Section 701 – Enforcement — Misdemeanor.

• (1) Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments, and Sections 26-61a-502, 26-61a-605, and 26-61a-607, it is unlawful for a medical cannabis cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis device, or any cannabis residue remaining in or from a medical cannabis device.

• (2)
  • (a) Except as provided in Subsection (2)(b), a medical cannabis cardholder who violates Subsection (1) is:
    • (i) guilty of a class B misdemeanor; and
    • (ii) subject to a $1,000 fine.
  • (b) An individual is not guilty under Subsection (2)(a) if the individual:
    • (i)
      • (A) is a designated caregiver; and
      • (B) gives the product described in Subsection (1) to the medical cannabis cardholder who designated the individual as a designated caregiver; or
    • (ii)
      • (A) is a medical cannabis guardian cardholder; and
      • (B) gives the product described in Subsection (1) to the relevant provisional patient cardholder.
  • (c) An individual who is guilty of a violation described in Subsection (2)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (2)(a).

Enacted by Chapter 1, 2018 Special Session 3