7/1/2023Medical Cannabis Home Delivery and Couriers

Amended by Chapter 483, 2026 General Session2026Medical cannabis home delivery designation.The department may designate a medical cannabis pharmacy as a home delivery medical cannabis pharmacy if the department determines that the medical cannabis pharmacy's operating plan demonstrates the functional and technical ability to:safely conduct transactions for medical cannabis shipments; andaccept electronic medical cannabis orders.An applicant seeking a designation as a home delivery medical cannabis pharmacy shall identify in the applicant's operating plan any information relevant to the department's evaluation described in Subsection (1), including:the name and contact information of the payment provider;the nature of the relationship between the prospective licensee and the payment provider;the processes followed to safely and reliably conduct transactions for medical cannabis shipments.the ability of the licensee to comply with the department's rules regarding the secure transportation and delivery of medical cannabis to a medical cannabis cardholder.Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that the department designates as a home delivery medical cannabis pharmacy may deliver medical cannabis shipments in accordance with this part.

Amended by Chapter 114, 2025 General Session2025Amended by Chapter 414, 2025 General Session2025Home delivery of medical cannabis shipments -- Medical cannabis couriers -- License.The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders, including rules regarding the safe and controlled delivery of medical cannabis shipments.A person may not operate as a medical cannabis courier without a license that the licensing board issues under this section.Subject to Subsections (5) and (6), the licensing board shall issue a license to operate as a medical cannabis courier to an applicant who is eligible for a license under this section.An applicant is eligible for a license under this section if the applicant submits to the licensing board:the name and address of an individual who:has a financial or voting interest of 10% or greater in the proposed medical cannabis courier; orhas the power to direct or cause the management or control of a proposed cannabis production establishment;an operating plan that includes operating procedures to comply with the operating requirements for a medical cannabis courier described in this chapter; andan application fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504.If the licensing board determines that an applicant is eligible for a license under this section, the department shall:charge the applicant an initial license fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; andnotify the Department of Public Safety of the license approval and the names of each individual described in Subsection (3)(b)(i).The licensing board may not issue a license to operate as a medical cannabis courier to an applicant if an individual described in Subsection (3)(b)(i):has been convicted under state or federal law of:a felony in the preceding 10 years; orafter September 23, 2019, a misdemeanor for drug distribution; oris younger than 21 years old.The licensing board may revoke a license under this part if:the medical cannabis courier does not begin operations within one year after the day on which the department issues the initial license;the medical cannabis courier makes the same violation of this chapter three times;an individual described in Subsection (3)(b)(i) is convicted, while the license is active, under state or federal law of:a felony; orafter September 23, 2019, a misdemeanor for drug distribution; orafter a change of ownership described in Subsection (14)(c), the licensing board determines that the medical cannabis courier no longer meets the minimum standards for licensure and operation of the medical cannabis courier described in this chapter.The department shall deposit the proceeds of a fee imposed by this section into the Qualified Production Enterprise Fund.The licensing board's authority to issue a license under this section is plenary and is not subject to review.Each applicant for a license as a medical cannabis courier shall submit, at the time of application, from each individual who has a financial or voting interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant:a fingerprint card in a form acceptable to the Department of Public Safety;a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; andconsent to a fingerprint background check by:the Bureau of Criminal Identification; andthe Federal Bureau of Investigation.The Bureau of Criminal Identification shall:check the fingerprints the applicant submits under Subsection (9) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;report the results of the background check to the department;maintain a separate file of fingerprints that applicants submit under Subsection (9) for search by future submissions to the local and regional criminal records databases, including latent prints;request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; andestablish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.The department shall:assess an individual who submits fingerprints under Subsection (9) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; andremit the fee described in Subsection (11)(a) to the Bureau of Criminal Identification.The licensing board shall renew a license under this section every year if, at the time of renewal:the licensee meets the requirements of this section; andthe licensee pays the department a license renewal fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504.A person applying for a medical cannabis courier license shall submit to the licensing board a proposed operating plan that complies with this section and that includes:a description of the physical characteristics of any proposed facilities, including a floor plan and an architectural elevation, and delivery vehicles;a description of the credentials and experience of each officer, director, or owner of the proposed medical cannabis courier;the medical cannabis courier's employee training standards;a security plan; andstorage and delivery protocols, both short and long term, to ensure that medical cannabis shipments are stored and delivered in a manner that is sanitary and preserves the integrity of the cannabis.A medical cannabis courier license is not transferable or assignable.A medical cannabis courier shall report in writing to the department no later than 45 business days before the date of any change of ownership of the medical cannabis courier.If the ownership of a medical cannabis courier changes by 50% or more:concurrent with the report described in Subsection (14)(b), the medical cannabis courier shall submit a new application described in Subsection (3)(b);within 30 days of the submission of the application, the licensing board shall:conduct an application review; andaward a license to the medical cannabis courier for the remainder of the term of the medical cannabis courier's license before the ownership change if the medical cannabis courier meets the minimum standards for licensure and operation of the medical cannabis courier described in this chapter; andif the licensing board approves the license application, notwithstanding Subsection (4), the medical cannabis courier shall pay a license fee that the department sets in accordance with Section 63J-1-504 in an amount that covers the licensing board's cost of conducting the application review.Except as provided in Subsection(15)(b), a person may not advertise regarding the transportation of medical cannabis.Notwithstanding Subsection (14)(a) and subject to Section 4-41a-109, a licensed home delivery medical cannabis pharmacy or a licensed medical cannabis courier may advertise:a green cross;the pharmacy's or courier's name and logo; andthat the pharmacy or courier is licensed to transport medical cannabis shipments.

