Terms Used In Utah Code > Title 57 > Chapter 18 - Land Conservation Easement Act

• 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
• Bequest: Property gifted by will.
• 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
• Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. 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
• 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.
• Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
• Devise: To gift property by will.
• Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
• Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• 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}
• 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
• 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 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 courier: means the same as that term is defined in Section 4-41a-102. 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 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
• 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.
• 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.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• 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
• 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
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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 electronic verification system: means the system described in Section 26B-4-202. See Utah Code 26B-4-201
• 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
• 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