Utah

1. Overview of Cannabis and Hemp Laws

Cannabis:

• Medical Use: Legalized in 2018 through Proposition 2, permitting medical cannabis for patients with qualifying conditions (Utah Code Ann. § 26-61a).
• Recreational Use: Recreational cannabis remains illegal in Utah; possession without a medical card is prohibited.

Hemp Intoxicants and Synthetic THC: Utah regulates hemp intoxicants within its cannabis program under a framework of integrated cannabis regulations.

2. Historical Context

• Early 20th Century: Cannabis prohibition begins in Utah.
• 2018: Medical cannabis is legalized through Proposition 2 after extensive debate and legislative modification.
• Post-2018: Following the federal Farm Bill, Utah establishes hemp regulations and integrates synthetic cannabinoids within its cannabis regulatory framework.

3. Recreational Cannabis Laws

• Possession Limits: All recreational cannabis possession is illegal.
• Cultivation: Home cultivation is prohibited, including for medical patients.
• Public Use: Public cannabis use, both medical and recreational, is illegal.
• Sale and Retail: Recreational cannabis sales are prohibited; only licensed medical dispensaries may dispense cannabis to registered patients.

4. Medical Cannabis Laws

• Patient Eligibility: Qualifying conditions include chronic pain, PTSD, epilepsy, and other serious medical conditions as defined in the Utah Medical Cannabis Act.
• Product Access: Approved forms include pills, oils, and non-smokable products. Flower is allowed for vaporization only.
• Program Details: Patients must register with the Utah Department of Health, and purchase limits are enforced at licensed dispensaries.

5. Hemp-Derived Intoxicants

• Regulatory Status: Utah classifies hemp-derived intoxicants under its “Regulated (Integrated with Cannabis)” framework, treating them similarly to cannabis products.
• Testing and Labeling: All products must meet testing standards for potency and safety, with strict labeling requirements for contents, potency, and usage warnings.
• Age and Retail Restrictions: Access to intoxicating hemp products is restricted to individuals 21 and older, with sales permitted only through licensed dispensaries.

6. Criminal Penalties for Cannabis Offenses

• Possession: Possession of less than one ounce without a medical card is a misdemeanor, potentially leading to six months in jail and a fine.
• Sale and Distribution: Unauthorized sale of any cannabis product, including hemp-derived intoxicants, is a felony with varying penalties based on quantity and recipient (e.g., higher penalties for sales to minors).
• Trafficking and Cultivation: Unauthorized cultivation or large-scale trafficking incurs felony charges, with penalties that include substantial prison terms and fines.

7. Social Equity Programs

• Eligibility Criteria: Utah does not have a social equity program specifically addressing individuals impacted by past cannabis laws.
• Licensing Benefits: No preferential licensing or reduced fees are offered for equity applicants within Utah’s cannabis program.
• Additional Support: No targeted resources or support programs exist for social equity applicants in the cannabis industry.

8. Business Types and Operations

• Licensing Types: Utah issues licenses for cultivation, processing, testing, and medical dispensaries.
• Regulatory Requirements: Licensed businesses must adhere to stringent operational standards, including security protocols, record-keeping, and full compliance with the state’s medical cannabis regulations.