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HB 253

Utah House•Failed

Summary

HB 253, “Marijuana Use or Possession Penalty Amendments”, was introduced in the House on Jan 14, 2026 by Rep. Grant Miller (D). It last saw action on Mar 6, 2026: House/ filed in House file for bills not passed.

Record

Text

HB 253 has no co-sponsors and has not gone to a roll call.

hb253/substitute.txt
02-04 09:32  2nd Sub. (Gray) H.B. 253
  Grant Amjad Miller proposes the following substitute bill:
Marijuana Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Grant Amjad Miller
  Senate Sponsor:
   LONG TITLE
   General Description:
This bill changes criminal provisions, procedures, and penalties concerning marijuana.
   Highlighted Provisions:
This bill:
▸ amends offenses and penalties concerning differing amounts of marijuana;
▸ establishes a deferred prosecution process for certain first-time marijuana possession or
   use offenses; and
▸ makes technical and conforming changes.
   Money Appropriated in this Bill:
None
   Other Special Clauses:
None
   Utah Code Sections Affected:
   AMENDS:
  2nd Sub. H.B. 253
58-37-8, as last amended by Laws of Utah 2025, Chapters 141, 173, 198, 208, and 305
58-37f-201, as last amended by Laws of Utah 2023, Chapters 329, 415
58-37f-704, as last amended by Laws of Utah 2022, Chapter 116
64-14-204, as renumbered and amended by Laws of Utah 2025, Chapter 214
77-11b-102, as last amended by Laws of Utah 2025, Chapters 173, 208
77-40a-101, as last amended by Laws of Utah 2025, Chapters 173, 239
78A-7-301, as last amended by Laws of Utah 2023, Chapter 393
   ENACTS:
77-2-4.6, Utah Code Annotated 1953
   Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-37-8 is amended to read:
2nd Sub. (Gray) H.B. 253  02-04 09:32
58-37-8 . Prohibited acts -- Penalties.
   (1) Prohibited acts A -- Penalties and reporting:
(a) Except as authorized by this chapter, and under circumstances not amounting to an
offense described in Section 58-37-8.1, trafficking of fentanyl or a fentanyl-related
substance, it is unlawful for a person to knowingly and intentionally:
(i) produce, manufacture, or dispense, or to possess with intent to produce,
manufacture, or dispense, a controlled or counterfeit substance;
(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
arrange to distribute a controlled or counterfeit substance;
(iii) possess a controlled or counterfeit substance with intent to distribute; or
(iv) engage in a continuing criminal enterprise where:
(A) the person participates, directs, or engages in conduct that results in a
violation of this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter
37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled
Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a
felony; and
(B) the violation is a part of a continuing series of two or more violations of this
chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation
Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor
Act, or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are
undertaken in concert with five or more persons with respect to whom the
person occupies a position of organizer, supervisor, or any other position of
management.
(b) A person convicted of violating Subsection (1)(a) with respect to:
(i) a substance or a counterfeit of a substance classified in Schedule I or II, a
controlled substance analog, or gammahydroxybutyric acid as listed in Schedule
III is guilty of a second degree felony, punishable by imprisonment for not more
than 15 years, and upon a second or subsequent conviction is guilty of a first
degree felony;
(ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree
felony, and upon a second or subsequent conviction is guilty of a second degree
felony; or
(iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
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02-04 09:32  2nd Sub. (Gray) H.B. 253
class A misdemeanor and upon a second or subsequent conviction is guilty of a
third degree felony.
      (c)(i) Except as provided in Subsection (1)(c)(iii), a person who has been convicted
of a violation of Subsection (1)(a)(ii) or (iii) may be sentenced to imprisonment
for an indeterminate term as described in Subsection (1)(c)(ii) and Title 76,
Chapter 3, Punishments.
(ii) The court shall impose an indeterminate prison term for a person who has been
convicted of a violation of Subsection (1)(a)(ii) or (iii) that is a first degree felony
or a second degree felony if the trier of fact finds beyond a reasonable doubt that,
during the commission or furtherance of the violation, the person intentionally or
knowingly:
(A) used, drew, or exhibited a dangerous weapon, as that term is defined in
Section 76-11-101, that is not a firearm, in an angry, threatening, intimidating,
or coercive manner;
(B) used a firearm, as that term is defined in Section 76-11-101, or had a firearm
readily accessible for immediate use, as that term is defined in Section
76-11-201; or
(C) distributed a firearm, as that term is defined in Section 76-11-101, or
possessed a firearm with intent to distribute the firearm.
(iii) Notwithstanding Subsection (1)(c)(ii), a court may suspend the indeterminate
prison term for a person convicted under Subsection (1)(c)(ii) if the court:
(A) details on the record the reasons why it is in the interests of justice not to
impose the indeterminate prison term;
(B) makes a finding on the record that the person does not pose a significant
safety risk to the public; and
(C) orders the person to complete the terms and conditions of supervised
probation provided by the Department of Corrections.
      (d)(i) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
felony punishable by imprisonment for an indeterminate term of not less than:
(A) seven years and which may be for life; or
(B) 15 years and which may be for life if the trier of fact determined that the
defendant knew or reasonably should have known that any subordinate under
Subsection (1)(a)(iv)(B) was under 18 years old.
(ii) Imposition or execution of the sentence may not be suspended, and the person is
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not eligible for probation.
(iii) Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the
offense, was under 18 years old.
(e) The Administrative Office of the Courts shall report to the Division of Professional
Licensing the name, case number, date of conviction, and if known, the date of birth
of each person convicted of violating Subsection (1)(a).
(f)(i) A court shall impose the mandatory jail sentence described in Subsection
(1)(f)(ii), and may not suspend any portion of the jail sentence or grant early
release, if:
(A) the court suspends the imposition of a prison sentence for a felony conviction
under Subsection (1)(a) or sentences a person for a misdemeanor violation of
an offense under Subsection (1)(a);
(B)(I) the violation is the person's second or subsequent conviction for any
