Utah

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

Utah does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Social Equity Provisions

Utah  does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

Utah does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Financial Support for Social Equity Applicants and Licensees

Utah does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

License Priorities and Set Asides

  • License Priorities / Set Asides:
No

Utah does not offer state level licensing priority or set asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Licensing Provisions

License Caps

  • License Caps:
Yes

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.

Source:

Utah Code Ann. § 26-61a-305. Subsection 1(a) Maximum number of licenses — Home delivery medical cannabis pharmacies

Application Selection Process

  • Selection System:
Merit

Utah distributes medical cannabis licenses through a merit system.

Source:

Utah Code Ann. § 26-61a-305. Subsection 2(a) Maximum number of licenses — Home delivery medical cannabis pharmacies

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
No

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.

Source:

Utah Code Ann. § 26-61a-301. Subsection (4)(a)Medical cannabis pharmacy — License — Eligibility
Doe v. Dep’t of Pub. Safety, 782 P.2d 489 (Utah 1989). (Department of Public Safety could not ask about or obtain expunged convictions of applicant for employment with Department of Corrections; and expungement statute’s failure to limit rights of licensing agencies to receive information did not give Department right to expunged information). Retrieved January 11

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
No

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

Source:

Utah Code Ann. § 4-41a-401. Subsection 4. Cannabis production establishment — General operating requirements
Utah Code Ann. § 77-40-108. Subsection (2)

Availability of Expungements

  • Expungements:
Yes, Automatic for Misdemeanor Convictions

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.

Source:

Utah Code Ann. § 77-40-105. Subsection 4(c)(iii) Requirements to apply for a certificate of eligibility to expunge conviction
Utah Code Ann. § 77-40-114. Automatic expungement procedure
Utah Code Ann. § 77-40-102. Definitions. Subsection 5(a)(i)(A). Clean slate eligible case