Utah Code 26B-4-220 v2. Enforcement — Misdemeanor
Current as of: 2023 | Check for updates
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Other versions
Effective 7/1/2023
26B-4-220. Enforcement — Misdemeanor.
(1) | Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, it is unlawful for a medical cannabis cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis device, or any cannabis residue remaining in or from a medical cannabis device. |
Class | Prison | Fine |
---|---|---|
class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 26B-4-220 v2
- Cannabis: means marijuana. See Utah Code 26B-4-201
- Cannabis product: means a product that:
(a) is intended for human use; and (b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201 - Designated caregiver: means :
(a) an individual: (i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and (ii) who registers with the department under Section 26B-4-214; or (b) (i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b); or (ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii). See Utah Code 26B-4-201 - Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
- Medical cannabis cardholder: means :
(a) a holder of a medical cannabis card; or (b) a facility or assigned employee, described in Subsection(17)(b), only: (i) within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection 26B-4-214(1)(b); and (ii) while in possession of documentation that establishes: (A) a caregiver designation described in Subsection 26B-4-214(1)(b); (B) the identity of the individual presenting the documentation; and (C) the relation of the individual presenting the documentation to the caregiver designation. See Utah Code 26B-4-201 - Medical cannabis device: means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
- Medicinal dosage form: includes a portion of unprocessed cannabis flower that:
(i) the medical cannabis cardholder has recently removed from the container described in Subsection (42)(a)(ii) for use; and (ii) does not exceed the quantity described in Subsection (42)(a)(ii). See Utah Code 26B-4-201 (2) (a) Except as provided in Subsection (2)(b), a medical cannabis cardholder who violates Subsection (1) is: (i) guilty of a class B misdemeanor; and (ii) subject to a $1,000 fine. (c) An individual who is guilty of a violation described in Subsection (2)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (2)(a). Amended by Chapter 273, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Renumbered and Amended by Chapter 307, 2023 General Session - Designated caregiver: means :