Amended by Chapter 362, 2026 General Session2026Medical cannabis shipment transportation.The department shall ensure that each home delivery medical cannabis pharmacy is capable of delivering, directly or through a medical cannabis courier, medical cannabis shipments in a secure manner.A home delivery medical cannabis pharmacy may contract with a licensed medical cannabis courier to deliver medical cannabis shipments to fulfill electronic medical cannabis orders.If a home delivery medical cannabis pharmacy enters into a contract described in Subsection (2)(a), the pharmacy shall:impose security and personnel requirements on the medical cannabis courier sufficient to ensure the security and safety of medical cannabis shipments; andprovide regular oversight of the medical cannabis courier.Notwithstanding Subsection 4-41a-404(1), an individual may transport a medical cannabis shipment if the individual is:a registered pharmacy medical provider;a registered medical cannabis pharmacy agent; ora registered agent of the medical cannabis courier described in Subsection (2).An individual transporting a medical cannabis shipment under Subsection (3) shall comply with the requirements of Subsection 4-41a-404(3).In addition to the requirements in Subsections (3) and (4), the department may establish by rule, in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements for transporting medical cannabis shipments that are related to safety for human consumption of medical cannabis.It is unlawful for an individual to transport a medical cannabis shipment with a manifest that does not meet the requirements of Subsection (4).Except as provided in Subsection (6)(d), an individual who violates Subsection (6)(a) is:guilty of an infraction; andsubject to a $100 fine.An individual who is guilty of a violation described in Subsection (6)(b) is not guilty of a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the conduct underlying the violation described in Subsection (6)(b).If the individual described in Subsection (6)(a) is transporting more cannabis, cannabis product, or medical cannabis devices than the manifest identifies, except for a de minimis administrative error:this chapter does not apply; andthe individual is subject to penalties under Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances.

Amended by Chapter 362, 2026 General Session2026Medical cannabis courier agent -- Background check -- Registration card -- Rebuttable presumption.An individual may not serve as a medical cannabis courier agent unless the department registers the individual as a medical cannabis courier agent.The department shall, within 15 days after the day on which the department receives a complete application from a medical cannabis courier on behalf of a medical cannabis courier agent, register and issue a medical cannabis courier agent registration card to the prospective agent if the medical cannabis courier:provides to the department:the prospective agent's name and address;the name and address of the medical cannabis courier;the name and address of each home delivery medical cannabis pharmacy with which the medical cannabis courier contracts to deliver medical cannabis shipments; andthe submission required under Subsection (2)(b);as reported under Subsection (2)(c), has not been convicted under state or federal law of:a felony; orafter December 3, 2018, a misdemeanor for drug distribution; andpays the department a fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504.Each prospective agent described in Subsection (2)(a) shall:submit to the department:a fingerprint card in a form acceptable to the Department of Public Safety; anda signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; andconsent to a fingerprint background check by:the Bureau of Criminal Identification; andthe Federal Bureau of Investigation.The Bureau of Criminal Identification shall:check the fingerprints the prospective agent submits under Subsection (2)(b) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;report the results of the background check to the department;maintain a separate file of fingerprints that prospective agents submit under Subsection (2)(b) for search by future submissions to the local and regional criminal records databases, including latent prints;request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; andestablish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.The department shall:assess an individual who submits fingerprints under Subsection (2)(b) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; andremit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal Identification.A medical cannabis courier agent shall comply with a certification standard that the department develops, in collaboration with the Division of Professional Licensing and the Board of Pharmacy, or a third-party certification standard that the department designates by rule in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.The department shall ensure that the certification standard described in Subsection (3)(a) includes training in:Utah medical cannabis law;the medical cannabis shipment process; andmedical cannabis courier agent best practices.A medical cannabis courier agent registration card expires two years after the day on which the department issues or renews the card.A medical cannabis courier agent may renew the agent's registration card if the agent:is eligible for a medical cannabis courier agent registration card under this section;certifies to the department in a renewal application that the information in Subsection (2)(a) is accurate or updates the information; andpays to the department a renewal fee in an amount that:subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; andmay not exceed the cost of the relatively lower administrative burden of renewal in