Utah - Considerations for Marijuana in the Workplace

Last Update on June 23, 2023

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

(Utah SB 121) “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.”
Private employees are subject to their employers’ policies, which may include zero-tolerance for cannabis and/or drug testing.
Unless it would jeopardize federal funding, a federal security clearance, or any other federal background determination required for an employee’s position, or if the employee’s position is dependent on a license that is subject to federal regulations, (Utah SB 121), “…no state or political subdivision employee may be subject to adverse action … for failing a drug test due to marijuana or THC without evidence that the employee was impaired or otherwise adversely affected in the employee’s job performance due to the use of medical cannabis.”
- Per Utah SB 40 (2022) In addition to that stated above, “… the state or any political subdivision shall treat an employee’s use of medical cannabis … in the same way the state or political subdivision treats employee use of any prescribed controlled substance. Also, per this bill “adverse action” has been changed to “retaliatory action” (see previous bullet above).
Nothing in the law requires an employer, third party administrator or insurer to reimburse or pay for medical marijuana or devices for use.
Utah has a voluntary drug testing law that, although not required, participating employers enjoy limited legal protections.
There are unemployment and workers’ compensation laws with drug testing requirements which are not mandatory unless an employer wishes greater latitude in denying claims.
As a result of Utah SB 109 (2022), “Any marketing for a cannabinoid product shall include a notice to consumers that the product is hemp or CBD and is not cannabis or medical cannabis…” This should help enable employees to avoid testing positive for an inadequately labeled CBD product.

Testing

Utah has a voluntary drug testing law that, although not required, participating employers enjoy limited legal protections.
It is unlawful to assist or attempt to defraud a drug test.

Hiring/Termination

See Significant above.

Discipline

State employees may not be disciplined or discriminated against on the basis of their status as a registered medical marijuana patient or their use that is in compliance with the law.

Use/Possession

Smoking is prohibited.
Acute pain for which a physician may prescribe an opioid product, has been added to the list of qualifying medical conditions for medical marijuana.
Cannot use in public unless it is a medical emergency.
Cannot use when driving a vehicle.
As of January 2021, individuals can no longer legally purchase cannabis outside of Utah borders.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)

In order to legally consume FDA-approved CBD, the patient must acquire a card from the Utah Department of Health.
Any measurable amount of marijuana or marijuana metabolites will make the driver guilty of DUI with an exception for FDA-approved CBD.
Utah has a Fraudulent Drug Testing Amendment making it unlawful to assist or attempt to defraud a drug test.
It will be rebuttably presumed that the cause of an employee’s injury is drug use – and thereby not compensable – if through a drug test it is found that the employee has any amount in his system that was not prescribed under a valid prescription.
Utah has a voluntary drug testing law that, although not required, participating employers enjoy limited legal protections.
There are unemployment and workers’ compensation laws with drug testing requirements which are not mandatory unless an employer wishes greater latitude in denying claims.
Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

Utah Code Ann. 26-61a – Medical marijuana law
Utah SB 121 – Medical marijuana accommodation
Utah SBs 385, 46, 190, 195 – Amendments to medical marijuana laws
Utah Code Ann. 34-38-1 to 15 – Drug testing related
Utah Code Ann. 76-10-2203 – Drug testing related
Utah Admin. Code R994-405-208 – Unemployment related
Utah Code Ann. 34A-2-302 – Workers’ compensation related

Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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Drug Testing Laws for Utah

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Utah - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in Utah

Drug Testing Laws for Utah

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

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Utah - Considerations for Marijuana in the Workplace

MedicalMarijuana Law:

RecreationalMarijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in Utah

Drug Testing Laws for Utah

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

Navigation

Medical
Marijuana Law:

Recreational
Marijuana Law: