Except as provided in this part, a person may not advertise regarding the recommendation, sale, dispensing, or transportation of medical cannabis , including:
Terms Used In Utah Code 26B-4-223
advertising: means information provided by a medical cannabis pharmacy in any medium:
(a)
to the public; and
(b)
that is not age restricted to an individual who is at least 21 years old. 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 pharmacy: means a person that:
(a)
(i)
acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or
(ii)
possesses medical cannabis or a medical cannabis device; and
(b)
sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201
Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. 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
recommendation: means , for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:
(a)
certifies the patient's eligibility for a medical cannabis card; and
(b)
may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines. See Utah Code 26B-4-201
(a)
a promotional discount or incentive;
(b)
a particular medical cannabis product, medical cannabis device, medical cannabis brand, or medicinal dosage form; or
(c)
an assurance of a medical outcome related to a medical cannabis treatment.
a nonprofit organization that offers financial assistance for medical cannabis treatment to low-income patients may advertise the organization’s assistance if the advertisement does not relate to a specific medical cannabis pharmacy or a specific medical cannabis product; and
(b)
a medical cannabis pharmacy may provide information regarding subsidies for the cost of medical cannabis treatment to patients who affirmatively accept receipt of the subsidy information.
(3)
To ensure that the name and logo of a licensee under this part have a medical rather than a recreational disposition, the name and logo of the licensee:
(a)
may include terms and images associated with:
(i)
a medical disposition, including “medical,” “medicinal,” “medicine,” “pharmacy,” “apothecary,” “wellness,” “therapeutic,” “health,” “care,” “cannabis,” “clinic,” “compassionate,” “relief,” “treatment,” and “patient;” or
(ii)
the plant form of cannabis, including “leaf,” “flower,” and “bloom”;
(b)
may not include:
(i)
any term, statement, design representation, picture, or illustration that is associated with a recreational disposition or that appeals to children;
(ii)
an emphasis on a psychoactive ingredient;
(iii)
a specific cannabis strain; or
(iv)
terms related to recreational marijuana, including “weed,” “pot,” “reefer,” “grass,” “hash,” “ganga,” “Mary Jane,” “high,” “buzz,” “haze,” “stoned,” “joint,” “bud,” “smoke,” “euphoria,” “dank,” “doobie,” “kush,” “frost,” “cookies,” “rec,” “bake,” “blunt,” “combust,” “bong,” “budtender,” “dab,” “blaze,” “toke,” or “420.”
(4)
The department shall define standards for advertising authorized under this part, including names and logos in accordance with Subsection (4), to ensure a medical rather than recreational disposition.
Amended by Chapter 307, 2023 General Session, (Coordination Clause) Renumbered and Amended by Chapter 307, 2023 General Session Amended by Chapter 317, 2023 General Session
