This document includes House Committee Amendments incorporated into the bill on Mon, Mar 7, 2016 at 10:06 PM by lsjones.
This document includes House Committee Amendments incorporated into the bill on Mon, Mar 7, 2016 at 10:16 PM by lsjones.
Representative Robert M. Spendlove proposes the following substitute bill:


1     
CANNABIS-BASED MEDICINE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: Brad M. Daw

6     

7     LONG TITLE
8     General Description:
9          This bill modifies and enacts provisions related to medical cannabis-based medicine.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows an individual with a qualifying illness who registers with a state electronic
13     verification system to possess and use cannabis-based medicine under certain
14     circumstances;
15          ▸     directs the Department of Health to issue a medical cannabis card to an individual
16     who meets the requirements of:
17               •     a qualified patient; or
18               •     a designated caregiver of a qualified patient;
19          ▸     directs the Division of Occupational and Professional Licensing to issue:
20               •     a license to operate a CBM dispensary to a person that meets certain
21     qualifications; and
22               •     a registration card to an individual to act as an agent of a CBM dispensary to an
23     individual who meets certain qualifications;
24          ▸     directs the Department of Agriculture and Food to issue:
25               •     a license to operate a cannabis production establishment to a person that meets

26     certain qualifications; and
27               •     a registration card to an individual to act as an agent of a medical
28     cannabis-based medicine establishment if the individual meets certain
29     qualifications;
30          ▸     directs the Department of Financial Institutions to issue a license to a person to
31     operate a cannabis payment processor;
32          ▸     requires a CBM dispensary to report the distribution of cannabis-based medicine to
33     an individual to the Utah Controlled Substance Database;
34          ▸     permits a political subdivision to restrict the location of and operations of a CBM
35     dispensary or medical cannabis-based medicine establishment through local zoning
36     ordinances and business licenses;
37          ▸     amends the Controlled Substances Act to allow a licensed person to grow cannabis,
38     process cannabis, and to possess and sell cannabis-based medicine under certain
39     circumstances;
40          ▸     requires a physician who recommends cannabis-based medicine to a patient to:
41               •     receive training;
42               •     report adverse events to the Department of Health; and
43               •     limit the number of patients for whom the physician will recommend
44     cannabis-based medicine;
45          ▸     imposes a tax on the retail sale of medical cannabis-based medicine;
46          ▸     amends provisions related to driving with a measurable metabolite of
47     cannabis-based medicine;
48          ▸     creates the Medical Cannabis Restricted Account;
49          ▸     modifies the membership of the Controlled Substances Advisory Committee;
50          ▸     allows a higher education institution to purchase cannabis-based medicine, possess
51     cannabis-based medicine, and give cannabis-based medicine to a patient pursuant to
52     a medical research study approved by the Department of Health;
53          ▸     directs the Controlled Substances Advisory Committee to recommend conditions to
54     include as qualifying illnesses for treatment using cannabis-based medicine;
55          ▸     prohibits a court from discriminating against a parent in a child custody case based
56     on the parent's legal use of cannabis-based medicine; and

57          ▸     prohibits a peace officer or child welfare worker from removing a child from an
58     individual's home on the basis of the individual's lawful use of cannabis-based
59     medicine.
60     Money Appropriated in this Bill:
61          None
62     Other Special Clauses:
63          This bill provides a special effective date.
64     Utah Code Sections Affected:
65     AMENDS:
66          41-6a-517, as last amended by Laws of Utah 2013, Chapter 333
67          58-38a-201, as last amended by Laws of Utah 2011, Chapter 60
68          58-38a-203, as last amended by Laws of Utah 2011, Chapters 12 and 340
69          62A-4a-202.1, as last amended by Laws of Utah 2012, Chapters 221 and 293
70          63I-1-258, as last amended by Laws of Utah 2015, Chapters 40, 186, 187, 320, 367,
71     and 432
72          78A-6-508, as last amended by Laws of Utah 2014, Chapter 409
73     ENACTS:
74          4-42-101, Utah Code Annotated 1953
75          4-42-102, Utah Code Annotated 1953
76          4-42-103, Utah Code Annotated 1953
77          4-42-104, Utah Code Annotated 1953
78          4-42-201, Utah Code Annotated 1953
79          4-42-202, Utah Code Annotated 1953
80          4-42-203, Utah Code Annotated 1953
81          4-42-204, Utah Code Annotated 1953
82          4-42-205, Utah Code Annotated 1953
83          4-42-301, Utah Code Annotated 1953
84          4-42-302, Utah Code Annotated 1953
85          4-42-303, Utah Code Annotated 1953
86          4-42-401, Utah Code Annotated 1953
87          4-42-402, Utah Code Annotated 1953

88          4-42-403, Utah Code Annotated 1953
89          4-42-404, Utah Code Annotated 1953
90          4-42-501, Utah Code Annotated 1953
91          4-42-601, Utah Code Annotated 1953
92          4-42-602, Utah Code Annotated 1953
93          4-42-603, Utah Code Annotated 1953
94          4-42-701, Utah Code Annotated 1953
95          4-42-702, Utah Code Annotated 1953
96          4-42-801, Utah Code Annotated 1953
97          4-42-802, Utah Code Annotated 1953
98          4-42-803, Utah Code Annotated 1953
99          7-26-101, Utah Code Annotated 1953
100          7-26-102, Utah Code Annotated 1953
101          7-26-201, Utah Code Annotated 1953
102          7-26-202, Utah Code Annotated 1953
103          7-26-203, Utah Code Annotated 1953
104          7-26-301, Utah Code Annotated 1953
105          7-26-401, Utah Code Annotated 1953
106          7-26-402, Utah Code Annotated 1953
107          26-58-101, Utah Code Annotated 1953
108          26-58-102, Utah Code Annotated 1953
109          26-58-103, Utah Code Annotated 1953
110          26-58-104, Utah Code Annotated 1953
111          26-58-105, Utah Code Annotated 1953
112          26-58-201, Utah Code Annotated 1953
113          26-58-202, Utah Code Annotated 1953
114          26-58-203, Utah Code Annotated 1953
115          26-58-204, Utah Code Annotated 1953
116          26-58-205, Utah Code Annotated 1953
117          26-58-206, Utah Code Annotated 1953
118          26-58-207, Utah Code Annotated 1953
118a      Ĥ→ 26-58-208, Utah Code Annotated 1953 ←Ĥ
119          26-58-301, Utah Code Annotated 1953
120          26-58-401, Utah Code Annotated 1953
121          53-1-106.5, Utah Code Annotated 1953
122          58-37-3.6, Utah Code Annotated 1953
123          58-37f-204, Utah Code Annotated 1953
124          58-38a-203.1, Utah Code Annotated 1953
125          58-67-807, Utah Code Annotated 1953
126          58-68-807, Utah Code Annotated 1953
127          58-86-101, Utah Code Annotated 1953
128          58-86-102, Utah Code Annotated 1953
129          58-86-201, Utah Code Annotated 1953
130          58-86-202, Utah Code Annotated 1953
131          58-86-203, Utah Code Annotated 1953
132          58-86-204, Utah Code Annotated 1953
133          58-86-205, Utah Code Annotated 1953
134          58-86-301, Utah Code Annotated 1953
135          58-86-302, Utah Code Annotated 1953
136          58-86-303, Utah Code Annotated 1953
137          58-86-401, Utah Code Annotated 1953
138          58-86-402, Utah Code Annotated 1953
139          58-86-403, Utah Code Annotated 1953
140          58-86-404, Utah Code Annotated 1953
141          58-86-405, Utah Code Annotated 1953
142          58-86-406, Utah Code Annotated 1953
143          58-86-501, Utah Code Annotated 1953
144          58-86-502, Utah Code Annotated 1953
145          59-12-104.7, Utah Code Annotated 1953
146          59-28-101, Utah Code Annotated 1953
147          59-28-102, Utah Code Annotated 1953
148          59-28-103, Utah Code Annotated 1953
149          59-28-104, Utah Code Annotated 1953

150          59-28-105, Utah Code Annotated 1953
151          59-28-106, Utah Code Annotated 1953
152          59-28-107, Utah Code Annotated 1953
153          59-28-108, Utah Code Annotated 1953
154     

155     Be it enacted by the Legislature of the state of Utah:
156          Section 1. Section 4-42-101 is enacted to read:
157     
CHAPTER 42. CANNABIS PRODUCTION ESTABLISHMENT LICENSE

158     
Part 1. General Provisions

159          4-42-101. Title.
160          This chapter is known as "Cannabis Production Establishment License."
161          Section 2. Section 4-42-102 is enacted to read:
162          4-42-102. Definitions.
163          As used in this chapter:
164          (1) "Cannabis-based medicine" means the same as that term is defined in Section
165     58-37-3.6.
166          (2) "Cannabis cultivation facility" means a person that:
167          (a) grows cannabis; or
168          (b) possesses cannabis with the intent to grow cannabis.
169          (3) "Cannabis cultivation facility agent" means an owner, officer, director, board
170     member, shareholder, agent, employee, or volunteer of a cannabis cultivation facility.
171          (4) "Cannabis-based medicine dispensary" or "CBM dispensary" means a person that:
172          (a) sells cannabis-based medicine; or
173          (b) purchases or possesses cannabis-based medicine with the intent to sell
174     cannabis-based medicine.
175          (5) "Cannabis-based medicine dispensary agent" or "CBM dispensary agent" means the
176     same as that term is defined in Section 58-86-102.
177          (6) "Cannabis-based medicine dispensary agent registration card" or "CBM dispensary
178     agent registration card" means the same as that term is defined in Section 58-86-102.
179          (7) "Cannabis payment processor" means the same as that term is defined in Section
180     7-26-102.

181          (8) "Cannabis processing facility" means a person that:
182          (a) manufactures cannabis-based medicine from cannabis;
183          (b) purchases or possesses cannabis with the intent to manufacture cannabis-based
184     medicine; or
185          (c) sells or intends to sell cannabis-based medicine to a cannabis dispensary.
186          (9) "Cannabis processing facility agent" means an owner, officer, director, board
187     member, shareholder, agent, employee, or volunteer of a cannabis processing facility.
188          (10) "Cannabis production establishment" means:
189          (a) a cannabis cultivation facility;
190          (b) a cannabis processing facility; or
191          (c) an independent cannabis testing laboratory.
192          (11) "Cannabis production establishment agent" means:
193          (a) a cannabis cultivation facility agent;
194          (b) a cannabis processing facility agent; or
195          (c) an independent cannabis testing laboratory agent.
196          (12) "Cannabis production establishment agent registration card" means a registration
197     card issued by the department under Section 4-42-301 that:
198          (a) authorizes an individual to act as a cannabis production establishment agent; and
199          (b) designates the type of cannabis production establishment for which the individual is
200     authorized to act as a cannabis production establishment agent.
201          (13) "Cannabinoid profile" means the percentage of cannabis-based medicine, by
202     weight, that is composed of the cannabinoids:
203          (a) tetrahydrocannabinol or THC;
204          (b) tetrahyrdocannabinolic acid or THCa;
205          (c) cannabidiol or CBD;
206          (d) cannabinol or CBN; and
207          (e) cannabigerol or CBG.
208          (14) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
209          (15) "Controlled Substances Advisory Committee" means the committee created in
210     Section 58-38a-201.
211          (16) "Designated caregiver" means the same as that term is defined in Section

212     58-86-102.
213          (17) "Electronic verification system" means the system described in Section 26-58-104.
214          (18) "Independent cannabis testing laboratory" means a person that:
215          (a) conducts a chemical or other analysis of cannabis-based medicine; or
216          (b) possesses cannabis-based medicine with the intent to conduct a chemical or other
217     analysis of the cannabis-based medicine.
218          (19) "Independent cannabis testing laboratory agent" means an owner, officer, director,
219     board member, shareholder, agent, employee, or volunteer of an independent cannabis testing
220     laboratory.
221          (20) "Inventory control system" means the system described in Section 4-42-103.
222          (21) "Medical cannabis card" means the same as that term is defined in Section
223     26-58-102.
224          (22) "Medical Cannabis Restricted Account" means the account created in Section
225     26-58-105.
226          (23) "Physician" means the same as that term is defined in Section 26-58-102.
227          (24) "Qualifying illness" means a condition described in Subsection 58-38a-203.1(1).
228          Section 3. Section 4-42-103 is enacted to read:
229          4-42-103. Inventory control system.
230          (1) The electronic verification system shall include, for each cannabis production
231     establishment and CBM dispensary, an inventory control system that meets the requirements of
232     this section.
233          (2) An inventory control system shall track cannabis-based medicine and the cannabis
234     from which the cannabis-based medicine is derived, in real time, from the time that a cannabis
235     plant is first planted as a seed or clone until the cannabis-based medicine derived from the
236     cannabis is sold by a CBM dispensary.
237          (3) An inventory control system shall store, in real time, a record of the amount of
238     cannabis or cannabis-based medicine in a cannabis production establishment's or CBM
239     dispensary's possession.
240          (4) An inventory control system shall include a video recording system that:
241          (a) tracks all handling and processing of cannabis or a cannabis product in a cannabis
242     production establishment or CBM dispensary;

243          (b) is tamper proof; and
244          (c) is capable of storing a video record for 180 days.
245          (5) An inventory control system shall maintain compatibility with the electronic
246     verification system.
247          (6) An inventory control system shall allow access by:
248          (a) the Department of Public Safety;
249          (b) the Department of Agriculture and Food;
250          (c) the Department of Health; and
251          (d) the Division of Occupational and Professional Licensing within the Department of
252     Commerce.
253          Section 4. Section 4-42-104 is enacted to read:
254          4-42-104. Preemption.
255          This chapter does not preempt an ordinance enacted by a political subdivision of the
256     state regarding a cannabis production establishment that is more restrictive than this chapter.
257          Section 5. Section 4-42-201 is enacted to read:
258          4-42-201. Cannabis production establishment -- License -- Renewal.
259          (1) A person may not act as a cannabis production establishment without a license
260     issued by the department under this chapter.
261          (2) Subject to Subsections (4) through (6), the department shall, within 30 days after
262     receiving a complete application, issue a license to operate a cannabis production establishment
263     to a person that submits to the department:
264          (a) a proposed name, address, and physical location where the person will operate the
265     cannabis production establishment;
266          (b) a bond as required by Section 4-42-205, for each license for which the person
267     applies;
268          (c) for each location of a cannabis production establishment for which the person
269     applies, evidence that the person can obtain a business license and meet zoning requirements
270     established by a political subdivision;
271          (d) an application fee established by the department, in accordance with Section
272     63J-1-504, that is necessary to cover the department's cost to implement this chapter;
273          (e) evidence that the person can comply with the requirements in this chapter;

274          (f) evidence that the person will implement an inventory control system at the cannabis
275     production establishment; and
276          (g) an operation plan that complies with Section 4-42-203.
277          (3) If the department determines that a cannabis production establishment is eligible for
278     a license under this section, the department shall charge the cannabis-based medicine
279     establishment an initial license fee in an amount determined by the department in accordance
280     with Section 63J-1-504.
281          (4) The department shall require a separate license and separate license fee for each
282     type of cannabis production establishment and each location of a cannabis production
283     establishment.
284          (5) The department may issue a cannabis cultivation facility license and a cannabis
285     processing facility license to be operated by:
286          (a) the same person at the same physical location; or
287          (b) the same person at separate physical locations.
288          (6) The department may not issue a license to operate an independent cannabis testing
289     laboratory to a person:
290          (a) that holds a license for or has an ownership interest in a CBM dispensary, a
291     cannabis processing facility, or a cannabis cultivation facility in the state;
292          (b) that has an owner, officer, board member, volunteer, shareholder, agent, director, or
293     employee whose immediate family member holds a license for or has an ownership interest in a
294     CBM dispensary, a cannabis processing facility, or a cannabis cultivation facility; or
295          (c) proposes to operate the independent testing laboratory at the same physical location
296     as a CBM dispensary, a cannabis processing facility, or a cannabis cultivation facility.
297          (7) The department may not issue a cannabis production establishment license to a
298     person that holds a license for, or has an ownership interest in, a CBM dispensary.
299          (8) The department may revoke a license under this chapter if the cannabis production
300     establishment is not operational within one year of the issuance of the initial license.
301          Section 6. Section 4-42-202 is enacted to read:
302          4-42-202. Renewal.
303          (1) Except as provided in Subsection (2), the department shall renew a person's
304     cannabis production establishment license every two years if, at the time of renewal:

305          (a) the person meets the requirements of Section 4-42-201; and
306          (b) the person pays the department a license renewal fee in an amount determined by
307     the department in accordance with Section 63J-1-504.
308          (2) (a) The department may not renew a cannabis production establishment's license for
309     a sixth consecutive time unless the department publishes a notice, in a newspaper of general
310     circulation for the geographic area in which the cannabis production establishment is located,
311     one year before the day on which the cannabis production establishment's license expires, that
312     includes:
313          (i) the name and location of the cannabis production establishment;
314          (ii) the day on which the license for the cannabis production establishment will expire;
315     and
316          (iii) a solicitation for cannabis production establishment license applicants.
317          (b) If, after the department publishes the notice described in Subsection (2)(a), the
318     department receives an application for a cannabis production establishment from a new
319     applicant and also receives an application for renewal from the existing cannabis production
320     establishment, the department shall issue the license to the applicant that the department
321     determines best meets the criteria established in Section 4-42-204.
322          (3) (a) If a licensed cannabis production establishment abandons the cannabis
323     production establishment's license, the department shall publish notice of an available license
324     in the same manner as described in Subsection (2)(a).
325          (b) The department may establish criteria, in accordance with Title 63G, Chapter 3,
326     Utah Administrative Rulemaking Act, for what actions by a cannabis production establishment
327     constitute abandonment of a cannabis production establishment license.
328          Section 7. Section 4-42-203 is enacted to read:
329          4-42-203. Operating plan.
330          (1) A person applying for a license to act as a cannabis production establishment shall
331     submit to the department, with the person's application, a proposed operating plan that
332     includes:
333          (a) a description of the physical characteristics of the proposed facility;
334          (b) a description of the credentials and experience of any proposed cannabis production
335     establishment agent;

336          (c) the cannabis production establishment's employee training standards;
337          (d) a security plan;
338          (e) a plan to process payments thought a cannabis payment processor licensed under
339     Section 7-26-201.
340          (f) for a cannabis cultivation facility, the information described in Subsection (2);
341          (g) for a cannabis processing facility, the information described in Subsection (3); and
342          (h) for an independent cannabis-based medicine testing lab, the information described
343     in Subsection (4).
344          (2) A cannabis cultivation facility's operating plan shall include the cannabis
345     cultivation facility's proposed cannabis cultivation practices, including the cannabis cultivation
346     facility's:
347          (a) pesticide and fertilizer use;
348          (b) proposed square footage under cultivation; and
349          (c) anticipated cannabis-based medicine yield.
350          (3) A cannabis processing facility's operating plan shall include the cannabis
351     processing facility's proposed cannabis-based medicine processing practices, including the
352     cannabis processing facility's:
353          (a) proposed cannabinoid extraction method;
354          (b) processing equipment; and
355          (c) other processing techniques.
356          (4) An independent cannabis testing laboratory's operating plan shall include the
357     independent cannabis testing laboratory's proposed cannabis-based medicine and
358     cannabis-based medicine product testing capability.
359          Section 8. Section 4-42-204 is enacted to read:
360          4-42-204. Maximum number of licenses.
361          (1) The department may not issue more than, at any given time:
362          (a) two cannabis cultivation facility licenses;
363          (b) two cannabis processing facility licenses; and
364          (c) two independent cannabis testing laboratory licenses.
365          (2) If the department receives more applications for a license to operate a given type of
366     cannabis production establishment than are available under Subsection (1), the department

367     shall evaluate the applicants to determine which applicant has best demonstrated:
368          (a) experience with:
369          (i) establishing and running a business in a related field;
370          (ii) operating a secure inventory control system;
371          (iii) complying with a regulatory environment; and
372          (iv) training, evaluating, and monitoring employees;
373          (b) connections to the local community; and
374          (c) that the applicant will keep the cost of the applicant's products or services low.
375          Section 9. Section 4-42-205 is enacted to read:
376          4-42-205. Bond for a cannabis production establishment license.
377          (1) A cannabis production establishment licensed under Section 4-42-201 shall post a
378     cash bond or surety bond, payable to the department, in an amount equal to:
379          (a) for a cannabis cultivation facility, $2,000,000;
380          (b) for a cannabis processing facility, $1,000,000; and
381          (c) for an independent cannabis testing laboratory, $75,000.
382          (2) A cannabis production establishment licensed under Section 4-42-201 shall
383     maintain the bond described in Subsection (1) for as long as the cannabis production
384     establishment continues to operate.
385          (3) The department shall require a bond a cannabis production establishment posts
386     under this section to be:
387          (a) in a form approved by the attorney general; and
388          (b) conditioned upon the cannabis production establishment's compliance with this
389     chapter.
390          (4) If a bond described in Subsection (1) is canceled due to a cannabis production
391     establishment's negligence, the department may assess the cannabis production establishment a
392     $300 reinstatement fee.
393          (5) A cannabis production establishment may not withdraw any part of a bond posted
394     under Subsection (1):
395          (a) during the period when the cannabis production establishment's license is in effect;
396     or
397          (b) while a license revocation proceeding is pending against the cannabis production

398     establishment.
399          (6) A cannabis production establishment forfeits a bond posted under Subsection (1) if
400     the cannabis production establishment's license is revoked.
401          (7) The department may, without revoking a license, make a claim against a bond
402     posted by a cannabis production establishment under Subsection (1) for money the cannabis
403     production establishment owes the department under this chapter.
404          Section 10. Section 4-42-301 is enacted to read:
405     
Part 3. Cannabis Production Establishment Agents

406          4-42-301. Cannabis production establishment agent -- Registration.
407          (1) An individual may not act as a cannabis production establishment agent of a
408     cannabis production establishment unless the individual is registered by the department under
409     this section.
410          (2) A physician may not serve as a cannabis production establishment agent.
411          (3) An independent cannabis testing laboratory agent may not act as an agent for a
412     CBM dispensary, a cannabis processing facility, or a cannabis cultivation facility.
413          (4) The department shall, within 15 business days after receiving a complete
414     application, register and issue a cannabis production establishment agent registration card to an
415     individual who:
416          (a) has not been convicted of an offense that is a felony under either state or federal
417     law;
418          (b) provides to the department:
419          (i) the individual's name and address;
420          (ii) the name and location of a licensed cannabis production establishment where the
421     individual seeks to act as the cannabis production establishment's agent; and
422          (iii) any other information required by the department by rule made in accordance with
423     Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
424          (c) pays the department a fee, determined by the department in accordance with Section
425     63J-1-504, that is necessary to cover the department's cost to implement this part; and
426          (d) complies with the requirement for and passes a criminal background check
427     described in Section 4-42-302.
428          (5) The department shall designate, for a cannabis production establishment agent

429     registration card the department issues under Subsection (4), whether the cannabis production
430     establishment agent registration card holder is authorized to act as an agent for:
431          (a) a cannabis cultivation facility;
432          (b) a cannabis processing facility;
433          (c) both a cannabis cultivation facility and a cannabis processing facility; or
434          (d) an independent cannabis testing laboratory.
435          (6) A cannabis production establishment agent shall complete training in
436     cannabis-based medicine production that complies with minimum standards established by the
437     department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
438     Rulemaking Act.
439          (7) The department may revoke the cannabis production establishment agent
440     registration card of an individual who:
441          (a) violates the requirements of this chapter; or
442          (b) is convicted of an offense that is a felony under state or federal law.
443          Section 11. Section 4-42-302 is enacted to read:
444          4-42-302. Cannabis production establishment agents -- Criminal background
445     checks.
446          (1) An individual applying for a cannabis production establishment agent registration
447     card under this chapter shall:
448          (a) submit to the department:
449          (i) a fingerprint card in a form acceptable to the Department of Public Safety; and
450          (ii) a signed waiver in accordance with Subsection 53-10-108(4) indicating that the
451     individual's fingerprints are being registered in the Federal Bureau of Investigation's Next
452     Generation Identification system's Rap Back Service; and
453          (b) consent to a fingerprint background check by:
454          (i) the Utah Bureau of Criminal Identification; and
455          (ii) the Federal Bureau of Investigation.
456          (2) The Bureau of Criminal Identification shall:
457          (a) check the fingerprints submitted under Subsection (1) against the applicable state,
458     regional, and national criminal records databases, including the Federal Bureau of
459     Investigation's Next Generation Identification system;

460          (b) report the results of the background check to the department;
461          (c) maintain a separate file of fingerprints submitted under Subsection (1) for search by
462     future submissions to the local and regional criminal records databases, including latent prints;
463          (d) request that the fingerprints be retained in the Federal Bureau of Investigation's
464     Next Generation Identification system's Rap Back Service for search by future submissions to
465     national criminal records databases, including the Next Generation Identification system and
466     latent prints; and
467          (e) establish a privacy risk mitigation strategy to ensure that the entity only receives
468     notifications for an individual with whom the entity maintains an authorizing relationship.
469          (3) The department shall:
470          (a) assess an individual who submits fingerprints, in accordance with this section, a fee
471     that the Bureau of Criminal Identification is authorized to collect for the services the Bureau of
472     Criminal Identification or other authorized agency provides under this section; and
473          (b) remit a fee collected under Subsection (3)(a) to the Bureau of Criminal
474     Identification.
475          Section 12. Section 4-42-303 is enacted to read:
476          4-42-303. Cannabis production establishment agent registration card --
477     Rebuttable presumption.
478          (1) An individual who has a cannabis production establishment agent registration card
479     shall carry the individual's cannabis production establishment agent registration card with the
480     individual at all times when:
481          (a) the individual is on the premises of a cannabis production establishment; and
482          (b) the individual is transporting cannabis or cannabis-based medicine between two
483     cannabis production establishments or transporting cannabis-based medicine between a
484     cannabis production establishment and a CBM dispensary.
485          (2) A cannabis production establishment agent registered with the department is guilty
486     of an infraction if the registered cannabis production establishment agent:
487          (a) (i) is on the premises of a cannabis production establishment where the individual is
488     registered as an agent; or
489          (ii) transports cannabis or cannabis-based medicine; and
490          (b) does not possess, on the registered cannabis production establishment agent's

491     person, a valid cannabis production establishment agent registration card.
492          (3) A registered cannabis production establishment agent who is guilty of an infraction
493     under Subsection (2) is subject to a $100 fine.
494          Section 13. Section 4-42-401 is enacted to read:
495     
Part 4. General Cannabis Production Establishment Operating Requirements

496          4-42-401. Cannabis production establishment -- General operating requirements.
497          (1) (a) A cannabis production establishment shall operate in accordance with the
498     operating plan the cannabis production establishment provides to the department under Section
499     4-42-203.
500          (b) A cannabis production establishment shall notify the department within 30 days of
501     any change in the cannabis production establishment's operation plan.
502          (2) Except as provided in Subsection (3), a cannabis production establishment shall
503     operate:
504          (a) in a facility that is accessible only by an individual with a valid cannabis production
505     establishment agent registration card issued under Section 4-42-301; and
506          (b) at the physical address provided to the department under Section 4-42-201.
507          (3) A cannabis-based medicine production facility may allow the press, a visitor, or a
508     contractor access to the cannabis production establishment if:
509          (a) the cannabis-based medicine production facility tracks and monitors the individual
510     at all times while the individual is in the cannabis production establishment; and
511          (b) a record of the individual's access to the cannabis production establishment is
512     maintained by the cannabis production establishment.
513          (4) A cannabis production establishment shall have:
514          (a) a single, secure public entrance;
515          (b) a security system with a backup power source that:
516          (i) detects and records entry into the cannabis production establishment when the
517     cannabis production establishment is closed; and
518          (ii) provides notice of an unauthorized entry to law enforcement; and
519          (c) a lock on any area where the cannabis production establishment stores cannabis or
520     cannabis-based medicine.
521          (5) A cannabis production establishment may only transmit or accept payments for

522     cannabis-based medicine using a cannabis payment processor licensed under Section 7-26-201.
523          (6) The department shall establish structural standards for a cannabis production
524     establishment by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
525     Rulemaking Act.
526          Section 14. Section 4-42-402 is enacted to read:
527          4-42-402. Inspections.
528          (1) Subject to Subsection (2), the department shall inspect the records and facility of a
529     cannabis production establishment in order to determine if the cannabis production
530     establishment complies with the requirements of this chapter.
531          (2) The department may inspect the records and facility of a cannabis production
532     establishment:
533          (a) as many as four times per year, scheduled or unscheduled; and
534          (b) if the department has reason to believe that the cannabis production establishment
535     has violated the law, at any time, scheduled or unscheduled.
536          Section 15. Section 4-42-403 is enacted to read:
537          4-42-403. Advertising.
538          A cannabis production establishment may not advertise to the general public in any
539     medium.
540          Section 16. Section 4-42-404 is enacted to read:
541          4-42-404. Cannabis or cannabis-based medicine transportation.
542          (1) An individual may not transport cannabis or cannabis-based medicine between two
543     cannabis production establishments, or between a cannabis production establishment and a
544     CBM dispensary unless the individual has a valid cannabis production establishment agent
545     registration card or valid CBM dispensary agent registration card.
546          (2) An individual transporting cannabis-based medicine or cannabis shall keep a
547     transportation record that includes:
548          (a) a bar code or identification number that links the cannabis or cannabis-based
549     medicine to a related inventory control system;
550          (b) origin and destination information for any cannabis or cannabis-based medicine the
551     individual is transporting; and
552          (c) a record of the departure and arrival time of the individual transporting the cannabis

553     or cannabis-based medicine.
554          (3) In addition to the requirements in Subsections (1) and (2), the department shall
555     establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
556     Rulemaking Act, requirements for transporting cannabis or cannabis-based medicine related to
557     safety for human cannabis-based medicine consumption.
558          (4) A cannabis production establishment agent registered with the department is guilty
559     of an infraction if the registered cannabis production establishment agent:
560          (a) transports cannabis or cannabis-based medicine; and
561          (b) does not possess, on the registered cannabis production establishment agent's
562     person or in the transport vehicle, a transportation record that complies with Subsection (2).
563          (5) A registered cannabis production establishment agent who is guilty of an infraction
564     under Subsection (3) is subject to a $100 fine.
565          Section 17. Section 4-42-501 is enacted to read:
566     
Part 5. Cannabis Cultivation Facility Operating Requirements

567          4-42-501. Cannabis cultivation facility -- Operating requirements.
568          (1) As used in this section, "low-THC cannabis" means cannabis that has a delta-9
569     tetrahydrocannabinol concentration of less than 0.3% by dry weight.
570          (2) A cannabis cultivation facility shall cultivate cannabis indoors, in a facility
571     equipped with a carbon filtration system for air output.
572          (3) A cannabis cultivation facility shall ensure that any cannabis growing at the
573     cannabis cultivation facility is not visible from outside the cannabis cultivation facility.
574          (4) A cannabis cultivation facility shall use a unique identifier for:
575          (a) each batch of cannabis transferred to a cannabis processing facility; and
576          (b) each unique harvest of cannabis plants.
577          (5) If a cannabis cultivation facility cultivates cannabis other than low-THC cannabis,
578     the cannabis cultivation facility shall cultivate the cannabis and low-THC cannabis in separate
579     spaces with a physical barrier between the spaces.
580          (6) The department may establish human safety standards, by rule made in accordance
581     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for a cannabis cultivation
582     facility's:
583          (a) use of pesticides;

