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Becoming a Medical Marijuana Patient in Utah

David Bowman

New Member
Summary
To become a medical cannabis patient in Utah, a patient must be diagnosed by a neurologist with severe epilepsy that is unresponsive to three or more treatment options. Patients who obtain a registration card are exempt from criminal penalties for possession and use of cannabis extracts that contains at least 15% cannabidiol (CBD) and no more than 0.3% tetrahydrocannibinol (THC). Parents of children with epilepsy are also protected under the law, but there is no legal exception for personal cultivation, processing or dispensing of cannabis.

What's Legal
Patients or the parents of minor-patients may obtain a "hemp extract registration card." Possession of such card allows authorized cardholders to bring hemp extract (aka "CBD oil") in from another state so long as the product has been tested by a laboratory that is not the manufacturer of the product. The product must be at least 15% CBD, no more than 0.3% THC. The law does not impose possession limits.

Eligible Conditions
Only "intractable epilepsy" is eligible, and must not respond to three or more treatment options overseen by the neurologist before a patient can obtain a hemp registration card and legal access.

Application Process
Patients over the age of 18 or the parents of minor-patients with intractable epilepsy may apply to the Department Health. Only Utah residents may become registered patients under the law. The patient must have a signed statement their treating neurologist recommending hemp extract therapy. Patients will also need to submit photo ID and a registration fee to be determined by the Department of Health.

Doctor
Only a neurologist may recommend hemp oil therapy under Utah law.

Access/Caregivers
Caregivers are permitted, but only for minor-patients. A parent is required to serve as the cardholder for a patient under the age of 18. Access to hemp oil is only possible by traveling out of state to a medical cannabis jurisdiction that allows the sale or transfer of medical cannabis to residents.

Consumption
The are no restrictions on where a patient may use their medicine under Utah law.

Age Limits
The Utah law allows patients under the age 18 to have access to hemp oil, but only one of their parents or legal guardians may be the registered cardholder who can obtain the medicine from out of state.

Confidentiality
There are no explicit confidentiality provisions under the Utah hemp extract law. In fact, the law enables the Department of Health to share physician records related to recommending hemp extract with higher education institutions.

Housing
There are no explicit protections from housing discrimination for patients under the Utah law.

Employment
There are no explicit protections from employment discrimination for patients under the Utah law.

Insurance
The law does not address health insurance and it is highly unlikely that any health insurer would cover hemp extract expenses.

Out of State Patients
Out of state patients have no legal protection under Utah law.

Source: ASA: Becoming a Patient in Utah
 
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