level of offense under Subsection (1)(a); or
(II) the person previously has been convicted of a criminal violation in another
jurisdiction, including a state or federal court, that is substantially
equivalent to the violation of an offense under Subsection (1)(a); and
(C) the person previously has been convicted of reentry of a removed alien under
8 U.S.C. Sec. 1326.
(ii) The mandatory jail sentences referred to in Subsection (1)(f)(i) are:
(A) for a felony or a class A misdemeanor, 360 days in jail;
(B) for a class B misdemeanor, 180 days in jail; and
(C) for a class C misdemeanor, 90 days in jail.
(iii)(A) Except as provided in Subsection (1)(f)(iii)(B), a person who is subject to
a mandatory jail sentence under Subsection (1)(f)(i) may not be released to the
federal Immigration and Customs Enforcement Agency of the United States
Department of Homeland Security for deportation until the person has served
the entire jail sentence described in Subsection (1)(f)(ii).
(B) A person may be released to the federal Immigration and Customs
Enforcement Agency of the United States Department of Homeland Security
for deportation at any time during the 14-day period before the final day of the
person's jail sentence described in Subsection (1)(f)(ii).
   (2) Prohibited acts B -- Penalties and reporting:
(a) It is unlawful:
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(i) for a person knowingly and intentionally to possess or use a controlled substance
analog or a controlled substance, unless it was obtained under a valid prescription
or order, directly from a practitioner while acting in the course of the person's
professional practice, or as otherwise authorized by this chapter;
(ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
vehicle, boat, aircraft, or other place to knowingly and intentionally permit a
person to occupy the building, room, tenement, vehicle, boat, aircraft, or other
place while the person is unlawfully manufacturing, possessing, using, or
distributing a controlled substance at that location; or
(iii) for a person knowingly and intentionally to possess an altered or forged
prescription or written order for a controlled substance.
      (b) A person convicted of violating Subsection (2)(a)(i) with respect to[:]
[(i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree
felony; or]
[(ii)] a substance classified in Schedule I or II, or a controlled substance analog, not
including marijuana, is guilty of a class A misdemeanor on a first or second
conviction, and on a third or subsequent conviction if each prior offense was
committed within seven years before the date of the offense upon which the
current conviction is based is guilty of a third degree felony.
      (c) Upon a person's conviction of a violation of this Subsection (2) [subsequent to] after a
conviction under Subsection (1)(a), that person shall be sentenced to a one degree
greater penalty than provided in this Subsection (2).
      (d)(i) A person who violates Subsection (2)(a)(i) with respect to all other controlled
substances not included in Subsection [(2)(b)(i) or (ii)] (2)(b), including a
substance listed in Section 58-37-4.2, [or] but not including marijuana, is guilty of
a class B misdemeanor.
(ii) Upon a third conviction the person is guilty of a class A misdemeanor, if each
prior offense was committed within seven years before the date of the offense
upon which the current conviction is based.
(iii) Upon a fourth or subsequent conviction the person is guilty of a third degree
felony if each prior offense was committed within seven years before the date of
the offense upon which the current conviction is based.
      (e)(i) Under circumstances not amounting to an offense described in Subsection (1)(a),
a violation of Subsection (2)(a)(i) with respect to marijuana is:
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(A) subject to Subsection (2)(e)(ii), a class B misdemeanor for less than eight
grams of marijuana;
(B) a class A misdemeanor for eight grams or more but less than 71 grams of
marijuana; or
(C) subject to Subsection (2)(e)(iii), a third degree felony for 71 grams or more of
marijuana.
(ii) A first offense under Subsection (2)(e)(i)(A) may be eligible for deferred
prosecution under Section 77-2-4.6.
(iii) An actor who possesses 71 grams or more of marijuana is presumed to be in
violation of Subsection (1)(a).
[(e)] (f) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
boundaries of property occupied by a correctional facility as defined in Section
64-13-1 or a public jail or other place of confinement shall be sentenced to a penalty
one degree greater than provided in Subsection (2)(b) or (2)(e), as applicable, and if
the conviction is with respect to controlled substances as listed in:
(i) Subsection (2)(b), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and:
(A) the court shall additionally sentence the person convicted to a term of one year
to run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate
term not to exceed five years to run consecutively and not concurrently; and
(ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and the court shall additionally sentence
the person convicted to a term of six months to run consecutively and not
concurrently.
[(f)] (g) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
(i) on a first conviction, guilty of a class B misdemeanor;
(ii) on a second conviction, guilty of a class A misdemeanor; and
(iii) on a third or subsequent conviction, guilty of a third degree felony.
[(g)] (h) The Administrative Office of the Courts shall report to the Division of
Professional Licensing the name, case number, date of conviction, and if known, the
date of birth of each person convicted of violating Subsection (2)(a).
   (3) Prohibited acts C -- Penalties:
(a) It is unlawful for a person knowingly and intentionally:
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(i) to use in the course of the manufacture or distribution of a controlled substance a
license number which is fictitious, revoked, suspended, or issued to another
person or, for the purpose of obtaining a controlled substance, to assume the title
of, or represent oneself to be, a manufacturer, wholesaler, apothecary, physician,
dentist, veterinarian, or other authorized person;
(ii) to acquire or obtain possession of, to procure or attempt to procure the
administration of, to obtain a prescription for, to prescribe or dispense to a person
known to be attempting to acquire or obtain possession of, or to procure the
administration of a controlled substance by misrepresentation or failure by the
person to disclose receiving a controlled substance from another source, fraud,
forgery, deception, subterfuge, alteration of a prescription or written order for a
controlled substance, or the use of a false name or address;
(iii) to make a false or forged prescription or written order for a controlled substance,
or to utter the same, or to alter a prescription or written order issued or written
