Utah

Navigating Utah State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Utah. 

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Background on State Laws

Medical cannabis is legal in Utah, however home cultivation is not. Patients and caregivers may shop at dispensaries where they can acquire a “30 day supply” of no more than 113 grams. Patient visitors to Utah are protected under the law so long as they have one of the conditions the state of Utah deems valid. Patients report the state’s dispensaries have been slow to open, and that the high price of medical cards are barriers to access.

Before turning to COVID emergency response legislation, Utah enacted SB 161 SB 121, and HB 425.  This package of legislation prohibits discrimination against cannabis patients in family court proceedings, protects patients who are state employees, allows physicians to maintain a higher caseload of cannabis patients and authorizes reciprocity for out-of-state patients visiting Utah.  The measures also provide for expungement of cannabis-related criminal records before the 2018 passage of Proposition 2, modify dosing parameters to give doctors greater flexibility in determining the best treatment options for patients, and extend the active period of state medical patient cards. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how Utah fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Utah can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	70/100
Arrest Protection 20/25 Affirmative Defense 20/20 Parental Rights Protections 20/20 DUI Protections 0/10 Employment Protections 5/20 Explicit Privacy Standards 5/5
Access to Medicine	30/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 10/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 5/30 Reciprocity 5/20
Program Functionality	62/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 6/10 Reasonable Purchase Limits 8/10 Telemedicine for Physician Certifications 9/15 Patient and Physician Representation in Program Decision Making 10/20 Reasonable Caregiver Standards 3/5 - Background Checks 2/2 - Number of Caregivers 1/3 Reasonable Physician Standards 3/5 Access to Administration Methods 7/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 2/5 Provides Access to Minors on School Grounds 0/5
Affordability	38/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 18/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	17/100
State Program Protections 0/25 Housing Protections 0/25 Access for Minors 6/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 6/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 5/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	120/200
Cultivation Operations 29/50 Quality Management Systems 0/10 Staff Training 10/10 Standard Operating Procedures 6/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 1/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 1/2 Required Testing 6/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 3/7 Manufacturing Operations 42/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 2/3 Required Testing 7/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 1/1 - Water Activity 0/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 3/5 Dispensary Operations 13/50 Staff Training 10/20 Standard Operating Procedures 3/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 36/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 10/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 0/4
Score Penalties	20/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 5/15 Administrative or Supply Problems 15/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.