59-12-104.10. Exemption from sales tax for cannabis.
(1)
As used in this section:
Terms Used In Utah Code 59-12-104.10
Sale: includes :
(i)
installment and credit sales;
(ii)
any closed transaction constituting a sale;
(iii)
any sale of electrical energy, gas, services, or entertainment taxable under this chapter;
(iv)
any transaction if the possession of property is transferred but the seller retains the title as security for the payment of the price; and
(v)
any transaction under which right to possession, operation, or use of any article of tangible personal property is granted under a lease or contract and the transfer of possession would be taxable if an outright sale were made. See Utah Code 59-12-102
(a)
“Cannabis” means the same as that term is defined in Section 26B-4-201.
(b)
“Cannabis product” means the same as that term is defined in Section 26B-4-201.
(c)
“Medical cannabis device” means the same as that term is defined in Section 26B-4-201.
(d)
“Medical cannabis pharmacy” means the same as that term is defined in Section 26B-4-201.
(e)
“Medicinal dosage form” means the same as that term is defined in Section 26B-4-201.
(2)
In addition to the exemptions described in Section 59-12-104, the sale by a licensed medical cannabis pharmacy of the following is not subject to the taxes this chapter imposes:
(a)
cannabis in a medicinal dosage form; or
(b)
a cannabis product in a medicinal dosage form.
(3)
The sale of a medical cannabis device by a medical cannabis pharmacy is subject to the taxes this chapter imposes.