Consideration of cannabis during proceedings -- Drug testing.
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(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 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 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.