<section number="4-41a-1101"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">483</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Operating requirements -- General.</catchline><subsection number="4-41a-1101(1)"><subsection number="4-41a-1101(1)(a)">A medical cannabis pharmacy shall operate:<subsection number="4-41a-1101(1)(a)(i)">at the physical address provided to the department under Section <xref depth="3" refnumber="4-41a-1001">4-41a-1001</xref>; and</subsection><subsection number="4-41a-1101(1)(a)(ii)">in accordance with the operating plan provided to the department under Section <xref depth="3" refnumber="4-41a-1001">4-41a-1001</xref> and, if applicable, Section <xref depth="3" refnumber="4-41a-1004">4-41a-1004</xref>.</subsection></subsection><subsection number="4-41a-1101(1)(b)">A medical cannabis pharmacy shall notify the department before a change in the medical cannabis pharmacy's physical address or operating plan.</subsection></subsection><subsection number="4-41a-1101(2)">An individual may not enter a medical cannabis pharmacy unless the individual:<subsection number="4-41a-1101(2)(a)">is at least 18 years old or is an emancipated minor under Section <xref depth="3" refnumber="80-7-105">80-7-105</xref>; and</subsection><subsection number="4-41a-1101(2)(b)">except as provided in Subsection <xref depth="4" refnumber="4-41a-1101(4)">(4)</xref>:<subsection number="4-41a-1101(2)(b)(i)">possesses a valid:<subsection number="4-41a-1101(2)(b)(i)(A)">medical cannabis pharmacy agent registration card;</subsection><subsection number="4-41a-1101(2)(b)(i)(B)">pharmacy medical provider registration card; or</subsection><subsection number="4-41a-1101(2)(b)(i)(C)">medical cannabis card;</subsection></subsection><subsection number="4-41a-1101(2)(b)(ii)">is an employee of the department performing an inspection under Section <xref depth="3" refnumber="4-41a-1103">4-41a-1103</xref>; or</subsection><subsection number="4-41a-1101(2)(b)(iii)">is another individual as the department provides.</subsection></subsection></subsection><subsection number="4-41a-1101(3)">A medical cannabis pharmacy may not employ an individual who is younger than 21 years old.</subsection><subsection number="4-41a-1101(4)">Notwithstanding Subsection <xref refnumber="4-41a-1101(2)(b)" depth="4">(2)(b)</xref>, a medical cannabis pharmacy may authorize an individual who is not a medical cannabis pharmacy agent or pharmacy medical provider to access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and monitors the individual at all times while the individual is at the medical cannabis pharmacy and maintains a record of the individual's access.</subsection><subsection number="4-41a-1101(5)">A medical cannabis pharmacy shall operate in a facility that has:<subsection number="4-41a-1101(5)(a)">a single, secure public entrance;</subsection><subsection number="4-41a-1101(5)(b)">a security system with a backup power source that:<subsection number="4-41a-1101(5)(b)(i)">detects and records entry into the medical cannabis pharmacy; and</subsection><subsection number="4-41a-1101(5)(b)(ii)">provides notice of an unauthorized entry to law enforcement when the medical cannabis pharmacy is closed; and</subsection></subsection><subsection number="4-41a-1101(5)(c)">a lock on each area where the medical cannabis pharmacy stores medical cannabis.</subsection></subsection><subsection number="4-41a-1101(6)">A medical cannabis pharmacy shall post, both clearly and conspicuously in the medical cannabis pharmacy, the limit on the purchase of cannabis described in Subsection <xref depth="4" refnumber="4-41a-1102(2)">4-41a-1102(2)</xref>.</subsection><subsection number="4-41a-1101(7)">Except for an emergency situation described in Subsection <xref depth="4" refnumber="26B-4-213(3)(b)">26B-4-213(3)(b)</xref>, a medical cannabis pharmacy may not allow any individual to consume cannabis on the property or premises of the medical cannabis pharmacy.</subsection><subsection number="4-41a-1101(8)">A medical cannabis pharmacy may not sell medical cannabis without first indicating on the medical cannabis label the name of the medical cannabis pharmacy.</subsection><subsection number="4-41a-1101(9)"><subsection number="4-41a-1101(9)(a)">Each medical cannabis pharmacy shall retain in the pharmacy's records the following information regarding each recommendation underlying a transaction:<subsection number="4-41a-1101(9)(a)(i)">the recommending medical provider's name, address, and telephone number;</subsection><subsection number="4-41a-1101(9)(a)(ii)">the patient's name and address;</subsection><subsection number="4-41a-1101(9)(a)(iii)">the date of issuance;</subsection><subsection number="4-41a-1101(9)(a)(iv)">directions of use and dosing guidelines or an indication that the recommending medical provider did not recommend specific directions of use or dosing guidelines; and</subsection><subsection number="4-41a-1101(9)(a)(v)">if the patient did not complete the transaction, the name of the medical cannabis cardholder who completed the transaction.