Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 46 (2022GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends protections for medical cannabis patients, including public employees, to protect the holding of a medical cannabis card and medical cannabis recommendations; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MEDICAL CANNABIS PATIENT PROTECTION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Joel Ferry
Cosponsors:
Jacob L. Anderegg
Luz Escamilla
Michael S. Kennedy
Daniel McCay
Evan J. Vickers
LONG TITLE
General Description:
This bill amends protections for medical cannabis patients.
Highlighted Provisions:
This bill:
▸ amends protections for medical cannabis patients, including public employees, to
protect the holding of a medical cannabis card and medical cannabis
recommendations; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-61a-111
, as last amended by Laws of Utah 2021, Chapter 344
78A-2-231
, as last amended by Laws of Utah 2021, Chapters 260 and 337
80-3-110
, as last amended by Laws of Utah 2021, Chapters 38, 337 and renumbered
and amended by Laws of Utah 2021, Chapter 261 and last amended by Coordination Clause,
Laws of Utah 2021, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-61a-111
 is amended to read:
26-61a-111.
Nondiscrimination for medical care or government employment --
Notice to prospective and current public employees -- No effect on private employers.
(1) For purposes of medical care, including an organ or tissue transplant, a patient's
use, in accordance with this chapter, of cannabis in a medicinal dosage form or a cannabis
product in a medicinal dosage form:
(a) is considered the equivalent of the authorized use of any other medication used at
the discretion of a physician; and
(b) does not constitute the use of an illicit substance or otherwise disqualify an
individual from needed medical care.
(2) (a) Notwithstanding any other provision of law and except as provided in
Subsection (2)(b), the state or any political subdivision shall treat
:
(i)
 an employee's use of medical cannabis in accordance with this chapter or Section
58-37-3.7
 in the same way the state or political subdivision treats employee use of any
prescribed controlled substance[
.
]
; and
(ii) an employee's status as a medical cannabis cardholder or an employee's medical
cannabis recommendation from a qualified medical provider or limited provider in the same
way the state or political subdivision treats an employee's prescriptions for any prescribed
controlled substance.
(b) A state or political subdivision employee who has a valid medical cannabis card is
not subject to adverse action, as that term is defined in Section 
67-21-2
, for failing a drug test
due to marijuana or tetrahydrocannabinol without evidence that the employee was impaired or
otherwise adversely affected in the employee's job performance due to the use of medical
cannabis.
(c) Subsections (2)(a) and (b) do not apply where the application of Subsection (2)(a)
or (b) would jeopardize federal funding, a federal security clearance, or any other federal
background determination required for the employee's position, or if the employee's position is
dependent on a license that is subject to federal regulations.
(3) (a) (i) A state employer or a political subdivision employer shall take the action
described in Subsection (3)(a)(ii) before:
(A) giving to a current employee an assignment or duty that arises from or directly
relates to an obligation under this chapter; or
(B) hiring a prospective employee whose assignments or duties would include an
assignment or duty that arises from or directly relates to an obligation under this chapter.
(ii) The employer described in Subsection (3)(a)(i) shall give the employee or
prospective employee described in Subsection (3)(a)(i) a written notice that notifies the
employee or prospective employee:
(A) that the employee's or prospective employee's job duties may require the employee
or prospective employee to engage in conduct which is in violation of the criminal laws of the
United States; and
(B) that in accepting a job or undertaking a duty described in Subsection (3)(a)(i),
although the employee or prospective employee is entitled to the protections of Title 67,
Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
carry out an assignment or duty that may be a violation of the criminal laws of the United
States with respect to the manufacture, sale, or distribution of cannabis.
(b) The Division of Human Resource Management shall create, revise, and publish the
form of the notice described in Subsection (3)(a).
(c) Notwithstanding Subsection 
67-21-3
(3), an employee who has signed the notice
described in Subsection (3)(a) may not:
(i) claim in good faith that the employee's actions violate or potentially violate the laws
of the United States with respect to the manufacture, sale, or distribution of cannabis; or
(ii) refuse to carry out a directive that the employee reasonably believes violates the
criminal laws of the United States with respect to the manufacture, sale, or distribution of
cannabis.
(d) An employer may not take retaliatory action as defined in Section 
67-19a-101
against a current employee who refuses to sign the notice described in Subsection (3)(a).
(4) Nothing in this section requires a private employer to accommodate the use of
medical cannabis or affects the ability of a private employer to have policies restricting the use
of medical cannabis by applicants or employees.
Section 2. Section 
78A-2-231
 is amended to read:
78A-2-231.
Consideration of lawful use or possession of medical cannabis.
