This document includes House Floor Amendments incorporated into the bill on Mon, Dec 3, 2018 at 1:56 PM by lerror.
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7 LONG TITLE
8 General Description:
9 This bill provides for the cultivation, processing, medical recommendation, and patient
10 use of medical cannabis.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ provides for licensing and regulation of a cannabis cultivation facility, a cannabis
15 processing facility, an independent cannabis testing laboratory, and a medical
16 cannabis pharmacy;
17 ▸ provides for security and tracking of medical cannabis and a medical cannabis
18 product from cultivation to use to ensure safety and chemical content;
19 ▸ requires certain labeling and childproof packaging of medical cannabis and a
20 medical cannabis product;
21 ▸ requires the Department of Agriculture and Food, the Department of Health, the
22 Department of Public Safety, and the Department of Technology Services to create
23 an electronic verification system to facilitate recommendation, dispensing, and
24 record-keeping for medical cannabis transactions;
25 ▸ allows physicians, osteopathic physicians, advanced practice registered nurses, and
26 physician assistants to recommend medical cannabis;
27 ▸ allows an individual with a qualifying condition to obtain a medical cannabis
28 patient card on the recommendation of a certain medical professional to gain access
29 to medical cannabis;
30 ▸ allows a patient to designate a caregiver to assist with accessing medical cannabis;
31 ▸ provides for a parent or legal guardian to obtain a medical cannabis guardian card
32 for an eligible minor patient and for the minor patient to concurrently receive a
33 provisional patient card;
34 ▸ provides certain state employment discrimination protection for an individual who
35 lawfully uses medical cannabis;
36 ▸ limits the form and amount of medical cannabis available to a patient at one time;
37 ▸ prohibits a minor from entering a medical cannabis pharmacy;
38 ▸ requires the Department of Health to establish the state central fill medical cannabis
39 pharmacy;
40 ▸ provides for a process of state central fill shipment of medical cannabis and
41 cannabis product to a local health department for patient retrieval;
42 ▸ creates certain enterprise funds;
43 ▸ imposes criminal penalties for improperly giving or selling medical cannabis;
44 ▸ decriminalizes certain conduct for certain individuals before the medical cannabis
45 card program and medical cannabis pharmacies are operational;
46 ▸ creates protections from state prosecution for the lawful possession, use, and sale of
47 medical cannabis;
48 ▸ exempts medical cannabis and medical cannabis products from sales tax;
49 ▸ prohibits a court from considering the lawful use of medical cannabis in a custody
50 proceeding;
51 ▸ repeals superfluous sections related to authorized use of cannabis or a cannabis
52 product;
53 ▸ provides a severability clause;
54 ▸ re-enacts language that the voter initiative repealed by implication through use of
55 outdated code; and
56 ▸ makes technical and conforming changes.