</subsection></subsection><subsection number="4-41a-1101(9)(b)"><subsection number="4-41a-1101(9)(b)(i)">Except as provided in Subsection <xref depth="4" refnumber="4-41a-1101(9)(b)(iii)">(9)(b)(iii)</xref>, a medical cannabis pharmacy may not sell medical cannabis unless the medical cannabis has a label securely affixed to the container indicating the following minimum information:<subsection number="4-41a-1101(9)(b)(i)(A)">the name, address, and telephone number of the medical cannabis pharmacy;</subsection><subsection number="4-41a-1101(9)(b)(i)(B)">the unique identification number that the medical cannabis pharmacy assigns;</subsection><subsection number="4-41a-1101(9)(b)(i)(C)">the date of the sale;</subsection><subsection number="4-41a-1101(9)(b)(i)(D)">the name of the patient;</subsection><subsection number="4-41a-1101(9)(b)(i)(E)">the name of the recommending medical provider who recommended the medical cannabis treatment;</subsection><subsection number="4-41a-1101(9)(b)(i)(F)">directions for use and cautionary statements, if any;</subsection><subsection number="4-41a-1101(9)(b)(i)(G)">the amount dispensed and the cannabinoid content;</subsection><subsection number="4-41a-1101(9)(b)(i)(H)">the suggested use date;</subsection><subsection number="4-41a-1101(9)(b)(i)(I)">for unprocessed cannabis flower, the legal use termination date; and</subsection><subsection number="4-41a-1101(9)(b)(i)(J)">any other requirements that the department determines, in consultation with the Division of Professional Licensing and the Board of Pharmacy.</subsection></subsection><subsection number="4-41a-1101(9)(b)(ii)">A medical cannabis pharmacy is exempt from the requirement to provide the following information under Subsection <xref depth="4" refnumber="4-41a-1101(9)(b)(i)">(9)(b)(i)</xref> if the information is already provided on the product label that a cannabis production establishment affixes:<subsection number="4-41a-1101(9)(b)(ii)(A)">a unique identification number;</subsection><subsection number="4-41a-1101(9)(b)(ii)(B)">directions for use and cautionary statements;</subsection><subsection number="4-41a-1101(9)(b)(ii)(C)">amount and cannabinoid content; and</subsection><subsection number="4-41a-1101(9)(b)(ii)(D)">a suggested use date.</subsection></subsection><subsection number="4-41a-1101(9)(b)(iii)">If the size of a medical cannabis container does not allow sufficient space to include the labeling requirements described in Subsection <xref depth="4" refnumber="4-41a-1101(9)(b)(i)">(9)(b)(i)</xref>, the medical cannabis pharmacy may provide the following information described in Subsection <xref depth="4" refnumber="4-41a-1101(9)(b)(i)">(9)(b)(i)</xref> on a supplemental label attached to the container or an informational enclosure that accompanies the container:<subsection number="4-41a-1101(9)(b)(iii)(A)">the cannabinoid content;</subsection><subsection number="4-41a-1101(9)(b)(iii)(B)">the suggested use date; and</subsection><subsection number="4-41a-1101(9)(b)(iii)(C)">any other requirements that the department determines.</subsection></subsection><subsection number="4-41a-1101(9)(b)(iv)">A medical cannabis pharmacy may sell medical cannabis to another medical cannabis pharmacy without a label described in Subsection <xref depth="4" refnumber="4-41a-1101(9)(b)(i)">(9)(b)(i)</xref>.</subsection></subsection></subsection><subsection number="4-41a-1101(10)">A pharmacy medical provider or medical cannabis pharmacy agent shall:<subsection number="4-41a-1101(10)(a)">upon receipt of an order from a recommending medical provider in accordance with Subsections <xref depth="4" refnumber="26B-4-204(1)(b)">26B-4-204(1)(b)</xref> and <xref depth="4" refnumber="4-41a-1101(c)">(c)</xref>:<subsection number="4-41a-1101(10)(a)(i)">for a written order or an electronic order under circumstances that the department determines, contact the recommending medical provider or the recommending medical provider's office to verify the validity of the recommendation; and</subsection><subsection number="4-41a-1101(10)(a)(ii)">for an order that the pharmacy medical provider or medical cannabis pharmacy agent verifies under Subsection <xref depth="4" refnumber="4-41a-1101(10)(a)(i)">(10)(a)(i)</xref> or an electronic order that is not subject to verification under Subsection <xref depth="4" refnumber="4-41a-1101(10)(a)(i)">(10)(a)(i)</xref>, enter the recommending medical provider's recommendation or renewal, including any associated directions of use, dosing guidelines, or caregiver indication, in the state electronic verification system;</subsection></subsection><subsection number="4-41a-1101(10)(b)">in processing an order for a holder of a conditional medical cannabis card described in Subsection <xref depth="4" refnumber="26B-4-213(1)(b)">26B-4-213(1)(b)</xref> that appears irregular or suspicious in the judgment of the pharmacy medical provider or medical cannabis pharmacy agent, contact the recommending medical provider or the recommending medical provider's office to verify the validity of the recommendation before processing the cardholder's order;</subsection><subsection number="4-41a-1101(10)(c)">unless the medical cannabis cardholder has had a consultation under Subsection <xref depth="4" refnumber="26B-4-231(5)">26B-4-231(5)</xref>, verbally offer to a medical cannabis cardholder at the time of a purchase of medical cannabis or a medical cannabis device, personal counseling with the pharmacy medical provider; and</subsection><subsection number="4-41a-1101(10)(d)">provide a telephone number or website by which the cardholder may contact a pharmacy medical provider for counseling.