It is legal to cultivate cannabis in Weber County but only if it is for medical use as stipulated by House Bill 3001, the Utah Medical Cannabis Act, which was passed in 2018. The law authorized the Utah Department of Agriculture and Food and the Utah Division of Purchasing to grant a maximum of eight medical cannabis cultivation licenses statewide.
According to Utah’s Cannabis Cultivation Rule R68-27, licensed medical cannabis cultivation is allowed both indoors and outdoors. Purely indoor cultivation has a limit of 100,00 square feet while purely outdoor cultivation has a limit of four acres. If a licensed medical cannabis cultivator uses a combination of indoor and outdoor cultivation, the total must not exceed 50,000 square feet indoors and two acres outdoors. Licensed medical cannabis cultivators may apply annually to increase their current cultivation limits by 20%.
Section 4-41a-501 of the Medical Cannabis Act requires a licensed medical cannabis cultivation facility to establish an inventory control system wherein a unique identifier is assigned to the following:
Every cannabis plant with a root ball and has reached a minimum height of eight inches;
Every harvest of cannabis plants;
Every batch of cannabis that is transferred out of the licensed medical cannabis cultivation facility to a licensed medical cannabis processing facility, a licensed medical cannabis pharmacy, or a licensed medical cannabis testing facility; and
Every disposal of cannabis that has been contaminated or has deteriorated, including cannabis excess and waste.
As of the end of 2022, the limit of eight medical cannabis cultivation licenses has been reached in Utah, with two licensees located in Weber County. The combined growth of licensed medical cannabis cultivators statewide covered 279,634 square feet indoors and 4.92 acres outdoors.
No other licenses will be granted unless any of the following conditions occur:
All licensed medical cannabis cultivators reach their growing limit of 100,000 square feet.
The Utah Department of Health and Human Services (DHHS) sees a need for more medical cannabis supply for patients.
A current license is forfeited.
In Weber County, however, Sec 108-7-34 of the County Code states that only indoor cultivation is allowed. According to the Weber County Code, licensed medical cannabis cultivation facilities are allowed only in the A-2 and A-3 agricultural zones.
The licensed medical cannabis cultivation facility must have a minimum of 20 acres in area and a setback of at least 100 feet from any of its boundaries. It must also have access to a street. If, after the establishment of the licensed cultivation facility, a residence is built within 500 feet of its perimeter, the cannabis facility is required to construct either an eight-foot wall of masonry or a six-foot land berm to hide it from the view of others. The facility must implement measures so that it does not emit any odor from cannabis or any other foul odor.
It is legal to manufacture cannabis in Weber County but Utah’s Medical Cannabis Act restricts this to the processing of cannabis for medical use. In accordance with Utah’s Cannabis Cultivation Rule R68-28, the Department of Agriculture and Food grants two tiers of medical cannabis processing licenses. Tier 1 authorizes the processing, formulation, packaging, and labeling of medical cannabis products. Tier 2 authorizes only the packaging and labeling of products.
As of the end of 2022, there were 13 Tier 1 and two Tier 2 medical cannabis processing licensees, and two other Tier 1 applicants going pending local regulatory compliance and final inspections. One licensed medical cannabis processing facility is in Weber County.
The application for a medical cannabis processing license with Utah’s Cannabis Production Establishment Licensing Advisory Board entails a non-refundable application fee amounting to $1,250.00 and a surety performance bond of $50,000. The Tier 1 license costs $100,000.00 while the Tier 2 license costs $35,000.00, both yearly. Applicants must undergo a background check and abide by local regulations.
Weber County Code Sec 108-7-34 mandates that licensed medical cannabis processing facilities are allowed only in an A-3 agricultural zone and in M-1 and M-2 manufacturing zones. The licensed medical cannabis processing facility must be at least 20 acres in size and have a minimum of 100 feet setback from any of its limits. It must also have street access. If a dwelling is erected within 500 feet of the licensed production facility after it is established, the cannabis business is required to build either an eight-foot concrete wall or a six-foot land berm to screen it from the view of others. The facility must take efforts to ensure that it does not release any cannabis odors or other noxious smells.
Statewide, all manufactured medical cannabis products are required to comply with the Utah Code Section 4-41a-602 on Labeling and Child Resistant Packaging and Utah’s Cannabis Cultivation Rule R68-28-12 on Labeling of Cannabis and Cannabis Products. The packaging of medical cannabis products must be childproof and tamper-proof.
The label must:
State that the product contains cannabis
Clearly indicate the amount of tetrahydrocannabinol (THC) and cannabidiol contained in the product
List, in order of strength, all active ingredients and possible allergens
Show the product’s unique identification number
Indicate the cannabinoid extraction process used for the product
Indicate the manufacturing process used for the cannabis product
Include the specific wording and symbol required by the state as warnings
Not show any word, phrase, or image that could be attractive to children
It is legal to sell cannabis by retail in Weber County but according to Utah’s Medical Cannabis Act, this is limited to the sale of medical cannabis by licensed medical cannabis pharmacies to patients or caregivers who hold a medical cannabis card. Minors are not allowed to enter the medical cannabis pharmacy, hence, minors who are qualified patients need a registered caregiver to purchase their medical cannabis.
Medical cannabis cardholding patients and caregivers are allowed to purchase from licensed medical cannabis pharmacies unprocessed cannabis flowers, cannabis concentrated oil, wax, resin, liquid suspension, aerosol, capsules, tablets, gelatinous cubes, and transdermal preparations. In addition, licensed medical cannabis pharmacies are allowed to sell devices for use with medical cannabis and educational materials related to medical cannabis. Cannabis for smoking and edible cannabis products are prohibited.
The licensed medical cannabis pharmacy must first check the medical cannabis card of the holder plus a valid photo ID card against the cardholder’s record on the state’s online Electronic Verification System (EVS). The online record will show the amount of medical cannabis recommended by the qualified medical provider for the patient and the patient’s purchases by date.
For every 30 days, a medical cannabis cardholder is only allowed to purchase a 30-day treatment supply of medical cannabis based on the dosage indicated by the medical provider on the EVS, but cannot exceed the following, combined:
113 grams of unprocessed cannabis
Medical cannabis products containing a total of 20 grams of THC
The licensed medical cannabis pharmacy must decline to sell any medical cannabis that will cause the medical cannabis cardholder to exceed the set limits.
Every licensed medical cannabis pharmacy is required to employ on-site a Pharmacy Medical Provider (PMP) registered with the DHHS to provide consultation services to medical cannabis cardholders. If the qualified medical provider did not recommend a specific medical cannabis dosage in the EVS, it is up to the PMP to determine this after consulting with the patient. The MPM is responsible for ensuring that all purchases are correctly completed.
Section 305 of the Medical Cannabis Act limits the number of medical cannabis pharmacy licenses to be granted statewide to 15. By the end of 2022, the DHHS had already granted all 15 licenses. One of the licensed medical cannabis pharmacies is located in Weber County.
Statewide, Section 26-61a-507 of the Medical Cannabis Act requires that any licensed medical cannabis pharmacies must be 600 feet or more from a residential zone or the boundary of a community location, and 200 feet or more from the entrance to the community location. This requirement may, however, be waived upon the written recommendation of a county or municipality.
It is legal to deliver cannabis in Weber County but Utah’s Medical Cannabis Act limits this to the delivery of medical cannabis purchased from licensed medical cannabis pharmacies to medical cannabis cardholders. According to Section 305 of the Act, all counties and municipalities must allow the delivery of medical cannabis to qualified cardholding patients.
Licensed medical cannabis pharmacies are authorized to deliver purchases through their employees. They may also deliver purchased cannabis through DHHS-licensed medical cannabis courier companies. Employees of licensed medical cannabis courier companies who will do the delivery must first be licensed by the DHHS, as well.
Applicants for a medical cannabis card in Weber County must first create a Utah ID account online at id.utah.gov. The applicant must then create a profile in the EVS using the Patient Application Guide. The applicant’s profile will show that it is awaiting certification.
