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2018 Utah Code
Title 58 - Occupations and Professions
Chapter 37 - Utah Controlled Substances Act
Section 3.7 - Medical cannabis decriminalization.
Universal Citation: UT Code § 58-37-3.7 (2018)
Effective 12/3/2018
58-37-3.7. Medical cannabis decriminalization.
Amended by Chapter 1, 2018 Special Session 3
58-37-3.7. Medical cannabis decriminalization.
- (1) As used in this section:
- (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
- (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
- (c) "Medical cannabis card" means the same as that term is defined in Section 26-61a-102.
- (d) "Medical cannabis device" means the same as that term is defined in Section 26-61a-102.
- (e) "Medical cannabis pharmacy" means the same as that term is defined in Section 26-61a-102.
- (f) "Medicinal dosage form" means the same as that term is defined in Section 26-61a-102.
- (g) "Qualified medical provider" means the same as that term is defined in Section 26-61a-102.
- (h) "Qualifying condition" means the same as that term is defined in Section 26-61a-102.
- (i) "Tetrahydrocannabinol" means the same as that term is defined in Section 58-37-3.9.
- (2) Before January 1, 2021, an individual is not guilty under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia if:
- (a) at the time of the arrest, the individual:
- (i)
- (A) had been diagnosed with a qualifying condition; and
- (B) had a pre-existing provider-patient relationship with an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act, who believed that the individual's illness described in Subsection (2)(a)(i)(A) could benefit from the use in question; or
- (ii)
- (A) for possession, was a medical cannabis cardholder; or
- (B) for use, was a medical cannabis patient cardholder or a minor with a qualifying condition under the supervision of a medical cannabis guardian cardholder; and
- (i)
- (b) the marijuana or tetrahydrocannabinol was in a medicinal dosage form in a quantity described in Subsection 26-61a-502(2).
- (a) at the time of the arrest, the individual:
- (3) An individual is not guilty under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter if:
- (a) at the time of the arrest, the individual:
- (i) was not a resident of Utah or has been a resident of Utah for less than 45 days;
- (ii) had a currently valid medical cannabis card or the equivalent of a medical cannabis card under the laws of another state, district, territory, commonwealth, or insular possession of the United States; and
- (iii) had been diagnosed with a qualifying condition as described in Section 26-61a-104; and
- (b) the marijuana or tetrahydrocannabinol is in a medicinal dosage form in a quantity described in Subsection 26-61a-502(2).
- (a) at the time of the arrest, the individual:
Amended by Chapter 1, 2018 Special Session 3
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