This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 22, 2017 at 3:27 PM by lucydaynes.
Senator Evan J. Vickers proposes the following substitute bill:


1     
CANNABINOID RESEARCH

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad M. Daw

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to research of cannabis and cannabinoid products.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows a person to possess cannabis, a cannabinoid product, and an expanded
13     cannabinoid product and to distribute the cannabis, a cannabinoid product, or an
14     expanded cannabinoid product to a patient pursuant to an institutional review
15     board-approved study;
16          ▸     allows a person conducting an institutional review board-approved study to import
17     and distribute cannabis, a cannabinoid product, and an expanded cannabinoid
18     product under certain circumstances; and
19          ▸     creates the Cannabinoid Product Board within the Department of Health.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     ENACTS:

26          26-59-101, Utah Code Annotated 1953
27          26-59-102, Utah Code Annotated 1953
28          26-59-103, Utah Code Annotated 1953
29          26-59-201, Utah Code Annotated 1953
30          26-59-202, Utah Code Annotated 1953
31          58-37-3.6, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 26-59-101 is enacted to read:
35     
CHAPTER 59. CANNABINOID RESEARCH ACT

36          26-59-101. Title.
37          This chapter is known as "Cannabinoid Research Act."
38          Section 2. Section 26-59-102 is enacted to read:
39          26-59-102. Definitions.
40          As used in this chapter:
41          (1) "Approved study" means a medical research study:
42          (a) the purpose of which is to investigate the medical benefits and risks of cannabinoid
43     products; and
44          (b) that is approved by an IRB.
45          (2) "Board" means the Cannabinoid Product Board created in Section 26-59-201.
46          (3) "Cannabinoid product" means the same as that term is defined in Section 58-37-3.6.
47          (4) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
48          (5) "Expanded cannabinoid product" means the same as that term is defined in Section
49     58-37-36.
50          (6) "Institutional review board" or "IRB" means an institutional review board that is
51     registered for human subject research by the United States Department of Health and Human
52     Services.
53          Section 3. Section 26-59-103 is enacted to read:
54          26-59-103. Institutional review board -- Approved study, cannabis, cannabinoid
55     product, or expanded cannabinoid product.
56          (1) A person conducting an approved study may, for the purposes of the study:

57          (a) process a cannabinoid product or an expanded cannabinoid product;
58          (b) possess a cannabinoid product or an expanded cannabinoid product; and
59          (c) administer a cannabinoid product, or an expanded cannabinoid product to an
60     individual in accordance with the approved study.
61          (2) A person conducting an approved study may:
62          (a) import cannabis, a cannabinoid product, or an expanded cannabinoid product from
63     another state if:
64          (i) the importation complies with federal law; and
65          (ii) the person uses the cannabis, cannabinoid product, or expanded cannabinoid
66     product in accordance with the approved study; or
67          (b) obtain cannabis, a cannabinoid product, or an expanded cannabinoid product from
68     the National Institute on Drug Abuse.
69          (3) A person conducting an approved study may distribute cannabis, a cannabinoid
70     product, or an expanded cannabinoid product outside the state if:
71          (a) the distribution complies with federal law; and
72          (b) the distribution is for the purposes of, and in accordance with, the approved study.
73          Section 4. Section 26-59-201 is enacted to read:
74          26-59-201. Cannabinoid Product Board.
75          (1) There is created the Cannabinoid Product Board within the department.
76          (2) The department shall appoint, in consultation with a professional association based
77     in the state that represents physicians, seven members to the Cannabinoid Product Board as
78     follows:
79          (a) three individuals who are medical research professionals; and
80          (b) four physicians.
81          (3) The department shall appoint board members under Subsection (2) such that three
82     of the board members are members of the Controlled Substances Advisory Committee created
83     in Section 58-38a-201.
84          (4) (a) Four of the board members appointed under Subsection (2) shall serve an initial
85     term of two years and three of the board members appointed under Subsection (2) shall serve
86     an initial term of four years.
87          (b) Successor board members shall each serve a term of four years.

