1     
MEDICAL CANNABIS PATIENT PROTECTION

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Daniel W. Thatcher

6     
House Sponsor: Joel Ferry

7     

8     LONG TITLE
9     Committee Note:
10          The Government Operations Interim Committee recommended this bill.
11               Legislative Vote:     13 voting for     0 voting against     3 absent
12     General Description:
13          This bill amends protections for medical cannabis patients.
14     Highlighted Provisions:
15          This bill:
16          ▸     amends protections for medical cannabis patients, including public employees, to
17     protect the holding of a medical cannabis card and medical cannabis
18     recommendations; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          26-61a-111, as last amended by Laws of Utah 2021, Chapter 344
27          78A-2-231, as last amended by Laws of Utah 2021, Chapters 260 and 337

28          80-3-110, as last amended by Laws of Utah 2021, Chapters 38, 337 and renumbered
29     and amended by Laws of Utah 2021, Chapter 261 and last amended by
30     Coordination Clause, Laws of Utah 2021, Chapter 261
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 26-61a-111 is amended to read:
34          26-61a-111. Nondiscrimination for medical care or government employment --
35     Notice to prospective and current public employees -- No effect on private employers.
36          (1) For purposes of medical care, including an organ or tissue transplant, a patient's
37     use, in accordance with this chapter, of cannabis in a medicinal dosage form or a cannabis
38     product in a medicinal dosage form:
39          (a) is considered the equivalent of the authorized use of any other medication used at
40     the discretion of a physician; and
41          (b) does not constitute the use of an illicit substance or otherwise disqualify an
42     individual from needed medical care.
43          (2) (a) Notwithstanding any other provision of law and except as provided in
44     Subsection (2)(b), the state or any political subdivision shall treat:
45          (i) an employee's use of medical cannabis in accordance with this chapter or Section
46     58-37-3.7 in the same way the state or political subdivision treats employee use of any
47     prescribed controlled substance[.]; and
48          (ii) an employee's status as a medical cannabis cardholder or an employee's medical
49     cannabis recommendation from a qualified medical provider or limited provider in the same
50     way the state or political subdivision treats an employee's prescriptions for any prescribed
51     controlled substance.
52          (b) A state or political subdivision employee who has a valid medical cannabis card is
53     not subject to adverse action, as that term is defined in Section 67-21-2, for failing a drug test
54     due to marijuana or tetrahydrocannabinol without evidence that the employee was impaired or
55     otherwise adversely affected in the employee's job performance due to the use of medical
56     cannabis.
57          (c) Subsections (2)(a) and (b) do not apply where the application of Subsection (2)(a)
58     or (b) would jeopardize federal funding, a federal security clearance, or any other federal

59     background determination required for the employee's position, or if the employee's position is
60     dependent on a license that is subject to federal regulations.
61          (3) (a) (i) A state employer or a political subdivision employer shall take the action
62     described in Subsection (3)(a)(ii) before:
63          (A) giving to a current employee an assignment or duty that arises from or directly
64     relates to an obligation under this chapter; or
65          (B) hiring a prospective employee whose assignments or duties would include an
66     assignment or duty that arises from or directly relates to an obligation under this chapter.
67          (ii) The employer described in Subsection (3)(a)(i) shall give the employee or
68     prospective employee described in Subsection (3)(a)(i) a written notice that notifies the
69     employee or prospective employee:
70          (A) that the employee's or prospective employee's job duties may require the employee
71     or prospective employee to engage in conduct which is in violation of the criminal laws of the
72     United States; and
73          (B) that in accepting a job or undertaking a duty described in Subsection (3)(a)(i),
74     although the employee or prospective employee is entitled to the protections of Title 67,
75     Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
76     carry out an assignment or duty that may be a violation of the criminal laws of the United
77     States with respect to the manufacture, sale, or distribution of cannabis.
78          (b) The Division of Human Resource Management shall create, revise, and publish the
79     form of the notice described in Subsection (3)(a).
80          (c) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice
81     described in Subsection (3)(a) may not:
82          (i) claim in good faith that the employee's actions violate or potentially violate the laws
83     of the United States with respect to the manufacture, sale, or distribution of cannabis; or
84          (ii) refuse to carry out a directive that the employee reasonably believes violates the
85     criminal laws of the United States with respect to the manufacture, sale, or distribution of
86     cannabis.
87          (d) An employer may not take retaliatory action as defined in Section 67-19a-101
88     against a current employee who refuses to sign the notice described in Subsection (3)(a).
89          (4) Nothing in this section requires a private employer to accommodate the use of

