Washington County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Washington County?

The licensed cultivation of cannabis in Washington County is legal but the State of Utah limits this to the cultivation of cannabis for medical purposes only. Medical cannabis was first legalized in 2018 by the Utah Medical Cannabis Act. The Act has undergone several amendments since then and relevant portions are now in the Utah Code’s Title 26B Chapter 4 Part 2 and Title 4 Chapter 41a.

The Utah Department of Health and Human Services (DHHS) runs the Center for Medical Cannabis (CMC). Licensing for commercial medical cannabis cultivation, however, is granted by the Utah Department of Agriculture and Food (UDAF) and the Utah Division of Purchasing and General Services.

Title 4 Chapter 41a Part 2 Section 205 of the Utah Code states that only up to eight commercial medical cannabis cultivation licenses may be granted statewide and all have already been issued. Therefore, as of June 2023, applications have closed. None of the eight existing licensees are in Washington County.

Section 205 also states that applications for commercial medical cannabis cultivation licenses may only open again if the current licensees have all reached their allowed growing limits and the DHHS determines that more is needed to meet the needs of registered medical cannabis patients. The maximum number of such licenses must not, however, exceed 15. Also, if a current commercial medical cannabis cultivation licensee gives up the license, then applicants may vie for the open slot.

Moreover, this section of the law states that a licensed commercial medical cannabis cultivation facility must be more than 1,000 feet away from a community site defined as a school, public playground, public library, public park, or church. It must also be more than 600 feet away from a residential zone.

Separately, the Utah Code Title 4 Chapter 41a Part 2 Section 501 mandates that the cannabis crops at a licensed commercial medical cannabis cultivation facility must not be visible to the public at ground level.

The Cannabis Cultivation Rule R68-27 of the State of Utah limits the indoor licensed cultivation of medical cannabis to 100,000 square feet and outdoor licensed cultivation to four acres. If a mix of indoor and outdoor cultivation is done, the limit is 50,000 square feet for indoor cultivation plus two acres for outdoor cultivation. Licensees may apply for a 20% increase to their cultivation caps every year.

Is Cannabis Manufacturing Legal in Washington County?

The licensed manufacturing of cannabis products in Washington County is legal but the State of Utah’s UDAF only grants medical cannabis processing licenses. There is no maximum number of such licenses that the UDAF may issue statewide and applications are still open.

Companies may apply for a Tier 1 medical cannabis processing license which authorizes the manufacturing, packaging, and labeling of medical cannabis products, or a Tier 2 medical cannabis processing license which only authorizes product packaging and labeling. Statewide, as of June 2023, there are 13 licensees for Tier 1 medical cannabis processing and two licensees for Tier 2 medical cannabis processing. None of them are in Washington County.

A company applying for any type of medical cannabis processing license must comply with the Medical Cannabis Processing Application Checklist, pay the $1,250 non-refundable application fee, provide a performance bond of $50,000, and provide criminal history background check results. Any licensed medical cannabis processing facility must be compliant with the same location restrictions as any licensed medical cannabis cultivation facility.

All medical cannabis processing licensees must comply with the Utah Code Title 4 Chapter 41a Part 6 Section 602 on medical cannabis product packaging being child-resistant and labeled accurately with all the required information and warnings. They must also comply with the Utah Code Title 4 Chapter 41a Part 6 Section 603 on the quality and purity of medical cannabis products.

Is Cannabis Retail Legal in Washington County?

The licensed retail selling of cannabis and cannabis products in Washington County is legal but the State of Utah’s DHHS only grants medical cannabis pharmacy licenses. Holders of these licenses are only allowed to dispense medical cannabis and its products to medical cannabis cardholders.

The Utah Code Title 4 Chapter 41a Part 10 Section 1005 limits the number of medical cannabis pharmacy licenses that the DHHS can issue statewide to 15. As of June 2023, all 15 have been issued. Hence, no further applications are being accepted. One of the licensed medical cannabis pharmacies is in Washington County.

A licensed medical cannabis pharmacy is required to employ a pharmacy medical provider (PMP). A PMP must be a licensed pharmacist who must acquire a certification of completion after undergoing a four-hour course approved by the DHHS. The certification is required as part of the application for DHHS registration. All other employees of the licensed medical cannabis pharmacy must likewise be registered with the DHHS.

Title 26B Chapter 4 Part 2 Section 201 of the Utah Code allows licensed medical cannabis pharmacies to sell medicinal dosage forms of cannabis which are defined as raw cannabis flowers, resins, oils, waxes, liquid concentrates, liquid suspensions not exceeding 30 milliliters, pills, capsules, lozenges, sublingual formulations, gelatinous cubes or rectangular cuboids, aerosols, transdermal patches, topical preparations, cartpens, and infused edibles. However, cannabis-infused beverages are not allowed.

