1. (1) As used in this section:

   1. (a) "Cannabis" means the same as that term is defined in Section 26B-4-201.
   2. (b) "Cannabis product" means the same as that term is defined in Section 26B-4-201.
   3. (c) "Legal dosage limit" means the same as that term is defined in Section 26B-4-201.
   4. (d) "Medical cannabis card" means the same as that term is defined in Section 26B-4-201.
   5. (e) "Medical cannabis device" means the same as that term is defined in Section 26B-4-201.
   6. (f) "Medicinal dosage form" means the same as that term is defined in Section 26B-4-201.
   7. (g) "Nonresident patient" means the same as that term is defined in Section 26B-4-201.
   8. (h) "Qualifying condition" means the same as that term is defined in Section 26B-4-201.
   9. (i) "Tetrahydrocannabinol" means the same as that term is defined in Section 58-37-402.

2. (2) Before July 1, 2021, including during the period between January 1, 2021, and March 17, 2021, an individual is not guilty under this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia if:

   1. (a) at the time of the arrest or citation, the individual:

      1. (i) for possession, was a medical cannabis cardholder; or
      2. (ii) for use, was a medical cannabis patient cardholder or a minor with a provisional patient card under the supervision of a medical cannabis guardian cardholder; and

   2. (b)

      1. (i) for use or possession of marijuana or tetrahydrocannabinol, the marijuana or tetrahydrocannabinol is one of the following in an amount that does not exceed the legal dosage limit:

         1. (A) unprocessed cannabis in a medicinal dosage form; or
         2. (B) a cannabis product in a medicinal dosage form; and
      2. (ii) for use or possession of marijuana drug paraphernalia, the paraphernalia is a medical cannabis device.

3. (3) A nonresident patient is not guilty under this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, if:

   1. (a) for use or possession of marijuana or tetrahydrocannabinol, the marijuana or tetrahydrocannabinol is one of the following in an amount that does not exceed the legal dosage limit:

      1. (i) unprocessed cannabis in a medicinal dosage form; or
      2. (ii) a cannabis product in a medicinal dosage form; and
   2. (b) for use or possession of marijuana drug paraphernalia, the paraphernalia is a medical cannabis device.

4. (4)

   1. (a) There is a rebuttable presumption against an allegation of use or possession of marijuana or tetrahydrocannabinol if:

      1. (i) an individual fails a drug test based on the presence of tetrahydrocannabinol in the sample; and
      2. (ii) the individual provides evidence that the individual possessed or used cannabidiol or a cannabidiol product.

   2. (b) The presumption described in Subsection (4)(a) may be rebutted with evidence that the individual purchased or possessed marijuana or tetrahydrocannabinol that is not authorized under:

      1. (i) Section 4-41-402; or
      2. (ii) Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.

5. (5)

   1. (a) An individual is not guilty under this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the use or possession of marijuana drug paraphernalia if the drug paraphernalia is a medical cannabis device.
   2. (b) Nothing in this section prohibits a person, either within the state or outside the state, from selling a medical cannabis device within the state.
   3. (c) A person is not required to hold a license under Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, to qualify for the protections of this section to sell a medical cannabis device.

Renumbered and Amended by Chapter 362, 2026 General Session