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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to medical cannabis.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires the testing for terpene profiles for certain cannabis products;
14 ▸ requires medical cannabis pharmacies to provide terpene information for certain
15 cannabis products;
16 ▸ modifies patient caps for qualified medical providers;
17 ▸ for the initial issuance of a medical cannabis card, extends the expiration date from
18 six months to one year unless the recommending medical provider provides a
19 shorter expiration date;
20 ▸ allows the Department of Health and Human Services to revoke a medical cannabis
21 patient card if the recommending medical provider withdraws the provider's
22 recommendation for medical cannabis;
23 ▸ allows certain physician assistants to diagnose post-traumatic stress syndrome for
24 the purpose of recommending medical cannabis;
25 ▸ allows medical cannabis pharmacies to maintain a liquid cash account instead of a
26 surety bond;
27 ▸ allows the Compassionate Use Board to review the recommendation of a cannabis
28 product that must be vaporized under certain circumstances;
29 ▸ allows a recommending medical provider to provide an initial recommendation for
30 medical cannabis virtually under certain circumstances;
31 ▸ modifies continuing education requirements for qualified medical providers;
32 ▸ allows an individual residing in certain care facilities to use an expired license to
33 obtain medical cannabis;
34 ▸ consolidates certain criminal background check requirements for guardians and
35 caregivers;
36 ▸ for publicly traded medical cannabis pharmacies, changes the ownership percentage
37 an individual must have to be:
38 • listed in an application for a license; or
39 • required to submit a background check;
40 ▸ repeals provisions related to the state central patient portal medical provider;
41 ▸ removes the requirement that before an individual obtains a medical cannabis
42 pharmacy agent card that the individual be employed by a medical cannabis
43 pharmacy;
44 ▸ removes the requirement that before an individual obtains a medical cannabis
45 courier agent card that the individual be employed by a medical cannabis courier;
46 ▸ authorizes a medical cannabis pharmacy to engage in targeted marketing; and
47 ▸ makes technical changes.
48 Money Appropriated in this Bill:
49 None
50 Other Special Clauses:
51 None
52 Utah Code Sections Affected:
53 AMENDS:
54 4-41a-701, as last amended by Laws of Utah 2022, Chapter 290
55 26-61-202, as last amended by Laws of Utah 2022, Chapter 415
56 26-61a-102, as last amended by Laws of Utah 2022, Chapters 290, 452
57 26-61a-103, as last amended by Laws of Utah 2022, Chapters 290, 415
58 26-61a-104, as last amended by Laws of Utah 2022, Chapters 277, 452
59 26-61a-105, as last amended by Laws of Utah 2022, Chapter 452
60 26-61a-106, as last amended by Laws of Utah 2022, Chapters 415, 452
61 26-61a-116, as enacted by Laws of Utah 2022, Chapter 452
62 26-61a-201, as last amended by Laws of Utah 2022, Chapters 198, 290 and 452
63 26-61a-202, as last amended by Laws of Utah 2022, Chapters 290, 452
64 26-61a-301, as last amended by Laws of Utah 2022, Chapter 290
65 26-61a-302, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
66 26-61a-401, as last amended by Laws of Utah 2022, Chapters 290, 415
67 26-61a-403, as last amended by Laws of Utah 2022, Chapters 415, 452
68 26-61a-501, as last amended by Laws of Utah 2022, Chapters 290, 415
69 26-61a-502, as last amended by Laws of Utah 2022, Chapter 290
70 26-61a-503, as last amended by Laws of Utah 2022, Chapter 415
71 26-61a-505, as last amended by Laws of Utah 2022, Chapter 452 and last amended by
72 Coordination Clause, Laws of Utah 2022, Chapter 290
73 26-61a-506, as last amended by Laws of Utah 2022, Chapter 415
74 26-61a-601, as last amended by Laws of Utah 2021, Chapter 337
75 26-61a-604, as last amended by Laws of Utah 2022, Chapters 290, 452
76 26-61a-606, as last amended by Laws of Utah 2022, Chapters 290, 415
77 26-61a-607, as last amended by Laws of Utah 2022, Chapter 452
78 58-17b-502, as last amended by Laws of Utah 2022, Chapter 465
79 58-67-502, as last amended by Laws of Utah 2021, Chapter 337
80 58-68-502, as last amended by Laws of Utah 2021, Chapter 337
81 78A-2-231, as last amended by Laws of Utah 2022, Chapter 256
82 80-3-110, as last amended by Laws of Utah 2022, Chapter 256
83 80-4-109, as enacted by Laws of Utah 2021, Chapter 261
84 ENACTS:
85 26-61a-117, Utah Code Annotated 1953
86 26-61a-206, Utah Code Annotated 1953
87 REPEALS:
88 26-61a-602, as last amended by Laws of Utah 2020, Chapter 354
89
90 Be it enacted by the Legislature of the state of Utah:
91 Section 1. Section 4-41a-701 is amended to read:
92 4-41a-701. Cannabis and cannabis product testing.
93 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
94 department may make rules to:
95 (a) determine required adulterant tests for a cannabis plant product, cannabis
96 concentrate, or cannabis product;
97 (b) determine the amount of any adulterant that is safe for human consumption;
98 (c) establish protocols for a recall of cannabis or a cannabis product by a cannabis
99 production establishment; or
100 (d) allow the propagation of testing results forward to derived product if the processing
101 steps the cannabis production establishment uses to produce the product are unlikely to change
102 the results of the test.
103 (2) The department may require testing for a toxin if:
104 (a) the department receives information indicating the potential presence of a toxin; or
105 (b) the department's inspector has reason to believe a toxin may be present based on the
106 inspection of a facility.
107 (3) (a) A cannabis production establishment may not:
108 (i) incorporate cannabis concentrate into a cannabis derivative product until an
109 independent cannabis testing laboratory tests the cannabis concentrate in accordance with
110 department rule; or
111 (ii) transfer cannabis or a cannabis product to a medical cannabis pharmacy until an
112 independent cannabis testing laboratory tests a representative sample of the cannabis or
113 cannabis product in accordance with department rule.
114 (b) A medical cannabis pharmacy may not offer any cannabis or cannabis product for
115 sale unless an independent cannabis testing laboratory has tested a representative sample of the
116 cannabis or cannabis product in accordance with department rule.
117 (4) Before the sale of a cannabis product, an independent cannabis testing laboratory
118 shall:
119 (a) identify and quantify any cannabinoid known to be present in a cannabis product[
120 and
121 (b) test terpene profiles for the following products:
122 (i) raw cannabis; or
123 (ii) a cannabis product:
124 (A) contained in a vaporizer cartridge; or
125 (B) in concentrate form; and
126 (c) record the five highest terpene profiles tested under Subsection (4)(b).
127 (5) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
128 Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the
129 testing of cannabis and cannabis products by independent cannabis testing laboratories.
130 (6) The department may require an independent cannabis testing laboratory to
131 participate in a proficiency evaluation that the department conducts or that an organization that
132 the department approves conducts.
133 Section 2. Section 26-61-202 is amended to read:
134 26-61-202. Duties.
135 (1) The board shall review any available scientific research related to the human use of
136 cannabis, a cannabinoid product, or an expanded cannabinoid product that:
137 (a) was conducted under a study approved by an IRB;
138 (b) was conducted or approved by the federal government; or
139 (c) (i) was conducted in another country; and
140 (ii) demonstrates, as determined by the board, a sufficient level of scientific reliability
141 and significance to merit the board's review.
142 (2) Based on the research described in Subsection (1), the board shall evaluate the
143 safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
144 including:
145 (a) medical conditions that respond to cannabis, cannabinoid products, and expanded
146 cannabinoid products;
147 (b) cannabis and cannabinoid dosage amounts and medical dosage forms;
148 (c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products
149 with other treatments; and
150 (d) contraindications, adverse reactions, and potential side effects from use of cannabis,
151 cannabinoid products, and expanded cannabinoid products.
152 (3) (a) Based on the board's evaluation under Subsection (2), the board shall develop
153 guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
154 product that include:
155 [
156 for treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
157 cannabinoid product;
158 [
159 associated with use of cannabis, cannabinoid products, or expanded cannabinoid products;
160 [
161 States Food and Drug Administration has approved and cannabis, cannabinoid products, and
162 expanded cannabinoid products; and
163 [
164 [
165 director of the Division of Professional Licensing.
166 [
167 availability of cannabis, cannabinoid products, or expanded cannabinoid products permitted
168 under Title 4, Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah
169 Medical Cannabis Act.
170 (4) The board shall provide a report to the Health and Human Services Interim
171 Committee regarding the board's work before October 1 of each year.
172 Section 3. Section 26-61a-102 is amended to read:
173 26-61a-102. Definitions.
174 As used in this chapter:
175 (1) "Active tetrahydrocannabinol" means THC, any THC analog, and
176 tetrahydrocannabinolic acid.
177 (2) "Advertise" or "advertising" means information provided by a medical cannabis
178 pharmacy in any medium:
179 (a) to the public; and
180 (b) that is not age restricted to an individual who is at least 21 years old.
181 [
182 Board created in Section 26-61-201.
183 [
184 [
185 Section 4-41a-102.
186 [
187 Section 4-41a-102.
188 [
189 (a) is intended for human use; and
190 (b) contains cannabis or any tetrahydrocannabinol or THC analog in a total
191 concentration of 0.3% or greater on a dry weight basis.
192 [
193 in Section 4-41a-102.
194 [
195 defined in Section 4-41a-102.
196 [
197 as that term is defined in Section 4-41a-102.
198 [
199 school, a church, a public library, a public playground, or a public park.
200 [
201 card that the department issues in accordance with Subsection 26-61a-201(1)(b) to allow an
202 applicant for a medical cannabis card to access medical cannabis during the department's
203 review of the application.
204 [
205 created in Section 58-37f-201.
206 (14) "Delivery address" means:
207 (a) for a medical cannabis cardholder who is not a facility, the medical cannabis
208 cardholder's home address; or
209 (b) for a medical cannabis cardholder that is a facility, the facility's address.
210 [
211 [
212 (a) an individual:
213 (i) whom an individual with a medical cannabis patient card or a medical cannabis
214 guardian card designates as the patient's caregiver; and
215 (ii) who registers with the department under Section 26-61a-202; or
216 (b) (i) a facility that an individual designates as a designated caregiver in accordance
217 with Subsection 26-61a-202(1)(b); or
218 (ii) an assigned employee of the facility described in Subsection 26-61a-202(1)(b)(ii).
219 [
220 medical cannabis treatment and suggested usage guidelines.
221 [
222 for a recommended treatment of medical cannabis.
223 [
224 credit union, chartered and supervised under state or federal law.
225 (20) "Government issued photo identification" means any of the following forms of
226 identification:
227 (a) a valid state-issued driver license or identification card;
228 (b) a valid United States federal-issued photo identification, including:
229 (i) a United States passport;
230 (ii) a United States passport card;
231 (iii) a United States military identification card; or
232 (iv) a permanent resident card or alien registration receipt card; or
233 (c) a foreign passport.
234 [
235 pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical
236 cannabis shipments to a [
237 fulfill electronic orders that the state central patient portal facilitates.
238 [
239 4-41a-103.
240 [
241 (a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the
242 relevant recommending medical provider or the state central patient portal or pharmacy
243 medical provider, in accordance with Subsection 26-61a-502(4) [
244 (b) may not exceed:
245 (i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
246 (ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total,
247 greater than 20 grams of active tetrahydrocannabinol.
248 [
249 unprocessed cannabis flower:
250 (a) that is 60 days after the date of purchase of the cannabis; and
251 (b) after which, the cannabis is no longer in a medicinal dosage form outside of the
252 primary residence of the relevant medical cannabis patient cardholder.
253 [
254 (a) meets the recommending qualifications; and
255 (b) has no more than 15 patients with a valid medical cannabis patient card or
256 provisional patient card as a result of the individual's recommendation, in accordance with
257 Subsection 26-61a-106(1)(b).
258 [
259 [
260 cannabis product in a medicinal dosage form.
261 [
262 cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis
263 card.
264 [
265 (a) a holder of a medical cannabis card; or
266 (b) a facility or assigned employee, described in Subsection[
267 (i) within the scope of the facility's or assigned employee's performance of the role of a
268 medical cannabis patient cardholder's caregiver designation under Subsection
269 26-61a-202(1)(b); and
270 (ii) while in possession of documentation that establishes:
271 (A) a caregiver designation described in Subsection 26-61a-202(1)(b);
272 (B) the identity of the individual presenting the documentation; and
273 (C) the relation of the individual presenting the documentation to the caregiver
274 designation.
275 [
276 cardholder may print or store on an electronic device or a physical card or document that:
277 (a) the department issues to an individual whom a medical cannabis patient cardholder
278 or a medical cannabis guardian cardholder designates as a designated caregiver; and
279 (b) is connected to the electronic verification system.
280 [
281 (a) the department licenses in accordance with Section 26-61a-604; and
282 (b) contracts with a home delivery medical cannabis pharmacy to deliver medical
283 cannabis shipments to fulfill electronic orders that the state central patient portal facilitates.
284 [
285
286 agent registration card issued by the department.
287 [
288 ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal
289 dosage form.
290 (b) "Medical cannabis device" does not include a device that:
291 (i) facilitates cannabis combustion; or
292 (ii) an individual uses to ingest substances other than cannabis.
293 [
294 cardholder may print or store on an electronic device or a physical card or document that:
295 (a) the department issues to the parent or legal guardian of a minor with a qualifying
296 condition; and
297 (b) is connected to the electronic verification system.
298 [
299 cardholder may print or store on an electronic device or a physical card or document that:
300 (a) the department issues to an individual with a qualifying condition; and
301 (b) is connected to the electronic verification system.
302 [
303 (a) (i) acquires or intends to acquire medical cannabis or a cannabis product in a
304 medicinal dosage form from a cannabis processing facility or another medical cannabis
305 pharmacy or a medical cannabis device; or
306 (ii) possesses medical cannabis or a medical cannabis device; and
307 (b) sells or intends to sell medical cannabis or a medical cannabis device to a medical
308 cannabis cardholder.
309 [
310
311 pharmacy agent registration card issued by the department.
312 [
313 card issued by the department that authorizes an individual to act as a medical cannabis
314 pharmacy agent.
315 [
316 medical cannabis product that a home delivery medical cannabis pharmacy or a medical
317 cannabis courier delivers to a [
318 fulfill an electronic medical cannabis order that the state central patient portal facilitates.
319 [
320 cannabis product in a medicinal dosage form, or a medical cannabis device.
321 [
322 (i) for processed medical cannabis or a medical cannabis product, the following with a
323 specific and consistent cannabinoid content:
324 (A) a tablet;
325 (B) a capsule;
326 (C) a concentrated liquid or viscous oil;
327 (D) a liquid suspension that, after December 1, 2022, does not exceed 30 ml;
328 (E) a topical preparation;
329 (F) a transdermal preparation;
330 (G) a sublingual preparation;
331 (H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
332 rectangular cuboid shape;
333 (I) a resin or wax; or
334 (J) an aerosol; or
335 (ii) for unprocessed cannabis flower, a container described in Section 4-41a-602 that:
336 (A) contains cannabis flowers in a quantity that varies by no more than 10% from the
337 stated weight at the time of packaging;
338 (B) at any time the medical cannabis cardholder transports or possesses the container in
339 public, is contained within an opaque bag or box that the medical cannabis pharmacy provides;
340 and
341 (C) is labeled with the container's content and weight, the date of purchase, the legal
342 use termination date, and after December 31, 2020, a barcode that provides information
343 connected to an inventory control system; and
344 (iii) a form measured in grams, milligrams, or milliliters.
345 (b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
346 (i) the medical cannabis cardholder has recently removed from the container described
347 in Subsection [
348 (ii) does not exceed the quantity described in Subsection [
349 (c) "Medicinal dosage form" does not include:
350 (i) any unprocessed cannabis flower outside of the container described in Subsection
351 [
352 (ii) any unprocessed cannabis flower in a container described in Subsection [
353 (41)(a)(ii) after the legal use termination date;
354 (iii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis
355 on a nail or other metal object that is heated by a flame, including a blowtorch; or
356 (iv) a liquid suspension that is branded as a beverage.
357 [
358 (a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
359 (b) has a currently valid medical cannabis card or the equivalent of a medical cannabis
360 card under the laws of another state, district, territory, commonwealth, or insular possession of
361 the United States; and
362 (c) has been diagnosed with a qualifying condition as described in Section 26-61a-104.
363 [
364 production establishment or medical cannabis pharmacy to facilitate transfers of funds between
365 the establishment or pharmacy and other businesses or individuals.
366 [
367 site at a medical cannabis pharmacy under Section 26-61a-403.
368 [
369 (a) the department issues to a minor with a qualifying condition for whom:
370 (i) a recommending medical provider has recommended a medical cannabis treatment;
371 and
372 (ii) the department issues a medical cannabis guardian card to the minor's parent or
373 legal guardian; and
374 (b) is connected to the electronic verification system.
375 [
376 (a) who meets the recommending qualifications; and
377 (b) whom the department registers to recommend treatment with cannabis in a
378 medicinal dosage form under Section 26-61a-106.
379 [
380 Section 26-61a-109.
381 [
382 [
383 provider, the act of suggesting the use of medical cannabis treatment, which:
384 (a) certifies the patient's eligibility for a medical cannabis card; and
385 (b) may include, at the recommending medical provider's discretion, directions of use,
386 with or without dosing guidelines.
387 [
388 limited medical provider.
389 [
390 (a) (i) has the authority to write a prescription;
391 (ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
392 Controlled Substances Act; and
393 (iii) possesses the authority, in accordance with the individual's scope of practice, to
394 prescribe a Schedule II controlled substance; and
395 (b) is licensed as:
396 (i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
397 (ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice
398 Act;
399 (iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
400 Chapter 68, Utah Osteopathic Medical Practice Act; or
401 (iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
402 [
403 accordance with Section 26-61a-601, to facilitate patient safety, education, and an electronic
404 medical cannabis order.
