This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 19, 2016 at 7:37 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies and enacts provisions related to medical cannabis.
10 Highlighted Provisions:
11 This bill:
12 ▸ allows an individual with a qualifying illness who registers with the Department of
13 Health to possess and use, under certain circumstances, Ŝ→ [
14 product Ŝ→ [
15 ▸ directs the Department of Health, the Department of Agriculture and Food, the
16 Department of Public Safety, and the Department of Technology Services to:
17 • determine the function and operation of a state electronic verification system;
18 and
19 • select a third party provider to develop and maintain the state electronic
20 verification system;
21 ▸ directs the Department of Health to issue:
22 • a license to operate a cannabis dispensary to a person who meets certain
23 qualifications; and
24 • to an individual who meets certain qualifications, a registration card to act as an
25 agent of a cannabis dispensary;
26 ▸ directs the Department of Agriculture and Food to issue, to a person who meets
27 certain qualifications, a license to operate a cannabis production establishment,
28 including:
29 • a cannabis cultivation facility;
30 • a cannabis processing facility; or
31 • an independent cannabis testing laboratory;
32 ▸ directs the Department of Agriculture and Food to issue, to an individual who meets
33 certain qualifications, a registration card to act as an agent of a cannabis production
34 establishment;
35 ▸ directs the Department of Health to issue a medical cannabis card to an individual
36 who meets the requirements of:
37 • a qualified patient;
38 • a parent or guardian of a minor who is a qualified patient; or
39 • a designated caregiver of a qualified patient;
40 ▸ allows a licensed cannabis dispensary to possess Ŝ→ [
40a product Ŝ→ [
41 medical cannabis device, and to sell the Ŝ→ [
41a medical
42 cannabis device to an individual with a medical cannabis card;
43 ▸ allows a licensed cannabis cultivation facility to grow cannabis, possess cannabis,
44 and sell the cannabis to a licensed cannabis processing facility Ŝ→ [
45 cannabis dispensary
46 ▸ allows a licensed cannabis processing facility to possess cannabis, process cannabis
47 into a cannabis product, and sell the cannabis product to a licensed cannabis
48 dispensary;
49 ▸ allows a licensed independent cannabis testing laboratory to possess cannabis or a
50 cannabis product for the purpose of testing the cannabis or cannabis product for
51 content and safety;
52 Ŝ→ [
53 cannabis establishment;
54 ▸ provides that a licensed cannabis dispensary or licensed cannabis production
55 establishment may operate in a political subdivision as:
56 • a permitted use in an industrial, manufacturing, agriculture, or similar zone; and
57 • as a conditional use in a commercial or similar zone;
58 : ▸ provides that a licensed cannabis production establishment may operate in a
59 political subdivision:
60 • as a permitted use in an industrial, manufacturing, agriculture, or similar zone;
61 ▸ allows an individual driving with a measurable metabolite of cannabis to assert, as
62 an affirmative defense, that the individual used the cannabis pursuant to Utah law or
63 the law of another state;
64 ▸ prohibits a court from discriminating against a parent in a child custody case based
65 on the parent's lawful possession or use of Ŝ→ [
66 ▸ prohibits a peace officer or child welfare worker from removing a child from an
67 individual's home on the basis of the individual's lawful possession or use of Ŝ→ a ←Ŝ
68 cannabis Ŝ→ product ←Ŝ ;
69 Ŝ→ [
70 public employee because of the employee's lawful possession of or use of cannabis,
71 a cannabis product, or a medical cannabis device.
72 ▸ imposes a tax on the sale of Ŝ→ [
72a medical cannabis
73 device at a cannabis dispensary;
74 ▸ exempts from sales and use tax the sale of Ŝ→ [
74a Ŝ→ [
75 medical cannabis device by a cannabis dispensary;
76 ▸ creates the Medical Cannabis Restricted Account, consisting of:
77 • proceeds of the medical cannabis tax;
78 • medical cannabis card application fees;
79 • cannabis dispensary application and licensing fees;
80 • cannabis production establishment application and licensing fees; and
81 • fines collected for violations of state medical cannabis law; and
82 ▸ repeals and replaces, after state medical cannabis regulation is implemented, the
83 Hemp Extract Regulation Act.
84 Money Appropriated in this Bill:
85 None
86 Other Special Clauses:
87 This bill provides a special effective date.
88 Utah Code Sections Affected:
89 AMENDS:
90 Ŝ→ [
91 17-27a-104, as last amended by Laws of Utah 2013, Chapter 309
92 30-3-10, as last amended by Laws of Utah 2014, Chapter 409
93 41-6a-517, as last amended by Laws of Utah 2013, Chapter 333
94 62A-4a-202.1, as last amended by Laws of Utah 2012, Chapters 221 and 293
95 63I-1-226, as last amended by Laws of Utah 2015, Chapters 16, 31, and 258
96 63I-1-258, as last amended by Laws of Utah 2015, Chapters 40, 186, 187, 320, 367,
97 and 432
98 78A-6-508, as last amended by Laws of Utah 2014, Chapter 409
99 ENACTS:
100 4-42-101, Utah Code Annotated 1953
101 4-42-102, Utah Code Annotated 1953
102 4-42-103, Utah Code Annotated 1953
103 Ŝ→ [
104 4-42-201, Utah Code Annotated 1953
105 4-42-202, Utah Code Annotated 1953
106 4-42-203, Utah Code Annotated 1953
107 4-42-301, Utah Code Annotated 1953
108 4-42-302, Utah Code Annotated 1953
109 4-42-303, Utah Code Annotated 1953
110 4-42-401, Utah Code Annotated 1953
111 4-42-402, Utah Code Annotated 1953
112 4-42-403, Utah Code Annotated 1953
113 4-42-404, Utah Code Annotated 1953
114 Ŝ→ [
115 4-42-501, Utah Code Annotated 1953
116 4-42-601, Utah Code Annotated 1953
117 4-42-602, Utah Code Annotated 1953
118 4-42-603, Utah Code Annotated 1953
119 4-42-701, Utah Code Annotated 1953
120 4-42-702, Utah Code Annotated 1953
121 4-42-801, Utah Code Annotated 1953
122 26-58-101, Utah Code Annotated 1953
123 26-58-102, Utah Code Annotated 1953
124 Ŝ→ [
125 26-58-104, Utah Code Annotated 1953
126 26-58-105, Utah Code Annotated 1953
127 26-58-106, Utah Code Annotated 1953
128 26-58-107, Utah Code Annotated 1953
129 26-58-108, Utah Code Annotated 1953
130 26-58-109, Utah Code Annotated 1953
131 Ŝ→ [
132 26-58-201, Utah Code Annotated 1953
133 26-58-202, Utah Code Annotated 1953
134 26-58-203, Utah Code Annotated 1953
135 26-58-204, Utah Code Annotated 1953
136 26-58-301, Utah Code Annotated 1953
137 26-58-302, Utah Code Annotated 1953
138 26-58-303, Utah Code Annotated 1953
139 26-58-304, Utah Code Annotated 1953
140 26-58-401, Utah Code Annotated 1953
141 26-58-402, Utah Code Annotated 1953
142 26-58-403, Utah Code Annotated 1953
143 26-58-501, Utah Code Annotated 1953
144 26-58-502, Utah Code Annotated 1953
145 26-58-503, Utah Code Annotated 1953
146 26-58-504, Utah Code Annotated 1953
147 26-58-505, Utah Code Annotated 1953
148 Ŝ→ [
149 26-58-601, Utah Code Annotated 1953
150 53-1-106.5, Utah Code Annotated 1953
151 58-37-3.6, Utah Code Annotated 1953
152 58-37-3.7, Utah Code Annotated 1953
153 59-12-104.7, Utah Code Annotated 1953
154 59-28-101, Utah Code Annotated 1953
155 59-28-102, Utah Code Annotated 1953
156 59-28-103, Utah Code Annotated 1953
157 59-28-104, Utah Code Annotated 1953
158 59-28-105, Utah Code Annotated 1953
159 59-28-106, Utah Code Annotated 1953
160 59-28-107, Utah Code Annotated 1953
161 59-28-108, Utah Code Annotated 1953
162
163 Be it enacted by the Legislature of the state of Utah:
164 Section 1. Section 4-42-101 is enacted to read:
165
166
167 4-42-101. Title.
168 (1) This chapter is known as "Cannabis Production Establishments."
169 Section 2. Section 4-42-102 is enacted to read:
170 4-42-102. Definitions.
171 As used in this chapter:
172 (1) "Cannabinoid profile" means the percentage of cannabis or a cannabis product, by
173 weight, that is composed of the cannabinoids:
174 (a) Tetrahydrocannabinol or THC;
175 (b) Tetrahyrdocannabinolic acid or THCa;
176 (c) Cannabidiol or CBD;
177 (d) Cannabinol or CBN; and
178 (e) Cannabigerol or CBG.
179 (2) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
180 (3) "Cannabis cultivation facility" means a person that:
181 (a) grows cannabis; or
182 (b) possesses cannabis with the intent to grow cannabis.
183 (4) "Cannabis cultivation facility agent" means an individual who is an owner, officer,
184 director, board member, employee, or volunteer of a cannabis cultivation facility.
185 (5) "Cannabis dispensary" means the same as that term is defined in Section
186 26-58-102.
187 (6) "Cannabis dispensary agent" means the same as that term is defined in Section
188 26-58-102.
189 (7) "Cannabis processing facility" means a person that:
190 (a) manufactures a cannabis product from unprocessed cannabis;
191 (b) purchases or possesses cannabis with the intent to manufacture a cannabis product;
192 or
193 (c) sells or intends to sell a cannabis product to a cannabis dispensary.
194 (8) "Cannabis processing facility agent" means an individual who is an owner, officer,
195 director, board member, employee, or volunteer of a cannabis processing facility.
196 (9) "Cannabis product" means the same as that term is defined in Section 58-37-3.6.
197 (10) "Cannabis production establishment" means:
198 (a) a cannabis cultivation facility;
199 (b) a cannabis processing facility; or
200 (c) an independent cannabis testing laboratory;
201 (11) "Cannabis production establishment agent" means:
202 (a) a cannabis cultivation facility agent;
203 (b) a cannabis processing facility agent; or
204 (c) an independent cannabis testing laboratory agent.
205 (12) "Cannabis production establishment agent registration card" means a registration
206 card, issued by the department, that:
207 (a) authorizes an individual to act as a cannabis production establishment agent; and
208 (b) designates the type of cannabis production establishment for which an individual is
209 authorized to act as an agent.
210 (13) "Independent cannabis testing laboratory" means a person that:
211 (a) conducts a chemical or other analysis of cannabis or a cannabis product; or
212 (b) possesses cannabis or a cannabis product with the intent to conduct a chemical or
213 other analysis of the cannabis or cannabis product.
214 (14) "Independent cannabis testing laboratory agent" means an individual who is an
215 owner, officer, director, board member, employee, or volunteer of an independent cannabis
216 testing laboratory.
217 (15) "Inventory control system" means the system described in Section 4-42-103.
218 (16) "Medical cannabis card" means the same as that term is defined in Section
219 26-58-102.
220 (17) "Medical Cannabis Restricted Account" means the account created in Section
221 26-58-109.
222 (18) "Physician" means the same as that term is defined in Section 26-58-201.
223 (19) "State electronic verification system" means the system described in Section
224 26-58-104.
225 Section 3. Section 4-42-103 is enacted to read:
226 4-42-103. Inventory control system.
227 (1) A cannabis production establishment and a cannabis dispensary shall maintain an
228 inventory control system that meets the requirements of this section.
229 (2) An inventory control system shall track cannabis, using a unique identifier, in real
230 time, from the point that a cannabis plant is eight inches tall, and has a root ball, until the
231 cannabis is sold, in the form of Ŝ→ [
231a individual
232 with a medical cannabis card.
233 (3) An inventory control system shall store in real time a record of the amount of
234 cannabis and cannabis products in the cannabis production establishment's or cannabis
235 dispensary's possession.
236 (4) An inventory control system shall include a video recording system that:
237 (a) tracks all handling and processing of cannabis or a cannabis product in the cannabis
238 production establishment or cannabis dispensary;
239 (b) is tamper proof;
240 (c) is capable of storing a video record for 45 days.
241 (5) An inventory control system installed in a cannabis production establishment or
242 cannabis dispensary shall maintain compatibility with the state electronic verification system.
243 (6) A cannabis production establishment or cannabis dispensary shall allow the
244 department or The Department of Health access to the cannabis production establishment's or
245 cannabis dispensary's inventory control system during an inspection.
246 (7) The department may establish compatibility standards for an inventory control
247 system by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
248 Rulemaking Act.
249 Ŝ→ [
250 4-42-104. Preemption.
251 This chapter preempts any ordinance enacted by a political subdivision of the state
252 regarding a cannabis production establishment.] ←Ŝ
253 Ŝ→ [
254
255 4-42-201. Cannabis production establishment -- License.
256 (1) In order to operate a cannabis production establishment, a person shall obtain a
257 license issued by the department under this chapter.
258 (2) Subject to Subsections (6) and (7), the department shall, within 30 days after
259 receiving a complete application, issue a license to operate a cannabis production establishment
260 to a person who submits to the department:
261 (a) a proposed name, address, and physical location where the person will operate the
262 cannabis production establishment;
263 (b) an operating plan that complies with Section 4-42-203;
264 (c) evidence that the person possesses or controls a minimum of $250,000 in liquid
265 assets for each license for which the person applies;
266 (d) for each location of a cannabis production establishment for which the person
267 applies, a complete application for a local business license;
268 (e) an application fee:
269 (i) before January 1, 2017, of $2,500; and
270 (ii) after January 1, 2017, in an amount established by the department in accordance
271 with Section 63J-1-504, that is necessary to cover the department's cost to implement this
272 chapter; and
273 (f) the result of a criminal background check for each proposed cannabis production
274 establishment agent for the cannabis production establishment.