under the terms of this chapter; or
(iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed
to print, imprint, or reproduce the trademark, trade name, or other identifying
mark, imprint, or device of another or any likeness of any of the foregoing upon
any drug or container or labeling so as to render a drug a counterfeit controlled
substance.
(b)(i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
misdemeanor.
(ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
degree felony.
(c) A violation of Subsection (3)(a)(iv) is a third degree felony.
   (4) Prohibited acts D -- Penalties:
(a) Notwithstanding other provisions of this section, a person not authorized under this
chapter who commits any act that is unlawful under Subsection (1)(a) or Section
58-37b-4 is upon conviction subject to the penalties and classifications under this
Subsection (4) if the trier of fact finds the act is committed:
(i) in a public or private elementary or secondary school or on the grounds of any of
those schools during the hours of 6 a.m. through 10 p.m.;
(ii) in a public or private vocational school or postsecondary institution or on the
grounds of any of those schools or institutions during the hours of 6 a.m. through
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10 p.m.;
(iii) in or on the grounds of a preschool or child-care facility during the preschool's or
facility's hours of operation;
(iv) in a public park, amusement park, arcade, or recreation center when the public or
amusement park, arcade, or recreation center is open to the public;
(v) in or on the grounds of a house of worship as defined in Section 76-11-201;
(vi) in or on the grounds of a library when the library is open to the public;
(vii) within an area that is within 100 feet of any structure, facility, or grounds
included in Subsections (4)(a)(i) through (vi);
(viii) in the presence of a person younger than 18 years old, regardless of where the
act occurs; or
(ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
distribution of a substance in violation of this section to an inmate or on the
grounds of a correctional facility as defined in Section 76-8-311.3.
      (b)(i) A person convicted under this Subsection (4) is guilty of a first degree felony
and shall be imprisoned for a term of not less than five years if the penalty that
would otherwise have been established but for this Subsection (4) would have
been a first degree felony.
(ii) Imposition or execution of the sentence may not be suspended, and the person is
not eligible for probation.
      (c) If the classification that would otherwise have been established would have been less
than a first degree felony but for this Subsection (4), a person convicted under this
Subsection (4) is guilty of one degree more than the maximum penalty prescribed for
that offense.
      (d)(i) If the violation is of Subsection (4)(a)(ix):
(A) the person may be sentenced to imprisonment for an indeterminate term as
provided by law, and the court shall additionally sentence the person convicted
for a term of one year to run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate
term not to exceed five years to run consecutively and not concurrently; and
(ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with
the mental state required for the commission of an offense, directly or indirectly
solicits, requests, commands, coerces, encourages, or intentionally aids another
person to commit a violation of Subsection (4)(a)(ix).
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(e) It is not a defense to a prosecution under this Subsection (4) that:
(i) the actor mistakenly believed the individual to be 18 years old or older at the time
of the offense or was unaware of the individual's true age; or
(ii) the actor mistakenly believed that the location where the act occurred was not as
described in Subsection (4)(a) or was unaware that the location where the act
occurred was as described in Subsection (4)(a).
   (5) A violation of this chapter for which no penalty is specified is a class B misdemeanor.
   (6)(a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
guilty or no contest to a violation or attempted violation of this section or a plea
which is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the
equivalent of a conviction, even if the charge has been subsequently reduced or
dismissed in accordance with the plea in abeyance agreement.
(b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
conviction that is:
(i) from a separate criminal episode than the current charge; and
(ii) from a conviction that is separate from any other conviction used to enhance the
current charge.
   (7) A person may be charged and sentenced for a violation of this section, notwithstanding
a charge and sentence for a violation of any other section of this chapter.
   (8)(a) A penalty imposed for violation of this section is in addition to, and not in lieu of,
a civil or administrative penalty or sanction authorized by law.
(b) When a violation of this chapter violates a federal law or the law of another state,
conviction or acquittal under federal law or the law of another state for the same act
is a bar to prosecution in this state.
   (9) In any prosecution for a violation of this chapter, evidence or proof that shows a person
or persons produced, manufactured, possessed, distributed, or dispensed a controlled
substance or substances, is prima facie evidence that the person or persons did so with
knowledge of the character of the substance or substances.
   (10) This section does not prohibit a veterinarian, in good faith and in the course of the
veterinarian's professional practice only and not for humans, from prescribing,
dispensing, or administering controlled substances or from causing the substances to be
administered by an assistant or orderly under the veterinarian's direction and supervision.
   (11) Civil or criminal liability may not be imposed under this section on:
(a) a person registered under this chapter who manufactures, distributes, or possesses an
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imitation controlled substance for use as a placebo or investigational new drug by a
registered practitioner in the ordinary course of professional practice or research;
(b) a law enforcement officer acting in the course and legitimate scope of the officer's
employment; or
(c) a healthcare facility, substance use harm reduction services program, or drug
addiction treatment facility that temporarily possesses a controlled or counterfeit
substance to conduct a test or analysis on the controlled or counterfeit substance to
identify or analyze the strength, effectiveness, or purity of the substance for a public
health or safety reason.
   (12)(a) Civil or criminal liability may not be imposed under this section on any Indian,
as defined in Section 58-37-2, who uses, possesses, or transports peyote for bona fide
