House tables bill that would cut penalty for possessing small amount of cannabis with a firearm

The Utah House on Feb. 20 circled first substitute House Bill 27 after floor debate about public safety and judicial discretion.

Sponsor Representative Bennion told colleagues the bill "reverts back to the original bill" and that it would continue to criminalize possession of a small amount of cannabis together with a firearm but change the penalty "to a first class misdemeanor rather than a felony," saying the change reflects support from law enforcement to target penalties at "dangerous or violent behaviors."

Representative Lisonbee asked whether judges would retain broad discretion to apply penalties under the revised code; the sponsor responded that felony charges would remain when associated with sales or other more serious conduct. Representative Gwynn objected, saying her office reviewed local arrests involving marijuana and firearms and found that "68 of the 77 cases had additional felonies attached to them, whether it be burglary or possession of methamphetamine or drug distribution," and argued that reducing statutory penalties could make it harder to hold defendants accountable and could endanger officers during stops. "Only one person on that stop knows that gun exists and that's a suspect," she said, warning officers could face increased risk.

Representative Schultz moved to circle the bill — a procedural action that effectively tables the measure to give the sponsor time to offer a substitute and respond to concerns. Representative Bennion agreed to the pause. The motion to circle carried on a voice vote and the bill was circled.

The House did not take a final vote on adopting the first substitute. Further action on HB 27 will depend on whether the sponsor returns with revised language or additional assurances requested during floor debate.