| (1) |
As used in this section:
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Terms Used In Utah Code 80-4-109 v2- Abuse: means :
| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Harm: means :
| (a) | physical or developmental injury or damage; |
| (b) | emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; |
| (d) | sexual exploitation. See Utah Code 80-1-102- Neglect: means action or inaction causing:
| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (b) |
“Cannabis product” means the same as that term is defined in Section 26B-4-201. |
| (c) |
| (i) |
“Chronic” means repeated or patterned. |
| (ii) |
“Chronic” does not mean an isolated incident. |
|
| (d) |
“Directions of use” means the same as that term is defined in Section 26B-4-201. |
| (e) |
“Dosing guidelines” means the same as that term is defined in Section 26B-4-201. |
| (f) |
“Medical cannabis” means the same as that term is defined in Section 26B-4-201. |
| (g) |
“Medical cannabis cardholder” means the same as that term is defined in Section 26B-4-201. |
| (h) |
“Qualified medical provider” means the same as that term is defined in Section 26B-4-201. |
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| (2) |
In a proceeding under this chapter in which the juvenile court makes a finding, determination, or otherwise considers an individual’s possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the individual’s possession or use any differently than the lawful possession or use of any prescribed controlled substance if:
| (b) |
the individual’s possession or use complies with Subsection 58-37-3.7(2) or (3); or |
| (c) |
| (i) |
the individual’s possession or use complies with 2; and |
| (ii) |
the individual reasonably complies with the directions of use and dosing guidelines determined by the individual’s qualified medical provider or through a consultation described in Subsection 26B-4-230(5). |
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| (3) |
In a proceeding under this chapter, a parent’s or guardian‘s use of cannabis or a cannabis product is not abuse or neglect of a child unless there is evidence showing that:
| (a) |
the child is harmed because of the child’s inhalation or ingestion of cannabis, or because of cannabis being introduced to the child’s body in another manner; or |
| (b) |
the child is at an unreasonable risk of harm because of chronic inhalation or ingestion of cannabis or chronic introduction of cannabis to the child’s body in another manner. |
|
| (4) |
Unless there is harm or an unreasonable risk of harm to the child as described in Subsection (3), a parent’s or guardian‘s use of medical cannabis or a cannabis product is not contrary to the best interests of a child if:
| (a) |
for a medical cannabis cardholder after January 1, 2021, the parent’s or guardian’s possession or use complies with 2, and there is no evidence that the parent’s or guardian’s use of medical cannabis unreasonably deviates from the directions of use and dosing guidelines determined by the parent’s or guardian’s qualified medical provider or through a consultation described in Subsection 26B-4-230(5); or |
| (b) |
before January 1, 2021, the parent’s or guardian’s possession or use complies with Subsection 58-37-3.7(2) or (3). |
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| (5) |
Subsection (3) does not prohibit a finding of abuse or neglect of a child and Subsection (3) does not prohibit a finding that a parent’s or guardian’s use of medical cannabis or a cannabis product is contrary to the best interests of a child, if there is evidence showing a nexus between the parent’s or guardian’s use of cannabis or a cannabis product and behavior that would separately constitute abuse or neglect of the child. |
Amended by Chapter 273, 2023 General Session
Amended by Chapter 317, 2023 General Session
Amended by Chapter 330, 2023 General Session
Amended by Chapter 330, 2023 General Session, (Coordination Clause)
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