traditional ceremonial purposes in connection with the practice of a traditional Indian
religion as defined in Section 58-37-2.
(b) In a prosecution alleging violation of this section regarding peyote as defined in
Section 58-37-4, it is an affirmative defense that the peyote was used, possessed, or
transported by an Indian for bona fide traditional ceremonial purposes in connection
with the practice of a traditional Indian religion.
(c)(i) The defendant shall provide written notice of intent to claim an affirmative
defense under this Subsection (12) as soon as practicable, but not later than 10
days before trial.
(ii) The notice shall include the specific claims of the affirmative defense.
(iii) The court may waive the notice requirement in the interest of justice for good
cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely
notice.
(d) The defendant shall establish the affirmative defense under this Subsection (12) by a
preponderance of the evidence. If the defense is established, it is a complete defense
to the charges.
   (13)(a) It is an affirmative defense that the person produced, possessed, or administered
a controlled substance listed in Section 58-37-4.2 if the person was:
(i) engaged in medical research; and
(ii) a holder of a valid license to possess controlled substances under Section 58-37-6.
(b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed a
controlled substance listed in Section 58-37-4.2.
   (14) It is an affirmative defense that the person possessed, in the person's body, a controlled
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substance listed in Section 58-37-4.2 if:
(a) the person was the subject of medical research conducted by a holder of a valid
license to possess controlled substances under Section 58-37-6; and
(b) the substance was administered to the person by the medical researcher.
   (15) The application of any increase in penalty under this section to a violation of
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony.
This Subsection (15) takes precedence over any conflicting provision of this section.
   (16)(a) It is an affirmative defense to an allegation of the commission of an offense
listed in Subsection (16)(b) that the person or bystander:
(i) reasonably believes that the person or another person is experiencing an overdose
event due to the ingestion, injection, inhalation, or other introduction into the
human body of a controlled substance or other substance;
(ii) reports, or assists a person who reports, in good faith the overdose event to a
medical provider, an emergency medical service provider as defined in Section
53-2d-101, a law enforcement officer, a 911 emergency call system, or an
emergency dispatch system, or the person is the subject of a report made under
this Subsection (16);
(iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
actual location of the overdose event that facilitates responding to the person
experiencing the overdose event;
(iv) remains at the location of the person experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider
arrives, or remains at the medical care facility where the person experiencing an
overdose event is located until a responding law enforcement officer arrives;
(v) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding
the person experiencing the overdose event and any substances the person may
have injected, inhaled, or otherwise introduced into the person's body; and
(vi) is alleged to have committed the offense in the same course of events from which
the reported overdose arose.
(b) The offenses referred to in Subsection (16)(a) are:
(i) the possession or use of less than [16 ounces] 71 grams of marijuana;
(ii) the possession or use of a scheduled or listed controlled substance other than
marijuana; and
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(iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
Imitation Controlled Substances Act.
(c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
include seeking medical assistance under this section during the course of a law
enforcement agency's execution of a search warrant, execution of an arrest warrant,
or other lawful search.
   (17) If any provision of this chapter, or the application of any provision to any person or
circumstances, is held invalid, the remainder of this chapter shall be given effect without
the invalid provision or application.
   (18) A legislative body of a political subdivision may not enact an ordinance that is less
restrictive than any provision of this chapter.
   (19) If a minor who is under 18 years old is found by a court to have violated this section or
Subsection 76-5-102.1(2)(b) or 76-5-207(2)(b), the court may order the minor to
complete:
(a) a screening as defined in Section 41-6a-501;
(b) an assessment as defined in Section 41-6a-501 if the screening indicates an
assessment to be appropriate; and
(c) an educational series as defined in Section 41-6a-501 or substance use disorder
treatment as indicated by an assessment.
Section 2. Section 58-37f-201 is amended to read:
58-37f-201 . Controlled substance database -- Creation -- Purpose.
   (1) There is created within the division a controlled substance database.
   (2) The division shall administer and direct the functioning of the database in accordance
with this chapter.
   (3) The division may, under state procurement laws, contract with another state agency or a
private entity to establish, operate, or maintain the database.
   (4) The division shall, in collaboration with the board, determine whether to operate the
database within the division or contract with another entity to operate the database,
based on an analysis of costs and benefits.
   (5) The purpose of the database is to contain:
(a) the data described in Section 58-37f-203 regarding prescriptions for dispensed
controlled substances;
(b) data reported to the division under Section 26B-2-225 regarding poisoning or
overdose;
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(c) data reported to the division under Subsection 41-6a-502(5) or 41-6a-502.5(5)(b)
regarding convictions for driving under the influence of a prescribed controlled
substance or impaired driving; and
(d) data reported to the division under Subsection 58-37-8(1)(e) or [58-37-8(2)(g)]
58-37-8(2)(h) regarding certain violations of Chapter 37, Utah Controlled Substances
Act.
   (6) The division shall maintain the database in an electronic file or by other means
established by the division to facilitate use of the database for identification of:
(a) prescribing practices and patterns of prescribing and dispensing controlled
substances;
(b) practitioners prescribing controlled substances in an unprofessional or unlawful
manner;
(c) individuals receiving prescriptions for controlled substances from licensed
practitioners, and who subsequently obtain dispensed controlled substances from a
drug outlet in quantities or with a frequency inconsistent with generally recognized