584          (b) use of fertilizers; and
585          (c) cultivation techniques.
585a      Ĥ→ (7)     A cannabis cultivation facility may sell cannabis to a person conducting an
585b     approved study under Section 26-58-208. ←Ĥ
586          Section 18. Section 4-42-601 is enacted to read:
587     
Part 6. Cannabis Processing Facility Operating Requirements

588          4-42-601. Cannabis processing facility -- Operating requirements.
589          (1) A cannabis processing facility shall ensure that cannabis-based medicine that the
590     cannabis processing facility sells or provides to a CBM dispensary complies with the
591     requirements of this part.
592          (2) A cannabis processing facility shall operate in a facility with a carbon filtration
593     system for air output.
594          Section 19. Section 4-42-602 is enacted to read:
595          4-42-602. Cannabis-based medicine -- Product requirements.
596          (1) A cannabis processing facility may only produce cannabis-based medicine in a
597     medical dosage form that is:
598          (a) a tablet;
599          (b) a capsule;
600          (c) a concentrated oil;
601          (d) a trans-dermal preparation; or
602          (e) a sub-lingual preparation.
603          (2) The Controlled Substances Advisory Committee may recommend that the
604     Legislature approve the use of an additional medical dosage form.
605          (3) A cannabis processing facility may not manufacture cannabis-based medicine by
606     applying a cannabis agent to the surface of a food product.
607          Section 20. Section 4-42-603 is enacted to read:
608          4-42-603. Cannabis-based medicine -- Labeling and packaging.
609          (1) Cannabis-based medicine shall have a label that:
610          (a) clearly and unambiguously states that the cannabis-based medicine contains
611     cannabis;
612          (b) clearly displays the cannabinoid profile of the cannabis-based medicine;
613          (c) has a unique batch identifier that identifies the unique manufacturing process when
614     the cannabis-based medicine was manufactured;

615          (d) has a bar code or other identifier that allows the cannabis-based medicine to be
616     tracked by an inventory control system and the electronic verification system; and
617          (e) contains information required by the department in accordance with Subsection (3).
618          (2) A cannabis processing facility shall package cannabis-based medicine in a
619     container that:
620          (a) is tamper resistant and opaque; and
621          (b) complies with physical criteria required by the department in accordance with
622     Subsection (3).
623          (3) The department shall establish cannabis-based medicine labeling and packaging
624     standards by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
625     Rulemaking Act.
626          Section 21. Section 4-42-701 is enacted to read:
627     
Part 7. Independent Cannabis Testing Laboratory Operating Requirements

628          4-42-701. Cannabis and cannabis-based medicine testing.
629          (1) An independent cannabis testing laboratory shall, before cannabis-based medicine
630     is offered for sale at a CBM dispensary, test the cannabis-based medicine as described in this
631     section.
632          (2) An independent cannabis testing laboratory may not operate unless the independent
633     cannabis testing laboratory is capable of accurately testing cannabis-based medicine as
634     described in this section.
635          (3) An independent testing laboratory shall determine the cannabinoid profile of
636     cannabis-based medicine.
637          (4) An independent cannabis testing laboratory shall determine if cannabis-based
638     medicine contains, in an amount that is harmful to human health:
639          (a) mold;
640          (b) fungus;
641          (c) pesticides; or
642          (d) other microbial contaminants.
643          (5) For cannabis-based medicine that is manufactured using a process that involves
644     extraction using hydrocarbons, an independent cannabis testing laboratory shall test the
645     cannabis-based medicine for residual solvents.

646          (6) An independent cannabis testing laboratory shall test any cannabis that the
647     independent cannabis testing laboratory receives from a cannabis cultivation facility using
648     carbon stable isotope testing to determine:
649          (a) the origin of the cannabis;
650          (b) the conditions under which the cannabis was grown; and
651          (c) any other information required by the department under Subsection (7) about the
652     cannabis that can be determined using stable isotope testing.
653          (7) The department may determine, by rule made in accordance with Title 63G,
654     Chapter 3, Utah Administrative Rulemaking Act:
655          (a) the amount of substances described in Subsection (4) and the amount of residual
656     solvents that are safe for human consumption;
657          (b) additional cannabis or cannabis-based medicine testing that an independent
658     cannabis testing laboratory is required to perform; and
659          (c) minimum standards for an independent cannabis testing laboratory's testing
660     methods and procedures.
661          Section 22. Section 4-42-702 is enacted to read:
662          4-42-702. Reporting -- Inspections.
663          (1) An independent cannabis testing laboratory shall notify the department if the
664     independent cannabis testing laboratory determines that the results of a lab test indicate that a
665     cannabis-based medicine batch:
666          (a) is unsafe for human consumption; or
667          (b) has a ratio of less than 10 grams of the cannabinoid cannabis-based medicine per
668     each one gram of tetrahydrocannabinol.
669          (2) If the independent cannabis testing laboratory notifies the department of a
670     cannabis-based medicine batch's test results under Subsection (1), the independent cannabis
671     testing laboratory may not release the cannabis-based medicine batch to a CBM dispensary
672     until the department has an opportunity to respond to the independent cannabis testing
673     laboratory within a period of time, determined by the department.
674          (3) If the department determines that a cannabis-based medicine batch is unsafe for
675     human consumption, the department may seize, embargo, and destroy a cannabis-based
676     medicine batch in accordance with Section 4-42-801.

677          (4) The department shall establish, by rule made in accordance with Title 63G, Chapter
678     3, Utah Administrative Rulemaking Act, the amount of time that an independent cannabis
679     testing laboratory is required to hold a cannabis-based medicine batch under Subsection (2).
680          (5) The department may conduct a test to:
681          (a) to determine the accuracy of an independent cannabis testing laboratory's:
682          (i) cannabis-based medicine test results; or
683          (ii) analytical method; or
684          (b) validate an independent cannabis testing laboratory's testing methods.
685          Section 23. Section 4-42-801 is enacted to read:
686     
Part 8. Enforcement

687          4-42-801. Enforcement -- Fine -- Citation.
688          (1) The department may, for a violation of the licensing provisions of this chapter by a
689     person that is a cannabis production establishment or a cannabis production establishment
690     agent:
691          (a) revoke the person's license;
692          (b) refuse to renew the person's license;
693          (c) assess the person an administrative penalty; or
694          (d) take any other appropriate administrative action.
695          (2) The department shall deposit an administrative penalty imposed under this section
696     into the General Fund as a dedicated credit to be used by the department to administer and
697     enforce this chapter.
698          (3) (a) The department may take an action described in Subsection (3)(b) if the
699     department concludes, upon inspection or investigation, that, for a person that is a cannabis
700     production establishment or a cannabis production establishment agent:
701          (i) the person has violated the provisions of this chapter, a rule made under this
702     chapter, or an order issued under this chapter; or
703          (ii) the person prepared a cannabis or cannabis-based medicine batch in a manner, or
704     such that the batch contains a substance, that poses a threat to human health.
705          (b) If the department makes the determination about a person described in Subsection
706     (3)(a)(i), the department shall:
707          (i) issue the person a citation in writing;

708          (ii) attempt to negotiate a stipulated settlement; or
709          (iii) direct the person to appear before an adjudicative proceeding conducted under
710     Title 63G, Chapter 4, Administrative Procedures Act.
711          (c) If the department makes the determination about a person described in Subsection
712     (3)(a)(ii), the department may:
713          (i) seize, embargo, or destroy a cannabis or cannabis-based medicine batch; and
714          (ii) direct the person to appear before an adjudicative proceeding conducted under Title
715     63G, Chapter 4, Administrative Procedures Act.
716          (4) The department may, for a person subject to an uncontested citation, a stipulated
717     settlement, or a finding of a violation in an adjudicative proceeding under this section:
718          (a) assess the person a fine, established in accordance with Section 63J-1-504, of up to
719     $5,000 per violation, in accordance with a fine schedule established by rule made in accordance
720     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
721          (b) order the person to cease and desist from the action that creates a violation.
722          (5) The department may not revoke a cannabis production establishment's license via a
723     citation.
724          (6) If within 20 calendar days after the day on which a department serves a citation for
725     a violation of this chapter, the person that is the subject of the citation fails to request a hearing
726     to contest the citation, the citation becomes the basis of the department's final order.
727          (7) The department may, for a person who fails to comply with a citation under this
728     section:
729          (a) refuse to issue or renew the person's license or cannabis production establishment
730     agent registration card; or
731          (b) suspend, revoke, or place on probation the person's license or cannabis production
732     establishment agent registration card.
733          Section 24. Section 4-42-802 is enacted to read:
734          4-42-802. Report to the Legislature.
735          The department shall report, each year before November 1, to the Health and Human
736     Services Interim Committee, on the department's administration and enforcement of this
737     chapter.
738          Section 25. Section 4-42-803 is enacted to read:

739          4-42-803. Fees -- Deposit into Medical Cannabis Restricted Account.
740          The department shall deposit fees the department collects under this chapter in the
741     Medical Cannabis Restricted Account.
742          Section 26. Section 7-26-101 is enacted to read:
743     
CHAPTER 26. CANNABIS PAYMENT PROCESSOR

744     
Part 1. General Provisions

745          7-26-101. Title.
746          This chapter is known as "Cannabis Payment Processor."
747          Section 27. Section 7-26-102 is enacted to read:
748          7-26-102. Definitions.
749          As used in this chapter:
750          (1) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
751          (2) "Cannabis-based medicine" means the same as that term is defined in Section
752     58-37-3.6.
753          (3) "Cannabis cultivation facility" means the same as that term is defined in Section
754     4-42-102.
755          (4) "Cannabis payment processor" means a person that facilitates payment:
756          (a) without using cash;
757          (b) electronically, in connection with the state electronic verification system;
758          (c) (i) by a cannabis production establishment:
759          (A) for cannabis, from a cannabis processing facility to a cannabis cultivation facility;
760          (B) for cannabis-based medicine testing, from a cannabis processing facility to an
761     independent cannabis testing laboratory; or
762          (C) for cannabis-based medicine, from a CBM dispensary to a cannabis processing
763     facility; or
764          (ii) by an individual with a medical cannabis card, for cannabis-based medicine, to a
765     CBM dispensary.
766          (5) "CBM dispensary" means the same as that term is defined in Section 26-58-102.
767          (6) "Cannabis processing facility" means the same as that term is defined in Section
768     4-42-102.
769          (7) "Electronic verification system" means the same as that term is defined in Section

770     26-58-102.
771          Section 28. Section 7-26-201 is enacted to read:
772     
Part 2. Cannabis Payment Processor License

773          7-26-201. Cannabis payment processor -- License.
774          (1) Subject to this chapter, the department shall issue a license to a person to operate as
775     a cannabis payment processor.
776          (2) A person may not act as a cannabis payment processor without a license issued by
777     the department under this section.
778          (3) An applicant for a cannabis payment processor license shall:
779          (a) submit to the department:
780          (i) the applicant's name, business address, and place of incorporation; and
781          (ii) the name of each owner, officer, director, board member, shareholder, agent,
782     employee, or volunteer of the applicant; and
783          (b) present evidence to the department that:
784          (i) the applicant is capable of electronically receiving funds from, and distributing
785     funds to:
786          (A) a cannabis production establishment;
787          (B) a CBM dispensary; and
788          (C) an individual with a medical cannabis card;
789          (ii) the applicant has a partnership, service agreement, or service contract with a
790     federally-insured depository institution that agrees to clear cannabis-based medicine
791     transactions; and
792          (iii) the applicant is able to interface with the electronic verification system to enable
793     an individual with a medical cannabis card to:
794          (A) add funds, using a bank wire or a credit card, to an account with the applicant
795     associated with the medical cannabis card; and
796          (B) use the medical cannabis card to pay for cannabis-based medicine at a CBM
797     dispensary using the funds in the individual's account with the cannabis payment processor.
798          (4) A license issued under this section is valid for two years.
799          (5) The department may determine, by rule made in accordance with Title 63G,
800     Chapter 3, Utah Administrative Rulemaking Act:

801          (a) any additional information an applicant for a cannabis payment processor is
802     required to submit to the department; and
803          (b) procedural requirements for an applicant for a license under this chapter.
804          (6) An applicant for a cannabis payment processor license under this section may
805     request that the department treat information that the applicant submits to the department as
806     confidential under Section 7-1-802.
807          Section 29. Section 7-26-202 is enacted to read:
808          7-26-202. Renewal -- Abandonment.
809          (1) Except as provided in Subsection (2), the department shall renew a person's
810     cannabis payment processor license every two years if, at the time of renewal:
811          (a) the person meets:
812          (i) the requirements of Section 7-26-201; and
813          (ii) demonstrates the criteria described in Subsection 7-26-203(2); and
814          (b) the person pays the department a license renewal fee in an amount determined by
815     the department in accordance with Section 63J-1-504.
816          (2) (a) The department may not renew a cannabis payment processor's license for a
817     consecutive time unless the department publishes a notice, in a newspaper of general
818     circulation for the geographic area in which the cannabis payment processor is located, one
819     year before the day on which the cannabis payment processor's license expires, that includes:
820          (i) the name and location of the cannabis payment processor;
821          (ii) the day on which the license for the cannabis payment processor will expire; and
822          (iii) a solicitation for cannabis payment processor license applicants.
823          (b) If, after the department publishes the notice described in Subsection (2)(a), the
824     department receives an application for a cannabis payment processor license from a new
825     applicant and also receives an application for renewal from the existing cannabis production
826     establishment, the department shall issue the license to the applicant that the department
827     determines best meets the criteria established in Section 7-26-203.
828          (3) (a) If a person who is a licensed cannabis payment processor abandons the person's
829     cannabis payment processor license, or has the person's license revoked, the department shall
830     publish notice of an available license in the same manner as described in Subsection (2)(a).
831          (b) The department may establish criteria, in accordance with Title 63G, Chapter 3,

832     Utah Administrative Rulemaking Act, for what actions by a cannabis payment processor
833     constitute abandonment of a cannabis payment processor license.
834          Section 30. Section 7-26-203 is enacted to read:
835          7-26-203. Number of licenses -- Criteria for awarding a license.
836          (1) The department may only issue one cannabis payment processor license under this
837     chapter.
838          (2) The department shall evaluate an applicant for a cannabis payment processor
839     license to determine to what extent the applicant has demonstrated:
840          (a) experience with:
841          (i) establishing and running a business in a related field;
842          (ii) operating a payment processing system;
843          (iii) complying with a regulatory environment; and
844          (iv) training, evaluating, and monitoring employees;
845          (b) connections to the local community;
846          (c) that the applicant will keep the cost of the applicant's products or services low; and
847          (d) that the applicant will maximize convenience, efficiency, and security for
848     processing cannabis-based medicine payments.
849          (3) After the department reviews an applicant's application under Section 7-26-201 and
850     evaluates the application for the criteria described in Subsection (2), the department shall
851     submit the department's findings and recommendations to the commissioner.
852          (4) After reviewing the findings and recommendations described in Subsection (3), the
853     commissioner shall make a final determination that awards or denies a cannabis payment
854     processor license to an applicant.
855          (5) In making a recommendation of which applicant to award a cannabis payment
856     processor license under Subsection (1), the department shall consult, to the extent that the
857     consultation involves compatibility and coordination of a cannabis payment processor licensee
858     with other state cannabis-based medicine regulation, with:
859          (a) the executive director of the Department of Commerce or the executive director's
860     designee;
861          (b) the chair of the State Tax Commission or the chair's designee;
862          (c) the chief information officer of the Department of Technology Services or the chief

863     information officer's designee;
864          (d) the executive director of the Department of Health or the executive director's
865     designee;
866          (e) the commissioner of the Department of Agriculture and Food or the executive
867     director's designee;
868          (f) the commissioner of the Department of Financial Institutions or the commissioner's
869     designee; and
870          (g) the commissioner of the Department of Public Safety or the commissioner's
871     designee.
872          (6) An applicant for which the department denies an application is entitled to judicial
873     review under Section 7-1-714.
874          Section 31. Section 7-26-301 is enacted to read:
875     
Part 3. Operating Requirements

876          7-26-301. Operating requirements.
877          (1) A cannabis payment processor may not accept or disburse cash in a transaction
878     involving cannabis-based medicine.
879          (2) A cannabis payment processor may not act as a cannabis payment processor for a
880     person unless the person is:
881          (a) an individual with a medical cannabis card issued by the Department of Health
882     under Title 26, Chapter 58, Cannabis-Based Medicine Act; or
883          (b) a person who is licensed under:
884          (i) Title 4, Chapter 42, Cannabis Production Establishment License; or
885          (ii) Title 58, Chapter 86, CBM Dispensary License.
886          (3) A cannabis payment processor shall maintain interoperability with the electronic
887     verification system.
888          Section 32. Section 7-26-401 is enacted to read:
889     
Part 4. Enforcement

890          7-26-401. Examination -- Administrative action.
891          (1) The department may examine the records or activities of a cannabis payment
892     processor at any time in order to determine if the cannabis payment processor is complying
893     with this chapter.