90     medical cannabis or affects the ability of a private employer to have policies restricting the use
91     of medical cannabis by applicants or employees.
92          Section 2. Section 78A-2-231 is amended to read:
93          78A-2-231. Consideration of lawful use or possession of medical cannabis.
94          (1) As used in this section:
95          (a) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
96          (b) "Directions of use" means the same as that term is defined in Section 26-61a-102.
97          (c) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
98          (d) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
99          (e) "Medical cannabis card" means the same as that term is defined in Section
100     26-61a-102.
101          (f) "Medical cannabis device" means the same as that term is defined in Section
102     26-61a-102.
103          (g) "Recommending medical provider" means the same as that term is defined in
104     Section 26-61a-102.
105          (2) In any judicial proceeding in which a judge, panel, jury, or court commissioner
106     makes a finding, determination, or otherwise considers an individual's medical cannabis card,
107     medical cannabis recommendation from a recommending medical provider, or possession or
108     use of medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel,
109     jury, or court commissioner may not consider or treat the individual's card, recommendation,
110     possession, or use any differently than the lawful possession or use of any prescribed controlled
111     substance if:
112          (a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production
113     Establishments;
114          (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
115          (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
116     Medical Cannabis Act; and
117          (ii) the individual reasonably complies with the directions of use and dosing guidelines
118     determined by the individual's recommending medical provider or through a consultation
119     described in Subsection 26-61a-502(4) or (5).
120          (3) Notwithstanding Sections 77-18-105 and 77-2a-3, for probation, release, a plea in

121     abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of
122     Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain
123     from the use or possession of medical cannabis, a cannabis product, or a medical cannabis
124     device, either directly or through a general prohibition on violating federal law, without an
125     exception related to medical cannabis use, if the individual's use or possession complies with:
126          (a) Title 26, Chapter 61a, Utah Medical Cannabis Act; or
127          (b) Subsection 58-37-3.7(2) or (3).
128          Section 3. Section 80-3-110 is amended to read:
129          80-3-110. Consideration of cannabis during proceedings -- Drug testing.
130          (1) As used in this section:
131          (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
132          (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
133          (c) (i) "Chronic" means repeated or patterned.
134          (ii) "Chronic" does not mean an isolated incident.
135          (d) "Directions of use" means the same as that term is defined in Section 26-61a-102.
136          (e) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
137          (f) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
138          (g) "Medical cannabis cardholder" means the same as that term is defined in Section
139     26-61a-102.
140          (h) " Recommending medical provider" means the same as that term is defined in
141     Section 26-61a-102.
142          (2) In a proceeding under this chapter, in which the juvenile court makes a finding,
143     determination, or otherwise considers an individual's medical cannabis card, medical cannabis
144     recommendation from a recommending medical provider, or possession or use of medical
145     cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider
146     or treat the individual's medical cannabis card, recommendation, possession, or use any
147     differently than the lawful possession or use of any prescribed controlled substance if:
148          (a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
149     Production Establishments;
150          (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
151          (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah

152     Medical Cannabis Act; and
153          (ii) the individual reasonably complies with the directions of use and dosing guidelines
154     determined by the individual's recommending medical provider or through a consultation
155     described in Subsection 26-61a-502(4) or (5).
156          (3) In a proceeding under this chapter, a child's parent's or guardian's use of cannabis or
157     a cannabis product is not abuse or neglect of the child unless there is evidence showing that:
158          (a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
159     because of cannabis being introduced to the child's body in another manner; or
160          (b) the child is at an unreasonable risk of harm because of chronic inhalation or
161     ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
162          (4) Unless there is harm or an unreasonable risk of harm to the child as described in
163     Subsection (3), in a child welfare proceeding under this chapter, a child's parent's or guardian's
164     use of medical cannabis or a cannabis product is not contrary to the best interests of the child
165     if:
166          (a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
167     possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act, and there
168     is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates
169     from the directions of use and dosing guidelines determined by the parent's or guardian's
170     recommending medical provider or through a consultation described in Subsection
171     26-61a-502(4) or (5); or
172          (b) before January 1, 2021, the parent's or guardian's possession or use complies with
173     Subsection 58-37-3.7(2) or (3).
174          (5) Subsection (3) does not prohibit a finding of abuse or neglect of a child, and
175     Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
176     or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
177     nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
178     that would separately constitute abuse or neglect of the child.
179          (6) If an individual, who is party to a proceeding under this chapter, is ordered by the
180     juvenile court to submit to drug testing, or is referred by the division or a guardian ad litem for
181     drug testing, the individual may not be ordered or referred for drug testing by means of a hair
182     or fingernail test that is administered to detect the presence of drugs.