(1) As used in this section:
(a) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
(b) "Directions of use" means the same as that term is defined in Section 
26-61a-102
.
(c) "Dosing guidelines" means the same as that term is defined in Section 
26-61a-102
.
(d) "Medical cannabis" means the same as that term is defined in Section 
26-61a-102
.
(e) "Medical cannabis card" means the same as that term is defined in Section
26-61a-102
.
(f) "Medical cannabis device" means the same as that term is defined in Section
26-61a-102
.
(g) "Recommending medical provider" means the same as that term is defined in
Section 
26-61a-102
.
(2) In any judicial proceeding in which a judge, panel, jury, or court commissioner
makes a finding, determination, or otherwise considers an individual's 
medical cannabis card,
medical cannabis recommendation from a recommending medical provider, or
 possession or
use of medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel,
jury, or court commissioner may not consider or treat the individual's 
card, recommendation,
possession
,
 or use any differently than the lawful possession or use of any prescribed controlled
substance if:
(a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production
Establishments;
(b) the individual's possession or use complies with Subsection 
58-37-3.7
(2) or (3); or
(c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
Medical Cannabis Act; and
(ii) the individual reasonably complies with the directions of use and dosing guidelines
determined by the individual's recommending medical provider or through a consultation
described in Subsection 
26-61a-502
(4) or (5).
(3) Notwithstanding Sections 
77-18-105
 and 
77-2a-3
, for probation, release, a plea in
abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of
Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain
from the use or possession of medical cannabis, a cannabis product, or a medical cannabis
device, either directly or through a general prohibition on violating federal law, without an
exception related to medical cannabis use, if the individual's use or possession complies with:
(a) Title 26, Chapter 61a, Utah Medical Cannabis Act; or
(b) Subsection 
58-37-3.7
(2) or (3).
Section 3. Section 
80-3-110
 is amended to read:
80-3-110.
Consideration of cannabis during proceedings -- Drug testing.
(1) As used in this section:
(a) "Cannabis" means the same as that term is defined in Section 
26-61a-102
.
(b) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
(c) (i) "Chronic" means repeated or patterned.
(ii) "Chronic" does not mean an isolated incident.
(d) "Directions of use" means the same as that term is defined in Section 
26-61a-102
.
(e) "Dosing guidelines" means the same as that term is defined in Section 
26-61a-102
.
(f) "Medical cannabis" means the same as that term is defined in Section 
26-61a-102
.
(g) "Medical cannabis cardholder" means the same as that term is defined in Section
26-61a-102
.
(h) " Recommending medical provider" means the same as that term is defined in
Section 
26-61a-102
.
(2) In a proceeding under this chapter, in which the juvenile court makes a finding,
determination, or otherwise considers an individual's 
medical cannabis card, medical cannabis
recommendation from a recommending medical provider, or
 possession or use of medical
cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider
or treat the individual's 
medical cannabis card, recommendation,
 possession
,
 or use any
differently than the lawful possession or use of any prescribed controlled substance if:
(a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
Production Establishments;
(b) the individual's possession or use complies with Subsection 
58-37-3.7
(2) or (3); or
(c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
Medical Cannabis Act; and
(ii) the individual reasonably complies with the directions of use and dosing guidelines
determined by the individual's recommending medical provider or through a consultation
described in Subsection 
26-61a-502
(4) or (5).
(3) In a proceeding under this chapter, a child's parent's or guardian's use of cannabis or
a cannabis product is not abuse or neglect of the child unless there is evidence showing that:
(a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
because of cannabis being introduced to the child's body in another manner; or
(b) the child is at an unreasonable risk of harm because of chronic inhalation or
ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
(4) Unless there is harm or an unreasonable risk of harm to the child as described in
Subsection (3), in a child welfare proceeding under this chapter, a child's parent's or guardian's
use of medical cannabis or a cannabis product is not contrary to the best interests of the child
if:
(a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act, and there
is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates
from the directions of use and dosing guidelines determined by the parent's or guardian's
recommending medical provider or through a consultation described in Subsection
26-61a-502
(4) or (5); or
(b) before January 1, 2021, the parent's or guardian's possession or use complies with
Subsection 
58-37-3.7
(2) or (3).
(5) Subsection (3) does not prohibit a finding of abuse or neglect of a child, and
Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
that would separately constitute abuse or neglect of the child.
(6) If an individual, who is party to a proceeding under this chapter, is ordered by the
juvenile court to submit to drug testing, or is referred by the division or a guardian ad litem for
drug testing, the individual may not be ordered or referred for drug testing by means of a hair
or fingernail test that is administered to detect the presence of drugs.