Summary of New Laws from the 2022 Legislative Session
The Utah Legislature wrapped up the 2022 general session last Friday. Here is a summary of the relevant bills that were passed and await the governor’s signature.
CANNABIS
HB0385 – Hemp and CBD Amendments (Dailey-Provost/Vickers)
This bill makes it unlawful for a person to distribute, sell, or market a product that exceeds a concentration of THC less than 0.3%. It also makes unlawful transporting this material outside the state; and producing, selling, or using a cannabinoid product that is added to a conventional food or beverage, enticing to children, or smokable flower. In addition, it repeals the involvement of the Utah Department of Agriculture and Food in the regulation of hemp cultivation.
HB0442 – Marijuana Definitions Amendments (Gwynn/Vickers)
This bill modifies the definition of "marijuana" to include all species of the genus cannabis and all parts of the genus, whether growing or not, including any synthetic equivalents of the substances contained in the plant cannabis sativa; or any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols.
SB0040 – Utah Protections of Public Employees Act (Thatcher/Nelson)
This bill amends the Utah Protections of Public Employees Act so that any public employee of the state cannot be discriminated against or retaliated against for having a valid Utah-issued medical cannabis card and should treat an employee using medical cannabis the same way the state treats employee use of any prescribed controlled substance. Unfortunately, this bill does not apply to private employers.
SB0046 – Medical Cannabis Patient Protections Amendment (Thatcher/Ferry)
Like SB0040, this bill amends the Medical Patient Protections Act so that government employees will be protected from being discriminated against for holding a medical cannabis card and states it should be treated like any other prescription. Like SB0040, this bill only applies to public employees, not private.
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SB0153 – Medical Cannabis Governance Study (Davis/Ferry)
This bill requires the Health and Human Services Interim Committee to create a subcommittee to study and recommend a single state entity to oversee all medical cannabis regulations. In addition, it requires the Department of Agriculture and Food and the Department of Health to report to the subcommittee as requested.
SB0190 – Medical Cannabis Act Amendments (Vickers/Ferry)
This bill amends provisions related to the production and distribution of medical cannabis in Utah. Notable changes include the following:
Clarifies the distinction between allowable hemp products and medical cannabis
products based on their tetrahydrocannabinol (THC) and THC analog concentration;Requires certain retailers marketing a hemp or cannabinoid product to include a statement that the product is not cannabis or medical cannabis;
Makes unlawful the act of distributing, selling, or marketing an industrial hemp product that contains a certain amount of THC or a THC analog;
Includes an aerosol as an approved medicinal dosage form;
Allows the Utah Department of Health (UDOH) to issue conditional medical cannabis caregiver cards in relation to designating patients with a terminal illness;
Allows UDOH to issue a conditional medical cannabis pharmacy license when a license renewal process is not complete before the pharmacy's license expires.
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SB195 – Medical Cannabis Access Amendments (Escamilla/Ward)
This bill amends provisions regarding patient access and medical professionals in relation to medical cannabis. It includes the following:
Requires a hospice program to provide at least one qualified medical provider;
Renames the Cannabinoid Product Board as the Cannabis Research Review Board;
Requires physician members of the board to be qualified medical providers;
Adds acute pain for which a medical professional may generally prescribe opioids as a qualifying condition for a limited supply of medical cannabis;
Requires a recommending medical provider to consider a patient's history of substance use or opioid use disorder before recommending medical cannabis;
Requires certain individuals overseeing certain higher education medical training to be qualified medical providers.
PSILOCYBIN
HB167 – Mental Illness Psychotherapy Drug Task Force (Brammer/Vickers)
This bill will create a “Mental Illness Psychotherapy Drug Task Force” to study and make recommendations on psychedelic drugs (like psilocybin) that may assist in treating mental illness.
ALCOHOL
HB0110 - Alcohol Education Amendments (Stenquist/Wilson)
This bill modifies provisions related to the use and oversight of the Drinking While Pregnant Prevention Media and Education Campaign Restricted Account. The bill moves responsibility for expending funds from the Drinking While Pregnant Prevention Media and Education Campaign Restricted Account from the Department of Health to the Division of Substance Abuse and Mental Health.
SB0014 - Consumer Alcohol Beverage Purchasing (Davis/Hawkes)
This bill amends provisions of the Alcoholic Beverage Control Act regarding consumer
purchasing. Highlighted provisions include creating the Division of Consumer Purchasing within the Department of Alcoholic Beverage Control; and moves the wine subscription program under the administration of the division.
SB176 – Alcohol Beverage Control Act Amendments (Stevenson/Waldrip)
This bill amends provisions of the Alcoholic Beverage Control Act and provisions related to the Act. Highlighted provisions include: Utah's Department of Alcoholic Beverage Control will change its name to the Utah Department of Alcoholic Beverage Services; permits various retail licensees to sell beer for off-premise consumption under certain conditions; and allow mini-bottles to be sold in state-run liquor stores under a pilot program.
SB201 – Alcoholic Beverage Control Act Enforcement Fund (Owens/Acton)
This bill amends provisions regarding money in the Alcoholic Beverage Control Act Enforcement Fund. Specifically, it requires the Division of Finance to deposit into the General Fund $3 million of unspent money in the Alcoholic Beverage Control Act Enforcement Fund.
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