<section number="26B-4-201"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">362</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="26B-4-201(1)">"Active tetrahydrocannabinol" means THC, any THC analog, and tetrahydrocannabinolic acid.</subsection><subsection number="26B-4-201(2)">"Administration of criminal justice" means the performance of detection, apprehension, detention, pretrial release, post-trial release, prosecution, and adjudication.</subsection><subsection number="26B-4-201(3)">"Advertise" means information provided by a person in any medium:<subsection number="26B-4-201(3)(a)">to the public; and</subsection><subsection number="26B-4-201(3)(b)">that is not age restricted to an individual who is at least 21 years old.</subsection></subsection><subsection number="26B-4-201(4)">"Advisory board" means the Medical Cannabis Policy Advisory Board created in Section <xref depth="3" refnumber="4-41a-111">4-41a-111</xref>.</subsection><subsection number="26B-4-201(5)">"Cannabis" means marijuana.</subsection><subsection number="26B-4-201(6)">"Cannabis cultivation facility" means the same as that term is defined in Section <xref depth="3" refnumber="4-41a-102">4-41a-102</xref>.</subsection><subsection number="26B-4-201(7)">"Cannabis processing facility" means the same as that term is defined in Section <xref depth="3" refnumber="4-41a-102">4-41a-102</xref>.</subsection><subsection number="26B-4-201(8)">"Cannabis product" means a product that:<subsection number="26B-4-201(8)(a)">is intended for human use; and</subsection><subsection number="26B-4-201(8)(b)">contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0.3% or greater on a dry weight basis.</subsection></subsection><subsection number="26B-4-201(9)">"Cannabis production establishment" means the same as that term is defined in Section <xref depth="3" refnumber="4-41a-102">4-41a-102</xref>.</subsection><subsection number="26B-4-201(10)">"Cannabis production establishment agent" means the same as that term is defined in Section <xref depth="3" refnumber="4-41a-102">4-41a-102</xref>.</subsection><subsection number="26B-4-201(11)">"Cannabis production establishment agent registration card" means the same as that term is defined in Section <xref depth="3" refnumber="4-41a-102">4-41a-102</xref>.</subsection><subsection number="26B-4-201(12)">"Conditional medical cannabis card" means an electronic medical cannabis card that the department issues in accordance with Subsection <xref depth="4" refnumber="26B-4-213(1)(b)">26B-4-213(1)(b)</xref> to allow an applicant for a medical cannabis card to access medical cannabis during the department's review of the application.</subsection><subsection number="26B-4-201(13)">"Controlled substance database" means the controlled substance database created in Section <xref depth="3" refnumber="58-37f-201">58-37f-201</xref>.</subsection><subsection number="26B-4-201(14)">"Delivery address" means the same as that term is defined in Section <xref depth="3" refnumber="4-41a-102">4-41a-102</xref>.</subsection><subsection number="26B-4-201(15)">"Department" means the Department of Agriculture and Food.</subsection><subsection number="26B-4-201(16)">"Designated caregiver" means:<subsection number="26B-4-201(16)(a)">an individual:<subsection number="26B-4-201(16)(a)(i)">whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and</subsection><subsection number="26B-4-201(16)(a)(ii)">who registers with the department under Section <xref depth="3" refnumber="26B-4-214">26B-4-214</xref>; or</subsection></subsection><subsection number="26B-4-201(16)(b)"><subsection number="26B-4-201(16)(b)(i)">a facility that an individual designates as a designated caregiver in accordance with Subsection <xref depth="4" refnumber="26B-4-214(1)(b)">26B-4-214(1)(b)</xref>; or</subsection><subsection number="26B-4-201(16)(b)(ii)">an assigned employee of the facility described in Subsection <xref depth="4" refnumber="26B-4-214(1)(b)(ii)">26B-4-214(1)(b)(ii)</xref>.</subsection></subsection></subsection><subsection number="26B-4-201(17)">"Directions of use" means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines.</subsection><subsection number="26B-4-201(18)">"Dosing guidelines" means a quantity range and frequency of administration for a recommended treatment of medical cannabis.</subsection><subsection number="26B-4-201(19)">"Government issued photo identification" means any of the following forms of identification:<subsection number="26B-4-201(19)(a)">a valid state-issued driver license or identification card;</subsection><subsection number="26B-4-201(19)(b)">a valid United States federal-issued photo identification, including:<subsection number="26B-4-201(19)(b)(i)">a United States passport;</subsection><subsection number="26B-4-201(19)(b)(ii)">a United States passport card;</subsection><subsection number="26B-4-201(19)(b)(iii)">a United States military identification card; or</subsection><subsection number="26B-4-201(19)(b)(iv)">a permanent resident card or alien registration receipt card; </subsection></subsection><subsection number="26B-4-201(19)(c)">a foreign passport; or</subsection><subsection number="26B-4-201(19)(d)">a tribal government-issued photo identification.