26B-4-220. Enforcement -- Misdemeanor.
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Effective 5/6/2026
26B-4-220. Enforcement -- Misdemeanor.
(1)Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies , it is unlawful for a medical cannabis cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis device, or any cannabis residue remaining in or from a medical cannabis device.
(a)Except as provided in Subsection (2)(b) , a medical cannabis cardholder who violates Subsection
(1)is:
(i)guilty of a class B misdemeanor; and
(ii)subject to a $1,000 fine.
(b)An individual is not guilty under Subsection (2)(a) if the individual:
(A)is a designated caregiver; and
(B)gives the product described in Subsection
(1)to the medical cannabis cardholder who designated the individual as a designated caregiver; or
(A)is a medical cannabis guardian cardholder; and
(B)gives the product described in Subsection
(1)to the relevant provisional patient cardholder.
(c)An individual who is guilty of a violation described in Subsection (2)(a) is not guilty of a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the conduct underlying the violation described in Subsection (2)(a) .
Amended by Chapter 362 , 2026 General Session