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.
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.
Additionally, the Compassionate Use Board may approve other conditions on a case-by-case basis.
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:
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.
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.
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:
Waivers may be available to reduce the proximity requirements.
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.
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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