</subsection></subsection><subsection number="26B-4-201(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.</subsection><subsection number="26B-4-201(21)">"Incapacitated" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="26B-4-201(22)">"Inventory control system" means the system described in Section <xref depth="3" refnumber="4-41a-103">4-41a-103</xref>.</subsection><subsection number="26B-4-201(23)">"Legal dosage limit" means an amount that:<subsection number="26B-4-201(23)(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 <xref tempid="393" depth="4" refnumber="26B-4-231(5)">26B-4-231(5)</xref>, recommends; and</subsection><subsection number="26B-4-201(23)(b)">may not exceed:<subsection number="26B-4-201(23)(b)(i)">for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and</subsection><subsection number="26B-4-201(23)(b)(ii)">for a cannabis product in a medicinal dosage form, a quantity that contains, in total, greater than 20 grams of active tetrahydrocannabinol.</subsection></subsection></subsection><subsection number="26B-4-201(24)">"Legal use termination date" means a date on the label of a container of unprocessed cannabis flower:<subsection number="26B-4-201(24)(a)">that is 60 days after the date of purchase of the cannabis; and</subsection><subsection number="26B-4-201(24)(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.</subsection></subsection><subsection number="26B-4-201(25)">"Licensing board" means the same as that term is defined in Section <xref depth="3" refnumber="4-41a-102">4-41a-102</xref>.</subsection><subsection number="26B-4-201(26)"><subsection number="26B-4-201(26)(a)">"Low THC product" means a product that:<subsection number="26B-4-201(26)(a)(i)">is intended for human use;</subsection><subsection number="26B-4-201(26)(a)(ii)">contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of less than 0.3% on a dry weight basis; and</subsection><subsection number="26B-4-201(26)(a)(iii)">is processed by a cannabis processing facility.</subsection></subsection><subsection number="26B-4-201(26)(b)">"Low THC product" does not include a product registered under Chapter 41, Hemp and Cannabinoid Act.</subsection></subsection><subsection number="26B-4-201(27)">"Marijuana" means the same as that term is defined in Section <xref depth="3" refnumber="58-37-101">58-37-101</xref>.</subsection><subsection number="26B-4-201(28)">"Medical cannabis" or "medical cannabis product" means:<subsection number="26B-4-201(28)(a)">cannabis in a medicinal dosage form; </subsection><subsection number="26B-4-201(28)(b)">a cannabis product in a medicinal dosage form; or</subsection><subsection number="26B-4-201(28)(c)">a low THC product in a medicinal dosage form.</subsection></subsection><subsection number="26B-4-201(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.</subsection><subsection number="26B-4-201(30)">"Medical cannabis cardholder" means:<subsection number="26B-4-201(30)(a)">a holder of a medical cannabis card; or</subsection><subsection number="26B-4-201(30)(b)">a facility or assigned employee, described in Subsection <xref depth="4" refnumber="(16)(b)">(16)(b)</xref>, only:<subsection number="26B-4-201(30)(b)(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 <xref depth="4" refnumber="26B-4-214(1)(b)">26B-4-214(1)(b)</xref>; and</subsection><subsection number="26B-4-201(30)(b)(ii)">while in possession of documentation that establishes:<subsection number="26B-4-201(30)(b)(ii)(A)">a caregiver designation described in Subsection <xref depth="4" refnumber="26B-4-214(1)(b)">26B-4-214(1)(b)</xref>;</subsection><subsection number="26B-4-201(30)(b)(ii)(B)">the identity of the individual presenting the documentation; and</subsection><subsection number="26B-4-201(30)(b)(ii)(C)">the relation of the individual presenting the documentation to the caregiver designation.</subsection></subsection></subsection></subsection><subsection number="26B-4-201(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:<subsection number="26B-4-201(31)(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</subsection><subsection number="26B-4-201(31)(b)">is connected to the electronic verification system.</subsection></subsection><subsection number="26B-4-201(32)">"Medical cannabis courier" means the same as that term is defined in Section <xref depth="3" refnumber="4-41a-102">4-41a-102</xref>.</subsection><subsection number="26B-4-201(33)"><subsection number="26B-4-201(33)(a)">"Medical cannabis device" means a device that an individual uses to ingest or inhale medical cannabis.</subsection><subsection number="26B-4-201(33)(b)">"Medical cannabis device" does not include a device that:<subsection number="26B-4-201(33)(b)(i)">facilitates cannabis combustion; or</subsection><subsection number="26B-4-201(33)(b)(ii)">an individual uses to ingest substances other than cannabis.</subsection></subsection></subsection><subsection number="26B-4-201(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:<subsection number="26B-4-201(34)(a)">the department issues to the parent or legal guardian of a minor or legal guardian of an incapacitated adult; and</subsection><subsection number="26B-4-201(34)(b)">is connected to the electronic verification system.