The applicant must be examined in person by a qualified medical provider (QMP) registered with the DHHS. The QMP will enter into the EVS a certification and medical cannabis dosage recommendation if the patient is diagnosed to have any of the following qualifying medical conditions for medical cannabis treatment:
HIV or AIDS
Amyotrophic lateral sclerosis
Persistent nausea unrelated to pregnancy, cannabinoid hyperemesis syndrome, or cannabis-induced cyclical vomiting syndrome
Persistent and debilitating muscle spasms
Post-traumatic stress disorder
Persistent pain longer than two weeks despite other treatments
Acute pain of an acute condition expected to last two weeks or more
Conditions resulting in hospice care
Rare conditions affecting less than 200,000 U.S. residents that are not adequately managed by other treatments
Terminal illness with less than six months of life expectancy
The patient must log into the EVS and pay the $15 fee online. The application review by the DHHS will take a maximum of 15 days for adult patients with a qualifying medical condition. The DHHS will send the electronic medical cannabis card by email and the patient can print a physical copy.
For patients below the age of 18, the legal guardian must do the online application and accompany the minor to the QMP for the in-person examination. For minors found to have a qualifying medical condition, the QMP uploads the medical certification and medical records to the Compassionate Use Board (CUB) Petition online.
The guardian must log into the EVS to pay the $68.25 fee for the provisional patient card and guardian card. If a second guardian is registered, there is a $15 fee for the secondary guardian card. Once the fees are paid, the DHHS will initiate a background check on the guardians.
The application review by the CUB and the background check by the DHHS will take a maximum of 90 days. The DHHS will email the electronic medical cannabis cards, which the guardian can print out.
For both adult and minor patients whose medical conditions are not included in the qualifying list for medical cannabis treatment, the QMP could submit a CUB Petition, as well. This must include documented evidence of the medical treatments that were ineffective for the CUB to be able to determine if medical cannabis treatment will benefit the patient over its risks.
Visitors who are medical cannabis cardholders in their home state can apply for a temporary non-resident medical cannabis card if their medical condition is among the listed qualifying conditions in Utah. The card is valid for 21 days and may be renewed for another 21 days within the year. The application process is the same as that for adult Utah residents, except a QMP examination is no longer required. The fee is $15 for each application and renewal.
Queries may be addressed to the following:
Utah Department of Health and Human Services
195 N 1950 W, Salt Lake City, UT 84116
_Email: email@example.com _
The growth in the number of medical cannabis cardholders in Utah exceeded the expectations of University of Utah researchers, as reported by the DHHS. While the projection was for 11,000 to 16,000 patients to enroll in the first year of the state’s medical cannabis program, active medical cannabis cardholders statewide already reached 13,681 in October 2020, a mere eight months from the program launch. The number of QMPs also exceeded the 500 projection. In Weber County, there were 1,319 active medical cannabis cardholders and 33 QMPs in that period.
The high sales of medical cannabis reflected the high number of cardholders, reaching nearly $14.5 million from March 2 to October 31, 2020 alone. This was for sales of medical cannabis and medical cannabis products only, excluding medical devices and educational materials. However, under Utah’s Medical Cannabis Act, medical cannabis and medical cannabis products are exempted from sales tax. There is, therefore, no tax revenue earned.
State income from medical cannabis would come from license fees that come from the various cannabis businesses, such as cultivators, processors, testing laboratories, pharmacies, and couriers. These businesses would also be paying the usual business taxes both locally and to the state.
While medical cannabis was legalized in 2018, according to the DHHS report, medical cannabis from a licensed pharmacy was first available for sale on March 2, 2020. According to data from the Weber County Sheriff’s Office on the FBI’s Crime Data Explorer page, in 2017 there were 41 arrests for marijuana possession and two arrests for marijuana manufacturing or sales. In 2021, this decreased to 19 arrests for marijuana possession. There were two arrests for marijuana manufacturing or sales.
There were 55 DUI arrests in 2017. This decreased to 49 in 2021.