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Ogden, UT Public Conduct: Public Marijuana Use (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Ogden City Code § 11-8-2
Charge level
Class B misdemeanor
State cross-reference
Utah Code § 58-37-8
Paraphernalia adoption
Utah Code Title 58, Chapter 37a
Synthetic cannabinoid penalty
Up to $1,000 fine, 6 months jail

Summary

Ogden City makes it unlawful to knowingly possess or use marijuana anywhere in the city, mirroring the ban in Utah Code section 58-37-8. The city treats a violation as a Class B misdemeanor, giving Ogden police an independent city charge alongside any state drug case, and adopts the state's paraphernalia and forfeiture provisions as well.

A. It is unlawful for any person knowingly and intentionally to possess or use any marijuana in violation of Utah Code Annotated section 58-37-8, as amended. B. A violation of this section is a class B misdemeanor, and subject to penalties as provided under title 1, chapter 4 of this code.

Full Breakdown

Section 11-8-2 of the Ogden City Code makes it unlawful for any person knowingly and intentionally to possess or use any marijuana in violation of Utah Code Annotated section 58-37-8, as amended, and classifies the offense as a Class B misdemeanor under Title 1, Chapter 4. Because the section is written as a city-code violation rather than a straight cross-reference, Ogden police and city prosecutors can charge marijuana possession or use, including use in a public place such as a park, sidewalk or Historic 25th Street, under municipal law rather than routing every case through the county attorney.

The same chapter, at 11-8-1, separately adopts specific sections of the Utah Controlled Substances Act, Utah Code Title 58, Chapter 37a, covering drug paraphernalia definitions, the factors used to decide whether an object counts as paraphernalia, unlawful acts, and seizure and forfeiture of property, making violations of those adopted sections city-code violations too. 00 fine, plus authority for the city to seek an injunction against a noncompliant business. None of these sections carve out an exception for open or public use; the prohibition on possession or use under 11-8-2 applies wherever a person is within city limits.

Violations & Fines

Possessing or using marijuana in Ogden City is a Class B misdemeanor under section 11-8-2, punishable under Title 1, Chapter 4 of the city code, the same penalty tier as the related paraphernalia offenses adopted from Utah Code Title 58, Chapter 37a. Using a banned synthetic cannabinoid under section 11-8-3 carries a separate Class B misdemeanor exposure of up to six months in jail and a $1,000.00 fine, assessed per day the violation continues.

Frequently Asked Questions

Is marijuana possession a city or state charge in Ogden?
Both are possible. Section 11-8-2 makes possession or use a city-code Class B misdemeanor that tracks Utah Code section 58-37-8, so Ogden police and city prosecutors can charge it under municipal law without relying solely on the county attorney's office.
Does Ogden City separately ban synthetic marijuana products?
Yes. Section 11-8-3 lists specific synthetic cannabinoid compounds, such as JWH-018 and HU-210, and bans manufacturing, selling, possessing or using them, carrying a Class B misdemeanor with up to six months in jail and a $1,000.00 fine.
Can drug paraphernalia be charged under city law too?
Yes. Section 11-8-1 adopts the Utah Controlled Substances Act's paraphernalia definitions and seizure and forfeiture provisions, Utah Code sections 58-37a-3 through 58-37a-6, as city-code violations subject to the same Title 1, Chapter 4 penalties.

Sources & Official References

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