§ 26B-4-201 Definitions
§ 26B-4-202 Electronic verification system
§ 26B-4-202 v2 Electronic verification system
§ 26B-4-203 Qualifying condition
§ 26B-4-204 Qualified medical provider registration — Continuing education — Treatment recommendation — Limited medical provider
§ 26B-4-204 v2 Qualified medical provider registration — Continuing education — Treatment recommendation — Limited medical provider
§ 26B-4-205 Standard of care — Physicians and pharmacists not liable — No private right of action
§ 26B-4-206 Agreement with a tribe
§ 26B-4-207 Nondiscrimination for medical care or government employment — Notice to prospective and current public employees — No effect on private employers
§ 26B-4-208 No insurance requirement
§ 26B-4-209 No effect on use of hemp extract — Cannabidiol — Approved drugs
§ 26B-4-210 Severability clause
§ 26B-4-211 Analogous to prescribed controlled substances
§ 26B-4-212 Institutional review board — Approved study of cannabis, a cannabinoid product, or an expanded cannabinoid product
§ 26B-4-213 Medical cannabis patient card — Medical cannabis guardian card — Conditional medical cannabis card — Application — Fees — Studies
§ 26B-4-213 v2 Medical cannabis patient card — Medical cannabis guardian card — Conditional medical cannabis card — Application — Fees — Studies
§ 26B-4-214 Medical cannabis caregiver card — Registration — Renewal — Revocation
§ 26B-4-215 Designated caregiver — Guardian — Criminal background check
§ 26B-4-216 Medical cannabis card — Patient and designated caregiver requirements — Rebuttable presumption
§ 26B-4-217 Medical cannabis pharmacy agent — Registration
§ 26B-4-218 Medical cannabis pharmacy agent registration card — Rebuttable presumption
§ 26B-4-219 Pharmacy medical providers — Registration — Continuing education
§ 26B-4-219 v2 Pharmacy medical providers — Registration — Continuing education
§ 26B-4-220 Enforcement — Misdemeanor
§ 26B-4-220 v2 Enforcement — Misdemeanor
§ 26B-4-221 Enforcement — Fine — Citation
§ 26B-4-222 Report
§ 26B-4-222 v2 Report
§ 26B-4-223 Advertising
§ 26B-4-224 Medical cannabis pharmacy — License — Eligibility
§ 26B-4-225 Medical cannabis pharmacy owners and directors — Criminal background checks
§ 26B-4-226 Renewal
§ 26B-4-227 Operating plan
§ 26B-4-228 Maximum number of licenses — Home delivery medical cannabis pharmacies
§ 26B-4-229 Operating requirements — General
§ 26B-4-230 Dispensing — Amount a medical cannabis pharmacy may dispense — Reporting — Form of cannabis or cannabis product
§ 26B-4-231 Partial filling
§ 26B-4-231 v2 Partial filling — Pharmacy medical provider directions of use
§ 26B-4-232 Inspections
§ 26B-4-233 Advertising
§ 26B-4-234 Medical cannabis transportation
§ 26B-4-235 Local control
§ 26B-4-236 State central patient portal — Department duties
§ 26B-4-236 v2 State central patient portal — Department duties
§ 26B-4-238 Payment provider for electronic medical cannabis transactions
§ 26B-4-239 Home delivery of medical cannabis shipments — Medical cannabis couriers — License
§ 26B-4-240 Medical cannabis shipment transportation
§ 26B-4-241 Medical cannabis courier agent — Background check — Registration card — Rebuttable presumption
§ 26B-4-242 Home delivery of medical cannabis shipments
§ 26B-4-243 Guidance for treatment with medical cannabis
§ 26B-4-244 Government issued photo identification
§ 26B-4-245 Purchasing and use limitations
§ 26B-4-246 Denial or revocation of guardian card or caregiver card
§ 26B-4-247 Department coordination

Terms Used In Utah Code > Title 26B > Chapter 4 > Part 2 - Cannabinoid Research and Medical Cannabis

  • Active tetrahydrocannabinol: means THC, any THC analog, and tetrahydrocannabinolic acid. See Utah Code 26B-4-201
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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
  • Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 26B-4-201
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: includes :
    (i) a common expense; and
    (ii) an amount assessed against a lot owner under Subsection 57-8a-405(7). See Utah Code 57-8a-102
  • Assessment: means any charge imposed by the association, including:
    (a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and
    (b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: means a corporation or other legal entity, any member of which:
    (i) is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and
    (ii) by virtue of membership or ownership of a residential lot is obligated to pay:
    (A) real property taxes;
    (B) insurance premiums;
    (C) maintenance costs; or
    (D) for improvement of real property not owned by the member. See Utah Code 57-8a-102
  • association: means all of the unit owners:
    (a) acting as a group in accordance with the declaration and bylaws; or
    (b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102
  • Board meeting: means a gathering of a board, whether in person or by means of electronic communication, at which the board can take binding action. See Utah Code 57-8a-102
  • Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
  • Cannabis: means marijuana. See Utah Code 26B-4-201
  • Cannabis cultivation facility: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Cannabis processing facility: means the same as that term is defined in Section 4-41a-102. 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
  • Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 26B-4-201
  • Charging system: means a device that is:
    (a) used to provide electricity to an electric or hybrid electric vehicle; and