405 [
406
407
408 [
409 26-61a-103.
410 (54) "Targeted marketing" means the promotion by a medical cannabis pharmacy of a
411 medical cannabis product, medical cannabis brand, or a medical cannabis device using any of
412 the following methods:
413 (a) electronic communication to an individual who is at least 21 years old and has
414 requested to receive promotional information from the medical cannabis pharmacy;
415 (b) an in-person marketing event that is:
416 (i) held inside a medical cannabis pharmacy; and
417 (ii) in an area where only a medical cannabis cardholder may access the event; or
418 (c) other marketing material that is physically available or digitally displayed in:
419 (i) a medical cannabis pharmacy; and
420 (ii) an area where only a medical cannabis cardholder has access.
421 [
422 cannabis or a synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
423 [
424 [
425
426 [
427 [
428 [
429 [
430 [
431 [
432 [
433 Section 4. Section 26-61a-103 is amended to read:
434 26-61a-103. Electronic verification system.
435 (1) The Department of Agriculture and Food, the department, the Department of Public
436 Safety, and the Division of Technology Services shall:
437 (a) enter into a memorandum of understanding in order to determine the function and
438 operation of the state electronic verification system in accordance with Subsection (2);
439 (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
440 Procurement Code, to develop a request for proposals for a third-party provider to develop and
441 maintain the state electronic verification system in coordination with the Division of
442 Technology Services; and
443 (c) select a third-party provider who:
444 (i) meets the requirements contained in the request for proposals issued under
445 Subsection (1)(b); and
446 (ii) may not have any commercial or ownership interest in a cannabis production
447 establishment or a medical cannabis pharmacy.
448 (2) The Department of Agriculture and Food, the department, the Department of Public
449 Safety, and the Division of Technology Services shall ensure that[
450
451 (a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
452 medical cannabis guardian card, provided that the card may not become active until:
453 (i) the relevant qualified medical provider completes the associated medical cannabis
454 recommendation; or
455 (ii) for a medical cannabis card related to a limited medical provider's
456 recommendation, the medical cannabis pharmacy completes the recording described in
457 Subsection (2)(d);
458 (b) allows an individual to apply to renew a medical cannabis patient card or a medical
459 cannabis guardian card in accordance with Section 26-61a-201;
460 (c) allows a qualified medical provider, or an employee described in Subsection (3)
461 acting on behalf of the qualified medical provider, to:
462 (i) access dispensing and card status information regarding a patient:
463 (A) with whom the qualified medical provider has a provider-patient relationship; and
464 (B) for whom the qualified medical provider has recommended or is considering
465 recommending a medical cannabis card;
466 (ii) electronically recommend[
467
468 form or a cannabis product in a medicinal dosage form and optionally recommend dosing
469 guidelines; [
470 (iii) electronically renew a recommendation to a medical cannabis patient cardholder or
471 medical cannabis guardian cardholder:
472 (A) using telehealth services, for the qualified medical provider who originally
473 recommended a medical cannabis treatment during a face-to-face visit with the patient; or
474 (B) during a face-to-face visit with the patient, for a qualified medical provider who
475 did not originally recommend the medical cannabis treatment during a face-to-face visit[
476 (iv) submit an initial application, renewal application, or application payment on behalf
477 of an individual applying for any of the following:
478 (A) a medical cannabis patient card;
479 (B) a medical cannabis guardian card; or
480 (C) a medical cannabis caregiver card;
481 (d) [
482
483 allows a medical cannabis pharmacy medical provider or medical cannabis pharmacy agent, in
484 accordance with Subsection 26-61a-501(10)(a), to:
485 (i) access the electronic verification system to review the history within the system of a
486 patient with whom the provider or agent is interacting, limited to read-only access for medical
487 cannabis pharmacy agents unless the medical cannabis pharmacy's pharmacist in charge
488 authorizes add and edit access;
489 (ii) record a patient's recommendation from a limited medical provider, including any
490 directions of use, dosing guidelines, or caregiver indications from the limited medical provider;
491 [
492 (iii) record a limited medical provider's renewal of the provider's previous
493 recommendation; and
494 (iv) submit an initial application, renewal application, or application payment on behalf
495 of an individual applying for any of the following:
496 (A) a medical cannabis patient card;
497 (B) a medical cannabis guardian card; or
498 (C) a medical cannabis caregiver card;
499 (e) connects with:
500 (i) an inventory control system that a medical cannabis pharmacy uses to track in real
501 time and archive purchases of any cannabis in a medicinal dosage form, cannabis product in a
502 medicinal dosage form, or a medical cannabis device, including:
503 (A) the time and date of each purchase;
504 (B) the quantity and type of cannabis, cannabis product, or medical cannabis device
505 purchased;
506 (C) any cannabis production establishment, any medical cannabis pharmacy, or any
507 medical cannabis courier associated with the cannabis, cannabis product, or medical cannabis
508 device; and
509 (D) the personally identifiable information of the medical cannabis cardholder who
510 made the purchase; and
511 (ii) any commercially available inventory control system that a cannabis production
512 establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of
513 Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
514 Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
515 track and confirm compliance;
516 (f) provides access to:
517 (i) the department to the extent necessary to carry out the department's functions and
518 responsibilities under this chapter;
519 (ii) the Department of Agriculture and Food to the extent necessary to carry out the
520 functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
521 41a, Cannabis Production Establishments; and
522 (iii) the Division of Professional Licensing to the extent necessary to carry out the
523 functions and responsibilities related to the participation of the following in the
524 recommendation and dispensing of medical cannabis:
525 (A) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
526 (B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
527 (C) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
528 Practice Act;
529 (D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
530 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
531 (E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
532 Act;
533 (g) provides access to and interaction with the state central patient portal;
534 (h) communicates dispensing information from a record that a medical cannabis
535 pharmacy submits to the state electronic verification system under Subsection
536 [
537 (i) provides access to state or local law enforcement:
538 (i) during a law enforcement encounter, without a warrant, using the individual's driver
539 license or state ID, only for the purpose of determining if the individual subject to the law
540 enforcement encounter has a valid medical cannabis card; or
541 (ii) after obtaining a warrant; and
542 (j) creates a record each time a person accesses the system that identifies the person
543 who accesses the system and the individual whose records the person accesses.
544 (3) (a) [
545
546
547 verification system for a purpose described in Subsection (2)(c) on behalf of the qualified
548 medical provider if:
549 (i) the qualified medical provider has designated the employee as an individual
550 authorized to access the electronic verification system on behalf of the qualified medical
551 provider;
552 (ii) the qualified medical provider provides written notice to the department of the
553 employee's identity and the designation described in Subsection (3)(a)(i); and
554 (iii) the department grants to the employee access to the electronic verification system.
555 (b) An employee of a business that employs a qualified medical provider may access
556 the electronic verification system for a purpose described in Subsection (2)(c) on behalf of the
557 qualified medical provider if:
558 (i) the qualified medical provider has designated the employee as an individual
559 authorized to access the electronic verification system on behalf of the qualified medical
560 provider;
561 (ii) the qualified medical provider and the employing business jointly provide written
562 notice to the department of the employee's identity and the designation described in Subsection
563 (3)(b)(i); and
564 (iii) the department grants to the employee access to the electronic verification system.
565 (4) (a) As used in this Subsection (4), "prescribing provider" means:
566 (i) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
567 (ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
568 Practice Act;
569 (iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
570 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
571 (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
572 Assistant Act.
573 (b) [
574
575
576 regarding a patient the prescribing provider treats.
577 (5) The department may release limited data that the system collects for the purpose of:
578 (a) conducting medical and other department approved research;
579 (b) providing the report required by Section 26-61a-703; and
580 (c) other official department purposes.
581 (6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
582 Administrative Rulemaking Act, to establish:
583 (a) the limitations on access to the data in the state electronic verification system as
584 described in this section; and
585 (b) standards and procedures to ensure accurate identification of an individual
586 requesting information or receiving information in this section.
587 (7) (a) Any person who knowingly and intentionally releases any information in the
588 state electronic verification system in violation of this section is guilty of a third degree felony.
589 (b) Any person who negligently or recklessly releases any information in the state
590 electronic verification system in violation of this section is guilty of a class C misdemeanor.
591 (8) (a) Any person who obtains or attempts to obtain information from the state
592 electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
593 (b) Any person who obtains or attempts to obtain information from the state electronic
594 verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
595 degree felony.
596 (9) (a) Except as provided in Subsection (9)(e), a person may not knowingly and
597 intentionally use, release, publish, or otherwise make available to any other person information
598 obtained from the state electronic verification system for any purpose other than a purpose
599 specified in this section.
600 (b) Each separate violation of this Subsection (9) is:
601 (i) a third degree felony; and
602 (ii) subject to a civil penalty not to exceed $5,000.
603 (c) The department shall determine a civil violation of this Subsection (9) in
604 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
605 (d) Civil penalties assessed under this Subsection (9) shall be deposited into the
606 General Fund.
607 (e) This Subsection (9) does not prohibit a person who obtains information from the
608 state electronic verification system under Subsection (2)(a), (c), or (f) from:
609 (i) including the information in the person's medical chart or file for access by a person
610 authorized to review the medical chart or file;
611 (ii) providing the information to a person in accordance with the requirements of the
612 Health Insurance Portability and Accountability Act of 1996; or
613 (iii) discussing or sharing that information about the patient with the patient.
614 Section 5. Section 26-61a-104 is amended to read:
615 26-61a-104. Qualifying condition.
616 (1) By designating a particular condition under Subsection (2) for which the use of
617 medical cannabis to treat symptoms is decriminalized, the Legislature does not conclusively
618 state that:
619 (a) current scientific evidence clearly supports the efficacy of a medical cannabis
620 treatment for the condition; or
621 (b) a medical cannabis treatment will treat, cure, or positively affect the condition.
622 (2) For the purposes of this chapter, each of the following conditions is a qualifying
623 condition:
624 (a) HIV or acquired immune deficiency syndrome;
625 (b) Alzheimer's disease;
626 (c) amyotrophic lateral sclerosis;
627 (d) cancer;
628 (e) cachexia;
629 (f) persistent nausea that is not significantly responsive to traditional treatment, except
630 for nausea related to:
631 (i) pregnancy;
632 (ii) cannabis-induced cyclical vomiting syndrome; or
633 (iii) cannabinoid hyperemesis syndrome;
634 (g) Crohn's disease or ulcerative colitis;
635 (h) epilepsy or debilitating seizures;
636 (i) multiple sclerosis or persistent and debilitating muscle spasms;
637 (j) post-traumatic stress disorder that is being treated and monitored by a licensed
638 mental health therapist, as that term is defined in Section 58-60-102, and that:
639 (i) has been diagnosed by a healthcare provider or mental health provider employed or
640 contracted by the United States Veterans Administration, evidenced by copies of medical
641 records from the United States Veterans Administration that are included as part of the
642 qualified medical provider's pre-treatment assessment and medical record documentation; or
643 (ii) has been diagnosed or confirmed, through face-to-face or telehealth evaluation of
644 the patient, by a provider who is:
645 (A) a licensed board-eligible or board-certified psychiatrist;
646 (B) a licensed psychologist with a master's-level degree;
647 (C) a licensed clinical social worker with a master's-level degree; [
648 (D) a licensed advanced practice registered nurse who is qualified to practice within
649 the psychiatric mental health nursing specialty and who has completed the clinical practice
650 requirements in psychiatric mental health nursing, including in psychotherapy, in accordance
651 with Subsection 58-31b-302(5)(g); or
652 (E) a licensed physician assistant who is qualified to specialize in mental health care
653 under Section 58-70a-501.1;
654 (k) autism;
655 (l) a terminal illness when the patient's remaining life expectancy is less than six
656 months;
657 (m) a condition resulting in the individual receiving hospice care;
658 (n) a rare condition or disease that:
659 (i) affects less than 200,000 individuals in the United States, as defined in Section 526
660 of the Federal Food, Drug, and Cosmetic Act; and
661 (ii) is not adequately managed despite treatment attempts using:
662 (A) conventional medications other than opioids or opiates; or
663 (B) physical interventions;
664 (o) pain lasting longer than two weeks that is not adequately managed, in the qualified
665 medical provider's opinion, despite treatment attempts using:
666 (i) conventional medications other than opioids or opiates; or
667 (ii) physical interventions;
668 (p) pain that is expected to last for two weeks or longer for an acute condition,
669 including a surgical procedure, for which a medical professional may generally prescribe
670 opioids for a limited duration, subject to Subsection 26-61a-201(5)(c); and
671 (q) a condition that the Compassionate Use Board approves under Section 26-61a-105,
672 on an individual, case-by-case basis.
673 Section 6. Section 26-61a-105 is amended to read:
674 26-61a-105. Compassionate Use Board.
675 (1) (a) The department shall establish a Compassionate Use Board consisting of:
676 (i) seven qualified medical providers that the executive director appoints and the
677 Senate confirms:
678 (A) who are knowledgeable about the medicinal use of cannabis;
679 (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
680 or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
681 (C) [
682 Board of Medical Specialties or an American Osteopathic Association Specialty Certifying
683 Board in the specialty of neurology, pain medicine and pain management, medical oncology,
684 psychiatry, infectious disease, internal medicine, pediatrics, family medicine, or
685 gastroenterology; and
686 (ii) as a nonvoting member and the chair of the Compassionate Use Board, the
687 executive director or the director's designee.
688 (b) In appointing the seven qualified medical providers described in Subsection (1)(a),
689 the executive director shall ensure that at least two have a board certification in pediatrics.
690 (2) (a) Of the members of the Compassionate Use Board that the executive director
691 first appoints:
692 (i) three shall serve an initial term of two years; and
693 (ii) the remaining members shall serve an initial term of four years.
694 (b) After an initial term described in Subsection (2)(a) expires:
695 (i) each term is four years; and
696 (ii) each board member is eligible for reappointment.
697 (c) A member of the Compassionate Use Board may serve until a successor is
698 appointed.
699 (3) Four members constitute a quorum of the Compassionate Use Board.
700 (4) A member of the Compassionate Use Board may receive:
701 (a) notwithstanding Section 63A-3-106, compensation or benefits for the member's
702 service; and
703 (b) travel expenses in accordance with Section 63A-3-107 and rules made by the
704 Division of Finance in accordance with Section 63A-3-107.
705 (5) The Compassionate Use Board shall:
706 (a) review and recommend for department approval a petition to the board regarding an
707 individual described in Subsection 26-61a-201(2)(a), a minor described in Subsection
708 26-61a-201(2)(c), or an individual who is not otherwise qualified to receive a medical cannabis
709 card to obtain a medical cannabis card for compassionate use, for the standard or a reduced
710 period of validity, if:
711 (i) for an individual who is not otherwise qualified to receive a medical cannabis card,
712 the individual's qualified medical provider is actively treating the individual for an intractable
713 condition that:
714 (A) substantially impairs the individual's quality of life; and
715 (B) has not, in the qualified medical provider's professional opinion, adequately
716 responded to conventional treatments;
717 (ii) the qualified medical provider:
718 (A) recommends that the individual or minor be allowed to use medical cannabis; and
719 (B) provides a letter, relevant treatment history, and notes or copies of progress notes
720 describing relevant treatment history including rationale for considering the use of medical
721 cannabis; and
722 (iii) the Compassionate Use Board determines that:
723 (A) the recommendation of the individual's qualified medical provider is justified; and
724 (B) based on available information, it may be in the best interests of the individual to
725 allow the use of medical cannabis;
726 (b) [
727
728
729
730
731 described in Subsection 26-61a-201(2)(a)(i)(B) or a minor described in Subsection
732 26-61a-201(2)(c) be allowed to use a medical cannabis device or medical cannabis product to
733 vaporize a medical cannabis treatment, review and approve or deny the use of the medical
734 cannabis device or medical cannabis product;
735 (c) unless no petitions are pending:
736 (i) meet to receive or review compassionate use petitions at least quarterly; and
737 (ii) if there are more petitions than the board can receive or review during the board's
738 regular schedule, as often as necessary;
739 (d) except as provided in Subsection (6), complete a review of each petition and
740 recommend to the department approval or denial of the applicant for qualification for a medical
741 cannabis card within 90 days after the day on which the board received the petition;
742 (e) consult with the department regarding the criteria described in Subsection (6); and
743 (f) report, before November 1 of each year, to the Health and Human Services Interim
744 Committee:
745 (i) the number of compassionate use recommendations the board issued during the past
746 year; and
747 (ii) the types of conditions for which the board recommended compassionate use.
748 (6) The department shall make rules, in consultation with the Compassionate Use
749 Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
750 establish a process and criteria for a petition to the board to automatically qualify for expedited
751 final review and approval or denial by the department in cases where, in the determination of
752 the department and the board:
753 (a) time is of the essence;
754 (b) engaging the full review process would be unreasonable in light of the petitioner's
755 physical condition; and
756 (c) sufficient factors are present regarding the petitioner's safety.
757 (7) (a) (i) The department shall review:
758 (A) any compassionate use for which the Compassionate Use Board recommends
759 approval under Subsection (5)(d) to determine whether the board properly exercised the board's
760 discretion under this section; and
761 (B) any expedited petitions the department receives under the process described in
762 Subsection (6).
763 (ii) If the department determines that the Compassionate Use Board properly exercised
764 the board's discretion in recommending approval under Subsection (5)(d) or that the expedited
765 petition merits approval based on the criteria established in accordance with Subsection (6), the
766 department shall:
767 (A) issue the relevant medical cannabis card; and
768 (B) provide for the renewal of the medical cannabis card in accordance with the
769 recommendation of the qualified medical provider described in Subsection (5)(a).
770 (b) (i) If the Compassionate Use Board recommends denial under Subsection (5)(d),
771 the individual seeking to obtain a medical cannabis card may petition the department to review
772 the board's decision.
773 (ii) If the department determines that the Compassionate Use Board's recommendation
774 for denial under Subsection (5)(d) was arbitrary or capricious:
775 (A) the department shall notify the Compassionate Use Board of the department's
776 determination; and
777 (B) the board shall reconsider the Compassionate Use Board's refusal to recommend
778 approval under this section.
