Davis County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Davis County?

Yes, cannabis cultivation is permitted in Davis County, but only for medical cannabis. As of November 2022, recreational cannabis is prohibited in the State of Utah.

Cannabis Production Establishments Chapter 41a defines a cannabis cultivation facility as a person who has cannabis, grows or plans to grow cannabis, or sells or desires to sell cannabis to a cannabis cultivation facility, a medical cannabis research licensee, or a cannabis production facility. A cannabis cultivation facility must make sure that its operating plan outlines its intended cannabis cultivation methods, including its use of pesticides and fertilizers, and the amount of land or space under cultivation and anticipated cannabis yield.

Under Section 4-41a-204 of Chapter 41a, a cultivation facility may grow cannabis indoors and outdoors with the following allowed space:

1. Indoor only- not more than 100,000 total square feet

2. Outdoor only- not more than four acres

3. Combination of indoor and outdoor- as determined by the Department of Agriculture and Food, pursuant to Title 63G, Chapter 3 of the Utah Administrative Rulemaking Act

Furthermore, the department may issue at least five licenses but not more than eight, for cannabis cultivation facilities to operate. The department can also grant a cannabis cultivation facility to operate at two separate locations.

A cannabis cultivation facility must take precautions to make sure that none of the cannabis that is being grown there is visible from the perimeter's ground level. The facility must utilize a unique identifier that is associated with the facility's inventory management system to recognize:

1. Each cannabis plant, once it reaches a height of eight inches and a root ball

2. Each distinct cannabis plant harvest

3. Each batch of marijuana the facility transfers to a pharmacy that sells it for medical purposes, an independent cannabis testing laboratory, or a processing facility

4. Any surplus, contaminated, or degraded cannabis that the cannabis cultivation facility disposes

In 2022, medical cannabis was grown by licensed cultivators on a total of 4.92 acres of outdoor space and 279,634 square feet of indoor space.

Is Cannabis Manufacturing Legal in Davis County?

Yes, cannabis manufacturing for medical cannabis is allowed in Davis County. Cannabis Production Establishments Chapter 41a defines a cannabis processing facility as a person who purchases cannabis from a cannabis production establishment or intends to do so; has cannabis in their possession with the intention of manufacturing cannabis products; produces cannabis products from raw cannabis or cannabis extract; sells or intends to sell cannabis products to a medical cannabis research licensee or a medical cannabis pharmacy.

The operations plan of a cannabis processing facility must outline the facility's proposed methods for manufacturing cannabis, including the following:

1. The offered selection of cannabis products

2. The cannabinoid extraction process

3. The equipment used for the extraction

4. The processing equipment

5. The processing techniques

6. The sanitation and manufacturing safety protocols for products intended for human consumption

Pursuant to Section 4-41a-603 of Chapter 41a, cannabis processing facilities may not manufacture cannabis products in physical form that:

1. The establishment knows or ought to know is appealing to children

2. Is designed to imitate or be mistaken for a confectionery product

3. For cannabis products used in the vaporization, includes candy-like flavors or other flavorings that facilities know are of interest to children

Under the Medical Cannabis Program of the Utah Department of Agriculture and Food, there are two tiers of cannabis processing permits that are available, which are governed by Rule R68-28. With a Tier 1 Processing License, a facility is permitted to process, formulate, package, and label cannabis products. On the other hand, a Tier 2 Processing License allows a facility to package and label cannabis products.

There are now two Tier 1 processors with an "intent to license," thirteen Tier 1 processors, and two Tier 2 processors. The Cannabis Production Establishment Licensing Advisory Board has approved applicants with an intent to license, subject to final inspections and compliance with local laws. Currently, there are two medical cannabis processors in Davis County.

Utah currently does not limit the number of processing licenses. For interested cannabis processor applicants, here is the checklist for the medical cannabis processing application. Make sure to adhere to all instructions in order to submit an application. Applicants are required to appear before the Cannabis Production Establishment Licensing Advisory Board before they may be granted a license. All applicants for a cannabis processing license are required to undergo a background check and submit a bond.

Is Cannabis Retail Legal in Davis County?

Yes, Davis County allows the retail sale of medical marijuana in the following forms: tablet, capsule, concentrated liquid or viscous oil, liquid suspension, topical preparation, transdermal preparation, sublingual preparation, gelatinous cube or lozenge in a cube, resin or wax, aerosol, and flower. The law prohibits cookies, brownies, candies, and other edibles. Smoking cannabis is also not permitted. All medical cannabis products must be bought from a pharmacy/ dispensary that is authorized to sell them. As of date, there is currently one medical cannabis pharmacy/ dispensary located in Davis County.

The Utah Department of Health and Human Services (DHHS) has granted 15 licenses for medical cannabis pharmacies. 14 pharmacies are currently open, with the 15th set to open later in 2022. Each registered medical cannabis pharmacy must comply with the requirements of the Utah Medical Cannabis Act by having a Pharmacy Medical Provider (PMP) on-site and available to speak with cardholders during business hours. The PMP is in charge of reviewing medical cannabis transactions and making sure they are all properly completed. Each PMP is required to register with DHHS.