57 Money Appropriated in this Bill:
58 None
59 Other Special Clauses:
60 This bill provides a special effective date.
61 This bill provides revisor instructions.
62 Utah Code Sections Affected:
63 AMENDS:
64 4-41-102, as last amended by Laws of Utah 2018, Chapters 227 and 452
65 7-1-401, as last amended by Laws of Utah 2018, Chapter 446
66 10-9a-104, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
67 17-27a-104, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
68 26-61-202, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018 and last
69 amended by Laws of Utah 2018, Chapter 110
70 26-65-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
71 26-65-103 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
72 30-3-10, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
73 34A-2-418, as last amended by Laws of Utah 2016, Chapter 242
74 41-6a-517 (Superseded 07/01/19), as last amended by Laws of Utah 2017, Chapter 446
75 41-6a-517 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapter 452
76 49-11-1401, as last amended by Laws of Utah 2018, Chapter 61
77 53-1-106.5, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
78 58-17b-302, as last amended by Laws of Utah 2014, Chapter 72
79 58-17b-310, as enacted by Laws of Utah 2004, Chapter 280
80 58-17b-502, as last amended by Laws of Utah 2018, Chapter 295
81 58-31b-305, as last amended by Laws of Utah 2014, Chapter 316
82 58-31b-502, as last amended by Laws of Utah 2016, Chapter 127
83 58-37-3.6 (Superseded 07/01/19), as last amended by Laws of Utah 2018, Chapters
84 333 and 446
85 58-37-3.6 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapters 333,
86 446, and 452
87 58-37-3.7, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
88 58-37-3.8, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
89 58-37-3.9, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
90 58-37f-203 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapters 123
91 and 452
92 58-67-304, as last amended by Laws of Utah 2018, Chapters 282 and 318
93 58-67-502, as last amended by Laws of Utah 2017, Chapter 299
94 58-68-304, as last amended by Laws of Utah 2018, Chapter 318
95 58-68-502, as last amended by Laws of Utah 2017, Chapter 299
96 58-70a-303, as last amended by Laws of Utah 2001, Chapter 268
97 58-70a-503, as last amended by Laws of Utah 2017, Chapter 309
98 58-85-102, as last amended by Laws of Utah 2018, Chapter 333
99 58-85-104, as last amended by Laws of Utah 2018, Chapter 333
100 58-85-105, as last amended by Laws of Utah 2018, Chapter 333
101 62A-4a-202.1, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
102 63I-1-226, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018 and last
103 amended by Laws of Utah 2018, Chapters 180, 281, 384, 430, and 468
104 63I-1-258, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018 and last
105 amended by Laws of Utah 2018, Chapter 399
106 67-19-33, as last amended by Laws of Utah 2006, Chapter 139
107 78A-6-508 (Superseded 07/01/19), as last amended by Laws of Utah 2014, Chapter
108 409
109 78A-6-508 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapter 452
110 ENACTS:
111 4-41a-104, Utah Code Annotated 1953
112 4-41a-105, Utah Code Annotated 1953
113 4-41a-106, Utah Code Annotated 1953
114 4-41a-405, Utah Code Annotated 1953
115 26-36d-101, Utah Code Annotated 1953
116 26-36d-102, Utah Code Annotated 1953
117 26-36d-103, Utah Code Annotated 1953
118 26-36d-201, Utah Code Annotated 1953
119 26-36d-202, Utah Code Annotated 1953
120 26-36d-203, Utah Code Annotated 1953
121 26-36d-204, Utah Code Annotated 1953
122 26-36d-205, Utah Code Annotated 1953
123 26-36d-206, Utah Code Annotated 1953
124 26-36d-207, Utah Code Annotated 1953
125 26-36d-208, Utah Code Annotated 1953
126 26-61a-108, Utah Code Annotated 1953
127 26-61a-110, Utah Code Annotated 1953
128 26-61a-112, Utah Code Annotated 1953
129 26-61a-113, Utah Code Annotated 1953
130 26-61a-114, Utah Code Annotated 1953
131 26-61a-205, Utah Code Annotated 1953
132 26-61a-403, Utah Code Annotated 1953
133 26-61a-503, Utah Code Annotated 1953
134 26-61a-601, Utah Code Annotated 1953