</subsection></subsection><subsection number="4-41a-1101(11)"><subsection number="4-41a-1101(11)(a)">A medical cannabis pharmacy may create a medical cannabis disposal program that allows an individual to deposit unused or excess medical cannabis or cannabis residue from a medical cannabis device in a locked box or other secure receptacle within the medical cannabis pharmacy.</subsection><subsection number="4-41a-1101(11)(b)">A medical cannabis pharmacy with a disposal program described in Subsection <xref depth="4" refnumber="4-41a-1101(11)(a)">(11)(a)</xref> shall ensure that only a medical cannabis pharmacy agent or pharmacy medical provider can access deposited medical cannabis.</subsection><subsection number="4-41a-1101(11)(c)">A medical cannabis pharmacy shall dispose of any deposited medical cannabis by:<subsection number="4-41a-1101(11)(c)(i)">rendering the deposited medical cannabis unusable and unrecognizable before transporting deposited medical cannabis from the medical cannabis pharmacy; and</subsection><subsection number="4-41a-1101(11)(c)(ii)">disposing of the deposited medical cannabis in accordance with:<subsection number="4-41a-1101(11)(c)(ii)(A)">federal and state law, rules, and regulations related to hazardous waste;</subsection><subsection number="4-41a-1101(11)(c)(ii)(B)">the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;</subsection><subsection number="4-41a-1101(11)(c)(ii)(C)">Title 19, Chapter 6, Part 5, Solid Waste Management Act; and</subsection><subsection number="4-41a-1101(11)(c)(ii)(D)">other regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection></subsection></subsection><subsection number="4-41a-1101(12)">A medical cannabis pharmacy:<subsection number="4-41a-1101(12)(a)">shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act, as a pharmacy medical provider;</subsection><subsection number="4-41a-1101(12)(b)">may employ a physician who has the authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as a pharmacy medical provider;</subsection><subsection number="4-41a-1101(12)(c)">shall ensure that a pharmacy medical provider described in Subsection <xref depth="4" refnumber="4-41a-1101(12)(a)">(12)(a)</xref> works onsite during all business hours;</subsection><subsection number="4-41a-1101(12)(d)">shall designate one pharmacy medical provider described in Subsection <xref depth="4" refnumber="4-41a-1101(12)(a)">(12)(a)</xref> as the pharmacist-in-charge to oversee the operation of and generally supervise the medical cannabis pharmacy;</subsection><subsection number="4-41a-1101(12)(e)">shall allow the pharmacist-in-charge to determine which medical cannabis products the medical cannabis pharmacy maintains in the medical cannabis pharmacy's inventory;</subsection><subsection number="4-41a-1101(12)(f)">for each medical cannabis product sold by the medical cannabis pharmacy, shall:<subsection number="4-41a-1101(12)(f)(i)">allow a medical cannabis cardholder located in the pharmacy to view the fact panel of the product when requested; and</subsection><subsection number="4-41a-1101(12)(f)(ii)">beginning July 1, 2025, include a picture of the fact panel of the product on the medical cannabis pharmacy's website;</subsection></subsection><subsection number="4-41a-1101(12)(g)">shall maintain a video surveillance system that:<subsection number="4-41a-1101(12)(g)(i)">tracks all handling of medical cannabis in the pharmacy;</subsection><subsection number="4-41a-1101(12)(g)(ii)">is tamper proof; and</subsection><subsection number="4-41a-1101(12)(g)(iii)">stores a video record for at least 45 days;</subsection></subsection><subsection number="4-41a-1101(12)(h)">shall provide the department access to the video surveillance system upon request;</subsection><subsection number="4-41a-1101(12)(i)">if a patient product information insert is available, shall provide a patient who purchases a medical cannabis product the medical cannabis product's patient product information insert using any of the following methods:<subsection number="4-41a-1101(12)(i)(i)">a physical document;</subsection><subsection number="4-41a-1101(12)(i)(ii)">an email message;</subsection><subsection number="4-41a-1101(12)(i)(iii)">a text message; or</subsection><subsection number="4-41a-1101(12)(i)(iv)">a quick response code; and</subsection></subsection><subsection number="4-41a-1101(12)(j)">may not allow a recommending medical provider to recommend medical cannabis as part of an event that:<subsection number="4-41a-1101(12)(j)(i)">is a temporary gathering, market, clinic, or promotional event;</subsection><subsection number="4-41a-1101(12)(j)(ii)">operates in a temporary tent or structure; and</subsection><subsection number="4-41a-1101(12)(j)(iii)">is held within 500 feet of the medical cannabis pharmacy's property line.</subsection></subsection></subsection><subsection number="4-41a-1101(13)">The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products by a medical cannabis pharmacy.</subsection></section>