(1) Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, it is unlawful for a medical cannabis cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis device, or any cannabis residue remaining in or from a medical cannabis device.
(2)
(a) Except as provided in Subsection (2)(b), a medical cannabis cardholder who violates Subsection (1) is:
(i) guilty of a class B misdemeanor; and
(ii) subject to a $1,000 fine.
(b) An individual is not guilty under Subsection (2)(a) if the individual:
(i)
(A) is a designated caregiver; and
(B) gives the product described in Subsection (1) to the medical cannabis cardholder who designated the individual as a designated caregiver; or
(ii)
(A) is a medical cannabis guardian cardholder; and
(B) gives the product described in Subsection (1) to the relevant provisional patient cardholder.
(c) An individual who is guilty of a violation described in Subsection (2)(a) is not guilty of a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the conduct underlying the violation described in Subsection (2)(a).