275 (3) If the department determines that a cannabis production establishment is eligible for
276 a license under this section, the department shall:
277 (a) before January 1, 2017, charge the cannabis production establishment an initial
278 license fee of $50,000; and
279 (b) on or after January 1, 2017, charge the cannabis establishment an initial license fee
280 in an amount determined by the department in accordance with Section 63J-1-504.
281 (4) The department shall require a separate application license and a separate license
282 application fee under Subsection (3) for each type of cannabis production establishment and
283 each location of a cannabis production establishment.
284 (5) The department may issue any combination of a cannabis cultivation facility
285 license, a cannabis processing facility license, and a cannabis dispensary license to a person to
286 operate:
287 (a) at the same physical location; or
288 (b) at separate physical locations.
289 (6) The department may not issue a license to operate an independent cannabis testing
290 laboratory to a person:
291 (a) that holds a license or has an ownership interest in a cannabis dispensary, a
292 cannabis processing facility, or a cannabis cultivation facility in the state;
293 (b) that has an owner, officer, director, or employee whose immediate family member
294 holds a license or has an ownership interest in a cannabis dispensary, a cannabis processing
295 facility, or a cannabis cultivation facility; or
296 (c) proposes to operate the independent cannabis testing laboratory at the same physical
297 location as a cannabis dispensary, a cannabis processing facility, or a cannabis cultivation
298 facility.
299 Section 6. Section 4-42-202 is enacted to read:
300 4-42-202. Renewal.
301 (1) The department shall renew a person's license issued under Section 4-42-201 every
302 two years, if, at the time of renewal, the person meets the requirements of Section 4-42-201.
303 (2) The department shall charge a cannabis production establishment that the
304 department determines is eligible for license renewal a license renewal fee in an amount
305 determined by the department in accordance with Section 63J-1-504.
306 Section 7. Section 4-42-203 is enacted to read:
307 4-42-203. Operating plan.
308 (1) A person applying for a license to operate a cannabis production facility shall
309 submit to the department, with the person's application, a proposed operation plan that
310 includes:
311 (a) drawings of the physical characteristics of the proposed facility, including a site
312 plan, floor plan and architectural elevations which indicate compliance with the requirements
313 of this chapter;
314 (b) a description of the credentials and experience of:
315 (i) each officer, director, or owner of the proposed cannabis production establishment;
316 and
317 (ii) any highly skilled or experienced prospective employee;
318 (c) the cannabis production establishment's employee training standards;
319 (d) a security plan;
320 (e) a banking and financial services plan;
321 (f) a description of the cannabis production establishment's inventory control system,
322 including a plan to make the inventory control system compatible with the state electronic
323 verification system;
324 (g) for a cannabis cultivation facility, the information described in Subsection (2);
325 (h) for a cannabis processing facility, the information described in Subsection (3); and
326 (i) for an independent cannabis testing laboratory, the information described in
327 Subsection (4).
328 (2) A cannabis cultivation facility's operating plan shall include:
329 (a) evidence that the cannabis cultivation facility has entered into a preliminary
330 agreement with a cannabis processing facility or a cannabis dispensary in the state to purchase
331 the cannabis cultivation facility's output; and
332 (b) the cannabis cultivation facility's intended cannabis cultivation practices, including
333 the cannabis cultivation facility's intended:
334 (i) pesticide use;
335 (ii) fertilizer use;
336 (iii) square footage under cultivation; and
337 (iv) anticipated cannabis yield.
338 (3) A cannabis processing facility's operating plan shall include:
339 (a) evidence that the cannabis processing facility has entered into a preliminary
340 agreement:
341 (i) with a cannabis cultivation facility in the state to purchase unprocessed cannabis
342 input; and
343 (ii) with a cannabis dispensary in the state to purchase the cannabis processing facility's
344 output;
345 (b) the cannabis processing facility's intended cannabis processing practices, including
346 the cannabis processing facility's intended:
347 (i) offered variety of cannabis product;
348 (ii) cannabinoid extraction method;
349 (iii) cannabinoid extraction equipment;
350 (iv) processing equipment;
351 (v) processing techniques; and
352 (vi) sanitation and food safety procedures;
353 (4) An independent cannabis testing laboratory's operating plan shall include:
354 (a) evidence that the independent cannabis testing laboratory agreement with a
355 cannabis production establishment to provide testing services; and
356 (b) the independent cannabis testing laboratory's intended:
357 (i) cannabis and cannabis product testing capability; and
358 (ii) cannabis and cannabis product testing equipment.
359 Section 8. Section 4-42-301 is enacted to read:
360
361 4-42-301. Cannabis production establishment agent -- Registration.
362 (1) In order to act as a cannabis production establishment agent, an individual shall
363 register with the department as a cannabis production establishment agent.
364 (2) A physician may not serve as a cannabis production establishment agent.
365 (3) An independent cannabis testing laboratory agent may not act as an agent for a
366 cannabis dispensary, a cannabis processing facility, or a cannabis cultivation facility.
367 (4) The department shall, within 30 business days after receiving a complete
368 application, register and issue a cannabis production establishment agent registration card to an
369 individual who:
370 (a) has not been convicted of an offense that is a felony under either state or federal
371 law;
372 (b) provides to the department:
373 (i) the individual's name and address; and
374 (ii) the name and location of a licensed cannabis production establishment where the
375 individual seeks to act as the cannabis production establishment's agent;
376 (c) pays the department a fee:
377 (i) before January 1, 2017, of $250; and
378 (ii) on or after January 1, 2017, in an amount determined by the department in
379 accordance with Section 63J-1-504, that is necessary to cover the department's cost to
380 implement this part; and
381 (d) complies with the requirement for and passes a criminal background check
382 described in Section 4-42-302.
383 (5) The department shall designate, on an individual's cannabis production
384 establishment agent registration card the name and type of any cannabis production
385 establishment where the individual is registered as an agent.
386 (6) A cannabis production establishment agent shall comply with a certification
387 standard developed by the department or with a third party certification standard approved by
388 the department.
389 (7) The certification standard described in Subsection (6) shall address:
390 (a) Utah medical cannabis law;
391 (b) for a cannabis cultivation facility agent, cannabis cultivation best practices;
392 (c) for a cannabis processing facility agent, cannabis processing, food safety, and
393 sanitation best practices; and
394 (d) for an independent cannabis testing laboratory agent, cannabis testing best
395 practices.
396 (8) The department may revoke or refuse to issue a cannabis production establishment
397 agent registration card of an individual who:
398 (a) violates the requirements of this chapter; or
399 (b) is convicted of an offense, that is a felony under state or federal law, that involves a
400 drug or violent crime.
401 Section 9. Section 4-42-302 is enacted to read:
402 4-42-302. Cannabis production establishment agent -- Criminal background
403 checks.
404 (1) An individual that applies for registration as a cannabis production establishment
405 agent under Section 4-42-301 shall:
406 (a) submit, at the time of application, a fingerprint card in a form acceptable to the
407 department; and
408 (b) consent to a fingerprint background check by:
409 (i) the Utah Bureau of Criminal Identification; and
410 (ii) the Federal Bureau of Investigation.
411 (2) The department shall request that the Department of Public Safety complete a
412 Federal Bureau of Investigation criminal background check for the individual described in
413 Subsection (1).
414 Section 10. Section 4-42-303 is enacted to read:
415 4-42-303. Cannabis production establishment agent registration card --
416 Rebuttable presumption.
417 (1) A cannabis production establishment agent who is registered with the department
418 under Section 4-42-301 shall carry the individual's cannabis production establishment agent
419 registration card with the individual at all times when:
420 (a) the individual is on the premises of the cannabis production establishment where
421 the individual is a cannabis production establishment agent; and
422 (b) the individual is transporting cannabis, a cannabis product, or a medical cannabis
423 device between two cannabis production establishments or between a cannabis production
424 establishment and a cannabis dispensary.
425 (2) If an individual handling cannabis, a cannabis product, or a medical cannabis
426 device at a cannabis production establishment, or transporting cannabis, a cannabis product, or
427 a medical cannabis device, possesses the cannabis, cannabis product, or medical cannabis
428 device in compliance with Subsection (1):
429 (a) there is a rebuttable presumption that the individual possesses the cannabis,
430 cannabis product, or medical cannabis device legally; and
431 (b) a law enforcement officer does not have probable cause, based solely on the
432 individual's possession of the cannabis, cannabis product, or medical cannabis device in
433 compliance with Subsection (1), to believe that the individual is engaging in illegal activity.
434 (3) A cannabis production establishment agent registered with the department is guilty
435 of an infraction if the registered cannabis production establishment agent:
436 (a) (i) is on the premises of a cannabis production establishment where the individual is
437 registered as an agent; or
438 (ii) transports cannabis, a cannabis product, or a medical cannabis device; and
439 (b) does not possess, on the registered cannabis production establishment agent's
440 person, a valid cannabis production establishment agent registration card.
441 (4) A registered cannabis production establishment agent who is guilty of an infraction
442 under Subsection (3) is subject to a fine of no more than $100.
443 Section 11. Section 4-42-401 is enacted to read:
444
445 4-42-401. Cannabis production establishment -- General operating requirements.
446 (1) (a) A cannabis production establishment shall operate in accordance with the
447 operating plan provided to the department under Section 4-42-203.
448 (b) A cannabis production establishment shall notify the department no longer than 30
449 days after a change in the cannabis production establishment's operating plan.
450 (2) A cannabis production establishment shall operate:
451 (a) except as provided in Subsection (3), in a facility with a controlled entrance that is
452 accessible only by an individual with a valid cannabis production establishment agent
453 registration card issued under Section 4-42-301; and
454 (b) at the physical address provided to the department under Section 4-42-201.
455 (3) A cannabis production establishment may allow an individual who is a visitor, a
456 contractor, or a member of the press to access the cannabis production establishment if the
457 cannabis production establishment:
458 (a) ensures that the individual is accompanied by a cannabis production establishment
459 agent at all times while the individual is at the cannabis production establishment; and
460 (b) maintains a record of the individual's access.
461 (4) A cannabis production establishment shall operate in a facility that has:
462 (a) no exterior signage that indicates the type of business;
463 (b) a single, secure public entrance;
464 (c) a security system with a backup power source that:
465 (i) detects and records entry into the cannabis production establishment during business
466 hours; and
467 (ii) provides notice of an unauthorized entry to law enforcement when the cannabis
468 production establishment is closed; and
469 (d) a locked and reinforced area where the cannabis production establishment stores
470 cannabis or a cannabis product.
470a Ŝ→ (5) A cannabis production establishment may not operate:
470b (a) within 600 feet of a community location, as defined in Section 32B-1-102, that is
470c not a public or private school; or
470d (b) within 1000 feet of a public or private school. ←Ŝ
471 Section 12. Section 4-42-402 is enacted to read:
472 4-42-402. Inspections.
473 (1) Subject to Subsection (2), the department shall inspect the records and facility of a
474 cannabis production establishment in order to determine if the cannabis production
475 establishment complies with the licensing requirements of this chapter.
476 (2) The department may inspect the records and facility of a cannabis production
477 establishment Ŝ→ [
478 (a) up to three scheduled times per year;
479 (b) up to as one unscheduled time per year; and
480 (c) if the department has reason to believe that the cannabis production establishment
481 has violated the law,
482 Section 13. Section 4-42-403 is enacted to read:
483 4-42-403. Advertising.
484 (1) A cannabis production establishment may not advertise to the general public in any
485 medium.
486 (2) Notwithstanding Subsection (1), a cannabis production establishment may advertise
487 employment opportunities at the cannabis production facility.
488 Section 14. Section 4-42-404 is enacted to read:
489 4-42-404. Cannabis, cannabis product, or medical cannabis device transportation.
490 (1) Except for an individual or a designated caregiver with a medical cannabis card
491 who possesses cannabis or a cannabis product in accordance with Section 26-58-204, an
492 individual may only transport cannabis, a cannabis product, or a cannabis device between
493 cannabis production establishments or between a cannabis production establishment and a
494 cannabis dispensary if the individual is:
495 (a) a registered cannabis production establishment agent; or
496 (b) a registered cannabis dispensary agent.
497 (2) An individual transporting cannabis, a cannabis product, or a medical cannabis
498 device shall possess a transportation manifest that:
499 (a) includes a unique identifier that links the cannabis, cannabis product, or medical
500 cannabis device to a related inventory control system;
501 (b) includes origin and destination information for any cannabis, cannabis product, or
502 medical cannabis device the individual is transporting; and
503 (c) indicates the departure and arrival times and locations of the individual transporting
504 the cannabis, cannabis product, or medical cannabis device.
505 (3) In addition to the requirements in Subsections (1) and (2), the department may
506 establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
507 Rulemaking Act, requirements for transporting cannabis, a cannabis product, or a medical
508 cannabis device that are related to safety for human consumption of cannabis or cannabis
509 products.
510 (4) A cannabis production establishment agent registered with the department is guilty
511 of an infraction if the registered cannabis production establishment agent:
512 (a) transports cannabis, a cannabis product, or a medical cannabis device; and
513 (b) does not possess, on the registered cannabis production establishment agent's
514 person or in the transport vehicle, a manifest that complies with Subsection (3).