779 (c) In reviewing the Compassionate Use Board's recommendation for approval or
780 denial under Subsection (5)(d) in accordance with this Subsection (7), the department shall
781 presume the board properly exercised the board's discretion unless the department determines
782 that the board's recommendation was arbitrary or capricious.
783 (8) Any individually identifiable health information contained in a petition that the
784 Compassionate Use Board or department receives under this section is a protected record in
785 accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
786 (9) The Compassionate Use Board shall annually report the board's activity to the
787 Cannabis Research Review Board.
788 Section 7. Section 26-61a-106 is amended to read:
789 26-61a-106. Qualified medical provider registration -- Continuing education --
790 Treatment recommendation -- Limited medical provider.
791 (1) (a) (i) Except as provided in Subsection (1)(b), an individual may not recommend a
792 medical cannabis treatment unless the department registers the individual as a qualified
793 medical provider in accordance with this section.
794 (ii) Notwithstanding Subsection (1)(a)(i), a qualified medical provider who is podiatrist
795 licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act, may not recommend a
796 medical cannabis treatment except within the course and scope of a practice of podiatry, as that
797 term is defined in Section 58-5a-102.
798 (b) [
799
800
801 qualifications may recommend a medical cannabis treatment as a limited medical provider
802 without registering under Subsection (1)(a) if:
803 (i) the individual recommends the use of medical cannabis to the patient through an
804 order described in Subsection (1)(c) after:
805 (A) a face-to-face visit for an initial recommendation or the renewal of a
806 recommendation for a patient for whom the limited medical provider did not make the patient's
807 original recommendation; or
808 (B) a visit using telehealth services for a renewal of a recommendation for a patient for
809 whom the limited medical provider made the patient's original recommendation; and
810 (ii) the individual's recommendation or renewal would not cause the total number of
811 the individual's patients who have a valid medical cannabis patient card or provisional patient
812 card resulting from the individual's recommendation to exceed 15.
813 (c) The individual described in Subsection (1)(b) shall communicate the individual's
814 recommendation through an order for the medical cannabis pharmacy to record the individual's
815 recommendation or renewal in the state electronic verification system under the individual's
816 recommendation that:
817 (i) (A) that the individual or the individual's employee sends electronically to a medical
818 cannabis pharmacy; or
819 (B) that the individual gives to the patient in writing for the patient to deliver to a
820 medical cannabis pharmacy; and
821 (ii) may include:
822 (A) directions of use or dosing guidelines; and
823 (B) an indication of a need for a caregiver in accordance with Subsection
824 26-61a-201(3)(c).
825 (d) If the limited medical provider gives the patient a written recommendation to
826 deliver to a medical cannabis pharmacy under Subsection (1)(c)(i)(B), the limited medical
827 provider shall ensure that the document includes all of the information that is included on a
828 prescription the provider would issue for a controlled substance, including:
829 (i) the date of issuance;
830 (ii) the provider's name, address and contact information, controlled substance license
831 information, and signature; and
832 (iii) the patient's name, address and contact information, age, and diagnosed qualifying
833 condition.
834 (e) In considering making a recommendation as a limited medical provider, an
835 individual may consult information that the department makes available on the department's
836 website for recommending providers.
837 (2) (a) The department shall, within 15 days after the day on which the department
838 receives an application from an individual, register and issue a qualified medical provider
839 registration card to the individual if the individual:
840 (i) provides to the department the individual's name and address;
841 (ii) provides to the department [
842
843 that the individual has completed four hours of continuing education related to medical
844 cannabis;
845 (iii) provides to the department evidence that the individual meets the recommending
846 qualifications;
847 (iv) for an applicant on or after November 1, 2021, provides to the department the
848 information described in Subsection (10)(a); and
849 (v) pays the department a fee in an amount that:
850 (A) the department sets, in accordance with Section 63J-1-504; and
851 (B) does not exceed $300 for an initial registration.
852 (b) The department may not register an individual as a qualified medical provider if the
853 individual is:
854 (i) a pharmacy medical provider; or
855 (ii) an owner, officer, director, board member, employee, or agent of a cannabis
856 production establishment, a medical cannabis pharmacy, or a medical cannabis courier.
857 (3) (a) An individual shall complete the continuing education [
858
859 (i) for an individual as a condition precedent to registration, four hours; and
860 (ii) for a qualified medical provider as a condition precedent to renewal, four hours
861 every two years.
862 [
863 [
864 [
865 [
866
867
868 [
869
870
871
872 [
873
874 [
875
876 [
877
878 [
879
880
881 [
882
883 [
884 Licensing, develop [
885 medical cannabis.
886 [
887 (i) the provisions of this chapter;
888 (ii) general information about medical cannabis under federal and state law;
889 (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
890 including risks and benefits;
891 (iv) recommendations for medical cannabis as it relates to the continuing care of a
892 patient in pain management, risk management, potential addiction, or palliative care; and
893 (v) best practices for recommending the form and dosage of medical cannabis products
894 based on the qualifying condition underlying a medical cannabis recommendation.
895 [
896
897
898
899 [
900
901
902
903 [
904
905
906
907 [
908
909 (4) (a) Except as provided in Subsection (4)(b), a qualified medical provider may not
910 recommend a medical cannabis treatment to more than 1.5% of the total amount of medical
911 cannabis patient cardholders.
912 (b) If a qualified medical provider receives payment from an insurance plan for
913 services provided under this chapter, then the patient whose insurance plan was billed does not
914 count toward the 1.5% patient cap described in Subsection (4)(a).
915 (5) A recommending medical provider may recommend medical cannabis to an
916 individual under this chapter only in the course of a provider-patient relationship after the
917 recommending medical provider has completed and documented in the patient's medical record
918 a thorough assessment of the patient's condition and medical history based on the appropriate
919 standard of care for the patient's condition.
920 (6) (a) Except as provided in Subsection (6)(b), an individual may not advertise that the
921 individual recommends a medical cannabis treatment.
922 (b) Notwithstanding Subsection (6)(a) and subject to Section 26-61a-116, a qualified
923 medical provider or clinic or office that employs a qualified medical provider may advertise the
924 following:
925 (i) a green cross;
926 (ii) the provider's or clinic's name and logo;
927 (iii) a qualifying condition that the individual treats;
928 (iv) that the individual is registered as a qualified medical provider and recommends
929 medical cannabis; or
930 (v) a scientific study regarding medical cannabis use.
931 (7) (a) A qualified medical provider registration card expires two years after the day on
932 which the department issues the card.
933 (b) The department shall renew a qualified medical provider's registration card if the
934 provider:
935 (i) applies for renewal;
936 (ii) is eligible for a qualified medical provider registration card under this section,
937 including maintaining an unrestricted license under the recommending qualifications;
938 (iii) certifies to the department in a renewal application that the information in
939 Subsection (2)(a) is accurate or updates the information;
940 (iv) submits a report detailing the completion of the continuing education requirement
941 described in Subsection (3); and
942 (v) pays the department a fee in an amount that:
943 (A) the department sets, in accordance with Section 63J-1-504; and
944 (B) does not exceed $50 for a registration renewal.
945 (8) The department may revoke the registration of a qualified medical provider who
946 fails to maintain compliance with the requirements of this section.
947 (9) A recommending medical provider may not receive any compensation or benefit for
948 the qualified medical provider's medical cannabis treatment recommendation from:
949 (a) a cannabis production establishment or an owner, officer, director, board member,
950 employee, or agent of a cannabis production establishment;
951 (b) a medical cannabis pharmacy or an owner, officer, director, board member,
952 employee, or agent of a medical cannabis pharmacy; or
953 (c) a recommending medical provider or pharmacy medical provider.
954 (10) (a) On or before November 1, 2021, a qualified medical provider shall report to
955 the department, in a manner designated by the department:
956 (i) if applicable, that the qualified medical provider or the entity that employs the
957 qualified medical provider represents online or on printed material that the qualified medical
958 provider is a qualified medical provider or offers medical cannabis recommendations to
959 patients; and
960 (ii) the fee amount that the qualified medical provider or the entity that employs the
961 qualified medical provider charges a patient for a medical cannabis recommendation, either as
962 an actual cash rate or, if the provider or entity bills insurance, an average cash rate.
963 (b) The department shall:
964 (i) ensure that the following information related to qualified medical providers and
965 entities described in Subsection (10)(a)(i) is available on the department's website or on the
966 health care price transparency tool under Subsection (10)(b)(ii):
967 (A) the name of the qualified medical provider and, if applicable, the name of the
968 entity that employs the qualified medical provider;
969 (B) the address of the qualified medical provider's office or, if applicable, the entity
970 that employs the qualified medical provider; and
971 (C) the fee amount described in Subsection (10)(a)(ii); and
972 (ii) share data collected under this Subsection (10) with the state auditor for use in the
973 health care price transparency tool described in Section 67-3-11.
974 Section 8. Section 26-61a-116 is amended to read:
975 26-61a-116. Advertising.
976 (1) Except as provided in this chapter, a person may not advertise regarding the
977 recommendation, sale, dispensing, or transportation of medical cannabis[
978 (a) a promotional discount or incentive;
979 (b) a particular medical cannabis product, medical cannabis device, medical cannabis
980 brand, or medicinal dosage form; or
981 (c) an assurance of a medical outcome related to a medical cannabis treatment.
982 [
983
984 [
985 [
986
987 [
988 [
989 (a) a nonprofit organization that offers financial assistance for medical cannabis
990 treatment to low-income patients may advertise the organization's assistance if the
991 advertisement does not relate to a specific medical cannabis pharmacy or a specific medical
992 cannabis product; and
993 (b) a medical cannabis pharmacy may provide information regarding subsidies for the
994 cost of medical cannabis treatment to patients who affirmatively accept receipt of the subsidy
995 information.
996 [
997 medical rather than a recreational disposition, the name and logo of the licensee:
998 (a) may include terms and images associated with:
999 (i) a medical disposition, including "medical," "medicinal," "medicine," "pharmacy,"
1000 "apothecary," "wellness," "therapeutic," "health," "care," "cannabis," "clinic," "compassionate,"
1001 "relief," "treatment," and "patient;" or
1002 (ii) the plant form of cannabis, including "leaf," "flower," and "bloom";
1003 (b) may not include:
1004 (i) any term, statement, design representation, picture, or illustration that is associated
1005 with a recreational disposition or that appeals to children;
1006 (ii) an emphasis on a psychoactive ingredient;
1007 (iii) a specific cannabis strain; or
1008 (iv) terms related to recreational marijuana, including "weed," "pot," "reefer," "grass,"
1009 "hash," "ganga," "Mary Jane," "high," "buzz," "haze," "stoned," "joint," "bud," "smoke,"
1010 "euphoria," "dank," "doobie," "kush," "frost," "cookies," "rec," "bake," "blunt," "combust,"
1011 "bong," "budtender," "dab," "blaze," "toke," or "420."
1012 [
1013 chapter, including names and logos in accordance with Subsection (4), to ensure a medical
1014 rather than recreational disposition.
1015 Section 9. Section 26-61a-117 is enacted to read:
1016 26-61a-117. Government issued photo identification.
1017 A government issued photo identification is valid for purposes of this chapter if the
1018 identification:
1019 (1) is unexpired;
1020 (2) expired within the previous six months; or
1021 (3) is expired and belongs to an individual who:
1022 (a) as reported by the individual's recommending medical provider is in hospice or has
1023 a terminal illness; or
1024 (b) is a patient or resident of:
1025 (i) an assisted living facility, as defined in Section 26-21-2;
1026 (ii) a nursing care facility, as defined in Section 26-21-2; or
1027 (iii) a general acute hospital, as defined in Section 26-21-2.
1028 Section 10. Section 26-61a-201 is amended to read:
1029 26-61a-201. Medical cannabis patient card -- Medical cannabis guardian card --
1030 Conditional medical cannabis card -- Application -- Fees -- Studies.
1031 (1) (a) [
1032 day on which an individual who satisfies the eligibility criteria in this section or Section
1033 26-61a-202 submits an application in accordance with this section or Section 26-61a-202, the
1034 department shall:
1035 (i) issue a medical cannabis patient card to an individual described in Subsection
1036 (2)(a);
1037 (ii) issue a medical cannabis guardian card to an individual described in Subsection
1038 (2)(b);
1039 (iii) issue a provisional patient card to a minor described in Subsection (2)(c); and
1040 (iv) issue a medical cannabis caregiver card to an individual described in Subsection
1041 26-61a-202(4).
1042 (b) (i) [
1043
1044
1045 provider's medical cannabis recommendation for a patient in the state electronic verification
1046 system, either by the provider or the provider's employee or by a medical cannabis pharmacy
1047 medical provider or medical cannabis pharmacy in accordance with Subsection
1048 26-61a-501(10)(a), the department shall issue to the patient an electronic conditional medical
1049 cannabis card, in accordance with this Subsection (1)(b).
1050 (ii) A conditional medical cannabis card is valid for the lesser of:
1051 (A) 60 days; or
1052 (B) the day on which the department completes the department's review and issues a
1053 medical cannabis card under Subsection (1)(a), denies the patient's medical cannabis card
1054 application, or revokes the conditional medical cannabis card under Subsection (8).
1055 (iii) The department may issue a conditional medical cannabis card to an individual
1056 applying for a medical cannabis patient card for which approval of the Compassionate Use
1057 Board is not required.
1058 (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
1059 obligations under law applicable to a holder of the medical cannabis card for which the
1060 individual applies and for which the department issues the conditional medical cannabis card.
1061 (2) (a) An individual is eligible for a medical cannabis patient card if:
1062 (i) (A) the individual is at least 21 years old; or
1063 (B) the individual is 18, 19, or 20 years old, the individual petitions the Compassionate
1064 Use Board under Section 26-61a-105, and the Compassionate Use Board recommends
1065 department approval of the petition;
1066 (ii) the individual is a Utah resident;
1067 (iii) the individual's recommending medical provider recommends treatment with
1068 medical cannabis in accordance with Subsection (4);
1069 (iv) the individual signs an acknowledgment stating that the individual received the
1070 information described in Subsection (9); and
1071 (v) the individual pays to the department a fee in an amount that, subject to Subsection
1072 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
1073 (b) (i) An individual is eligible for a medical cannabis guardian card if the individual:
1074 (A) is at least 18 years old;
1075 (B) is a Utah resident;
1076 (C) is the parent or legal guardian of a minor for whom the minor's qualified medical
1077 provider recommends a medical cannabis treatment, the individual petitions the Compassionate
1078 Use Board under Section 26-61a-105, and the Compassionate Use Board recommends
1079 department approval of the petition;
1080 (D) the individual signs an acknowledgment stating that the individual received the
1081 information described in Subsection (9); and
1082 (E) pays to the department a fee in an amount that, subject to Subsection
1083 26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the
1084 criminal background check described in Section 26-61a-203[
1085 [
1086
1087
1088
1089 (ii) The department shall notify the Department of Public Safety of each individual that
1090 the department registers for a medical cannabis guardian card.
1091 (c) (i) A minor is eligible for a provisional patient card if:
1092 (A) the minor has a qualifying condition;
1093 (B) the minor's qualified medical provider recommends a medical cannabis treatment
1094 to address the minor's qualifying condition;
1095 (C) one of the minor's parents or legal guardians petitions the Compassionate Use
1096 Board under Section 26-61a-105, and the Compassionate Use Board recommends department
1097 approval of the petition; and
1098 (D) the minor's parent or legal guardian is eligible for a medical cannabis guardian card
1099 under Subsection (2)(b) or designates a caregiver under Subsection (2)(d) who is eligible for a
1100 medical cannabis caregiver card under Section 26-61a-202.
1101 (ii) The department shall automatically issue a provisional patient card to the minor
1102 described in Subsection (2)(c)(i) at the same time the department issues a medical cannabis
1103 guardian card to the minor's parent or legal guardian.
1104 (d) [
1105
1106 guardian of a minor described in Subsections (2)(c)(i)(A) through (C) does not qualify for a
1107 medical cannabis guardian card under Subsection (2)(b), the parent or legal guardian may
1108 designate up to two caregivers in accordance with Subsection 26-61a-202(1)(c) to ensure that
1109 the minor has adequate and safe access to the recommended medical cannabis treatment.
1110 (3) (a) An individual who is eligible for a medical cannabis card described in
1111 Subsection (2)(a) or (b) shall submit an application for a medical cannabis card to the
1112 department:
1113 (i) through an electronic application connected to the state electronic verification
1114 system;
1115 (ii) with the recommending medical provider; and
1116 (iii) with information including:
1117 (A) the applicant's name, gender, age, and address;
1118 (B) the number of the applicant's [
1119 identification;
1120 (C) for a medical cannabis guardian card, the name, gender, and age of the minor
1121 receiving a medical cannabis treatment under the cardholder's medical cannabis guardian card;
1122 and
1123 (D) for a provisional patient card, the name of the minor's parent or legal guardian who
1124 holds the associated medical cannabis guardian card.
1125 (b) The department shall ensure that a medical cannabis card the department issues
1126 under this section contains the information described in Subsection (3)(a)(iii).
1127 (c) (i) If a recommending medical provider determines that, because of age, illness, or
1128 disability, a medical cannabis patient cardholder requires assistance in administering the
1129 medical cannabis treatment that the recommending medical provider recommends, the
1130 recommending medical provider may indicate the cardholder's need in the state electronic
1131 verification system, either directly or, for a limited medical provider, through the order
1132 described in Subsections 26-61a-106(1)(c) and (d).
1133 (ii) If a recommending medical provider makes the indication described in Subsection
1134 (3)(c)(i):
1135 (A) the department shall add a label to the relevant medical cannabis patient card
1136 indicating the cardholder's need for assistance;
1137 (B) any adult who is 18 years old or older and who is physically present with the
1138 cardholder at the time the cardholder needs to use the recommended medical cannabis
1139 treatment may handle the medical cannabis treatment and any associated medical cannabis
1140 device as needed to assist the cardholder in administering the recommended medical cannabis
1141 treatment; and
1142 (C) an individual of any age who is physically present with the cardholder in the event
1143 of an emergency medical condition, as that term is defined in Section 31A-1-301, may handle
1144 the medical cannabis treatment and any associated medical cannabis device as needed to assist
1145 the cardholder in administering the recommended medical cannabis treatment.
