Utah Code § 26B-4-201 — Utah Code / Title 26B / Chapter 26B-4 / § 26B-4-201
§ 26B-4-201. Definitions.
Status: in_force

As used in this part: (1) "Active tetrahydrocannabinol" means THC, any THC analog, and tetrahydrocannabinolic acid. (2) "Administration of criminal justice" means the performance of detection, apprehension, detention, pretrial release, post-trial release, prosecution, and adjudication. (3) "Advertise" means information provided by a person in any medium: (a) to the public; and (b) that is not age restricted to an individual who is at least 21 years old. (4) "Advisory board" means the Medical Cannabis Policy Advisory Board created in Section 4-41a-111. (5) "Cannabis" means marijuana. (6) "Cannabis cultivation facility" means the same as that term is defined in Section 4-41a-102. (7) "Cannabis processing facility" means the same as that term is defined in Section 4-41a-102. (8) "Cannabis product" means a product that: (a) is intended for human use; and (b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0.3% or greater on a dry weight basis. (9) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102. (10) "Cannabis production establishment agent" means the same as that term is defined in Section 4-41a-102. (11) "Cannabis production establishment agent registration card" means the same as that term is defined in Section 4-41a-102. (12) "Conditional medical cannabis card" means an electronic medical cannabis card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application. (13) "Controlled substance database" means the controlled substance database created in Section 58-37f-201. (14) "Delivery address" means the same as that term is defined in Section 4-41a-102. (15) "Department" means the Department of Agriculture and Food. (16) "Designated caregiver" means: (a) an individual: (i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and (ii) who registers with the department under Section 26B-4-214; or (b) (i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b); or (ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii). (17) "Directions of use" means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. (18) "Dosing guidelines" means a quantity range and frequency of administration for a recommended treatment of medical cannabis. (19) "Government issued photo identification" means any of the following forms of identification: (a) a valid state-issued driver license or identification card; (b) a valid United States federal-issued photo identification, including: (i) a United States passport; (ii) a United States passport card; (iii) a United States military identification card; or (iv) a permanent resident card or alien registration receipt card; (c) a foreign passport; or (d) a tribal government-issued photo identification. (20) "Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders. (21) "Incapacitated" means the same as that term is defined in Section 75-1-201. (22) "Inventory control system" means the system described in Section 4-41a-103. (23) "Legal dosage limit" means an amount that: (a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the relevant recommending medical provider or pharmacy medical provider, in accordance with Subsection 26B-4-231(5), recommends; and (b) may not exceed: (i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and (ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater than 20 grams of active tetrahydrocannabinol. (24) "Legal use termination date" means a date on the label of a container of unprocessed cannabis flower: (a) that is 60 days after the date of purchase of the cannabis; and (b) after which, the cannabis is no longer in a medicinal dosage form outside of the primary residence of the relevant medical cannabis patient cardholder. (25) "Licensing board" means the same as that term is defined in Section 4-41a-102. (26) (a) "Low THC product" means a product that: (i) is intended for human use; (ii) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of less than 0.3% on a dry weight basis; and (iii) is processed by a cannabis processing facility. (b) "Low THC product" does not include a product registered under Chapter 41, Hemp and Cannabinoid Act. (27) "Marijuana" means the same as that term is defined in Section 58-37-101. (28) "Medical cannabis" or "medical cannabis product" means: (a) cannabis in a medicinal dosage form; (b) a cannabis product in a medicinal dosage form; or (c) a low THC product in a medicinal dosage form. (29) "Medical cannabis card" means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. (30) "Medical cannabis cardholder" means: (a) a holder of a medical cannabis card; or (b) a facility or assigned employee, described in Subsection (16)(b), only: (i) within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection 26B-4-214(1)(b); and (ii) while in possession of documentation that establishes: (A) a caregiver designation described in Subsection 26B-4-214(1)(b); (B) the identity of the individual presenting the documentation; and (C) the relation of the individual presenting the documentation to the caregiver designation. (31) "Medical cannabis caregiver card" means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that: (a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and (b) is connected to the electronic verification system. (32) "Medical cannabis courier" means the same as that term is defined in Section 4-41a-102. (33) (a) "Medical cannabis device" means a device that an individual uses to ingest or inhale medical cannabis. (b) "Medical cannabis device" does not include a device that: (i) facilitates cannabis combustion; or (ii) an individual uses to ingest substances other than cannabis. (34) "Medical cannabis guardian card" means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that: (a) the department issues to the parent or legal guardian of a minor or legal guardian of an incapacitated adult; and (b) is connected to the electronic verification system. (35) "Medical cannabis patient card" means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that: (a) the department issues to an individual with a qualifying condition; and (b) is connected to the electronic verification system. (36) "Medical cannabis pharmacy" means a person that: (a) (i) acquires or intends to acquire medical cannabis from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or (ii) possesses medical cannabis or a medical cannabis device; and (b) sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. (37) "Medical cannabis pharmacy agent" means an individual who holds a valid medical cannabis pharmacy agent registration card issued by the department. (38) "Medical cannabis pharmacy agent registration card" means a registration card issued by the department that authorizes an individual to act as a medical cannabis pharmacy agent. (39) "Medical cannabis shipment" means the same as that term is defined in Section 4-41a-102. (40) "Medical cannabis treatment" means medical cannabis or a medical cannabis device. (41) (a) "Medicinal dosage form" means: (i) for processed medical cannabis, the following with a specific and consistent cannabinoid content: (A) a tablet; (B) a capsule; (C) a concentrated liquid or viscous oil; (D) a liquid suspension that does not exceed 30 milliliters; (E) a topical preparation; (F) a transdermal preparation; (G) a sublingual preparation; (H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape; (I) a resin or wax; (J) an aerosol; (K) a suppository preparation; or (L) a soft or hard confection that is a uniform rectangular cuboid or uniform spherical shape, is homogeneous in color and texture, and each piece is a single serving; or (ii) for unprocessed cannabis flower, a container described in Section 4-41a-602 that: (A) contains cannabis flower in a quantity that varies by no more than 10% from the stated weight at the time of packaging; (B) at any time the medical cannabis cardholder transports or possesses the container in public, is contained within an opaque bag or box; and (C) is labeled with the container's content and weight, the date of purchase, the legal use termination date, and a barcode that provides information connected to an inventory control system. (b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that: (i) the medical cannabis cardholder has recently removed from the container described in Subsection (41)(a)(ii) for use; and (ii) does not exceed the quantity described in Subsection (41)(a)(ii). (c) "Medicinal dosage form" does not include: (i) any unprocessed cannabis flower outside of the container described in Subsection (41)(a)(ii), except as provided in Subsection (41)(b); (ii) any unprocessed cannabis flower in a container described in Subsection (41)(a)(ii) after the legal use termination date; (iii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis on a nail or other metal object that is heated by a flame, including a blowtorch; (iv) a liquid suspension that is branded as a beverage; (v) a substance described in Subsection (41)(a)(i) or (ii) if the substance is not measured in grams, milligrams, or milliliters; or (vi) a substance that contains or is covered to any degree with chocolate. (42) "Nonresident patient" means an individual who: (a) is not a resident of Utah or has been a resident of Utah for less than 45 days; (b) has a currently valid medical cannabis card or the equivalent of a medical cannabis card under the laws of another state, district, territory, commonwealth, or insular possession of the United States; and (c) has been diagnosed with a qualifying condition as described in Section 26B-4-203. (43) "Patient product information insert" means a single page document or webpage that contains information about a medical cannabis product regarding: (a) how to use the product; (b) common side effects; (c) serious side effects; (d) dosage; (e) contraindications; (f) safe storage; (g) information on when a product should not be used; and (h) other information the department deems appropriate in consultation with the cannabis processing facility that created the product. (44) "Pharmacy medical provider" means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219. (45) "Provisional patient card" means a card that: (a) the department issues to a minor or incapacitated adult for whom: (i) a recommending medical provider has recommended a medical cannabis treatment; and (ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian or the incapacitated adult's legal guardian; and (b) is connected to the electronic verification system. (46) "Qualified Patient Enterprise Fund" means the enterprise fund created in Section 4-41a-104.1. (47) "Qualifying condition" means a condition described in Section 26B-4-203. (48) "Recommend" or "recommendation" means, for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which: (a) certifies the patient's eligibility for a medical cannabis card; and (b) may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines. (49) "Recommending medical provider" means an individual who: (a) meets the recommending qualifications; (b) completes four hours of continuing medical education specific to medical cannabis through formal or informal sources; and (c) every two years, provides an acknowledgment to the department that the individual completed four hours of continuing medical education. (50) "Recommending qualifications" means that an individual: (a) (i) has the authority to write a prescription; (ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Controlled Substances; and (iii) possesses the authority, in accordance with the individual's scope of practice, to prescribe a Schedule II controlled substance; and (b) is licensed as: (i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act; (ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act; (iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or (iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. (51) "State electronic verification system" means the system described in Section 26B-4-202. (52) "Targeted marketing" means the promotion by a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider of a medical cannabis recommendation service using any of the following methods: (a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information; (b) an in-person marketing event that is held in an area where only an individual who is at least 21 years old may access the event; (c) other marketing material that is physically or digitally displayed in the office of the medical clinic or office that employs a recommending medical provider; or (d) a leaflet that a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider shares with an individual who is at least 21 years old. (53) "Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a synthetic equivalent as described in Subsection 58-37-108(2)(a)(iii)(AA). (54) "THC analog" means the same as that term is defined in Section 4-41-102.