135 26-61a-602, Utah Code Annotated 1953
136 26-61a-603, Utah Code Annotated 1953
137 26-61a-604, Utah Code Annotated 1953
138 26-61a-605, Utah Code Annotated 1953
139 26-61a-606, Utah Code Annotated 1953
140 26-61a-607, Utah Code Annotated 1953
141 26-61a-608, Utah Code Annotated 1953
142 26-61a-609, Utah Code Annotated 1953
143 26-61a-610, Utah Code Annotated 1953
144 26-61a-611, Utah Code Annotated 1953
145 26-61a-701, Utah Code Annotated 1953
146 58-20b-101, Utah Code Annotated 1953
147 58-20b-102, Utah Code Annotated 1953
148 58-20b-201, Utah Code Annotated 1953
149 58-20b-301, Utah Code Annotated 1953
150 58-20b-302, Utah Code Annotated 1953
151 58-20b-303, Utah Code Annotated 1953
152 58-20b-304, Utah Code Annotated 1953
153 58-20b-305, Utah Code Annotated 1953
154 58-20b-401, Utah Code Annotated 1953
155 58-20b-501, Utah Code Annotated 1953
156 59-12-104.10, Utah Code Annotated 1953
157 62A-3-322, Utah Code Annotated 1953
158 RENUMBERS AND AMENDS:
159 4-41a-101, (Renumbered from 4-41b-101, as enacted by Statewide Initiative --
160 Proposition 2, Nov. 6, 2018)
161 4-41a-102, (Renumbered from 4-41b-102, as enacted by Statewide Initiative --
162 Proposition 2, Nov. 6, 2018)
163 4-41a-103, (Renumbered from 4-41b-103, as enacted by Statewide Initiative --
164 Proposition 2, Nov. 6, 2018)
165 4-41a-201, (Renumbered from 4-41b-201, as enacted by Statewide Initiative --
166 Proposition 2, Nov. 6, 2018)
167 4-41a-202, (Renumbered from 4-41b-302, as enacted by Statewide Initiative --
168 Proposition 2, Nov. 6, 2018)
169 4-41a-203, (Renumbered from 4-41b-202, as enacted by Statewide Initiative --
170 Proposition 2, Nov. 6, 2018)
171 4-41a-204, (Renumbered from 4-41b-203, as enacted by Statewide Initiative --
172 Proposition 2, Nov. 6, 2018)
173 4-41a-205, (Renumbered from 4-41b-204, as enacted by Statewide Initiative --
174 Proposition 2, Nov. 6, 2018)
175 4-41a-301, (Renumbered from 4-41b-301, as enacted by Statewide Initiative --
176 Proposition 2, Nov. 6, 2018)
177 4-41a-302, (Renumbered from 4-41b-303, as enacted by Statewide Initiative --
178 Proposition 2, Nov. 6, 2018)
179 4-41a-401, (Renumbered from 4-41b-401, as enacted by Statewide Initiative --
180 Proposition 2, Nov. 6, 2018)
181 4-41a-402, (Renumbered from 4-41b-402, as enacted by Statewide Initiative --
182 Proposition 2, Nov. 6, 2018)
183 4-41a-403, (Renumbered from 4-41b-403, as enacted by Statewide Initiative --
184 Proposition 2, Nov. 6, 2018)
185 4-41a-404, (Renumbered from 4-41b-404, as enacted by Statewide Initiative --
186 Proposition 2, Nov. 6, 2018)
187 4-41a-406, (Renumbered from 4-41b-405, as enacted by Statewide Initiative --
188 Proposition 2, Nov. 6, 2018)
189 4-41a-501, (Renumbered from 4-41b-501, as enacted by Statewide Initiative --
190 Proposition 2, Nov. 6, 2018)
191 4-41a-502, (Renumbered from 4-41b-502, as enacted by Statewide Initiative --
192 Proposition 2, Nov. 6, 2018)
193 4-41a-601, (Renumbered from 4-41b-601, as enacted by Statewide Initiative --
194 Proposition 2, Nov. 6, 2018)
195 4-41a-602, (Renumbered from 4-41b-602, as enacted by Statewide Initiative --
196 Proposition 2, Nov. 6, 2018)
197 4-41a-603, (Renumbered from 4-41b-603, as enacted by Statewide Initiative --
198 Proposition 2, Nov. 6, 2018)
199 4-41a-701, (Renumbered from 4-41b-701, as enacted by Statewide Initiative --
200 Proposition 2, Nov. 6, 2018)
201 4-41a-702, (Renumbered from 4-41b-702, as enacted by Statewide Initiative --
202 Proposition 2, Nov. 6, 2018)
203 4-41a-801, (Renumbered from 4-41b-801, as enacted by Statewide Initiative --
204 Proposition 2, Nov. 6, 2018)
205 4-41a-802, (Renumbered from 4-41b-802, as enacted by Statewide Initiative --
206 Proposition 2, Nov. 6, 2018)
207 26-61a-101, (Renumbered from 26-60b-101, as enacted by Statewide Initiative --
208 Proposition 2, Nov. 6, 2018)
209 26-61a-102, (Renumbered from 26-60b-102, as enacted by Statewide Initiative --
210 Proposition 2, Nov. 6, 2018)
211 26-61a-103, (Renumbered from 26-60b-103, as enacted by Statewide Initiative --
212 Proposition 2, Nov. 6, 2018)
213 26-61a-104, (Renumbered from 26-60b-105, as enacted by Statewide Initiative --
