UTAH

CBD Oil Only (2014)

Current Status

In 2014, Utah passed HB 105, which creates a legal right to possess and use CBD-rich extracts of the cannabis plant for patients diagnosed by a neurologist with intractable epilepsy who obtain a registration ID card from the state. The state requires that extracts must contain at least 15% CBD, have no more than 0.3% THC, and must be free of other psychoactive substances. There is no framework for how patients should obtain these products.

On June 26, 2017 Utah patient advocates launched a ballot initiative that allowed access to whole plant cannabis. If the proper amount of signatures are gathered, this will appear on the Utah ballot in 2018.

Programs
Utah Department of Agriculture
Utah Department of Health
Utah’s Hemp Extract Registry

Medical Marijuana

Utah’s “Hemp Extract Registration Act” (HB 105) took effect in July 2014, establishing legal protection for an extremely narrow class of residents. Under the law, licensed neurologists can recommend the use of hemp extract for patients with severe epilepsy that is unresponsive to at least three other treatment options. Qualifying patients and their parents are not subject to criminal penalties for possession of cannabis extracts that contain less than 0.3% THC, at least 5% CBD, and contains no other psychoactive substance if they obtain a registration card from the Utah Department of Health. While the law is silent on personal cultivation and dispensing of cannabis, a portion of the legislation known as the “Industrial Hemp Research Act” authorizes the Utah Department of Agriculture or state-approved academic institutions to produce cannabis for research purposes.

Patients

  • Must be a Utah resident at least 18 years of age
  • Must be diagnosed by neurologist with epilepsy unresponsive to 3+ treatment options
  • Must have signed certification from neurologist indicating that cannabis is beneficial
  • Must obtain a Hemp Extract Registration Card, at a cost of $200 per year
  • Hemp extracts must contain at least 5% CBD, less than 0.3% THC, and cannot contain any other psychoactive substance
  • Must not possess other forms of cannabis, including plants and dried flowers
  • Hemp extract must be originally obtained from a sealed container with a label indicating the hemp extract’s place of origin, and a number that corresponds with a certificate of analysis
  • Certificate of analysis must also include hemp extract’s ingredients, including its percentages of THC and CBD by weight, and must be created by a laboratory that not affiliated with the producer of the hemp extract and is licensed in the state where the hemp extract was produced

Cultivation

Manufacturing/Processing

No Explicit Legal Protection

Testing

Distribution/Dispensaries

No Explicit Legal Protection

Utah has allowed for the use of CBD Oil Only since 2014

Important Cannabis Laws

In 2016, the legislature passed HB 58 requiring the Department of Health to establish a procedure for neurologists to transmit records to DOH for a larger study and SCR 11, a resolution calling on Congress to reschedule medical cannabis to Schedule II.

HB 105 (2014) – creates a legal right to possess and use CBD-rich extracts of the cannabis plant for patients diagnosed by a neurologist with intractable epilepsy who obtain a registration ID card from the state.

HB 58  (2016) – requires the Department of Health to establish a procedure for neurologists to transmit records to DOH for a larger study

SCR 11 (2016) – a resolution calling on Congress to reschedule medical cannabis to Schedule II.

Regulations

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