Utah Code 26B-4-220. Enforcement — Misdemeanor

Superseded 7/1/2023)

Superseded 7/1/2023
26B-4-220. Enforcement — Misdemeanor.

(1)

Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments, and Sections 26B-4-230, 26B-4-240, and 26B-4-242, 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.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class B misdemeanor	up to 6 months	up to $1,000

For details, see Utah Code § 76-3-204

Terms Used In Utah Code 26B-4-220

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.

(b)

An individual is not guilty under Subsection (2)(a) if the individual:

(i)

(A)	is a designated caregiver; and

(B)	gives the product described in Subsection (1) to the medical cannabis cardholder who designated the individual as a designated caregiver; or

(ii)

(A)	is a medical cannabis guardian cardholder; and

(B)	gives the product described in Subsection (1) to the relevant provisional patient cardholder.

(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).

Renumbered and Amended by Chapter 307, 2023 General Session

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