(1)  As used in this section:

Terms Used In Utah Code 58-37-3.7

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • 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
  • State: means the state of Utah. See Utah Code 32B-6-805
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 32B-6-805
  • (a)  “Cannabis” means the same as that term is defined in Section 26-61a-102.

    (b)  “Cannabis product” means the same as that term is defined in Section 26-61a-102.

    (c)  “Medical cannabis card” means the same as that term is defined in Section 26-61a-102.

    (d)  “Medical cannabis device” means the same as that term is defined in Section 26-61a-102.

    (e)  “Medical cannabis pharmacy” means the same as that term is defined in Section 26-61a-102.

    (f)  “Medicinal dosage form” means the same as that term is defined in Section 26-61a-102.

    (g)  “Qualified medical provider” means the same as that term is defined in Section 26-61a-102.

    (h)  “Qualifying condition” means the same as that term is defined in Section 26-61a-102.

    (i)  “Tetrahydrocannabinol” means the same as that term is defined in Section 58-37-3.9.

    (2)  Before January 1, 2021, an individual is not guilty under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia if:

    (a)  at the time of the arrest, the individual:

    (i) 

    (A)  had been diagnosed with a qualifying condition; and

    (B)  had a pre-existing provider-patient relationship with an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act, who believed that the individual’s illness described in Subsection (2)(a)(i)(A) could benefit from the use in question; or

    (ii) 

    (A)  for possession, was a medical cannabis cardholder; or

    (B)  for use, was a medical cannabis patient cardholder or a minor with a qualifying condition under the supervision of a medical cannabis guardian cardholder; and

    (b)  the marijuana or tetrahydrocannabinol was in a medicinal dosage form in a quantity described in Subsection 26-61a-502(2).

    (3)  An individual is not guilty under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter if:

    (a)  at the time of the arrest, the individual:

    (i)  was not a resident of Utah or has been a resident of Utah for less than 45 days;

    (ii)  had 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

    (iii)  had been diagnosed with a qualifying condition as described in Section 26-61a-104; and

    (b)  the marijuana or tetrahydrocannabinol is in a medicinal dosage form in a quantity described in Subsection 26-61a-502(2).

    Amended by Chapter 1, 2018 Special Session 3