214 Proposition 2, Nov. 6, 2018)
215 26-61a-105, (Renumbered from 26-60b-106, as enacted by Statewide Initiative --
216 Proposition 2, Nov. 6, 2018)
217 26-61a-106, (Renumbered from 26-60b-107, as enacted by Statewide Initiative --
218 Proposition 2, Nov. 6, 2018)
219 26-61a-107, (Renumbered from 26-60b-108, as enacted by Statewide Initiative --
220 Proposition 2, Nov. 6, 2018)
221 26-61a-109, (Renumbered from 26-60b-109, as enacted by Statewide Initiative --
222 Proposition 2, Nov. 6, 2018)
223 26-61a-111, (Renumbered from 26-60b-110, as enacted by Statewide Initiative --
224 Proposition 2, Nov. 6, 2018)
225 26-61a-201, (Renumbered from 26-60b-201, as enacted by Statewide Initiative --
226 Proposition 2, Nov. 6, 2018)
227 26-61a-202, (Renumbered from 26-60b-202, as enacted by Statewide Initiative --
228 Proposition 2, Nov. 6, 2018)
229 26-61a-203, (Renumbered from 26-60b-203, as enacted by Statewide Initiative --
230 Proposition 2, Nov. 6, 2018)
231 26-61a-204, (Renumbered from 26-60b-204, as enacted by Statewide Initiative --
232 Proposition 2, Nov. 6, 2018)
233 26-61a-301, (Renumbered from 26-60b-301, as enacted by Statewide Initiative --
234 Proposition 2, Nov. 6, 2018)
235 26-61a-302, (Renumbered from 26-60b-402, as enacted by Statewide Initiative --
236 Proposition 2, Nov. 6, 2018)
237 26-61a-303, (Renumbered from 26-60b-302, as enacted by Statewide Initiative --
238 Proposition 2, Nov. 6, 2018)
239 26-61a-304, (Renumbered from 26-60b-303, as enacted by Statewide Initiative --
240 Proposition 2, Nov. 6, 2018)
241 26-61a-305, (Renumbered from 26-60b-304, as enacted by Statewide Initiative --
242 Proposition 2, Nov. 6, 2018)
243 26-61a-401, (Renumbered from 26-60b-401, as enacted by Statewide Initiative --
244 Proposition 2, Nov. 6, 2018)
245 26-61a-402, (Renumbered from 26-60b-403, as enacted by Statewide Initiative --
246 Proposition 2, Nov. 6, 2018)
247 26-61a-501, (Renumbered from 26-60b-501, as enacted by Statewide Initiative --
248 Proposition 2, Nov. 6, 2018)
249 26-61a-502, (Renumbered from 26-60b-502, as enacted by Statewide Initiative --
250 Proposition 2, Nov. 6, 2018)
251 26-61a-504, (Renumbered from 26-60b-503, as enacted by Statewide Initiative --
252 Proposition 2, Nov. 6, 2018)
253 26-61a-505, (Renumbered from 26-60b-504, as enacted by Statewide Initiative --
254 Proposition 2, Nov. 6, 2018)
255 26-61a-506, (Renumbered from 26-60b-505, as enacted by Statewide Initiative --
256 Proposition 2, Nov. 6, 2018)
257 26-61a-507, (Renumbered from 26-60b-506, as enacted by Statewide Initiative --
258 Proposition 2, Nov. 6, 2018)
259 26-61a-702, (Renumbered from 26-60b-601, as enacted by Statewide Initiative --
260 Proposition 2, Nov. 6, 2018)
261 26-61a-703, (Renumbered from 26-60b-602, as enacted by Statewide Initiative --
262 Proposition 2, Nov. 6, 2018)
263 REPEALS:
264 4-41-201, as enacted by Laws of Utah 2018, Chapter 446
265 4-41-202, as enacted by Laws of Utah 2018, Chapter 446
266 4-41-203, as enacted by Laws of Utah 2018, Chapter 446
267 4-41-301, as enacted by Laws of Utah 2018, Chapter 446
268 4-41-302, as enacted by Laws of Utah 2018, Chapter 446
269 4-41-303, as enacted by Laws of Utah 2018, Chapter 446
270 4-41-304, as enacted by Laws of Utah 2018, Chapter 446
271 4-41b-104, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
272 4-43-101 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
273 4-43-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
274 4-43-201 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
275 4-43-202 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
276 4-43-203 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
277 4-43-301 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
278 4-43-401 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
279 4-43-402 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
280 4-43-501 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
281 4-43-502 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
282 4-43-503 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
283 4-43-601 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
