Effective 7/1/2019

(1)  As used in this section:

Terms Used In Utah Code 58-37-3.6 v2

  • Drug: means :
(A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;
(C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and
(D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 32B-6-805
  • Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. See Utah Code 32B-6-805
  • (a)  “Cannabinoid product” means a product intended for human ingestion that:

    (i)  contains an extract or concentrate that is obtained from cannabis;

    (ii)  is prepared in a medicinal dosage form; and

    (iii)  contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.

    (b)  “Cannabis” means any part of the plant cannabis sativa, whether growing or not.

    (c)  “Drug paraphernalia” means the same as that term is defined in Section 58-37a-3.

    (d)  “Expanded cannabinoid product” means a product intended for human ingestion that:

    (i)  contains an extract or concentrate that is obtained from cannabis;

    (ii)  is prepared in a medicinal dosage form; and

    (iii)  contains less than 10 units of cannabidiol for every one unit of tetrahydrocannabinol.

    (e)  “Medicinal dosage form” means:

    (i)  a tablet;

    (ii)  a capsule;

    (iii)  a concentrated oil;

    (iv)  a liquid suspension;

    (v)  a transdermal preparation; or

    (vi)  a sublingual preparation.

    (f)  “Tetrahydrocannabinol” means a substance derived from cannabis that meets the description in Subsection 58-37-4(2)(a)(iii)(AA).

    (2)  Notwithstanding any other provision of this chapter an individual who possesses or distributes a cannabinoid product or an expanded cannabinoid product is not subject to the penalties described in this title for the possession or distribution of marijuana or tetrahydrocannabinol to the extent that the individual’s possession or distribution of the cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 61, Cannabinoid Research Act.

    Amended by Chapter 1, 2018 Special Session 3