    (b) designed to ensure a safe connection between the electric grid and the vehicle. See Utah Code 57-8a-801
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commercial condominium project: means a condominium project that has no residential units within the project. See Utah Code 57-8-3
  • Common areas: means property that the association:
    (a) owns;
    (b) maintains;
    (c) repairs; or
    (d) administers. See Utah Code 57-8a-102
  • Common expense: means costs incurred by the association to exercise any of the powers provided for in the association's governing documents. See Utah Code 57-8a-102
  • Common expenses: means :
    (a) all sums lawfully assessed against the unit owners;
    (b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities;
    (c) expenses agreed upon as common expenses by the association of unit owners; and
    (d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. See Utah Code 57-8-3
  • Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 26B-4-201
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conditional medical cannabis card: means an electronic medical cannabis card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. See Utah Code 26B-4-201
  • Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
  • Condominium plat: means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. See Utah Code 57-8-3
  • Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. See Utah Code 57-8-3
  • Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. See Utah Code 57-8-3
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance database: means the controlled substance database created in Section 58-37f-201. See Utah Code 26B-4-201
  • Convertible land: means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. See Utah Code 57-8-3
  • Convertible space: means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. See Utah Code 57-8-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. See Utah Code 57-8-3
  • Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Delivery address: means :
    (a) for a medical cannabis cardholder who is not a facility, the medical cannabis cardholder's home address; or
    (b) for a medical cannabis cardholder that is a facility, the facility's address. See Utah Code 26B-4-201
  • Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
  • Dependent: A person dependent for support upon another.
  • 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
  • Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
  • Director: means a member of the board of directors. See Utah Code 57-8a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
  • Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
  • Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102
  • Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Utah Code 26B-4-201
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102
  • Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
  • General electrical contractor: means the same as that term is defined in Section 58-55-102. See Utah Code 57-8a-801
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing documents: includes :
    (i) articles of incorporation;
    (ii) bylaws;
    (iii) a plat;
    (iv) a declaration of covenants, conditions, and restrictions; and
    (v) rules of the association. See Utah Code 57-8a-102
  • Government issued photo identification: means any of the following forms of identification:
    (a) a valid state-issued driver license or identification card;
    (b) a valid United States federal-issued photo identification, including:
    (i) a United States passport;
    (ii) a United States passport card;
    (iii) a United States military identification card; or
    (iv) a permanent resident card or alien registration receipt card; or
    (c) a foreign passport. See Utah Code 26B-4-201
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: includes :Utah Code 68-3-12.5
  • Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26B-4-201
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent third party: means a person that:
    (a) is not related to the owner of the residential lot;
    (b) shares no pecuniary interests with the owner of the residential lot; and
    (c) purchases the residential lot in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8a-102
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Inventory control system: means the system described in Section 4-41a-103. See Utah Code 26B-4-201
  • Judicial foreclosure: means a foreclosure of a unit:
    (a) for the nonpayment of an assessment;
    (b) in the manner provided by law for the foreclosure of a mortgage on real property; and
    (c) as provided in this chapter. See Utah Code 57-8-3
  • Judicial foreclosure: means a foreclosure of a lot:
    (a) for the nonpayment of an assessment;
    (b) in the manner provided by law for the foreclosure of a mortgage on real property; and
    (c) as provided in 3. See Utah Code 57-8a-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Leasehold condominium: means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. See Utah Code 57-8-3
  • leasing: means regular, exclusive occupancy of a lot:
    (a) by a person or persons other than the owner; and
    (b) for which the owner receives a consideration or benefit, including a fee, service, gratuity, or emolument. See Utah Code 57-8a-102
  • Legal dosage limit: means an amount that:
    (a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the relevant recommending medical provider or the state central patient portal or pharmacy medical provider, in accordance with Subsection 26B-4-230(5), recommends; and
