58-1-513. Recommending medical provider cannabis advertisement -- Payment restriction -- Unprofessional conduct.

317 words·~1 min read·/ut/title-58/chapter-1/58-1-513

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2025

(1)As used in this section:

(a)"Recommending medical provider" means the same as that term is defined in Section 26B-4-201 .

(b)"Targeted marketing" means the same as that term is defined in Section 26B-4-201 .

(a)Except as provided in Subsections (2)(b) and (c), a person may not advertise that the person or the person's employee recommends a medical cannabis treatment.

(b)Notwithstanding Subsection (2)(a) and Section 4-41a-109 , a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider may advertise only the following:

(i)a green cross;

(ii)the provider's or clinic's name and logo;

(iii)a qualifying condition that the individual treats;

(iv)that the recommending medical provider, medical clinic, or medical office evaluates patients for medical cannabis recommendations;

(v)a scientific study regarding medical cannabis use; or

(vi)contact information.

(c)Notwithstanding Subsection (2)(a) and Section 4-41a-109 , a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider may engage in targeted marketing, as determined by the Department of Health and Human Services through rule, for advertising medical cannabis recommendation services.

(a)A recommending medical provider may not:

(i)receive any compensation or benefit for the recommending medical provider's medical cannabis treatment recommendation from:

(A)a cannabis production establishment or an owner, officer, director, board member, employee, or agent of a cannabis production establishment;

(B)a medical cannabis pharmacy or an owner, officer, director, board member, employee, or agent of a medical cannabis pharmacy; or

(C)a recommending medical provider or pharmacy medical provider; or

(ii)provide a medical cannabis recommendation at a medical clinic or medical office that is violating the advertising limitations described in Subsection (2).

(b)A violation of Subsection

(a)is unprofessional conduct.

Enacted by Chapter 392 , 2025 General Session