515 (5) A registered cannabis production establishment agent who is guilty of an infraction
516 under Subsection (3) is subject to a $100 fine.
517 Ŝ→ [
518 4-42-405. Zoning.
519 (1) A municipality or local government may not enact a zoning ordinance that prohibits
520 a cannabis production establishment from operating in a location within the municipality's or
521 local government's jurisdiction, on the sole basis that the cannabis production establishment is ☆
522 a cannabis production establishment.
523 (2) A municipality or local government shall allow a cannabis production
524 establishment to operate as a permitted use in an agricultural, an industrial, or a manufacturing
525 zone, or in a zone that allows for similar uses.
526 Ŝ→ [
527
528 4-42-501. Cannabis cultivation facility -- Operating requirements.
529 (1) A cannabis cultivation facility shall ensure that any cannabis growing at the
530 cannabis cultivation facility is screened from view at the cannabis cultivation facility perimeter.
531 (2) A cannabis cultivation facility shall use a unique identifier that is connected to the
532 cannabis cultivation facility's inventory control system for:
533 (a) beginning at the time a cannabis plant is 8 inches tall and has a root ball, each
534 cannabis plant;
535 (b) each unique harvest of cannabis plants; and
536 (c) each batch of cannabis transferred to a cannabis dispensary, a cannabis processing
537 facility, or an independent cannabis testing laboratory.
538 (4) The department shall review a cannabis cultivation facility's operating plan
539 submitted under Section 4-42-203 for the purpose of ensuring that the cannabis that a
540 cultivation facility cultivates is safe for human use.
541 Ŝ→ [
542
543 4-42-601. Cannabis processing facility -- Operating requirements -- General.
544 (1) A cannabis processing facility shall ensure that a cannabis product that the cannabis
545 processing facility sells or provides to a cannabis dispensary complies with the requirements of
546 this part.
547 (2) If a cannabis processing facility extracts cannabinoids from cannabis using a
548 hydrocarbon process, the cannabis processing facility shall extract the cannabinoids under a
549 blast hood.
550 (3) The department shall review a cannabis processing facility's operating plan
551 submitted under Section 4-42-203 for the purpose of ensuring that a cannabis product that the
552 cannabis processing facility produces is safe for human consumption.
553 Section 18. Section 4-42-602 is enacted to read:
554 4-42-602. Cannabis product -- Labeling and packaging.
555 (1) A cannabis product shall have a label that:
556 (a) clearly and unambiguously states that the cannabis product contains cannabis;
557 (b) clearly displays:
558 (i) the total amount of cannabinoids by weight in the cannabis product; Ŝ→ [
559 (ii) the cannabinoid profile of the cannabis product; Ŝ→ and
559a (iii) the number of doses, and the milligrams in each dose, in the cannabis product; ←Ŝ
560 (c) has a unique batch identifier that is connected to the cannabis processing facility's
561 inventory control system.
562 (d) identifies the cannabinoid extraction method that the cannabis precessing facility
563 used to create the cannabis product;
564 (e) if the cannabis processing facility used a hydrocarbon extraction process to create
565 the cannabis product, a certification that the product contains a level of residual solvents that is
566 safe for human consumption;
567 (f) does not display images, words, or phrases that are:
568 (i) intended to appeal to children; or
569 (ii) similar to words or phrases used on candy labels; and
570 (g) certifies that the cannabis product is free from microbiological contaminants.
571 (2) A cannabis processing facility shall package a cannabis product in a container that:
572 (a) is tamper evident;
573 (b) is not appealing to children or similar to a candy container;
574 (c) is opaque; and
575 (d) complies with the industry child-resistant effectiveness standard known as F4.
576 Section 19. Section 4-42-603 is enacted to read:
577 4-42-603. Cannabis product -- Product quality.
578 (1) A cannabis processing facility may not produce a cannabis product in a physical
579 form that:
580 (a) is intended to appeal to children; or
581 (b) is designed to mimic or be mistaken for an existing candy product.
582 (2) A cannabis processing facility may not manufacture a cannabis product by applying
583 a cannabis agent only to the surface of a pre-manufactured food product that is not produced by
584 the cannabis processing facility.
585 (3) A cannabis product may vary in the cannabis product's labeled cannabis profile by
586 up to 15% of the indicated amount of a given cannabinoid, by weight.
587 (4) The department shall adopt, by rule made in accordance with Title 63G, Chapter 3,
588 Utah Administrative Rulemaking Act, human consumption safety standards for a cannabis
589 product that are consistent, to the extent possible, with standards adopted by the United States
590 Food and Drug Administration for products that are similarly applied or ingested.
591 Section 20. Section 4-42-701 is enacted to read:
592
593 4-42-701. Cannabis and cannabis product testing.
594 (1) An independent cannabis testing laboratory shall, before Ŝ→ [
594a cannabis
595 product is offered for sale at a cannabis dispensary, accurately test and certify the Ŝ→ [
597 (2) An independent cannabis testing laboratory shall determine the cannabinoid profile
598 of Ŝ→ [
599 (3) An independent cannabis testing laboratory shall determine if Ŝ→ [
600 cannabis product contains, in an amount that is harmful to human health:
601 (a) mold;
602 (b) fungus;
603 (c) pesticides; or
604 (d) microbial contaminants.
605 (4) For a cannabis product that is manufactured using a process that involves extraction
606 using hydrocarbons, an independent cannabis testing laboratory shall test the cannabis product
607 for an unhealthy level of a residual solvent.
608 (5) The department may determine, by rule made in accordance with Title 63G,
609 Chapter 3, Utah Administrative Rulemaking Act, the amount that is safe for human
610 consumption of:
611 (a) a substance described in Subsection (3); and
612 (b) a residual solvent.
613 Section 21. Section 4-42-702 is enacted to read:
614 4-42-702. Reporting -- Inspections -- Seizure by the department.
615 (1) If an independent cannabis testing laboratory determines that the results of a lab test
616 indicate that a Ŝ→ [
616a consumption:
617 (a) the independent cannabis testing laboratory shall report the results and the Ŝ→ [
618 or
619 (i) the department; and
620 (ii) the cannabis production establishment that prepared the Ŝ→ [
621 product batch;
622 (b) retain possession of the Ŝ→ [
622a order to
623 investigate the cause of the defective batch and to make a determination; and
624 (c) allow the cannabis production establishment that prepared the Ŝ→ [
624a cannabis
625 product batch to appeal the determination described in Subsection (1)(b), and, if necessary
626 following the appeal, allow the independent cannabis testing laboratory to retest the Ŝ→ [
626a
627 cannabis product batch.
628 (2) If, under Subsection (1)(b), the department determines, following an appeal, that a
629 Ŝ→ [
629a for
630 human consumption, the department may seize, embargo, or destroy a Ŝ→ [
630a cannabis
631 product batch.
632 Section 22. Section 4-42-801 is enacted to read:
633
634 4-42-801. Enforcement -- Fine -- Citation.
635 (1) For a violation of the licensing provisions of this chapter by a person that is a
636 cannabis production establishment or a cannabis production establishment agent:
637 (a) revoke the person's cannabis production establishment license or cannabis
638 production establishment agent registration card;
639 (b) refuse to renew the person's license or registration; or
640 (c) assess the person an administrative penalty.
641 (2) The department shall deposit an administrative penalty imposed under this section
642 in the Medical Cannabis Restricted Account.
643 (3) (a) The department may take an action described in Subsection (3)(b) if the
644 department concludes, upon inspection or investigation, that, for a person that is a cannabis
645 production establishment or a cannabis production establishment agent:
646 (i) the person has violated the provisions of this chapter, a rule made under this
647 chapter, or an order issued under this chapter; or
648 (ii) the person produced Ŝ→ [
648a contains
649 a contaminant described in Section 4-42-701.
650 (b) If the department makes the determination about a person described in Subsection
651 (3)(a)(i), the department shall:
652 (i) issue the person a written citation;
653 (ii) attempt to negotiate a stipulated settlement; or
654 (iii) direct the person to appear before an adjudicative proceeding conducted under
655 Title 63G, Chapter 4, Administrative Procedures Act.
656 (c) If the department makes the determination about a person described in Subsection
657 (3)(a)(ii), the department may:
658 (i) seize, embargo, or destroy the cannabis or cannabis product batch as described in
659 Subsection 4-42-702(2); and
660 (ii) direct the person to appear before an adjudicative proceeding conducted under Title
661 63G, Chapter 4, Administrative Procedures Act.
662 (4) The department may, for a person subject to an uncontested citation, a stipulated
663 settlement, or a finding of a violation in an adjudicative proceeding under this section:
664 (a) assess the person a fine, established in accordance with Section 63J-1-504, of up to
665 $5,000 per violation, in accordance with a fine schedule established by rule made in accordance
666 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
667 (b) order the person to cease and desist from, and cure, the action that creates a
668 violation.
669 (5) The department may not revoke a cannabis production establishment's license via a
670 citation.
671 (6) If within 20 calendar days after the day on which a department serves a citation for
672 a violation of this chapter, the person that is the subject of the citation fails to request a hearing
673 to contest the citation, the department shall use the citation as the basis for the department's
674 final order.
675 (7) The department may, for a person who fails to cure the violation that the basis is for
676 the citation under this section:
677 (a) refuse to issue or renew the person's license or cannabis production establishment
678 agent registration card; or
679 (b) suspend, revoke, or place on probation the person's license or cannabis production
680 establishment registration card.
681 Section 23. Section 10-9a-104 is amended to read:
682 10-9a-104. Stricter requirements.
683 (1) Except as provided in Subsection (2), a municipality may enact an ordinance
684 imposing stricter requirements or higher standards than are required by this chapter.
685 (2) A municipality may not impose stricter requirements or higher standards than are
686 required by:
687 Ŝ→ [
688 [
689 [
690 (d) Section 26-58-506.
691 Section 24. Section 17-27a-104 is amended to read:
692 17-27a-104. Stricter requirements.
693 (1) Except as provided in Subsection (2), a county may enact an ordinance imposing
694 stricter requirements or higher standards than are required by this chapter.
695 (2) A county may not impose stricter requirements or higher standards than are
696 required by:
697 Ŝ→ [
698 [
699 [
700 (d) Section 26-58-506.
701 Section 25. Section 26-58-101 is enacted to read:
702
703
704 26-58-101. Title.
705 This chapter is known as "Medical Cannabis Act."
706 Section 26. Section 26-58-102 is enacted to read:
707 26-58-102. Definitions.
708 As used in this chapter:
709 (1) "Cannabinoid profile" means the percentage of cannabis or a cannabis product, by
710 weight, that is composed of the cannabinoids:
711 (a) Tetrahydrocannabinol or THC;
712 (b) Tetrahyrdocannabinolic acid or THCa;
713 (c) Cannabidiol or CBD;
714 (d) Cannabinol or CBN; and
715 (e) Cannabigerol or CBG.
716 (2) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
717 (3) "Cannabis cultivation facility" means the same as that term is defined in Section
718 4-42-102.
719 (4) "Cannabis dispensary" means a person that:
720 (a) sells cannabis, a cannabis product, or a medical cannabis device; or
721 (b) purchases or possesses cannabis, a cannabis product, or a medical cannabis device,
722 with the intent to sell the cannabis, cannabis product, or medical cannabis device.
723 (5) "Cannabis dispensary agent" means an owner, officer, director, board member, or
724 employee of, or a volunteer at, a cannabis dispensary.
725 (6) "Cannabis dispensary agent registration card" means a registration card, issued by
726 the department, that identifies an individual as a cannabis dispensary agent.
727 (7) "Cannabis processing facility" means the same as that term is defined in Section
728 4-42-102.
729 (8) "Cannabis product" means the same as that term is defined in Section 58-37-3.6.
730 (9) "Cannabis production establishment agent" means the same as that term is defined
731 in Section 4-42-102.
732 (10) "Cannabis production establishment agent registration card" means the same as
733 that term is defined in Section 4-42-102.
734 (11) "Designated caregiver" means an individual:
735 (a) whom a patient with a medical cannabis card designates as the patient's caregiver;
736 and
737 (b) registers with the department under Section 26-58-202.
738 (12) "Independent cannabis testing laboratory" means the same as that term is defined
739 in Section 4-42-102.
740 (13) "Inventory control system" means the system described in Section 4-42-103.
741 (14) "Medical cannabis card" means an official, tamper proof document or card, issued
742 by the department to an individual with a qualifying illness or the individual's designated
743 caregiver under this chapter, that is connected to the electronic verification system.
744 (15) "Medical cannabis device" means the same as that term is defined in Section
745 58-37-3.6(1)(b).
746 (16) "Medical Cannabis Restricted Account" means the account created in Section
747 26-58-109.
748 (17) "Participating entity" means:
749 (a) the Department of Agriculture and Food;
750 (b) the Department of Health; and
751 (c) the Department of Technology Services.
752 (18) "Physician" means an individual who is qualified to recommend cannabis under
753 Section 26-58-207.
754 (19) "Qualifying illness" means a condition described in Section 26-58-105.
755 (20) "State electronic verification system" means the system described in Section
756 26-58-104.
757 Ŝ→ [
758 26-58-103. Preemption.
759 This chapter preempts any ordinance enacted by a political subdivision of the state that
760 regulates a cannabis dispensary.] ←Ŝ
761 Ŝ→ [
762 26-58-104. Electronic verification system.
