Medical Marijuana in Utah

The acceptance of medical marijuana as a viable option for treatment of several diseases and illnesses is increasing around the nation, yet some states such as Utah are still not sold on allowing complete use of the herb for medical use because of the psychoactive high that can accompany it.

Observed side effects

Medical Marijuana

Photo by: Chuck Grimmet

Medical marijuana has been a hot topic of studies for decades and there have been observed health benefits for those suffering many ailments. While some components of medical marijuana are gaining favor in the health field, one questionable side effect continues to be difficult for experts to ignore. What is likely deterring law makers from completely legalizing medical marijuana use in Utah is the psychoactive “high” that is often accompanied by red eyes, dry mouth, decreased cognitive function, and an amplified desire for food (otherwise known as the munchies).

Tetrahydrocannabinol (THC)

There are two different chemicals in marijuana that have medicinal uses. THC or tetrahydrocannabinol is the chemical in marijuana that gives users a “high” yet this same chemical that causes a temporary high has been shown to be highly effective at relieving symptoms for those suffering with:
• Chronic pain
• Asthma
• Insomnia
• Glaucoma
• Arthritis
• Lupus, and
• Decreased appetite
Even though THC has been proven to be extremely beneficial in the medical field, law makers in Utah have yet to allow its use due to the psychoactive properties. This can be frustrating for many sufferers of the above ailments, yet fortunately not all uses of medical marijuana are banned in Utah.

Cannabidiol (CBD)

Photo by: James Pallinsad

Photo by: James Pallinsad

The second chemical found in medical marijuana is cannabidiol or CBD which does not produce a high, yet is still successful at helping those suffering from:
• Autism
• Anxiety
• Multiple Sclerosis
• Schizophrenia
• Epilepsy, and
• Dravet’s syndrome
Combined with THC, CBD may also be used for those struggling with:
• IBD or Crohn’s disease
• PTSD
• Muscle spasms and tension, and
• Nausea
Currently, Utah’s medical marijuana laws only allow individuals with severe epilepsy to legally use the non-psychoactive CBD extract after first procuring it from a different state. Those suffering with chronic pain or other ailments continue to be disappointed with Utah’s strict laws on medical marijuana, however there is hope on the horizon for allowance of CBD for other ailments as well as the medical use for THC.

Possible change in store for Utah’s medical marijuana laws

After a lack of funds caused bills legalizing medical marijuana to die before ever reaching a vote, One Utah lawmaker, Rep. Gage Froerer, R-Huntsville is planning on sponsoring a bill that allows the use of medical marijuana for a wider range of illnesses which would allow strains containing both CBD and THC chemicals to be used. In case Froerer’s bill doesn’t pass, other legislative leaders are working to put a new initiative on the 2018 ballot while ensuring there is funding to support such an initiative.

Will Utah relax its stance on medical marijuana?

Photo by: David Trawin

Photo by: David Trawin

Currently, 25 states along with the nation’s capital allow the full use of both chemicals in marijuana to be used for medical reasons with a doctor’s prescription. In time there is hope that the remainder of the states will relax their stances regarding the use of marijuana to medical purposes. Until then, Utah residents are warned to refrain from possessing marijuana or visiting neighboring states which may have more lenient laws regarding marijuana use. Utah continues to carry strict penalties for simple possession of marijuana along with charges for individuals traveling from other lenient states with marijuana in their system. For more information on crimes related to marijuana use for medicinal and recreation use, contact a criminal defense attorney.

No Drugs Located after Drug Dog Alerted on Vehicle

Utah motorists may wonder what their rights are regarding searches from a drug dog of their car and what to do when no drugs are located after an alert on a vehicle.

Sniffing isn’t considered searching

Drug Dog

Photo by: David Beach

Just as an officer is allowed to look in a window to see if drugs are in plain view, a drug dog is allowed to sniff vehicles without a warrant as it doesn’t violate any rights of the motorist. The inspection by the drug dog cannot cause the motorist to be detained while the dog sniffs around however. It has to be done during the same time that an officer is performing a traffic stop for a legitimate reason.

Probable cause

If a sniffer dog alerts after sniffing a vehicle, he is giving his handler some kind of a sign, however subtle, that there are drugs in the vehicle. Once the dog has alerted, the officer then has probable cause to search the vehicle. Any drugs confiscated from that point are done so with probable cause and can be used as evidence in court.

Drug dog false alarm

One issue that occasionally comes up when a drug dog alerts during a traffic stop is that no drugs turn up inside the vehicle. When this happens, motorists may wonder whether or not the dog actually alerted on the vehicle. They may just be grateful that the alert turned out to be a false alarm and be on their way. However, their constitutional rights may have just been violated by the officer and that should not be ignored. For more information on your Fourth Amendment rights during a traffic stop, especially when it involves a drugdog contact a criminal defense attorney immediately.

Suspended Driver’s License Following Marijuana Charges

Utah residents can expect to have their driver’s license suspended following a DUI, yet they may be surprised when they lose their license following marijuana charges which were not acquired when behind the wheel.

DUI

Photo by: Nate Steiner

Photo by: Nate Steiner

Anyone who is found guilty for a DUI in Utah which includes driving with any measurable amount of a drug in their system can face anywhere from two days up to six months in jail and have their license suspended for:
• 120 days for individuals 21 years of age or older,
• One year or until age 21 for individuals who are 19 or 20 years old, or
• Until age 21 for individuals under age 19.
A driver’s license may be revoked if there are previous arrests for the same charges.

Utah Controlled Substances Act

A DUI isn’t the only marijuana charge that can end in a driver’s license being suspended. In Utah, cultivating, distributing, or even simple possession of marijuana or drug paraphernalia may result in a driver’s license being suspended for six months. Even a failed attempt to possess marijuana can result in the same suspension.

Safeguard your license after a marijuana charge

License Suspension after Marijuana Charges

Photo by: Kat

Losing a license can make it difficult or nearly impossible for some Utah residents to attend school or make it to they place of employment. Anyone facing marijuana charges should consult with a criminal defense attorney regarding protecting their driving rights. An experienced attorney can help an individual keep their driver’s license whether through helping to prove no fault or through a plea in abeyance, which may end in a fine but no driver’s license suspension.