§ 26B-4-220 — Enforcement -- Misdemeanor.

Utah § 26B-4-220

• Jurisdiction: Utah
• Title 26B: Utah Health and Human Services Code
• Ch. 26B-4: Health Care - Delivery and Access
• Part 26B-4-2: Cannabinoid Research and Medical Cannabis

Text

(1) Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, it is unlawful for a medical cannabis cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis device, or any cannabis residue remaining in or from a medical cannabis device.
(2) (2)(a) Except as provided in Subsection (2)(b), a medical cannabis cardholder who violates Subsection (1) is:
(2)(a)(i) guilty of a class B misdemeanor; and
(2)(a)(ii) subject to a $1,000 fine.
(2)(b) An individual is not guilty under Subsection (2)(a) if the individual:
(2)(b)(i) (2)(b)(i)(A) is a designated caregiver; and
(2)(b)(i)(B) gives the product described in Subsection (1) to the medical cannabis cardholder who designated the individual as a designated caregiver; or
(2)(b)(ii) (2)(b)(ii)(A) is a medical cannabis guardian cardholder; and
(2)(b)(ii)(B) gives the product described in Subsection (1) to the relevant provisional patient cardholder.
(2)(c) An individual who is guilty of a violation described in Subsection (2)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (2)(a).

Legislative History

Amended by Chapter 273, 2023 General Session; Amended by Chapter 307, 2023 General Session, (Coordination Clause); Renumbered and Amended by Chapter 307, 2023 General Session