763 (1) The Department of Agriculture and Food, the Department of Health, the
764 Department of Public Safety, and the Department of Technology Services shall:
765 (a) enter into a memorandum of understanding in order to determine the function and
766 operation of an electronic verification system;
767 (b) coordinate with the Division of Purchasing under Title 63G, Chapter 6a, Utah
768 Procurement Code, to develop a request for proposals for a third party provider to develop and
769 maintain an electronic verification system in coordination with the Department of Technology
770 Services; and
771 (c) select a third party provided described in Subsection (1)(b).
772 (2) The electronic verification system described in Subsection (1) shall:
773 (a) allow an individual, with the individual's physician in the physician's office, to
774 apply for a medical cannabis card;
775 (b) allow a physician to:
776 (i) electronically recommend, during a visit with a patient, treatment with Ŝ→ [
777 cannabis product for the patient; and
778 (ii) see, on a screen where the physician inputs a recommendation, simultaneously
779 while the physician inputs the recommendation, the patient's cannabis dispensing history;
780 (c) issue a medical cannabis card to an individual if the individual meets the
781 requirements described in Section 26-58-201;
782 (d) issue to a designated caregiver, if the designated caregiver meets the requirements
783 in Section 26-58-202, a medical cannabis card on behalf of a named patient;
784 (e) connect with an inventory control system used by each cannabis dispensary and
785 cannabis production establishment to track, in real time, for the purchase of Ŝ→ [
786 cannabis product by a medical cannabis card holder:
787 (i) the time and date of the purchase;
788 (ii) the quantity and type of Ŝ→ [
789 (iii) any cannabis production establishment or cannabis dispensary that cultivated,
790 processed, tested, or sold the Ŝ→ [
791 (f) provide access to the Department of Health and the Department of Agriculture and
792 Food to the extent necessary to carry out the Department of Health's and the Department of
793 Agriculture and Food's functions and responsibilities under:
794 (i) this chapter; and
795 (ii) Title 4, Chapter 42, Cannabis Production Establishment;
796 (g) provide access to state or local law enforcement:
797 (i) during a traffic stop for the purpose of determining if the individual subject to the
798 traffic stop is complying with state medical cannabis law; or
799 (ii) after obtaining a warrant;
800 (h) create a record each time a person accesses the database that identifies the person
801 who accesses the database and the individual whose records are accessed; and
802 (i) transmit an individual's Ŝ→ [
803 controlled substance database created in Section 58-37f-203.
804 (3) The Department of Health may release de-identified data collected by the system
805 under Subsection (2) for the purpose of conducting medical research.
806 Section 29. Section 26-58-105 is enacted to read:
807 26-58-105. Qualifying illness.
808 (1) For the purposes of this chapter, the following conditions are considered a
809 qualifying illness:
810 (a) HIV, acquired immune deficiency syndrome or an autoimmune disorder;
811 (b) Alzheimer's disease;
812 (c) amyotrophic lateral sclerosis;
813 (d) cancer, cachexia, or such condition manifest by physical wasting, nausea, or
814 malnutrition associated with chronic disease;
815 (e) Crohn's disease or a similar gastrointestinal disorder;
816 (f) epilepsy or a similar condition that causes debilitating seizures;
817 (g) multiple sclerosis or a similar condition that causes persistent and debilitating
818 muscle spasms;
819 (h) post-traumatic stress disorder related to military service; and
820 (i) chronic pain in an individual, if:
821 (A) a physician determines that the individual is at greater risk of becoming addicted
822 to, chemically dependent on, or overdosing on, opiate-based pain medication; or
823 (B) a physician determines that the individual is allergic to opiates, or is otherwise
824 medically unable to use opiates.
825 (2) In addition to the conditions described in Subsection (1), a condition approved
826 under Section 26-58-106, in an individual, on a case-by-case basis, is considered a qualifying
827 illness for the purposes of this chapter.
828 Section 30. Section 26-58-106 is enacted to read:
829 26-58-106. Compassionate Use Board.
830 (1) The department shall establish a Compassionate Use Board consisting of:
831 (a) five physicians who are knowledgeable about the medical use of cannabis and
832 certified in one of the following specialties:
833 (i) neurology;
834 (ii) pain medicine and pain management;
835 (iii) medical oncology;
836 (iv) psychiatry;
837 (v) infectious disease;
838 (vi) internal medicine; and
839 (vii) pediatrics; Ŝ→ [
840 (b) the director of the Department of Health or the director's designee as a non-voting
841 member Ŝ→ [
841a (c) two medical research professionals with expertise in cannabinoids or a
841b qualifying illness, including one medical research professional who is affiliated with a
841c research-based higher education institution. ←Ŝ
842 (2) The department shall appoint at least one member of the board who has a specialty
843 in addiction medicine.
844 (3) (a) Ŝ→ [
844a term of three
845 years and Ŝ→ [
845a four years.
846 (b) After the first members' terms expire, members of the board shall serve for a term
847 of four years and shall be eligible for reappointment.
848 (c) Any member of the board may serve until a successor is appointed.
849 (d) The director of the Department of Health or the director's designee shall serve as
850 the nonvoting chair of the board.
851 (4) A quorum of the Compassionate Use Board shall consist of Ŝ→ [
851a members.
852 (5) A member of the board may not receive compensation or benefits for the member's
853 service, but may receive per diem and travel expenses in accordance with:
854 (a) Section 63A-3-106;
855 (b) Section 63A-3-107; and
856 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
857 63A-3-107.
858 (6) The Compassionate Use Board shall:
859 (a) review and recommend to the department approval for an individual who is not
860 otherwise qualified to receive a medical cannabis card to obtain a medical cannabis card for
861 compassionate use if:
862 (i) the individual and the individual's physician appear before the board and offer, in
863 the board's discretion, satisfactory evidence that the individual suffers from a condition:
864 (A) that substantially impairs the individual's quality of life;
865 (B) that is intractable;
866 (C) that is not responsive to other treatments; and
867 (D) for which it is reasonably likely the condition will respond to treatment with
868 cannabis.
869 (ii) the board determines it is in the best interest of the patient to allow the
870 compassionate use of medical cannabis;
871 (b) meet to receive or review compassionate use petitions:
872 (i) quarterly, unless no petitions are pending; or
873 (ii) as often as necessary if there are more petitions than the board can receive or
874 review during the board's regular schedule;
875 (c) report before November 1 of each year, to the Legislature's Health and Human
876 Services Interim Committee, the number of compassionate use approvals the board issued
877 during the past year and the types of conditions for which the board approved compassionate
878 use; and
879 (d) evaluate whether the number of cannabis dispensaries in a geographic area meets
880 the needs for a geographic area and recommend to the Legislature whether the number of
881 cannabis dispensaries should be increased in a geographic area;
882 (e) evaluate physician variances under Subsection 26-58-107(5).
883 (6) The department shall review any compassionate use recommended by the board
884 under this section to confirm if the board properly exercised the board's discretion under this
885 section.
886 (7) If the department determines the board properly approved an individual for a
887 compassionate use under this section, the department shall issue the individual a
887a Ŝ→ provisional ←Ŝ medical
888 cannabis card in accordance with this chapter Ŝ→ [
889 (8) Any individually identifiable health information contained in a petition received
890 under this section shall be a protected record in accordance with Title 63G, Chapter 2,
891 Government Records Access and Management Act.
892 (9) The Compassionate Use Board shall, before November 1 of each year, recommend
893 to the Legislature:
894 (a) a condition to designate as a qualifying illness under Section 26-58-105; or
895 (b) a condition to remove as a qualifying illness under Section 26-58-105.
896 Section 31. Section 26-58-107 is enacted to read:
897 26-58-107. Physician qualification.
898 (1) For the purposes of this section, a physician means an individual who is licensed to
899 practice:
900 (a) medicine under Title 58, Chapter 67, Utah Medical Practice Act; or
901 (b) osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical
902 Practice Act.
903 (2) A physician may recommend cannabis if the physician:
904 (a) completes the training requirements described in Subsection (3); and
905 (b) except as described in Subsection (4), recommends cannabis to no more than 250 of
906 the physician's patients at any given time.
907 (3) (a) A physician shall complete, before recommending cannabis to a patient, a
908 training program in cannabis recommendation best practices that is approved by the
909 department, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
910 Rulemaking Act.
911 (b) The department shall issue an endorsement to a physician that completes the
912 training program described in Subsection (3)(a)
913 (c) The endorsement described in Subsection (3)(b) entitles a physician to use a
914 medical cannabis endorsement image developed by the department on the physician's website.
915 (4) A physician may recommend cannabis to greater than 20% of the physician's
916 patients if the physician:
917 (a) is certified in one of the following specialties:
918 (i) anesthesiology;
919 (ii) gastroenterology;
920 (iii) neurology;
921 (iv) oncology;
922 (v) pain and palliative care;
923 (vi) physiatry;
924 (vii) psychiatry; or
925 (viii) addiction medicine;
926 (b) appears before the Compassionate Use Board described in Section 26-58-106; and
927 (c) demonstrates, to the satisfaction of the board and with the department's approval,
928 that:
929 (i) the physician's practice has unique characteristics that warrant allowing the
930 physician to recommend cannabis to greater than 250 of the physician's patients; and
931 (ii) the physician has established expertise in medical cannabis.
932 (5) (a) Except as provided in Subsection (5)(b), a physician eligible to recommend
933 cannabis or a cannabis product under this section may not advertise that the physician
934 recommends cannabis or a cannabis product.
935 (b) A physician may advertise via a website that displays only:
936 (i) a green cross;
937 (ii) the physician's office's hours of operation;
938 (iii) the medical cannabis endorsement image described in Subsection (3)(c);
939 (iv) a qualifying illness that the physician treats;
940 (v) scientific studies regarding cannabis use; and
941 (vi) current studies on treatment with cannabis being conducted on patients.
942 Section 32. Section 26-58-108 is enacted to read:
943 26-58-108. Standard of care -- Medical practitioners not liable -- No private right
944 of action -- Insurance coverage.
945 (1) It is not a breach of the applicable standard of care for a physician to recommend
946 treatment with Ŝ→ [
947 (2) A physician who recommends treatment with Ŝ→ [
947a to an
948 individual in accordance with this chapter may not, based solely on the reason that the
949 recommendation is for Ŝ→ [
950 (a) civil liability;
951 (b) criminal liability; or
952 (c) licensure sanctions under:
953 (i) Title 58, Chapter 67, Utah Medical Practice Act; or
954 (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
955 (3) An insurance carrier, third-party administrator, or employer is not required to
956 provide reimbursement for Ŝ→ [
956a cannabis device, under
957 this chapter.
958 Section 33. Section 26-58-109 is enacted to read:
959 26-58-109. Medical Cannabis Restricted Account -- Creation.
960 (1) There is created in the General Fund a restricted account known as the "Medical
961 Cannabis Restricted Account."
962 (2) The account created in this section is funded from:
963 (a) money deposited by the State Tax Commission under Title 59, Chapter 28, Medical
964 Cannabis Tax;
965 (b) money deposited into the account by the Department of Agriculture and Food under
966 Section 4-42-801;
967 (c) money deposited into the account by the department under Section 26-58-601;
968 (d) appropriations made to the account by the Legislature; and
969 (e) the interest described in Subsection (3).
970 (3) Interest earned on the account is deposited in the account.
971 (4) The money in the account may only be used to fund, upon appropriation, the state
972 licensing and regulation cost of the state medical cannabis program established in:
973 (a) Title 26, Chapter 58, Medical Cannabis Act;
974 (b) Title 4, Chapter 42, Cannabis Production Establishments; and
975 (c) Title 59, Chapter 28, Medical Cannabis Tax Act.
976 Ŝ→ [
977 26-58-110. Equal treatment of a public employee recommended cannabis, a
978 cannabis product, or a medical cannabis device by a physician.
979 (1) As used in this section, "public employee" means an individual who is employed by
980 the state or a political subdivision of the state.
981 (2) An employer of a public employee may not, in matters of employment, treat an
982 individual who uses cannabis, a cannabis product, or a medical cannabis device in accordance
983 with this chapter differently than the employer would treat a similarly situated individual who
984 uses a doctor-prescribed medication that has a side effect that is similar to a cannabis or
985 cannabis product side effect.
986 Section 35. Section 26-58-201 is enacted to read:
987
988 26-58-201. Medical cannabis card -- Application -- Fees -- Database.
989 (1) The department shall:
990 (a) begin issuing medical cannabis cards under this section no later than December 1,
991 2016; and
992 (b) issue a medical cannabis card, via the electronic verification system, to an
993 individual who complies with this section no later than 45 days after the day on which the
994 individual submits a complete application.
995 (2) An individual is eligible for a medical cannabis card if the individual:
996 (a) is at least 18 years old;
997 (b) is a Utah resident; and
998 (c) recommended by the individual's physician under Subsection (5).
999 (3) An individual who is the parent or legal guardian of a minor is eligible for a
1000 medical cannabis card if:
1001 (a) the individual is at least 18 years old;
1002 (b) the individual is a Utah resident; and
1003 (c) recommended by the minor's physician under Subsection (5).
1004 (4) An individual who is eligible for a medical cannabis card under Subsection (2) or
1005 (3) shall submit an application for a medical cannabis card to the department:
1006 (a) with the recommending physician, in the recommending physician's office;
1007 (b) via an electronic application connected to the electronic verification system;
1008 (c) that includes:
1009 (i) the individual's name, gender, age, address, and for the purpose of being notified
1010 about a recall or a research study, the individual's contact information; and
1011 (ii) a copy of the individual's valid photo identification;
1012 (5) A physician who recommends treatment with medical cannabis to an individual or
1013 minor shall:
1014 (a) input in the physician's diagnosis that the individual suffers from a qualifying
1015 illness:
1016 (i) the type of qualifying illness; and
1017 (ii) a recommendation that the individual try Ŝ→ [
1018 (b) look up the individual in the controlled substance database created in Section
1019 58-37f-201 to check for potential interactions or warning signs.
1020 (6) A medical cannabis card the department issues under this section is valid for the
1021 lesser of:
1022 (a) an amount of time determined by the physician who recommends treatment with
1023 Ŝ→ [
1024 (b) two years.
1025 (7) An individual may not ingest cannabis or a cannabis product:
1026 (a) in public view; or
1027 (b) while the individual operates a motor vehicle.
1028 (8) The department may revoke an individual's medical cannabis card if the individual
1029 violates this chapter.
1030 (9) The department may establish procedures, by rule in accordance with Title 63G,
1031 Chapter 3, Utah Administrative Rulemaking Act, to implement the medical cannabis card
1032 application and issuance provisions of this Section.
1033 (10) (a) A person may submit, to the department, a request to conduct a medical
1034 research study using medical cannabis cardholder data contained in the electronic verification
1035 system.
1036 (b) The department shall review a request submitted under Subsection (10)(a) to
1037 determine if the medical research study is valid.
1038 (c) If the department determines that a medical research study is valid under Subsection
1039 (10)(b), the department shall notify a relevant medical cannabis cardholder asking for the
1040 medical cannabis cardholder's participation in the study.
1041 (d) The department may release, for the purposes of a study, information about a
1042 medical cannabis cardholder who consents to participation under Subsection (10)(c).
1043 (e) The department may establish standards for a medical research study's validity, by
1044 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1045 Section 36. Section 26-58-202 is enacted to read:
1046 26-58-202. Medical cannabis card --- Designated caregiver -- Registration --
1047 Renewal -- Revocation.
1048 (1) An individual may designate up to two individuals to serve as designated caregivers
1049 of the individual if:
1050 (a) the individual has a valid medical cannabis card under Section 26-58-201; and
1051 (b) a physician determines that, due to physical impossibility or undue hardship, the
1052 individual is unable to obtain Ŝ→ [
1053 (2) An individual registered as a designated caregiver under this section may:
1054 (a) carry a valid medical cannabis card with the designated caregiver's name for the
1055 purpose of transporting cannabis or a cannabis product to a designating patient or assisting a
1056 designating patient in administering the Ŝ→ [
1057 (b) purchase and possess, in accordance with this chapter Ŝ→ [
1058 product Ŝ→ [
1059 (3) The department shall register an individual designated as a caregiver under
1060 Subsection (1) if the individual:
1061 (a) is at least 18 years old;
1062 (b) is a Utah resident;
1063 (c) applies online, with the department, through the electronic verification system, for a
1064 medical cannabis card as a designated caregiver;
1065 (d) pays, to the department, a fee established by the department in accordance with
1066 Section 63J-1-504, plus the cost of a criminal background check;
1067 (e) complies with Section 26-58-205; and
1068 (f) completes a training program for designated caregivers established by the
1069 department that includes an endorsement that the individual understands state law for
1070 caregivers.
1071 (4) The department shall issue, to an individual who registers under this section, a
1072 medical cannabis card that:
1073 (a) is connected to the electronic verification system; and
1074 (b) includes the individual's name.
1075 (5) A medical cannabis card is renewable for a designated caregiver if, at the time of
1076 renewal:
1077 (a) an individual with a medical cannabis card described in Subsection (1) renews the
1078 caregiver's designation; and
1079 (b) the designated caregiver meets the requirements of Subsection (3).
1080 (6) A designated caregiver may charge an individual to act as the individual's
1081 designated caregiver.
1082 (7) The Department of Health may revoke an individual's medical cannabis card if the
1083 individual:
1084 (a) violates this chapter; or
1085 (b) is convicted of a felony that is:
1086 (i) a crime of involving the use of force or violence against another person; or
1087 (ii) a felony conviction of a state or federal law pertaining to controlled substances.
1088 Section 37. Section 26-58-203 is enacted to read:
1089 26-58-203. Designated caregiver -- Criminal background check.
1090 (1) An individual registered as a designated caregiver under Section 26-58-202 shall
1091 submit to a criminal background check in accordance with Subsection (2).
1092 (2) Each designated caregiver shall:
1093 (a) submit, to the department, a fingerprint card in a form acceptable to the department
1094 and the Department of Public Safety; and
1095 (b) consent to a fingerprint background check by:
1096 (i) the Utah Bureau of Criminal Identification; and
1097 (ii) the Federal Bureau of Investigation.
1098 (3) The Department of Public Safety shall complete a Federal Bureau of Investigation
1099 Criminal Background Check for each designated caregiver under Subsection (2) and report the
1100 results of the background check to the department.
1101 Section 38. Section 26-58-204 is enacted to read:
1102 26-58-204. Medical cannabis card -- Patient and designated caregiver
1103 requirements -- Rebuttable presumption.
1104 (1) An individual who has a medical cannabis card and who possesses Ŝ→ [
1105 cannabis product outside of the individual's residence shall:
1106 (a) carry, with the individual at all times, the individual's medical cannabis card; and
1107 (b) carry, with the Ŝ→ [
1107a Ŝ→ [
1108 or
1109 including the bar code or identification number that links the cannabis or cannabis product to
1110 the dispensary's inventory control system.
1111 (2) If an individual possesses Ŝ→ [
1112 Subsection (1), or a medical cannabis device that corresponds with the Ŝ→ [
1112a cannabis
1113 product:
1114 (a) there is a rebuttable presumption that the individual possesses the Ŝ→ [
1115 cannabis product Ŝ→ [
1116 (b) a law enforcement officer does not have probable cause, based solely on the
1117 individual's possession of the Ŝ→ [
1117a cannabis device, to
1118 believe that the individual is engaging in illegal activity.
1119 (3) (a) If a law enforcement officer stops an individual who possesses Ŝ→ [
1120 cannabis product Ŝ→ [
1121 enforcement officer that the individual holds a valid medical cannabis card, but the individual
1122 does not have the medical cannabis card in the individual's possession at the time of the stop by
1123 the law enforcement officer, the law enforcement officer shall attempt to access the state
1124 electronic verification system to determine the individual's identity and whether the individual
1125 holds a valid medical cannabis card.
1126 (b) If the law enforcement officer is able to verify the identity of the individual
1127 described in Subsection (3)(a), and that the individual holds a valid medical cannabis card, the
1128 law enforcement officer:
1129 (i) may not arrest or take the individual into custody for the sole reason that the
1130 individual is in possession of Ŝ→ [
1130a cannabis device; and
1131 (ii) may not seize the Ŝ→ [
1131a cannabis device.
1132 (4) An individual who has a valid medical cannabis card is guilty of an infraction if the
1133 individual:
1134 (a) possesses Ŝ→ [
1134a device; and
1135 (b) (i) does not posses the individual's medical cannabis card on the individual's
1136 person; or
1137 (ii) does not possess a label that complies with Subsection (1)(b).
1138 (5) (a) Except as described in Subsection (5)(b), an individual who has a valid medical
1139 cannabis card is guilty of an infraction if the individual uses Ŝ→ [
1139a Ŝ→ [
1140 medical cannabis device in public view.
1141 (b) An individual may use Ŝ→ [
1141a cannabis device
1142 in public view in the event of a medical emergency.
1143 (6) An individual who is guilty of an infraction under Subsection (4) or (5) is subject to
1144 a $100 fine.
1145 Section 39. Section 26-58-301 is enacted to read:
1146
1147 26-58-301. Cannabis dispensary -- License -- Eligibility.
1148 (1) In order to operate as a cannabis dispensary, a person shall obtain a license from the
1149 department issued under this part.
1150 (2) Subject to the requirements of this part, the department shall, within 30 business
1151 days after receiving a complete application, issue a license to operate a cannabis dispensary to a
1152 person who submits to the department:
1153 (a) a proposed name and address of the cannabis dispensary;
1154 (b) evidence that the person:
1155 (i) possesses or controls a minimum of $500,000 in liquid assets for each application
1156 submitted to the department; and
1157 (ii) can comply with the operating requirements for a cannabis dispensary described in
1158 this chapter;
1159 (c) a complete application for a local business license;
1160 (d) an application fee:
1161 (i) before January 1, 2017, of $2,500; and
1162 (ii) after January 1, 2017, in an amount determined by the department in accordance
1163 with Section 63J-1-504, that is necessary to cover the department's cost to implement this part;
1164 (e) an operating plan that complies with Section 26-58-303; and
1165 (f) the results of a criminal background check for each cannabis dispensary agent.
1166 (3) If the department determines that a cannabis dispensary is eligible for a license
1167 under this section, the department shall:
1168 (a) before January 1, 2017, charge the cannabis dispensary an initial license fee of
1169 $50,000; and
1170 (b) on or after January 1, 2017, charge the cannabis dispensary an initial license fee in
1171 an amount determined by the department in accordance with Section 63J-1-504.
1172 (4) The department shall require a separate license and a separate license fee under
1173 Subsection (3) for each location of a cannabis dispensary.
1174 (5) The department may revoke a license under this part if the cannabis dispensary is
1175 not operating within one year of the issuance of the initial license.
1176 (6) The department shall deposit the proceeds of a fee imposed by this section in the
1177 Medical Cannabis Restricted Account.
1178 Section 40. Section 26-58-302 is enacted to read:
1179 26-58-302. Renewal.
1180 (1) Except as provided in Subsection (3), the department shall renew a person's license
1181 under this part every two years if, at the time of renewal:
1182 (a) the person meets the requirements of Section 26-58-301; and
1183 (b) the person pays the department a license renewal fee in an amount determined by
1184 the department in accordance with Section 63J-1-504.
1185 (2) (a) The department may not renew a cannabis dispensary's license for a sixth
1186 consecutive time unless the department publishes a notice, in a newspaper of general
1187 circulation for the geographic area in which the cannabis dispensary is located, one year before
1188 the day on which the cannabis dispensary's license expires, that includes:
1189 (i) the name and location of the cannabis dispensary;
1190 (ii) the day on which the license for the cannabis dispensary will expire; and
1191 (iii) a solicitation for cannabis dispensary license applicants.
1192 (b) If, after the department publishes the notice described in Subsection (2)(a), the
1193 department receives an application for a cannabis dispensary from a new applicant and also
1194 receives an application for renewal from the existing cannabis dispensary, the department shall
1195 issue the license to the applicant that the department determines best meets the criteria
1196 established in Section 26-58-304.
1197 (3) (a) If a licensed cannabis dispensary abandons the cannabis dispensary's license or
1198 has the cannabis dispensary license revoked, the department shall publish notice of an available
1199 license in the same manner as described in Subsection (2)(a).
1200 (b) The department may establish criteria, in accordance with Title 63G, Chapter 3,
1201 Utah Administrative Rulemaking Act, for what actions by a cannabis dispensary constitute
1202 abandonment of a cannabis dispensary license.
1203 Section 41. Section 26-58-303 is enacted to read:
1204 26-58-303. Operating plan.
1205 (1) A person applying for a cannabis dispensary license shall submit to the department
1206 a proposed operation plan for the cannabis dispensary that complies with this section.
1207 (2) A cannabis dispensary's operating plan shall include:
1208 (a) a description of the physical characteristics of the proposed facility, including a
1209 floor plan and architectural elevations that indicate compliance with the requirements of this
1210 chapter;
1211 (b) a description of the credentials and experience of:
1212 (i) each officer, director, or owner of the proposed cannabis dispensary; and
1213 (ii) any highly skilled or experienced prospective employee;
1214 (c) the cannabis dispensary's employee training standards;
1215 (d) a security plan;
1216 (e) a banking plan;
1217 (f) a description of the cannabis dispensary's inventory control system, including a plan
1218 to make the inventory control system compatible with the state electronic verification system;
1219 and
1220 (g) that the cannabis processing facility has entered into a preliminary agreement to
1221 purchase with Ŝ→ [
1221a in the
1222 state to purchase the Ŝ→ [
1222a to sell.
1223 Section 42. Section 26-58-304 is enacted to read:
1224 26-58-304. Maximum number of licenses.
1225 (1) The department may not issue more than the greater of, in each county in the state:
1226 (a) one cannabis dispensary license; or
1227 (b) an amount of cannabis dispensary licenses equal to the number of residents in the
1228 county divided by 200,000, rounded up to the nearest greater whole number.
1229 (2) If more than one applicant for a license in a geographic area meets the
1230 qualifications of this chapter for a cannabis dispensary, the department shall evaluate the
1231 applicants, and award the license to the applicant that best demonstrates:
1232 (a) experience with:
1233 (i) establishing and running a similar cannabis based business;
1234 (ii) operating a secure inventory control system;
1235 (iii) complying with a regulatory environment; and
1236 (iv) training, evaluating, and monitoring employees;
1237 (b) connections to the local community;
1238 (c) the extent to which the applicant can reduce the cost of Ŝ→ [
1239 products to a patient; and
1240 (d) the extent to which the applicant's business plan reflects cannabis industry best
1241 practices.
1242 (3) The department may conduct a face-to-face interview with an applicant for a
1243 license that the department evaluates under Subsection (2).
1244 Section 43. Section 26-58-401 is enacted to read:
1245
1246 26-58-401. Cannabis dispensary agent -- Registration card.
1247 (1) An individual may only act as a cannabis dispensary agent of a cannabis dispensary
1248 if the individual is registered by the department as a cannabis dispensary agent.