1146 (iii) A non-cardholding individual acting under Subsection (3)(c)(ii)(B) or (C) may not:
1147 (A) ingest or inhale medical cannabis;
1148 (B) possess, transport, or handle medical cannabis or a medical cannabis device outside
1149 of the immediate area where the cardholder is present or with an intent other than to provide
1150 assistance to the cardholder; or
1151 (C) possess, transport, or handle medical cannabis or a medical cannabis device when
1152 the cardholder is not in the process of being dosed with medical cannabis.
1153 (4) To recommend a medical cannabis treatment to a patient or to renew a
1154 recommendation, a recommending medical provider shall:
1155 (a) visit with the patient face-to-face for an initial recommendation unless the patient:
1156 (i) prefers a virtual visit; and
1157 (ii) (A) is on hospice or has a terminal illness according to the patient's medical
1158 provider; or
1159 (B) is a resident of an assisted living facility, as defined in Section 26-21-2, or a
1160 nursing care facility, as defined in Section 26-21-2;
1161 (b) before recommending or renewing a recommendation for medical cannabis in a
1162 medicinal dosage form or a cannabis product in a medicinal dosage form:
1163 (i) verify the patient's and, for a minor patient, the minor patient's parent or legal
1164 guardian's [
1165 Subsection (3)(a);
1166 (ii) review any record related to the patient and, for a minor patient, the patient's parent
1167 or legal guardian in:
1168 (A) for a qualified medical provider, the state electronic verification system; and
1169 (B) the controlled substance database created in Section 58-37f-201; and
1170 (iii) consider the recommendation in light of the patient's qualifying condition, history
1171 of substance use or opioid use disorder, and history of medical cannabis and controlled
1172 substance use during [
1173 [
1174 patient:
1175 (i) suffers from a qualifying condition, including the type of qualifying condition; and
1176 (ii) may benefit from treatment with cannabis in a medicinal dosage form or a cannabis
1177 product in a medicinal dosage form.
1178 (5) (a) Except as provided in Subsection (5)(b) or (c), a medical cannabis card that the
1179 department issues under this section is valid for the lesser of:
1180 (i) an amount of time that the recommending medical provider determines; or
1181 (ii) one year from the day the card is issued.
1182 [
1183
1184 [
1185
1186
1187
1188 (b) (i) A medical cannabis card that the department issues in relation to a terminal
1189 illness described in Section 26-61a-104 expires after one year.
1190 (ii) The recommending medical provider may revoke a recommendation that the
1191 provider made in relation to a terminal illness described in Section 26-61a-104 if the medical
1192 cannabis cardholder no longer has the terminal illness.
1193 (c) A medical cannabis card that the department issues in relation to acute pain as
1194 described in Section 26-61a-104 expires 30 days after the day on which the department first
1195 issues a conditional or full medical cannabis card.
1196 (6) (a) A medical cannabis patient card or a medical cannabis guardian card is
1197 renewable if:
1198 (i) at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) or
1199 (b); or
1200 (ii) the cardholder received the medical cannabis card through the recommendation of
1201 the Compassionate Use Board under Section 26-61a-105.
1202 (b) The recommending medical provider who made the underlying recommendation
1203 for the card of a cardholder described in Subsection (6)(a) may renew the cardholder's card
1204 through phone or video conference with the cardholder, at the recommending medical
1205 provider's discretion.
1206 (c) Before having access to a renewed card, a cardholder under Subsection (2)(a) or (b)
1207 shall pay to the department a renewal fee in an amount that:
1208 (i) subject to Subsection 26-61a-109(5), the department sets in accordance with Section
1209 63J-1-504; and
1210 (ii) may not exceed the cost of the relatively lower administrative burden of renewal in
1211 comparison to the original application process.
1212 (d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional
1213 patient card renews automatically at the time the minor's parent or legal guardian renews the
1214 parent or legal guardian's associated medical cannabis guardian card.
1215 (7) (a) A cardholder under this section shall carry the cardholder's valid medical
1216 cannabis card with the patient's name.
1217 (b) (i) A medical cannabis patient cardholder or a provisional patient cardholder may
1218 purchase, in accordance with this chapter and the recommendation underlying the card,
1219 cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a
1220 medical cannabis device.
1221 (ii) A cardholder under this section may possess or transport, in accordance with this
1222 chapter and the recommendation underlying the card, cannabis in a medicinal dosage form, a
1223 cannabis product in a medicinal dosage form, or a medical cannabis device.
1224 (iii) To address the qualifying condition underlying the medical cannabis treatment
1225 recommendation:
1226 (A) a medical cannabis patient cardholder or a provisional patient cardholder may use
1227 cannabis in a medicinal dosage form, a medical cannabis product in a medicinal dosage form,
1228 or a medical cannabis device; and
1229 (B) a medical cannabis guardian cardholder may assist the associated provisional
1230 patient cardholder with the use of cannabis in a medicinal dosage form, a medical cannabis
1231 product in a medicinal dosage form, or a medical cannabis device.
1232 (8) (a) The department may revoke a medical cannabis card that the department issues
1233 under this section if:
1234 (i) the recommending medical provider withdraws the medical provider's
1235 recommendation for medical cannabis; or
1236 (ii) the cardholder:
1237 [
1238 [
1239 distribution offense.
1240 (b) The department may not refuse to issue a medical cannabis card to a patient solely
1241 based on a prior revocation under Subsection (8)(a)(i).
1242 (9) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
1243 Utah Administrative Rulemaking Act, a process to provide information regarding the following
1244 to an individual receiving a medical cannabis card:
1245 (a) risks associated with medical cannabis treatment;
1246 (b) the fact that a condition's listing as a qualifying condition does not suggest that
1247 medical cannabis treatment is an effective treatment or cure for that condition, as described in
1248 Subsection 26-61a-104(1); and
1249 (c) other relevant warnings and safety information that the department determines.
1250 (10) The department may establish procedures by rule, in accordance with Title 63G,
1251 Chapter 3, Utah Administrative Rulemaking Act, to implement the application and issuance
1252 provisions of this section.
1253 (11) (a) On or before September 1, 2021, the department shall establish by rule, in
1254 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to allow
1255 an individual from another state to register with the department in order to purchase medical
1256 cannabis or a medical cannabis device from a medical cannabis pharmacy while the individual
1257 is visiting the state.
1258 (b) The department may only provide the registration process described in Subsection
1259 (11)(a):
1260 (i) to a nonresident patient; and
1261 (ii) for no more than two visitation periods per calendar year of up to 21 calendar days
1262 per visitation period.
1263 (12) (a) A person may submit to the department a request to conduct a research study
1264 using medical cannabis cardholder data that the state electronic verification system contains.
1265 (b) The department shall review a request described in Subsection (12)(a) to determine
1266 whether an institutional review board, as that term is defined in Section 26-61-102, could
1267 approve the research study.
1268 (c) At the time an individual applies for a medical cannabis card, the department shall
1269 notify the individual:
1270 (i) of how the individual's information will be used as a cardholder;
1271 (ii) that by applying for a medical cannabis card, unless the individual withdraws
1272 consent under Subsection (12)(d), the individual consents to the use of the individual's
1273 information for external research; and
1274 (iii) that the individual may withdraw consent for the use of the individual's
1275 information for external research at any time, including at the time of application.
1276 (d) An applicant may, through the medical cannabis card application, and a medical
1277 cannabis cardholder may, through the state central patient portal, withdraw the applicant's or
1278 cardholder's consent to participate in external research at any time.
1279 (e) The department may release, for the purposes of a study described in this
1280 Subsection (12), information about a cardholder under this section who consents to participate
1281 under Subsection (12)(c).
1282 (f) If an individual withdraws consent under Subsection (12)(d), the withdrawal of
1283 consent:
1284 (i) applies to external research that is initiated after the withdrawal of consent; and
1285 (ii) does not apply to research that was initiated before the withdrawal of consent.
1286 (g) The department may establish standards for a medical research study's validity, by
1287 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1288 (13) The department shall record the issuance or revocation of a medical cannabis card
1289 under this section in the controlled substance database.
1290 Section 11. Section 26-61a-202 is amended to read:
1291 26-61a-202. Medical cannabis caregiver card -- Registration.
1292 (1) (a) A cardholder described in Section 26-61a-201 may designate, through the state
1293 central patient portal, up to two individuals, or an individual and a facility in accordance with
1294 Subsection (1)(b), to serve as a designated caregiver for the cardholder.
1295 (b) (i) Beginning on the earlier of September 1, 2021, or the date on which the
1296 electronic verification system is functionally capable of servicing the designation, a cardholder
1297 described in Section 26-61a-201 may designate one of the following types of facilities as one of
1298 the caregivers described in Subsection (1)(a):
1299 (A) for a patient or resident, an assisted living facility, as that term is defined in Section
1300 26-21-2;
1301 (B) for a patient or resident, a nursing care facility, as that term is defined in Section
1302 26-21-2; or
1303 (C) for a patient, a general acute hospital, as that term is defined in Section 26-21-2.
1304 (ii) A facility may:
1305 (A) assign one or more employees to assist patients with medical cannabis treatment
1306 under the caregiver designation described in this Subsection (1)(b); and
1307 (B) receive a medical cannabis shipment from a medical cannabis pharmacy or a
1308 medical cannabis courier on behalf of the medical cannabis cardholder within the facility who
1309 designated the facility as a caregiver.
1310 (iii) The department shall make rules to regulate the practice of facilities and facility
1311 employees serving as designated caregivers under this Subsection (1)(b).
1312 (c) A parent or legal guardian described in Subsection 26-61a-201(2)(d), in
1313 consultation with the minor and the minor's qualified medical provider, may designate, through
1314 the state central patient portal, up to two individuals to serve as a designated caregiver for the
1315 minor, if the department determines that the parent or legal guardian is not eligible for a
1316 medical cannabis guardian card under Section 26-61a-201.
1317 (d) (i) Beginning on the earlier of September 1, 2022, or the date on which the
1318 electronic verification system is functionally capable of facilitating a conditional medical
1319 cannabis caregiver card under this Subsection (1)(d), upon the entry of a caregiver designation
1320 under Subsection (1) by a patient with a terminal illness described in Section 26-61a-104, the
1321 department shall issue to the designated caregiver an electronic conditional medical cannabis
1322 caregiver card, in accordance with this Subsection (1)(d).
1323 (ii) A conditional medical cannabis caregiver card is valid for the lesser of:
1324 (A) 60 days; or
1325 (B) the day on which the department completes the department's review and issues a
1326 medical cannabis caregiver card under Subsection (1)(a), denies the patient's medical cannabis
1327 caregiver card application, or revokes the conditional medical cannabis caregiver card under
1328 [
1329 (iii) The department may issue a conditional medical cannabis card to an individual
1330 applying for a medical cannabis patient card for which approval of the Compassionate Use
1331 Board is not required.
1332 (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
1333 obligations under law applicable to a holder of the medical cannabis card for which the
1334 individual applies and for which the department issues the conditional medical cannabis card.
1335 (2) An individual that the department registers as a designated caregiver under this
1336 section and a facility described in Subsection (1)(b):
1337 (a) for an individual designated caregiver, may carry a valid medical cannabis caregiver
1338 card;
1339 (b) in accordance with this chapter, may purchase, possess, transport, or assist the
1340 patient in the use of cannabis in a medicinal dosage form, a cannabis product in a medicinal
1341 dosage form, or a medical cannabis device on behalf of the designating medical cannabis
1342 cardholder;
1343 (c) may not charge a fee to an individual to act as the individual's designated caregiver
1344 or for a service that the designated caregiver provides in relation to the role as a designated
1345 caregiver; and
1346 (d) may accept reimbursement from the designating medical cannabis cardholder for
1347 direct costs the designated caregiver incurs for assisting with the designating cardholder's
1348 medicinal use of cannabis.
1349 (3) (a) The department shall:
1350 (i) within 15 days after the day on which an individual submits an application in
1351 compliance with this section, issue a medical cannabis card to the applicant if the applicant:
1352 (A) is designated as a caregiver under Subsection (1);
1353 (B) is eligible for a medical cannabis caregiver card under Subsection (4); and
1354 (C) complies with this section; and
1355 (ii) notify the Department of Public Safety of each individual that the department
1356 registers as a designated caregiver.
1357 (b) The department shall ensure that a medical cannabis caregiver card contains the
1358 information described in Subsections (5)(b) and (3)(c)(i).
1359 (c) If a cardholder described in Section 26-61a-201 designates an individual as a
1360 caregiver who already holds a medical cannabis caregiver card, the individual with the medical
1361 cannabis caregiver card:
1362 (i) shall report to the department the information required of applicants under
1363 Subsection (5)(b) regarding the new designation;
1364 (ii) if the individual makes the report described in Subsection (3)(c)(i), is not required
1365 to file an application for another medical cannabis caregiver card;
1366 (iii) may receive an additional medical cannabis caregiver card in relation to each
1367 additional medical cannabis patient who designates the caregiver; and
1368 (iv) is not subject to an additional background check.
1369 (4) An individual is eligible for a medical cannabis caregiver card if the individual:
1370 (a) is at least 21 years old;
1371 (b) is a Utah resident;
1372 (c) pays to the department a fee in an amount that, subject to Subsection
1373 26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the
1374 criminal background check described in Section 26-61a-203; and
1375 (d) signs an acknowledgment stating that the applicant received the information
1376 described in Subsection 26-61a-201(9)[
1377 [
1378
1379
1380 (5) An eligible applicant for a medical cannabis caregiver card shall:
1381 (a) submit an application for a medical cannabis caregiver card to the department
1382 through an electronic application connected to the state electronic verification system; and
1383 (b) submit the following information in the application described in Subsection (5)(a):
1384 (i) the applicant's name, gender, age, and address;
1385 (ii) the name, gender, age, and address of the cardholder described in Section
1386 26-61a-201 who designated the applicant;
1387 (iii) if a medical cannabis guardian cardholder designated the caregiver, the name,
1388 gender, and age of the minor receiving a medical cannabis treatment in relation to the medical
1389 cannabis guardian cardholder; and
1390 (iv) any additional information that the department requests to assist in matching the
1391 application with the designating medical cannabis patient.
1392 (6) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the
1393 department issues under this section is valid for the lesser of:
1394 (a) an amount of time that the cardholder described in Section 26-61a-201 who
1395 designated the caregiver determines; or
1396 (b) the amount of time remaining before the card of the cardholder described in Section
1397 26-61a-201 expires.
1398 (7) (a) If a designated caregiver meets the requirements of Subsection (4), the
1399 designated caregiver's medical cannabis caregiver card renews automatically at the time the
1400 cardholder described in Section 26-61a-201 who designated the caregiver:
1401 (i) renews the cardholder's card; and
1402 (ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
1403 (b) The department shall provide a method in the card renewal process to allow a
1404 cardholder described in Section 26-61a-201 who has designated a caregiver to:
1405 (i) signify that the cardholder renews the caregiver's designation;
1406 (ii) remove a caregiver's designation; or
1407 (iii) designate a new caregiver.
1408 [
1409
1410 [
1411 [
1412 [
1413 [
1414 [
1415 card under this section in the controlled substance database.
1416 Section 12. Section 26-61a-206 is enacted to read:
1417 26-61a-206. Denial or revocation of guardian card or caregiver card.
1418 The department may deny or revoke a medical cannabis guardian card or a medical
1419 cannabis caregiver card if the applicant or cardholder:
1420 (1) violates the requirements of this chapter; or
1421 (2) unless the individual completes any imposed sentence two or more years before the
1422 day on which the individual submits the application, has been convicted of any of the following
1423 under state or federal law:
1424 (a) a drug distribution offense that is a felony within the preceding 10 years; or
1425 (b) after December 3, 2018, a drug distribution offense that is a misdemeanor.
1426 Section 13. Section 26-61a-301 is amended to read:
1427 26-61a-301. Medical cannabis pharmacy -- License -- Eligibility.
1428 (1) A person may not operate as a medical cannabis pharmacy without a license that
1429 the department issues under this part.
1430 (2) (a) (i) Subject to Subsections (4) and (5) and to Section 26-61a-305, the department
1431 shall issue a license to operate a medical cannabis pharmacy in accordance with Title 63G,
1432 Chapter 6a, Utah Procurement Code.
1433 (ii) The department may not issue a license to operate a medical cannabis pharmacy to
1434 an applicant who is not eligible for a license under this section.
1435 (b) An applicant is eligible for a license under this section if the applicant submits to
1436 the department:
1437 (i) subject to Subsection (2)(c), a proposed name and address where the applicant will
1438 operate the medical cannabis pharmacy;
1439 (ii) the name and address of an individual who:
1440 (A) for a publicly traded company, has a financial or voting interest of [
1441 greater in the proposed medical cannabis pharmacy;
1442 (B) for a privately held company, a financial or voting interest in the proposed medical
1443 cannabis pharmacy; or
1444 (C) has the power to direct or cause the management or control of a proposed medical
1445 cannabis pharmacy;
1446 (iii) [
1447
1448
1449 the applicant that the applicant will obtain and maintain:
1450 (A) a performance bond in the amount of $100,000 issued by a surety authorized to
1451 transact surety business in the state; or
1452 (B) a liquid cash account in the amount of $100,000 with a financial institution;
1453 (iv) an operating plan that:
1454 (A) complies with Section 26-61a-304;
1455 (B) includes operating procedures to comply with the operating requirements for a
1456 medical cannabis pharmacy described in this chapter and with a relevant municipal or county
1457 law that is consistent with Section 26-61a-507; and
1458 (C) the department approves;
1459 (v) an application fee in an amount that, subject to Subsection 26-61a-109(5), the
1460 department sets in accordance with Section 63J-1-504; and
1461 (vi) a description of any investigation or adverse action taken by any licensing
1462 jurisdiction, government agency, law enforcement agency, or court in any state for any
1463 violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
1464 or businesses.
