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.
On June 26, 2017 Utah patient advocates launched a ballot initiative that allowed access to whole plant cannabis. If the proper amount of signatures are gathered, this will appear on the Utah ballot in 2018.
In This Section
Utah’s medical cannabis legislation took effect in July 2014, establishing legal protection for an extremely narrow class of residents. Under the law, licensed neurologists can recommend hemp extract to treat severe forms of epilepsy.
Medical cannabis patients who are diagnosed with severe epilepsy and obtain a registration card are exempt from criminal penalties under Utah law for possessing cannabis extracts that contain less than 0.3% THC and at least 15% CBD.
Licensed neurologists can legally recommend hemp extract for patients with uncontrolled epilepsy.
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.