# Utah H.B. 389: Cannabis Amendments

Utah H.B. 389, Cannabis Amendments, is a 2026 General Session House bill sponsored by Jennifer Dailey-Provost (Democratic); status signed, last action 2026-03-25 (Governor Signed); PRIA reads it as touching household money (as of 2026-10-14).

- Canonical: https://policyrisk.com/state-bill/UT-HB389-2026GS
- As of: 2026-10-14
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Utah H.B. 389
- State: Utah
- Session: 2026 General Session
- Title: Cannabis Amendments
- Status: signed
- Chamber: House
- Introduced: 2026-01-26
- Last action: 2026-03-25, Governor Signed
- Sponsor: Jennifer Dailey-Provost (Democratic)
- Cosponsors: 1
- Subjects: Agriculture, Department of Agriculture and Food, Controlled Substances, Health and Human Services, Department of Health and Human Services, Agriculture & Food, Medical Cannabis
- Touches household money: yes
- Roll calls: 8 (178 yes, 3 no in all)
- Economic provisions PRIA read: 28

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Stronger penalties protect cannabis patient records: benefit, medium. Knowing, intentional unauthorized use or release of cannabis verification records is a third-degree felony and can bring a civil penalty up to $5,000. Law enforcement misuse outside criminal justice duties is a class B misdemeanor. Negligent or reckless unlawful release is a class C misdemeanor; ob…
- Purchase limit relief for terminally ill patients: benefit, medium. The department can waive the 28-day cannabis purchase limit for palliative care for up to 180 days. A recommending provider must petition for a cardholder with a terminal illness and life expectancy of six months or less. The department must consult the Compassionate Use Board and respond within 10…
- Temporary cannabis cards help patients sooner: benefit, medium. Eligible patients get temporary electronic cards once their provider enters a recommendation in the state system. This applies only to applications that do not require Compassionate Use Board approval. Caregivers also get temporary electronic cards when designated by patients with a qualifying term…
- Faster caregiver cards and limited charges: benefit, low. Eligible caregivers must receive cards within 15 days after the department receives a complete, compliant application. Existing caregivers can report another patient and get another card without a new application or background check. Parents found ineligible for a guardian card can name up to two c…
- Medical cannabis access for visiting patients: benefit, low. Utah recognizes visiting patients who are nonresidents or have lived in Utah for less than 45 days. They must hold a current medical cannabis card or equivalent from another U.S. jurisdiction. They must also have a condition that qualifies under Utah law. Visitor registration rules allow two period…
- More treatment help for cannabis patients: benefit, low. Cardholders can name their assisted living facility, nursing care facility, or general acute hospital as a caregiver. The designated facility can assign staff to help with treatment and receive shipments for the cardholder in its care. A physically present adult can also help when the provider reco…
- Visiting patients get limited cannabis access: benefit, low. The health department must set registration rules for qualifying medical cannabis patients visiting from another state. Registered visitors can buy medical cannabis or a medical cannabis device from Utah medical cannabis pharmacies. Registration covers no more than two visits per calendar year, eac…
- Cannabis oversight gets new board safeguards: benefit, low. The commissioner must hire three department employees as licensing board directors, serving at the commissioner's pleasure. At least one must have public health or medical experience. People with specified cannabis industry, ownership, family, or lobbying ties cannot serve as directors. The board c…
- Safer cannabinoid waste disposal and inspections: benefit, low. Cannabinoid processors and hemp retailers must follow applicable hazardous-waste laws when disposing of related waste and unused material. The agriculture department and its contracted laboratories must follow those laws too. People cannot delay or deny inspections authorized under Utah's hemp and…
- Temporary agency help supports cannabis administration: benefit, low. From May 6, 2026, through January 1, 2027, the agriculture department can request help from Utah's health department. Requested help can include medical cannabis duties or technical assistance. The agriculture department can limit or end that authority and make staff available. The health departmen…
- Cannabis funds support broader oversight work: benefit, low. The agriculture department can use the Qualified Production Enterprise Fund to carry out cannabis, hemp and cannabinoid, and kratom laws. It can use the Qualified Patient Enterprise Fund to employ the Specialized Product Authority Licensing Board. These expanded uses do not include a stated new app…
- State deposits fund prevention and testing: benefit, low. Beginning May 6, 2026, the agriculture department must send 10% of deposits covered by this provision to the health department. That money supports tobacco and nicotine prevention. The remaining 90% supports expanded and improved state laboratory testing and enforcement of the covered law. The tota…
