Utah Code 26B-4-207. Nondiscrimination for medical care or government employment — Notice to prospective and current public employees — No effect on private employers
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(1) For purposes of medical care, including an organ or tissue transplant, a patient’s use, in accordance with this part, of cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form:
Terms Used In Utah Code 26B-4-207
- Cannabis: means marijuana. See Utah Code 26B-4-201
- Cannabis product: means a product that:(8)(a) is intended for human use; and(8)(b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201
- Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
- Medicinal dosage form: includes a portion of unprocessed cannabis flower that:
(39)(b)(i) the medical cannabis cardholder has recently removed from the container described in Subsection (39)(a)(ii) for use; and(39)(b)(ii) does not exceed the quantity described in Subsection (39)(a)(ii). See Utah Code 26B-4-201- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) is considered the equivalent of the authorized use of any other medication used at the discretion of a physician; and(1)(b) does not constitute the use of an illicit substance or otherwise disqualify an individual from needed medical care.(2)(2)(a)(2)(a)(i) A state employer or a political subdivision employer shall take the action described in Subsection (2)(a)(ii) before:(2)(a)(i)(A) giving to a current employee an assignment or duty that arises from or directly relates to an obligation under this part; or(2)(a)(i)(B) hiring a prospective employee whose assignments or duties would include an assignment or duty that arises from or directly relates to an obligation under this part.(2)(a)(ii) The employer described in Subsection (2)(a)(i) shall give the employee or prospective employee described in Subsection (2)(a)(i) a written notice that notifies the employee or prospective employee:(2)(a)(ii)(A) that the employee’s or prospective employee’s job duties may require the employee or prospective employee to engage in conduct which is in violation of the criminal laws of the United States; and(2)(a)(ii)(B) that in accepting a job or undertaking a duty described in Subsection (2)(a)(i), although the employee or prospective employee is entitled to the protections of Title 67, Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to carry out an assignment or duty that may be a violation of the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis.(2)(b) The Division of Human Resource Management shall create, revise, and publish the form of the notice described in Subsection (2)(a).(2)(c) Notwithstanding Subsection67-21-3 (3), an employee who has signed the notice described in Subsection (2)(a) may not:(2)(c)(i) claim in good faith that the employee’s actions violate or potentially violate the laws of the United States with respect to the manufacture, sale, or distribution of cannabis; or(2)(c)(ii) refuse to carry out a directive that the employee reasonably believes violates the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis.(2)(d) An employer may not take retaliatory action as defined in Section67-19a-101 against a current employee who refuses to sign the notice described in Subsection (2)(a).(3) Nothing in this section requires a private employer to accommodate the use of medical cannabis or affects the ability of a private employer to have policies restricting the use of medical cannabis by applicants or employees.