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Marijuana Considerations & Laws In Utah

Medical Marijuana Law:

Recreational Marijuana Law:

No Broad Laws Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.


Read more employment specific information on:

Employer Concerns

  • State employees may not be disciplined or discriminated against on the basis of their status as a registered medical marijuana patient or their use that is in compliance with the law. 
  • Per the yet to be operational Utah Medical Cannabis Act, public employers (no mention of private employers) are directed to treat employee’s use of medical cannabis in the same way they would treat employee use of opioids and opiates. 
  • Nothing in the law requires an employer, third party administrator or insurer to reimburse or pay for medical marijuana or devices for use. 
  • Utah has a voluntary drug testing law that, although not required, participating employers enjoy limited legal protections. 
  • There are unemployment and workers’ compensation laws with drug testing requirements which are not mandatory unless an employer wishes greater latitude in denying claims.

Testing

  • Utah has a voluntary drug testing law that, although not required, participating employers enjoy limited legal protections. 
  • It is unlawful to assist or attempt to defraud a drug test.

Hiring/Termination

  • See Significant above.

Discipline

  • State employees may not be disciplined or discriminated against on the basis of their status as a registered medical marijuana patient or their use that is in compliance with the law.

Use/Possession

  • When it becomes accessible: 
    • Smoking is prohibited. 
    • Cannot use in public unless it is a medical emergency. 
    • Cannot use when driving a vehicle.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • In order to legally consume FDA-approved CBD, the patient must acquire a card from the Utah Department of Health. 
  • Any measurable amount of marijuana or marijuana metabolites will make the driver guilty of DUI with an exception for FDA-approved CBD. 
  • Utah has a Fraudulent Drug Testing Amendment making it unlawful to assist or attempt to defraud a drug test.   
  • It will be rebuttably presumed that the cause of an employee’s injury is drug use - and thereby not compensable - if through a drug test it is found that the employee has any amount in his system that was not prescribed under a valid prescription. 
  • Utah has a voluntary drug testing law that, although not required, participating employers enjoy limited legal protections. 
  • There are unemployment and workers’ compensation laws with drug testing requirements which are not mandatory unless an employer wishes greater latitude in denying claims.

Miscellaneous


Sources (e.g. Bill Number, Authority)

  • Utah Code Ann. 26-61a – Medical marijuana law
  • Utah Code Ann. 34-38-1 to 15 – Drug testing related
  • Utah Code Ann. 76-10-2203 – Drug testing related
  • Utah Admin. Code R994-405-208 – Unemployment related
  • Utah Code Ann. 34A-2-302 – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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