1465 (c) (i) A person may not locate a medical cannabis pharmacy:
1466 (A) within 200 feet of a community location; or
1467 (B) in or within 600 feet of a district that the relevant municipality or county has zoned
1468 as primarily residential.
1469 (ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
1470 from the nearest entrance to the medical cannabis pharmacy establishment by following the
1471 shortest route of ordinary pedestrian travel to the property boundary of the community location
1472 or residential area.
1473 (iii) The department may grant a waiver to reduce the proximity requirements in
1474 Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible
1475 for the applicant to site the proposed medical cannabis pharmacy without the waiver.
1476 (iv) An applicant for a license under this section shall provide evidence of compliance
1477 with the proximity requirements described in Subsection (2)(c)(i).
1478 (d) The department may not issue a license to an eligible applicant that the department
1479 has selected to receive a license until the selected eligible applicant [
1480
1481 (2)(b)(iii).
1482 (e) If the department receives more than one application for a medical cannabis
1483 pharmacy within the same city or town, the department shall consult with the local land use
1484 authority before approving any of the applications pertaining to that city or town.
1485 (3) If the department selects an applicant for a medical cannabis pharmacy license
1486 under this section, the department shall:
1487 (a) charge the applicant an initial license fee in an amount that, subject to Subsection
1488 26-61a-109(5), the department sets in accordance with Section 63J-1-504;
1489 (b) notify the Department of Public Safety of the license approval and the names of
1490 each individual described in Subsection (2)(b)(ii); and
1491 (c) charge the licensee a fee in an amount that, subject to Subsection 26-61a-109(5),
1492 the department sets in accordance with Section 63J-1-504, for any change in location,
1493 ownership, or company structure.
1494 (4) The department may not issue a license to operate a medical cannabis pharmacy to
1495 an applicant if an individual described in Subsection (2)(b)(ii):
1496 (a) has been convicted under state or federal law of:
1497 (i) a felony; or
1498 (ii) after December 3, 2018, a misdemeanor for drug distribution;
1499 (b) is younger than 21 years old; or
1500 (c) after September 23, 2019, until January 1, 2023, is actively serving as a legislator.
1501 (5) (a) If an applicant for a medical cannabis pharmacy license under this section holds
1502 a license under Title 4, Chapter 41, Hemp and Cannabinoid Act, the department may not give
1503 preference to the applicant based on the applicant's status as a holder of the license.
1504 (b) If an applicant for a medical cannabis pharmacy license under this section holds a
1505 license to operate a cannabis cultivation facility under Title 4, Chapter 41a, Cannabis
1506 Production Establishments, the department:
1507 (i) shall consult with the Department of Agriculture and Food regarding the applicant;
1508 and
1509 (ii) may give consideration to the applicant based on the applicant's status as a holder
1510 of a license to operate a cannabis cultivation facility if:
1511 (A) the applicant demonstrates that a decrease in costs to patients is more likely to
1512 result from the applicant's vertical integration than from a more competitive marketplace; and
1513 (B) the department finds multiple other factors, in addition to the existing license, that
1514 support granting the new license.
1515 (6) (a) The department may revoke a license under this part:
1516 (i) if the medical cannabis pharmacy does not begin operations within one year after
1517 the day on which the department issues an announcement of the department's intent to award a
1518 license to the medical cannabis pharmacy;
1519 (ii) after the third the same violation of this chapter in any of the licensee's licensed
1520 cannabis production establishments or medical cannabis pharmacies;
1521 (iii) if an individual described in Subsection (2)(b)(ii) is convicted, while the license is
1522 active, under state or federal law of:
1523 (A) a felony; or
1524 (B) after December 3, 2018, a misdemeanor for drug distribution;
1525 (iv) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at
1526 the time of application, or fails to supplement the information described in Subsection
1527 (2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
1528 application within 14 calendar days after the licensee receives notice of the investigation or
1529 adverse action;
1530 (v) if the medical cannabis pharmacy demonstrates a willful or reckless disregard for
1531 the requirements of this chapter or the rules the department makes in accordance with this
1532 chapter; or
1533 (vi) if, after a change of ownership described in Subsection (11)(c), the department
1534 determines that the medical cannabis pharmacy no longer meets the minimum standards for
1535 licensure and operation of the medical cannabis pharmacy described in this chapter.
1536 (b) The department shall rescind a notice of an intent to issue a license under this part
1537 to an applicant or revoke a license issued under this part if the associated medical cannabis
1538 pharmacy does not begin operation on or before June 1, 2021.
1539 (7) (a) A person who receives a medical cannabis pharmacy license under this chapter,
1540 if the municipality or county where the licensed medical cannabis pharmacy will be located
1541 requires a local land use permit, shall submit to the department a copy of the licensee's
1542 approved application for the land use permit within 120 days after the day on which the
1543 department issues the license.
1544 (b) If a licensee fails to submit to the department a copy the licensee's approved land
1545 use permit application in accordance with Subsection (7)(a), the department may revoke the
1546 licensee's license.
1547 (8) The department shall deposit the proceeds of a fee imposed by this section into the
1548 Qualified Patient Enterprise Fund.
1549 (9) The department shall begin accepting applications under this part on or before
1550 March 1, 2020.
1551 (10) (a) The department's authority to issue a license under this section is plenary and is
1552 not subject to review.
1553 (b) Notwithstanding Subsection (2), the decision of the department to award a license
1554 to an applicant is not subject to:
1555 (i) Title 63G, Chapter 6a, Part 16, Protests; or
1556 (ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
1557 (11) (a) A medical cannabis pharmacy license is not transferrable or assignable.
1558 (b) A medical cannabis pharmacy shall report in writing to the department no later than
1559 10 business days before the date of any change of ownership of the medical cannabis
1560 pharmacy.
1561 (c) If the ownership of a medical cannabis pharmacy changes by 50% or more:
1562 (i) concurrent with the report described in Subsection (11)(b), the medical cannabis
1563 pharmacy shall submit a new application described in Subsection (2)(b), subject to Subsection
1564 (2)(c);
1565 (ii) within 30 days of the submission of the application, the department shall:
1566 (A) conduct an application review; and
1567 (B) award a license to the medical cannabis pharmacy for the remainder of the term of
1568 the medical cannabis pharmacy's license before the ownership change if the medical cannabis
1569 pharmacy meets the minimum standards for licensure and operation of the medical cannabis
1570 pharmacy described in this chapter; and
1571 (iii) if the department approves the license application, notwithstanding Subsection (3),
1572 the medical cannabis pharmacy shall pay a license fee that the department sets in accordance
1573 with Section 63J-1-504 in an amount that covers the board's cost of conducting the application
1574 review.
1575 Section 14. Section 26-61a-302 is amended to read:
1576 26-61a-302. Medical cannabis pharmacy owners and directors -- Criminal
1577 background checks.
1578 (1) Each applicant to whom the department issues a notice of intent to award a license
1579 to operate as a medical cannabis pharmacy shall submit, before the department may award the
1580 license, from each individual who has a financial or voting interest of [
1581 applicant or who has the power to direct or cause the management or control of the applicant:
1582 (a) a fingerprint card in a form acceptable to the Department of Public Safety;
1583 (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
1584 registration of the individual's fingerprints in the Federal Bureau of Investigation Next
1585 Generation Identification System's Rap Back Service; and
1586 (c) consent to a fingerprint background check by:
1587 (i) the Bureau of Criminal Identification; and
1588 (ii) the Federal Bureau of Investigation.
1589 (2) The Bureau of Criminal Identification shall:
1590 (a) check the fingerprints the applicant submits under Subsection (1) against the
1591 applicable state, regional, and national criminal records databases, including the Federal
1592 Bureau of Investigation Next Generation Identification System;
1593 (b) report the results of the background check to the department;
1594 (c) maintain a separate file of fingerprints that applicants submit under Subsection (1)
1595 for search by future submissions to the local and regional criminal records databases, including
1596 latent prints;
1597 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1598 Generation Identification System's Rap Back Service for search by future submissions to
1599 national criminal records databases, including the Next Generation Identification System and
1600 latent prints; and
1601 (e) establish a privacy risk mitigation strategy to ensure that the department only
1602 receives notifications for an individual with whom the department maintains an authorizing
1603 relationship.
1604 (3) The department shall:
1605 (a) assess an individual who submits fingerprints under Subsection (1) a fee in an
1606 amount that the department sets in accordance with Section 63J-1-504 for the services that the
1607 Bureau of Criminal Identification or another authorized agency provides under this section; and
1608 (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
1609 Identification.
1610 Section 15. Section 26-61a-401 is amended to read:
1611 26-61a-401. Medical cannabis pharmacy agent -- Registration.
1612 (1) An individual may not serve as a medical cannabis pharmacy agent of a medical
1613 cannabis pharmacy unless the department registers the individual as a medical cannabis
1614 pharmacy agent.
1615 (2) A recommending medical provider may not act as a medical cannabis pharmacy
1616 agent, have a financial or voting interest of 2% or greater in a medical cannabis pharmacy, or
1617 have the power to direct or cause the management or control of a medical cannabis pharmacy.
1618 (3) (a) The department shall, within 15 days after the day on which the department
1619 receives a complete application from a medical cannabis pharmacy on behalf of a prospective
1620 medical cannabis pharmacy agent, register and issue a medical cannabis pharmacy agent
1621 registration card to the prospective agent if the medical cannabis pharmacy:
1622 (i) provides to the department:
1623 (A) the prospective agent's name and address;
1624 (B) the name and location of the licensed medical cannabis pharmacy where the
1625 prospective agent seeks to act as the medical cannabis pharmacy agent; and
1626 (C) the submission required under Subsection (3)(b); and
1627 (ii) pays a fee to the department in an amount that, subject to Subsection
1628 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
1629 (b) [
1630
1631
1632 Subsection (3)(a) shall:
1633 (i) submit to the department:
1634 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
1635 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
1636 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
1637 Generation Identification System's Rap Back Service; and
1638 (ii) consent to a fingerprint background check by:
1639 (A) the Bureau of Criminal Identification; and
1640 (B) the Federal Bureau of Investigation.
1641 (c) The Bureau of Criminal Identification shall:
1642 (i) check the fingerprints the prospective agent submits under Subsection (3)(b) against
1643 the applicable state, regional, and national criminal records databases, including the Federal
1644 Bureau of Investigation Next Generation Identification System;
1645 (ii) report the results of the background check to the department;
1646 (iii) maintain a separate file of fingerprints that prospective agents submit under
1647 Subsection (3)(b) for search by future submissions to the local and regional criminal records
1648 databases, including latent prints;
1649 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1650 Generation Identification System's Rap Back Service for search by future submissions to
1651 national criminal records databases, including the Next Generation Identification System and
1652 latent prints; and
1653 (v) establish a privacy risk mitigation strategy to ensure that the department only
1654 receives notifications for an individual with whom the department maintains an authorizing
1655 relationship.
1656 (d) The department shall:
1657 (i) assess an individual who submits fingerprints under Subsection (3)(b) a fee in an
1658 amount that the department sets in accordance with Section 63J-1-504 for the services that the
1659 Bureau of Criminal Identification or another authorized agency provides under this section; and
1660 (ii) remit the fee described in Subsection (3)(d)(i) to the Bureau of Criminal
1661 Identification.
1662 (4) The department shall designate, on an individual's medical cannabis pharmacy
1663 agent registration card the name of the medical cannabis pharmacy where the individual is
1664 registered as an agent.
1665 (5) A medical cannabis pharmacy agent shall comply with a certification standard that
1666 the department develops in collaboration with the Division of Professional Licensing and the
1667 Board of Pharmacy, or a third-party certification standard that the department designates by
1668 rule, in collaboration with the Division of Professional Licensing and the Board of Pharmacy
1669 and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1670 (6) The department shall ensure that the certification standard described in Subsection
1671 (5) includes training in:
1672 (a) Utah medical cannabis law; and
1673 (b) medical cannabis pharmacy best practices.
1674 (7) The department may revoke the medical cannabis pharmacy agent registration card
1675 of, or refuse to issue a medical cannabis pharmacy agent registration card to, an individual
1676 who:
1677 (a) violates the requirements of this chapter; or
1678 (b) is convicted under state or federal law of:
1679 (i) a felony within the preceding 10 years; or
1680 (ii) after December 3, 2018, a misdemeanor for drug distribution.
1681 (8) (a) A medical cannabis pharmacy agent registration card expires two years after the
1682 day on which the department issues or renews the card.
1683 (b) A medical cannabis pharmacy agent may renew the agent's registration card if the
1684 agent:
1685 (i) is eligible for a medical cannabis pharmacy agent registration card under this
1686 section;
1687 (ii) certifies to the department in a renewal application that the information in
1688 Subsection (3)(a) is accurate or updates the information; and
1689 (iii) pays to the department a renewal fee in an amount that:
1690 (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
1691 Section 63J-1-504; and
1692 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
1693 comparison to the original application process.
1694 (9) (a) As a condition precedent to registration and renewal of a medical cannabis
1695 pharmacy agent registration card, a medical cannabis pharmacy agent shall:
1696 (i) complete at least one hour of continuing education regarding patient privacy and
1697 federal health information privacy laws that is offered by the department under Subsection
1698 (9)(b) or an accredited or approved continuing education provider that the department
1699 recognizes as offering continuing education appropriate for the medical cannabis pharmacy
1700 practice; and
1701 (ii) make a continuing education report to the department in accordance with a process
1702 that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
1703 Administrative Rulemaking Act, and in collaboration with the Division of Professional
1704 Licensing and the Board of Pharmacy.
1705 (b) The department may, in consultation with the Division of Professional Licensing,
1706 develop the continuing education described in this Subsection (9).
1707 (c) The pharmacist-in-charge described in Section 26-61a-403 shall ensure that each
1708 medical cannabis pharmacy agent working in the medical cannabis pharmacy who has access to
1709 the state electronic verification system is in compliance with this Subsection (9).
1710 (10) A medical cannabis pharmacy shall:
1711 (a) maintain a list of employees that have a medical cannabis pharmacy agent
1712 registration card; and
1713 (b) provide the list to the department upon request.
1714 Section 16. Section 26-61a-403 is amended to read:
1715 26-61a-403. Pharmacy medical providers -- Registration -- Continuing education.
1716 (1) (a) A medical cannabis pharmacy:
1717 (i) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
1718 Practice Act, as a pharmacy medical provider;
1719 (ii) may employ a physician who has the authority to write a prescription and is
1720 licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
1721 Osteopathic Medical Practice Act, as a pharmacy medical provider;
1722 (iii) shall ensure that a pharmacy medical provider described in Subsection (1)(a)(i)
1723 works onsite during all business hours; and
1724 (iv) shall designate one pharmacy medical provider described in Subsection (1)(a)(i) as
1725 the pharmacist-in-charge to oversee the operation of and generally supervise the medical
1726 cannabis pharmacy.
1727 (b) An individual may not serve as a pharmacy medical provider unless the department
1728 registers the individual as a pharmacy medical provider in accordance with Subsection (2).
1729 (2) (a) The department shall, within 15 days after the day on which the department
1730 receives an application from a medical cannabis pharmacy on behalf of a prospective pharmacy
1731 medical provider, register and issue a pharmacy medical provider registration card to the
1732 prospective pharmacy medical provider if the medical cannabis pharmacy:
1733 (i) provides to the department:
1734 (A) the prospective pharmacy medical provider's name and address;
1735 (B) the name and location of the licensed medical cannabis pharmacy where the
1736 prospective pharmacy medical provider seeks to act as a pharmacy medical provider;
1737 (C) a report detailing the completion of the continuing education requirement described
1738 in Subsection (3); and
1739 (D) evidence that the prospective pharmacy medical provider is a pharmacist who is
1740 licensed under Title 58, Chapter 17b, Pharmacy Practice Act, or a physician who has the
1741 authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical
1742 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
1743 (ii) pays a fee to the department in an amount that, subject to Subsection
1744 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
1745 (b) The department may not register a recommending medical provider [
1746
1747 (3) (a) A pharmacy medical provider shall complete the continuing education described
1748 in this Subsection (3) in the following amounts:
1749 (i) as a condition precedent to registration, four hours; and
1750 (ii) as a condition precedent to renewal of the registration, four hours every two years.
1751 (b) In accordance with Subsection (3)(a), the pharmacy medical provider shall:
1752 (i) complete continuing education:
1753 (A) regarding the topics described in Subsection (3)(d); and
1754 (B) offered by the department under Subsection (3)(c) or an accredited or approved
1755 continuing education provider that the department recognizes as offering continuing education
1756 appropriate for the medical cannabis pharmacy practice; and
1757 (ii) make a continuing education report to the department in accordance with a process
1758 that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
1759 Administrative Rulemaking Act, and in collaboration with the Division of Professional
1760 Licensing and:
1761 (A) for a pharmacy medical provider who is licensed under Title 58, Chapter 17b,
1762 Pharmacy Practice Act, the Board of Pharmacy;
1763 (B) for a pharmacy medical provider licensed under Title 58, Chapter 67, Utah Medical
1764 Practice Act, the Physicians Licensing Board; and
1765 (C) for a pharmacy medical provider licensed under Title 58, Chapter 68, Utah
1766 Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
1767 (c) The department may, in consultation with the Division of Professional Licensing,
1768 develop the continuing education described in this Subsection (3).
1769 (d) The continuing education described in this Subsection (3) may discuss:
1770 (i) the provisions of this chapter;
1771 (ii) general information about medical cannabis under federal and state law;
1772 (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
1773 including risks and benefits;
1774 (iv) recommendations for medical cannabis as it relates to the continuing care of a
1775 patient in pain management, risk management, potential addiction, and palliative care; or
1776 (v) best practices for recommending the form and dosage of a medical cannabis
1777 product based on the qualifying condition underlying a medical cannabis recommendation.
1778 (4) (a) A pharmacy medical provider registration card expires two years after the day
1779 on which the department issues or renews the card.
