Full text of Utah Utah Code § 58-37-404 — Medical cannabis decriminalization., with citation guidance and answers to common questions.
§ 58-37-404. Medical cannabis decriminalization.
Effective 5/6/2026
58-37-404.
Medical cannabis decriminalization.
| (1) | As used in this section:
| (a) | "Cannabis" means the same as that term is defined in Section 26B-4-201. |
| (b) | "Cannabis product" means the same as that term is defined in Section 26B-4-201. |
| (c) | "Legal dosage limit" means the same as that term is defined in Section 26B-4-201. |
| (d) | "Medical cannabis card" means the same as that term is defined in Section 26B-4-201. |
| (e) | "Medical cannabis device" means the same as that term is defined in Section 26B-4-201. |
| (f) | "Medicinal dosage form" means the same as that term is defined in Section 26B-4-201. |
| (g) | "Nonresident patient" means the same as that term is defined in Section 26B-4-201. |
| (h) | "Qualifying condition" means the same as that term is defined in Section 26B-4-201. |
| (i) | "Tetrahydrocannabinol" means the same as that term is defined in Section 58-37-402. |
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| (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:
| (a) | at the time of the arrest or citation, the individual:
| (i) | for possession, was a medical cannabis cardholder; or |
| (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 |
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| (b) |
| (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:
| (A) | unprocessed cannabis in a medicinal dosage form; or |
| (B) | a cannabis product in a medicinal dosage form; and |
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| (ii) | for use or possession of marijuana drug paraphernalia, the paraphernalia is a medical cannabis device. |
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| (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:
| (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:
| (i) | unprocessed cannabis in a medicinal dosage form; or |
| (ii) | a cannabis product in a medicinal dosage form; and |
|
| (b) | for use or possession of marijuana drug paraphernalia, the paraphernalia is a medical cannabis device. |
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| (4) |
| (a) | There is a rebuttable presumption against an allegation of use or possession of marijuana or tetrahydrocannabinol if:
| (i) | an individual fails a drug test based on the presence of tetrahydrocannabinol in the sample; and |
| (ii) | the individual provides evidence that the individual possessed or used cannabidiol or a cannabidiol product. |
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| (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:
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| (5) |
| (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. |
| (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. |
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Renumbered and Amended by Chapter
362, 2026 General Session
Frequently Asked Questions About Utah § 58-37-404
What does Utah Code § 58-37-404 cover?
Section 58-37-404 ("Medical cannabis decriminalization.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 58-37-404?
A common citation format is "Utah Code § 58-37-404" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 58-37-404 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
