There Is a Newer Version
of
this Section
2021 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 2 - Judicial Administration
Part 2 - General Provisions Applicable to Courts and Judges
Section 231 - Consideration of lawful use or possession of medical cannabis.
Universal Citation:
UT Code § 78A-2-231 (2021)
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Effective 7/1/2021
78A-2-231. Consideration of lawful use or possession of medical cannabis.
Amended by Chapter 260, 2021 General Session
Amended by Chapter 337, 2021 General Session
78A-2-231. Consideration of lawful use or possession of medical cannabis.
- (1) As used in this section:
- (a) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
- (b) "Directions of use" means the same as that term is defined in Section 26-61a-102.
- (c) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
- (d) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
- (e) "Medical cannabis card" means the same as that term is defined in Section 26-61a-102.
- (f) "Medical cannabis device" means the same as that term is defined in Section 26-61a-102.
- (g) "Recommending medical provider" means the same as that term is defined in Section 26-61a-102.
- (2) In any judicial proceeding in which a judge, panel, jury, or court commissioner makes a finding, determination, or otherwise considers an individual's possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel, jury, or court commissioner may not consider or treat the individual's possession or use any differently than the lawful possession or use of any prescribed controlled substance if:
- (a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production Establishments;
- (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
- (c)
- (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act; and
- (ii) the individual reasonably complies with the directions of use and dosing guidelines determined by the individual's recommending medical provider or through a consultation described in Subsection 26-61a-502(4) or (5).
- (3) Notwithstanding Sections 77-18-105 and 77-2a-3, for probation, release, a plea in abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain from the use or possession of medical cannabis, a cannabis product, or a medical cannabis device, either directly or through a general prohibition on violating federal law, without an exception related to medical cannabis use, if the individual's use or possession complies with:
- (a)Title 26, Chapter 61a, Utah Medical Cannabis Act; or
- (b) Subsection 58-37-3.7(2) or (3).
Amended by Chapter 260, 2021 General Session
Amended by Chapter 337, 2021 General Session
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