Utah Legal Information
In 2014, Utah passed HB 105, which 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. The state requires that extracts must contain at least 15% CBD, have no more than 0.3% THC, and must be free of other psychoactive substances. There is no framework for how patients should obtain these products.
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.
In November 2018, Utah voters approved Proposition 2, which legalized medical cannabis. The Utah Legislature passed HB 3001 as a mechanism to implement medical cannabis. The legislative bill differed significantly from what the voters had passed, and continues to face ongoing legal challenges.
In This Section
The Utah State Legislature passed HB 3001 in 2018 to implement and revise Proposition 2, a ballot initiative that legalized the use and possession of medical cannabis.
Medical cannabis patients who are diagnosed with debilitating conditions can expect to receive identification cards by March 1, 2020.
Providers must register as a qualified medical provider through an Electronic Verification System (EVS) established by the UDOH. The EVS will be operational by March 1, 2020.
Caregivers are permitted, but only for minor-patients and the caregiver must be the patient’s parent or legal guardian. A parent or legal guardian is required to serve as the cardholder for a patient under the age of 18.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.