least ten units of cannabidiol for every one unit of THC; and
  • Expanded cannabinoid product is defined as a product intended for human ingestion that contains an extract or concentrate that is obtained from cannabis, is prepared in a medicinal dosage form, and contains less than ten units of cannabidiol for every one unit of THC.

When a person is engaged in any activity that is not part of a study, then THC concentrates are considered part of the plant cannabis sativa and that will result in traditional criminal charges associated with marijuana offenses. Under Utah Code § 58-37-8, THC concentrates can be graded as follows, depending on the amount involved in the alleged offense and the type of alleged activity:

  • Possession of less than 1 ounce — Class B Misdemeanor;
  • Possession of 1 ounce or more but less than 16 ounces (1 pound), or possession of less than 1 ounce in a school zone — Class A Misdemeanor;
  • Possession of 16 ounces (1 pound) or more but less than 100 pounds, possession with intent to sell, or cultivation — Third-Degree Felony; and
  • Possession of more than 100 pounds, possession with intent to sell in a school zone, or distribution in a school zone — Second-Degree Felony.

THC Concentrates Penalties in Utah

Convictions for THC concentrate offenses carry the same punishments as many marijuana crimes. The extent of the punishments will depend on how the alleged offense was graded, but statutory maximums are generally as follows:

  • Class B Misdemeanor — Up to six months in jail and fine of up to $1,900 (including surcharges);
  • Class A Misdemeanor — Up to one year in jail and fine of up to $4,750 (including surcharges);
  • Third-Degree Felony — Up to five years in prison and fine of up to $9,500 (including surcharges); and
  • Second-Degree Felony — Up to 15 years in prison and fine of up to $19,000 (including surcharges).

Utah THC Concentrates Resources

House Bill 130 (HB0130) | Utah Legislature — This is the bill enacting provisions related to research of cannabis and cannabinoid products in Utah. You can read the version as it was introduced, the amended version, and the enrolled version. You can also access related documents.

Utah | Marijuana Policy Project (MPP) — The mission of the MPP is to increase public support for non-punitive, non-coercive marijuana policies, identify and activate supporters of non-punitive, non-coercive marijuana policies, change state laws to reduce or eliminate penalties for the medical and non-medical use of marijuana, and gain influence in Congress. On this section of the MPP website, you can find recent news relating to marijuana in Utah. You can also read press releases, find answers to frequently asked questions, and learn how to take action.

Find a THC Concentrates Defense Lawyer in Utah

If you were recently arrested for a THC concentrates crime in Utah, do not say anything to authorities without first contacting Brown, Bradshaw & Moffat, LLP.

Our criminal defense attorneys in Salt Lake City represent individuals in Riverton, Holladay, Taylorsville, Magna, Kearns, Midvale, Herriman, Copperton Township, Millcreek, and many surrounding areas of Salt Lake County.

Our lawyers will review your case and answer all of your legal questions when you call (801) 532-5297 or complete an online contact form to schedule a free, confidential consultation.

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