284 4-43-602 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
285 4-43-701 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
286 4-43-702 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
287 4-43-703 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
288 4-43-801 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
289 26-60b-104, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
290 58-67-808 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
291 58-68-808 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
292 58-85-103.5, as enacted by Laws of Utah 2018, Chapter 333
293 58-88-101 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
294 58-88-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
295 58-88-103 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
296 58-88-104 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
297 59-12-104.7 (Repealed 01/01/19), as repealed by Laws of Utah 2018, Second Special
298 Session, Chapter 6
299 59-12-104.9 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
300 59-29-101 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
301 59-29-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
302 59-29-103 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
303 59-29-104 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
304 59-29-105 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
305 59-29-106 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
306 59-29-107 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
307 59-29-108 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
308 Utah Code Sections Affected by Revisor Instructions:
309 4-41a-106, Utah Code Annotated 1953
310 4-41a-201, Utah Code Annotated 1953
311 4-41a-301, (Renumbered from 4-41b-301, as enacted by Statewide Initiative --
312 Proposition 2, Nov. 6, 2018)
313 4-41a-401, (Renumbered from 4-41b-401, as enacted by Statewide Initiative --
314 Proposition 2, Nov. 6, 2018)
315 26-61a-114, Utah Code Annotated 1953
316 26-61a-202, (Renumbered from 26-60b-202, as enacted by Statewide Initiative --
317 Proposition 2, Nov. 6, 2018)
318 26-61a-301, (Renumbered from 26-60b-301, as enacted by Statewide Initiative --
319 Proposition 2, Nov. 6, 2018)
320 26-61a-401, (Renumbered from 26-60b-401, as enacted by Statewide Initiative --
321 Proposition 2, Nov. 6, 2018)
322 26-61a-602, Utah Code Annotated 1953
323 26-61a-606, Utah Code Annotated 1953
324
325 Be it enacted by the Legislature of the state of Utah:
326 Section 1. Section 4-41-102 is amended to read:
327 4-41-102. Definitions.
328 [
329 (1) "Agricultural pilot program" means a program to study the growth, cultivation, or
330 marketing of industrial hemp.
331 (2) "Cannabidiol product" means a chemical compound extracted from a hemp product
332 that:
333 (a) is processed into a medicinal dosage form; and
334 (b) contains less than 0.3% tetrahydrocannabinol by dry weight [
335
336 (3) "Industrial hemp" means any part of a cannabis plant, whether growing or not, with
337 a concentration of less than 0.3% tetrahydrocannabinol by dry weight.
338 (4) "Industrial hemp certificate" means a certificate issued by the department to a
339 higher education institution to grow or cultivate industrial hemp under Subsection 4-41-103(1).
340 (5) "Industrial hemp license" means a license issued by the department to a person for
341 the purpose of participating in a research pilot program.
342 (6) "Industrial hemp product" means a product derived from, or made by, processing
343 industrial hemp plants or industrial hemp parts.
344 (7) "Licensee" means an individual or business entity possessing a license issued by the
345 department under this chapter to grow, cultivate, process, or market industrial hemp or an
346 industrial hemp product.
347 (8) "Medicinal dosage form" means [
348
349 (a) a tablet;
350 (b) a capsule;
351 (c) a concentrated oil;
352 (d) a sublingual preparation;
353 (e) a topical preparation;
354 (f) a transdermal preparation;
355 (g) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular
356 cuboid shape; or
357 (h) other preparations that the department approves.
