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 on the first occasion.
The legislation, sponsored by Representative Grant Amjad Miller (D), would reduce the penalty for possession of up to 14 grams of marijuana to a civil infraction for a first case, which is punishable by a fine of up to $750 with no jail time.
Under the proposal, subsequent cannabis possession cases 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 supporters 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.
A 2025 poll showed a majority of Utah voters back legalizing marijuana for adult use. But the state’s top GOP lawmakers have consistently reiterated their opposition.
“When it comes to cannabis, Utah’s laws are half baked,” Miller said in a 2025 Instagram video 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.
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 in 2025 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 alternative treatment options. The governor let that law take effect without his signature that year.
A poll released in 2025 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, in August 2025, 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 psilocybin as sacrament. The church has also sued over related raids.
Photograph via Pix4Free/Public Domain
This story was originally published by Marijuana Moment, which tracks the politics and policy of cannabis and drugs. Follow Marijuana Moment on X and Facebook, and sign up for its newsletter.