</subsection></subsection><subsection number="26B-4-201(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:<subsection number="26B-4-201(35)(a)">the department issues to an individual with a qualifying condition; and</subsection><subsection number="26B-4-201(35)(b)">is connected to the electronic verification system.</subsection></subsection><subsection number="26B-4-201(36)">"Medical cannabis pharmacy" means a person that:<subsection number="26B-4-201(36)(a)"><subsection number="26B-4-201(36)(a)(i)">acquires or intends to acquire medical cannabis from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or</subsection><subsection number="26B-4-201(36)(a)(ii)">possesses medical cannabis or a medical cannabis device; and</subsection></subsection><subsection number="26B-4-201(36)(b)">sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder.</subsection></subsection><subsection number="26B-4-201(37)">"Medical cannabis pharmacy agent" means an individual who holds a valid medical cannabis pharmacy agent registration card issued by the department.</subsection><subsection number="26B-4-201(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.</subsection><subsection number="26B-4-201(39)">"Medical cannabis shipment" means the same as that term is defined in Section <xref depth="3" refnumber="4-41a-102">4-41a-102</xref>.</subsection><subsection number="26B-4-201(40)">"Medical cannabis treatment" means medical cannabis or a medical cannabis device.</subsection><subsection number="26B-4-201(41)"><subsection number="26B-4-201(41)(a)">"Medicinal dosage form" means:<subsection number="26B-4-201(41)(a)(i)">for processed medical cannabis, the following with a specific and consistent cannabinoid content:<subsection number="26B-4-201(41)(a)(i)(A)">a tablet;</subsection><subsection number="26B-4-201(41)(a)(i)(B)">a capsule;</subsection><subsection number="26B-4-201(41)(a)(i)(C)">a concentrated liquid or viscous oil;</subsection><subsection number="26B-4-201(41)(a)(i)(D)">a liquid suspension that does not exceed 30 milliliters;</subsection><subsection number="26B-4-201(41)(a)(i)(E)">a topical preparation;</subsection><subsection number="26B-4-201(41)(a)(i)(F)">a transdermal preparation;</subsection><subsection number="26B-4-201(41)(a)(i)(G)">a sublingual preparation;</subsection><subsection number="26B-4-201(41)(a)(i)(H)">a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape;</subsection><subsection number="26B-4-201(41)(a)(i)(I)">a resin or wax; </subsection><subsection number="26B-4-201(41)(a)(i)(J)">an aerosol; </subsection><subsection number="26B-4-201(41)(a)(i)(K)">a suppository preparation; or</subsection><subsection number="26B-4-201(41)(a)(i)(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</subsection></subsection><subsection number="26B-4-201(41)(a)(ii)">for unprocessed cannabis flower, a container described in Section <xref depth="3" refnumber="4-41a-602">4-41a-602</xref> that:<subsection number="26B-4-201(41)(a)(ii)(A)">contains cannabis flower in a quantity that varies by no more than 10% from the stated weight at the time of packaging;</subsection><subsection number="26B-4-201(41)(a)(ii)(B)">at any time the medical cannabis cardholder transports or possesses the container in public, is contained within an opaque bag or box; and</subsection><subsection number="26B-4-201(41)(a)(ii)(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.</subsection></subsection></subsection><subsection number="26B-4-201(41)(b)">"Medicinal dosage form" includes a portion of unprocessed cannabis flower that:<subsection number="26B-4-201(41)(b)(i)">the medical cannabis cardholder has recently removed from the container described in Subsection (41)(a)(ii) for use; and</subsection><subsection number="26B-4-201(41)(b)(ii)">does not exceed the quantity described in Subsection (41)(a)(ii).</subsection></subsection><subsection number="26B-4-201(41)(c)">"Medicinal dosage form" does not include:<subsection number="26B-4-201(41)(c)(i)">any unprocessed cannabis flower outside of the container described in Subsection (41)(a)(ii), except as provided in Subsection (41)(b);</subsection><subsection number="26B-4-201(41)(c)(ii)">any unprocessed cannabis flower in a container described in Subsection (41)(a)(ii)   after the legal use termination date;</subsection><subsection number="26B-4-201(41)(c)(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;</subsection><subsection number="26B-4-201(41)(c)(iv)">a liquid suspension that is branded as a beverage;</subsection><subsection number="26B-4-201(41)(c)(v)">a substance described in Subsection (41)(a)(i) or <xref depth="4" refnumber="26B-4-201(ii)">(ii)</xref> if the substance is not measured in grams, milligrams, or milliliters; or</subsection><subsection number="26B-4-201(41)(c)(vi)">a substance that contains or is covered to any degree with chocolate.</subsection></subsection></subsection><subsection number="26B-4-201(42)">"Nonresident patient" means an individual who:<subsection number="26B-4-201(42)(a)">is not a resident of Utah or has been a resident of Utah for less than 45 days;</subsection><subsection number="26B-4-201(42)(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</subsection><subsection number="26B-4-201(42)(c)">has been diagnosed with a qualifying condition as described in Section <xref depth="3" refnumber="26B-4-203">26B-4-203</xref>.