{"data":{"id":"us-ut/utah-code-26b-4-201","jurisdiction":"us-ut","citation":"Utah Code § 26B-4-201","heading":"Definitions.","body":"As used in this part:\n(1) \"Active tetrahydrocannabinol\" means THC, any THC analog, and tetrahydrocannabinolic acid.\n(2) \"Administration of criminal justice\" means the performance of detection, apprehension, detention, pretrial release, post-trial release, prosecution, and adjudication.\n(3) \"Advertise\" means information provided by a person in any medium:\n(a) to the public; and\n(b) that is not age restricted to an individual who is at least 21 years old.\n(4) \"Advisory board\" means the Medical Cannabis Policy Advisory Board created in Section 4-41a-111.\n(5) \"Cannabis\" means marijuana.\n(6) \"Cannabis cultivation facility\" means the same as that term is defined in Section 4-41a-102.\n(7) \"Cannabis processing facility\" means the same as that term is defined in Section 4-41a-102.\n(8) \"Cannabis product\" means a product that:\n(a) is intended for human use; and\n(b) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0.3% or greater on a dry weight basis.\n(9) \"Cannabis production establishment\" means the same as that term is defined in Section 4-41a-102.\n(10) \"Cannabis production establishment agent\" means the same as that term is defined in Section 4-41a-102.\n(11) \"Cannabis production establishment agent registration card\" means the same as that term is defined in Section 4-41a-102.\n(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.\n(13) \"Controlled substance database\" means the controlled substance database created in Section 58-37f-201.\n(14) \"Delivery address\" means the same as that term is defined in Section 4-41a-102.\n(15) \"Department\" means the Department of Agriculture and Food.\n(16) \"Designated caregiver\" means:\n(a) an individual:\n(i) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and\n(ii) who registers with the department under Section 26B-4-214; or\n(b)\n(i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b); or\n(ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii).\n(17) \"Directions of use\" means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines.\n(18) \"Dosing guidelines\" means a quantity range and frequency of administration for a recommended treatment of medical cannabis.\n(19) \"Government issued photo identification\" means any of the following forms of identification:\n(a) a valid state-issued driver license or identification card;\n(b) a valid United States federal-issued photo identification, including:\n(i) a United States passport;\n(ii) a United States passport card;\n(iii) a United States military identification card; or\n(iv) a permanent resident card or alien registration receipt card;\n(c) a foreign passport; or\n(d) a tribal government-issued photo identification.\n(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.\n(21) \"Incapacitated\" means the same as that term is defined in Section 75-1-201.\n(22) \"Inventory control system\" means the system described in Section 4-41a-103.\n(23) \"Legal dosage limit\" means an amount that:\n(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\n(b) may not exceed:\n(i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and\n(ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater than 20 grams of active tetrahydrocannabinol.\n(24) \"Legal use termination date\" means a date on the label of a container of unprocessed cannabis flower:\n(a) that is 60 days after the date of purchase of the cannabis; and\n(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.\n(25) \"Licensing board\" means the same as that term is defined in Section 4-41a-102.\n(26)\n(a) \"Low THC product\" means a product that:\n(i) is intended for human use;\n(ii) contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of less than 0.3% on a dry weight basis; and\n(iii) is processed by a cannabis processing facility.\n(b) \"Low THC product\" does not include a product registered under Chapter 41, Hemp and Cannabinoid Act.\n(27) \"Marijuana\" means the same as that term is defined in Section 58-37-101.\n(28) \"Medical cannabis\" or \"medical cannabis product\" means:\n(a) cannabis in a medicinal dosage form;\n(b) a cannabis product in a medicinal dosage form; or\n(c) a low THC product in a medicinal dosage form.\n(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.\n(30) \"Medical cannabis cardholder\" means:\n(a) a holder of a medical cannabis card; or\n(b) a facility or assigned employee, described in Subsection (16)(b), only:\n(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\n(ii) while in possession of documentation that establishes:\n(A) a caregiver designation described in Subsection 26B-4-214(1)(b);\n(B) the identity of the individual presenting the documentation; and\n(C) the relation of the individual presenting the documentation to the caregiver designation.\n(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:\n(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\n(b) is connected to the electronic verification system.\n(32) \"Medical cannabis courier\" means the same as that term is defined in Section 4-41a-102.\n(33)\n(a) \"Medical cannabis device\" means a device that an individual uses to ingest or inhale medical cannabis.\n(b) \"Medical cannabis device\" does not include a device that:\n(i) facilitates cannabis combustion; or\n(ii) an individual uses to ingest substances other than cannabis.\n(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:\n(a) the department issues to the parent or legal guardian of a minor or legal guardian of an incapacitated adult; and\n(b) is connected to the electronic verification system.\n(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:\n(a) the department issues to an individual with a qualifying condition; and\n(b) is connected to the electronic verification system.\n(36) \"Medical cannabis pharmacy\" means a person that:\n(a)\n(i) acquires or intends to acquire medical cannabis from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or\n(ii) possesses medical cannabis or a medical cannabis device; and\n(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder.\n(37) \"Medical cannabis pharmacy agent\" means an individual who holds a valid medical cannabis pharmacy agent registration card issued by the department.\n(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.\n(39) \"Medical cannabis shipment\" means the same as that term is defined in Section 4-41a-102.\n(40) \"Medical cannabis treatment\" means medical cannabis or a medical cannabis device.\n(41)\n(a) \"Medicinal dosage form\" means:\n(i) for processed medical cannabis, the following with a specific and consistent cannabinoid content:\n(A) a tablet;\n(B) a capsule;\n(C) a concentrated liquid or viscous oil;\n(D) a liquid suspension that does not exceed 30 milliliters;\n(E) a topical preparation;\n(F) a transdermal preparation;\n(G) a sublingual preparation;\n(H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape;\n(I) a resin or wax;\n(J) an aerosol;\n(K) a suppository preparation; or\n(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\n(ii) for unprocessed cannabis flower, a container described in Section 4-41a-602 that:\n(A) contains cannabis flower in a quantity that varies by no more than 10% from the stated weight at the time of packaging;\n(B) at any time the medical cannabis cardholder transports or possesses the container in public, is contained within an opaque bag or box; and\n(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.\n(b) \"Medicinal dosage form\" includes a portion of unprocessed cannabis flower that:\n(i) the medical cannabis cardholder has recently removed from the container described in Subsection (41)(a)(ii) for use; and\n(ii) does not exceed the quantity described in Subsection (41)(a)(ii).\n(c) \"Medicinal dosage form\" does not include:\n(i) any unprocessed cannabis flower outside of the container described in Subsection (41)(a)(ii), except as provided in Subsection (41)(b);\n(ii) any unprocessed cannabis flower in a container described in Subsection (41)(a)(ii) after the legal use termination date;\n(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;\n(iv) a liquid suspension that is branded as a beverage;\n(v) a substance described in Subsection (41)(a)(i) or (ii) if the substance is not measured in grams, milligrams, or milliliters; or\n(vi) a substance that contains or is covered to any degree with chocolate.\n(42) \"Nonresident patient\" means an individual who:\n(a) is not a resident of Utah or has been a resident of Utah for less than 45 days;\n(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\n(c) has been diagnosed with a qualifying condition as described in Section 26B-4-203.\n(43) \"Patient product information insert\" means a single page document or webpage that contains information about a medical cannabis product regarding:\n(a) how to use the product;\n(b) common side effects;\n(c) serious side effects;\n(d) dosage;\n(e) contraindications;\n(f) safe storage;\n(g) information on when a product should not be used; and\n(h) other information the department deems appropriate in consultation with the cannabis processing facility that created the product.\n(44) \"Pharmacy medical provider\" means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219.\n(45) \"Provisional patient card\" means a card that:\n(a) the department issues to a minor or incapacitated adult for whom:\n(i) a recommending medical provider has recommended a medical cannabis treatment; and\n(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\n(b) is connected to the electronic verification system.\n(46) \"Qualified Patient Enterprise Fund\" means the enterprise fund created in Section 4-41a-104.1.\n(47) \"Qualifying condition\" means a condition described in Section 26B-4-203.\n(48) \"Recommend\" or \"recommendation\" means, for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:\n(a) certifies the patient's eligibility for a medical cannabis card; and\n(b) may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines.\n(49) \"Recommending medical provider\" means an individual who:\n(a) meets the recommending qualifications;\n(b) completes four hours of continuing medical education specific to medical cannabis through formal or informal sources; and\n(c) every two years, provides an acknowledgment to the department that the individual completed four hours of continuing medical education.\n(50) \"Recommending qualifications\" means that an individual:\n(a)\n(i) has the authority to write a prescription;\n(ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Controlled Substances; and\n(iii) possesses the authority, in accordance with the individual's scope of practice, to prescribe a Schedule II controlled substance; and\n(b) is licensed as:\n(i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;\n(ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;\n(iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or\n(iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.\n(51) \"State electronic verification system\" means the system described in Section 26B-4-202.\n(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:\n(a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information;\n(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;\n(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\n(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.\n(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).\n(54) \"THC analog\" means the same as that term is defined in Section 4-41-102.","path":["Title 26B Utah Health and Human Services Code","Chapter 26B-4 Health Care - Delivery and Access","Part 26B-4-2 Cannabinoid Research and Medical Cannabis"],"source_url":"https://le.utah.gov/xcode/Title26B/Chapter4/26B-4-S201.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"19b1814c046939efd0b7bbc1b47afea40df4068a5dff005179e1426807006c28","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-26b-3-1203","next":"us-ut/utah-code-26b-4-201.1"},"notice":"GroundRules: Original legal text. Not legal advice."}