Terms Used In Utah Code > Title 26B > Chapter 4 > Part 2 - Cannabinoid Research and Medical Cannabis

• Accommodation: means :
       (1)(a) a hotel or motel room;
       (1)(b) a condominium or cooperative unit;
       (1)(c) a cabin;
       (1)(d) a lodge;
       (1)(e) an apartment; or
       (1)(f) a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2
• Active tetrahydrocannabinol: means THC, any THC analog, and tetrahydrocannabinolic acid. See Utah Code 26B-4-201
• Administration of criminal justice: means the performance of detection, apprehension, detention, pretrial release, post-trial release, prosecution, and adjudication. See Utah Code 26B-4-201
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advertise: means information provided by a person in any medium:
       (3)(a) to the public; and
       (3)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201
• Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 26B-4-201
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bequest: Property gifted by will.
• Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2
• Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2
• Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2
• Cannabis: means marijuana. See Utah Code 26B-4-201
• Cannabis processing facility: means the same as that term is defined in Section 4-41a-102. 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
• Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
• Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 26B-4-201
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditional medical cannabis card: means an electronic medical cannabis card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. See Utah Code 26B-4-201
• conservation easement: means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. See Utah Code 57-18-2
• Consolidation: means the registration of one or more additional sites or interests in a development after the division approves the development's registration. See Utah Code 57-19-2
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance database: means the controlled substance database created in Section 58-37f-201. See Utah Code 26B-4-201
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Delivery address: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
• Department: means the Department of Health and Human Services. 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 Section 26B-4-214; or
       (16)(b)

            (16)(b)(i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b); or

            (16)(b)(ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii). See Utah Code 26B-4-201
• Developer: means a person that:
       (10)(a) establishes, owns, offers, sells, or operates a timeshare development or camp resort; or
       (10)(b) engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. See Utah Code 57-19-2
• Development: includes :
            (11)(b)(i) a single-site development; or
            (11)(b)(ii) a multiple-site development. See Utah Code 57-19-2
• Devise: To gift property by will.
• Direct sales presentation: means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. See Utah Code 57-19-2
• Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
• Director: means the director of the division. See Utah Code 57-19-2
• Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
• Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
• Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Executive director: means the executive director of the Department of Commerce. See Utah Code 57-19-2
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government issued photo identification: means any of the following forms of identification:
       (19)(a) a valid state-issued driver license or identification card;
       (19)(b) a valid United States federal-issued photo identification, including:

            (19)(b)(i) a United States passport;

            (19)(b)(ii) a United States passport card;

            (19)(b)(iii) a United States military identification card; or

            (19)(b)(iv) a permanent resident card or alien registration receipt card; or
       (19)(c) a foreign passport. See Utah Code 26B-4-201
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 26B-4-201
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest: includes a membership agreement, sale, lease, deed, license, or right-to-use agreement. See Utah Code 57-19-2
• Inventory control system: means the system described in Section 4-41a-103. See Utah Code 26B-4-201
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal dosage limit: means an amount that:
       (22)(a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the relevant recommending medical provider or the state central patient portal or pharmacy medical provider, in accordance with Subsection 26B-4-230(5), recommends; and
       (22)(b) may not exceed:

            (22)(b)(i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and

            (22)(b)(ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater than 20 grams of active tetrahydrocannabinol. See Utah Code 26B-4-201
• Legal use termination date: means a date on the label of a container of unprocessed cannabis flower:
       (23)(a) that is 60 days after the date of purchase of the cannabis; and
       (23)(b) after which, the cannabis is no longer in a medicinal dosage form outside of the primary residence of the relevant medical cannabis patient cardholder. See Utah Code 26B-4-201
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited medical provider: means an individual who:
       (24)(a) meets the recommending qualifications; and
       (24)(b) has no more than 15 patients with a valid medical cannabis patient card as a result of the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b). See Utah Code 26B-4-201
• Marijuana: means the same as that term is defined in Section 58-37-2. 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 card: means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. 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 Subsection 26B-4-214(1)(b); and

            (28)(b)(ii) while in possession of documentation that establishes:

                 (28)(b)(ii)(A) a caregiver designation described in Subsection 26B-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 caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
       (29)(a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and
       (29)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
• Medical cannabis courier: means the same as that term is defined in Section 4-41a-102. 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
• Medical cannabis guardian card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
       (32)(a) the department issues to the parent or legal guardian of a minor with a qualifying condition; and
       (32)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
• Medical cannabis patient card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
       (33)(a) the department issues to an individual with a qualifying condition; and
       (33)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
• Medical cannabis pharmacy: means a person that:
       (34)(a)

