(1)  As used in this section:

Terms Used In Utah Code 58-37-3.9

  • Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:
(A) Chapter 37, Utah Controlled Substances Act;
(B) Chapter 37a, Utah Drug Paraphernalia Act;
(C) Chapter 37b, Imitation Controlled Substances Act;
(D) Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Chapter 37d, Clandestine Drug Lab Act; or
(ii) for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under:
(A) Chapter 37, Utah Controlled Substances Act;
(B) Chapter 37a, Utah Drug Paraphernalia Act;
(C) Chapter 37b, Imitation Controlled Substances Act;
(D) Chapter 37c, Utah Controlled Substance Precursor Act; or
(E) Chapter 37d, Clandestine Drug Lab Act. See Utah Code 32B-6-805
  • 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
  • Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. 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
  • Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 32B-6-805
  • 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 marijuana.

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

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

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

    (e)  “Medical cannabis device” 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)  “Tetrahydrocannabinol” means a substance derived from cannabis or a synthetic description as described in Subsection 58-37-4(2)(a)(iii)(AA).
  • (2)  Notwithstanding any other provision of law, except as otherwise provided in this section:

    (a)  an individual is not guilty of a violation of this title for the following conduct if the individual engages in the conduct in accordance with Title 4, Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act:

    (i)  possessing, ingesting, producing, manufacturing, dispensing, distributing, selling, or offering to sell cannabis or a cannabis product; or

    (ii)  possessing cannabis or a cannabis product with the intent to engage in the conduct described in Subsection (2)(a)(i); and

    (b)  an individual is guilty of a violation of this title regarding drug paraphernalia if the individual, in accordance with Title 4, Chapter 41a, Cannabis Production Establishments, and Title 26, Chapter 61a, Utah Medical Cannabis Act:

    (i)  possesses, manufactures, distributes, sells, or offers to sell a medical cannabis device; or

    (ii)  possesses a medical cannabis device with the intent to engage in any of the conduct described in Subsection (2)(b)(i).

    (3) 

    (a)  As used in this Subsection (3), “smoking” does not include the vaporization or heating of medical cannabis.

    (b)  Title 26, Chapter 61a, Utah Medical Cannabis Act, does not authorize a medical cannabis cardholder to smoke or combust cannabis or to use a device to facilitate the smoking or combustion of cannabis.

    (c)  A medical cannabis cardholder who smokes cannabis or engages in any other conduct described in Subsection (3)(b):

    (i)  does not possess the cannabis in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act; and

    (ii)  is subject to charges under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia for the conduct described in Subsection (3)(b).

    (4)  An individual who is assessed a penalty or convicted of a crime under Title 4, Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act, is not, based on the conduct underlying that penalty or conviction, subject to a penalty described in this chapter for:

    (a)  the possession, manufacture, sale, or offer for sale of cannabis or a cannabis product; or

    (b)  the possession, manufacture, sale, or offer for sale of drug paraphernalia.

    Amended by Chapter 1, 2018 Special Session 3

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