Utah Code 58-37-3.6. Exemption for possession or distribution of a cannabinoid product, expanded cannabinoid product, or transportable industrial hemp concentrate
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(1) As used in this section:
Terms Used In Utah Code 58-37-3.6
- Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not, including:(1)(aa)(i)(A) seeds;(1)(aa)(i)(B) resin extracted from any part of the plant, including the resin extracted from the mature stalks;(1)(aa)(i)(C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin;(1)(aa)(i)(D) any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active; and(1)(aa)(i)(E) any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. See Utah Code 58-37-2
- Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: means the state of Utah. See Utah Code 58-37-2
(1)(a) “Cannabinoid product” means a product intended for human ingestion that:(1)(a)(i) contains an extract or concentrate that is obtained from cannabis;(1)(a)(ii) is prepared in a medicinal dosage form; and(1)(a)(iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.(1)(b) “Cannabis” means any part of the plant cannabis sativa, whether growing or not.(1)(c) “Drug paraphernalia” means the same as that term is defined in Section58-37a-3 .(1)(d) “Expanded cannabinoid product” means a product intended for human ingestion that:(1)(d)(i) contains an extract or concentrate that is obtained from cannabis;(1)(d)(ii) is prepared in a medicinal dosage form; and(1)(d)(iii) contains less than 10 units of cannabidiol for every one unit of tetrahydrocannabinol.(1)(e) “Hemp cannabinoid product” means a product that:(1)(e)(i) contains or is represented to contain one or more naturally occurring cannabinoids;(1)(e)(ii) contains less than the cannabinoid product THC level, by dry weight;(1)(e)(iii) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;(1)(e)(iv) does not exceed a total of THC and any THC analog that is greater than five milligrams per serving and 150 milligrams per package; and(1)(e)(v) unless the product is in an oil based suspension, has a serving size that is an integer.(1)(f) “Transportable industrial hemp concentrate” means any amount of a natural cannabinoid in a purified state that:(1)(f)(i) is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass;(1)(f)(ii) is derived from a cannabis plant that, based on sampling that was collected no more than 30 days before the day on which the cannabis plant was harvested, contains a combined concentration of total THC and any THC analog of less than 0.3% on a dry weight basis; and(1)(f)(iii) has a THC and THC analog concentration total less than 20% when concentrated from the cannabis plant to the purified state.(1)(g) “Medicinal dosage form” means:(1)(g)(i) a tablet;(1)(g)(ii) a capsule;(1)(g)(iii) a concentrated oil;(1)(g)(iv) a liquid suspension;(1)(g)(v) a transdermal preparation; or(1)(g)(vi) a sublingual preparation.(1)(h) “Tetrahydrocannabinol” means a substance derived from cannabis that meets the description in Subsection58-37-4 (2)(a)(iii)(AA).
(2) Notwithstanding any other provision of this chapter an individual who possesses or distributes a cannabinoid product or an expanded cannabinoid product is not subject to the penalties described in this title for the possession or distribution of marijuana or tetrahydrocannabinol to the extent that the individual’s possession or distribution of the cannabinoid product or expanded cannabinoid product complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.
(3) Notwithstanding any other provision of this chapter, a person who possesses and distributes transportable industrial hemp concentrate is not subject to the penalties described in this chapter for the possession or distribution of transportable industrial hemp concentrate if the transportable industrial hemp concentrate is handled in accordance with the rules established under Subsection 4-41-103.1 (1)(e) or is destroyed.