80-4-109. Consideration of cannabis during proceedings.
(1) As used in this section: "Cannabis" means the same as that term is defined in Section. 26B-4-201 "Cannabis product" means the same as that term is defined in Section. 26B-4-201 "Chronic" means repeated or patterned. "Chronic" does not mean an isolated incident. "Directions of use" means the same as that term is defined in Section. 26B-4-201 "Dosing guidelines" means the same as that term is defined in Section. 26B-4-201 "Medical cannabis" means the same as that term is defined in Section. 26B-4-201 "Medical cannabis cardholder" means the same as that term is defined in Section. 26B-4-201 "Recommending medical provider" means the same as that term is defined in Section. 26B-4-201
(2) In a proceeding under this chapter in which the juvenile court makes a finding, determination, or otherwise considers an individual's possession or use of medical cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the individual's possession or use any differently than the lawful possession or use of any prescribed controlled substance if: the individual's possession or use complies with; Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies the individual's possession or use complies with Subsectionor; or 58-37-404(2) (3) the individual's possession or use complies with; and Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis the individual reasonably complies with the directions of use and dosing guidelines determined by the individual's recommending medical provider or through a consultation described in Subsection. 26B-4-231(5)
(3) In a proceeding under this chapter, a parent's or guardian's use of cannabis or a cannabis product is not abuse or neglect of a child unless there is evidence showing that: the child is harmed because of the child's inhalation or ingestion of cannabis, or because of cannabis being introduced to the child's body in another manner; or the child is at an unreasonable risk of harm because of chronic inhalation or ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
(4) Unless there is harm or an unreasonable risk of harm to the child as described in Subsection, a parent's or guardian's use of medical cannabis or a cannabis product is not contrary to the best interests of a child if: (3) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's possession or use complies with, and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates from the directions of use and dosing guidelines determined by the parent's or guardian's recommending medical provider or through a consultation described in Subsection; or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis 26B-4-231(5) before January 1, 2021, the parent's or guardian's possession or use complies with Subsectionor. 58-37-404(2) (3)
(5) Subsectiondoes not prohibit a finding of abuse or neglect of a child and Subsectiondoes not prohibit a finding that a parent's or guardian's use of medical cannabis or a cannabis product is contrary to the best interests of a child, if there is evidence showing a nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior that would separately constitute abuse or neglect of the child. (3) (3)