Updated on January 25, 2019.
Medical content reviewed by Dr. Richard Koffler, MD, Board Certified Physiatrist
Utah Medical Marijuana Program
Note: on Nov 6, 2018 Utah approved a medical marijuana program – as details evolve, we will be updating the information below. Sign up for our newsletter to learn more.]
Medical Marijuana in Utah
Proposition 2 passed in Utah on November 6th, 2018. Proposition 2 or “The Medical Marijuana Initiative” legalizes Medical Marijuana for any patient with a qualifying condition. If a patient is a minor under eighteen (18) years of age, an approved Caregiver can be authorized for said minor. After being evaluated by a certified physician and being diagnosed with a qualifying condition, patients can apply for a Medical Marijuana Card. Proposition 2 authorizes Utah’s Department of Health to begin issuing Medical Marijuana Cards no later than March 1, 2020.
Proposition 2 exempts Medical Marijuana from State and Local taxes. The State Legislature enacts business license fees from Medical Marijuana businesses to fund the ongoing costs of the program and also to improve it.
Utah Governor Gary Herbert has called for a special session to convene and create the policies around the Medical Marijuana Program.
Under Proposition 2 Qualifying Conditions for Medical Marijuana include:
Other conditions evaluated on a case-by-case basis can also be eligible for Medical Marijuana.
Proposition 2 also:
- Bans Smoking Medical Marijuana or using a device to facilitate smoking Medical Marijuana, Driving Under the Influence (DUI) of Medical Marijuana and/or Using Medical Marijuana In Public View (except for emergencies).
- Allows up to fifteen (15) Medical Marijuana Cultivation facilities to be licensed. The limit can be reconsidered in 2022 if additional facilities are needed to keep up with demand.
- Restricts the number of Dispensaries to the Number of Residents in a County divided by 150,000 (rounded up to the greatest whole number).
- Allows Dispensaries to sell either two (2) ounces of unprocessed Medical Marijuana or Medical Marijuana with no more than ten (10) grams of tetrahydrocannabinol (THC) or Cannabidiol to qualified patients with Medical Marijuana Cards.
Medical Marijuana Updates
- Low-THC CBD Oil use and possession legalized for registered patients suffering from intractable epilepsy with a certified physician’s recommendation.
- Right To Try Bill passed, allowing terminally ill patients to use Medical Marijuana (cultivated and distributed by the Utah Department of Agriculture And Food).
- House Bill 197 passes, authorizing and regulated the sale of CBD in Utah. Also mandates, the Utah Department of Agriculture And Food to ensure by January 1, 2019 Medical Marijuana is grown in the state of Utah and could be sold to research Institutions and/or terminally ill patients with less than 6 months to live.
- Proposition 2 passes legalizing Medical Marijuana and the creation of a Medical Marijuana Program in the state of Utah.