358 (9) "Person" means:
359 (a) an individual, partnership, association, firm, trust, limited liability company, or
360 corporation; and
361 (b) an agent or employee of an individual, partnership, association, firm, trust, limited
362 liability company, or corporation.
363 (10) "Research pilot program" means a program conducted by the department in
364 collaboration with at least one licensee to study methods of cultivating, processing, or
365 marketing industrial hemp.
366 Section 2. Section 4-41a-101, which is renumbered from Section 4-41b-101 is
367 renumbered and amended to read:
368
369
370 [
371 [
372 Section 3. Section 4-41a-102, which is renumbered from Section 4-41b-102 is
373 renumbered and amended to read:
374 [
375 As used in this chapter:
376 (1) "Cannabis" means the same as that term is defined in Section [
377 26-61a-102.
378 (2) "Cannabis cultivation facility" means a person that:
379 (a) possesses cannabis;
380 (b) grows or intends to grow cannabis; and
381 (c) sells or intends to sell cannabis to a cannabis [
382 cultivation facility or to a cannabis [
383 (3) "Cannabis cultivation facility agent" means an individual who:
384 (a) is an [
385 cannabis cultivation facility[
386 (b) holds a valid cannabis production establishment agent registration card.
387 [
388
389 [
390
391 [
392 (a) acquires or intends to acquire cannabis from a cannabis production establishment or
393 a holder of an industrial hemp processor license under Title 4, Chapter 41, Hemp and
394 Cannabidiol Act;
395 (b) possesses cannabis with the intent to manufacture a cannabis product;
396 (c) manufactures or intends to manufacture a cannabis product from unprocessed
397 cannabis or a cannabis extract; and
398 (d) sells or intends to sell a cannabis product to a medical cannabis [
399 pharmacy or the state central fill medical cannabis pharmacy.
400 [
401 (a) is an [
402 cannabis processing facility[
403 (b) holds a valid cannabis production establishment agent registration card.
404 [
405 [
406 [
407 cannabis processing facility, or an independent cannabis testing laboratory.
408 [
409 facility agent, a cannabis processing facility agent, or an independent cannabis testing
410 laboratory agent.
411 [
412 registration card[
413 (a) authorizes an individual to act as a cannabis production establishment agent; and
414 (b) designates the type of cannabis production establishment for which an individual is
415 authorized to act as an agent.
416 [
417 library, a public playground, or a public park.
418 (11) "Department" means the Department of Agriculture and Food.
419 (12) "Family member" means a parent, step-parent, spouse, child, sibling, step-sibling,
420 uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
421 sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
422 (13) "Independent cannabis testing laboratory" means a person that:
423 (a) conducts a chemical or other analysis of cannabis or a cannabis product; or
424 (b) acquires, possesses, and transports cannabis or a cannabis product with the intent to
425 conduct a chemical or other analysis of the cannabis or cannabis product.
426 (14) "Independent cannabis testing laboratory agent" means an individual who:
427 (a) is an [
428 independent cannabis testing laboratory[
429 (b) holds a valid cannabis production establishment agent registration card.
430 (15) "Inventory control system" means [
431 4-41a-103.
432 (16) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
433 [
434 [
435 (18) "Medical cannabis pharmacy" means the same as that term is defined in Section
436 26-61a-102.
437 (19) "Medical cannabis pharmacy agent" means the same as that term is defined in
438 Section 26-61a-102.
439 [
440
441 (20) "Medical cannabis treatment" means the same as that term is defined in Section
442 26-61a-102.
443 (21) "Medicinal dosage form" means the same as that term is defined in Section
444 26-61a-102.
445 [
446 defined in Section [
447 (23) "Qualified Production Enterprise Fund" means the fund created in Section
448 4-41a-104.
449 (24) "State central fill agent" means the same as that term is defined in Section
450 26-61a-102.
451 (25) "State central fill medical cannabis pharmacy" means the same as that term is
452 defined in Section 26-61a-102.
453 (26) "State central fill shipment" means the same as that term is defined in Section
454 26-61a-102.
455 [
456 [
457 (28) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic
458 equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
459 (29) "Total composite tetrahydrocannabinol" means delta-9-tetrahydrocannabinol and
460 tetrahydrocannabinolic acid.
