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Utah Senate approves floor changes to medical cannabis program, narrows advertising and adds access limits

February 22, 2022 | 2022 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Utah Senate approves floor changes to medical cannabis program, narrows advertising and adds access limits
Sen. Vickers moved and the Utah Senate on Feb. 22 passed a package of amendments to the state’s medical cannabis laws, adopting two companion measures that sponsors said tighten program safeguards and clarify advertising and access rules.

Supporters said the primary bill, first substitute Senate Bill 190, moves products previously sold over the counter into the state medical cannabis program for testing and oversight, clarifies that licenses are nontransferable, prohibits certain out-of-state hemp waste from being used in medical cannabis products, and restricts some public-employee use. Sen. Vickers told colleagues that “the federal law does FDA does not allow THC or CBD to put in put any kind of a food product,” and offered a floor amendment to sunset existing drinkable cannabis products so firms can work through inventories; the amendment passed.

Vickers also offered a separate amendment to require marketing for cannabis products to include a clear statement that the item is not recreational cannabis, a change sponsors likened to tobacco warnings; that amendment also passed. During floor debate Vickers said the changes would bring potentially risky analogs such as Delta‑8 into the Medical Cannabis Act rather than leaving them under the hemp program, add allowable dosage forms (including aerosols), and allow the Department of Agriculture to partner with research institutions to provide testing support.

Sen. Kitchen asked whether the sunset would simply remove drinkable products at year end; Vickers confirmed the amendment lets existing inventories be sold through but ends availability after Dec. 1, 2022. Vickers also said the bill makes clear that an ownership change above 50% triggers a new inspection and licensing review and that some safety provisions for law enforcement and firefighters are in place (firefighters may hold medical cards but cannot have consumed product within 12 hours of a shift).

On a roll call the Senate recorded 20 yay votes and 5 nay votes with 4 absent on SB 190; the measure was sent to the House for consideration. A companion measure, first substitute Senate Bill 195, which focuses on Department of Health provisions and advertising, was amended on the floor to remove all school-related language, require an initial one-on-one patient evaluation before a provider can make a medical cannabis recommendation, and to standardize advertising rules for pharmacies and providers. SB 195 passed the Senate 21-5 with 3 absent.

Both sponsors described the package as technical and safety-focused rather than a change in underlying program eligibility. The bills now move to the House for its consideration.

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