</subsection></subsection><subsection number="26B-4-201(43)">"Patient product information insert" means a single page document or webpage that contains information about a medical cannabis product regarding:<subsection number="26B-4-201(43)(a)">how to use the product;</subsection><subsection number="26B-4-201(43)(b)">common side effects;</subsection><subsection number="26B-4-201(43)(c)">serious side effects;</subsection><subsection number="26B-4-201(43)(d)">dosage;</subsection><subsection number="26B-4-201(43)(e)">contraindications;</subsection><subsection number="26B-4-201(43)(f)">safe storage;</subsection><subsection number="26B-4-201(43)(g)">information on when a product should not be used; and</subsection><subsection number="26B-4-201(43)(h)">other information the department deems appropriate in consultation with the cannabis processing facility that created the product.</subsection></subsection><subsection number="26B-4-201(44)">"Pharmacy medical provider" means the medical provider required to be on site at a medical cannabis pharmacy under Section <xref depth="3" refnumber="26B-4-219">26B-4-219</xref>.</subsection><subsection number="26B-4-201(45)">"Provisional patient card" means a card that:<subsection number="26B-4-201(45)(a)">the department issues to a minor or incapacitated adult for whom:<subsection number="26B-4-201(45)(a)(i)">a recommending medical provider has recommended a medical cannabis treatment; and</subsection><subsection number="26B-4-201(45)(a)(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</subsection></subsection><subsection number="26B-4-201(45)(b)">is connected to the electronic verification system.</subsection></subsection><subsection number="26B-4-201(46)">"Qualified Patient Enterprise Fund" means the enterprise fund created in Section <xref depth="3" refnumber="4-41a-104.1">4-41a-104.1</xref>.</subsection><subsection number="26B-4-201(47)">"Qualifying condition" means a condition described in Section <xref depth="3" refnumber="26B-4-203">26B-4-203</xref>.</subsection><subsection number="26B-4-201(48)">"Recommend" or "recommendation" means, for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:<subsection number="26B-4-201(48)(a)">certifies the patient's eligibility for a medical cannabis card; and</subsection><subsection number="26B-4-201(48)(b)">may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines.</subsection></subsection><subsection number="26B-4-201(49)">"Recommending medical provider" means an individual who:<subsection number="26B-4-201(49)(a)">meets the recommending qualifications;</subsection><subsection number="26B-4-201(49)(b)">completes four hours of continuing medical education specific to medical cannabis through formal or informal sources; and</subsection><subsection number="26B-4-201(49)(c)">every two years, provides an acknowledgment to the department that the individual completed four hours of continuing medical education.</subsection></subsection><subsection number="26B-4-201(50)">"Recommending qualifications" means that an individual:<subsection number="26B-4-201(50)(a)"><subsection number="26B-4-201(50)(a)(i)">has the authority to write a prescription;</subsection><subsection number="26B-4-201(50)(a)(ii)">is licensed to prescribe a controlled substance under Title 58, Chapter 37, Controlled Substances; and</subsection><subsection number="26B-4-201(50)(a)(iii)">possesses the authority, in accordance with the individual's scope of practice, to prescribe a Schedule II controlled substance; and</subsection></subsection><subsection number="26B-4-201(50)(b)">is licensed as:<subsection number="26B-4-201(50)(b)(i)">a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;</subsection><subsection number="26B-4-201(50)(b)(ii)">an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;</subsection><subsection number="26B-4-201(50)(b)(iii)">a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or</subsection><subsection number="26B-4-201(50)(b)(iv)">a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.</subsection></subsection></subsection><subsection number="26B-4-201(51)">"State electronic verification system" means the system described in Section <xref depth="3" refnumber="26B-4-202">26B-4-202</xref>.</subsection><subsection number="26B-4-201(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:<subsection number="26B-4-201(52)(a)">electronic communication to an individual who is at least 21 years old and has requested to receive promotional information;</subsection><subsection number="26B-4-201(52)(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;</subsection><subsection number="26B-4-201(52)(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</subsection><subsection number="26B-4-201(52)(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.</subsection></subsection><subsection number="26B-4-201(53)">"Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a synthetic equivalent as described in Subsection <xref depth="4" refnumber="58-37-108(2)(a)(iii)(aa)">58-37-108(2)(a)(iii)(AA)</xref>.</subsection><subsection number="26B-4-201(54)">"THC analog" means the same as that term is defined in Section <xref depth="3" refnumber="4-41-102">4-41-102</xref>.</subsection></section>