894          (2) If the department determines that a person is acting as a cannabis payment
895     processor without a license issued under this section, the department may:
896          (a) order the person to cease and desist from acting as a cannabis payment processor;
897     and
898          (b) assess the person a fine in an amount determined by the department by rule made in
899     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
900          (3) If the department determines that a person with a cannabis payment processor
901     license issued by the department has violated this chapter, the department may:
902          (a) order the person to cease and desist from the violation;
903          (b) assess the person a fine in an amount determined by the department by rule made in
904     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
905          (c) revoke the person's license.
906          Section 33. Section 7-26-402 is enacted to read:
907          7-26-402. Fees -- Deposit into Medical Cannabis Restricted Account.
908          The department shall deposit fees the department collects under this chapter in the
909     Medical Cannabis Restricted Account.
910          Section 34. Section 26-58-101 is enacted to read:
911     
CHAPTER 58. CANNABIS-BASED MEDICINE ACT

912     
Part 1. General Provisions

913          26-58-101. Title.
914          This chapter is known as "Cannabis-Based Medicine Act."
915          Section 35. Section 26-58-102 is enacted to read:
916          26-58-102. Definitions.
917          As used in this chapter:
918          (1) "Cannabis-based medicine" means the same as that term is defined in Section
919     58-37-3.6.
920          (2) "CBM dispensary" means the same as that term is defined in Section 58-85-102.
921          (3) "Cannabis payment processor" means the same as that term is defined in Section
922     7-26-102.
923          (4) "Designated caregiver" means an individual who a patient with a medical cannabis
924     card designates as the patient's caregiver under Section 26-58-202.

925          (5) "Electronic verification system" means the system described in Section 26-58-104.
926          (6) "Expanded CBM" means the same as that term is defined in Section 58-37-3.6.
927          (7) "Inventory control system" means the system described in Section 4-42-103.
928          (8) "Medical cannabis card" means a card that is issued to an individual by the
929     Department of Health under Section 26-58-201.
930          (9) "Medical Cannabis Restricted Account" means the account created in Section
931     26-58-105.
932          (10) "Physician" means an individual who:
933          (a) is licensed to practice:
934          (i) medicine, under Title 58, Chapter 67, Utah Medical Practice Act; or
935          (ii) osteopathic medicine, under Title 58, Chapter 68, Utah Osteopathic Medical
936     Practice Act; and
937          (b) complies with Section 58-67-807 or 58-68-807.
938          (11) "Qualifying illness" means a condition described in Subsection 58-38a-203.1(1).
939          Section 36. Section 26-58-103 is enacted to read:
940          26-58-103. Local ordinances.
941          This chapter does not prohibit a political subdivision from enacting an ordinance, which
942     restricts the location of, or operating requirements of, a CBM dispensary, that is more
943     restrictive than this chapter.
944          Section 37. Section 26-58-104 is enacted to read:
945          26-58-104. Electronic verification system.
946          (1) The Department of Agriculture and Food, the Department of Health, the
947     Department of Public Safety, and the Division of Occupational and Professional Licensing:
948          (a) shall enter into a memorandum of understanding in order to determine the function
949     and operation of a state electronic verification system;
950          (b) shall direct the Department of Technology Services to work with a third party
951     provider to develop and maintain the electronic verification system; and
952          (c) shall coordinate with the Division of Purchasing under Title 63G, Chapter 6a, Utah
953     Procurement Code, to select a third party provider described in Subsection (1)(b).
954          (2) The electronic verification system described in Subsection (1) shall:
955          (a) allow an individual to:

956          (i) apply, in the presence of a physician, to the Department of Health for a medical
957     cannabis card; and
958          (ii) designate up to two caregivers for the patient;
959          (b) allow a designated caregiver to apply for a medical cannabis card;
960          (c) allow a physician to electronically recommend treatment with cannabis-based
961     medicine to a patient during a visit with the patient;
962          (d) connect an individual's medical cannabis card to a database, and to an inventory
963     control system used by a CBM dispensary, to track, in real time, for the individual's purchase of
964     cannabis-based medicine:
965          (i) the time and date of the purchase;
966          (ii) the quantity and type of cannabis-based medicine purchased; and
967          (iii) a cannabis production establishment or CBM dispensary associated with the
968     cannabis-based medicine;
969          (e) provide access to an entity described in Subsection (1) to the extent necessary for
970     the entity to carry out the functions and responsibilities given to the entity under this chapter;
971          (f) provide access to state or local law enforcement:
972          (i) during a traffic stop; or
973          (ii) after obtaining a warrant;
974          (g) create a record each time the database is accessed that identifies the individual who
975     accessed the database and the individual whose records were accessed have;
976          (h) have the capability of interfacing with a cannabis payment processor to facilitate
977     payment for cannabis-based medicine services; and
978          (i) include an inventory control system for each licensed cannabis production
979     establishment and each licensed CBM dispensary.
980          (3) The Department of Health may release the data collected by the system under
981     Subsection (2) for the purpose of conducting medical research, if the medical research is
982     approved by an institutional review board associated with a university medical school.
983          Section 38. Section 26-58-105 is enacted to read:
984          26-58-105. Medical Cannabis Restricted Account -- Creation.
985          (1) There is created in the General Fund a restricted account known as the "Medical
986     Cannabis Restricted Account."

987          (2) The account created in this section is funded from:
988          (a) money deposited by the State Tax Commission under Title 59, Chapter 28, Medical
989     Cannabis Tax;
990          (b) money deposited into the account by the Department of Agriculture and Food under
991     Section 4-42-801;
992          (c) money deposited into the account by the department under Section 26-58-601;
993          (d) appropriations made to the account by the Legislature; and
994          (e) the interest described in Subsection (3).
995          (3) Interest earned on the account is deposited in the account.
996          (4) The money in the account may only be used to fund, upon appropriation:
997          (a) the cost of state regulation of cannabis-based medicine under:
998          (i) Title 4, Chapter 42, Cannabis Production Establishments; and
999          (ii) Title 7, Chapter 26, Cannabis Payment Processor;
1000          (iii) Title 26, Chapter 58, Medical Cannabis Act;
1001          (iv) Title 58, Chapter 86, CBM Dispensary License; and
1002          (v) Title 59, Chapter 28, Medical Cannabis Tax Act;
1003          (b) the cost to the attorney general for investigation and enforcement related to medical
1004     cannabis; and
1005          (c) cannabis abuse prevention and cannabis education programs developed by the state.
1006          (5) At the end of fiscal year 2018, the director of the Division of Finance shall transfer
1007     into the General Fund from the Medical Cannabis Restricted Account an amount equal to the
1008     General Fund appropriation in fiscal year 2016 and fiscal year 2017 to implement the
1009     provisions of this bill.
1010          Section 39. Section 26-58-201 is enacted to read:
1011     
Part 2. Medical Cannabis Card

1012          26-58-201. Medical cannabis card -- Application -- Renewal.
1013          (1) The department shall, within 45 days after an individual submits an application in
1014     compliance with this section, issue a medical cannabis card, via the electronic verification
1015     system described in Section 26-58-104, to an individual if the individual:
1016          (a) is at least 18 years old;
1017          (b) is a Utah resident;

1018          (c) submits to the department, via the electronic verification system, a recommendation
1019     electronically signed by a physician that indicates that the individual:
1020          (i) (A) suffers from a qualifying illness, including the type of qualifying illness; and
1021          (B) may benefit from treatment with cannabis-based medicine; or
1022          (ii) qualifies for expanded CBM under Section 26-58-205;
1023          (d) pays the department a fee established by the department in accordance with Section
1024     63J-1-504; and
1025          (e) submits an application to the department, using the electronic verification system
1026     that contains:
1027          (i) the individual's name, gender, age, and address; and
1028          (ii) a copy of the individual's photo identification.
1029          (2) An individual who applies for a medical cannabis card under Subsection (1) shall
1030     fill out and submit the application described in Subsection (1):
1031          (a) online, in connection with the electronic verification system; and
1032          (b) with a physician, during an office visit with the physician.
1033          (3) A medical cannabis card that the department issues under Subsection (1) is valid
1034     for one year.
1035          (4) The department may renew an individual's medical cannabis card if, at the time of
1036     renewal, the individual meets the requirements of Subsection (1) or (2).
1037          (5) The department may revoke an individual's medical cannabis card if the individual
1038     violates this chapter.
1039          Section 40. Section 26-58-202 is enacted to read:
1040          26-58-202. Medical cannabis card -- Designated caregiver -- Registration --
1041     Renewal -- Revocation.
1042          (1) An individual who holds a valid medical cannabis card under Section 26-58-201
1043     who a physician determines is unable to obtain cannabis-based medicine from a CBM
1044     dispensary may register with the department, via the electronic verification system, up to two
1045     individuals to serve as designated caregivers of the individual.
1046          (2) An individual registered as a designated caregiver of a designating patient under
1047     this section may:
1048          (a) carry a valid medical cannabis card issued to the individual by the department with

1049     the designating patient's name and the designated caregiver's name; and
1050          (b) purchase and possess cannabis-based medicine, in accordance with this chapter, on
1051     behalf of the designating patient.
1052          (3) An individual may serve as a designated caregiver under Subsection (1) if the
1053     individual:
1054          (a) is at least 18 years old;
1055          (b) is a Utah resident;
1056          (c) submits an application to the department, online via the electronic verification
1057     system, that includes:
1058          (i) the individual's name and address;
1059          (ii) a copy of the individual's photo identification; and
1060          (iii) any other information required by the department by rule made in accordance with
1061     Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1062          (d) pays, to the department, a fee, established by the department in accordance with
1063     Section 63J-1-504, plus the cost of a criminal background check; and
1064          (e) complies with Section 26-58-203.
1065          (4) A medical cannabis card issued to a designated caregiver is valid for one year.
1066          (5) A medical cannabis card is renewable for a designated caregiver, if at the time of
1067     renewal:
1068          (a) the individual described in Subsection (1) renews the designation of the caregiver;
1069     and
1070          (b) the designated caregiver meets the requirements of Subsection (3).
1071          (6) The department shall revoke or refuse to issue the registration of a designated
1072     caregiver if the designated caregiver is convicted of a felony that is:
1073          (a) a crime of violence involving the use of force or violence against another person; or
1074          (b) a felony conviction of a state or federal law pertaining to controlled substances.
1075          Section 41. Section 26-58-203 is enacted to read:
1076          26-58-203. Designated caregiver -- Criminal background check.
1077          (1) An individual registered as a designated caregiver under Section 26-58-202 shall
1078     submit to a criminal background check in accordance with Subsection (2).
1079          (2) An individual registered as a designated caregiver shall:

1080          (a) submit to the department:
1081          (i) a fingerprint card in a form acceptable to the Department of Public Safety; and
1082          (ii) a signed waiver in accordance with Subsection 53-10-108(4) indicating that the
1083     individual's fingerprints are being registered in the Federal Bureau of Investigation's Next
1084     Generation Identification system's Rap Back Service; and
1085          (b) consent to a fingerprint background check by:
1086          (i) the Utah Bureau of Criminal Identification; and
1087          (ii) the Federal Bureau of Investigation.
1088          (3) The Bureau of Criminal Identification shall:
1089          (a) check the fingerprints submitted under Subsection (2) against the applicable state,
1090     regional, and national criminal records databases, including the Federal Bureau of
1091     Investigation's Next Generation Identification system;
1092          (b) report the results of the background check to the department;
1093          (c) maintain a separate file of fingerprints submitted under Subsection (2) for search by
1094     future submissions to the local and regional criminal records databases, including latent prints;
1095          (d) request that the fingerprints be retained in the Federal Bureau of Investigation's
1096     Next Generation Identification system's Rap Back Service for search by future submissions to
1097     national criminal records databases, including the Next Generation Identification system and
1098     latent prints; and
1099          (e) establish a privacy risk mitigation strategy to ensure that the entity only receives
1100     notifications for an individual with whom the entity maintains an authorizing relationship.
1101          (4) The department shall:
1102          (a) assess an individual who submits fingerprints, in accordance with this section, a fee
1103     that the Bureau of Criminal Identification is authorized to collect for the services the Bureau of
1104     Criminal Identification or other authorized agency provides under this section; and
1105          (b) remit a fee collected under Subsection (4)(a) to the Bureau of Criminal
1106     Identification.
1107          Section 42. Section 26-58-204 is enacted to read:
1108          26-58-204. Medical cannabis card -- Patient and designated caregiver
1109     requirements.
1110          (1) An individual with a valid medical cannabis card who possesses cannabis-based

1111     medicine outside of the individual's residence shall:
1112          (a) carry, with the individual at all times, the individual's medical cannabis card;
1113          (b) carry, with the cannabis-based medicine or cannabis-based medicine product, a
1114     label that identifies that the cannabis-based medicine was originally sold from a licensed CBM
1115     dispensary, including the bar code or identification number that links the cannabis-based
1116     medicine to the CBM dispensary's inventory control system; and
1117          (c) possess no more than a 30-day supply of cannabis-based medicine as established by
1118     the recommendation of a physician for the individual's treatment.
1119          (2) An individual who has a valid medical cannabis card may only purchase
1120     cannabis-based medicine via a cannabis payment processor licensed under Section 7-26-201.
1121          (3) An individual who has a valid medical cannabis card is guilty of an infraction if the
1122     individual:
1123          (a) possesses cannabis-based medicine; and
1124          (b) (i) does not posses the individual's medical cannabis card on the individual's
1125     person; or
1126          (ii) does not possess a label that complies with Subsection (1)(b).
1127          (4) An individual who is guilty of an infraction under Subsection (3) is subject to a
1128     $100 fine.
1129          Section 43. Section 26-58-205 is enacted to read:
1130          26-58-205. Expanded CBM access -- Physician training --- Cannabis-based
1131     medicine specialist.
1132          (1) As used in this section:
1133          (a) "Cannabis-based medicine specialist" means a physician with a cannabis-based
1134     medicine specialist certification issued by the division under Subsection (7).
1135          (b) "Division" means the Division of Occupational and Professional Licensing within
1136     the Department of Commerce.
1137          (c) "Group 1 physician" means a physician who may recommend expanded CBM to a
1138     patient under Subsection (4).
1139          (d) "Group 2 physician" means a physician who may recommend expanded CBM to a
1140     patient under Subsection (5).
1141          (2) An individual with a medical cannabis card may not purchase expanded CBM at a

