Marijuana Use or Possession Penalty Amendments

20
77-2a-1.5
77-2a-2
0
Marijuana Use or Possession Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Grant Amjad Miller
Senate Sponsor:
LONG TITLE
General Description:
This bill amends criminal procedures concerning the use or possession of 14 grams or less
of marijuana.
Highlighted Provisions:
This bill:
requires a prosecuting attorney to offer a plea in abeyance for a first offense for use or
possession of 14 grams or less of marijuana;
provides requirements for a plea in abeyance agreement for a first offense for use or
possession of 14 grams or less of marijuana; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-2a-2
, as last amended by Laws of Utah 2025, Chapters 214, 431
ENACTS:
77-2a-1.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
77-2a-1.5
is enacted to read:
77-2a-1.5
. Offer of a plea in abeyance for certain marijuana offenses.
(1)
As used in this section:
(a)
(i)
"Convicted" means:
(A)
having entered a plea of guilty, a plea of no contest, or a plea of guilty with a
mental condition; or
(B)
having received a judgment of guilty or a judgment of guilty with a mental
condition.
(ii)
"Convicted" does not include:
(A)
an adjudication of an offense under Section
80-6-701
; or
(B)
a traffic offense.
(b)
"Traffic offense" means the same as that term is defined in Section
77-40a-1
.
(2)
A prosecuting attorney shall offer a plea in abeyance to a defendant if:
(a)
the individual has never been convicted of an offense;
(b)
the individual is charged with a class B misdemeanor offense for the use or
possession of marijuana under Subsection
58-37-8(2)(d)(i)
;
(c)
the amount of marijuana that forms the basis of the charge described in Subsection
(2)(b)
is 14 grams or less; and
(d)
the individual was 18 years old or older at the time of the offense.
(3)
A plea in abeyance under this section is subject to Subsection
77-2a-2(6)(b)
.
Section 2. Section
77-2a-2
is amended to read:
77-2a-2
. Plea in abeyance agreement -- Negotiation -- Contents -- Terms of
agreement -- Waiver of time for sentencing.
(1)
At any time after acceptance of a plea of guilty or no contest but before entry of
judgment of conviction and imposition of sentence,
the court may,
and
upon motion of
both the prosecuting attorney and the defendant,
the court may
hold the plea in abeyance
and not enter judgment of conviction against the defendant nor impose sentence upon
the defendant within the time periods contained in
Rule 22(a),
the
Utah Rules of
Criminal Procedure
, Rule 22(a)
.
(2)
A defendant shall be represented by counsel during negotiations for a plea in abeyance
and at the time of acknowledgment and affirmation of any plea in abeyance agreement
unless the defendant knowingly and intelligently waives the defendant's right to counsel.
(3)
A defendant has the right to be represented by counsel at any court hearing relating to a
plea in abeyance agreement.
(4)
(a)
Any
Subject to Subsection
(6)
, a
plea in abeyance agreement entered into
between the prosecution and the defendant and approved by the court shall
, subject
to Subsection
(7)
,
include a full, detailed recitation of the requirements and
conditions agreed to by the defendant and the reason for requesting the court to hold
the plea in abeyance.
(b)
If the plea is to a felony or any combination of misdemeanors and felonies, the
agreement shall be in writing and shall, before acceptance by the court, be executed
by the prosecuting attorney, the defendant, and the defendant's counsel in the
presence of the court.
(5)
(a)
Except as provided in
Subsection
(5)(b)
Subsections
(5)(b)
and
(5)(c)
, a plea may
not be held in abeyance for a period longer than 18 months if the plea is to any class
of misdemeanor or longer than three years if the plea is to any degree of felony or to
any combination of misdemeanors and felonies.
(b)
(i)
For a plea in abeyance agreement that the Division of Adult Probation and
Parole created in Section
64-14-202
supervises, the plea may not be held in
abeyance for a period longer than the initial term of probation required under the
adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
, if the initial term of probation is shorter than the period required
under Subsection
(5)(a)
.
(ii)
Subsection
(5)(b)(i)
does not:
(A)
apply to a plea that is held in abeyance in a drug court created under Title
78A, Chapter 5, Part 2, Drug Court, or a problem solving court approved by
the Judicial Council; or
(B)
prohibit court supervision of a plea in abeyance agreement after the day on
which the Division of Adult Probation and Parole supervision described in
Subsection
(5)(b)(i)
ends and before the day on which the plea in abeyance
agreement ends.
(6)
(c)
Notwithstanding Subsection
(5)
, a
A
plea may be held in abeyance for up to
two years if the plea is to any class of misdemeanor and the plea in abeyance
agreement includes a condition that the defendant participate in a problem solving
court approved by the Judicial Council.
(7)
(6)
(a)
A plea in abeyance agreement may not:
(a)
(i)
be approved unless the defendant, before the court, and any written
agreement, knowingly and intelligently waives time for sentencing as designated
in
Rule 22(a),
the
Utah Rules of Criminal Procedure
, Rule 22(a)
; or
(b)
(ii)
notwithstanding any other provision of law, include as part of the
requirements and conditions agreed to by the defendant that the defendant will
forfeit a firearm owned by the defendant if the offense the defendant will plea to is
not an offense that would make the defendant a restricted person under Section
76-11-302
or
76-11-303
or federal law.
(b)
For a plea in abeyance described in Section
77-2a-1.5
, the plea in abeyance
agreement:
(i)
except as provided in Subsection
(6)(b)(ii)
, may include any term as determined
by the parties; and
(ii)
if the plea in abeyance agreement includes a term of incarceration, shall require
that the term of incarceration be suspended.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-27-26 1:43 PM