A person may not operate a medical cannabis pharmacy unless the department issues a license. An applicant is eligible for a license if they provide the department with the following information:

1. A proposed name and address where they plan to operate the medical cannabis pharmacy

2. The name and address of someone who has:

   • a financial or voting interest of 2% or more in the proposed medical cannabis pharmacy for a publicly traded company

   • has a financial or voting interest in the proposed medical cannabis pharmacy for a privately held company

   • has the authority to manage or exercise control over a proposed medical cannabis pharmacy

3. An operating plan that the department approves and consists of operating procedures to conform with the operating requirements of a medical cannabis pharmacy with the relevant municipal or county law

4. An application fee that the department sets

5. A description of any investigation or adverse action that was taken by any government agency, licensing jurisdiction, court in any state, or law enforcement agency for any violation or detrimental conduct in connection to the applicant's cannabis-related operations

A medical cannabis pharmacy or dispensary may not be established within 200 feet or less from a community location or 600 feet or less from an area that the relevant municipality or county has designated as primarily residential.

Before dispensing cannabis or a cannabis product to a medical cannabis cardholder, a medical cannabis pharmacy must access the state electronic verification system to ascertain whether the cardholder or the associated patient has reached the maximum amount of medical cannabis. If the verification indicates that the person has reached the maximum amount, reject the sale, and let the recommending doctor know. This is pursuant to the Utah Medical Cannabis Act, Section 26-61a-502.

Medical cannabis pharmacies may sell medical cannabis in-store or by home delivery.

Is Cannabis Delivery Legal in Davis County?

Yes. The medical cannabis pharmacy or courier business performs deliveries. In Davis County, home delivery of medical cannabis is allowed. Currently, there are four medical cannabis pharmacies/ dispensaries in Davis County that perform home deliveries.

Utah Medical Cannabis Act, Chapter 61a defines home delivery medical cannabis pharmacy as a medical cannabis pharmacy that the department authorizes to deliver medical cannabis to the home address of a medical cannabis cardholder. According to Section 26-61a-506 of the Act, the following persons are allowed to transport medical cannabis:

1. a registered medical cannabis pharmacy staff

2. a registered medical cannabis courier staff

3. a registered pharmacy medical provider

4. a medical cannabis cardholder who transports a medical cannabis treatment that the individual is authorized to transport

How to Get Medical Marijuana Card in Davis County

To legally purchase and possess medicinal cannabis in Davis County, patients must have a valid medical cannabis card. Medical cannabis cards cannot be acquired from a pharmacy, clinic, or from any other entity except for the Utah Department of Health.

Here are the requirements to get a medical cannabis card in Utah:

• Must be a Utah resident

• Have at least one qualifying condition

• Submit a patient application online

• Meet in person with a healthcare provider registered with the Utah Department of Health to prescribe medical cannabis

• Your medical cannabis card eligibility has been verified by the treating physician online

• Online application fees are $15

A minor cannot obtain a medicinal cannabis card unless their parent or legal guardian meets the requirements for a medical cannabis guardian card.

The following is a list of qualifying health conditions under the Utah Medical Cannabis Act:

• HIV or acquired immune deficiency syndrome

• amyotrophic lateral sclerosis

• Alzheimer’s disease

• Crohn’s disease or ulcerative colitis

• autism

• epilepsy or debilitating seizures

• multiple sclerosis or debilitating and persistent muscle spasms

• cancer

• cachexia

• post-traumatic stress disorder

• persistent nausea

• a rare disease or condition that affects fewer than 200,000 people in the US

• a fatal illness and their prognosis is shorter than six months

• a disease that necessitates hospice care for the patient

• pain that has persisted for more than two weeks but is not well treated

Patients with medical conditions not specifically included in the law may petition the Compassionate Use Board for a medical cannabis card. The board will assess entire petitions and approve eligibility on a case-by-case basis.

For more information about Utah’s medical marijuana program, you may reach out: \

Utah Department of Health and Human Services

195 N 1950 W, Salt Lake City, UT 84116

Phone: 801-538-6504

Email: medicalcannabis@utah.gov

How Has Cannabis Legalization Impacted the Economy of Davis County?

According to the 2020 report by the Utah Department of Health, the medical cannabis sales revenue at licensed pharmacies between March 2, 2020, and October 31, 2020 (excluding medical cannabis devices and educational materials) amounted to over $14 million. Within those months, the total number of transactions at medical cannabis pharmacies was more than 109 thousand.

Furthermore, the report also states that the department's expectations in terms of the number of cardholders and qualified medical providers were exceeded. Within the first year of implementing Utah's medical cannabis program, the researchers at the University of Utah projected that it would enroll between 11,000 and 16,000 medicinal cannabis card holders and 500 qualified medical providers (QMPs). However, in just eight months since the program's launch, the Center for Medical Cannabis has registered over 13,000 active medical cannabis cardholders and more than 500 QMPs. Davis County had 1,074 patient cardholders and 40 QMPs as of October 2020.

Utah's House Bill 3001 exempts medical cannabis from sales tax. If recreational cannabis is legalized in the state and subject to tax, it would most certainly benefit the economy.

The Effects of Cannabis Legalization on Crime Rates in Davis County

Medical cannabis was legalized in Utah in November 2018 after the Utah Medical Cannabis Act went into effect.

In 2017, 2018, and 2019, DUI cases in Davis County per FBI crime report varied from 61 to 78 and 44 arrests, respectively. Meanwhile, the number of marijuana-related offenses drastically increased during 2017, 2018, and 2019— from 10 cases to 121 and 111, respectively. This data was made available by the Davis County Sheriff's Office.