Utah Medical Marijuana Laws and Regulations

Utah’s “Hemp Extract Registration Act” (HB 105) 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, at least 5% CBD, and contains no other psychoactive substance 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.

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
  • Hemp extracts must contain at least  5% CBD, less than 0.3% THC, and cannot contain any other psychoactive substance
  • Must not possess other forms of cannabis, including plants and dried flowers
  • Hemp extract must be originally obtained from a sealed container with a label indicating the hemp extract's place of origin, and a number that corresponds with a certificate of analysis
  • Certificate of analysis must also include hemp extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol by weight, and must be created by a laboratory that not affiliated with the producer of the hemp extract and is licensed in the state where the hemp extract was produced

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
  • Hemp extracts must contain at least  5% CBD, less  than 0.3% THC, and cannot contain any other psychoactive substance
  • Must not possess other forms of cannabis, including plants and dried flowers
  • Hemp extract must be originally obtained from a sealed container with a label indicating the hemp extract's place of origin, and a number that corresponds with a certificate of analysis
  • Certificate of analysis must also include hemp extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol by weight, and must be created by a laboratory that not affiliated with the producer of the hemp extract and is licensed in the state where the hemp extract was produced

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

Cultivators

No Explicit Legal Protection

Extraction Manufacturers

No Explicit Legal Protection

Distribution Facilities

No Explicit Legal Protection

In 2016, the legislature passed HB 58 requiring the Department of Health to establish a procedure for neurologists to transmit records to DOH for a larger study and SCR 11, a resolution calling on Congress to reschedule medical cannabis to Schedule II.

Laws

HB 105 (2014) – creates a legal right to possess and use CBD-rich extracts of the cannabis plant for patients diagnosed by a neurologist with intractable epilepsy who obtain a registration ID card from the state.

HB 58  (2016) – requires the Department of Health to establish a procedure for neurologists to transmit records to DOH for a larger study

SCR 11 (2016) – a resolution calling on Congress to reschedule medical cannabis to Schedule II.  

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