5 Quick Facts about the Utah Medical Cannabis Act

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In Utah, the Medical Cannabis Act allows individuals to acquire, use, and sell cannabis legally for certain medical conditions. While it’s legal to use cannabis under this act, there are still plenty of details within the law that may affect those who have a legal right to use cannabis in the state.

1. Qualifying Conditions to Get a Medical Cannabis Card

There are more than a dozen conditions that may qualify someone for a medical cannabis card. Below are just a few. You can find the complete list on the Utah Code website.

• HIV or acquired immune deficiency syndrome
• Alzheimer's disease
• Cancer
• Persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy or various conditions.
• Epilepsy or debilitating seizures
• Multiple sclerosis or persistent and debilitating muscle spasms
• Post-traumatic stress disorder that is being treated and monitored by a licensed mental health therapist
• Autism
• A terminal illness when the patient's remaining life expectancy is less than six months
• Pain lasting longer than two weeks that is not adequately managed with various treatments

Additionally, the Compassionate Use Board may approve other conditions on a case-by-case basis.

2. How to Get a Medical Cannabis Card

There are two types of medical cannabis cards in Utah: a medical cannabis patient card and a medical cannabis guardian card.

You can be eligible for a medical cannabis patient card if you meet the following criteria:

• you are at least 21 years old; or if you are 18, 19, or 20 years old and petition the Compassionate Use Board and receive approval
• Utah resident
• your medical provider recommends treatment with medical cannabis
• sign an acknowledgment
• pay a fee

You can be eligible for a medical cannabis guardian card if you meet the following criteria:

• you are at least 18 years old
• Utah resident
• you are the parent or legal guardian of a minor for whom the minor's qualified medical provider recommends a medical cannabis treatment and the Compassionate Use Board approves your petition
• sign an acknowledgment
• pay a fee (including the cost of a criminal background check)
• you have not been convicted of a misdemeanor or felony drug distribution offense under either state or federal law, unless you have completed any imposed sentence six months or more before the day on which you apply for a medical cannabis guardian card

A minor is eligible for a provisional patient card if

• the minor has a qualifying condition
• the minor's qualified medical provider recommends a medical cannabis treatment
• one of the minor's parents or legal guardians petitions the Compassionate Use Board
• the minor's parent or legal guardian is eligible for a medical cannabis guardian card

A minor is automatically issued a provisional patient card at the same time their parent or legal guardian gets a medical cannabis guardian card. Additionally, a cardholder may designate up to two individuals, or an individual and a facility, to serve as a designated caregiver for the cardholder.

3. Punishments for Sharing Your Medical Cannabis

The laws around sharing medical cannabis are pretty strict and specific. Medical cannabis cardholders can’t sell or give to another cardholder cannabis or a cannabis product in a medicinal dosage, a medical cannabis device, or even cannabis residue remaining from a medical cannabis device. (This law does not apply in certain circumstances involving designated caregivers.)

Illegally sharing your medical cannabis is a class B misdemeanor and comes with a potential $1,000 fine.

4. How to Get a Medical Cannabis Pharmacy License

If you want to take advantage of the distribution side of the Medical Cannabis Act, there are quite a few rules for getting a medical cannabis pharmacy license. Some of the rules are below. For the full details, visit the Utah Code website.

An applicant for a medical cannabis pharmacy license is eligible by completing the following:

• a proposed name and address
• the name and address of anyone with a 2% or greater financial or voting interest in a public company associated with the pharmacy (other rules apply for private companies)
• a statement that the applicant will obtain and maintain a performance bond of at least $100,000 for each application
• an operating plan that complies with state-designated guidelines
• an application fee
• a description of any investigation, in any state, for violations in relation to any of the applicant's cannabis-related operations
• A person may not locate a medical cannabis pharmacy
• within 200 feet of a community location; or
• in or within 600 feet of a primarily residential area

Waivers may be available to reduce the proximity requirements.

5. Rules for Employment Drug Testing with a Medical Cannabis Card

Government employees in a state or political subdivision with a valid medical cannabis card are legally protected from being punished for failing a drug test due to marijuana or tetrahydrocannabinol. However, if there is evidence you were impaired on the job due to the use of medical cannabis, the protection doesn’t apply. This protection does not apply to individuals employed by a private employer.

Find a Lawyer for Your Medical Cannabis Case

If you have been charged with a crime related to your medical cannabis use, or if you believe you have been wrongfully fired due to a positive cannabis test while having a valid medical cannabis card, the expert defense team at Brown, Bradshaw & Moffat are ready to fight for your rights. We have been following the laws around medical cannabis since day 1. We have the experience to help you get the best outcome.

Call us today at (801) 532-5297 for a free consultation or to get started on your defense.

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