A man who says he’s a qualifying medical cannabis patient is facing charges in what may be the first such prosecution in Utah.
Sean Moss, 34, could be charged with misdemeanors of driving with a controlled substance in his body, possession of a controlled substance, possession of drug paraphernalia and failure to stay in a lane, according to FOX 13.
He says he has epilepsy and plans to use an affirmative defense in Salt Lake City Justice Court on Monday, which is allowed under both Proposition 2 and the law passed by the Utah Legislature that replaces it.
Salt Lake County District Attorney Sim Gill says that when the accident occurred in 2017, a person could legally have CBD but not anything with an active THC content in his or her bloodstream.
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