    (b) may not exceed:
    (i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
    (ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater than 20 grams of active tetrahydrocannabinol. See Utah Code 26B-4-201
  • Legal use termination date: means a date on the label of a container of unprocessed cannabis flower:
    (a) that is 60 days after the date of purchase of the cannabis; and
    (b) after which, the cannabis is no longer in a medicinal dosage form outside of the primary residence of the relevant medical cannabis patient cardholder. See Utah Code 26B-4-201
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Limited common areas: means common areas described in the declaration and allocated for the exclusive use of one or more lot owners. See Utah Code 57-8a-102
  • Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. See Utah Code 57-8-3
  • Limited medical provider: means an individual who:
    (a) meets the recommending qualifications; and
    (b) has no more than 15 patients with a valid medical cannabis patient card or provisional patient card as a result of the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b). See Utah Code 26B-4-201
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lot: means :
    (a) a lot, parcel, plot, or other division of land:
    (i) designated for separate ownership or occupancy; and
    (ii) 
    (A) shown on a recorded subdivision plat; or
    (B) the boundaries of which are described in a recorded governing document; or
    (b) 
    (i) a unit in a condominium association if the condominium association is a part of a development; or
    (ii) a unit in a real estate cooperative if the real estate cooperative is part of a development. See Utah Code 57-8a-102
  • Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3
  • Management committee meeting: means a gathering of a management committee, whether in person or by means of electronic communication, at which the management committee can take binding action. See Utah Code 57-8-3
  • Marijuana: means the same as that term is defined in Section 58-37-2. See Utah Code 26B-4-201
  • Means of electronic communication: includes :
    (i) web conferencing;
    (ii) video conferencing; and
    (iii) telephone conferencing. See Utah Code 57-8a-102
  • Means of electronic communication: includes :
    (i) web conferencing;
    (ii) video conferencing; and
    (iii) telephone conferencing. See Utah Code 57-8-3
  • 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 card: means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. 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 caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
    (a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and
    (b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Medical cannabis courier: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Medical cannabis courier agent: means the same as that term is defined in Section 4-41a-102. 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
  • Medical cannabis guardian card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
    (a) the department issues to the parent or legal guardian of a minor with a qualifying condition; and
    (b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Medical cannabis patient card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
    (a) the department issues to an individual with a qualifying condition; and
    (b) is connected to the electronic verification system. 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 pharmacy agent: means an individual who holds a valid medical cannabis pharmacy agent registration card issued by the department. See Utah Code 26B-4-201
  • Medical cannabis pharmacy agent registration card: means a registration card issued by the department that authorizes an individual to act as a medical cannabis pharmacy agent. See Utah Code 26B-4-201
  • Medical cannabis shipment: means the same as that term is defined in Section 4-41a-102. 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
  • Mixed-use condominium project: means a condominium project that has both residential and commercial units in the condominium project. See Utah Code 57-8-3
  • Mixed-use project: means a project under this chapter that has both residential and commercial lots in the project. See Utah Code 57-8a-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nonjudicial foreclosure: means the sale of a unit:
    (a) for the nonpayment of an assessment;
    (b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
    (c) as provided in this chapter. See Utah Code 57-8-3
  • Nonjudicial foreclosure: means the sale of a lot:
    (a) for the nonpayment of an assessment;
    (b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
    (c) as provided in 3. See Utah Code 57-8a-102
  • Nonresident patient: means an individual who:
    (a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
    (b) has 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
    (c) has been diagnosed with a qualifying condition as described in Section 26B-4-203. See Utah Code 26B-4-201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Payment provider: means an entity that contracts with a cannabis production establishment or medical cannabis pharmacy to facilitate transfers of funds between the establishment or pharmacy and other businesses or individuals. See Utah Code 26B-4-201
  • Period of administrative control: means the period of control described in Subsection 57-8-16. See Utah Code 57-8-3
  • Period of administrative control: means the period during which the person who filed the association's governing documents or the person's successor in interest retains authority to:
    (a) appoint or remove members of the association's board of directors; or
    (b) exercise power or authority assigned to the association under the association's governing documents. See Utah Code 57-8a-102
  • Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219. See Utah Code 26B-4-201
  • Political sign: means any sign or document that advocates:
    (a) the election or defeat of a candidate for public office; or
    (b) the approval or defeat of a ballot proposition. See Utah Code 57-8a-102
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Utah Code 57-8-3
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Protected area: means the same as that term is defined in Section 77-27-21. See Utah Code 57-8a-102
  • Provisional patient card: means a card that:
    (a) the department issues to a minor with a qualifying condition for whom:
    (i) a recommending medical provider has recommended a medical cannabis treatment; and
    (ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian; and
    (b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Qualified medical provider: means an individual:
    (a) who meets the recommending qualifications; and
    (b) whom the department registers to recommend treatment with cannabis in a medicinal dosage form under Section 26B-4-204. See Utah Code 26B-4-201
  • Qualified Patient Enterprise Fund: means the enterprise fund created in Section 26B-1-310. See Utah Code 26B-4-201
  • Qualifying condition: means a condition described in Section 26B-4-203. See Utah Code 26B-4-201
  • real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • reasonably available: means available using typical insurance carriers and markets, irrespective of the ability of the association to pay. See Utah Code 57-8a-401
  • 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
  • Recommending medical provider: means a qualified medical provider or a limited medical provider. See Utah Code 26B-4-201
  • Recommending qualifications: means that an individual:
    (a) 
    (i) has the authority to write a prescription;
    (ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act; and
    (iii) possesses the authority, in accordance with the individual's scope of practice, to prescribe a Schedule II controlled substance; and
    (b) is licensed as:
    (i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
    (ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;
    (iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
    (iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-201
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • rental lot: means :
    (a) a lot that:
    (i) is not owned by an entity or trust; and
    (ii) is occupied by an individual while the lot owner is not occupying the lot as the lot owner's primary residence; or
    (b) an occupied lot owned by an entity or trust, regardless of who occupies the lot. See Utah Code 57-8a-102
  • Residential electrical contractor: means the same as that term is defined in Section 58-55-102. See Utah Code 57-8a-801
  • Residential lot: means a lot, the use of which is limited by law, covenant, or otherwise to primarily residential or recreational purposes. See Utah Code 57-8a-102
  • Rule: means a policy, guideline, restriction, procedure, or regulation of an association that:
    (i) is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and
    (ii) governs:
    (A) the conduct of persons; or
    (B) the use, quality, type, design, or appearance of real property or personal property. See Utah Code 57-8a-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sex offender: means the same as that term is defined in Section 77-27-21. See Utah Code 57-8a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Solar energy system: means :
    (a) a system that is used to produce electric energy from sunlight; and
    (b) the components of the system described in Subsection (27)(a). See Utah Code 57-8a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State central patient portal: means the website the department creates, in accordance with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical cannabis order. See Utah Code 26B-4-201
  • State electronic verification system: means the system described in Section 26B-4-202. See Utah Code 26B-4-201
  • Statute: A law passed by a legislature.
  • Targeted marketing: means the promotion by a medical cannabis pharmacy of a medical cannabis product, medical cannabis brand, or a medical cannabis device using any of the following methods:
    (a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information from the medical cannabis pharmacy;
    (b) an in-person marketing event that is:
    (i) held inside a medical cannabis pharmacy; and
    (ii) in an area where only a medical cannabis cardholder may access the event; or
    (c) other marketing material that is physically available or digitally displayed in:
    (i) a medical cannabis pharmacy; and
    (ii) an area where only a medical cannabis cardholder has access. See Utah Code 26B-4-201
  • THC: means a substance derived from cannabis or a synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA). See Utah Code 26B-4-201
  • THC analog: means the same as that term is defined in Section 4-41-102. See Utah Code 26B-4-201
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3
  • Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. See Utah Code 57-8-3
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Writing: includes :Utah Code 68-3-12.5