This section sets the dosage limit that licensed medical cannabis pharmacies can sell to a medical cannabis cardholder at a 30-day supply but not exceeding 113 grams of raw cannabis or 20 grams of tetrahydrocannabinol (THC) contained in an approved medical cannabis product form. Effective July 1, 2023, however, the 30-day dosage limit may be sold every 28 days.

Is Cannabis Delivery Legal in Washington County?

Licensed medical cannabis pharmacies in Washington County are allowed to deliver medical cannabis and medical cannabis products only to the homes of medical cannabis cardholders. They may also hire DHHS-licensed medical cannabis couriers to do so on their behalf. Employees of a licensed medical cannabis courier service are required to register with the DHHS.

How to Get a Medical Marijuana Card in Washington County

For residents of Washington County to get a medical cannabis card, they must have an online Utah ID or create one in the Electronic Verification System (EVS). The patient must then be diagnosed by a DHHS-qualified medical provider (QMP) in person to have an illness that is included in the list for medical cannabis treatment, such as any of the following:

• Terminal illness with a life expectancy of less than six months
• HIV
• AIDS
• Any rare condition affecting less than 200,000 U.S. residents and not adequately manageable with other treatments
• Amyotrophic lateral sclerosis
• Conditions requiring hospice care
• Alzheimer’s disease
• Acute pain from an acute condition that is expected to last at least two weeks
• Cancer
• Persistent pain lasting more than two weeks despite other treatments
• Persistent nausea not related to pregnancy, cannabinoid hyperemesis syndrome, or cannabis-induced cyclical vomiting syndrome
• Autism
• Cachexia
• Debilitating seizures
• Crohn’s disease
• Epilepsy
• Ulcerative colitis
• Post-traumatic stress disorder
• Persistent and debilitating muscle spasms
• Multiple sclerosis

The QMP will post on the EVS the patient’s certification and recommendation for medical cannabis dosage. The patient must then log into the EVS, pay the $15 fee, and complete the application. The approved electronic medical cannabis card will be received by the patient via email and may also be printed out.

Patients younger than 18 must be registered on the EVS by a guardian. The guardian must also register. After a QMP has diagnosed the patient, the patient’s certification and medical cannabis records will be sent to the Compassionate Use Board (CUB) for review. The guardian must then log into the EVS, pay the $68.25 fee covering the patient’s provisional medical cannabis card and the guardian’s medical cannabis card, and complete the application. A second guardian may be named for an additional $15. The approved electronic medical cannabis cards will also be received by the patient and the guardian via email and may likewise be printed out.

A caregiver may apply for a caregiver medical cannabis card to assist an adult patient who is a medical cannabis cardholder. Registration with the EVS is required as well as a background check by the DHHS. The application fee is $68.25. A printable electronic medical cannabis card will be emailed to the caregiver.

Visitors to Utah who hold a valid medical cannabis card from their home state may apply for a temporary 21-day medical cannabis card through the EVS not more than twice a year. Their medical condition must be among those qualified for medical cannabis treatment in the State of Utah. The application fee is $15. A printable electronic medical cannabis card will also be sent by email.

More information may be requested from:

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 Washington County?

The Utah Code Title 59 Chapter 12 Part 1 Section 104.10 exempted the sales of medical cannabis and medical cannabis products in the state from sales tax effective May 3, 2023. The sales of medical cannabis devices are, however, subject to sales tax.

The Utah Code Title 59 Chapter 12 Part 2 Section 203 allows counties and their municipalities to agree on how to divide the revenues from sales taxes derived from medical cannabis devices. Since there is one licensed medical cannabis dispensary in Washington County, it can benefit from this distribution of revenues.

According to the May 2023 report of the DHHS, statewide sales for the month of cases, batteries, grinders, vaporizers, pens, and other devices used for medical cannabis totaled 178,219.60.

The Effects of Cannabis Legalization on Crime Rates in Washington County

Medical cannabis was legalized in Washington County in 2018.

On the FBI’s Crime Explorer page, data sent by the Washington County Sheriff's Office shows that in 2017, a year before the legalization of medical cannabis, there were 99 arrests for marijuana offenses, comprised of 97 arrests for possession and two arrests for sales.

In 2019, a year after the legalization of medical cannabis, there were 107 arrests for marijuana offenses, all for possession.

The latest data available, which is from 2021, shows 210 arrests for marijuana offenses, comprised of 201 arrests for possession and nine arrests for sales.

In those years, the number of DUI arrests was as follows:

• 2017: 37 arrests
• 2019: 34 arrests
• 2020/1: 31 arrests