58-37-402. Exemption for possession or use of cannabis to treat a qualifying illness -- Penalties.
(1) As used in this section: "Cannabis" means marijuana. "Cannabis product" means the same as that term is defined in Section. 26B-4-201 "Drug paraphernalia" means the same as that term is defined in Section. 76-18-301 "Medical cannabis cardholder" means the same as that term is defined in Section. 26B-4-201 "Medical cannabis device" means the same as that term is defined in Section. 26B-4-201 "Medicinal dosage form" means the same as that term is defined in Section. 26B-4-201 "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic description as described in Subsection. 58-37-108(2)(a)(iii)(AA)
(2) Notwithstanding any other provision of law, except as otherwise provided in this section: an individual is not guilty of a violation of this title or Title 76, Chapter 18, Drug Offenses, for the following conduct if the individual engages in the conduct in accordance with, or: Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis possessing, ingesting, inhaling, producing, manufacturing, dispensing, distributing, selling, or offering to sell cannabis or a cannabis product; or possessing cannabis or a cannabis product with the intent to engage in the conduct described in Subsection; and (2)(a)(i) an individual is not guilty of a violation of this title or Title 76, Chapter 18, Drug Offenses, regarding drug paraphernalia if the individual, in accordance with, and: Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis possesses, manufactures, distributes, sells, or offers to sell a medical cannabis device; or possesses a medical cannabis device with the intent to engage in any of the conduct described in Subsection. (2)(b)(i)
(3) As used in this Subsection, "smoking" does not include the vaporization or heating of medical cannabis. (3), does not authorize a medical cannabis cardholder to smoke or combust cannabis or to use a device to facilitate the smoking or combustion of cannabis. Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis A medical cannabis cardholder or a nonresident patient who smokes cannabis or engages in any other conduct described in Subsection: (3)(b) does not possess the cannabis in accordance with; and Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis is, for the use or possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia for the conduct described in Subsection: (3)(b) for the first offense, guilty of an infraction and subject to a fine of up to $100; and for a second or subsequent offense, subject to charges under this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances.
(4) An individual who is assessed a penalty or convicted of a crime under, or, is not, based on the conduct underlying that penalty or conviction, subject to a penalty described in this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for: Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis the possession, manufacture, sale, or offer for sale of cannabis or a cannabis product; or the possession, manufacture, sale, or offer for sale of drug paraphernalia.
(5) Nothing in this section prohibits a person, either within the state or outside the state, from selling a medical cannabis device within the state. A person is not required to hold a license under, or, to qualify for the protections of this section to sell a medical cannabis device. Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
(6) A previous conviction used for a penalty enhancement under this section includes a conviction for an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of this section.