This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 22, 2017 at 3:27 PM by lucydaynes.
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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to research of cannabis and cannabinoid products.
10 Highlighted Provisions:
11 This bill:
12 ▸ allows a person to possess cannabis, a cannabinoid product, and an expanded
13 cannabinoid product and to distribute the cannabis, a cannabinoid product, or an
14 expanded cannabinoid product to a patient pursuant to an institutional review
15 board-approved study;
16 ▸ allows a person conducting an institutional review board-approved study to import
17 and distribute cannabis, a cannabinoid product, and an expanded cannabinoid
18 product under certain circumstances; and
19 ▸ creates the Cannabinoid Product Board within the Department of Health.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides a special effective date.
24 Utah Code Sections Affected:
25 ENACTS:
26 26-59-101, Utah Code Annotated 1953
27 26-59-102, Utah Code Annotated 1953
28 26-59-103, Utah Code Annotated 1953
29 26-59-201, Utah Code Annotated 1953
30 26-59-202, Utah Code Annotated 1953
31 58-37-3.6, Utah Code Annotated 1953
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-59-101 is enacted to read:
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36 26-59-101. Title.
37 This chapter is known as "Cannabinoid Research Act."
38 Section 2. Section 26-59-102 is enacted to read:
39 26-59-102. Definitions.
40 As used in this chapter:
41 (1) "Approved study" means a medical research study:
42 (a) the purpose of which is to investigate the medical benefits and risks of cannabinoid
43 products; and
44 (b) that is approved by an IRB.
45 (2) "Board" means the Cannabinoid Product Board created in Section 26-59-201.
46 (3) "Cannabinoid product" means the same as that term is defined in Section 58-37-3.6.
47 (4) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
48 (5) "Expanded cannabinoid product" means the same as that term is defined in Section
49 58-37-36.
50 (6) "Institutional review board" or "IRB" means an institutional review board that is
51 registered for human subject research by the United States Department of Health and Human
52 Services.
53 Section 3. Section 26-59-103 is enacted to read:
54 26-59-103. Institutional review board -- Approved study, cannabis, cannabinoid
55 product, or expanded cannabinoid product.
56 (1) A person conducting an approved study may, for the purposes of the study:
57 (a) process a cannabinoid product or an expanded cannabinoid product;
58 (b) possess a cannabinoid product or an expanded cannabinoid product; and
59 (c) administer a cannabinoid product, or an expanded cannabinoid product to an
60 individual in accordance with the approved study.
61 (2) A person conducting an approved study may:
62 (a) import cannabis, a cannabinoid product, or an expanded cannabinoid product from
63 another state if:
64 (i) the importation complies with federal law; and
65 (ii) the person uses the cannabis, cannabinoid product, or expanded cannabinoid
66 product in accordance with the approved study; or
67 (b) obtain cannabis, a cannabinoid product, or an expanded cannabinoid product from
68 the National Institute on Drug Abuse.
69 (3) A person conducting an approved study may distribute cannabis, a cannabinoid
70 product, or an expanded cannabinoid product outside the state if:
71 (a) the distribution complies with federal law; and
72 (b) the distribution is for the purposes of, and in accordance with, the approved study.
73 Section 4. Section 26-59-201 is enacted to read:
74 26-59-201. Cannabinoid Product Board.
75 (1) There is created the Cannabinoid Product Board within the department.
76 (2) The department shall appoint, in consultation with a professional association based
77 in the state that represents physicians, seven members to the Cannabinoid Product Board as
78 follows:
79 (a) three individuals who are medical research professionals; and
80 (b) four physicians.
81 (3) The department shall appoint board members under Subsection (2) such that three
82 of the board members are members of the Controlled Substances Advisory Committee created
83 in Section 58-38a-201.
84 (4) (a) Four of the board members appointed under Subsection (2) shall serve an initial
85 term of two years and three of the board members appointed under Subsection (2) shall serve
86 an initial term of four years.
87 (b) Successor board members shall each serve a term of four years.
88 (5) The department may remove a board member without cause.
89 (6) The board shall nominate a board member to serve as chairperson of the board by a
90 majority vote of the board members.
91 (7) The board shall meet as often as necessary to accomplish the duties assigned to the
92 board under this chapter.
93 (8) Each board member, including the chair, has one vote.
94 (9) (a) A majority of board members constitutes a quorum.
95 (b) A vote of a majority of the quorum at any board meeting is necessary to take action
96 on behalf of the board.
97 (10) A board member may not receive compensation for the member's service on the
98 board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
99 Chapter 3, Utah Administrative Rulemaking Act, receive:
100 (a) per diem at the rate established under Section 63A-3-106; and
101 (b) travel expenses at the rate established under Section 63A-3-107.
102 Section 5. Section 26-59-202 is enacted to read:
103 26-59-202. Cannabinoid Product Board -- Duties.
104 Ŝ→ (1) The board shall review any available research related to the human use of a
104a cannabinoid product that:
104b (a) was conducted under a study approved by an IRB; or
104c (b) was conducted or approved by the federal government. ←Ŝ
104d Ŝ→ [
104e shall evaluate the safety and efficacy of cannabinoid products, including:
105 (a) medical conditions that respond to cannabinoid products;
106 (b) cannabinoid dosage amounts and medical dosage forms; and
107 (c) interaction of cannabinoid products with other treatments.
108 Ŝ→ [
108a board shall develop
109 guidelines for a physician recommending treatment with a cannabinoid product that includes a
110 list of medical conditions, if any, that the board determines are appropriate for treatment with Ŝ→ a
110a ←Ŝ
111 cannabinoid Ŝ→ [
112 Ŝ→ [
112a ←Ŝ to:
113 (a) the director of the Division of Occupational and Professional Licensing; and
114 (b) the Health and Human Services Interim Committee.
115 Ŝ→ [
115a to the
116 Health and Human Services Interim Committee.
117 Section 6. Section 58-37-3.6 is enacted to read:
118 58-37-3.6. Exemption for possession or distribution of a cannabinoid product
119 pursuant to an approved study.
120 (1) As used in this section:
121 (a) "Cannabinoid product" means a product intended for human ingestion that:
122 (i) contains an extract or concentrate that is obtained from cannabis;
123 (ii) is prepared in a medicinal dosage form; and
124 (iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
125 (b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
126 (c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
127 (d) "Expanded cannabinoid product" means a product intended for human ingestion
128 that:
129 (i) contains an extract or concentrate that is obtained from cannabis;
130 (ii) is prepared in a medicinal dosage form; and
131 (iii) contains less than 10 units of cannabidiol for every one unit of
132 tetrahydrocannabinol.
133 (e) "Medicinal dosage form" means:
134 (i) a tablet;
135 (ii) a capsule;
136 (iii) a concentrated oil;
137 (iv) a liquid suspension;
138 (v) a transdermal preparation; or
139 (vi) a sublingual preparation.
140 (f) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the
141 description in Subsection 58-37-4(2)(a)(iii)(AA).
142 (2) Notwithstanding any other provision of this chapter, an individual who possesses or
143 distributes a cannabinoid product or an expanded cannabinoid product is not subject to the
144 penalties described in this title for the possession or distribution of marijuana or
145 tetrahydrocannabinol to the extent that the individual's possession or distribution of the
146 cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 59,
147 Cannabinoid Research Act.
148 Section 7. Effective date.
149 If approved by two-thirds of all the members elected to each house, this bill takes effect
150 upon approval by the governor, or the day following the constitutional time limit of Utah
151 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
152 the date of veto override.