standards of dosage for that controlled substance;
(d) individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to a pharmacy;
(e) individuals admitted to a general acute hospital for poisoning or overdose involving a
prescribed controlled substance; and
(f) individuals convicted for:
(i) driving under the influence of a prescribed controlled substance that renders the
individual incapable of safely operating a vehicle;
(ii) driving while impaired, in whole or in part, by a prescribed controlled substance;
or
(iii) certain violations of Chapter 37, Utah Controlled Substances Act.
Section 3. Section 58-37f-704 is amended to read:
58-37f-704 . Entering certain convictions into the database.
      Beginning October 1, 2016, if the division receives a report from a court under
   Subsection 58-37-8(1)(e) or [58-37-8(2)(g)] 58-37-8(2)(h), the division shall daily enter into
   the database the information supplied in the report.
Section 4. Section 64-14-204 is amended to read:
64-14-204 . Supervision of sentenced offenders placed in community --
   Rulemaking -- POST certified parole or probation officers and peace officers -- Duties --
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   Supervision fee -- Coordination with local mental health authority.
   (1)(a) The division, except as otherwise provided by law, shall supervise a sentenced
offender placed in the community if the offender:
(i)(A) is placed on probation by a court;
(B) is released on parole by the Board of Pardons and Parole; or
(C) is accepted for supervision under the terms of the Interstate Compact for the
Supervision of Parolees and Probationers; and
(ii) has been convicted of:
(A) a felony;
(B) a class A misdemeanor when an element of the offense is the use or attempted
use of physical force against an individual or property; or
(C) notwithstanding Subsection (1)(a)(ii)(B), a class A misdemeanor if the
division is ordered by a court to supervise the offender under Section 77-18-105.
(b) If a sentenced offender participates in substance use treatment or a residential
vocational or life skills program, as defined in Section 13-53-102, while under
supervision on probation or parole, the division shall monitor the offender's
compliance with and completion of the treatment or program.
(c) The department shall establish standards for:
(i) the supervision of offenders in accordance with the adult sentencing and
supervision length guidelines, as defined in Section 63M-7-401.1, giving priority,
based on available resources, to felony offenders and offenders sentenced under
Subsection [58-37-8 (2)(b)(ii)] 58-37-8(2)(b); and
(ii) the monitoring described in Subsection (1)(b).
   (2) The division shall apply the graduated and evidence-based responses established in the
adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1,
to facilitate a prompt and appropriate response to an individual's violation of the terms of
probation or parole, including:
(a) sanctions to be used in response to a violation of the terms of probation or parole; and
(b) requesting approval from the court or Board of Pardons and Parole to impose a
sanction for an individual's violation of the terms of probation or parole, for a period
of incarceration of not more than three consecutive days and not more than a total of
six days within a period of 30 days.
   (3) The division shall implement a program of graduated incentives as established in the
adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1
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to facilitate the department's prompt and appropriate response to an offender's:
(a) compliance with the terms of probation or parole; or
(b) positive conduct that exceeds those terms.
   (4)(a) The department shall, in collaboration with the State Commission on Criminal and
Juvenile Justice and the Division of Substance Use and Mental Health, create
standards and procedures for the collection of information, including cost savings
related to recidivism reduction and the reduction in the number of inmates, related to
the use of the graduated and evidence-based responses and graduated incentives, and
offenders' outcomes.
(b) The collected information shall be provided to the State Commission on Criminal
and Juvenile Justice not less frequently than annually on or before August 31.
   (5) Employees of the division who are POST certified as law enforcement officers or
correctional officers and who are designated as parole and probation officers by the
executive director have the following duties:
(a) monitoring, investigating, and supervising a parolee's or probationer's compliance
with the conditions of the parole or probation agreement;
(b) investigating or apprehending any offender who has escaped from the custody of the
department or absconded from supervision by the division;
(c) supervising any offender during transportation; or
(d) collecting DNA specimens when the specimens are required under Section 53-10-404.
   (6)(a)(i) A monthly supervision fee of $30 shall be collected from each offender on
probation or parole.
(ii) The fee described in Subsection (6)(a)(i) may be suspended or waived by the
division upon a showing by the offender that imposition would create a substantial
hardship or if the offender owes restitution to a victim.
(b)(i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying the criteria for suspension or waiver
of the supervision fee and the circumstances under which an offender may request
a hearing.
(ii) In determining whether the imposition of the supervision fee would constitute a
substantial hardship, the division shall consider the financial resources of the
offender and the burden that the fee would impose, with regard to the offender's
other obligations.
(c) The division shall deposit money received from the monthly supervision fee
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established in this Subsection (6) into the General Fund as a parole and probation
dedicated credit to be used to cover costs incurred in the collection of the fee and in
the development of offender supervision programs.
   (7)(a) For offenders placed on probation under Section 77-18-105 or parole under
Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019,
the division shall establish a program allowing an offender to earn a reduction credit
of 30 days from the offender's period of probation or parole for each month the
offender complies with the terms of the offender's probation or parole agreement,
including the case action plan.
(b)(i) For offenders placed on probation under Section 77-18-105 or parole under
Section 76-3-202 on or after July 1, 2026, the division shall establish a program,
consistent with the adult sentencing and supervision length guidelines, as defined
in Section 63M-7-401.1, to provide incentives for an offender that maintains
eligible employment, as defined in Section 64-13g-101.
