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Section 3.7 - Medical cannabis decriminalization.

UT Code § 58-37-3.7 (2019) (N/A)
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(1) As used in this section: (a) "Cannabis" means the same as that term is defined in Section 26-61a-102. (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102. (c) "Medical cannabis card" means the same as that term is defined in Section 26-61a-102. (d) "Medical cannabis device" means the same as that term is defined in Section 26-61a-102. (e) "Medical cannabis pharmacy" means the same as that term is defined in Section 26-61a-102. (f) "Medicinal dosage form" means the same as that term is defined in Section 26-61a-102. (g) "Qualified medical provider" means the same as that term is defined in Section 26-61a-102. (h) "Qualifying condition" means the same as that term is defined in Section 26-61a-102. (i) "Tetrahydrocannabinol" means the same as that term is defined in Section 58-37-3.9.

(a) "Cannabis" means the same as that term is defined in Section 26-61a-102.

(b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.

(c) "Medical cannabis card" means the same as that term is defined in Section 26-61a-102.

(d) "Medical cannabis device" means the same as that term is defined in Section 26-61a-102.

(e) "Medical cannabis pharmacy" means the same as that term is defined in Section 26-61a-102.

(f) "Medicinal dosage form" means the same as that term is defined in Section 26-61a-102.

(g) "Qualified medical provider" means the same as that term is defined in Section 26-61a-102.

(h) "Qualifying condition" means the same as that term is defined in Section 26-61a-102.

(i) "Tetrahydrocannabinol" means the same as that term is defined in Section 58-37-3.9.

(2) Before January 1, 2021, an individual is not guilty under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia if: (a) at the time of the arrest or citation, the individual: (i) (A) had been diagnosed with a qualifying condition; and (B) had a pre-existing provider-patient relationship with an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act, who believed that the individual's illness described in Subsection (2)(a)(i)(A) could benefit from the use in question; (ii) for possession, was: (A) the parent or legal guardian of an individual described in Subsection (2)(a)(i) who is a minor; or (B) the spouse of an individual described in Subsection (2)(a)(i); or (iii) (A) for possession, was a medical cannabis cardholder; or (B) for use, was a medical cannabis patient cardholder or a minor with a qualifying condition under the supervision of a medical cannabis guardian cardholder; and (b) the marijuana or tetrahydrocannabinol was in a medicinal dosage form in one of the following amounts: (i) no more than 56 grams by weight of unprocessed cannabis; or (ii) an amount of cannabis products that contains, in total, no more than 10 grams of total composite tetrahydrocannabinol.

(a) at the time of the arrest or citation, the individual: (i) (A) had been diagnosed with a qualifying condition; and (B) had a pre-existing provider-patient relationship with an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act, who believed that the individual's illness described in Subsection (2)(a)(i)(A) could benefit from the use in question; (ii) for possession, was: (A) the parent or legal guardian of an individual described in Subsection (2)(a)(i) who is a minor; or (B) the spouse of an individual described in Subsection (2)(a)(i); or (iii) (A) for possession, was a medical cannabis cardholder; or (B) for use, was a medical cannabis patient cardholder or a minor with a qualifying condition under the supervision of a medical cannabis guardian cardholder; and

(i) (A) had been diagnosed with a qualifying condition; and (B) had a pre-existing provider-patient relationship with an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act, who believed that the individual's illness described in Subsection (2)(a)(i)(A) could benefit from the use in question;

(A) had been diagnosed with a qualifying condition; and

(B) had a pre-existing provider-patient relationship with an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act, who believed that the individual's illness described in Subsection (2)(a)(i)(A) could benefit from the use in question;

(ii) for possession, was: (A) the parent or legal guardian of an individual described in Subsection (2)(a)(i) who is a minor; or (B) the spouse of an individual described in Subsection (2)(a)(i); or

(A) the parent or legal guardian of an individual described in Subsection (2)(a)(i) who is a minor; or

(B) the spouse of an individual described in Subsection (2)(a)(i); or

(iii) (A) for possession, was a medical cannabis cardholder; or (B) for use, was a medical cannabis patient cardholder or a minor with a qualifying condition under the supervision of a medical cannabis guardian cardholder; and

(A) for possession, was a medical cannabis cardholder; or

(B) for use, was a medical cannabis patient cardholder or a minor with a qualifying condition under the supervision of a medical cannabis guardian cardholder; and

(b) the marijuana or tetrahydrocannabinol was in a medicinal dosage form in one of the following amounts: (i) no more than 56 grams by weight of unprocessed cannabis; or (ii) an amount of cannabis products that contains, in total, no more than 10 grams of total composite tetrahydrocannabinol.

(i) no more than 56 grams by weight of unprocessed cannabis; or

(ii) an amount of cannabis products that contains, in total, no more than 10 grams of total composite tetrahydrocannabinol.

(3) An individual is not guilty under this chapter for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter if: (a) at the time of the arrest or citation, the individual: (i) was not a resident of Utah or has been a resident of Utah for less than 45 days; (ii) had 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 (iii) had been diagnosed with a qualifying condition as described in Section 26-61a-104; and (b) the marijuana or tetrahydrocannabinol is in a medicinal dosage form in one of the following amounts: (i) no more than 113 grams by weight of unprocessed cannabis; or (ii) an amount of cannabis products that contains, in total, no more than 20 grams of total composite tetrahydrocannabinol.

(a) at the time of the arrest or citation, the individual: (i) was not a resident of Utah or has been a resident of Utah for less than 45 days; (ii) had 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 (iii) had been diagnosed with a qualifying condition as described in Section 26-61a-104; and

(i) was not a resident of Utah or has been a resident of Utah for less than 45 days;

(ii) had 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

(iii) had been diagnosed with a qualifying condition as described in Section 26-61a-104; and

(b) the marijuana or tetrahydrocannabinol is in a medicinal dosage form in one of the following amounts: (i) no more than 113 grams by weight of unprocessed cannabis; or (ii) an amount of cannabis products that contains, in total, no more than 20 grams of total composite tetrahydrocannabinol.

(i) no more than 113 grams by weight of unprocessed cannabis; or

(ii) an amount of cannabis products that contains, in total, no more than 20 grams of total composite tetrahydrocannabinol.

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Section 3.7 - Medical cannabis decriminalization.