Utah is a limited license state and has a licensing cap within its medical cannabis framework. The department is only allowed to issue 15 medical cannabis pharmacy licenses.

Utah distributes medical cannabis licenses through a merit system.

Utah’s medical use framework disqualifies applicants for cannabis licensure on the basis of certain convictions. The department may not issue a license to operate a medical cannabis pharmacy to an applicant if the individual has been convicted of a felony or a misdemeanor for drug distribution after December 3, 2018. While there are no carve outs in the medical use law protecting individuals with certain cannabis convictions, Utah Case law specifies that an expunged conviction may not be accessed by the Department of Professional Licensing for licensing purposes. Therefore with this in mind, under the letter of the law,  applicants with expunged cannabis convictions likely should be able to obtain medical cannabis licensure.

Utah’s medical cannabis sector has restrictions disqualifying potential employees with certain convictions. An individual with a felony conviction is disqualified from working at a medical cannabis production establishment. Additionally, an individual with a misdemeanor conviction for drug distribution after December 3, 2018, is disqualified from employment.

While there are no carve outs in the medical use law protecting individuals with certain cannabis convictions, Utah’s Expungement Act provides that a person receiving an expungement may respond to any inquiry as though the conviction did not occur.  Therefore, applicants with expunged cannabis convictions likely should be able to obtain employment at a medical cannabis production establishment

Utah offers record cleaning remedies for certain cannabis convictions. The expungement process is usually automatic for misdemeanors, while felonies require the individual to request the expungement. Misdemeanor convictions for possession of a controlled substance are eligible for automatic expungement seven years after the date of conviction for qualifying individuals in qualifying circumstances. Qualified individuals with a felony drug possession conviction may petition the court for an expungement five years after the completion of their sentence. There is a seven year waiting period for most other eligible felony convictions. Utah’s Expungement Act provides that a person receiving an expungement “may respond to any inquiry as though the . . . conviction did not occur. Utah Case law specifies that an expunged conviction may not be accessed by the Department of Professional Licensing for licensing purposes.