- Fewer licensing and surveillance duties for businesses: benefit, low. Licensed cannabis processing facilities can make compliant cannabinoid products without a separate cannabinoid processor license. Hemp retailers no longer face purchaser video-surveillance duties previously scheduled to begin January 1, 2026. The repeal also removes the required 45-day video retent…
- Patients face cannabis purchase and dosing limits: cost, medium. Medical cannabis purchases are limited in each 28-day period to the legal dosage limit, defined as a 30-day supply. The quantity caps are 113 grams of unprocessed cannabis and 20 grams of total active THC in medicinal products. Patients without provider directions and dosing guidance must consult a…
- Cannabis purchases can carry transaction fees: cost, low. Utah's agriculture department can impose a uniform fee on each medical cannabis pharmacy transaction. The department sets the amount through the state's fee-setting process. The money supports the Qualified Production Enterprise Fund. The law does not state the fee amount.
- Cannabis licensing loses openness and support: cost, low. The Specialized Product Authority Licensing Board is exempt from Utah's general open-meeting law. Meetings and hearings specifically required by the cannabis chapter must still be public. The agriculture department no longer has to provide board staff or help conduct meetings. It also no longer has…
- Hemp retailers must check THC buyers: cost, low. Permitted hemp retailers must check identification when selling cannabinoid products containing THC or a THC analog. The check must confirm that the buyer is at least 21 years old.
- Acute pain access with shorter cards: mixed, medium. Pain from an acute condition, including surgery, qualifies for medical cannabis when it is expected to last at least two weeks. The condition must generally allow a medical professional to prescribe opioids for a limited time. Cards for acute pain expire 30 days after the first conditional or full…
- Cannabis patient data gets new rules: mixed, low. The health department must explain outside research uses of patient data; applying for a cannabis card counts as consent. Applicants and cardholders can withdraw consent anytime, but withdrawal affects only research started afterward. Study data releases are limited to consenting cardholders. Provi…
- Cannabis recommendations require checks and training: mixed, low. Providers generally cannot recommend cannabis through virtual visits. Exceptions cover hospice or terminal illness, assisted living or nursing care residents, and patients with specified prior in-person provider relationships. Before recommendations or renewals, providers must check photo identific…
- More cannabis products with strict form limits: mixed, low. Medical cannabis includes medicinal products for human use processed by a cannabis facility with less than 0.3% THC-related content by dry weight; hemp-registered products are excluded. Flower must stay in a qualifying container, with packaged weight within 10% of the label. In public, it must also…
- Patient cards use a tracked verification system: mixed, low. State agencies must procure a third-party system for cannabis cards, recommendations, pharmacy records, purchases, and inventory. The system vendor cannot hold a commercial or ownership interest in a cannabis production business or medical cannabis pharmacy. Patient and guardian cards stay inactive…
- Cannabis petitions stay private with public input: mixed, low. The licensing board takes over specified Compassionate Use Board duties, including petition rules, recommendation review, and cards when approval criteria are met. The commissioner appoints members and serves as nonvoting chair or names a chair. Meetings to review card petitions must be closed to t…
- Cannabis processors need approval for packaging: mixed, low. Processors need agriculture department approval before distributing medical cannabis with a label, logo, brand name, or packaging. They can reuse approved labels or packaging for another product when they remain compliant. Without new approval, changes are limited to flavor, terpene, or cannabis va…
- Cannabis pharmacies face staffing and training rules: mixed, low. Cannabis pharmacies must have a licensed pharmacist onsite during all business hours and a pharmacist-in-charge who oversees operations and inventory. Eligible pharmacy medical providers must receive registration within 15 days after submission of required information, license proof, education ackn…
- Cannabis businesses get hearings and appeal rules: mixed, low. Production, pharmacy, and courier license renewals must be reviewed at public meetings. Applicants must attend in person or electronically, or submit information as the board requires. Adding hemp processing or cultivation at a cannabis processing facility's location also requires a public hearing.…
- Cannabis growers gain locations with added fees: mixed, low. The agriculture department can authorize up to three cultivation locations per license, up from two. Growers pay $15,000 for each location after the second. Combined locations remain subject to cultivation limits of 100,000 indoor square feet or four outdoor acres. Growers can request a one-time pe…
- Cannabis growers gain sites but pay: mixed, low. Licensed cannabis growers can operate at up to three addresses under one license, up from two. All addresses must use that single cultivation license. Growers must pay $15,000 for each location beyond the second. The law does not state how often this fee is charged.

## Sponsors and cosponsors

- Sponsor: Jennifer Dailey-Provost (Democratic), House
- Cosponsor: Evan J. Vickers (Republican), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-03-05 | House | House/ concurs with Senate amendment | pass | 72 | 1 |   |
| 2026-03-05 | Senate | Senate/ substituted | fail | 0 | 0 |   |
| 2026-03-05 | Senate | Senate/ passed 2nd & 3rd readings/ suspension | pass | 26 | 0 |   |
| 2026-02-25 | Senate | Senate Comm - Favorable Recommendation | pass | 5 | 0 |   |
| 2026-02-19 | House | House/ substituted | fail | 0 | 0 |   |
| 2026-02-19 | House | House/ passed 3rd reading | pass | 59 | 1 |   |
| 2026-02-11 | House | House Comm - Favorable Recommendation | pass | 8 | 1 |   |
| 2026-02-11 | House | House Comm - Substitute Recommendation | pass | 8 | 0 |   |

## Actions (41)

- 2026-03-25: Governor Signed
- 2026-03-12: House/ to Governor (House)
- 2026-03-12: House/ received enrolled bill from Printing (House)
- 2026-03-11: House/ enrolled bill to Printing (House)
- 2026-03-11: Enrolled Bill Returned to House or Senate
- 2026-03-06: Draft of Enrolled Bill Prepared
- 2026-03-06: Bill Received from House for Enrolling
- 2026-03-06: House/ signed by Speaker/ sent for enrolling (House)
- 2026-03-06: House/ received from Senate (House)
- 2026-03-06: Senate/ to House (Senate)
- 2026-03-06: Senate/ signed by President/ returned to House (Senate)
- 2026-03-06: Senate/ received from House (Senate)
- 2026-03-05: House/ to Senate (House)
- 2026-03-05: House/ concurs with Senate amendment (House)
- 2026-03-05: House/ placed on Concurrence Calendar (House)
- 2026-03-05: House/ received from Senate (House)
- 2026-03-05: Senate/ to House with amendments (Senate)
- 2026-03-05: Senate/ passed 2nd & 3rd readings/ suspension (Senate)
- 2026-03-05: Senate/ substituted (Senate)
- 2026-03-05: Senate/ 2nd & 3rd readings/ suspension (Senate)
- 2026-03-05: Senate/ Rules to 2nd Reading Calendar (Senate)
- 2026-03-04: Senate/ 2nd Reading Calendar to Rules (Senate)
- 2026-02-26: Senate/ placed on 2nd Reading Calendar (Senate)
- 2026-02-26: Senate/ committee report favorable (Senate)
- 2026-02-25: Senate Comm - Favorable Recommendation
- 2026-02-23: Senate/ to standing committee (Senate)
- 2026-02-20: Senate/ 1st reading (Introduced) (Senate)
- 2026-02-19: Senate/ received from House (Senate)
- 2026-02-19: House/ to Senate (House)
- 2026-02-19: House/ passed 3rd reading (House)
- 2026-02-19: House/ substituted (House)
- 2026-02-19: House/ 3rd reading (House)
- 2026-02-12: House/ 2nd reading (House)
- 2026-02-12: House/ comm rpt/ substituted (House)
- 2026-02-11: House Comm - Favorable Recommendation
- 2026-02-11: House Comm - Substitute Recommendation
- 2026-02-06: House/ to standing committee (House)
- 2026-02-03: House/ received fiscal note from Fiscal Analyst (House)
- 2026-01-27: House/ 1st reading (Introduced) (House)
- 2026-01-27: House/ received bill from Legislative Research (House)
- 2026-01-26: Numbered Bill Publicly Distributed