1780 (b) A pharmacy medical provider may renew the provider's registration card if the
1781 provider:
1782 (i) is eligible for a pharmacy medical provider registration card under this section;
1783 (ii) certifies to the department in a renewal application that the information in
1784 Subsection (2)(a) is accurate or updates the information;
1785 (iii) submits a report detailing the completion of the continuing education requirement
1786 described in Subsection (3); and
1787 (iv) pays to the department a renewal fee in an amount that:
1788 (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
1789 Section 63J-1-504; and
1790 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
1791 comparison to the original application process.
1792 (5) (a) Except as provided in Subsection (5)(b), a person may not advertise that the
1793 person or another person dispenses medical cannabis.
1794 (b) Notwithstanding Subsection (5)(a) and subject to Section 26-61a-116, a registered
1795 pharmacy medical provider may advertise the following:
1796 (i) a green cross;
1797 (ii) that the person is registered as a pharmacy medical provider and dispenses medical
1798 cannabis; or
1799 (iii) a scientific study regarding medical cannabis use.
1800 Section 17. Section 26-61a-501 is amended to read:
1801 26-61a-501. Operating requirements -- General.
1802 (1) (a) A medical cannabis pharmacy shall operate:
1803 (i) at the physical address provided to the department under Section 26-61a-301; and
1804 (ii) in accordance with the operating plan provided to the department under Section
1805 26-61a-301 and, if applicable, Section 26-61a-304.
1806 (b) A medical cannabis pharmacy shall notify the department before a change in the
1807 medical cannabis pharmacy's physical address or operating plan.
1808 (2) An individual may not enter a medical cannabis pharmacy unless the individual:
1809 (a) is at least 18 years old or is an emancipated minor under Section 80-7-105; and
1810 (b) except as provided in Subsection (4):
1811 (i) possesses a valid:
1812 (A) medical cannabis pharmacy agent registration card;
1813 (B) pharmacy medical provider registration card; or
1814 (C) medical cannabis card;
1815 (ii) is an employee of the department or the Department of Agriculture and Food
1816 performing an inspection under Section 26-61a-504; or
1817 (iii) is another individual as the department provides.
1818 (3) A medical cannabis pharmacy may not employ an individual who is younger than
1819 21 years old.
1820 (4) Notwithstanding Subsection (2)(a), a medical cannabis pharmacy may authorize an
1821 individual who is not a medical cannabis pharmacy agent or pharmacy medical provider to
1822 access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and monitors
1823 the individual at all times while the individual is at the medical cannabis pharmacy and
1824 maintains a record of the individual's access.
1825 (5) A medical cannabis pharmacy shall operate in a facility that has:
1826 (a) a single, secure public entrance;
1827 (b) a security system with a backup power source that:
1828 (i) detects and records entry into the medical cannabis pharmacy; and
1829 (ii) provides notice of an unauthorized entry to law enforcement when the medical
1830 cannabis pharmacy is closed; and
1831 (c) a lock on each area where the medical cannabis pharmacy stores cannabis or a
1832 cannabis product.
1833 (6) A medical cannabis pharmacy shall post, both clearly and conspicuously in the
1834 medical cannabis pharmacy, the limit on the purchase of cannabis described in Subsection
1835 26-61a-502(2).
1836 (7) Except for an emergency situation described in Subsection 26-61a-201(3)(c), a
1837 medical cannabis pharmacy may not allow any individual to consume cannabis on the property
1838 or premises of the medical cannabis pharmacy.
1839 (8) A medical cannabis pharmacy may not sell cannabis or a cannabis product without
1840 first indicating on the cannabis or cannabis product label the name of the medical cannabis
1841 pharmacy.
1842 (9) (a) Each medical cannabis pharmacy shall retain in the pharmacy's records the
1843 following information regarding each recommendation underlying a transaction:
1844 (i) the recommending medical provider's name, address, and telephone number;
1845 (ii) the patient's name and address;
1846 (iii) the date of issuance;
1847 (iv) directions of use and dosing guidelines or an indication that the recommending
1848 medical provider did not recommend specific directions of use or dosing guidelines; and
1849 (v) if the patient did not complete the transaction, the name of the medical cannabis
1850 cardholder who completed the transaction.
1851 (b) (i) Except as provided in Subsection (9)(b)(iii), a medical cannabis pharmacy may
1852 not sell medical cannabis unless the medical cannabis has a label securely affixed to the
1853 container indicating the following minimum information:
1854 (A) the name, address, and telephone number of the medical cannabis pharmacy;
1855 (B) the unique identification number that the medical cannabis pharmacy assigns;
1856 (C) the date of the sale;
1857 (D) the name of the patient;
1858 (E) the name of the recommending medical provider who recommended the medical
1859 cannabis treatment;
1860 (F) directions for use and cautionary statements, if any;
1861 (G) the amount dispensed and the cannabinoid content;
1862 (H) the suggested use date;
1863 (I) for unprocessed cannabis flower, the legal use termination date; and
1864 (J) any other requirements that the department determines, in consultation with the
1865 Division of Professional Licensing and the Board of Pharmacy.
1866 (ii) A medical cannabis pharmacy is exempt from the requirement to provide the
1867 following information under Subsection (9)(b)(i) if the information is already provided on the
1868 product label that a cannabis production establishment affixes:
1869 (A) a unique identification number;
1870 (B) directions for use and cautionary statements;
1871 (C) amount and cannabinoid content; and
1872 (D) a suggested use date.
1873 (iii) If the size of a medical cannabis container does not allow sufficient space to
1874 include the labeling requirements described in Subsection (9)(b)(i), the medical cannabis
1875 pharmacy may provide the following information described in Subsection (9)(b)(i) on a
1876 supplemental label attached to the container or an informational enclosure that accompanies the
1877 container:
1878 (A) the cannabinoid content;
1879 (B) the suggested use date; and
1880 (C) any other requirements that the department determines.
1881 (iv) A medical cannabis pharmacy may sell medical cannabis to another medical
1882 cannabis pharmacy without a label described in Subsection (9)(b)(i).
1883 (10) A pharmacy medical provider or medical cannabis pharmacy agent shall:
1884 (a) upon receipt of an order from a limited medical provider in accordance with
1885 Subsections 26-61a-106(1)(b) through (d):
1886 (i) for a written order or an electronic order under circumstances that the department
1887 determines, contact the limited medical provider or the limited medical provider's office to
1888 verify the validity of the recommendation; and
1889 (ii) for an order that the pharmacy medical provider or medical cannabis pharmacy
1890 agent verifies under Subsection (10)(a)(i) or an electronic order that is not subject to
1891 verification under Subsection (10)(a)(i), enter the limited medical provider's recommendation
1892 or renewal, including any associated directions of use, dosing guidelines, or caregiver
1893 indication, in the state electronic verification system;
1894 (b) in processing an order for a holder of a conditional medical cannabis card described
1895 in Subsection 26-61a-201(1)(b) that appears irregular or suspicious in the judgment of the
1896 pharmacy medical provider or medical cannabis pharmacy agent, contact the recommending
1897 medical provider or the recommending medical provider's office to verify the validity of the
1898 recommendation before processing the cardholder's order;
1899 (c) unless the medical cannabis cardholder has had a consultation under Subsection
1900 26-61a-502(4), [
1901 purchase of cannabis, a cannabis product, or a medical cannabis device, personal counseling
1902 with the pharmacy medical provider; and
1903 (d) provide a telephone number or website by which the cardholder may contact a
1904 pharmacy medical provider for counseling.
1905 (11) (a) A medical cannabis pharmacy may create a medical cannabis disposal program
1906 that allows an individual to deposit unused or excess medical cannabis, cannabis residue from a
1907 medical cannabis device, or medical cannabis product in a locked box or other secure
1908 receptacle within the medical cannabis pharmacy.
1909 (b) A medical cannabis pharmacy with a disposal program described in Subsection
1910 (11)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy medical provider
1911 can access deposited medical cannabis or medical cannabis products.
1912 (c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis or
1913 medical cannabis products by:
1914 (i) rendering the deposited medical cannabis or medical cannabis products unusable
1915 and unrecognizable before transporting deposited medical cannabis or medical cannabis
1916 products from the medical cannabis pharmacy; and
1917 (ii) disposing of the deposited medical cannabis or medical cannabis products in
1918 accordance with:
1919 (A) federal and state law, rules, and regulations related to hazardous waste;
1920 (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
1921 (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
1922 (D) other regulations that the department makes in accordance with Title 63G, Chapter
1923 3, Utah Administrative Rulemaking Act.
1924 (12) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
1925 Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
1926 by a medical cannabis pharmacy.
1927 Section 18. Section 26-61a-502 is amended to read:
1928 26-61a-502. Dispensing -- Amount a medical cannabis pharmacy may dispense --
1929 Reporting -- Form of cannabis or cannabis product.
1930 (1) (a) A medical cannabis pharmacy may not sell a product other than, subject to this
1931 chapter:
1932 (i) cannabis in a medicinal dosage form that the medical cannabis pharmacy acquired
1933 from another medical cannabis pharmacy or a cannabis processing facility that is licensed
1934 under Section 4-41a-201;
1935 (ii) a cannabis product in a medicinal dosage form that the medical cannabis pharmacy
1936 acquired from another medical cannabis pharmacy or a cannabis processing facility that is
1937 licensed under Section 4-41a-201;
1938 (iii) a medical cannabis device; or
1939 (iv) educational material related to the medical use of cannabis.
1940 (b) A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to
1941 an individual with:
1942 (i) (A) a medical cannabis card;
1943 (B) a department registration described in Section 26-61a-201(10); and
1944 (ii) a corresponding [
1945 (c) Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a
1946 cannabis-based drug that the United States Food and Drug Administration has approved.
1947 (d) Notwithstanding Subsection (1)(b), a medical cannabis pharmacy may not sell a
1948 medical cannabis device or medical cannabis product to an individual described in Subsection
1949 26-61a-201(2)(a)(i)(B) or to a minor described in Subsection 26-61a-201(2)(c) unless the
1950 individual or minor has the approval of the Compassionate Use Board in accordance with
1951 Subsection 26-61a-105(5)(b).
1952 (2) A medical cannabis pharmacy:
1953 (a) may dispense to a medical cannabis cardholder, in any one 28-day period, up to the
1954 legal dosage limit of:
1955 (i) unprocessed cannabis that:
1956 (A) is in a medicinal dosage form; and
1957 (B) carries a label clearly displaying the amount of tetrahydrocannabinol and
1958 cannabidiol in the cannabis; and
1959 (ii) a cannabis product that is in a medicinal dosage form; and
1960 (b) may not dispense:
1961 (i) more medical cannabis than described in Subsection (2)(a); or
1962 (ii) to an individual whose recommending medical provider did not recommend
1963 directions of use and dosing guidelines, until the individual consults with the pharmacy
1964 medical provider in accordance with Subsection (4), any medical cannabis.
1965 (3) An individual with a medical cannabis card:
1966 (a) may purchase, in any one 28-day period, up to the legal dosage limit of:
1967 (i) unprocessed cannabis in a medicinal dosage form; and
1968 (ii) a cannabis product in a medicinal dosage form;
1969 (b) may not purchase:
1970 (i) more medical cannabis than described in Subsection (3)(a); or
1971 (ii) if the relevant recommending medical provider did not recommend directions of
1972 use and dosing guidelines, until the individual consults with the pharmacy medical provider in
1973 accordance with Subsection (4), any medical cannabis; and
1974 (c) may not use a route of administration that the relevant recommending medical
1975 provider or the pharmacy medical provider, in accordance with Subsection (4) or (5), has not
1976 recommended.
1977 (4) If a recommending medical provider recommends treatment with medical cannabis
1978 but wishes for the pharmacy medical provider to determine directions of use and dosing
1979 guidelines:
1980 (a) the recommending medical provider shall provide to the pharmacy medical
1981 provider, either through the state electronic verification system or through a medical cannabis
1982 pharmacy's recording of a recommendation under the order of a limited medical provider, any
1983 of the following information that the recommending medical provider feels would be needed to
1984 provide appropriate directions of use and dosing guidelines:
1985 (i) information regarding the qualifying condition underlying the recommendation;
1986 (ii) information regarding prior treatment attempts with medical cannabis; and
1987 (iii) portions of the patient's current medication list; and
1988 (b) before the relevant medical cannabis cardholder may obtain medical cannabis, the
1989 pharmacy medical provider shall:
1990 (i) review pertinent medical records, including the recommending medical provider
1991 documentation described in Subsection (4)(a); and
1992 (ii) [
1993
1994 completing the review described in Subsection (4)(b)(i) and consulting with the recommending
1995 medical provider as needed, determine the best course of treatment through consultation with
1996 the cardholder regarding:
1997 (A) the patient's qualifying condition underlying the recommendation from the
1998 recommending medical provider;
1999 (B) indications for available treatments;
2000 (C) directions of use and dosing guidelines; and
2001 (D) potential adverse reactions.
2002 [
2003
2004
2005 [
2006
2007
2008 [
2009 (i) (A) access the state electronic verification system before dispensing cannabis or a
2010 cannabis product to a medical cannabis cardholder in order to determine if the cardholder or,
2011 where applicable, the associated patient has met the maximum amount of medical cannabis
2012 described in Subsection (2); and
2013 (B) if the verification in Subsection [
2014 met the maximum amount described in Subsection (2), decline the sale, and notify the
2015 recommending medical provider who made the underlying recommendation;
2016 (ii) submit a record to the state electronic verification system each time the medical
2017 cannabis pharmacy dispenses medical cannabis to a medical cannabis cardholder;
2018 (iii) ensure that the pharmacy medical provider who is a licensed pharmacist reviews
2019 each medical cannabis transaction before dispensing the medical cannabis to the cardholder in
2020 accordance with pharmacy practice standards;
2021 (iv) package any medical cannabis that is in a container that:
2022 (A) complies with Subsection 4-41a-602(1)(b) or, if applicable, provisions related to a
2023 container for unprocessed cannabis flower in the definition of "medicinal dosage form" in
2024 Section 26-61a-102;
2025 (B) is tamper-resistant and tamper-evident; and
2026 (C) provides an opaque bag or box for the medical cannabis cardholder's use in
2027 transporting the container in public; [
2028 (v) for a product that is a cube that is designed for ingestion through chewing or
2029 holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
2030 of over-consumption[
2031 (vi) beginning January 1, 2024, for a cannabis product that is cannabis flower,
2032 vaporizer cartridges, or concentrate, provide the product's terpene profiles collected under
2033 Subsection 4-41a-602(4) at or before the point of sale.
2034 (b) A medical cannabis cardholder transporting or possessing the container described
2035 in Subsection [
2036 box that the medical cannabis pharmacist provides.
2037 [
2038 pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device
2039 that is intentionally designed or constructed to resemble a cigarette.
2040 (b) A medical cannabis pharmacy may sell a medical cannabis device that warms
2041 cannabis material into a vapor without the use of a flame and that delivers cannabis to an
2042 individual's respiratory system.
2043 [
2044 medical cannabis pharmacy is allowed to sell under Subsection (1)(a)(i), (ii), or (iii).
2045 (b) A medical cannabis pharmacy may give, at no cost, educational material related to
2046 the medical use of cannabis.
2047 [
2048 transaction in a medical cannabis pharmacy in an amount that, subject to Subsection
2049 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
2050 [
2051 devices regardless of whether the seller has a cannabis-related license under this title or Title 4,
2052 Chapter 41a, Cannabis Production Establishments.
2053 Section 19. Section 26-61a-503 is amended to read:
2054 26-61a-503. Partial filling.
2055 (1) As used in this section, "partially fill" means to provide less than the full amount of
2056 cannabis or cannabis product that the recommending medical provider recommends, if the
2057 recommending medical provider recommended specific dosing [
2058 (2) A pharmacy medical provider may partially fill a recommendation for a medical
2059 cannabis treatment at the request of the recommending medical provider who issued the
2060 medical cannabis treatment recommendation or the medical cannabis cardholder.
2061 (3) The department shall make rules, in collaboration with the Division of Professional
2062 Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
2063 Administrative Rulemaking Act, specifying how to record the date, quantity supplied, and
2064 quantity remaining of a partially filled medical cannabis treatment recommendation.
2065 (4) A pharmacy medical provider who is a pharmacist may, upon the request of a
2066 medical cannabis cardholder, determine different dosing [
2067 dosing limits in Subsection 26-61a-502(2), to fill the quantity remaining of a partially filled
2068 medical cannabis treatment recommendation if:
2069 (a) the pharmacy medical provider determined dosing [
2070 partial fill under Subsection 26-61a-502(4) [
2071 (b) the medical cannabis cardholder reports that:
2072 (i) the partial fill did not substantially affect the qualifying condition underlying the
2073 medical cannabis recommendation; or
2074 (ii) the patient experienced an adverse reaction to the partial fill or was otherwise
2075 unable to successfully use the partial fill.
2076 Section 20. Section 26-61a-505 is amended to read:
2077 26-61a-505. Advertising.
2078 (1) Except as provided in this section, a person may not advertise in any medium
2079 regarding a medical cannabis pharmacy or the dispensing of medical cannabis within the state.
2080 (2) [
2081 (a) advertise an employment opportunity at the medical cannabis pharmacy;
2082 (b) notwithstanding any municipal or county ordinance prohibiting signage, use
2083 signage on the outside of the medical cannabis pharmacy that:
2084 (i) includes only:
2085 (A) in accordance with Subsection [
2086 cannabis pharmacy's name, logo, and hours of operation; and
2087 (B) a green cross; and
2088 (ii) complies with local ordinances regulating signage;
2089 (c) advertise in any medium:
2090 (i) the pharmacy's name and logo;
2091 (ii) the location and hours of operation of the medical cannabis pharmacy;
2092 (iii) a service available at the medical cannabis pharmacy;
2093 (iv) personnel affiliated with the medical cannabis pharmacy;
2094 (v) whether the medical cannabis pharmacy is licensed as a home delivery medical
2095 cannabis pharmacy;
2096 (vi) best practices that the medical cannabis pharmacy upholds; and
2097 (vii) educational material related to the medical use of cannabis, as defined by the
2098 department;
2099 (d) hold an educational event for the public or medical providers in accordance with
2100 Subsection (3) and the rules described in Subsection (4); [
2101 (e) maintain on the medical cannabis pharmacy's website non-promotional information
2102 regarding the medical cannabis pharmacy's inventory[
2103 (f) engage in targeted marketing, as determined by the department through rule, for
2104 advertising a particular medical cannabis product, medical cannabis device, or medical
2105 cannabis brand.
