Section 58-37-3.6 - Exemption for possession or distribution of a cannabinoid product, expanded cannabinoid product, or transportable industrial hemp concentrate(1) As used in this section: (a) "Cannabinoid product" means a product intended for human ingestion that:(i) contains an extract or concentrate that is obtained from cannabis;(ii) is prepared in a medicinal dosage form; and(iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.(b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.(c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.(d) "Expanded cannabinoid product" means a product intended for human ingestion that:(i) contains an extract or concentrate that is obtained from cannabis;(ii) is prepared in a medicinal dosage form; and(iii) contains less than 10 units of cannabidiol for every one unit of tetrahydrocannabinol.(e) "Hemp cannabinoid product" means a product that:(i) contains or is represented to contain one or more naturally occurring cannabinoids;(ii) contains less than the cannabinoid product THC level, by dry weight;(iii) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;(iv) does not exceed a total of THC and any THC analog that is greater than five milligrams per serving and 150 milligrams per package; and(v) unless the product is in an oil based suspension, has a serving size that is an integer.(f) "Transportable industrial hemp concentrate" means any amount of a natural cannabinoid in a purified state that:(i) is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass;(ii) is derived from a cannabis plant that, based on sampling that was collected no more than 30 days before the day on which the cannabis plant was harvested, contains a combined concentration of total THC and any THC analog of less than 0.3% on a dry weight basis; and(iii) has a THC and THC analog concentration total less than 20% when concentrated from the cannabis plant to the purified state.(g) "Medicinal dosage form" means:(iii) a concentrated oil;(iv) a liquid suspension;(v) a transdermal preparation; or(vi) a sublingual preparation.(h) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the description in Subsection 58-37-4(2)(a)(iii)(AA).(2) Notwithstanding any other provision of this chapter an individual who possesses or distributes a cannabinoid product or an expanded cannabinoid product is not subject to the penalties described in this title for the possession or distribution of marijuana or tetrahydrocannabinol to the extent that the individual's possession or distribution of the cannabinoid product or expanded cannabinoid product complies with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.(3) Notwithstanding any other provision of this chapter, a person who possesses and distributes transportable industrial hemp concentrate is not subject to the penalties described in this chapter for the possession or distribution of transportable industrial hemp concentrate if the transportable industrial hemp concentrate is handled in accordance with the rules established under Subsection 4-41-103.1(1)(e) or is destroyed.Amended by Chapter 35, 2024 General Session ,§ 10, eff. 3/12/2024.Amended by Chapter 329, 2023 General Session ,§ 12, eff. 5/3/2023.Amended by Chapter 1, 2018SP3 General Session ,§ 116, eff. 12/3/2018.Amended by Chapter 452, 2018 General Session ,§ 30, eff. 7/1/2019, or the day on which the Department of Agriculture and Food receives a federal waiver as described in Section 4-41-204, whichever comes first.Amended by Chapter 446, 2018 General Session ,§ 18, eff. 5/8/2018.Amended by Chapter 333, 2018 General Session ,§ 1, eff. 5/8/2018.Added by Chapter 398, 2017 General Session ,§ 6, eff. 3/25/2017.