461 Section 4. Section 4-41a-103, which is renumbered from Section 4-41b-103 is
462 renumbered and amended to read:
463 [
464 (1) [
465 [
466 inventory control system that meets the requirements of this section.
467 (2) [
468 state central fill medical cannabis pharmacy shall ensure that the inventory control system
469 [
470 (a) tracks cannabis using a unique identifier, in real time, from the point that a cannabis
471 plant is eight inches tall[
472 form of unprocessed cannabis or a cannabis product, to an individual with a medical cannabis
473 card[
474 (b) maintains in real time a record of the amount of cannabis and cannabis products in
475 the [
476
477 (c) includes a video recording system that:
478 [
479 [
480 [
481 (iii) stores a video record for at least 45 days[
482
483 (d) preserves compatibility with the state electronic verification system described in
484 Section 26-61a-103.
485 [
486 pharmacy, and the state central fill medical cannabis pharmacy shall allow the department or
487 the Department of Health access to the cannabis production establishment's [
488 cannabis [
489 control system [
490 [
491 system by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
492 Rulemaking Act.
493 (5) (a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
494 Administrative Rulemaking Act, establishing requirements for aggregate or batch records
495 regarding the planting and propagation of cannabis before being tracked in an inventory control
496 system described in this section.
497 (b) The department shall ensure that the rules described in Subsection (5)(a) address
498 record-keeping for the amount of planted seed, number of cuttings taken, date and time of
499 cutting and planting, number of plants established, and number of plants culled or dead.
500 Section 5. Section 4-41a-104 is enacted to read:
501 4-41a-104. Qualified Production Enterprise Fund -- Creation -- Revenue
502 neutrality.
503 (1) There is created an enterprise fund known as the "Qualified Production Enterprise
504 Fund."
505 (2) The fund created in this section is funded from:
506 (a) money the department deposits into the fund under this chapter;
507 (b) appropriations the Legislature makes to the fund; and
508 (c) the interest described in Subsection (3).
509 (3) Interest earned on the Qualified Production Enterprise Fund shall be deposited into
510 the fund.
511 (4) The department may only use money in the fund to fund the department's
512 implementation of this chapter.
513 (5) The department shall set fees authorized under this chapter in amounts that the
514 department anticipates are necessary, in total, to cover the department's cost to implement this
515 chapter.
516 Section 6. Section 4-41a-105 is enacted to read:
517 4-41a-105. Agreement with a tribe.
518 (1) As used in this section, "tribe" means a federally recognized Indian tribe or Indian
519 band.
520 (2) (a) In accordance with this section, the governor may enter into an agreement with a
521 tribe to allow for the operation of a cannabis production establishment on tribal land located
522 within the state.
523 (b) An agreement described in Subsection (2)(a) may not exempt any person from the
524 requirements of this chapter.
525 (c) The governor shall ensure that an agreement described in Subsection (2)(a):
526 (i) is in writing;
527 (ii) is signed by:
528 (A) the governor; and
529 (B) the governing body of the tribe that the tribe designates and has the authority to
530 bind the tribe to the terms of the agreement;
531 (iii) states the effective date of the agreement;
532 (iv) provides that the governor shall renegotiate the agreement if the agreement is or
533 becomes inconsistent with a state statute; and
534 (v) includes any accommodation that the tribe makes:
535 (A) to which the tribe agrees; and
536 (B) that is reasonably related to the agreement.
537 (d) Before executing an agreement under this Subsection (2), the governor shall consult
538 with the department.
539 (e) At least 30 days before the execution of an agreement described in this Subsection
540 (2), the governor or the governor's designee shall provide a copy of the agreement in the form
541 in which the agreement will be executed to:
542 (i) the chairs of the Native American Legislative Liaison Committee; and
543 (ii) the Office of Legislative Research and General Counsel.
544 Section 7. Section 4-41a-106 is enacted to read:
545 4-41a-106. Severability clause.
546 (1) If a final decision of a court of competent jurisdiction holds invalid any provision
547 of this title or this bill or the application of any provision of this title or this bill to any person
548 or circumstance, the remaining provisions of this title and this bill remain effective without the
549 invalidated provision or application.