2106 (3) A medical cannabis pharmacy may not include in an educational event described in
2107 Subsection (2)(d):
2108 (a) any topic that conflicts with this chapter or Title 4, Chapter 41a, Cannabis
2109 Production Establishments;
2110 (b) any gift items or merchandise other than educational materials, as those terms are
2111 defined by the department;
2112 (c) any marketing for a specific product from the medical cannabis pharmacy or any
2113 other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic
2114 Act, 21 U.S.C. Sec. 301, et seq.; or
2115 (d) a presenter other than the following:
2116 (i) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
2117 (ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
2118 Practice Act;
2119 (iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2120 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
2121 (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
2122 Assistant Act;
2123 (v) a medical practitioner, similar to the practitioners described in this Subsection
2124 (3)(d)(v), who is licensed in another state or country;
2125 (vi) a state employee; or
2126 (vii) if the presentation relates to a cannabis topic other than medical treatment or
2127 medical conditions, an individual whom the department approves based on the individual's
2128 background and credentials in the presented topic.
2129 (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
2130 Administrative Rulemaking Act, to define:
2131 (a) the educational material described in Subsection (2)(c)(vii); and
2132 (b) the elements of and restrictions on the educational event described in Subsection
2133 (3), including:
2134 (i) a minimum age of 21 years old for attendees; and
2135 (ii) an exception to the minimum age for a medical cannabis patient cardholder who is
2136 at least 18 years old.
2137 Section 21. Section 26-61a-506 is amended to read:
2138 26-61a-506. Medical cannabis transportation.
2139 (1) Only the following individuals may transport medical cannabis under this chapter:
2140 (a) a registered medical cannabis pharmacy agent;
2141 (b) a registered medical cannabis courier agent;
2142 (c) a registered pharmacy medical provider; or
2143 (d) a medical cannabis cardholder who is transporting a medical cannabis treatment
2144 that the cardholder is authorized to transport.
2145 (2) Except for an individual with a valid medical cannabis card under this chapter who
2146 is transporting a medical cannabis treatment that the cardholder is authorized to transport, an
2147 individual described in Subsection (1) shall:
2148 (a) be currently employed by the medical cannabis pharmacy or the medical cannabis
2149 courier that is authorizing the individual to transport the medical cannabis; and
2150 (b) possess a transportation manifest that:
2151 [
2152 relevant inventory control system;
2153 [
2154 individual is transporting; and
2155 [
2156 transporting the medical cannabis.
2157 (3) (a) In addition to the requirements in Subsections (1) and (2), the department may
2158 establish by rule, in collaboration with the Division of Professional Licensing and the Board of
2159 Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2160 requirements for transporting medical cannabis to ensure that the medical cannabis remains
2161 safe for human consumption.
2162 (b) The transportation described in Subsection (1)(a) is limited to transportation
2163 between a medical cannabis pharmacy and:
2164 (i) another medical cannabis pharmacy; or
2165 (ii) for a medical cannabis shipment, a [
2166 address.
2167 (4) (a) It is unlawful for an individual described in Subsection (1) to make a transport
2168 described in this section with a manifest that does not meet the requirements of this section.
2169 (b) Except as provided in Subsection (4)(d), an individual who violates Subsection
2170 (4)(a) is:
2171 (i) guilty of an infraction; and
2172 (ii) subject to a $100 fine.
2173 (c) An individual who is guilty of a violation described in Subsection (4)(b) is not
2174 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
2175 underlying the violation described in Subsection (4)(b).
2176 (d) If the individual described in Subsection (4)(a) is transporting more medical
2177 cannabis than the manifest identifies, except for a de minimis administrative error:
2178 (i) this chapter does not apply; and
2179 (ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
2180 Substances Act.
2181 (5) An individual other than an individual described in Subsection (1) may transport a
2182 medical cannabis device within the state if the transport does not also contain medical
2183 cannabis.
2184 Section 22. Section 26-61a-601 is amended to read:
2185 26-61a-601. State central patient portal -- Department duties.
2186 (1) On or before July 1, 2020, the department shall establish or contract to establish, in
2187 accordance with Title 63G, Chapter 6a, Utah Procurement Code, a state central patient portal as
2188 described in this section.
2189 (2) The state central patient portal shall:
2190 (a) authenticate each user to ensure the user is a valid medical cannabis patient
2191 cardholder;
2192 (b) allow a medical cannabis patient cardholder to:
2193 (i) obtain and download the cardholder's medical cannabis card;
2194 (ii) review the cardholder's medical cannabis purchase history; and
2195 (iii) manage the cardholder's personal information, including withdrawing consent for
2196 the use of the cardholder's information for a study described in Subsection 26-61a-201(12);
2197 (c) if the cardholder's recommending medical provider recommended the use of
2198 medical cannabis without providing directions of use and dosing guidelines and the cardholder
2199 has not yet received the counseling or consultation required in Subsection 26-61a-502(4):
2200 (i) alert the cardholder of the outstanding need for consultation; and
2201 (ii) provide the cardholder with access to the contact information for [
2202
2203 (d) except as provided in Subsection (2)(e), facilitate an electronic medical cannabis
2204 order:
2205 (i) to a home delivery medical cannabis pharmacy for a medical cannabis shipment; or
2206 (ii) to a medical cannabis pharmacy for a medical cannabis cardholder to obtain in
2207 person from the pharmacy;
2208 (e) prohibit a patient from completing an electronic medical cannabis order described
2209 in Subsection (2)(d) if the purchase would exceed the limitations described in Subsection
2210 26-61a-502(2)(a) or (b);
2211 (f) provide educational information to medical cannabis patient cardholders regarding
2212 the state's medical cannabis laws and regulatory programs and other relevant information
2213 regarding medical cannabis; and
2214 (g) allow the patient to designate up to two caregivers who may receive a medical
2215 cannabis caregiver card to purchase and transport medical cannabis on behalf of the patient in
2216 accordance with this chapter.
2217 (3) The department may make rules in accordance with Title 63G, Chapter 3, Utah
2218 Administrative Rulemaking Act, to implement the state central patient portal.
2219 Section 23. Section 26-61a-604 is amended to read:
2220 26-61a-604. Home delivery of medical cannabis shipments -- Medical cannabis
2221 couriers -- License.
2222 (1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
2223 Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home
2224 delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders that the
2225 state central patient portal facilitates, including rules regarding the safe and controlled delivery
2226 of medical cannabis shipments.
2227 (2) A person may not operate as a medical cannabis courier without a license that the
2228 department issues under this section.
2229 (3) (a) Subject to Subsections (5) and (6), the department shall issue a license to
2230 operate as a medical cannabis courier to an applicant who is eligible for a license under this
2231 section.
2232 (b) An applicant is eligible for a license under this section if the applicant submits to
2233 the department:
2234 (i) the name and address of an individual who:
2235 (A) has a financial or voting interest of [
2236 cannabis [
2237 (B) has the power to direct or cause the management or control of a proposed cannabis
2238 production establishment;
2239 (ii) an operating plan that includes operating procedures to comply with the operating
2240 requirements for a medical cannabis courier described in this chapter; and
2241 (iii) an application fee in an amount that, subject to Subsection 26-61a-109(5), the
2242 department sets in accordance with Section 63J-1-504.
2243 (4) If the department determines that an applicant is eligible for a license under this
2244 section, the department shall:
2245 (a) charge the applicant an initial license fee in an amount that, subject to Subsection
2246 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
2247 (b) notify the Department of Public Safety of the license approval and the names of
2248 each individual described in Subsection (3)(b)(ii).
2249 (5) The department may not issue a license to operate as a medical cannabis courier to
2250 an applicant if an individual described in Subsection (3)(b)(ii):
2251 (a) has been convicted under state or federal law of:
2252 (i) a felony; or
2253 (ii) after September 23, 2019, a misdemeanor for drug distribution; or
2254 (b) is younger than 21 years old.
2255 (6) The department may revoke a license under this part if:
2256 (a) the medical cannabis courier does not begin operations within one year after the day
2257 on which the department issues the initial license;
2258 (b) the medical cannabis courier makes the same violation of this chapter three times;
2259 (c) an individual described in Subsection (3)(b)(ii) is convicted, while the license is
2260 active, under state or federal law of:
2261 (i) a felony; or
2262 (ii) after September 23, 2019, a misdemeanor for drug distribution; or
2263 (d) after a change of ownership described in Subsection (15)(c), the department
2264 determines that the medical cannabis courier no longer meets the minimum standards for
2265 licensure and operation of the medical cannabis courier described in this chapter.
2266 (7) The department shall deposit the proceeds of a fee imposed by this section in the
2267 Qualified Patient Enterprise Fund.
2268 (8) The department shall begin accepting applications under this section on or before
2269 July 1, 2020.
2270 (9) The department's authority to issue a license under this section is plenary and is not
2271 subject to review.
2272 (10) Each applicant for a license as a medical cannabis courier shall submit, at the time
2273 of application, from each individual who has a financial or voting interest of [
2274 in the applicant or who has the power to direct or cause the management or control of the
2275 applicant:
2276 (a) a fingerprint card in a form acceptable to the Department of Public Safety;
2277 (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2278 registration of the individual's fingerprints in the Federal Bureau of Investigation Next
2279 Generation Identification System's Rap Back Service; and
2280 (c) consent to a fingerprint background check by:
2281 (i) the Bureau of Criminal Identification; and
2282 (ii) the Federal Bureau of Investigation.
2283 (11) The Bureau of Criminal Identification shall:
2284 (a) check the fingerprints the applicant submits under Subsection (10) against the
2285 applicable state, regional, and national criminal records databases, including the Federal
2286 Bureau of Investigation Next Generation Identification System;
2287 (b) report the results of the background check to the department;
2288 (c) maintain a separate file of fingerprints that applicants submit under Subsection (10)
2289 for search by future submissions to the local and regional criminal records databases, including
2290 latent prints;
2291 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2292 Generation Identification System's Rap Back Service for search by future submissions to
2293 national criminal records databases, including the Next Generation Identification System and
2294 latent prints; and
2295 (e) establish a privacy risk mitigation strategy to ensure that the department only
2296 receives notifications for an individual with whom the department maintains an authorizing
2297 relationship.
2298 (12) The department shall:
2299 (a) assess an individual who submits fingerprints under Subsection (10) a fee in an
2300 amount that the department sets in accordance with Section 63J-1-504 for the services that the
2301 Bureau of Criminal Identification or another authorized agency provides under this section; and
2302 (b) remit the fee described in Subsection (12)(a) to the Bureau of Criminal
2303 Identification.
2304 (13) The department shall renew a license under this section every year if, at the time
2305 of renewal:
2306 (a) the licensee meets the requirements of this section; and
2307 (b) the licensee pays the department a license renewal fee in an amount that, subject to
2308 Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
2309 (14) A person applying for a medical cannabis courier license shall submit to the
2310 department a proposed operating plan that complies with this section and that includes:
2311 (a) a description of the physical characteristics of any proposed facilities, including a
2312 floor plan and an architectural elevation, and delivery vehicles;
2313 (b) a description of the credentials and experience of each officer, director, or owner of
2314 the proposed medical cannabis courier;
2315 (c) the medical cannabis courier's employee training standards;
2316 (d) a security plan; and
2317 (e) storage and delivery protocols, both short and long term, to ensure that medical
2318 cannabis shipments are stored and delivered in a manner that is sanitary and preserves the
2319 integrity of the cannabis.
2320 (15) (a) A medical cannabis courier license is not transferrable or assignable.
2321 (b) A medical cannabis courier shall report in writing to the department no later than
2322 10 business days before the date of any change of ownership of the medical cannabis courier.
2323 (c) If the ownership of a medical cannabis courier changes by 50% or more:
2324 (i) concurrent with the report described in Subsection (15)(b), the medical cannabis
2325 courier shall submit a new application described in Subsection (3)(b);
2326 (ii) within 30 days of the submission of the application, the department shall:
2327 (A) conduct an application review; and
2328 (B) award a license to the medical cannabis courier for the remainder of the term of the
2329 medical cannabis courier's license before the ownership change if the medical cannabis courier
2330 meets the minimum standards for licensure and operation of the medical cannabis courier
2331 described in this chapter; and
2332 (iii) if the department approves the license application, notwithstanding Subsection (4),
2333 the medical cannabis courier shall pay a license fee that the department sets in accordance with
2334 Section 63J-1-504 in an amount that covers the board's cost of conducting the application
2335 review.
2336 (16) (a) Except as provided in Subsection [
2337 regarding the transportation of medical cannabis.
2338 (b) Notwithstanding Subsection (15)(a) and subject to Section 26-61a-116, a licensed
2339 home delivery medical cannabis pharmacy or a licensed medical cannabis courier may
2340 advertise:
2341 (i) a green cross;
2342 (ii) the pharmacy's or courier's name and logo; and
2343 (iii) that the pharmacy or courier is licensed to transport medical cannabis shipments.
2344 Section 24. Section 26-61a-606 is amended to read:
2345 26-61a-606. Medical cannabis courier agent -- Background check -- Registration
2346 card -- Rebuttable presumption.
2347 (1) An individual may not serve as a medical cannabis courier agent unless[
2348
2349 registers the individual as a medical cannabis courier agent.
2350 (2) (a) The department shall, within 15 days after the day on which the department
2351 receives a complete application from a medical cannabis courier on behalf of a medical
2352 cannabis courier agent, register and issue a medical cannabis courier agent registration card to
2353 the prospective agent if the medical cannabis courier:
2354 (i) provides to the department:
2355 (A) the prospective agent's name and address;
2356 (B) the name and address of the medical cannabis courier;
2357 (C) the name and address of each home delivery medical cannabis pharmacy with
2358 which the medical cannabis courier contracts to deliver medical cannabis shipments; and
2359 (D) the submission required under Subsection (2)(b);
2360 (ii) as reported under Subsection (2)(c), has not been convicted under state or federal
2361 law of:
2362 (A) a felony; or
2363 (B) after December 3, 2018, a misdemeanor for drug distribution; and
2364 (iii) pays the department a fee in an amount that, subject to Subsection 26-61a-109(5),
2365 the department sets in accordance with Section 63J-1-504.
2366 (b) [
2367
2368
2369 Subsection (2)(a) shall:
2370 (i) submit to the department:
2371 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
2372 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2373 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
2374 Generation Identification System's Rap Back Service; and
2375 (ii) consent to a fingerprint background check by:
2376 (A) the Bureau of Criminal Identification; and
2377 (B) the Federal Bureau of Investigation.
2378 (c) The Bureau of Criminal Identification shall:
2379 (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
2380 the applicable state, regional, and national criminal records databases, including the Federal
2381 Bureau of Investigation Next Generation Identification System;
2382 (ii) report the results of the background check to the department;
2383 (iii) maintain a separate file of fingerprints that prospective agents submit under
2384 Subsection (2)(b) for search by future submissions to the local and regional criminal records
2385 databases, including latent prints;
2386 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2387 Generation Identification System's Rap Back Service for search by future submissions to
2388 national criminal records databases, including the Next Generation Identification System and
2389 latent prints; and
2390 (v) establish a privacy risk mitigation strategy to ensure that the department only
2391 receives notifications for an individual with whom the department maintains an authorizing
2392 relationship.
2393 (d) The department shall:
2394 (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
2395 amount that the department sets in accordance with Section 63J-1-504 for the services that the
2396 Bureau of Criminal Identification or another authorized agency provides under this section; and
2397 (ii) remit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal
2398 Identification.
2399 (3) The department shall designate on an individual's medical cannabis courier agent
2400 registration card the name of the medical cannabis pharmacy where the individual is registered
2401 as an agent and each home delivery medical cannabis courier for which the medical cannabis
2402 courier delivers medical cannabis shipments.
2403 (4) (a) A medical cannabis courier agent shall comply with a certification standard that
2404 the department develops, in collaboration with the Division of Professional Licensing and the
2405 Board of Pharmacy, or a third-party certification standard that the department designates by
2406 rule in collaboration with the Division of Professional Licensing and the Board of Pharmacy
2407 and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2408 (b) The department shall ensure that the certification standard described in Subsection
2409 (4)(a) includes training in:
2410 (i) Utah medical cannabis law;
2411 (ii) the medical cannabis shipment process; and
2412 (iii) medical cannabis courier agent best practices.
2413 (5) (a) A medical cannabis courier agent registration card expires two years after the
2414 day on which the department issues or renews the card.
2415 (b) A medical cannabis courier agent may renew the agent's registration card if the
2416 agent:
2417 (i) is eligible for a medical cannabis courier agent registration card under this section;
2418 (ii) certifies to the department in a renewal application that the information in
2419 Subsection (2)(a) is accurate or updates the information; and
2420 (iii) pays to the department a renewal fee in an amount that:
2421 (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
2422 Section 63J-1-504; and
2423 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
2424 comparison to the original application process.
2425 (6) The department may revoke or refuse to issue or renew the medical cannabis
2426 courier agent registration card of an individual who:
2427 (a) violates the requirements of this chapter; or
2428 (b) is convicted under state or federal law of:
2429 (i) a felony within the preceding 10 years; or
2430 (ii) after December 3, 2018, a misdemeanor for drug distribution.
2431 (7) A medical cannabis courier agent whom the department has registered under this
2432 section shall carry the agent's medical cannabis courier agent registration card with the agent at
2433 all times when:
2434 (a) the agent is on the premises of the medical cannabis courier, a medical cannabis
2435 pharmacy, or a [
2436 (b) the agent is handling a medical cannabis shipment.