            (34)(a)(i) acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or

            (34)(a)(ii) possesses medical cannabis or a medical cannabis device; and
       (34)(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201
• Medical cannabis pharmacy agent: means an individual who holds a valid medical cannabis pharmacy agent registration card issued by the department. See Utah Code 26B-4-201
• Medical cannabis shipment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
• Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonresident patient: means an individual who:
       (40)(a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
       (40)(b) has a currently valid medical cannabis card or the equivalent of a medical cannabis card under the laws of another state, district, territory, commonwealth, or insular possession of the United States; and
       (40)(c) has been diagnosed with a qualifying condition as described in Section 26B-4-203. 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.
• Offer: means a solicitation solely intended to result in a person purchasing an interest in a development. See Utah Code 57-19-2
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219. See Utah Code 26B-4-201
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property report: means the form of a written disclosure described in Section 57-19-11. See Utah Code 57-19-2
• Provisional patient card: means a card that:
       (42)(a) the department issues to a minor with a qualifying condition for whom:

            (42)(a)(i) a recommending medical provider has recommended a medical cannabis treatment; and

            (42)(a)(ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian; and
       (42)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
• Purchaser: means a person who purchases an interest in a development. See Utah Code 57-19-2
• Qualified medical provider: means an individual:
       (43)(a) who meets the recommending qualifications; and
       (43)(b) whom the department registers to recommend treatment with cannabis in a medicinal dosage form under Section 26B-4-204. See Utah Code 26B-4-201
• Qualified Patient Enterprise Fund: means the enterprise fund created in Section 26B-1-310. See Utah Code 26B-4-201
• Qualifying condition: means a condition described in Section 26B-4-203. See Utah Code 26B-4-201
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• recommendation: means , for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:
       (46)(a) certifies the patient's eligibility for a medical cannabis card; and
       (46)(b) may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines. See Utah Code 26B-4-201
• Recommending medical provider: means a qualified medical provider or a limited medical provider. See Utah Code 26B-4-201
• Recommending qualifications: means that an individual:
       (48)(a)

            (48)(a)(i) has the authority to write a prescription;

            (48)(a)(ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act; and

            (48)(a)(iii) possesses the authority, in accordance with the individual's scope of practice, to prescribe a Schedule II controlled substance; and
       (48)(b) is licensed as:

            (48)(b)(i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;

            (48)(b)(ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;

            (48)(b)(iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or

            (48)(b)(iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-201
• Registration: means :
       (20)(a) for a development, an approved application for registration described in Section 57-19-5; or
       (20)(b) for a salesperson, an approved application for registration described in Section 57-19-15. See Utah Code 57-19-2
• renew: means extending a development's or a salesperson's registration for an additional period on or before the registration's expiration date. See Utah Code 57-19-2
• Salesperson: means an individual who, for compensation and as agent for another, is engaged in obtaining commitments of persons to purchase an interest in a development by making direct sales presentations to those persons. See Utah Code 57-19-2
• sell: means selling an interest in a development for value. See Utah Code 57-19-2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Site: includes a geographic location where one or more camping sites or accommodations are located that is constructed in phases and is under common management. See Utah Code 57-19-2
• 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
• State central patient portal: means the website the department creates, in accordance with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical cannabis order. See Utah Code 26B-4-201
• State electronic verification system: means the system described in Section 26B-4-202. See Utah Code 26B-4-201
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Targeted marketing: means the promotion by a qualified medical provider, medical clinic, or medical office that employs a qualified medical provider of a medical cannabis recommendation service using any of the following methods:
       (51)(a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information;
       (51)(b) an in-person marketing event that is held in an area where only an individual who is at least 21 years old may access the event;
       (51)(c) other marketing material that is physically or digitally displayed in the office of the medical clinic or office that employs a qualified medical provider; or
       (51)(d) a leaflet that a qualified medical provider, medical clinic, or medical office that employs a qualified medical provider shares with an individual who is at least 21 years old. See Utah Code 26B-4-201
• THC: means a substance derived from cannabis or a synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA). See Utah Code 26B-4-201
• THC analog: means the same as that term is defined in Section 4-41-102. See Utah Code 26B-4-201
• Timeshare development: means an enterprise with the primary purpose of offering a timeshare interest, including an interest that gives the purchaser the right to use and occupy an accommodation at a single- or multiple-site development. See Utah Code 57-19-2
• Timeshare estate: means a small, undivided fractional fee interest in real property by which the purchaser does not receive any right to use an accommodation except as provided by contract, declaration, or other instrument defining a legal right. See Utah Code 57-19-2
• Timeshare interest: includes a timeshare estate. See Utah Code 57-19-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5