1142     CBM dispensary unless the individual's physician recommends expanded CBM to the
1143     individual in compliance with this section.
1144          (3) A physician may not recommend expanded CBM to an individual except in
1145     compliance with this section.
1146          (4) In addition to the requirements of this chapter, a physician with a group 1
1147     certification from the division may recommend expanded CBM to a patient if:
1148          (a) (i) the physician is board certified in hematology or oncology; and
1149          (ii) the patient is being actively treated for a diagnosed malignancy or is being provided
1150     palliative care for an incurable malignancy;
1151          (b) (i) the physician is a hospice director who, after a face-to-face evaluation with the
1152     patient, determines that the patient has six months or less to live; and
1153          (ii) the patient is being actively treated by a licensed hospice care provider;
1154          (c) (i) the physician is an infectious disease specialist; and
1155          (ii) the patient is diagnosed with HIV- or AIDS-associated anorexia and wasting
1156     syndrome; or
1157          (d) (i) the physician is a state-certified cannabis-based medicine specialist who is
1158     board-certified in pain management, internal medicine, or pediatrics; and
1159          (ii) the patient is has an incurable, catastrophic, or rare condition.
1160          (5) In addition to the requirements of this chapter, a physician with a group 2
1161     certification from the division may recommend expanded CBM to a patient if:
1162          (a) (i) the physician is board certified in neurology; and
1163          (ii) the patient is diagnosed with multiple sclerosis, epilepsy, ALS, or peripheral
1164     neuropathy;
1165          (b) (i) the physician is board certified in infectious disease; and
1166          (ii) the patient is diagnosed with HIV- or AIDS-peripheral neuropathy;
1167          (c) (i) the physician is a board certified pain specialist; and
1168          (ii) the patient is diagnosed with chronic pain, failed back syndrome, or neuropathic
1169     pain; or
1170          (d) (i) the physician is board certified in gastroenterology; and
1171          (ii) the patient is diagnosed with intractable nausea.
1172          (6) The division shall issue, to a physician who completes training in cannabis-based

1173     medicine developed by the division in coordination with the department and required by the
1174     division by rule made in accordance with Title 63G Chapter 3, Utah Administrative
1175     Rulemaking Act:
1176          (a) a group 1 certification; or
1177          (b) a group 2 certification.
1178          (7) (a) The division shall issue a cannabis-based medicine specialist certification to a
1179     physician who completes training in cannabis-based medicine developed by the division in
1180     coordination with the department and required by the division by rule made in accordance with
1181     Title 63G Chapter 3, Utah Administrative Rulemaking Act; and
1182          (b) The division shall issue a cannabis-based medicine specialist certification to no
1183     more than the greater of:
1184          (i) one physician per 200,000 people in the state; or
1185          (ii) two physicians in each health district as determined by the division.
1186          (8) A group 1 physician may recommend expanded CBM to a patient if the patient:
1187          (a) was referred to the group 1 physician by the patient's primary care physician; and
1188          (b) has a condition the treatment of which the group 1 physician specializes in.
1189          (9) A group 1 physician may recommend that a patient use expanded CBM with a
1190     vaporizer.
1191          (10) A cannabis-based medicine specialist may recommend expanded CBM to, and the
1192     department may issue a medical cannabis card to, a patient who is less than 18 years old if:
1193          (a) the cannabis-based medicine specialist is board certified in pediatrics; and
1194          (b) the patient has an incurable, catastrophic, or rare condition.
1195          (11) A group 2 physician may recommend expanded CBM to a patient if:
1196          (a) the patient was referred to the group 2 physician by the patient's primary care
1197     physician; and
1198          (b) the group 2 physician recommends expanded CBM that is at least 50% cannabidiol
1199     by weight.
1200          (12) If a physician recommends treatment with expanded CBM to a patient under this
1201     section:
1202          (a) the physician shall submit the recommendation to the department via the electronic
1203     verification system; and

1204          (b) the department shall:
1205          (i) designate, via the electronic verification system, that the patient is eligible to
1206     purchase expanded CBM; and
1207          (ii) issue the patient a unique type of medical cannabis card that:
1208          (A) indicates that the patient is eligible to purchase expanded CBM; and
1209          (B) is physically distinguishable from a medical cannabis card used by a patient who is
1210     not eligible for expanded CBM.
1211          Section 44. Section 26-58-206 is enacted to read:
1212          26-58-206. Insurance coverage.
1213          An insurance carrier, third-party administrator, or employer is not required to provide
1214     reimbursement for treatment of an individual with cannabis-based medicine under this chapter.
1215          Section 45. Section 26-58-207 is enacted to read:
1216          26-58-207. Report to the Legislature.
1217          The department shall, before November 1 each year, report to the Health and Human
1218     Services Interim Committee on the department's administration and enforcement of this
1219     chapter.
1220          Section 46. Section 26-58-301 is enacted to read:
1221     
Part 3. Medical Cannabis-Based Medicine Research License

1222          26-58-301. Medical cannabis-based medicine research license.
1223          (1) The department may issue a license to a higher education institution to conduct
1224     medical research on cannabis-based medicine if the higher education institution submits to the
1225     department:
1226          (a) the higher education institution's research plan; and
1227          (b) the name of an employee of the higher education institution who will supervise the
1228     medical cannabis-based medicine research.
1229          (2) Notwithstanding the provisions of Title 58, Chapter 37, Utah Controlled
1230     Substances Act, a higher education institution to which the department issues a medical
1231     cannabis-based medicine research license under this chapter may:
1232          (a) purchase cannabis-based medicine from a person licensed under Title 58, Chapter
1233     86, CBM Dispensary License;
1234          (b) possess cannabis-based medicine; or

1235          (c) provide cannabis-based medicine to a patient as part of a medical research study
1236     approved by the department.
1237          (3) The department shall establish rules made in accordance with Title 63G, Chapter 3,
1238     Utah Administrative Rulemaking Act, that provide:
1239          (a) eligibility criteria for a medical cannabis-based medicine research license; and
1240          (b) standards for an acceptable medical research study under Subsection (1)(a).
1240a     Ĥ→ Section 47. Section 26-58-208 is enacted to read:
1240b          26-58-208. Institutional review board -- Approved study of cannabis or cannabis-based
1240c     medicine.
1240d     (1)     As used in this section:
1240e          (a)     "Institutional review board" or "IRB" means an institutional review board that
1240f     is approved for human subject research by the United States Department of Health and
1240g     Human Services.
1240h          (b)     "Approved study" means a medical research study:
1240i          (i)     the purpose of which is investigating the medical benefits of cannabis-based
1240j     medicine; and
1240k          (ii)     that is approved by an IRB.
1240l     (2)     A person conducting an approved study, may, for the purposes of the study:
1240m          (a)     purchase cannabis from a licensed cannabis cultivation facility in the state;
1240n          (b)     purchase cannabis-based medicine from a licensed CBM dispensary in the state;
1240o     and
1240p          (c)     administer a product containing cannabis or cannabis-based medicine to an
1240q     individual in accordance with the approved study.
1240r     (3)     A person conducting an approved study may import cannabis or cannabis-based
1240s     medicine from another state if:
1240t          (a)     the importation complies with federal law; and      (b)     the person uses the
1240u     cannabis or cannabis-based medicine in accordance with the approved study.
1240v     (4)     A person conducting an approved study may distribute cannabis or cannabis-based
1240w     medicine that the person obtained from a licensed cannabis cultivation facility in the state or
1240x     licensed CBM dispensary in the state if:
1240y          (a)     the distribution complies with federal law; and
1240z          (b)     the distribution is for the purposes of, and in accordance with, the approved
1240aa     study.
1240ab     (5)     The department shall issue an authorization to a person conducting an approved
1240ac     study☆
1240ad     ☆to allow the person to purchase cannabis from a licensed cannabis cultivation facility in the
1240ae     state or cannabis-based medicine from a licensed CBM dispensary in the state. ←Ĥ
1241          Section 47. Section 26-58-401 is enacted to read:
1242          26-58-401. Fees -- Deposit into Medical Cannabis Restricted Account.
1243          The department shall deposit fees the department collects under this chapter in the
1244     Medical Cannabis Restricted Account.
1245          Section 48. Section 41-6a-517 is amended to read:
1246          41-6a-517. Definitions -- Driving with any measurable controlled substance in the
1247     body -- Penalties -- Arrest without warrant.
1248          (1) As used in this section:
1249          (a) "Controlled substance" has the same meaning as in Section 58-37-2.
1250          (b) "Practitioner" has the same meaning as in Section 58-37-2.
1251          (c) "Prescribe" has the same meaning as in Section 58-37-2.
1252          (d) "Prescription" has the same meaning as in Section 58-37-2.
1253          (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
1254     operate or be in actual physical control of a motor vehicle within this state if the person has any
1255     measurable controlled substance or metabolite of a controlled substance in the person's body.
1256          (3) It is an affirmative defense to prosecution under this section that the controlled
1257     substance was:
1258          (a) involuntarily ingested by the accused;
1259          (b) prescribed by a practitioner for use by the accused; [or]
1260          (c) cannabis-based medicine recommended by a physician and the person holds a valid
1261     medical cannabis card under Title 26, Chapter 58, Cannabis-Based Medicine Act; or
1262          [(c)] (d) otherwise legally ingested.
1263          (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
1264     misdemeanor.
1265          (b) A person who violates this section is subject to conviction and sentencing under

1266     both this section and any applicable offense under Section 58-37-8.
1267          (5) A peace officer may, without a warrant, arrest a person for a violation of this
1268     section when the officer has probable cause to believe the violation has occurred, although not
1269     in the officer's presence, and if the officer has probable cause to believe that the violation was
1270     committed by the person.
1271          (6) The Driver License Division shall, if the person is 21 years of age or older on the
1272     date of arrest:
1273          (a) suspend, for a period of 120 days, the driver license of a person convicted under
1274     Subsection (2) of an offense committed on or after July 1, 2009; or
1275          (b) revoke, for a period of two years, the driver license of a person if:
1276          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
1277          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
1278     and within a period of 10 years after the date of the prior violation.
1279          (7) The Driver License Division shall, if the person is 19 years of age or older but
1280     under 21 years of age on the date of arrest:
1281          (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
1282     longer, the driver license of a person convicted under Subsection (2) of an offense committed
1283     on or after July 1, 2011; or
1284          (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
1285     longer, the driver license of a person if:
1286          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
1287          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
1288     and within a period of 10 years after the date of the prior violation.
1289          (8) The Driver License Division shall, if the person is under 19 years of age on the date
1290     of arrest:
1291          (a) suspend, until the person is 21 years of age, the driver license of a person convicted
1292     under Subsection (2) of an offense committed on or after July 1, 2009; or
1293          (b) revoke, until the person is 21 years of age, the driver license of a person if:
1294          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
1295          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
1296     and within a period of 10 years after the date of the prior violation.

1297          (9) The Driver License Division shall subtract from any suspension or revocation
1298     period the number of days for which a license was previously suspended under Section
1299     53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
1300     which the record of conviction is based.
1301          (10) The Driver License Division shall:
1302          (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
1303     effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
1304     committed prior to July 1, 2009; or
1305          (b) deny, suspend, or revoke the operator's license of a person for the denial,
1306     suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
1307          (i) the person was 20 years of age or older but under 21 years of age at the time of
1308     arrest; and
1309          (ii) the conviction under Subsection (2) is for an offense that was committed on or after
1310     July 1, 2009, and prior to July 1, 2011.
1311          (11) A court that reported a conviction of a violation of this section for a violation that
1312     occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
1313     period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
1314     if the person:
1315          (a) completes at least six months of the license suspension;
1316          (b) completes a screening;
1317          (c) completes an assessment, if it is found appropriate by a screening under Subsection
1318     (11)(b);
1319          (d) completes substance abuse treatment if it is found appropriate by the assessment
1320     under Subsection (11)(c);
1321          (e) completes an educational series if substance abuse treatment is not required by the
1322     assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
1323          (f) has not been convicted of a violation of any motor vehicle law in which the person
1324     was involved as the operator of the vehicle during the suspension period imposed under
1325     Subsection (7)(a) or (8)(a);
1326          (g) has complied with all the terms of the person's probation or all orders of the court if
1327     not ordered to probation; and

1328          (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
1329     person has not consumed a controlled substance not prescribed by a practitioner for use by the
1330     person or unlawfully consumed alcohol during the suspension period imposed under
1331     Subsection (7)(a) or (8)(a); or
1332          (ii) is under 18 years of age and has the person's parent or legal guardian provide an
1333     affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
1334     knowledge the person has not consumed a controlled substance not prescribed by a practitioner
1335     for use by the person or unlawfully consumed alcohol during the suspension period imposed
1336     under Subsection (7)(a) or (8)(a).
1337          (12) If the court shortens a person's license suspension period in accordance with the
1338     requirements of Subsection (11), the court shall forward the order shortening the person's
1339     license suspension period prior to the completion of the suspension period imposed under
1340     Subsection (7)(a) or (8)(a) to the Driver License Division.
1341          (13) (a) The court shall notify the Driver License Division if a person fails to:
1342          (i) complete all court ordered screening and assessment, educational series, and
1343     substance abuse treatment; or
1344          (ii) pay all fines and fees, including fees for restitution and treatment costs.
1345          (b) Upon receiving the notification, the division shall suspend the person's driving
1346     privilege in accordance with Subsections 53-3-221(2) and (3).
1347          (14) The court shall order supervised probation in accordance with Section 41-6a-507
1348     for a person convicted under Subsection (2).
1349          Section 49. Section 53-1-106.5 is enacted to read:
1350          53-1-106.5. Cannabis-Based Medicine Act -- Department duties.
1351          In addition to the duties described in Section 53-1-106, the department shall provide
1352     standards for the training of peace officers and law enforcement agencies in the use of the
1353     electronic verification system as defined in Section 26-58-102.
1354          Section 50. Section 58-37-3.6 is enacted to read:
1355          58-37-3.6. Exemption for possession or use of cannabis-based medicine.
1356          (1) As used in this section:
1357          (a) "Cannabis-based medicine" means low-THC CBM or expanded CBM.
1358          (b) "Expanded CBM" means a product intended for human ingestion that

1359          (i) contains an extract or concentrate that is obtained from cannabis; and
1360          (ii) is prepared in a medicinal dosage form as required by Section 4-42-602.
1361          (c) "Low-THC cannabis-based medicine" or "Low-THC CBM" means a product
1362     intended for human ingestion that:
1363          (i) contains an extract or concentrate that:
1364          (A) is obtained from cannabis; and
1365          (B) contains at least 10 grams of cannabidiol per one gram of tetrahydrocannabinol.
1366          (ii) is composed of less than 5% tetrahydrocannabinol by weight;
1367          (iii) is composed of at least 5% of cannabidiol by weight; and
1368          (iv) is prepared in a medicinal dosage form as required by Section 4-42-602.
1369          (d) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
1370          (e) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
1371          (f) "Tetrahydrocannabinol" means a substance derived from cannabis-based medicine
1372     that meets the description in Subsection 58-37-4(2)(a)(iii)(AA).
1373          (2) Notwithstanding any other provision of this chapter:
1374          (a) an individual who grows, possesses, sells, or offers to sell cannabis is not subject to
1375     the penalties described in this title for the growth, possession, sale, or offer for sale of
1376     marijuana or tetrahydrocannabinol to the extent that the individual's growth, possession, sale,
1377     or offer for sale of cannabis complies with:
1378          (i) Title 4, Chapter 42, Cannabis Production Establishment License;
1379          (ii) Title 26, Chapter 58, Cannabis-Based Medicine Act; and
1380          (iii) Title 58, Chapter 86, CBM Dispensary License;
1381          (b) an individual who grows, possesses, sells, or offers to sell cannabis-based medicine
1382     is not subject to the penalties described in this title for the growth, possession, sale, or offer for
1383     sale of marijuana or tetrahydrocannabinol to the extent that the individual's growth, possession,
1384     sale, or offer for sale of cannabis-based medicine complies with:
1385          (i) Title 4, Chapter 42, Cannabis Production Establishment License;
1386          (ii) Title 26, Chapter 58, Cannabis-Based Medicine Act; and
1387          (iii) Title 58, Chapter 86, CBM Dispensary License; and
1388          (c) an individual who possesses, sells, or offers to sell cannabis-based medicine is not
1389     subject to the penalties described in this title for the possession, sale, or offer for sale of