2437 (8) If a medical cannabis courier agent handling a medical cannabis shipment possesses
2438 the shipment in compliance with Subsection (7):
2439 (a) there is a rebuttable presumption that the agent possesses the shipment legally; and
2440 (b) there is no probable cause, based solely on the agent's possession of the medical
2441 cannabis shipment that the agent is engaging in illegal activity.
2442 (9) (a) A medical cannabis courier agent who violates Subsection (7) is:
2443 (i) guilty of an infraction; and
2444 (ii) subject to a $100 fine.
2445 (b) An individual who is guilty of a violation described in Subsection (9)(a) is not
2446 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
2447 underlying the violation described in Subsection (9)(a).
2448 (10) A medical cannabis courier shall:
2449 (a) maintain a list of employees who have a medical cannabis courier agent card; and
2450 (b) provide the list to the department upon request.
2451 Section 25. Section 26-61a-607 is amended to read:
2452 26-61a-607. Home delivery of medical cannabis shipments.
2453 (1) An individual may not receive and a medical cannabis pharmacy agent or a medical
2454 cannabis courier agent may not deliver a medical cannabis shipment from a home delivery
2455 medical cannabis pharmacy unless:
2456 (a) the individual receiving the shipment presents:
2457 (i) a [
2458 (ii) (A) a valid medical cannabis card under the same name that appears on the [
2459
2460 (B) for a facility that a medical cannabis cardholder has designated as a caregiver under
2461 Subsection 26-61a-202(1)(b), evidence of the facility caregiver designation; and
2462 (b) the delivery occurs at:
2463 (i) the [
2464 electronic verification system; or
2465 (ii) the facility that the medical cannabis cardholder has designated as a caregiver under
2466 Subsection 26-61a-202(1)(b).
2467 (2) (a) A medical cannabis pharmacy agent may not deliver a medical cannabis
2468 shipment on behalf of a home delivery medical cannabis pharmacy unless the medical cannabis
2469 pharmacy agent is currently employed by the home delivery medical cannabis pharmacy.
2470 (b) A medical cannabis courier agent may not deliver a medical cannabis shipment on
2471 behalf of a medical cannabis courier unless the medical cannabis courier agent is currently
2472 employed by the medical cannabis courier.
2473 (c) Before a medical cannabis pharmacy agent or a medical cannabis courier agent
2474 distributes a medical cannabis shipment to a medical cannabis cardholder, the agent shall:
2475 [
2476 [
2477 Subsection (1);
2478 [
2479 [
2480 delivery of the shipment will later be recorded within a reasonable period in the electronic
2481 verification system.
2482 (3) The medical cannabis courier shall:
2483 (a) (i) store each medical cannabis shipment in a secure manner until the recipient
2484 medical cannabis cardholder receives the shipment or the medical cannabis courier returns the
2485 shipment to the home delivery medical cannabis pharmacy in accordance with Subsection (4);
2486 and
2487 (ii) ensure that only a medical cannabis courier agent is able to access the medical
2488 cannabis shipment until the recipient medical cannabis cardholder receives the shipment;
2489 (b) return any undelivered medical cannabis shipment to the home delivery medical
2490 cannabis pharmacy, in accordance with Subsection (4), after the medical cannabis courier has
2491 possessed the shipment for 10 business days; and
2492 (c) return any medical cannabis shipment to the home delivery medical cannabis
2493 pharmacy, in accordance with Subsection (4), if a medical cannabis cardholder refuses to
2494 accept the shipment.
2495 (4) (a) If a medical cannabis courier or home delivery medical cannabis pharmacy
2496 agent returns an undelivered medical cannabis shipment that remains unopened, the home
2497 delivery medical cannabis pharmacy may repackage or otherwise reuse the shipment.
2498 (b) If a medical cannabis courier or home delivery medical cannabis pharmacy agent
2499 returns an undelivered or refused medical cannabis shipment under Subsection (3) that appears
2500 to be opened in any way, the home delivery medical cannabis pharmacy shall dispose of the
2501 shipment by:
2502 (i) rendering the shipment unusable and unrecognizable before transporting the
2503 shipment from the home delivery medical cannabis pharmacy; and
2504 (ii) disposing of the shipment in accordance with:
2505 (A) federal and state laws, rules, and regulations related to hazardous waste;
2506 (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
2507 (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
2508 (D) other regulations that the department makes in accordance with Title 63G, Chapter
2509 3, Utah Administrative Rulemaking Act.
2510 Section 26. Section 58-17b-502 is amended to read:
2511 58-17b-502. Unprofessional conduct.
2512 (1) "Unprofessional conduct" includes:
2513 (a) willfully deceiving or attempting to deceive the division, the board, or their agents
2514 as to any relevant matter regarding compliance under this chapter;
2515 (b) except as provided in Subsection (2):
2516 (i) paying or offering rebates to practitioners or any other health care providers, or
2517 receiving or soliciting rebates from practitioners or any other health care provider; or
2518 (ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
2519 bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
2520 provider, for the purpose of obtaining referrals;
2521 (c) misbranding or adulteration of any drug or device or the sale, distribution, or
2522 dispensing of any outdated, misbranded, or adulterated drug or device;
2523 (d) engaging in the sale or purchase of drugs or devices that are samples or packages
2524 bearing the inscription "sample" or "not for resale" or similar words or phrases;
2525 (e) except as provided in Section 58-17b-503, accepting back and redistributing any
2526 unused drug, or a part of it, after it has left the premises of a pharmacy;
2527 (f) an act in violation of this chapter committed by a person for any form of
2528 compensation if the act is incidental to the person's professional activities, including the
2529 activities of a pharmacist, pharmacy intern, or pharmacy technician;
2530 (g) violating:
2531 (i) the federal Controlled Substances Act, Title II, P.L. 91-513;
2532 (ii) Title 58, Chapter 37, Utah Controlled Substances Act; or
2533 (iii) rules or regulations adopted under either act;
2534 (h) requiring or permitting pharmacy interns or technicians to engage in activities
2535 outside the scope of practice for their respective license classifications, as defined in this
2536 chapter and division rules made in collaboration with the board, or beyond their scope of
2537 training and ability;
2538 (i) administering:
2539 (i) without appropriate training, as defined by rule;
2540 (ii) without a physician's order, when one is required by law; and
2541 (iii) in conflict with a practitioner's written guidelines or written protocol for
2542 administering;
2543 (j) disclosing confidential patient information in violation of the provisions of the
2544 Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
2545 1936, as amended, or other applicable law;
2546 (k) engaging in the practice of pharmacy without a licensed pharmacist designated as
2547 the pharmacist-in-charge;
2548 (l) failing to report to the division any adverse action taken by another licensing
2549 jurisdiction, government agency, law enforcement agency, or court for conduct that in
2550 substance would be considered unprofessional conduct under this section;
2551 (m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
2552 form which is regularly and commonly available from a manufacturer in quantities and
2553 strengths prescribed by a practitioner;
2554 (n) failing to act in accordance with Title 26, Chapter 64, Family Planning Access Act,
2555 when dispensing a self-administered hormonal contraceptive under a standing order;
2556 (o) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act; or
2557 (p) falsely making an entry in, or altering, a medical record with the intent to conceal:
2558 (i) a wrongful or negligent act or omission of an individual licensed under this chapter
2559 or an individual under the direction or control of an individual licensed under this chapter; or
2560 (ii) conduct described in Subsections (1)(a) through (o) or Subsection 58-1-501(1).
2561 (2) Subsection (1)(b) does not apply to:
2562 (a) giving or receiving a price discount based on purchase volume;
2563 (b) passing along a pharmaceutical manufacturer's rebate; or
2564 (c) providing compensation for services to a veterinarian.
2565 (3) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
2566 61a, Utah Medical Cannabis Act[
2567 that term is defined in Section 26-61a-102, providing pharmacy medical provider services in a
2568 medical cannabis pharmacy[
2569 [
2570
2571 (4) Notwithstanding Subsection (3), the division, in consultation with the board and in
2572 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
2573 unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
2574 Section 27. Section 58-67-502 is amended to read:
2575 58-67-502. Unprofessional conduct.
2576 (1) "Unprofessional conduct" includes, in addition to the definition in Section
2577 58-1-501:
2578 (a) using or employing the services of any individual to assist a licensee in any manner
2579 not in accordance with the generally recognized practices, standards, or ethics of the
2580 profession, state law, or division rule;
2581 (b) making a material misrepresentation regarding the qualifications for licensure under
2582 Section 58-67-302.7 or Section 58-67-302.8;
2583 (c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
2584 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
2585 (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act; or
2586 (e) falsely making an entry in, or altering, a medical record with the intent to conceal:
2587 (i) a wrongful or negligent act or omission of an individual licensed under this chapter
2588 or an individual under the direction or control of an individual licensed under this chapter; or
2589 (ii) conduct described in Subsections (1)(a) through (d) or Subsection 58-1-501(1).
2590 (2) "Unprofessional conduct" does not include:
2591 (a) in compliance with Section 58-85-103:
2592 (i) obtaining an investigational drug or investigational device;
2593 (ii) administering the investigational drug to an eligible patient; or
2594 (iii) treating an eligible patient with the investigational drug or investigational device;
2595 or
2596 (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
2597 (i) when registered as a qualified medical provider or acting as a limited medical
2598 provider, as those terms are defined in Section 26-61a-102, recommending the use of medical
2599 cannabis; or
2600 (ii) when registered as a pharmacy medical provider, as that term is defined in Section
2601 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy[
2602
2603 [
2604
2605 (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
2606 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
2607 unprofessional conduct for a physician described in Subsection (2)(b).
2608 Section 28. Section 58-68-502 is amended to read:
2609 58-68-502. Unprofessional conduct.
2610 (1) "Unprofessional conduct" includes, in addition to the definition in Section
2611 58-1-501:
2612 (a) using or employing the services of any individual to assist a licensee in any manner
2613 not in accordance with the generally recognized practices, standards, or ethics of the
2614 profession, state law, or division rule;
2615 (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
2616 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
2617 (c) making a material misrepresentation regarding the qualifications for licensure under
2618 Section 58-68-302.5;
2619 (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act; or
2620 (e) falsely making an entry in, or altering, a medical record with the intent to conceal:
2621 (i) a wrongful or negligent act or omission of an individual licensed under this chapter
2622 or an individual under the direction or control of an individual licensed under this chapter; or
2623 (ii) conduct described in Subsections (1)(a) through (d) or Subsection 58-1-501(1).
2624 (2) "Unprofessional conduct" does not include:
2625 (a) in compliance with Section 58-85-103:
2626 (i) obtaining an investigational drug or investigational device;
2627 (ii) administering the investigational drug to an eligible patient; or
2628 (iii) treating an eligible patient with the investigational drug or investigational device;
2629 or
2630 (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
2631 (i) when registered as a qualified medical provider or acting as a limited medical
2632 provider, as those terms are defined in Section 26-61a-102, recommending the use of medical
2633 cannabis; or
2634 (ii) when registered as a pharmacy medical provider, as that term is defined in Section
2635 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy[
2636
2637 [
2638
2639 (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
2640 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
2641 unprofessional conduct for a physician described in Subsection (2)(b).
2642 Section 29. Section 78A-2-231 is amended to read:
2643 78A-2-231. Consideration of lawful use or possession of medical cannabis.
2644 (1) As used in this section:
2645 (a) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
2646 (b) "Directions of use" means the same as that term is defined in Section 26-61a-102.
2647 (c) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
2648 (d) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
2649 (e) "Medical cannabis card" means the same as that term is defined in Section
2650 26-61a-102.
2651 (f) "Medical cannabis device" means the same as that term is defined in Section
2652 26-61a-102.
2653 (g) "Recommending medical provider" means the same as that term is defined in
2654 Section 26-61a-102.
2655 (2) In any judicial proceeding in which a judge, panel, jury, or court commissioner
2656 makes a finding, determination, or otherwise considers an individual's medical cannabis card,
2657 medical cannabis recommendation from a recommending medical provider, or possession or
2658 use of medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel,
2659 jury, or court commissioner may not consider or treat the individual's card, recommendation,
2660 possession, or use any differently than the lawful possession or use of any prescribed controlled
2661 substance if:
2662 (a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production
2663 Establishments;
2664 (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
2665 (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
2666 Medical Cannabis Act; and
2667 (ii) the individual reasonably complies with the directions of use and dosing guidelines
2668 determined by the individual's recommending medical provider or through a consultation
2669 described in Subsection 26-61a-502(4) [
2670 (3) Notwithstanding Sections 77-18-105 and 77-2a-3, for probation, release, a plea in
2671 abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of
2672 Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain
2673 from the use or possession of medical cannabis, a cannabis product, or a medical cannabis
2674 device, either directly or through a general prohibition on violating federal law, without an
2675 exception related to medical cannabis use, if the individual's use or possession complies with:
2676 (a) Title 26, Chapter 61a, Utah Medical Cannabis Act; or
2677 (b) Subsection 58-37-3.7(2) or (3).
2678 Section 30. Section 80-3-110 is amended to read:
2679 80-3-110. Consideration of cannabis during proceedings -- Drug testing.
2680 (1) As used in this section:
2681 (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
2682 (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
2683 (c) (i) "Chronic" means repeated or patterned.
2684 (ii) "Chronic" does not mean an isolated incident.
2685 (d) "Directions of use" means the same as that term is defined in Section 26-61a-102.
2686 (e) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
2687 (f) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
2688 (g) "Medical cannabis cardholder" means the same as that term is defined in Section
2689 26-61a-102.
2690 (h) " Recommending medical provider" means the same as that term is defined in
2691 Section 26-61a-102.
2692 (2) In a proceeding under this chapter, in which the juvenile court makes a finding,
2693 determination, or otherwise considers an individual's medical cannabis card, medical cannabis
2694 recommendation from a recommending medical provider, or possession or use of medical
2695 cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider
2696 or treat the individual's medical cannabis card, recommendation, possession, or use any
2697 differently than the lawful possession or use of any prescribed controlled substance if:
2698 (a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
2699 Production Establishments;
2700 (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
2701 (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
2702 Medical Cannabis Act; and
2703 (ii) the individual reasonably complies with the directions of use and dosing guidelines
2704 determined by the individual's recommending medical provider or through a consultation
2705 described in Subsection 26-61a-502(4) [
2706 (3) In a proceeding under this chapter, a child's parent's or guardian's use of cannabis or
2707 a cannabis product is not abuse or neglect of the child unless there is evidence showing that:
2708 (a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
2709 because of cannabis being introduced to the child's body in another manner; or
2710 (b) the child is at an unreasonable risk of harm because of chronic inhalation or
2711 ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
2712 (4) Unless there is harm or an unreasonable risk of harm to the child as described in
2713 Subsection (3), in a child welfare proceeding under this chapter, a child's parent's or guardian's
2714 use of medical cannabis or a cannabis product is not contrary to the best interests of the child
2715 if:
2716 (a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
2717 possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act, and there
2718 is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates
2719 from the directions of use and dosing guidelines determined by the parent's or guardian's
2720 recommending medical provider or through a consultation described in Subsection
2721 26-61a-502(4) or (5); or
2722 (b) before January 1, 2021, the parent's or guardian's possession or use complies with
2723 Subsection 58-37-3.7(2) or (3).
2724 (5) Subsection (3) does not prohibit a finding of abuse or neglect of a child, and
2725 Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
2726 or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
2727 nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
2728 that would separately constitute abuse or neglect of the child.
2729 (6) If an individual, who is party to a proceeding under this chapter, is ordered by the
2730 juvenile court to submit to drug testing, or is referred by the division or a guardian ad litem for
2731 drug testing, the individual may not be ordered or referred for drug testing by means of a hair
2732 or fingernail test that is administered to detect the presence of drugs.
2733 Section 31. Section 80-4-109 is amended to read:
2734 80-4-109. Consideration of cannabis during proceedings.
2735 (1) As used in this section:
2736 (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
2737 (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
2738 (c) (i) "Chronic" means repeated or patterned.
2739 (ii) "Chronic" does not mean an isolated incident.
2740 (d) "Directions of use" means the same as that term is defined in Section 26-61a-102.
2741 (e) "Dosing guidelines" means the same as that term is defined in Section 26-61a-102.
2742 (f) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
2743 (g) "Medical cannabis cardholder" means the same as that term is defined in Section
2744 26-61a-102.
2745 (h) "Qualified medical provider" means the same as that term is defined in Section
2746 26-61a-102.
2747 (2) In a proceeding under this chapter in which the juvenile court makes a finding,
2748 determination, or otherwise considers an individual's possession or use of medical cannabis, a
2749 cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the
2750 individual's possession or use any differently than the lawful possession or use of any
2751 prescribed controlled substance if:
2752 (a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
2753 Production Establishments;
2754 (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
2755 (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
2756 Medical Cannabis Act; and
2757 (ii) the individual reasonably complies with the directions of use and dosing guidelines
2758 determined by the individual's qualified medical provider or through a consultation described
2759 in Subsection 26-61a-502(4) [
2760 (3) In a proceeding under this chapter, a parent's or guardian's use of cannabis or a
2761 cannabis product is not abuse or neglect of a child unless there is evidence showing that:
2762 (a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
2763 because of cannabis being introduced to the child's body in another manner; or
2764 (b) the child is at an unreasonable risk of harm because of chronic inhalation or
2765 ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
2766 (4) Unless there is harm or an unreasonable risk of harm to the child as described in
2767 Subsection (3), a parent's or guardian's use of medical cannabis or a cannabis product is not
2768 contrary to the best interests of a child if:
2769 (a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
2770 possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act, and there
2771 is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates
2772 from the directions of use and dosing guidelines determined by the parent's or guardian's
2773 qualified medical provider or through a consultation described in Subsection 26-61a-502(4) or
2774 (5); or
2775 (b) before January 1, 2021, the parent's or guardian's possession or use complies with
2776 Subsection 58-37-3.7(2) or (3).
2777 (5) Subsection (3) does not prohibit a finding of abuse or neglect of a child and
2778 Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
2779 or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
2780 nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
2781 that would separately constitute abuse or neglect of the child.
2782 Section 32. Repealer.
2783 This bill repeals:
2784 Section 26-61a-602, State central patient portal medical provider.