New Utah Bill Would Decriminalize Marijuana, Removing The Threat Of Jail Time For Low-Level Possession

A Utah lawmaker has filed a bill for the 2026 session that would decriminalize marijuana and make it so that people caught possessing small amounts of cannabis would not face the threat of jail time for first-time offenses.

The legislation, sponsored by Rep. Grant Amjad Miller (D), would reduce the penalty for possession of up to 14 grams of marijuana to a civil infraction for a first offense, which is punishable by a fine of up to $750 with no jail time.

Under the proposal, subsequent cannabis possession offenses would be treated as misdemeanors.

“Currently, Utah is one of the 19 states where possession of a joint can still land you in jail,” the Marijuana Policy Project (MPP) said in an alert asking its supports in the state to contact their lawmakers about the bill. “Under current Utah law, possession of as little as an ounce of marijuana can result in a six-month jail sentence.

“There is no reason for a minor infraction like cannabis possession to land a person in jail or carry life-altering consequences,” MPP said.

If enacted into law, HB 253 would take effect on effect on May 6.

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“When it comes to cannabis, Utah’s laws are half baked,” Miller said in an Instagram video last year that contrasted his state’s continued criminalization approach with that of neighboring Nevada, which has legalized marijuana and is generating tax revenue from regulated sales.

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Utah does have legal medical cannabis under a law the legislature passed in 2018. And that program has significantly grown in the years since, with the state confirming last year that more than 100,000 patients were registered to participate.

State lawmakers have also taken additional steps to build upon the state’s medical marijuana law in recent sessions.

Despite being known for its political conservatism, Utah’s legislature separately passed legislation in 2024 authorizing a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option. The governor let that law take effect without his signature that year.

A poll released last year also showed that a majority of Utah voters back legalizing marijuana for adult use. But despite that support, the state’s top Republican lawmakers in the House and Senate have consistently reiterated their opposition.

Meanwhile, last August, a federal judge ruled against Utah state and county officials in a lawsuit challenging their prosecution of a Provo City-based religious group that uses the psychedelic fungi as sacrament. The church has also sued over related raids.