58-37-402. Exemption for possession or use of cannabis to treat a qualifying illness -- Penalties.
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/ut/title-58/chapter-37/58-37-402A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
58-37-402. Exemption for possession or use of cannabis to treat a qualifying illness -- Penalties.
(1)As used in this section:
(a)"Cannabis" means marijuana.
(b)"Cannabis product" means the same as that term is defined in Section 26B-4-201 .
(c)"Drug paraphernalia" means the same as that term is defined in Section 76-18-301 .
(d)"Medical cannabis cardholder" means the same as that term is defined in Section 26B-4-201 .
(e)"Medical cannabis device" means the same as that term is defined in Section 26B-4-201 .
(f)"Medicinal dosage form" means the same as that term is defined in Section 26B-4-201 .
(g)"Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic description as described in Subsection 58-37-108(2)(a)(iii)(AA) .
(2)Notwithstanding any other provision of law, except as otherwise provided in this section:
(a)an individual is not guilty of a violation of this title or Title 76, Chapter 18, Drug Offenses, for the following conduct if the individual engages in the conduct in accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies , or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis :
(i)possessing, ingesting, inhaling, producing, manufacturing, dispensing, distributing, selling, or offering to sell cannabis or a cannabis product; or
(ii)possessing cannabis or a cannabis product with the intent to engage in the conduct described in Subsection (2)(a)(i) ; and
(b)an individual is not guilty of a violation of this title or Title 76, Chapter 18, Drug Offenses, regarding drug paraphernalia if the individual, in accordance with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies , and Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis :
(i)possesses, manufactures, distributes, sells, or offers to sell a medical cannabis device; or
(ii)possesses a medical cannabis device with the intent to engage in any of the conduct described in Subsection (2)(b)(i) .
(a)As used in this Subsection
(3), "smoking" does not include the vaporization or heating of medical cannabis.
(b)Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis , does not authorize a medical cannabis cardholder to smoke or combust cannabis or to use a device to facilitate the smoking or combustion of cannabis.
(c)A medical cannabis cardholder or a nonresident patient who smokes cannabis or engages in any other conduct described in Subsection (3)(b) :
(i)does not possess the cannabis in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis ; and
(ii)is, for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia for the conduct described in Subsection (3)(b) :
(A)for the first offense, guilty of an infraction and subject to a fine of up to $100; and
(B)for a second or subsequent offense, subject to charges under this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances.
(4)An individual who is assessed a penalty or convicted of a crime under Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies , or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis , is not, based on the conduct underlying that penalty or conviction, subject to a penalty described in this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for:
(a)the possession, manufacture, sale, or offer for sale of cannabis or a cannabis product; or
(b)the possession, manufacture, sale, or offer for sale of drug paraphernalia.
(a)Nothing in this section prohibits a person, either within the state or outside the state, from selling a medical cannabis device within the state.
(b)A person is not required to hold a license under Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies , or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis , to qualify for the protections of this section to sell a medical cannabis device.
(6)A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section.
Renumbered and Amended by Chapter 362 , 2026 General Session