1249 (2) A physician may not act as a cannabis dispensary agent.
1250 (3) The department shall, within 30 days after receiving a complete application,
1251 register and issue a cannabis dispensary agent registration card to an individual who:
1252 (a) provides to the department:
1253 (i) the individual's name and address; and
1254 (ii) the name and location of the licensed cannabis dispensary where the individual
1255 seeks to act as the cannabis dispensary agent;
1256 (b) pays a fee to the department:
1257 (i) before January 1, 2017, of $250; and
1258 (ii) on or after January 1, 2017, in an amount determined by the department in
1259 accordance with Section 63J-1-504, that is necessary to cover the department's cost to
1260 implement this part; and
1261 (c) complies with Section 26-58-402.
1262 (4) A cannabis dispensary agent shall comply with a certification standard developed
1263 by the department, or a third party certification standard approved by the department.
1264 (5) The certification standard described in Subsection (4) shall address:
1265 (a) Utah medical cannabis law;
1266 (b) cannabis dispensary best practices; and
1267 (c) resources available to help patients.
1268 (6) The department may revoke or refuse to issue the cannabis dispensary agent
1269 registration card of an individual who:
1270 (a) violates the requirements of this chapter; or
1271 (b) is convicted of a felony under state or federal law that involves a drug or violent
1272 crime that is a felony under state or federal law.
1273 Section 44. Section 26-58-402 is enacted to read:
1274 26-58-402. Cannabis dispensary agents -- Criminal background checks.
1275 (1) An individual applying for a cannabis dispensary agent registration card under this
1276 chapter shall:
1277 (a) submit, at the time of application, a fingerprint card in a form acceptable to the
1278 department; and
1279 (b) consent to a fingerprint background check by:
1280 (i) the Utah Bureau of Criminal Identification; and
1281 (ii) the Federal Bureau of Investigation.
1282 (2) The department shall request that the Department of Public Safety complete a
1283 Federal Bureau of Investigation criminal background check for each cannabis dispensary agent
1284 registration card applicant.
1285 (3) The department may revoke or refuse to issue an individual's cannabis dispensary
1286 agent registration card if the individual has been convicted of an offense that is a felony under
1287 state or federal law that is related to drugs or a violent crime.
1288 Section 45. Section 26-58-403 is enacted to read:
1289 26-58-403. Cannabis dispensary agent registration card -- Rebuttable
1290 presumption.
1291 (1) An individual who has a cannabis dispensary agent registration card shall carry the
1292 individual's cannabis dispensary agent registration card with the individual at all times when:
1293 (a) the individual is on the premises of a cannabis dispensary; and
1294 (b) the individual is transporting cannabis, a cannabis product, or a medical cannabis
1295 device between two cannabis production establishments or between a cannabis production
1296 establishment and a cannabis dispensary.
1297 (2) If an individual handling cannabis, a cannabis product, or a medical cannabis
1298 device at a cannabis dispensary, or transporting cannabis, a cannabis product, or a medical
1299 cannabis device, possesses the cannabis, cannabis product, or medical cannabis device in
1300 compliance with Subsection (1):
1301 (a) there is a rebuttable presumption that the individual possesses the cannabis,
1302 cannabis product, or medical cannabis device legally; and
1303 (b) a law enforcement officer does not have probable cause to believe that the
1304 individual is engaging in illegal activity, based solely on the individual's possession of the
1305 cannabis, cannabis product, or medical cannabis device in compliance with Subsection (1).
1306 (3) A cannabis dispensary agent registered with the department is guilty of an
1307 infraction if the registered cannabis dispensary agent:
1308 (a) (i) is on the premises of a cannabis dispensary where the individual is registered as
1309 an agent; or
1310 (ii) transports cannabis, a cannabis product, or a medical cannabis device; and
1311 (b) does not possess, on the registered cannabis dispensary agent's person, a valid
1312 cannabis dispensary agent registration card.
1313 (4) A registered cannabis dispensary agent who is guilty of an infraction under
1314 Subsection (3) is subject to a fine of no more than $100.
1315 Section 46. Section 26-58-501 is enacted to read:
1316
1317 26-58-501. Operating requirements -- General.
1318 (1) (a) A cannabis dispensary shall operate in accordance with the operating plan
1319 provided to the department under Section 26-58-303.
1320 (b) A cannabis dispensary shall notify the department no longer than 30 days after a
1321 change in the cannabis dispensary's operating plan.
1322 (2) A cannabis dispensary shall operate:
1323 (a) except as provided in Subsection (3), in a facility that is accessible only by an
1324 individual with a valid cannabis dispensary agent registration card issued under Section
1325 26-58-401 or a medical cannabis card issued under Section 26-58-201; and
1326 (b) at the physical address provided to the department under Section 26-58-301.
1327 (3) A cannabis dispensary may allow an individual who is a visitor, a contractor, or a
1328 member of the press to access the cannabis dispensary if the cannabis dispensary:
1329 (a) tracks and monitors the individual at all times while the individual is at the
1330 cannabis dispensary; and
1331 (b) maintains a record of the individual's access.
1332 (4) A cannabis dispensary shall operate in a facility that has:
1333 (a) a single, secure public entrance with a checkpoint;
1334 (b) a security system with a backup power source that:
1335 (i) detects and records entry into the cannabis dispensary during business hours; and
1336 (ii) provides notice of an unauthorized entry to law enforcement when the cannabis
1337 dispensary is closed; and
1338 (c) a reinforced and locked area where the cannabis dispensary stores cannabis or a
1339 cannabis product.
1340 (5) A cannabis dispensary shall post, clearly and conspicuously in the cannabis
1341 dispensary, the limit on the purchase of cannabis described in Subsection 26-58-502(3),
1342 (6) A cannabis dispensary may not allow any individual to consume cannabis on the
1343 property or premises of the establishment.
1344 (7) A cannabis dispensary may not, on an interior or exterior space, display or offer
1345 anything that glorifies or trivializes cannabis or that promotes a recreational cannabis lifestyle.
1346 (8) A cannabis dispensary shall:
1347 (a) have a clinical, medical appearance; and
1348 (b) require any employee to wear a white lab coat.
1348a Ŝ→ (9) A cannabis dispensary may not operate:
1348b (a) within 600 feet of a community location, as defined in Section 32B-1-102, that is
1348c not a public or private school; or
1348d (b) within 1000 feet of a public or private school. ←Ŝ
1349 Section 47. Section 26-58-502 is enacted to read:
1350 26-58-502. Dispensing -- Amount a cannabis dispensary may dispense --
1351 Reporting -- Form of cannabis or cannabis product.
1352 (1) A cannabis dispensary may only sell, subject to this chapter:
1353 Ŝ→ [
1354 (b)
1355 Ŝ→ [
1356 Ŝ→ [
1357 (2) A cannabis dispensary may only sell Ŝ→ [
1357a or a medical
1358 cannabis device to an individual with a medical cannabis card issued by the department.
1359 (3) A cannabis dispensary may not dispense on behalf of any one individual with a
1360 medical cannabis card, in any one 30-day period Ŝ→ [
1361 (a) an amount of unprocessed cannabis flower that exceeds 60 grams by weight; or
1362 (b)
1363 cannabinoids by weight.
1364 (4) An individual with a medical cannabis card may not purchase more Ŝ→ [
1365 cannabis products than the Ŝ→ [
1366 (5) A designated caregiver designated by any individual with a medical cannabis card
1367 may not purchase, for the individual, an amount of Ŝ→ [
1367a exceeds
1368 the Ŝ→ [
1369 (6) A cannabis dispensary shall:
1370 (a) access the electronic verification system before dispensing Ŝ→ [
1370a cannabis
1371 product to an individual with a medical cannabis card in order to determine if the individual
1372 has already met the maximum amount of Ŝ→ [
1373 Subsection (3); and
1374 (b) submit a record to the electronic verification system each time the cannabis
1375 dispensary dispenses Ŝ→ [
1375a cannabis
1376 card.
1377 (7) (a) Except as provided in Subsection (7)(b), a cannabis dispensary may not sell a
1378 cannabis product that is intentionally designed or fabricated to resemble a cigarette, or made to
1379 resemble or be mistaken for a cigarette.
1380 (b) A cannabis dispensary may sell a cannabis product with a thin, cylindrical
1381 configuration that warms Ŝ→ [
1381a that is ingested into an
1382 individual's respiratory system.
1383 (8) A cannabis dispensary may not sell a medical cannabis device that produces a vapor
1384 with an odor or flavor.
1385 (9) A cannabis dispensary may give to an individual with a medical cannabis card, at
1386 no cost, a product that the cannabis dispensary may sell under Subsection (1).
1387 Section 48. Section 26-58-503 is enacted to read:
1388 26-58-503. Advertising and signage.
1389 (1) Except as provided in Subsections (2) and (3) a cannabis dispensary may not
1390 advertise in any medium.
1391 (2) A cannabis dispensary may display signage on the outside of the cannabis
1392 dispensary that includes only:
1393 (a) the cannabis dispensary's name and hours of operation; and
1394 (b) a green cross.
1395 (3) A cannabis dispensary may maintain a website that includes information about:
1396 (a) the location and hours of the cannabis dispensary;
1397 (b) the products and services available at the cannabis dispensary;
1398 (c) personnel affiliated with the cannabis dispensary;
1399 (d) best practices that the cannabis dispensary upholds;
1400 (e) educational materials related to the medical use of cannabis; and
1401 (f) employment opportunities with the cannabis dispensary.
1402 Section 49. Section 26-58-504 is enacted to read:
1403 26-58-504. Inspections.
1404 (1) The department shall inspect, in accordance with Subsection (2), a cannabis
1405 dispensary's facility and records in order to determine if the cannabis dispensary complies with
1406 the licensing requirements of this part.
1407 (2) The department may inspect the records and facility of a cannabis dispensary Ŝ→ [
1408 (a) as many as three scheduled times per year;
1409 (b) as many as one unscheduled time per year; and
1410 (c)
1410a
1411 the cannabis dispensary has violated the law.
1412 Section 50. Section 26-58-505 is enacted to read:
1413 26-58-505. Cannabis, cannabis product, or medical cannabis device
1414 transportation.
1415 (1) Except for an individual or designated caregiver with a medical cannabis card who
1416 possesses cannabis or a cannabis product in accordance with Section 26-58-204, an individual
1417 may only transport cannabis, a cannabis product, or a cannabis device between cannabis
1418 production establishments or between a cannabis production establishment and a cannabis
1419 dispensary if the individual is:
1420 (a) a registered cannabis production establishment agent; or
1421 (b) a registered cannabis dispensary agent.
1422 (2) An individual transporting cannabis, a cannabis product, or a medical cannabis
1423 device shall possess a transportation manifest that:
1424 (a) includes a unique identifier that links the cannabis, cannabis product, or medical
1425 cannabis device to a related inventory control system;
1426 (b) includes origin and destination information for any cannabis, cannabis product, or
1427 medical cannabis device the individual is transporting; and
1428 (c) indicates the departure and arrival times and locations of the individual transporting
1429 the cannabis, cannabis product, or medical cannabis device.
1430 (3) In addition to the requirements in Subsections (1) and (2), the department may
1431 establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1432 Rulemaking Act, requirements for transporting cannabis, a cannabis product, or a medical
1433 cannabis device that reflect best practices for cannabis or cannabis product transportation for
1434 safety for human cannabis or cannabis product consumption.
1435 (4) A cannabis dispensary agent registered with the department is guilty of an
1436 infraction if the registered cannabis dispensary agent:
1437 (a) transports cannabis, a cannabis product, or a medical cannabis device; and
1438 (b) does not possess, on the registered cannabis dispensary agent's person or in the
1439 transport vehicle, a manifest that complies with Subsection (3).
1440 (5) A registered cannabis dispensary agent who is guilty of an infraction under
1441 Subsection (3) is subject to a fine of no more than $100.
1442 Section 51. Section 26-58-506 is enacted to read:
1443 Ŝ→ [
1444 (1) A municipality or local government may not enact a zoning ordinance that prohibits
1445 a cannabis dispensary from operating in a location within the municipality's or local
1446 government's jurisdiction, on the sole basis that the cannabis dispensary is a cannabis
1447 dispensary.
1448 (2) A municipality or local government shall allow a cannabis dispensary to operate as:
1449 (a) a permitted use in an agricultural, industrial, or manufacturing zone, or in a zone
1450 that allows for a similar use; and
1451 (b) as a conditional use in a commercial zone or in a zone that allows for a similar use.
1452 Section 52. Section 26-58-601 is enacted to read:
1453
1454 26-58-601. Enforcement -- Fine -- Citation.
1455 (1) The department may, for a violation of this chapter by a person who is a cannabis
1456 dispensary or cannabis dispensary agent:
1457 (a) revoke the person's cannabis dispensary license or cannabis dispensary agent
1458 registration card;
1459 (b) refuse to renew the person's license or registration; or
1460 (c) assess the person an administrative penalty.
1461 (2) The department shall deposit an administrative penalty imposed under this section
1462 into the Medical Cannabis Restricted Account.
1463 (3) The department may, for a person subject to an uncontested citation, a stipulated
1464 settlement, or a finding of a violation in an adjudicative proceeding under this section:
1465 (a) assess the person a fine, established in accordance with Section 63J-1-504, of up to
1466 $5,000 per violation, in accordance with a fine schedule established by rule made in accordance
1467 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
1468 (b) order the person to cease and desist from, and cure, the action that creates a
1469 violation.