## Bill text

- Enrolled, 2026-03-11: [PDF](https://le.utah.gov/Session/2026/bills/enrolled/HB0389.pdf)
- Substitute #4, 2026-02-27: [PDF](https://le.utah.gov/Session/2026/bills/introduced/HB0389S04.pdf)
- Substitute #3, 2026-02-18: [PDF](https://le.utah.gov/Session/2026/bills/introduced/HB0389S03.pdf)
- Substitute #2, 2026-02-11: [PDF](https://le.utah.gov/Session/2026/bills/introduced/HB0389S02.pdf)
- Substitute #1, 2026-02-02: [PDF](https://le.utah.gov/Session/2026/bills/introduced/HB0389S01.pdf)
- Introduced, 2026-01-26: [PDF](https://le.utah.gov/Session/2026/bills/introduced/HB0389.pdf)

## Related bills

- H.B. 94: Criminal Accounts Receivable Amendments (signed)
- H.B. 101: Firearm Background Check Amendments (signed)
- H.B. 178: School Zone Speeding Amendments (signed)
- H.B. 134: Offender Transfer Amendments (signed)
- H.B. 136: Unlicensed Driver Amendments (signed)
- H.B. 220: Public Safety Data Amendments (signed)

## Sources
- [Enrolled (PDF)](https://le.utah.gov/Session/2026/bills/enrolled/HB0389.pdf)
- [Substitute #4 (PDF)](https://le.utah.gov/Session/2026/bills/introduced/HB0389S04.pdf)
- [Substitute #3 (PDF)](https://le.utah.gov/Session/2026/bills/introduced/HB0389S03.pdf)
- [Substitute #2 (PDF)](https://le.utah.gov/Session/2026/bills/introduced/HB0389S02.pdf)
- [Substitute #1 (PDF)](https://le.utah.gov/Session/2026/bills/introduced/HB0389S01.pdf)
- [Introduced (PDF)](https://le.utah.gov/Session/2026/bills/introduced/HB0389.pdf)

## Related
- [H.B. 94: Criminal Accounts Receivable Amendments](https://policyrisk.com/state-bill/UT-HB94-2026GS)
- [H.B. 101: Firearm Background Check Amendments](https://policyrisk.com/state-bill/UT-HB101-2026GS)
- [H.B. 178: School Zone Speeding Amendments](https://policyrisk.com/state-bill/UT-HB178-2026GS)
- [H.B. 134: Offender Transfer Amendments](https://policyrisk.com/state-bill/UT-HB134-2026GS)
- [H.B. 136: Unlicensed Driver Amendments](https://policyrisk.com/state-bill/UT-HB136-2026GS)
- [H.B. 220: Public Safety Data Amendments](https://policyrisk.com/state-bill/UT-HB220-2026GS)
- [Utah bills](https://policyrisk.com/states/utah/bills)
- [Utah state hub](https://policyrisk.com/states/utah)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/UT-HB389-2026GS (as of 2026-10-14).