(ii) The program under Subsection (7)(b)(i) may include a credit towards the
reduction of the length of supervision for an offender at a rate of up to 30 days for
each month that the offender maintains eligible employment, as defined in Section
64-13g-101.
(iii) A court, or the Board of Pardons and Parole, is not required to grant a request for
termination of supervision under the program described in this Subsection (7)(b) if
the court, or the Board of Pardons and Parole, finds that:
(A) the offender presents a substantial risk to public safety;
(B) termination would prevent the offender from completing risk reduction
programming or treatment; or
(C) the eligibility criteria for termination of supervision, as established in the adult
sentencing and supervision length guidelines, as defined in Section
63M-7-401.1, have not been met.
(iv) This Subsection (7)(b) does not prohibit the division, or another supervision
services provider, from requesting termination of supervision based on the
eligibility criteria in the adult sentencing and supervision length guidelines, as
defined in Section 63M-7-401.1.
(c) The division shall:
(i) maintain a record of credits earned by an offender under this Subsection (7); and
(ii) request from the court or the Board of Pardons and Parole the termination of
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probation or parole not fewer than 30 days [prior to] before the termination date
that reflects the credits earned under this Subsection (7).
(d) This Subsection (7) does not prohibit the division from requesting a termination date
earlier than the termination date established by earned credits under Subsection (7)(c).
(e) The court or the Board of Pardons and Parole shall terminate an offender's probation
or parole upon completion of the period of probation or parole accrued by time
served and credits earned under this Subsection (7) unless the court or the Board of
Pardons and Parole finds that termination would interrupt the completion of a
necessary treatment program, in which case the termination of probation or parole
shall occur when the treatment program is completed.
(f) The department shall report annually to the State Commission on Criminal and
Juvenile Justice on or before August 31:
(i) the number of offenders who have earned probation or parole credits under this
Subsection (7) in one or more months of the preceding fiscal year and the
percentage of the offenders on probation or parole during that time that this
number represents;
(ii) the average number of credits earned by those offenders who earned credits;
(iii) the number of offenders who earned credits by county of residence while on
probation or parole;
(iv) the cost savings associated with sentencing reform programs and practices; and
(v) a description of how the savings will be invested in treatment and
early-intervention programs and practices at the county and state levels.
   (8)(a) The department shall coordinate with a local mental health authority to complete
the requirements of this Subsection (8) for an offender who:
(i) is a habitual offender as that term is defined in Section 77-18-102;
(ii) has a mental illness as that term is defined in Section 26B-5-301; and
(iii) based on a risk and needs assessment:
(A) is at a high risk of reoffending; and
(B) has risk factors that may be addressed by available community-based services.
(b) For an offender described in Subsection (8)(a), at any time clinically appropriate or
at least three months before termination of an offender's parole or expiration of an
offender's sentence, the department shall coordinate with the Department of Health
and Human Services and the relevant local mental health authority to provide
applicable clinical assessments and transitional treatment planning and services for
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the offender so that the offender may receive appropriate treatment and support
services after the termination of parole or expiration of sentence.
(c) The local mental health authority may determine whether the offender:
(i) meets the criteria for civil commitment;
(ii) meets the criteria for assisted outpatient treatment; or
(iii) would benefit from assignment to an assertive community treatment team or
available community-based services.
(d) Based on the local mental health authority's determination under Subsection (8)(c),
the local mental health authority shall, as appropriate:
(i) initiate an involuntary commitment court proceeding;
(ii) file a written application for assisted outpatient treatment; or
(iii) seek to have the offender assigned to an assertive community treatment team or
available community-based services.
(e) On or before November 1, 2025, the department shall provide a report to the Law
Enforcement and Criminal Justice Interim Committee regarding any proposed
changes to the requirements in this Subsection (8), including whether the
requirements of this Subsection (8) should also apply to any other category of
offenders.
Section 5. Section 77-2-4.6 is enacted to read:
77-2-4.6 . Deferred prosecution for certain marijuana use or possession offenses.
   (1) As used in this section:
(a) "Deferral period" means the 12-month period following the date on which an
individual submits an application for deferred prosecution.
(b) "Deferred prosecution" means the deferral of prosecution of an individual charged
with an eligible marijuana offense if the individual complies with the requirements
described in Subsections (2) and (3).
(c) "Drug offense" means an offense described in:
(i) Title 58, Chapter 37, Utah Controlled Substances Act;
(ii) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(iii) Title 58, Chapter 37b, Imitation Controlled Substances Act;
(iv) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(v) Title 58, Chapter 37d, Clandestine Drug Lab Act.
(d) "Eligible marijuana offense" means an individual's first drug offense that is a
marijuana offense punishable as a class B misdemeanor under Subsection
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58-37-8(2)(e)(i)(A).
(e) "Marijuana offense" means a violation of Subsection 58-37-8(2)(a)(i) for the use or
possession of marijuana.
   (2)(a) Except as provided in Subsection (2)(b), for an offense committed on or after
October 1, 2026, an individual who is charged with an eligible marijuana offense
may apply for deferred prosecution under Subsection (3).
(b) The following individuals may not apply for or be granted a deferred prosecution as
described in this section:
(i) an individual under 21 years old; or
(ii) an individual with a commercial driver license.
   (3) An individual who applies for deferred prosecution shall:
(a) apply through an online application process developed by the Administrative Office
of the Courts;
(b) pay the relevant fine, as provided by the uniform fine schedule described in Section
76-3-301.5, associated with the eligible marijuana offense;
