Utah Medical Marijuana Laws and Regulations

Utah’s “Hemp Extract Registration Act” took effect in July 2014, establishing legal protection for an extremely narrow class of residents. Under the law, licensed neurologists can recommend the use of hemp extract for patients with severe epilepsy that is unresponsive to at least three other treatment options. Qualifying patients and their parents are not subject to criminal penalties for possession of cannabis extracts that contain less than 0.3% THC and at least 15% CBD if they obtain a registration card from the Utah Department of Health. While the law is silent on personal cultivation and dispensing of cannabis, a portion of the legislation known as the “Industrial Hemp Research Act” authorizes the Utah Department of Agriculture or state-approved academic institutions to produce cannabis for research purposes. Below are links to the actual legislation, a brief summary of the law and resources for passing more robust protections in Utah.

Brief Summary of Legislation:

Qualifying Patients

  • Must be a Utah resident at least 18 years of age
  • Must be diagnosed by neurologist with epilepsy unresponsive to 3+ treatment options
  • Must have signed certification from neurologist indicating that cannabis is beneficial
  • Must obtain a Hemp Extract Registration Card, at a cost of $200 per year
  • Must not possess hemp extracts that contain less than 15% CBD or more than 0.3% THC
  • Must not possess other forms of cannabis, including plants and dried flowers

Parent of Minor Patient

  • Must be a Utah residents at least 18 years of age
  • Must be a parent or legal guardian responsible for the minor’s medical care
  • Must have signed certification from child’s neurologist indicating that cannabis is beneficial
  • Must obtain a Hemp Extract Registration Card, at a cost of $200 per year
  • Must not possess hemp extracts that contain less than 15% CBD or more than 0.3% THC
  • Must not possess other forms of cannabis, including plants and dried flowers

Recommending Clinicians

  • Must be board certified in Neurology
  • Must be licensed to practice medicine in Utah
  • Must keep an evaluation record, including patient’s response to hemp extract
  • Must regularly reporting patient findings to Utah’s Department of Health

Cannabis Cultivators
No Explicit Legal Protection

Extraction Manufacturers
No Explicit Legal Protection

Distribution Facilities
No Explicit Legal Protection

Laws: 

http://le.utah.gov/~2014/bills/static/hb0105.html

Regulations:

http://www.rules.utah.gov/publicat/code/r436/r436-055.htm

Program:

Utah Department of Agriculture

Utah Department of Health

Utah’s Hemp Extract Registry

Helpful Links:

“Cannabis in the Clinic” by the University of Utah’s Genetic Science Learning Center

CBD Myths: The Truth About CBD and HEMP

Epilepsy Foundation

Project CBD

Potential Pitfalls of CBD-only Legislation

ASA’S Policy Shop

Becoming an ASA Affiliate or Starting an ASA Chapter or Action Group in Tennessee

The Medical Cannabis Advocate’s Training Center