1390     marijuana or tetrahydrocannabinol drug paraphernalia to the extent that the individual's growth,
1391     possession, sale, or offer for sale of cannabis-based medicine complies with:
1392          (i) Title 4, Chapter 42, Cannabis Production Establishment License;
1393          (ii) Title 26, Chapter 58, Cannabis-Based Medicine Act; and
1394          (iii) Title 58, Chapter 86, CBM Dispensary License.
1395          Section 51. Section 58-37f-204 is enacted to read:
1396          58-37f-204. Controlled substance database and cannabis-based medicine.
1397          (1) (a) The division shall establish a process for a CBM dispensary agent to submit, at
1398     a specified time during each 24-hour period, the information required by this section.
1399          (b) A CBM dispensary shall comply with the process established by the division under
1400     Subsection (1)(a).
1401          (2) A CBM dispensary shall, each time the CBM dispensary dispenses cannabis-based
1402     medicine to an individual with a medical cannabis card, submit to the division the following
1403     information:
1404          (a) the name of the physician who recommended the cannabis-based medicine and the
1405     unique number identifying the recommendation;
1406          (b) the date of the recommendation;
1407          (c) the date the cannabis-based medicine was dispensed;
1408          (d) the name of the individual with the medical cannabis card;
1409          (e) positive identification of the individual who receives the cannabis-based medicine,
1410     including the type of identification and any identifying numbers on the identification;
1411          (f) the amount of cannabis-based medicine dispensed;
1412          (g) the dosage, quantity, and frequency recommended by the physician;
1413          (h) the name of the CBM dispensary dispensing the cannabis-based medicine product;
1414          (i) the name of the CBM dispensary agent who dispensed the cannabis-based medicine
1415     product; and
1416          (j) any other information required by the division under Subsection (8).
1417          (3) If an individual's medical cannabis-based medicine record is in the controlled
1418     substance database:
1419          (a) the individual may obtain the record by requesting the record from the division in
1420     writing; and

1421          (b) the individual may request, in writing, with the individual's postal address included,
1422     that the division correct any incorrect information about the individual contained in the
1423     database.
1424          (4) For a request described in Subsection (3), the division shall:
1425          (a) grant or deny the request no later than 30 days after the day on which the division
1426     receives the request; and
1427          (b) notify the individual who submitted the request of the division's decision by mail
1428     postmarked no later than 35 days after the day on which the division received the request.
1429          (5) If the division denies a request described in Subsection (3), or does not respond to
1430     the request within the time period described in Subsection (4), the individual who submitted
1431     the request may, no later than 60 days after the day on which the individual's initial request is
1432     postmarked, submit an appeal to the Department of Commerce.
1433          (6) The division shall ensure that the database system records and maintains for
1434     reference:
1435          (a) the identity of and a form of identification for each individual who requests
1436     information from the database;
1437          (b) the information accessed by the individual described in Subsection (6)(a); and
1438          (c) the date and time the individual described in Subsection (6)(a) made the request.
1439          (7) A CBM dispensary agent may access the controlled substance database in the same
1440     manner and for the same purpose as a pharmacist may access the database under Subsection
1441     58-37f-301(2)(i).
1442          (8) The division shall establish, by rule made in accordance with Title 63G, Chapter 3,
1443     Utah Administrative Rulemaking Act:
1444          (a) requirements for the form and manner of submission of information submitted to
1445     the database under this section; and
1446          (b) for the purpose of collecting health data on medical cannabis-based medicine,
1447     additional information that a CBM dispensary is required to submit to the controlled substance
1448     database.
1449          Section 52. Section 58-38a-201 is amended to read:
1450          58-38a-201. Controlled Substances Advisory Committee.
1451          There is created within the Division of Occupational and Professional Licensing the

1452     Controlled Substances Advisory Committee. The committee consists of:
1453          (1) the director of the Department of Health or the director's designee;
1454          (2) the State Medical Examiner or the examiner's designee;
1455          (3) the commissioner of the Department of Public Safety or the commissioner's
1456     designee;
1457          (4) one physician who is a member of the Physicians Licensing Board and is
1458     designated by that board;
1459          (5) one pharmacist who is a member of the Utah State Board of Pharmacy and is
1460     designated by that board;
1461          [(6) one dentist who is a member of the Dentist and Dental Hygienist Licensing Board
1462     and is designated by that board;]
1463          [(7) one physician who is currently licensed and practicing in the state, to be appointed
1464     by the governor;]
1465          [(8)] (6) one psychiatrist who is currently licensed and practicing in the state, to be
1466     appointed by the governor;
1467          [(9)] (7) one individual with expertise in substance abuse addiction, to be appointed by
1468     the governor;
1469          [(10)] (8) one representative from the Statewide Association of Prosecutors, to be
1470     designated by that association;
1471          [(11) one naturopathic physician who is currently licensed and practicing in the state,
1472     to be appointed by the governor;]
1473          [(12)] (9) one advanced practice registered nurse who is currently licensed and
1474     practicing in this state, to be appointed by the governor; [and]
1475          (10) two medical research professionals with expertise in controlled substances,
1476     including one medical research professional who is affiliated with a research-based higher
1477     education institution;
1478          (11) one representative of the Utah Chiefs of Police Association; and
1479          [(13)] (12) one member of the public, to be appointed by the governor.
1480          Section 53. Section 58-38a-203 is amended to read:
1481          58-38a-203. Duties of the committee.
1482          (1) The committee serves as a consultative and advisory body to the Legislature

1483     regarding:
1484          (a) the movement of a controlled substance from one schedule or list to another;
1485          (b) the removal of a controlled substance from any schedule or list; [and]
1486          (c) the designation of a substance as a controlled substance and the placement of the
1487     substance in a designated schedule or list[.]; and
1488          (d) the designation of a medical condition as a qualified illness for treatment using
1489     cannabis-based medicine as described in Subsection 58-38a-203.1(1).
1490          (2) On or before September 30 of each year, the committee shall submit to the Health
1491     and Human Services Interim Committee a written report:
1492          (a) describing any substances recommended by the committee for scheduling,
1493     rescheduling, listing, or deletion from the schedules or list by the Legislature; [and]
1494          (b) containing the report described in Subsection 58-38a-203.1(1); and
1495          [(b)] (c) stating the reasons for the recommendation.
1496          (3) In advising the Legislature regarding the need to add, delete, relist, or reschedule a
1497     substance, the committee shall consider:
1498          (a) the actual or probable abuse of the substance, including:
1499          (i) the history and current pattern of abuse both in Utah and in other states;
1500          (ii) the scope, duration, and significance of abuse;
1501          (iii) the degree of actual or probable detriment to public health which may result from
1502     abuse of the substance; and
1503          (iv) the probable physical and social impact of widespread abuse of the substance;
1504          (b) the biomedical hazard of the substance, including:
1505          (i) its pharmacology, including the effects and modifiers of the effects of the substance;
1506          (ii) its toxicology, acute and chronic toxicity, interaction with other substances,
1507     whether controlled or not, and the degree to which it may cause psychological or physiological
1508     dependence; and
1509          (iii) the risk to public health and the particular susceptibility of segments of the
1510     population;
1511          (c) whether the substance is an immediate precursor, as defined in Section 58-37-2, of
1512     a substance that is currently a controlled substance;
1513          (d) the current state of scientific knowledge regarding the substance, including whether

1514     there is any acceptable means to safely use the substance under medical supervision;
1515          (e) the relationship between the use of the substance and criminal activity, including
1516     whether:
1517          (i) persons engaged in illicit trafficking of the substance are also engaged in other
1518     criminal activity;
1519          (ii) the nature and relative profitability of manufacturing or delivering the substance
1520     encourages illicit trafficking in the substance;
1521          (iii) the commission of other crimes is one of the recognized effects of abuse of the
1522     substance; and
1523          (iv) addiction to the substance relates to the commission of crimes to facilitate the
1524     continued use of the substance;
1525          (f) whether the substance has been scheduled by other states; and
1526          (g) whether the substance has any accepted medical use in treatment in the United
1527     States.
1528          (4) The committee's duties under this chapter do not include tobacco products as
1529     defined in Section 59-14-102 or alcoholic beverages as defined in Section 32B-1-102.
1530          Section 54. Section 58-38a-203.1 is enacted to read:
1531          58-38a-203.1. Qualifying illness for treatment using medical cannabis-based
1532     medicine -- Committee duties -- Recommendation to Legislature.
1533          (1) For the purposes of Title 26, Chapter 58, Medical Cannabidiol Act, the following
1534     conditions are considered a qualifying illness:
1535          (a) epilepsy or a similar condition that causes debilitating seizures;
1536          (b) Crohn's disease or a similar gastrointestinal disorder;
1537          (c) HIV, acquired immune deficiency syndrome or an autoimmune disorder;
1538          (d) multiple sclerosis or a similar condition that causes persistent and debilitating
1539     muscle spasms;
1540          (e) nausea and vomiting during chemotherapy;
1541          (f) muscle spacticity or a movement disorder;
1542          (g) pain conditions as follows:
1543          (i) complex regional pain syndrome;
1544          (ii) peripheral neuropathy caused by diabetes;

1545          (iii) post herpetic neuralgia;
1546          (iv) pain related to HIV;
1547          (v) pain related to cancer;
1548          (vi) pain occurring after and related to a stroke; and
1549          (vii) phantom limb pain; and
1550          (h) post-traumatic stress disorder related to military service.
1551          (2) On or before September 30 of each year, the committee shall:
1552          (a) review the list of conditions described in Subsection (1) to determine if, based on
1553     available medically relevant information, it is medically appropriate to add or remove a
1554     condition from the list; and
1555          (b) present the committee's recommendation to the Health and Human Services Interim
1556     Committee.
1557          Section 55. Section 58-67-807 is enacted to read:
1558          58-67-807. Recommendation of cannabis-based medicine -- Registration with
1559     division and Department of Health.
1560          (1) A physician may recommend the use of cannabis-based medicine to a patient in
1561     accordance with Title 26, Chapter 58, Cannabis-Based Medicine Act, if the physician:
1562          (a) registers with the division and the Department of Health as a physician who
1563     recommends cannabis-based medicine;
1564          (b) completes the training required under Subsection (3); and
1565          (c) complies with Section 26-58-205.
1566          (2) A physician who recommends cannabis-based medicine shall:
1567          (a) recommend cannabis-based medicine to no more than an amount of patients
1568     determined by the Department of Health by rule made in accordance with Title 63G, Chapter 3,
1569     Utah Administrative Rulemaking Act;
1570          (b) consult the controlled substance database before recommending cannabis-based
1571     medicine to a patient to determine if the patient is abusing cannabis-based medicine;
1572          (c) report an adverse event experienced by a patient related to the patient's medical
1573     cannabis-based medicine use to the Department of Health; and
1574          (d) report other data on cannabis-based medicine required by Title 26, Chapter 58,
1575     Cannabis-Based Medicine Act.

1576          (3) (a) The division shall establish by rule made in accordance with Title 63G, Chapter
1577     3, Utah Administrative Rulemaking Act, training requirements for a physician that
1578     recommends cannabis-based medicine.
1579          (b) The division shall include, in the training requirements the division establishes
1580     under Subsection (3)(a), training on using caution when recommending cannabis-based
1581     medicine to avoid patient cannabis-based medicine abuse.
1582          (4) It is not a breach of the applicable standard of care for a physician to recommend
1583     treatment with cannabis-based medicine to an individual under this section and Title 26,
1584     Chapter 58, Cannabis-Based Medicine Act.
1585          (5) A physician who recommends treatment with cannabis-based medicine or a
1586     cannabis-based medicine product to an individual under this section and Title 26, Chapter 58,
1587     Cannabis-Based Medicine Act, may not, solely based on that recommendation, be subject to:
1588          (a) civil liability;
1589          (b) criminal liability; or
1590          (c) licensure sanctions under this chapter.
1591          Section 56. Section 58-68-807 is enacted to read:
1592          58-68-807. Recommendation of cannabis-based medicine -- Registration with
1593     division and Department of Health.
1594          (1) A physician may recommend the use of cannabis-based medicine to a patient in
1595     accordance with Title 26, Chapter 58, Cannabis-Based Medicine Act, if the physician:
1596          (a) registers with the division and the Department of Health as a physician who
1597     recommends cannabis-based medicine;
1598          (b) completes the training required under Subsection (3); and
1599          (c) complies with Section 26-58-205.
1600          (2) A physician who recommends cannabis-based medicine shall:
1601          (a) recommend cannabis-based medicine to no more than an amount of patients
1602     determined by the Department of Health by rule made in accordance with Title 63G, Chapter 3,
1603     Utah Administrative Rulemaking Act;
1604          (b) consult the controlled substance database before recommending cannabis-based
1605     medicine to a patient to determine if the patient is abusing cannabis-based medicine;
1606          (c) report an adverse event experienced by a patient related to the patient's medical

1607     cannabis-based medicine use to the Department of Health; and
1608          (d) report other data on cannabis-based medicine required by Title 26, Chapter 58,
1609     Cannabis-Based Medicine Act.
1610          (3) (a) The division shall establish by rule made in accordance with Title 63G, Chapter
1611     3, Utah Administrative Rulemaking Act, training requirements for a physician that
1612     recommends cannabis-based medicine.
1613          (b) The division shall include, in the training requirements the division establishes
1614     under Subsection (3)(a), training on using caution when recommending cannabis-based
1615     medicine to avoid patient cannabis-based medicine abuse.
1616          (4) It is not a breach of the applicable standard of care for a physician to recommend
1617     treatment with cannabis-based medicine to an individual under this section and Title 26,
1618     Chapter 58, Cannabis-Based Medicine Act.
1619          (5) A physician who recommends treatment with cannabis-based medicine or a
1620     cannabis-based medicine product to an individual under this section and Title 26, Chapter 58,
1621     Cannabis-Based Medicine Act, may not, solely based on that recommendation, be subject to:
1622          (a) civil liability;
1623          (b) criminal liability; or
1624          (c) licensure sanctions under this chapter.
1625          Section 57. Section 58-86-101 is enacted to read:
1626     
CHAPTER 86. CBM DISPENSARY LICENSE

1627     
Part 1. General Provisions

1628          58-86-101. Title.
1629          This chapter is known as "CBM Dispensary License."
1630          Section 58. Section 58-86-102 is enacted to read:
1631          58-86-102. Definitions.
1632          As used in this chapter:
1633          (1) "Cannabis-based medicine" means the same as that term is defined in Section
1634     58-37-3.6.
1635          (2) "Cannabis cultivation facility" means the same as that term is defined in Section
1636     4-42-102.
1637          (3) "CBM dispensary" means a person that:

1638          (a) sells cannabis-based medicine; or
1639          (b) purchases or possesses cannabis-based medicine with the intent to sell
1640     cannabis-based medicine.
1641          (4) "CBM dispensary agent" means an owner, officer, director, board member,
1642     shareholder, agent, employee or volunteer of a CBM dispensary.
1643          (5) "CBM dispensary agent registration card" means a registration card, issued by the
1644     division under Section 58-85-301, that authorizes an individual to be a CBM dispensary agent.
1645          (6) "cannabis payment processor" means the same as that term is defined in Section
1646     7-26-201.
1647          (7) "Cannabis production establishment" means the same as that term is defined in
1648     Section 4-42-102.
1649          (8) "Cannabis production establishment agent" means the same as that term is defined
1650     in Section 4-42-102.
1651          (9) "Cannabis production establishment agent registration card" means the same as that
1652     term is defined in Section 4-42-102.
1653          (10) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
1654          (11) "Designated caregiver" means the same as that term is defined in Section
1655     26-58-102.
1656          (12) "Electronic verification system" means the system described in Section 26-58-104.
1657          (13) "Independent cannabis testing laboratory" means the same as that term is defined
1658     in Section 4-42-102.
1659          (14) "Inventory control system" means the system described in Section 4-42-103.
1660          (15) "Medical cannabis card" means the same as that term is defined in Section
1661     26-58-102.
1662          (16) "Physician" means the same as that term is defined in Section 26-58-102.
1663          Section 59. Section 58-86-201 is enacted to read:
1664     
Part 2. License and Eligibility

1665          58-86-201. CBM dispensary -- License -- Eligibility.
1666          (1) A person may not operate as a CBM dispensary without a license from the division
1667     issued under this part.
1668          (2) Subject to the requirements of this part, the division shall, within 30 business days

1669     after receiving a complete application, issue a license to operate a CBM dispensary to a person
1670     who submits to the division:
1671          (a) a proposed name, address, and physical location where the person will operate the
1672     CBM dispensary;
1673          (b) a bond, as required by Section 58-86-205, for each license for which the person
1674     applies;
1675          (c) evidence that the person:
1676          (i) can comply with the operating requirements for a CBM dispensary described in this
1677     chapter;
1678          (ii) will implement an inventory control system at the CBM dispensary; and
1679          (iii) can obtain a business license and meet zoning requirements established by a
1680     political subdivision;
1681          (c) an application fee, in an amount determined by the division in accordance with
1682     Section 63J-1-504, that is necessary to cover the division's cost to implement this part; and
1683          (d) an operating plan that complies with Section 58-86-203.
1684          (3) If the division determines that a CBM dispensary is eligible for a license under this
1685     section, the division shall charge the CBM dispensary an initial license fee in an amount
1686     determined by the division in accordance with Section 63J-1-504.
1687          (4) The division may revoke a license under this chapter if the CBM dispensary is not
1688     operational within one year of the issuance of the initial license.
1689          Section 60. Section 58-86-202 is enacted to read:
1690          58-86-202. Renewal.
1691          (1) Except as provided in Subsection (2), the division shall renew a person's license
1692     under this part every two years if, at the time of renewal:
1693          (a) the person meets the requirements of Section 58-86-201; and
1694          (b) the person pays the division a license renewal fee in an amount determined by the
1695     division in accordance with Section 63J-1-504.
1696          (2) (a) The division may not renew a CBM dispensary's license for a sixth consecutive
1697     time unless the division publishes a notice, in a newspaper of general circulation for the
1698     geographic area in which the CBM dispensary is located, one year before the day on which the
1699     CBM dispensary's license expires, that includes:

1700          (i) the name and location of the CBM dispensary;
1701          (ii) the day on which the license for the CBM dispensary will expire; and
1702          (iii) a solicitation for CBM dispensary license applicants.
1703          (b) If, after the division publishes the notice described in Subsection (2)(a), the division
1704     receives an application for a CBM dispensary from a new applicant and also receives an
1705     application for renewal from the existing CBM dispensary, the division shall issue the license
1706     to the applicant that the division determines best meets the criteria established in Section
1707     58-86-204.
1708          (3) (a) If a licensed CBM dispensary abandons the CBM dispensary's license, the
1709     division shall publish notice of an available license in the same manner as described in
1710     Subsection (2)(a).
1711          (b) The division may establish criteria, in accordance with Title 63G, Chapter 3, Utah
1712     Administrative Rulemaking Act, for what actions by a CBM dispensary constitute
1713     abandonment of a CBM dispensary license.
1714          Section 61. Section 58-86-203 is enacted to read:
1715          58-86-203. Operating plan.
1716          (1) A person applying for a CBM dispensary license shall submit to the division a
1717     proposed operating plan for the CBM dispensary.
1718          (2) The operating plan described in Subsection (1) shall include:
1719          (a) a description of the CBM dispensary's employee training standards;
1720          (b) a security plan for the CBM dispensary;
1721          (c) a plan to process payments through a cannabis payment processor licensed under
1722     Section 7-26-201.
1723          (d) the time period in which the person estimates the CBM dispensary will become
1724     operational; and
1725          (e) the products, and anticipated sources of the products, that a CBM dispensary plans
1726     to sell.
1727          Section 62. Section 58-86-204 is enacted to read:
1728          58-86-204. Maximum number of licenses.
1729          (1) The division may not issue more than five CBM dispensary licenses at any given
1730     time.

1731          (2) If more than one applicant for a license meets the qualifications of this chapter for a
1732     CBM dispensary, the division shall evaluate the applicants to determine which applicant has
1733     best demonstrated:
1734          (a) experience with:
1735          (i) establishing and running a business in a related field;
1736          (ii) operating a secure inventory control system;
1737          (iii) complying with a regulatory environment; and
1738          (iv) training, evaluating, and monitoring employees;
1739          (b) connections to the local community; and
1740          (c) that the applicant will keep the cost of cannabis-based medicine low.
1741          Section 63. Section 58-86-205 is enacted to read:
1742          58-86-205. Bond for a CBM dispensary license.
1743          (1) A CBM dispensary licensed under Section 58-86-201 shall post a cash bond or
1744     surety bond, payable to the division, in an amount equal to $750,000.
1745          (2) A CBM dispensary licensed under Section 4-42-201 shall maintain the bond
1746     described in Subsection (1) for as long as the CBM dispensary continues to operate.
1747          (3) The division shall require a bond a CBM dispensary posts under this section to be:
1748          (a) in a form approved by the attorney general; and
1749          (b) conditioned upon the CBM dispensary's compliance with this chapter.
1750          (4) If a bond described in Subsection (1) is canceled due to a CBM dispensary's
1751     negligence, the division may assess the CBM dispensary a $300 reinstatement fee.
1752          (5) A CBM dispensary may not withdraw any part of a bond posted under Subsection
1753     (1):
1754          (a) during the period when the CBM dispensary's license is in effect; or
1755          (b) while a license revocation proceeding is pending against the CBM dispensary.
1756          (6) A CBM dispensary forfeits a bond posted under Subsection (1) if the CBM
1757     dispensary's license is revoked.
1758          (7) The division may, without revoking a license, make a claim against a bond posted
1759     by a CBM dispensary under Subsection (1) for money the CBM dispensary owes the division
1760     under this chapter.
1761          Section 64. Section 58-86-301 is enacted to read:

1762     
Part 3. CBM Dispensary Agents

1763          58-86-301. CBM dispensary agent -- Registration.
1764          (1) An individual may not act as an owner, officer, director, board member,
1765     shareholder, agent, or employee of a CBM dispensary unless the individual is registered by the
1766     division as a CBM dispensary agent.
1767          (2) A physician may not act as a CBM dispensary agent.
1768          (3) The division shall, within 15 business days after receiving a complete application,
1769     register and issue a CBM dispensary agent registration card to an individual who:
1770          (a) has not been convicted of an offense that is a felony under either state or federal
1771     law;
1772          (b) provides to the division:
1773          (i) the individual's name and address; and
1774          (ii) the name and location of the licensed CBM dispensary where the individual will act
1775     as a CBM dispensary agent;
1776          (c) pays a registration fee to the division, in an amount determined by the division in
1777     accordance with Section 63J-1-504, that is necessary to cover the division's cost to implement
1778     this chapter;
1779          (d) complies with the requirement for, and passes, a criminal background check
1780     described in Section 58-86-302; and
1781          (e) demonstrates to the division that the individual has completed a training program
1782     designated by the division under Subsection (4).
1783          (4) The division shall establish CBM dispensary agent training requirements by rule
1784     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1785          (5) The division shall revoke or refuse to issue the CBM dispensary agent registration
1786     card of an individual who:
1787          (a) violates the requirements of this chapter; or
1788          (b) is convicted of an offense that is a felony under state or federal law.
1789          Section 65. Section 58-86-302 is enacted to read:
1790          58-86-302. CBM dispensary agents -- Criminal background checks.
1791          (1) An individual applying for a CBM dispensary agent registration card under this
1792     chapter shall:

1793          (a) submit to the division:
1794          (i) a fingerprint card in a form acceptable to the Department of Public Safety; and
1795          (ii) a signed waiver in accordance with Subsection 53-10-108(4) indicating that the
1796     individual's fingerprints are being registered in the Federal Bureau of Investigation's Next
1797     Generation Identification system's Rap Back Service; and
1798          (b) consent to a fingerprint background check by:
1799          (i) the Utah Bureau of Criminal Identification; and
1800          (ii) the Federal Bureau of Investigation.
1801          (2) The Bureau of Criminal Identification shall:
1802          (a) check the fingerprints submitted under Subsection (1) against the applicable state,
1803     regional and national criminal records databases, including the Federal Bureau of
1804     Investigation's Next Generation Identification system;
1805          (b) report the results of the background check to the department;
1806          (c) maintain a separate file of fingerprints submitted under Subsection (1) for search by
1807     future submissions to the local and regional criminal records databases, including latent prints;
1808          (d) request that the fingerprints be retained in the Federal Bureau of Investigation's
1809     Next Generation Identification system's Rap Back Service for search by future submissions to
1810     national criminal records databases, including the Next Generation Identification system and
1811     latent prints; and
1812          (e) establish a privacy risk mitigation strategy to ensure that the entity only receives
1813     notifications for an individual with whom the entity maintains an authorizing relationship.
1814          (4) The division shall:
1815          (a) assess an individual who submits fingerprints, in accordance with this section, a fee
1816     that the Bureau of Criminal Identification is authorized to collect for the services the Bureau of
1817     Criminal Identification or other authorized agency provides under this section; and
1818          (b) remit a fee collected under Subsection (4)(a) to the Bureau of Criminal
1819     Identification.
1820          Section 66. Section 58-86-303 is enacted to read:
1821          58-86-303. CBM dispensary agent registration card -- Required to carry
1822     registration card.
1823          (1) An individual who has a CBM dispensary agent registration card shall carry the

1824     individual's CBM dispensary agent registration card with the individual at all times when:
1825          (a) the individual is on the premises of a CBM dispensary; and
1826          (b) the individual is transporting cannabis or cannabis-based medicine between two
1827     cannabis production establishments or transporting cannabis-based medicine between a
1828     cannabis production establishment and a CBM dispensary.
1829          (2) A CBM dispensary agent registered with the department is guilty of an infraction if
1830     the registered CBM dispensary agent:
1831          (a) (i) is on the premises of a CBM dispensary where the individual is registered as an
1832     agent; or
1833          (ii) transports cannabis or cannabis-based medicine; and
1834          (b) does not possess, on the registered CBM dispensary agent's person, a valid CBM
1835     dispensary agent registration card.
1836          (3) A registered CBM dispensary agent who is guilty of an infraction under Subsection
1837     (3) is subject to a $100 fine.
1838          Section 67. Section 58-86-401 is enacted to read:
1839     
Part 4. CBM Dispensary Operation Requirements

1840          58-86-401. Operating requirements -- General.
1841          (1) (a) A CBM dispensary shall operate in accordance with the operating plan that the
1842     CBM dispensary provides to the department under Section 58-86-203.
1843          (b) A CBM dispensary shall notify the department within 30 days of any change in the
1844     CBM dispensary's operation plan.
1845          (2) Except as provided in Subsection (3), a CBM dispensary shall operate:
1846          (a) in a facility that is accessible only by an individual with a valid CBM dispensary
1847     agent registration card issued under Section 58-86-301 or by an individual with a medical
1848     cannabis card; and
1849          (b) at the physical address provided to the department under Section 58-86-201.
1850          (3) A cannabis-based medicine production facility may allow the press, a visitor, or a
1851     contractor access to the CBM dispensary if:
1852          (a) the cannabis-based medicine production facility tracks and monitors the individual
1853     at all times while the individual is in the CBM dispensary; and
1854          (b) a record of the individual's access to the CBM dispensary is maintained by the

1855     CBM dispensary.
1856          (4) A CBM dispensary may not operate without:
1857          (a) a security system with a backup power source in the event of a power outage to:
1858          (i) detect and record entry at all times the CBM dispensary is closed; and
1859          (ii) provide notice of unauthorized entry to local law enforcement;
1860          (b) a lock on any entrance to the area of the CBM dispensary where cannabis-based
1861     medicine is stored; and
1862          (c) an inventory control system that complies with Section 4-42-104.
1863          (5) Except as provided in Subsection (6), a physician may not:
1864          (a) serve as a CBM dispensary agent; or
1865          (b) except online, advertise that the physician may or will recommend cannabis-based
1866     medicine.
1867          (6) (a) A CBM dispensary shall employ an individual licensed as a pharmacist under
1868     Title 58, Chapter 17b, Pharmacy Practice Act, to act as a consultant.
1869          (b) The individual described in Subsection (6)(a) shall:
1870          (i) review the records of each individual with a medical cannabis card who purchases
1871     cannabis-based medicine from the CBM dispensary; and
1872          (ii) answer questions for an individual with a medical cannabis card.
1873          (7) A CBM dispensary may only transmit or accept payment for cannabis-based
1874     medicine through a cannabis payment processor licensed under Section 7-26-201.
1875          (8) A CBM dispensary may not allow any individual to consume cannabis-based
1876     medicine on the property or premises of the establishment.
1877          (9) A CBM dispensary may not sell cannabis-based medicine before January 1, 2017.
1878          (10) A CBM dispensary shall require any CBM dispensary agent to wear a white lab
1879     coat at all times while the CBM dispensary agent is in the view of a customer at the CBM
1880     dispensary
1881          Section 68. Section 58-86-402 is enacted to read:
1882          58-86-402. Dispensing -- Amount a CBM dispensary may dispense -- Reporting --
1883     Form of cannabis or cannabis product.
1884          (1) A CBM dispensary may only sell, subject to this chapter:
1885          (a) cannabis-based medicine; or

1886          (b) educational materials related to the medical use of cannabis-based medicine.
1887          (2) A CBM dispensary may only sell cannabis-based medicine to Ĥ→ :
1887a          (a) ←Ĥ an individual with a
1888     medical cannabis card issued by the department Ĥ→ [
.] ; or
1888a          (b)     a person conducting an approved study under Section 26-58-208. ←Ĥ
1889          (3) A CBM dispensary may not dispense on behalf of any one individual with a
1890     medical cannabis card, in any one 30-day period, an amount of cannabis-based medicine that
1891     exceeds a 30-day supply of the dosage recommended by the individual's physician.
1892          (4) An individual with a medical cannabis card may not purchase more cannabis-based
1893     medicine than the amounts designated in Subsection (3).
1894          (5) A designated caregiver designated by any one individual with a medical cannabis
1895     card may not purchase, for the individual, an amount of cannabis-based medicine that exceeds
1896     the amounts designated in Subsection (3).
1897          (6) A CBM dispensary shall:
1898          (a) submit a record to the electronic verification system of each time the CBM
1899     dispensary dispenses cannabis-based medicine to an individual with a medical cannabis card;
1900          (b) access the electronic verification system before dispensing cannabis-based
1901     medicine to an individual with a medical cannabis card in order to determine if the individual
1902     has exceeded the amount of cannabis or cannabis products described in Subsection (3); and
1903          (c) comply with Section 58-37f-204.
1904          Section 69. Section 58-86-403 is enacted to read:
1905          58-86-403. Product quality -- Labeling -- Packaging.
1906          (1) A CBM dispensary may not sell or offer to sell cannabis-based medicine unless:
1907          (a) the amount of cannabis-based medicine is clearly and accurately stated on the
1908     cannabis-based medicine packaging; and
1909          (b) the cannabis-based medicine is sealed in a tamper resistant, resealable container
1910     with a label that includes a bar code or identification number that links the cannabis-based
1911     medicine to the CBM dispensary's inventory control system.
1912          (2) A CBM dispensary may only sell cannabis-based medicine that has been inspected
1913     by an independent cannabis testing laboratory in accordance with Section 4-42-701.
1914          Section 70. Section 58-86-404 is enacted to read:
1915          58-86-404. Advertising.
1916          (1) Except as provided in Subsection (2), a CBM dispensary may not advertise in any

