Utah Code 59-12-104.10. Exemption from sales tax for cannabis
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 59-12-104.10
- Sale: includes :(118)(b)(i) installment and credit sales;(118)(b)(ii) any closed transaction constituting a sale;(118)(b)(iii) any sale of electrical energy, gas, services, or entertainment taxable under this chapter;(118)(b)(iv) any transaction if the possession of property is transferred but the seller retains the title as security for the payment of the price; and(118)(b)(v) any transaction under which right to possession, operation, or use of any article of tangible personal property is granted under a lease or contract and the transfer of possession would be taxable if an outright sale were made. See Utah Code 59-12-102(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) “Medical cannabis device” means the same as that term is defined in Section 26B-4-201.(1)(d) “Medical cannabis pharmacy” means the same as that term is defined in Section 26B-4-201.(1)(e) “Medicinal dosage form” means the same as that term is defined in Section 26B-4-201.
(2) In addition to the exemptions described in Section 59-12-104, the sale by a licensed medical cannabis pharmacy of the following is not subject to the taxes this chapter imposes:
(2)(a) cannabis in a medicinal dosage form; or
(2)(b) a cannabis product in a medicinal dosage form.
(3) The sale of a medical cannabis device by a medical cannabis pharmacy is subject to the taxes this chapter imposes.