If you have a conviction related to cannabis possession and are not qualified to receive a certificate of eligibility, you might qualify for expungement of the record if you meet certain requirements.
You must show that:
- you had a qualifying condition at the time of your arrest or citation, and
- the cannabis was in a form to medicinally treat your condition, and
- the cannabis was in an amount to medicinally treat your condition and did not exceed certain amounts.
You must have had a qualifying condition at the time of your arrest for cannabis possession. Qualifying conditions include:
- HIV or acquired immune deficiency syndrome
- Alzheimer's disease
- amyotrophic lateral sclerosis
- cancer
- cachexia
- persistent nausea not significantly responsive to traditional treatment, but not nausea related to:
- pregnancy;
- cannabis-induced cyclical vomiting syndrome; or
- cannabinoid hyperemesis syndrome
- Crohn's disease or ulcerative colitis
- epilepsy or debilitating seizures
- multiple sclerosis or persistent and debilitating muscle spasms
- post-traumatic stress disorder (meeting the requirements described in Utah Code 26-61a-104(2)(j))
- autism
- a terminal illness when the patient's remaining life expectancy is less than six months
- a condition resulting in the individual receiving hospice care
- a rare condition or disease that:
- affects less than 200,000 individuals in the United States, as defined in Section 526 of the Federal Food, Drug, and Cosmetic Act; and
- is not adequately managed despite treatment attempts using:
- conventional medications other than opioids or opiates; or
- physical interventions;
- pain lasting longer than two weeks that is not adequately managed, in the qualified medical provider's opinion, despite treatment attempts using:
- conventional medications other than opioids or opiates; or
- physical interventions
- a condition approved by the Compassionate Use Board. I have attached proof of the Board's approval.
The cannabis you had in your possession at the time of your arrest must have been in a form allowed by law.
If you had processed medical cannabis or a medical cannabis product, it must have been in one of these forms:
- tablet
- capsule
- concentrated liquid or viscous oil
- liquid suspension
- topical preparation
- transdermal preparation
- sublingual preparation
- gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape
- resin or wax
If you had unprocessed cannabis flower, it must have been in a container described in Utah Code Section 4-41a-602, and must:
- be contained cannabis flowers in a quantity that varies by no more than 10% from the stated weight at the time of packaging;
- have been contained within an opaque, child-resistant bag that a medical cannabis pharmacy provided; and
- have been labeled with the container's content and weight, the date of purchase, the legal use termination date.
Or, it must have been in a form measured in grams, milligrams, or milliliters.
The cannabis in your possession must have been in an amount to medicinally treat your condition and did not exceed (Choose all that apply):
- 113 grams by weight (unprocessed cannabis in a medicinal dosage form)
- 20 grams of total composite tetrahydrocannabinol (cannabis product in a medicinal dosage form)
If you meet all of the requirements, follow the process in the How to ask for expungement section of this web page. Skip Step 1, which tells you to apply for a certificate of eligibility. Start at Step 2.