Utah Code 58-37-3.7. Medical cannabis decriminalization
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(1) As used in this section:
Terms Used In Utah Code 58-37-3.7
- Allegation: something that someone says happened.
- Arrest: Taking physical custody of a person by lawful authority.
- Drug: means :(1)(r)(i)(A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;(1)(r)(i)(B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;(1)(r)(i)(C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and(1)(r)(i)(D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2
- 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.
- 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
- Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 58-37-2
- State: means the state of Utah. See Utah Code 58-37-2
- use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2
(1)(a) “Cannabis” means the same as that term is defined in Section 26B-4-201.(1)(b) “Cannabis product” means the same as that term is defined in Section 26B-4-201.(1)(c) “Legal dosage limit” means the same as that term is defined in Section 26B-4-201.(1)(d) “Medical cannabis card” means the same as that term is defined in Section 26B-4-201.(1)(e) “Medical cannabis device” means the same as that term is defined in Section 26B-4-201.(1)(f) “Medicinal dosage form” means the same as that term is defined in Section 26B-4-201.(1)(g) “Nonresident patient” means the same as that term is defined in Section 26B-4-201.(1)(h) “Qualifying condition” means the same as that term is defined in Section 26B-4-201.(1)(i) “Tetrahydrocannabinol” means the same as that term is defined in Section 58-37-3.9.(2) Before July 1, 2021, including during the period between January 1, 2021, and March 17, 2021, an individual is not guilty under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia if:(2)(a) at the time of the arrest or citation, the individual:(2)(a)(i) for possession, was a medical cannabis cardholder; or(2)(a)(ii) for use, was a medical cannabis patient cardholder or a minor with a provisional patient card under the supervision of a medical cannabis guardian cardholder; and(2)(b)(2)(b)(i) for use or possession of marijuana or tetrahydrocannabinol, the marijuana or tetrahydrocannabinol is one of the following in an amount that does not exceed the legal dosage limit:(2)(b)(i)(A) unprocessed cannabis in a medicinal dosage form; or(2)(b)(i)(B) a cannabis product in a medicinal dosage form; and(2)(b)(ii) for use or possession of marijuana drug paraphernalia, the paraphernalia is a medical cannabis device.(3) A nonresident patient is not guilty under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter if:(3)(a) for use or possession of marijuana or tetrahydrocannabinol, the marijuana or tetrahydrocannabinol is one of the following in an amount that does not exceed the legal dosage limit:(3)(a)(i) unprocessed cannabis in a medicinal dosage form; or(3)(a)(ii) a cannabis product in a medicinal dosage form; and(3)(b) for use or possession of marijuana drug paraphernalia, the paraphernalia is a medical cannabis device.(4)(4)(a) There is a rebuttable presumption against an allegation of use or possession of marijuana or tetrahydrocannabinol if:(4)(a)(i) an individual fails a drug test based on the presence of tetrahydrocannabinol in the sample; and(4)(a)(ii) the individual provides evidence that the individual possessed or used cannabidiol or a cannabidiol product.(4)(b) The presumption described in Subsection (4)(a) may be rebutted with evidence that the individual purchased or possessed marijuana or tetrahydrocannabinol that is not authorized under:(4)(b)(i) Section 4-41-402; or(5)(5)(a) An individual is not guilty under this chapter for the use or possession of marijuana drug paraphernalia if the drug paraphernalia is a medical cannabis device.(5)(b) Nothing in this section prohibits a person, either within the state or outside the state, from selling a medical cannabis device within the state.(5)(c) A person is not required to hold a license under Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, to qualify for the protections of this section to sell a medical cannabis device.