1917     medium.
1918          (2) A CBM dispensary may advertise using a:
1919          (a) sign on the outside of the CBM dispensary that includes only the CBM dispensary's
1920     name and hours of operation; and
1921          (b) a website that includes information about the location of the dispensary, products
1922     and services available at the dispensary, and educational materials related to the use of
1923     cannabis-based medicine.
1924          Section 71. Section 58-86-405 is enacted to read:
1925          58-86-405. Inspections.
1926          (1) The division shall inspect, in accordance with Subsection (2), a CBM dispensary's
1927     facility and records in order to determine if the CBM dispensary complies with the
1928     requirements of this chapter.
1929          (2) The division may inspect the records and facility of a CBM dispensary:
1930          (a) as many as four times per year, scheduled or unscheduled; and
1931          (b) if the division has reason to believe that the CBM dispensary has violated the law,
1932     at any time, scheduled or unscheduled.
1933          Section 72. Section 58-86-406 is enacted to read:
1934          58-86-406. Cannabis-based medicine transportation.
1935          (1) An individual may not transport cannabis-based medicine unless the individual has
1936     a valid:
1937          (a) cannabis production establishment agent registration card; or
1938          (b) CBM dispensary agent registration card.
1939          (2) An individual transporting cannabis-based medicine shall keep a transportation
1940     record that includes:
1941          (a) a bar code or identification number that links the cannabis-based medicine to a
1942     relevant inventory control system;
1943          (b) origin and destination information for any cannabis-based medicine the individual
1944     is transporting; and
1945          (c) monitors the departure and arrival time of the individual transporting the
1946     cannabis-based medicine.
1947          (3) In addition to the requirements in Subsections (1) and (2), the Department of

1948     Agriculture and Food may establish, by rule made in accordance with Title 63G, Chapter 3,
1949     Utah Administrative Rulemaking Act, requirements for transporting cannabis-based medicine
1950     related to human consumption safety.
1951          (4) A CBM dispensary agent registered with the department is guilty of an infraction if
1952     the registered CBM dispensary agent:
1953          (a) transports cannabis or cannabis-based medicine; and
1954          (b) does not possess, on the registered CBM dispensary agent's person or in the
1955     transport vehicle, a transportation record that complies with Subsection (2).
1956          (5) A registered CBM dispensary agent who is guilty of an infraction under Subsection
1957     (3) is subject to a $100 fine.
1958          Section 73. Section 58-86-501 is enacted to read:
1959     
Part 5. Enforcement

1960          58-86-501. Enforcement -- Fine -- Citation.
1961          (1) The division may, for a violation of this chapter by a person who is a CBM
1962     dispensary or CBM dispensary agent:
1963          (a) revoke the person's license;
1964          (b) refuse to renew the person's license;
1965          (c) assess the person an administrative penalty; or
1966          (d) take any other appropriate administrative action.
1967          (2) The division shall deposit an administrative penalty imposed under this section into
1968     the General Fund as a dedicated credit to be used by the division to administer and enforce this
1969     chapter.
1970          (3) The division may, for a person subject to an uncontested citation, a stipulated
1971     settlement, or a finding of a violation in an adjudicative proceeding under this section:
1972          (a) assess the person a fine, established in accordance with Section 63J-1-504, of up to
1973     $5,000 per violation, in accordance with a fine schedule established by rule made in accordance
1974     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
1975          (b) order the person to cease and desist from the action that creates a violation.
1976          (4) The division may not revoke a CBM dispensary's license via a citation.
1977          (5) If within 20 calendar days after the day on which a division serves a citation for a
1978     violation of this chapter, the person that is the subject of the citation fails to request a hearing

1979     to contest the citation, the citation becomes the basis of the division's final order.
1980          (6) The division may, for a person who fails to comply with a citation under this
1981     section:
1982          (a) refuse to issue or renew the person's license or CBM dispensary agent registration
1983     card; or
1984          (b) suspend, revoke, or place on probation the person's license or CBM dispensary
1985     agent registration card.
1986          Section 74. Section 58-86-502 is enacted to read:
1987          58-86-502. Fees -- Deposit into Medical Cannabis Restricted Account.
1988          The division shall deposit fees the division collects under this chapter in the Medical
1989     Cannabis Restricted Account.
1990          Section 75. Section 59-12-104.7 is enacted to read:
1991          59-12-104.7. Exemption from sales tax for medical cannabis.
1992          (1) As used in this section:
1993          (a) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
1994          (b) "Cannabis-based medicine" means the same as that term is defined in Section
1995     58-37-3.6.
1996          (c) "CBM dispensary" means the same as that term is defined in Section 26-58-102.
1997          (2) In addition to the exemptions described in Section 59-12-104, the sale, by a
1998     licensed CBM dispensary, of cannabis-based medicine is not subject to the taxes imposed by
1999     this chapter.
2000          Section 76. Section 59-28-101 is enacted to read:
2001     
CHAPTER 28. MEDICAL CANNABIS TAX ACT

2002          59-28-101. Title.
2003          This chapter is known as the "Medical Cannabis Tax Act."
2004          Section 77. Section 59-28-102 is enacted to read:
2005          59-28-102. Definitions.
2006          As used in this chapter:
2007          (1) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
2008          (2) "Cannabis-based medicine" means the same as that term is defined in Section
2009     58-37-3.6.

2010          (3) "CBM dispensary" means the same as that term is defined in Section 26-58-102.
2011          (4) "Medical Cannabis Restricted Account" means the account created in Section
2012     26-58-105.
2013          Section 78. Section 59-28-103 is enacted to read:
2014          59-28-103. Imposition of tax -- Rate.
2015          There is imposed a tax on the retail purchaser of cannabis-based medicine at a CBM
2016     dispensary in the state, in an amount equal to 4.70% of amounts paid or charged for the
2017     cannabis-based medicine.
2018          Section 79. Section 59-28-104 is enacted to read:
2019          59-28-104. Collection of tax.
2020          A CBM dispensary shall:
2021          (1) collect the tax imposed by Section 59-28-103 from a cannabis-based medicine
2022     purchaser; and
2023          (2) pay the tax collected under Subsection (1):
2024          (a) to the commission quarterly on or before the last day of the month immediately
2025     following the last day of the previous quarter; and
2026          (b) using a form prescribed by the commission.
2027          Section 80. Section 59-28-105 is enacted to read:
2028          59-28-105. Deposit of tax revenue.
2029          The commission shall deposit revenues generated by the tax imposed by this chapter
2030     into the Medical Cannabis Restricted Account.
2031          Section 81. Section 59-28-106 is enacted to read:
2032          59-28-106. Records.
2033          (1) A CBM dispensary shall maintain any record typically deemed necessary to
2034     determine the amount of tax that the CBM dispensary is required to remit to the commission
2035     under this chapter.
2036          (2) The commission may require a CBM dispensary to keep any record the commission
2037     reasonably considers necessary to constitute sufficient evidence of the amount of tax the CBM
2038     dispensary is required to remit to the commission under this chapter:
2039          (a) by notice served upon the CBM dispensary; or
2040          (b) by rule made in accordance with Title 63G, Chapter 3, Utah Administrative

2041     Rulemaking Act.
2042          (3) Upon notice by the commission, a CBM dispensary shall open the CBM
2043     dispensary's records for examination by the commission.
2044          Section 82. Section 59-28-107 is enacted to read:
2045          59-28-107. Rulemaking authority.
2046          (1) Except as provided in Subsection (2), the commission may make rules in
2047     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
2048          (a) implement the tax imposed by this chapter; and
2049          (b) enforce payment of the tax imposed by this chapter.
2050          Section 83. Section 59-28-108 is enacted to read:
2051          59-28-108. Penalties and interest.
2052          A CBM dispensary that fails to comply with any provision of this chapter is subject to
2053     penalties and interest as provided in Sections 59-1-401 and 59-1-402.
2054          Section 84. Section 62A-4a-202.1 is amended to read:
2055          62A-4a-202.1. Entering home of a child -- Taking a child into protective custody
2056     -- Caseworker accompanied by peace officer -- Preventive services -- Shelter facility or
2057     emergency placement.
2058          (1) A peace officer or child welfare worker may not:
2059          (a) enter the home of a child who is not under the jurisdiction of the court, remove a
2060     child from the child's home or school, or take a child into protective custody unless authorized
2061     under Subsection 78A-6-106(2); or
2062          (b) remove a child from the child's home or take a child into custody under this section
2063     solely on the basis of:
2064          (i) educational neglect, truancy, or failure to comply with a court order to attend
2065     school[.]; or
2066          (ii) the possession or use of a cannabis product or a medical cannabis device in the
2067     home, if the use and possession of the cannabis product or medical cannabis device is in
2068     compliance with Title 26, Chapter 58, Medical Cannabis Act.
2069          (2) A child welfare worker within the division may take action under Subsection (1)
2070     accompanied by a peace officer, or without a peace officer when a peace officer is not
2071     reasonably available.

2072          (3) (a) If possible, consistent with the child's safety and welfare, before taking a child
2073     into protective custody, the child welfare worker shall also determine whether there are
2074     services available that, if provided to a parent or guardian of the child, would eliminate the
2075     need to remove the child from the custody of the child's parent or guardian.
2076          (b) If the services described in Subsection (3)(a) are reasonably available, they shall be
2077     utilized.
2078          (c) In determining whether the services described in Subsection (3)(a) are reasonably
2079     available, and in making reasonable efforts to provide those services, the child's health, safety,
2080     and welfare shall be the child welfare worker's paramount concern.
2081          (4) (a) A child removed or taken into custody under this section may not be placed or
2082     kept in a secure detention facility pending court proceedings unless the child is detainable
2083     based on guidelines promulgated by the Division of Juvenile Justice Services.
2084          (b) A child removed from the custody of the child's parent or guardian but who does
2085     not require physical restriction shall be given temporary care in:
2086          (i) a shelter facility; or
2087          (ii) an emergency placement in accordance with Section 62A-4a-209.
2088          (c) When making a placement under Subsection (4)(b), the Division of Child and
2089     Family Services shall give priority to a placement with a noncustodial parent, relative, or
2090     friend, in accordance with Section 62A-4a-209.
2091          (d) If the child is not placed with a noncustodial parent, a relative, or a designated
2092     friend, the caseworker assigned to the child shall file a report with the caseworker's supervisor
2093     explaining why a different placement was in the child's best interest.
2094          (5) When a child is removed from the child's home or school or taken into protective
2095     custody, the caseworker shall give a parent of the child a pamphlet or flier explaining:
2096          (a) the parent's rights under this part, including the right to be present and participate in
2097     any court proceeding relating to the child's case;
2098          (b) that it may be in the parent's best interest to contact an attorney and that, if the
2099     parent cannot afford an attorney, the court will appoint one;
2100          (c) the name and contact information of a division employee the parent may contact
2101     with questions;
2102          (d) resources that are available to the parent, including:

2103          (i) mental health resources;
2104          (ii) substance abuse resources; and
2105          (iii) parenting classes; and
2106          (e) any other information considered relevant by the division.
2107          (6) The pamphlet or flier described in Subsection (5) shall be:
2108          (a) evaluated periodically for its effectiveness at conveying necessary information and
2109     revised accordingly;
2110          (b) written in simple, easy-to-understand language; and
2111          (c) available in English and other languages as the division determines to be
2112     appropriate and necessary.
2113          Section 85. Section 63I-1-258 is amended to read:
2114          63I-1-258. Repeal dates, Title 58.
2115          (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
2116     repealed July 1, 2026.
2117          (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
2118          (3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2018.
2119          (4) Section 58-37-4.3 is repealed July 1, 2016.
2120          (5) Section 58-38a-203.1 is repealed July 1, 2017.
2121          [(5)] (6) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1,
2122     2023.
2123          [(6)] (7) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing
2124     Act, is repealed July 1, 2019.
2125          [(7)] (8) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1,
2126     2025.
2127          [(8)] (9) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is
2128     repealed July 1, 2023.
2129          [(9)] (10) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1,
2130     2024.
2131          [(10)] (11) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed
2132     July 1, 2026.
2133          [(11)] (12) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2017.

2134          Section 86. Section 78A-6-508 is amended to read:
2135          78A-6-508. Evidence of grounds for termination.
2136          (1) In determining whether a parent or parents have abandoned a child, it is prima facie
2137     evidence of abandonment that the parent or parents:
2138          (a) although having legal custody of the child, have surrendered physical custody of the
2139     child, and for a period of six months following the surrender have not manifested to the child
2140     or to the person having the physical custody of the child a firm intention to resume physical
2141     custody or to make arrangements for the care of the child;
2142          (b) have failed to communicate with the child by mail, telephone, or otherwise for six
2143     months;
2144          (c) failed to have shown the normal interest of a natural parent, without just cause; or
2145          (d) have abandoned an infant, as described in Subsection 78A-6-316(1).
2146          (2) In determining whether a parent or parents are unfit or have neglected a child the
2147     court shall consider, but is not limited to, the following circumstances, conduct, or conditions:
2148          (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
2149     parent unable to care for the immediate and continuing physical or emotional needs of the child
2150     for extended periods of time;
2151          (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
2152     nature;
2153          (c) habitual or excessive use of intoxicating liquors, controlled substances, or
2154     dangerous drugs that render the parent unable to care for the child;
2155          (d) repeated or continuous failure to provide the child with adequate food, clothing,
2156     shelter, education, or other care necessary for the child's physical, mental, and emotional health
2157     and development by a parent or parents who are capable of providing that care;
2158          (e) whether the parent is incarcerated as a result of conviction of a felony, and the
2159     sentence is of such length that the child will be deprived of a normal home for more than one
2160     year;
2161          (f) a history of violent behavior; or
2162          (g) whether the parent has intentionally exposed the child to pornography or material
2163     harmful to a minor, as defined in Section 76-10-1201.
2164          (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent

2165     because of the parent's possession or consumption of a cannabis product or a medical cannabis
2166     device, in accordance with Title 26, Chapter 58, Medical Cannabis Act.
2167          [(3)] (4) A parent who, legitimately practicing the parent's religious beliefs, does not
2168     provide specified medical treatment for a child is not, for that reason alone, a negligent or unfit
2169     parent.
2170          [(4)] (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful
2171     or unfit because of a health care decision made for a child by the child's parent unless the state
2172     or other party to the proceeding shows, by clear and convincing evidence, that the health care
2173     decision is not reasonable and informed.
2174          (b) Nothing in Subsection [(4)] (5)(a) may prohibit a parent from exercising the right to
2175     obtain a second health care opinion.
2176          [(5)] (6) If a child has been placed in the custody of the division and the parent or
2177     parents fail to comply substantially with the terms and conditions of a plan within six months
2178     after the date on which the child was placed or the plan was commenced, whichever occurs
2179     later, that failure to comply is evidence of failure of parental adjustment.
2180          [(6)] (7) The following circumstances constitute prima facie evidence of unfitness:
2181          (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
2182     child, due to known or substantiated abuse or neglect by the parent or parents;
2183          (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
2184     indicate the unfitness of the parent to provide adequate care to the extent necessary for the
2185     child's physical, mental, or emotional health and development;
2186          (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
2187     of the child;
2188          (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
2189     commit murder or manslaughter of a child or child abuse homicide; or
2190          (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
2191     of the child, without legal justification.
2192          Section 87. Effective date.
2193          This bill takes effect on July 1, 2016.