Utah Cannabis History
In 2014, House Bill 105 was signed into law, legalizing possession and use of low-THC CBD oil by qualifying patients with severe epilepsy. 2015’s Senate Bill 259 sought to expand the list of qualifying conditions, but the bill was defeated. Senate Concurrent Resolution 11 eventually passed in 2016, expanding the list and urging that marijuana be reclassified as a Schedule II drug instead of Schedule I.
In 2018, HB 195 was passed, legalizing the "right to try" and grow medical marijuana plants for terminally ill patients. Later in 2018, the Utah Medical Cannabis Act was signed into law, requiring the state to open dispensaries by January, 2021.
Utah Child-Resistant Packaging Rules
Utah’s child-resistant medical marijuana packaging and labeling requirements are outlined in Utah 4-41a-602 and include the following:
4-41a-602 Cannabis product -- Labeling and child-resistant packaging.
- (1) For any cannabis product that a cannabis processing facility processes or produces and for any raw cannabis that the facility packages, the facility shall:
- (a) label the cannabis or cannabis product with a label that:
- (i) clearly and unambiguously states that the cannabis product or package contains cannabis;
- (ii) clearly displays the amount of total composite tetrahydrocannabinol and cannabidiol in the labeled container;
- (iii) has a unique identification number that:
- (A) is connected to the inventory control system; and
- (B) identifies the unique cannabis product manufacturing process the cannabis processing facility used to manufacture the cannabis product;
- (iv) identifies the cannabinoid extraction process that the cannabis processing facility used to create the cannabis product;
- (v) does not display an image, word, or phrase that the facility knows or should know appeals to
- children; and
- (vi) discloses each active or potentially active ingredient, in order of prominence, and possible allergen; and
- (b) package the raw cannabis or cannabis product in a medicinal dosage form in a container that:
- (i) is tamper evident and tamper resistant;
- (ii) does not appeal to children;
- (iii) does not mimic a candy container;
- (iv) is opaque;
- (v) complies with child-resistant effectiveness standards that the United States Consumer Product Safety Commission establishes; and
- (vi) includes a warning label that states: "WARNING: Cannabis has intoxicating effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a qualified medical provider."
- (2) For any cannabis or cannabis product that the cannabis processing facility processes into a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape, the facility shall:
- (a) ensure that the label described in Subsection (1)(a) does not contain a photograph or other image of the content of the container; and
- (b) include on the label described in Subsection (1)(a) a warning about the risks of over- consumption.
- (3) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act to establish:
- (a) a standard labeling format that:
- (i) complies with the requirements of this section; and
- (ii) ensures inclusion of a pharmacy label; and
- (b) additional requirements on packaging for cannabis and cannabis products to ensure safety and product quality.
Useful Links for Utah Cannabis RegulationsUtah Medical Cannabis Program
Utah Medical Cannabis Program FAQ
Utah Laws and Penalties
Utah Industrial Hemp Program
Utah’s Cannabis Cultivation Rule R68-27
Utah Cannabis Growers Application
Editor's Note: Status as of 4/9/2021
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