Licensed cannabis cultivation for medical use in Cache County is legal. The Utah Medical Cannabis Act first legalized medical cannabis in the state in 2018. Currently, the State of Utah’s medical cannabis laws are in the Utah Code Title 4 Chapter 41a (4-41a) and Title 26B Chapter 4 Part 2 (26B-4-P2). The Center for Medical Cannabis (CMC) is under the Utah Department of Health and Human Services (DHHS).
The Utah Department of Agriculture and Food (UDAF) and the Utah Division of Purchasing and General Services issue the medical cannabis cultivator license. Utah Code 4-41a Part 2 Section 205 allows only eight such licenses to be issued statewide and all have been granted as of July 2023. None of them are in Cache County. No new licenses will be issued until all licensees reach their growing limit of 100,000 square feet and the DHHS sees a higher demand based on the needs of patients, provided the maximum number of cultivators does not exceed 15. Also, a new license may be issued if one of the current licensees gives up the license.
Utah Code 4-41a-201 requires a licensed medical cannabis cultivation facility to be at a distance of more than 1,000 feet from a community location, defined as a school up to the secondary level, public library, public park, public playground, or church. The cultivation facility must also be at a distance of more than 600 feet from a designated residential zone of the county or municipality. Furthermore, according to Utah Code Title 4 Chapter 41a Part 2 Section 501, the licensed medical cannabis cultivation facility’s activities must not be seen by the public from the outside at ground level.
The State of Utah’s Cannabis Cultivation Rule R68-27 states that indoor cultivators may grow up to only 100,000 square feet of cannabis crops while outdoor cultivators may grow up to four acres. Those who do mixed cultivation may only cultivate 50,000 square feet indoors and two acres outdoors. Every year, a licensee may apply for a 25% increase in growing limits.
Licensed medical cannabis product manufacturing in Cache County is legal as mandated currently by the State of Utah’s Code 4-41a and Code 26B-4-P2. The UDAF issues the medical cannabis processing license. Applications were open as of July 2023 and there is no limit on the number of such licenses to be issued statewide. As of the same date, 13 medical cannabis processing licenses have already been issued, with none located in Cache County.
The Tier 1 medical cannabis processing licensee is authorized to manufacture, package, and label medical cannabis products, while the Tier 2 medical cannabis processing licensee is only authorized to package and label medical cannabis products. Applicants for both types of licenses must be compliant with the Medical Cannabis Processing Application Checklist and the same location requirements for licensed medical cannabis cultivation facilities.
Moreover, both types of medical cannabis processing license holders are required to follow the product packaging and labeling rules in the Utah Code Title 4 Chapter 41a Part 6 Section 602 regarding child-resistant containers, accurate information, and complete warnings. Likewise, they must follow the standards of purity and quality in the Utah Code Title 4 Chapter 41a Part 6 Section 603.
Licensed medical cannabis retail in Cache County is legal as stipulated currently by Code 4-41a and Code 26B-4-P2 of the State of Utah. The medical cannabis pharmacy license was previously issued by the DHHS. Effective July 1, 2023, however, licensing was transferred to the UDAF. Licensees are permitted to sell medical cannabis and medical cannabis products solely to medical cannabis cardholders.
According to the Utah Code Title 4 Chapter 41a Part 10 Section 1005, only 15 medical cannabis pharmacy licenses may be issued throughout the state. All of these have been issued by the DHHS previous to July 2023, with one licensed medical cannabis pharmacy located in Cache County. Applications are no longer accepted.
A pharmacy medical provider (PMP) who is a licensed pharmacist must be hired by each medical cannabis pharmacy licensee. The PMP must pass a DHHS-approved four-hour course and receive a certification of completion. This must be submitted when the PMP applies for registration with the DHHS. On the other hand, UDAF registration is required for all other personnel of the licensed medical cannabis pharmacy.
Utah Code Title 26B Chapter 4 Part 2 Section 201 permits licensed medical cannabis pharmacies to sell the following forms of medical cannabis and medical cannabis products:
Prohibited are cannabis-infused beverages.
Utah Code 4-41a-1102 states that licensed medical cannabis pharmacies are only allowed to sell to a medical cannabis holder every 28 days the legal dosage limit, which Utah Code 26B-4-201 defines as the following:
Licensed medical cannabis delivery in Cache County is legal. The DHHS allows licensed medical cannabis pharmacies to deliver to medical cannabis cardholders their purchased medical cannabis and medical cannabis products. Medical cannabis couriers licensed by the DHHS may also do the delivery for licensed medical cannabis pharmacies.
For Cache County residents to get a medical cannabis card, they need an online Utah ID. If they do not have one, they may create their ID in the Electronic Verification System (EVS). The next step is to be examined by a DHHS-qualified medical provider (QMP) to determine a diagnosis of any of the following qualifying illnesses:
The certification for the patient’s diagnosis and the recommended medical cannabis dosage will be posted by the QMP on the EVS. The patient must then complete the application on the EVS and pay the fee of $15.
When the patient is below the age of 18, the QMP will send the certification and medical cannabis records for review to the Compassionate Use Board (CUB). The patient needs to be registered by a parent or guardian on the EVS. The parent or guardian must likewise register. The fee is $68.25. An additional $15 is charged if another guardian is added.
A caregiver may register on the EVS to serve the needs of a registered adult patient who needs help. The DHHS will do a background check and the caregiver fee is $68.25.
Holders of valid medical cannabis cards from other U.S. states who visit the State of Utah may also apply through the EVS twice a year at most for a 21-day Utah medical cannabis card at $15.
Approved medical cannabis cards will be sent by email to be printed.
Queries may be sent to:
Utah Department of Health and Human Services
195 N 1950 W, Salt Lake City, UT 84116
Phone: 801-538-6504
*Email: medicalcannabis@utah.gov *
According to the Utah Code Title 59 Chapter 12 Part 1 Section 104.10, medical cannabis and medical cannabis products are not subject to sales tax in the State of Utah.
Sales tax is levied, however, on purchases of medical cannabis devices. Counties and municipalities are allowed by the Utah Code Title 59 Chapter 12 Part 2 Section 203 to divide sales tax revenues according to their agreement. Cache County can, therefore, benefit from sales taxes on purchases of medical cannabis devices from the licensed medical cannabis pharmacy located within it.
The DHHS reported that in May 2023, total sales statewide of medical cannabis devices such as grinders, pens, vaporizers, batteries, and cases amounted to $178,219.60.
Medical cannabis was legalized in Cache County in 2018.
Data sent by the Cache County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2017, a year before the legalization of medical cannabis, there were six marijuana possession arrests and one marijuana sales arrest, totaling seven marijuana offense arrests.
In 2019, a year after the legalization of medical cannabis, there were 28 marijuana possession arrests and one marijuana sales arrest, totaling 29 marijuana offense arrests.
In 2021, the latest data showed 63 marijuana possession arrests, comprising all marijuana offense arrests.
The number of DUI arrests in those years was as follows: