Utah Code 26B-4-220. Enforcement — Misdemeanor
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(1) Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, it is unlawful for a medical cannabis cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis device, or any cannabis residue remaining in or from a medical cannabis device.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 26B-4-220
- 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
- Designated caregiver: means :
(16)(a) an individual:(16)(a)(i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and(16)(a)(ii) who registers with the department under Section26B-4-214 ; or(16)(b)(16)(b)(i) a facility that an individual designates as a designated caregiver in accordance with Subsection26B-4-214 (1)(b); or(16)(b)(ii) an assigned employee of the facility described in Subsection26B-4-214 (1)(b)(ii). 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
- Medical cannabis cardholder: means :
(28)(a) a holder of a medical cannabis card; or(28)(b) a facility or assigned employee, described in Subsection (16)(b), only:(28)(b)(i) within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection26B-4-214 (1)(b); and(28)(b)(ii) while in possession of documentation that establishes:(28)(b)(ii)(A) a caregiver designation described in Subsection26B-4-214 (1)(b);(28)(b)(ii)(B) the identity of the individual presenting the documentation; and(28)(b)(ii)(C) the relation of the individual presenting the documentation to the caregiver designation. See Utah Code 26B-4-201- Medical cannabis device: means a device that an individual uses to ingest or inhale 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(2)(2)(a) Except as provided in Subsection (2)(b), a medical cannabis cardholder who violates Subsection (1) is:(2)(a)(i) guilty of a class B misdemeanor; and(2)(a)(ii) subject to a $1,000 fine.(2)(b) An individual is not guilty under Subsection (2)(a) if the individual:(2)(b)(i)(2)(b)(i)(A) is a designated caregiver; and(2)(b)(i)(B) gives the product described in Subsection (1) to the medical cannabis cardholder who designated the individual as a designated caregiver; or(2)(b)(ii)(2)(b)(ii)(A) is a medical cannabis guardian cardholder; and(2)(b)(ii)(B) gives the product described in Subsection (1) to the relevant provisional patient cardholder.(2)(c) An individual who is guilty of a violation described in Subsection (2)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (2)(a). - Designated caregiver: means :