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2019 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 (2019)
Effective 9/23/2019
58-37-3.7. Medical cannabis decriminalization.
Amended by Chapter 5, 2019 Special Session 1
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 or citation, 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, Utah Physician Assistant Act, who believed that the individual's illness described in Subsection (2)(a)(i)(A) could benefit from the use in question;
- (ii) for possession, was:
- (A) the parent or legal guardian of an individual described in Subsection (2)(a)(i) who is a minor; or
- (B) the spouse of an individual described in Subsection (2)(a)(i); or
- (iii)
- (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 one of the following amounts:
- (i) no more than 56 grams by weight of unprocessed cannabis; or
- (ii) an amount of cannabis products that contains, in total, no more than 10 grams of total composite tetrahydrocannabinol.
- (a) at the time of the arrest or citation, 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 or citation, 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 one of the following amounts:
- (i) no more than 113 grams by weight of unprocessed cannabis; or
- (ii) an amount of cannabis products that contains, in total, no more than 20 grams of total composite tetrahydrocannabinol.
- (a) at the time of the arrest or citation, the individual:
Amended by Chapter 5, 2019 Special Session 1
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