1470 (4) The department may not revoke a cannabis dispensary's license via a citation.
1471 (5) If, within 20 calendar days after the day on which the department issues a citation
1472 for a violation of this chapter, the person that is the subject of the citation fails to request a
1473 hearing to contest the citation, the citation becomes the basis of the department's final order.
1474 (6) The department may, for a person who fails to cure the violation for which a
1475 citation under this section:
1476 (a) refuse to issue or renew the person's license or cannabis dispensary agent
1477 registration card; or
1478 (b) suspend, revoke, or place on probation the person's license or cannabis dispensary
1479 agent registration card.
1480 Section 53. Section 30-3-10 is amended to read:
1481 30-3-10. Custody of children in case of separation or divorce -- Custody
1482 consideration.
1483 (1) If a husband and wife having minor children are separated, or their marriage is
1484 declared void or dissolved, the court shall make an order for the future care and custody of the
1485 minor children as it considers appropriate.
1486 (a) In determining any form of custody, including a change in custody, the court shall
1487 consider the best interests of the child without preference for either the mother or father solely
1488 because of the biological sex of the parent and, among other factors the court finds relevant, the
1489 following:
1490 (i) the past conduct and demonstrated moral standards of each of the parties;
1491 (ii) which parent is most likely to act in the best interest of the child, including
1492 allowing the child frequent and continuing contact with the noncustodial parent;
1493 (iii) the extent of bonding between the parent and child, meaning the depth, quality,
1494 and nature of the relationship between a parent and child;
1495 (iv) whether the parent has intentionally exposed the child to pornography or material
1496 harmful to a minor, as defined in Section 76-10-1201; and
1497 (v) those factors outlined in Section 30-3-10.2.
1498 (b) There shall be a rebuttable presumption that joint legal custody, as defined in
1499 Section 30-3-10.1, is in the best interest of the child, except in cases where there is:
1500 (i) domestic violence in the home or in the presence of the child;
1501 (ii) special physical or mental needs of a parent or child, making joint legal custody
1502 unreasonable;
1503 (iii) physical distance between the residences of the parents, making joint decision
1504 making impractical in certain circumstances; or
1505 (iv) any other factor the court considers relevant including those listed in this section
1506 and Section 30-3-10.2.
1507 (c) The person who desires joint legal custody shall file a proposed parenting plan in
1508 accordance with Sections 30-3-10.8 and 30-3-10.9. A presumption for joint legal custody may
1509 be rebutted by a showing by a preponderance of the evidence that it is not in the best interest of
1510 the child.
1511 (d) The children may not be required by either party to testify unless the trier of fact
1512 determines that extenuating circumstances exist that would necessitate the testimony of the
1513 children be heard and there is no other reasonable method to present their testimony.
1514 (e) The court may inquire of the children and take into consideration the children's
1515 desires regarding future custody or parent-time schedules, but the expressed desires are not
1516 controlling and the court may determine the children's custody or parent-time otherwise. The
1517 desires of a child 14 years of age or older shall be given added weight, but is not the single
1518 controlling factor.
1519 (f) If interviews with the children are conducted by the court pursuant to Subsection
1520 (1)(e), they shall be conducted by the judge in camera. The prior consent of the parties may be
1521 obtained but is not necessary if the court finds that an interview with the children is the only
1522 method to ascertain the child's desires regarding custody.
1523 (2) In awarding custody, the court shall consider, among other factors the court finds
1524 relevant, which parent is most likely to act in the best interests of the child, including allowing
1525 the child frequent and continuing contact with the noncustodial parent as the court finds
1526 appropriate.
1527 (3) If the court finds that one parent does not desire custody of the child, the court shall
1528 take that evidence into consideration in determining whether to award custody to the other
1529 parent.
1530 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
1531 parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining
1532 whether a substantial change has occurred for the purpose of modifying an award of custody.
1533 (b) If a court takes a parent's disability into account in awarding custody or determining
1534 whether a substantial change has occurred for the purpose of modifying an award of custody,
1535 the parent with a disability may rebut any evidence, presumption, or inference arising from the
1536 disability by showing that:
1537 (i) the disability does not significantly or substantially inhibit the parent's ability to
1538 provide for the physical and emotional needs of the child at issue; or
1539 (ii) the parent with a disability has sufficient human, monetary, or other resources
1540 available to supplement the parent's ability to provide for the physical and emotional needs of
1541 the child at issue.
1542 (c) Nothing in this section may be construed to apply to adoption proceedings under
1543 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
1544 (5) This section establishes neither a preference nor a presumption for or against joint
1545 physical custody or sole physical custody, but allows the court and the family the widest
1546 discretion to choose a parenting plan that is in the best interest of the child.
1547 (6) In considering the past conduct and demonstrated moral standards of each of the
1548 parties as described under Subsection (1)(a)(i), a court may not discriminate against a parent
1549 because of the parent's possession or consumption of Ŝ→ [
1549a Ŝ→ [
1550 medical cannabis device, in accordance with Title 26, Chapter 58, Medical Cannabis Act.
1551 Section 54. Section 41-6a-517 is amended to read:
1552 41-6a-517. Definitions -- Driving with any measurable controlled substance in the
1553 body -- Penalties -- Arrest without warrant.
1554 (1) As used in this section:
1555 (a) "Controlled substance" has the same meaning as in Section 58-37-2.
1556 (b) "Practitioner" has the same meaning as in Section 58-37-2.
1557 (c) "Prescribe" has the same meaning as in Section 58-37-2.
1558 (d) "Prescription" has the same meaning as in Section 58-37-2.
1559 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
1560 operate or be in actual physical control of a motor vehicle within this state if the person has any
1561 measurable controlled substance or metabolite of a controlled substance in the person's body.
1562 (3) It is an affirmative defense to prosecution under this section that the controlled
1563 substance was:
1564 (a) involuntarily ingested by the accused;
1565 (b) prescribed by a practitioner for use by the accused; [
1566 (c) Ŝ→ [
1567 (i) not causing impairment; and
1568 (ii) (A) recommended by a physician to the accused, if the accused holds a valid
1569 medical cannabis card under Title 26, Chapter 58, Medical Cannabis Act; or
1570 (B) ingested by the accused in another state in which the use of Ŝ→ [
1570a cannabis
1571 product is legal under state law; or
1572 [
1573 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
1574 misdemeanor.
1575 (b) A person who violates this section is subject to conviction and sentencing under
1576 both this section and any applicable offense under Section 58-37-8.
1577 (5) A peace officer may, without a warrant, arrest a person for a violation of this
1578 section when the officer has probable cause to believe the violation has occurred, although not
1579 in the officer's presence, and if the officer has probable cause to believe that the violation was
1580 committed by the person.
1581 (6) The Driver License Division shall, if the person is 21 years of age or older on the
1582 date of arrest:
1583 (a) suspend, for a period of 120 days, the driver license of a person convicted under
1584 Subsection (2) of an offense committed on or after July 1, 2009; or
1585 (b) revoke, for a period of two years, the driver license of a person if:
1586 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
1587 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
1588 and within a period of 10 years after the date of the prior violation.
1589 (7) The Driver License Division shall, if the person is 19 years of age or older but
1590 under 21 years of age on the date of arrest:
1591 (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
1592 longer, the driver license of a person convicted under Subsection (2) of an offense committed
1593 on or after July 1, 2011; or
1594 (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
1595 longer, the driver license of a person if:
1596 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
1597 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
1598 and within a period of 10 years after the date of the prior violation.
1599 (8) The Driver License Division shall, if the person is under 19 years of age on the date
1600 of arrest:
1601 (a) suspend, until the person is 21 years of age, the driver license of a person convicted
1602 under Subsection (2) of an offense committed on or after July 1, 2009; or
1603 (b) revoke, until the person is 21 years of age, the driver license of a person if:
1604 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
1605 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
1606 and within a period of 10 years after the date of the prior violation.
1607 (9) The Driver License Division shall subtract from any suspension or revocation
1608 period the number of days for which a license was previously suspended under Section
1609 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
1610 which the record of conviction is based.
1611 (10) The Driver License Division shall:
1612 (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
1613 effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
1614 committed prior to July 1, 2009; or
1615 (b) deny, suspend, or revoke the operator's license of a person for the denial,
1616 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
1617 (i) the person was 20 years of age or older but under 21 years of age at the time of
1618 arrest; and
1619 (ii) the conviction under Subsection (2) is for an offense that was committed on or after
1620 July 1, 2009, and prior to July 1, 2011.
1621 (11) A court that reported a conviction of a violation of this section for a violation that
1622 occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
1623 period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
1624 if the person:
1625 (a) completes at least six months of the license suspension;
1626 (b) completes a screening;
1627 (c) completes an assessment, if it is found appropriate by a screening under Subsection
1628 (11)(b);
1629 (d) completes substance abuse treatment if it is found appropriate by the assessment
1630 under Subsection (11)(c);
1631 (e) completes an educational series if substance abuse treatment is not required by the
1632 assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
1633 (f) has not been convicted of a violation of any motor vehicle law in which the person
1634 was involved as the operator of the vehicle during the suspension period imposed under
1635 Subsection (7)(a) or (8)(a);
1636 (g) has complied with all the terms of the person's probation or all orders of the court if
1637 not ordered to probation; and
1638 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
1639 person has not consumed a controlled substance not prescribed by a practitioner for use by the
1640 person or unlawfully consumed alcohol during the suspension period imposed under
1641 Subsection (7)(a) or (8)(a); or
1642 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
1643 affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
1644 knowledge the person has not consumed a controlled substance not prescribed by a practitioner
1645 for use by the person or unlawfully consumed alcohol during the suspension period imposed
1646 under Subsection (7)(a) or (8)(a).
1647 (12) If the court shortens a person's license suspension period in accordance with the
1648 requirements of Subsection (11), the court shall forward the order shortening the person's
1649 license suspension period prior to the completion of the suspension period imposed under
1650 Subsection (7)(a) or (8)(a) to the Driver License Division.
1651 (13) (a) The court shall notify the Driver License Division if a person fails to:
1652 (i) complete all court ordered screening and assessment, educational series, and
1653 substance abuse treatment; or
1654 (ii) pay all fines and fees, including fees for restitution and treatment costs.
1655 (b) Upon receiving the notification, the division shall suspend the person's driving
1656 privilege in accordance with Subsections 53-3-221(2) and (3).
1657 (14) The court shall order supervised probation in accordance with Section 41-6a-507
1658 for a person convicted under Subsection (2).
1659 Section 55. Section 53-1-106.5 is enacted to read:
1660 53-1-106.5. Medical Cannabis Act -- Department duties.
1661 (1) In addition to the duties described in Section 53-1-106, the department shall:
1662 (a) develop standards for training peace officers and law enforcement agencies in state
1663 medical cannabis law and the use of the state electronic verification system; and
1664 (b) collaborate with the Department of Health and the Department of Agriculture and
1665 Food to provide a curriculum for training peace officers and law enforcement agencies in
1666 medical cannabis.
1667 (2) The department may not allow a law enforcement official to access the electronic
1668 verification system unless the law enforcement official has completed the training described in
1669 Subsections (1)(b) and (1)(c).
1670 Section 56. Section 58-37-3.6 is enacted to read:
1671 58-37-3.6. Exemption for possession or use of cannabis to treat a qualifying
1672 illness.
1673 (1) As used in this section:
1674 (a) (i) "Cannabis" means the plant cannabis sativa.
1675 (ii) "Cannabis" includes marijuana.
1676 (b) "Cannabis dispensary" means the same as that term is defined in Section
1677 26-58-102.
1678 (c) "Cannabis product" means a product that:
1679 (i) is intended for human ingestion; Ŝ→ [
1680 (ii) contains cannabis or extracted cannabinoids, including tetrahydrocannabinol Ŝ→ [
1680a (iii) is prepared in a medical dosage form. ←Ŝ
1681 (d) "Designated caregiver" means the same as that term is defined in Section
1682 26-58-102.
1683 (e) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
1684 (f) "Marijuana" means the same as that term is defined in Section 58-37-2.
1685 (g) "Medical cannabis card" means the same as that term is defined in Section
1686 26-58-102.
1687 (h) "Medical cannabis device" means a device that an individual uses to ingest lawfully
1688 sold cannabis or a lawfully sold cannabis product.
1689 (i) "Qualifying illness" means the same as that term is defined in Section 26-58-102.
1690 (j) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the
1691 description in Subsection 58-37-4(2)(a)(iii)(AA).
1692 (2) Notwithstanding any other provision of this chapter:
1693 (a) an individual who grows, possesses, sells, or offers to sell cannabis is not subject to
1694 the penalties described in this title for the growth, possession, sale, or offer for sale of
1695 marijuana or tetrahydrocannabinol to the extent that the individual's growth, possession, sale,
1696 or offer for sale of the cannabis complies with:
1697 (i) Title 4, Chapter 42, Cannabis Production Establishment; and
1698 (ii) Title 26, Chapter 58, Medical Cannabis Act;
1699 (b) an individual who possesses, sells, or offers to sell Ŝ→ [
1699a product Ŝ→ [
1700 a medical cannabis device is not subject to the penalties described in this title for the
1701 possession, sale, or offer for sale of marijuana or tetrahydrocannabinol to the extent that the
1702 individual's possession, sale, or offer for sale of the Ŝ→ [
1702a Ŝ→ [
1703 cannabis device complies with:
1704 (i) Title 4, Chapter 42, Cannabis Production Establishment; and
1705 (ii) Title 26, Chapter 58, Medical Cannabis Act;
1706 (c) an individual who possesses, sells, or offers to sell a medical cannabis device is not
1707 subject to the penalties described in this title for the possession, sale, or offer for sale of
1708 marijuana or tetrahydrocannabinol drug paraphernalia to the extent that the individual's
1709 possession, sale, or offer for sale of the medical cannabis device complies with:
1710 (i) Title 4, Chapter 42, Cannabis Production Establishment; and
1711 (ii) Title 26, Chapter 58, Medical Cannabis Act.