(c) pay an administrative fee as established by the Judicial Council; and
(d) enter a deferred plea of no contest as described in Subsection (4).
   (4) If an eligible individual applies for deferred prosecution, the court shall:
(a) record the deferred plea of no contest;
(b) not enter the deferred plea of no contest unless the individual fails to comply with the
terms of the deferred prosecution; and
(c) if the individual fails to comply with the terms of the deferred prosecution, enter a
judgment of conviction as described in Subsection (5)(b).
   (5)(a) Except as provided in Subsection (5)(b), if an individual enters a deferred plea of
no contest as described in Subsection (3)(d) and is not convicted of another drug
offense during the deferral period:
(i) the prosecutor may not prosecute the individual for the eligible marijuana offense
subject to the deferred prosecution;
(ii) the court may not enter judgment of conviction against the individual or impose a
sentence for the eligible marijuana offense; and
(iii) the court shall dismiss the eligible marijuana offense to which the individual
entered a deferred plea of no contest.
(b) If an individual enters a deferred plea of no contest as described in Subsection (3)(d)
and is convicted of a drug offense within the deferral period, the court shall enter
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judgment of conviction against the individual for the eligible marijuana offense to
which the individual entered a deferred plea of no contest.
   (6) A deferred prosecution is not a prosecution for purposes of Section 76-1-403.
   (7)(a) The Judicial Council shall set and periodically adjust the fee described in
Subsection (3)(c) in an amount that the Judicial Council determines to be necessary
to cover the cost to implement, operate, and maintain the deferred prosecution
program described in this section.
(b) The state treasurer shall deposit the revenue generated from the administrative fee
described in Subsection (3)(c) into the Justice Court Technology, Security, and
Training Account created in Section 78A-7-301.
Section 6. Section 77-11b-102 is amended to read:
77-11b-102 . Property subject to forfeiture.
   (1)(a) Except as provided in Subsection (2), (3), (4), or (5), an agency may seek to
forfeit:
(i) seized property that was used to facilitate the commission of an offense that is a
violation of federal or state law; or
(ii) seized proceeds.
(b) An agency, or the prosecuting attorney, may not forfeit the seized property of an
innocent owner or an interest holder.
   (2) If seized property is used to facilitate an offense that is a violation of Section 76-5c-202,
76-5c-203, 76-5c-204, 76-5c-205, 76-5c-206, or 76-5c-305, an agency may not forfeit
the property if the forfeiture would constitute a prior restraint on the exercise of an
affected party's rights under the First Amendment to the Constitution of the United
States or Utah Constitution, Article I, Section 15, or would otherwise unlawfully
interfere with the exercise of the party's rights under the First Amendment to the
Constitution of the United States or Utah Constitution, Article I, Section 15.
   (3) If a motor vehicle is used in an offense that is a violation of Section 41-6a-502[,] or
41-6a-517, a local ordinance that complies with the requirements of Subsection
41-6a-510(1), Subsection 76-5-102.1(2)(b), or Section 76-5-207, an agency may not
seek forfeiture of the motor vehicle, unless:
(a) the operator of the vehicle has previously been convicted of an offense committed
after May 12, 2009, that is:
(i) a felony driving under the influence violation under Section 41-6a-502 or
Subsection 76-5-102.1(2)(a);
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(ii) a felony violation under Subsection 76-5-102.1(2)(b);
(iii) a violation under Section 76-5-207; or
(iv) operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8(2)(g); or
(b) the operator of the vehicle was driving on a denied, suspended, revoked, or
disqualified license and:
(i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
was imposed because of a violation under:
(A) Section 41-6a-502;
(B) Section 41-6a-517;
(C) a local ordinance that complies with the requirements of Subsection
41-6a-510(1);
(D) Section 41-6a-520.1;
(E) operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8(2)(g);
(F) Section 76-5-102.1;
(G) Section 76-5-207; or
(H) a criminal prohibition as a result of a plea bargain after having been originally
charged with violating one or more of the sections or ordinances described in
Subsections (3)(b)(i)(A) through (G); or
(ii) the denial, suspension, revocation, or disqualification described in Subsection
(3)(b)(i):
(A) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension,
revocation, or disqualification; and
(B) the original denial, suspension, revocation, or disqualification was imposed
because of a violation described in Subsection (3)(b)(i).
   (4) If a peace officer seizes property incident to an arrest solely for possession of a
controlled substance under Subsection 58-37-8(2)(a)(i)[ but not Subsection
58-37-8(2)(b)(i)], an agency may not seek to forfeit the property that was seized in
accordance with the arrest.
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   (5) If a peace officer seizes an individual's firearm as the result of an offense under Section
76-11-218, an agency may not seek to forfeit the individual's firearm if the individual
may lawfully possess the firearm.
Section 7. Section 77-40a-101 is amended to read:
77-40a-101 . Definitions.
      As used in this chapter:
   (1) "Agency" means a state, county, or local government entity that generates or maintains
records relating to an investigation, arrest, detention, or conviction for an offense for
which expungement may be ordered.
   (2) "Automatic expungement" means the expungement of records of an investigation,
arrest, detention, or conviction of an offense without the filing of a petition.
   (3) "Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in Section 53-10-201.
   (4) "Certificate of eligibility" means a document issued by the bureau stating that the
criminal record and all records of arrest, investigation, and detention associated with a
case that is the subject of a petition for expungement is eligible for expungement.
   (5) "Civil accounts receivable" means the same as that term is defined in Section
77-32b-102.
   (6) "Civil judgment of restitution" means the same as that term is defined in Section
77-32b-102.
   (7) "Civil protective order" means the same as that term is defined in Section 78B-7-102.
   (8) "Clean slate eligible case" means a case that is eligible for automatic expungement
under Section 77-40a-205.
   (9) "Conviction" means judgment by a criminal court on a verdict or finding of guilty after
trial, a plea of guilty, or a plea of nolo contendere.
   (10) "Court" means a district court or a justice court.
   (11) "Criminal accounts receivable" means the same as that term is defined in Section
