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2019 Utah Code
Title 58 - Occupations and Professions
Chapter 37 - Utah Controlled Substances Act
Section 3.9 - Exemption for possession or use of cannabis to treat a qualifying illness.
Universal Citation: UT Code § 58-37-3.9 (2019)
Effective 9/23/2019
58-37-3.9. Exemption for possession or use of cannabis to treat a qualifying illness.
Amended by Chapter 5, 2019 Special Session 1
58-37-3.9. Exemption for possession or use of cannabis to treat a qualifying illness.
- (1) As used in this section:
- (a) "Cannabis" means marijuana.
- (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
- (c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
- (d) "Medical cannabis cardholder" means the same as that term is defined in Section 26-61a-102.
- (e) "Medical cannabis device" 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) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic description as described in Subsection 58-37-4(2)(a)(iii)(AA).
- (2) Notwithstanding any other provision of law, except as otherwise provided in this section:
- (a) an individual is not guilty of a violation of this title for the following conduct if the individual engages in the conduct in accordance with Title 4, Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act:
- (i) possessing, ingesting, inhaling, producing, manufacturing, dispensing, distributing, selling, or offering to sell cannabis or a cannabis product; or
- (ii) possessing cannabis or a cannabis product with the intent to engage in the conduct described in Subsection (2)(a)(i); and
- (b) an individual is not guilty of a violation of this title regarding drug paraphernalia if the individual, in accordance with Title 4, Chapter 41a, Cannabis Production Establishments, and Title 26, Chapter 61a, Utah Medical Cannabis Act:
- (i) possesses, manufactures, distributes, sells, or offers to sell a medical cannabis device; or
- (ii) possesses a medical cannabis device with the intent to engage in any of the conduct described in Subsection (2)(b)(i).
- (a) an individual is not guilty of a violation of this title for the following conduct if the individual engages in the conduct in accordance with Title 4, Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act:
- (3)
- (a) As used in this Subsection (3), "smoking" does not include the vaporization or heating of medical cannabis.
- (b)Title 26, Chapter 61a, Utah Medical Cannabis Act, does not authorize a medical cannabis cardholder to smoke or combust cannabis or to use a device to facilitate the smoking or combustion of cannabis.
- (c) A medical cannabis cardholder who smokes cannabis or engages in any other conduct described in Subsection (3)(b):
- (i) does not possess the cannabis in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act; and
- (ii) is subject to charges under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia for the conduct described in Subsection (3)(b).
- (4) An individual who is assessed a penalty or convicted of a crime under Title 4, Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act, is not, based on the conduct underlying that penalty or conviction, subject to a penalty described in this chapter for:
- (a) the possession, manufacture, sale, or offer for sale of cannabis or a cannabis product; or
- (b) the possession, manufacture, sale, or offer for sale of drug paraphernalia.
Amended by Chapter 5, 2019 Special Session 1
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