1712 Ŝ→ [
1713 (3) An individual with a medical cannabis card is guilty of an infraction if the
1714 individual Ŝ→ [
1715 (a) uses cannabis through a means involving combustion of cannabis flower at a
1716 temperature greater than 500 degrees Fahrenheit;
1717 (b) uses a device that is designed for cannabis combustion of cannabis flower at a
1718 temperature greater than 500 degrees Fahrenheit; or
1719 (c)
1720 (4) An individual who is guilty of an infraction under Subsection (3) is subject to a
1721 $100 fine.
1722 Section 57. Section 58-37-3.7 is enacted to read:
1723 58-37-3.7. Affirmative defense.
1724 (1) Before the day on which the Department of Health is issuing medical cannabis
1725 cards and a cannabis dispensary in the state is licensed and selling Ŝ→ [
1726 product, it is an affirmative defense to criminal charges against an individual for the use or
1727 possession of marijuana, tetrahydrocannabinol, or marijuana or tetrahydrocannabinol drug
1728 paraphernalia under this chapter that the individual's conduct would have been lawful after the
1729 individual obtains a medical cannabis card under Title 26, Chapter 58, Medical Cannabis Act.
1730 (2) A court shall, for charges that the court dismisses under Subsection (1), dismiss the
1731 charges without prejudice.
1732 Section 58. Section 59-12-104.7 is enacted to read:
1733 59-12-104.7. Exemption from sales tax for medical cannabis.
1734 (1) As used in this section:
1735 (a) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
1736 (b) "Cannabis dispensary" means the same as that term is defined in Section
1737 26-58-102.
1738 (c) "Cannabis product" means the same as that term is defined in Section 58-37-3.6.
1739 (d) "Medical cannabis device" means the same as that term is defined in Section
1740 58-37-3.6.
1741 (2) In addition to the exemptions described in Section 59-12-104, the sale, by a
1742 licensed cannabis dispensary, of Ŝ→ [
1742a cannabis device, is
1743 not subject to the taxes imposed by this chapter.
1744 Section 59. Section 59-28-101 is enacted to read:
1745
1746 59-28-101. Title.
1747 This chapter is known as the "Medical Cannabis Tax Act."
1748 Section 60. Section 59-28-102 is enacted to read:
1749 59-28-102. Definitions.
1750 As used in this chapter:
1751 (1) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
1752 (2) "Cannabis dispensary" means the same as that term is defined in Section
1753 26-58-102.
1754 (3) "Cannabis product" means the same as that term is defined in Section 58-37-3.6.
1755 (4) "Medical cannabis device" means the same as that term is defined in Section
1756 58-37-3.6.
1757 (5) "Medical Cannabis Restricted Account" means the account created in Section
1758 26-58-109.
1759 Section 61. Section 59-28-103 is enacted to read:
1760 59-28-103. Imposition of tax -- Rate.
1761 There is imposed a tax on the retail purchaser of Ŝ→ [
1762 medical cannabis device at a cannabis dispensary in the state, in an amount equal to 4.70% of
1763 amounts paid or charged for the Ŝ→ [
1763a cannabis device.
1764 Section 62. Section 59-28-104 is enacted to read:
1765 59-28-104. Collection of tax.
1766 A cannabis dispensary shall:
1767 (1) collect the tax imposed by Section 59-28-103 from a Ŝ→ [
1767a product Ŝ→ [
1768 medical cannabis device purchaser; and
1769 (2) pay the tax collected under Subsection (1):
1770 (a) to the commission quarterly on or before the last day of the month immediately
1771 following the last day of the previous quarter; and
1772 (b) using a form prescribed by the commission.
1773 Section 63. Section 59-28-105 is enacted to read:
1774 59-28-105. Deposit of tax revenue.
1775 The commission shall deposit revenues generated by the tax imposed by this chapter
1776 into the Medical Cannabis Restricted Account.
1777 Section 64. Section 59-28-106 is enacted to read:
1778 59-28-106. Records.
1779 (1) A cannabis dispensary shall maintain any record typically deemed necessary to
1780 determine the amount of tax that the cannabis dispensary is required to remit to the commission
1781 under this chapter.
1782 (2) The commission may require a cannabis dispensary to keep any record the
1783 commission reasonably considers necessary to constitute sufficient evidence of the amount of
1784 tax the cannabis dispensary is required to remit to the commission under this chapter:
1785 (a) by notice served upon the cannabis dispensary; or
1786 (b) by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1787 Rulemaking Act.
1788 (3) Upon notice by the commission, a cannabis dispensary shall open the cannabis
1789 dispensary's records for examination by the commission.
1790 Section 65. Section 59-28-107 is enacted to read:
1791 59-28-107. Rulemaking authority -- Enforcement not more strict than those
1792 applied to a similarly situated business.
1793 (1) Except as provided in Subsection (2), the commission may make rules in
1794 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
1795 (a) implement the tax imposed by this chapter; and
1796 (b) enforce payment of the tax imposed by this chapter.
1797 (2) The commission may not make a rule that applies to a cannabis dispensary that is
1798 more restrictive than would apply to a similarly situated business.
1799 (3) The commission may not enforce this chapter against a cannabis dispensary more
1800 strictly than the commission would for a similarly situated business.
1801 Section 66. Section 59-28-108 is enacted to read:
1802 59-28-108. Penalties and interest.
1803 A cannabis dispensary that fails to comply with any provision of this chapter is subject
1804 to penalties and interest as provided in Sections 59-1-401 and 59-1-402.
1805 Section 67. Section 62A-4a-202.1 is amended to read:
1806 62A-4a-202.1. Entering home of a child -- Taking a child into protective custody
1807 -- Caseworker accompanied by peace officer -- Preventive services -- Shelter facility or
1808 emergency placement.
1809 (1) A peace officer or child welfare worker may not:
1810 (a) enter the home of a child who is not under the jurisdiction of the court, remove a
1811 child from the child's home or school, or take a child into protective custody unless authorized
1812 under Subsection 78A-6-106(2); or
1813 (b) remove a child from the child's home or take a child into custody under this section
1814 solely on the basis of:
1815 (i) educational neglect, truancy, or failure to comply with a court order to attend
1816 school[
1817 (ii) the possession or use of Ŝ→ [
1817a medical cannabis device
1818 in the home, if the use and possession of the Ŝ→ [
1818a medical cannabis
1819 device is in compliance with Title 26, Chapter 58, Medical Cannabis Act.
1820 (2) A child welfare worker within the division may take action under Subsection (1)
1821 accompanied by a peace officer, or without a peace officer when a peace officer is not
1822 reasonably available.
1823 (3) (a) If possible, consistent with the child's safety and welfare, before taking a child
1824 into protective custody, the child welfare worker shall also determine whether there are
1825 services available that, if provided to a parent or guardian of the child, would eliminate the
1826 need to remove the child from the custody of the child's parent or guardian.
1827 (b) If the services described in Subsection (3)(a) are reasonably available, they shall be
1828 utilized.
1829 (c) In determining whether the services described in Subsection (3)(a) are reasonably
1830 available, and in making reasonable efforts to provide those services, the child's health, safety,
1831 and welfare shall be the child welfare worker's paramount concern.
1832 (4) (a) A child removed or taken into custody under this section may not be placed or
1833 kept in a secure detention facility pending court proceedings unless the child is detainable
1834 based on guidelines promulgated by the Division of Juvenile Justice Services.
1835 (b) A child removed from the custody of the child's parent or guardian but who does
1836 not require physical restriction shall be given temporary care in:
1837 (i) a shelter facility; or
1838 (ii) an emergency placement in accordance with Section 62A-4a-209.
1839 (c) When making a placement under Subsection (4)(b), the Division of Child and
1840 Family Services shall give priority to a placement with a noncustodial parent, relative, or
1841 friend, in accordance with Section 62A-4a-209.
1842 (d) If the child is not placed with a noncustodial parent, a relative, or a designated
1843 friend, the caseworker assigned to the child shall file a report with the caseworker's supervisor
1844 explaining why a different placement was in the child's best interest.
1845 (5) When a child is removed from the child's home or school or taken into protective
1846 custody, the caseworker shall give a parent of the child a pamphlet or flier explaining:
1847 (a) the parent's rights under this part, including the right to be present and participate in
1848 any court proceeding relating to the child's case;
1849 (b) that it may be in the parent's best interest to contact an attorney and that, if the
1850 parent cannot afford an attorney, the court will appoint one;
1851 (c) the name and contact information of a division employee the parent may contact
1852 with questions;
1853 (d) resources that are available to the parent, including:
1854 (i) mental health resources;
1855 (ii) substance abuse resources; and
1856 (iii) parenting classes; and
1857 (e) any other information considered relevant by the division.
1858 (6) The pamphlet or flier described in Subsection (5) shall be:
1859 (a) evaluated periodically for its effectiveness at conveying necessary information and
1860 revised accordingly;
1861 (b) written in simple, easy-to-understand language; and
1862 (c) available in English and other languages as the division determines to be
1863 appropriate and necessary.
1864 Section 68. Section 63I-1-226 is amended to read:
1865 63I-1-226. Repeal dates, Title 26.
1866 (1) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1867 1, 2025.
1868 (2) Section 26-10-11 is repealed July 1, 2020.
1869 (3) Section 26-21-23, Licensing of non-Medicaid nursing care facility beds, is repealed
1870 July 1, 2018.
1871 (4) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
1872 (5) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1, 2016.
1873 (6) Section 26-38-2.5 is repealed July 1, 2017.
1874 (7) Section 26-38-2.6 is repealed July 1, 2017.
1875 (8) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed [
1876 January 1, 2017.
1877 Section 69. Section 63I-1-258 is amended to read:
1878 63I-1-258. Repeal dates, Title 58.
1879 (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
1880 repealed July 1, 2026.
1881 (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
1882 (3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2018.
1883 (4) Section 58-37-4.3 is repealed [
1884 (5) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
1885 (6) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
1886 repealed July 1, 2019.
1887 (7) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
1888 (8) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
1889 1, 2023.
1890 (9) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
1891 (10) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
1892 2026.
1893 (11) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2017.
1894 Section 70. Section 78A-6-508 is amended to read:
1895 78A-6-508. Evidence of grounds for termination.
1896 (1) In determining whether a parent or parents have abandoned a child, it is prima facie
1897 evidence of abandonment that the parent or parents:
1898 (a) although having legal custody of the child, have surrendered physical custody of the
1899 child, and for a period of six months following the surrender have not manifested to the child
1900 or to the person having the physical custody of the child a firm intention to resume physical
1901 custody or to make arrangements for the care of the child;
1902 (b) have failed to communicate with the child by mail, telephone, or otherwise for six
1903 months;
1904 (c) failed to have shown the normal interest of a natural parent, without just cause; or
1905 (d) have abandoned an infant, as described in Subsection 78A-6-316(1).
1906 (2) In determining whether a parent or parents are unfit or have neglected a child the
1907 court shall consider, but is not limited to, the following circumstances, conduct, or conditions:
1908 (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
1909 parent unable to care for the immediate and continuing physical or emotional needs of the child
1910 for extended periods of time;
1911 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
1912 nature;
1913 (c) habitual or excessive use of intoxicating liquors, controlled substances, or
1914 dangerous drugs that render the parent unable to care for the child;
1915 (d) repeated or continuous failure to provide the child with adequate food, clothing,
1916 shelter, education, or other care necessary for the child's physical, mental, and emotional health
1917 and development by a parent or parents who are capable of providing that care;
1918 (e) whether the parent is incarcerated as a result of conviction of a felony, and the
1919 sentence is of such length that the child will be deprived of a normal home for more than one
1920 year;
1921 (f) a history of violent behavior; or
1922 (g) whether the parent has intentionally exposed the child to pornography or material
1923 harmful to a minor, as defined in Section 76-10-1201.
1924 (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent
1925 because of the parent's possession or consumption of Ŝ→ [
1925a Ŝ→ [
1926 medical cannabis device, in accordance with Title 26, Chapter 58, Medical Cannabis Act.
1927 [
1928 provide specified medical treatment for a child is not, for that reason alone, a negligent or unfit
1929 parent.
1930 [
1931 or unfit because of a health care decision made for a child by the child's parent unless the state
1932 or other party to the proceeding shows, by clear and convincing evidence, that the health care
1933 decision is not reasonable and informed.
1934 (b) Nothing in Subsection [
1935 obtain a second health care opinion.
1936 [
1937 parents fail to comply substantially with the terms and conditions of a plan within six months
1938 after the date on which the child was placed or the plan was commenced, whichever occurs
1939 later, that failure to comply is evidence of failure of parental adjustment.
1940 [
1941 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
1942 child, due to known or substantiated abuse or neglect by the parent or parents;
1943 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
1944 indicate the unfitness of the parent to provide adequate care to the extent necessary for the
1945 child's physical, mental, or emotional health and development;
1946 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
1947 of the child;
1948 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
1949 commit murder or manslaughter of a child or child abuse homicide; or
1950 (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
1951 of the child, without legal justification.
1952 Section 71. Effective date.
1953 This bill takes effect on July 1, 2016.