26B-6-219.  Medical cannabis use by a vulnerable adult or guardian.
     A peace officer or an employee or agent of the division may not solicit or provide, and a court may not order, emergency services for a vulnerable adult based solely on:

(1)  the vulnerable adult’s possession or use of cannabis in accordance with 2; or

Terms Used In Utah Code 26B-6-219

  • Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
  • Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
  • Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
  • 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
  • Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own financial resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201
(2)  the guardian of the vulnerable adult assisting with the use of or possessing cannabis in accordance with 2.

Renumbered and Amended by Chapter 308, 2023 General Session

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