77-32b-102.
   (12) "Criminal protective order" means the same as that term is defined in Section
78B-7-102.
   (13) "Criminal stalking injunction" means the same as that term is defined in Section
78B-7-102.
   (14) "Department" means the Department of Public Safety established in Section 53-1-103.
   (15) "Drug possession offense" means:
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(a) an offense described in Subsection 58-37-8(2), except for:
[(i) an offense under Subsection 58-37-8(2)(b)(i), possession of 100 pounds or more
of marijuana;]
[(ii)] (i) an offense enhanced under Subsection [58-37-8(2)(e)] 58-37-8(2)(f), violation
in a correctional facility; or
[(iii)] (ii) an offense for driving with a controlled substance illegally in the person's
body and negligently causing serious bodily injury or death of another, as codified
before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8(2)(g);
(b) an offense described in Subsection 58-37a-5(1), use or possession of drug
paraphernalia;
(c) an offense described in Section 58-37b-6, possession or use of an imitation
controlled substance; or
(d) any local ordinance which is substantially similar to any of the offenses described in
this Subsection (15).
   (16)(a) "Expunge" means to remove a record from public inspection by:
(i) sealing the record; or
(ii) restricting or denying access to the record.
(b) "Expunge" does not include the destruction of a record.
   (17) "Indigent" means a financial status that results from a court finding that a petitioner is
financially unable to pay the fee to file a petition for expungement under Section
78A-2-302.
   (18) "Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
   (19)(a) "Minor regulatory offense" means a class B or C misdemeanor offense or a local
ordinance.
(b) "Minor regulatory offense" includes an offense under Section 76-9-110 or 76-9-1106.
(c) "Minor regulatory offense" does not include:
(i) any drug possession offense;
(ii) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(iii) an offense under Sections 73-18-13 through 73-18-13.6;
(iv) except as provided in Subsection (19)(b), an offense under Title 76, Utah
Criminal Code; or
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(v) any local ordinance that is substantially similar to an offense listed in Subsections
(19)(c)(i) through (iv).
   (20) "Petitioner" means an individual applying for expungement under this chapter.
   (21) "Plea in abeyance" means the same as that term is defined in Section 77-2a-1.
   (22) "Record" means a book, letter, document, paper, map, plan, photograph, film, card,
tape, recording, electronic data, or other documentary material, regardless of physical
form or characteristics, that:
(a) is contained in the agency's file regarding the arrest, detention, investigation,
conviction, sentence, incarceration, probation, or parole of an individual; and
(b) is prepared, owned, received, or retained by an agency, including a court.
   (23) "Special certificate" means a document issued as described in Subsection
77-40a-304(1)(c) by the bureau stating that the criminal record and all records of arrest,
investigation, and detention associated with the case do not clearly demonstrate whether
the case is eligible for expungement.
   (24)(a) "Traffic offense" means:
(i) an infraction or a class C misdemeanor offense under Title 41, Chapter 1a, Motor
Vehicle Act;
(ii) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 41, Chapter 6a, Traffic Code;
(iii) an infraction or a class C misdemeanor offense under Title 41, Chapter 12a,
Financial Responsibility of Motor Vehicle Owners and Operators Act;
(iv) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 53, Chapter 3, Part 2, Driver Licensing Act;
(v) an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 73, Chapter 18, State Boating Act; and
(vi) all local ordinances that are substantially similar to an offense listed in
Subsections (24)(a)(i) through (iii).
(b) "Traffic offense" does not include:
(i) an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(ii) an offense under Section 41-12a-302 for operating a motor vehicle without
owner's or operator's security;
(iii) an offense under Section 41-12a-303.3 for providing false evidence of owner's or
operator's security;
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(iv) an offense under Sections 73-18-13 through 73-18-13.6; or
(v) any local ordinance that is substantially similar to an offense listed in Subsection
(24)(b)(i) or (ii).
   (25) "Traffic offense case" means that each offense in the case is a traffic offense.
Section 8. Section 78A-7-301 is amended to read:
78A-7-301 . Justice Court Technology, Security, and Training Account
   established -- Funding -- Uses.
   (1) There is created a restricted account in the General Fund known as the Justice Court
Technology, Security, and Training Account.
   (2) The state treasurer shall deposit in the account:
(a) money collected from the surcharge established in Subsection 78A-7-122(4)(b)(iii);
and
(b) the administrative fee from[ ] :
(i) a deferred prosecution or traffic school deferred prosecution under Subsection
77-2-4.2(5) or (6)[.] ; and
(ii) a deferred prosecution for certain marijuana use or possession offenses under
Section 77-2-4.6.
   (3) Money shall be appropriated from the account to the Administrative Office of the
Courts to be used for:
(a) audit, technology, security, and training needs in justice courts throughout the state;
(b) additional compensation for presiding judges and associate presiding judges for
justice courts under Section 78A-7-209.5; and
(c) costs to implement, operate, and maintain[ ] :
(i) deferred prosecution and traffic school deferred prosecution [pursuant to] in
accordance with Subsections 77-2-4.2(5) and (6)[.] ; and
(ii) deferred prosecution for certain marijuana use or possession offenses under
Section 77-2-4.6.
Section 9. Effective Date.
   This bill takes effect on May 6, 2026.
  - 25 -

Marijuana Use or Possession Penalty Amendments

Sponsors

Rep. Grant Miller (D) sponsors HB 253 alone.

Grant Miller

Rep. · D–24 · Sponsor

Committees

HB 253 went before 2 committees: Rules and Law Enforcement and Criminal Justice.

Rules
Rules
Referred to · Jan 20, 2026
Law Enforcement and Criminal Justice
Law Enforcement and Criminal Justice
Referred to · Jan 26, 2026

History

HB 253 has taken 22 actions since Jan 14, 2026, the latest on Mar 6, 2026.

ChamberAction
Mar 6, 2026
House
House/ strike enacting clause in Clerk of the House
Mar 6, 2026
House
House/ filed in House file for bills not passed
Mar 5, 2026
House
House/ comm rpt/ sent to Rules in House Rules Committee
Mar 3, 2026
House
House Comm - Recommends Returned to Rules in House Law Enforcement and Criminal Justice Committee
Feb 10, 2026
—
LFA/ fiscal note publicly available for HB0253S02 in Released

Votes

HB 253 has not gone to a roll call.

Source: le.utah.gov · legiscan.com