88          (5) The department may remove a board member without cause.
89          (6) The board shall nominate a board member to serve as chairperson of the board by a
90     majority vote of the board members.
91          (7) The board shall meet as often as necessary to accomplish the duties assigned to the
92     board under this chapter.
93          (8) Each board member, including the chair, has one vote.
94          (9) (a) A majority of board members constitutes a quorum.
95          (b) A vote of a majority of the quorum at any board meeting is necessary to take action
96     on behalf of the board.
97          (10) A board member may not receive compensation for the member's service on the
98     board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
99     Chapter 3, Utah Administrative Rulemaking Act, receive:
100          (a) per diem at the rate established under Section 63A-3-106; and
101          (b) travel expenses at the rate established under Section 63A-3-107.
102          Section 5. Section 26-59-202 is enacted to read:
103          26-59-202. Cannabinoid Product Board -- Duties.
104     Ŝ→ (1)     The board shall review any available research related to the human use of a
104a     cannabinoid product that:
104b          (a)     was conducted under a study approved by an IRB; or
104c          (b)     was conducted or approved by the federal government. ←Ŝ     
104d      Ŝ→ [
(1)] (2) ←Ŝ Ŝ→ [The] Based on the research described in Subsection (1), the ←Ŝ board
104e     shall evaluate the safety and efficacy of cannabinoid products, including:
105          (a) medical conditions that respond to cannabinoid products;
106          (b) cannabinoid dosage amounts and medical dosage forms; and
107          (c) interaction of cannabinoid products with other treatments.
108          Ŝ→ [
(2)] (3) ←Ŝ Based on the board's evaluation under Subsection Ŝ→ [(1)] (2) ←Ŝ , the
108a     board shall develop
109     guidelines for a physician recommending treatment with a cannabinoid product that includes a
110     list of medical conditions, if any, that the board determines are appropriate for treatment with Ŝ→ a
110a      ←Ŝ
111     cannabinoid Ŝ→ [
medicine] product ←Ŝ .
112          Ŝ→ [
(3)] (4) ←Ŝ The board shall submit the guidelines described in Subsection Ŝ→ [(2)] (3)
112a      ←Ŝ to:
113          (a) the director of the Division of Occupational and Professional Licensing; and
114          (b) the Health and Human Services Interim Committee.
115          Ŝ→ [
(4)] (5) ←Ŝ The board shall report the board's findings before November 1 of each year
115a     to the
116     Health and Human Services Interim Committee.
117          Section 6. Section 58-37-3.6 is enacted to read:
118          58-37-3.6. Exemption for possession or distribution of a cannabinoid product

119     pursuant to an approved study.
120          (1) As used in this section:
121          (a) "Cannabinoid product" means a product intended for human ingestion that:
122          (i) contains an extract or concentrate that is obtained from cannabis;
123          (ii) is prepared in a medicinal dosage form; and
124          (iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
125          (b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
126          (c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
127          (d) "Expanded cannabinoid product" means a product intended for human ingestion
128     that:
129          (i) contains an extract or concentrate that is obtained from cannabis;
130          (ii) is prepared in a medicinal dosage form; and
131          (iii) contains less than 10 units of cannabidiol for every one unit of
132     tetrahydrocannabinol.
133          (e) "Medicinal dosage form" means:
134          (i) a tablet;
135          (ii) a capsule;
136          (iii) a concentrated oil;
137          (iv) a liquid suspension;
138          (v) a transdermal preparation; or
139          (vi) a sublingual preparation.
140          (f) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the
141     description in Subsection 58-37-4(2)(a)(iii)(AA).
142          (2) Notwithstanding any other provision of this chapter, an individual who possesses or
143     distributes a cannabinoid product or an expanded cannabinoid product is not subject to the
144     penalties described in this title for the possession or distribution of marijuana or
145     tetrahydrocannabinol to the extent that the individual's possession or distribution of the
146     cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 59,
147     Cannabinoid Research Act.
148          Section 7. Effective date.
149          If approved by two-thirds of all the members elected to each house, this bill takes effect

150     upon approval by the governor, or the day following the constitutional time limit of Utah
151     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
152     the date of veto override.