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
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
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 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
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
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
A medical cannabis cardholder who possesses medical cannabis that the cardholder purchased under this part:
(i)
shall carry:
(A)
at all times the cardholder’s medical cannabis card; and
(B)
with the medical cannabis, a label that identifies that the medical cannabis was sold from a licensed medical cannabis pharmacy and includes an identification number that links the medical cannabis to the inventory control system;
(ii)
may possess up to the legal dosage limit of:
(A)
unprocessed cannabis in medicinal dosage form; and
(B)
a cannabis product in medicinal dosage form;
(iii)
may not possess more medical cannabis than described in Subsection (1)(a)(ii);
(iv)
may only possess the medical cannabis in the container in which the cardholder received the medical cannabis from the medical cannabis pharmacy; and
(v)
may not alter or remove any label described in Section 4-41a-602 from the container described in Subsection (1)(a)(iv).
(b)
Except as provided in Subsection (1)(c) or (e), a medical cannabis cardholder who possesses medical cannabis in violation of Subsection (1)(a) is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(c)
A medical cannabis cardholder or a nonresident patient who possesses medical cannabis in an amount that is greater than the legal dosage limit and equal to or less than twice the legal dosage limit is:
(i)
for a first offense:
(A)
guilty of an infraction; and
(B)
subject to a fine of up to $100; and
(ii)
for a second or subsequent offense:
(A)
guilty of a class B misdemeanor; and
(B)
subject to a fine of $1,000.
(d)
An individual who is guilty of a violation described in Subsection (1)(b) or (c) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the penalty described in Subsection (1)(b) or (c).
(e)
A nonresident patient who possesses medical cannabis that is not in a medicinal dosage form is:
A medical cannabis cardholder or a nonresident patient who possesses medical cannabis in an amount that is greater than twice the legal dosage limit is subject to the penalties described in Title 58, Chapter 37, Utah Controlled Substances Act.
(2)
(a)
As used in this Subsection (2), “emergency medical condition” means the same as that term is defined in Section 31A-1-301.
(b)
Except as described in Subsection (2)(c), a medical cannabis patient cardholder, a provisional patient cardholder, or a nonresident patient may not use, in public view, medical cannabis or a cannabis product.
(c)
In the event of an emergency medical condition, an individual described in Subsection (2)(b) may use, and the holder of a medical cannabis guardian card or a medical cannabis caregiver card may administer to the cardholder’s charge, in public view, cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form.
(d)
An individual described in Subsection (2)(b) who violates Subsection (2)(b) is:
(i)
for a first offense:
(A)
guilty of an infraction; and
(B)
subject to a fine of up to $100; and
(ii)
for a second or subsequent offense:
(A)
guilty of a class B misdemeanor; and
(B)
subject to a fine of $1,000.
(3)
If a medical cannabis cardholder carrying the cardholder’s card possesses cannabis in a medicinal dosage form or a cannabis product in compliance with Subsection (1), or a medical cannabis device that corresponds with the cannabis or cannabis product:
(a)
there is a rebuttable presumption that the cardholder possesses the cannabis, cannabis product, or medical cannabis device legally; and
(b)
there is no probable cause, based solely on the cardholder’s possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis device, to believe that the cardholder is engaging in illegal activity.
(4)
(a)
If a law enforcement officer stops an individual who possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, and the individual represents to the law enforcement officer that the individual holds a valid medical cannabis card, but the individual does not have the medical cannabis card in the individual’s possession at the time of the stop by the law enforcement officer, the law enforcement officer shall attempt to access the state electronic verification system to determine whether the individual holds a valid medical cannabis card.
(b)
If the law enforcement officer is able to verify that the individual described in Subsection (4)(a) is a valid medical cannabis cardholder, the law enforcement officer:
(i)
may not arrest or take the individual into custody for the sole reason that the individual is in possession of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device; and
(ii)
may not seize the cannabis, cannabis product, or medical cannabis device.
Renumbered and Amended by Chapter 307, 2023 General Session