comparison to the original application process.The department shall revoke or refuse to issue or renew the medical cannabis courier agent registration card of an individual who:violates the requirements of this chapter; oris convicted under state or federal law of:a felony within the preceding 10 years; orafter December 3, 2018, a misdemeanor for drug distribution.A medical cannabis courier agent whom the department has registered under this section shall carry the agent's medical cannabis courier agent registration card with the agent at all times when:the agent is on the premises of the medical cannabis courier, a medical cannabis pharmacy, or a delivery address; andthe agent is handling a medical cannabis shipment.If a medical cannabis courier agent handling a medical cannabis shipment possesses the shipment in compliance with Subsection (6):there is a rebuttable presumption that the agent possesses the shipment legally; andthere is no probable cause, based solely on the agent's possession of the medical cannabis shipment that the agent is engaging in illegal activity.A medical cannabis courier agent who violates Subsection (6) is:guilty of an infraction; andsubject to a $100 fine.An individual who is guilty of a violation described in Subsection (8)(a) is not guilty of a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the conduct underlying the violation described in Subsection (8)(a).A medical cannabis courier shall:maintain a list of employees who have a medical cannabis courier agent card; andprovide the list to the department upon request.

Amended by Chapter 483, 2026 General Session2026Home delivery of medical cannabis shipments.An individual may not receive and a medical cannabis pharmacy agent or a medical cannabis courier agent may not deliver a medical cannabis shipment from a home delivery medical cannabis pharmacy unless:the individual receiving the shipment presents:a government issued photo identification; anda valid medical cannabis card under the same name that appears on the government issued photo identification; orfor a facility that a medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b), evidence of the facility caregiver designation; andthe delivery occurs at:the delivery address that is on file in the state electronic verification system; orthe facility that the medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b).A medical cannabis pharmacy agent may not deliver a medical cannabis shipment on behalf of a home delivery medical cannabis pharmacy unless the medical cannabis pharmacy agent is currently employed by the home delivery medical cannabis pharmacy.A medical cannabis courier agent may not deliver a medical cannabis shipment on behalf of a medical cannabis courier unless the medical cannabis courier agent is currently employed by the medical cannabis courier.Before a medical cannabis pharmacy agent or a medical cannabis courier agent distributes a medical cannabis shipment to a medical cannabis cardholder, the agent shall:verify the shipment information using the state electronic verification system;ensure that the individual satisfies the identification requirements in Subsection (1);verify that payment is complete; andrecord the completion of the shipment transaction in a manner such that the delivery of the shipment will later be recorded within a reasonable period in the electronic verification system.When delivering a medical cannabis shipment, a home delivery medical cannabis pharmacy or medical cannabis courier shall:store each medical cannabis shipment in a secure manner until the recipient medical cannabis cardholder receives the shipment or the medical cannabis courier returns the shipment to the home delivery medical cannabis pharmacy in accordance with Subsection (4); use adequate storage or shipping containers and shipping processes to ensure medical cannabis stability and potency and appropriate storage temperatures throughout delivery;use shipping containers sealed in a manner to detect evidence of opening or tampering;ensure that only a home delivery medical cannabis pharmacy agent or medical cannabis courier agent is able to access the medical cannabis shipment until the recipient medical cannabis cardholder receives the shipment;return any undelivered medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), within 14 days from the day the medical cannabis shipment was shipped; andreturn any medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), if a medical cannabis cardholder refuses to accept the shipment.If a medical cannabis courier or home delivery medical cannabis pharmacy agent returns an undelivered medical cannabis shipment before the home delivery medical cannabis pharmacy may repackage the medical cannabis in the returned medical cannabis shipment, the pharmacist at the home delivery medical cannabis pharmacy shall:verify that the medical cannabis was returned to the original home delivery medical cannabis pharmacy within 14 days from the day the medical cannabis was shipped; anddetermine in the pharmacist's clinical judgment that the medical cannabis's integrity is intact and the security of the drug packaging has not been compromised.For returned medical cannabis described in Subsection (4)(a) that a pharmacist deems does not comply with Subsection (4)(a)(i) or (ii), the home delivery medical cannabis pharmacy shall dispose of the medical cannabis by:rendering the medical cannabis unusable and unrecognizable before transporting the medical cannabis from the home delivery medical cannabis pharmacy; anddisposing of the medical cannabis in accordance with:federal and state laws, rules, and regulations related to hazardous waste;the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;Title 19, Chapter 6, Part 5, Solid Waste Management Act; andother regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 16, 2025 Special Session 12025Closed-door medical cannabis pharmacy.Subject to Subsections (1)(b) and (c), a home delivery medical cannabis pharmacy may open a single closed-door medical cannabis pharmacy.A home delivery medical cannabis pharmacy may not open a closed-door medical cannabis pharmacy unless the home delivery medical cannabis pharmacy:has an operating plan that includes a closed-door medical cannabis pharmacy; andobtains a license issued by the department for a closed-door medical cannabis pharmacy.An entity that owns multiple home delivery medical cannabis pharmacies may open only one closed-door medical cannabis pharmacy.The department may institute a fee in accordance with Section 63J-1-504 to administer this section.A home delivery medical cannabis pharmacy that opens a closed-door medical cannabis pharmacy under Subsection (1) shall ensure:that a pharmacy medical provider who is a licensed pharmacist:is directly supervising the packaging of an order; andis present in the closed-door medical cannabis pharmacy when an order is packaged for delivery; andall record keeping requirements, labeling requirements, and patient counseling requirements described in this chapter and Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, are satisfied before sending out an order.An individual who prepares an order at a closed-door medical cannabis pharmacy under this section shall be registered as:a pharmacy medical provider; ora medical cannabis pharmacy agent.A closed-door medical cannabis pharmacy shall operate:except as provided in Subsection (4)(b), in a facility that is accessible only by an individual who is a pharmacy medical provider or a medical cannabis pharmacy agent; andat a physical address in accordance with Subsection (6).A closed-door medical cannabis pharmacy may authorize an individual who is at least 18 years old and is not a pharmacy medical provider or a cannabis pharmacy agent to access the closed-door medical cannabis pharmacy if the closed-door medical cannabis pharmacy:tracks and monitors the individual at all times while the individual is at the closed-door medical cannabis pharmacy; andmaintains a record of the individual's access, including arrival and departure.A closed-door medical cannabis pharmacy shall operate in a facility that has:a single, secure public entrance; anda security system with a backup power source that:detects and records entry into the closed-door medical cannabis pharmacy;provides notice of an unauthorized entry to law enforcement when the closed-door medical cannabis pharmacy is closed; anda lock or equivalent restrictive security feature on any area where the closed-door medical cannabis pharmacy stores a cannabis product.A closed-door medical cannabis pharmacy shall ensure that any cannabis or cannabis products in the closed-door medical cannabis pharmacy that are intended for home delivery are separated in a manner that is readily distinguishable from any other cannabis or cannabis product in the facility.A closed-door medical cannabis pharmacy may only provide cannabis or a cannabis product to an individual through a delivery that complies with this part.A person may not locate a closed-door medical cannabis pharmacy:within 1,000 feet of a community location; orin or within 600 feet of a district that the relevant municipality or county has zoned as primarily residential.The proximity requirements described in Subsection (6)(a) shall be measured from the nearest entrance to the closed-door medical cannabis pharmacy by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or residential area.The licensing board may grant a waiver to reduce the proximity requirements in Subsection (6)(a) by up to 20% if the licensing board determines that it is not reasonably feasible for the applicant to site the proposed closed-door medical cannabis pharmacy without the waiver.An applicant for a license under this section shall provide evidence of compliance with the proximity requirements described in Subsection (6)(a).When determining where a closed-door medical cannabis pharmacy may open, the licensing board:shall utilize geographic regions created by the department through rule;shall prioritize allowing entities that do not have a medical cannabis pharmacy in a region to open a closed-door medical cannabis pharmacy in the region;of the total amount of closed-door medical cannabis pharmacies, may allow only three closed-door medical cannabis pharmacies to operate in counties of the first and second class as described in Section 17-60-104; andfor determining the three closed-door medical cannabis pharmacies described in Subsection (7)(c), consider the following:the history of compliance with state law and rules for all licenses issued under this chapter;the medical cannabis pharmacy's willingness to offer a variety of brands and products;the ability of the operating plan to ensure the safety and security of the community;the suitability of the proposed location and the location's ability to serve the local community; andany other relevant information determined through rule.A closed-door medical cannabis pharmacy may not account for more than:for an entity that holds a single medical cannabis pharmacy license, the greater of:35% of the medical cannabis pharmacy's total revenue; or$2,000,000 in total revenue; orfor an entity that holds more than one medical cannabis pharmacy license, the greater of:35% of the total revenue of the entity's medical cannabis pharmacy that generates the most revenue; or$2,000,000 in total revenue.Notwithstanding any other provision of this section, the licensing board may issue only one closed-door medical cannabis pharmacy license before July 1, 2027.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to implement this section.