550 (2) The provisions of this title and this bill are severable.
551 Section 8. Section 4-41a-201, which is renumbered from Section 4-41b-201 is
552 renumbered and amended to read:
553
554 [
555 (1) A person may not operate a cannabis production establishment without a license
556 [
557 (2) (a) Subject to Subsections (6) [
558 4-41a-205, the department shall, [
559 accordance with Title 63G, Chapter 6a, Utah Procurement Code, issue a license to operate a
560 cannabis production establishment to [
561 under this section.
562 (b) An applicant is eligible for a license under this section if the applicant submits to
563 the department:
564 [
565 4-41a-406(1)(a) or (b), where the [
566 establishment that is not within [
567 feet of an area zoned [
568 entrance to the cannabis production establishment by following the shortest route of ordinary
569 pedestrian travel to the property boundary of the community location or residential area, unless
570 the relevant county or municipality recommends in writing that the department waive the
571 community location proximity limit;
572 [
573 (A) a financial or voting interest of [
574 cannabis production establishment; or [
575 (B) the power to direct or cause the management or control of a proposed [
576 cannabis production establishment;
577 [
578 (A) complies with Section [
579 (B) includes operating procedures [
580 chapter and [
581 person is located adopts that is consistent with Section [
582 (C) the department approves;
583 [
584 evidence that the applicant has obtained and maintains a performance bond that a surety
585 authorized to transact surety business in the state issues in an amount of at least:
586 (A) [
587 for which the [
588 (B) [
589 independent cannabis testing laboratory for which the [
590 [
591
592
593 [
594 establishment would be located requires a local land use permit [
595 applicant's approved application for the local land use permit [
596 [
597 4-41a-104(5), the department sets in accordance with Section 63J-1-504[
598
599 (3) If the department [
600 approves an application for a license under this section[
601 (a) the applicant shall pay the department [
602 initial license fee in an amount [
603 department sets in accordance with Section 63J-1-504[
604 (b) the department shall notify the Department of Public Safety of the license approval
605 and the names of each individual described in Subsection (2)(b)(ii).
606 (4) (a) Except as provided in Subsection [
607 separate license for each type of cannabis production establishment and each location of a
608 cannabis production establishment.
609 [
610 cannabis processing facility license to a person to operate at the same physical location or at
611 separate physical locations.
612 (5) If the department receives more than one application for a cannabis production
613 establishment within the same city or town, the department shall consult with the local land use
614 authority before approving any of the applications pertaining to that city or town.
615 (6) The department may not issue a license to operate an independent cannabis testing
616 laboratory to a person who:
617 (a) [
618 [
619
620 (b) [
621 member holds a license or has an ownership interest in a medical cannabis [
622 pharmacy, a cannabis processing facility, or a cannabis cultivation facility; or
623 (c) [
624 physical location as a medical cannabis [
625 or a cannabis cultivation facility.
626 (7) The department may not issue a license to operate a cannabis production
627 establishment to an applicant if any individual [
628
629
630 (a) has been convicted [
631 law[
632 (i) a felony; or
633 (ii) after the effective date of this bill, a misdemeanor for drug distribution; or
634 (b) is [
635 (8) If an applicant for a cannabis production establishment license under this section
636 holds a license under Title 4, Chapter 41, Hemp and Cannabidiol Act, or Title 26, Chapter 61a,
637 Utah Medical Cannabis Act, the department:
638 (a) shall consult with the Department of Health regarding the applicant if the license
639 the applicant holds is a license under Title 26, Chapter 61a, Utah Medical Cannabis Act; and
640 (b) may not give preference to the applicant based on the applicant's status as a holder
641 of a license described in this Subsection (8).
642 [
643 (a) if the cannabis production establishment [
644 production operations within one year [
645 department issues the initial license[
646 (b) after the cannabis production establishment makes the same violation of this
647 chapter three times; or
648 (c) if any individual described in Subsection (2)(b) is convicted, while the license is
649 active, under state or federal law of:
650 (i) a felony; or
651 (ii) after the effective date of this bill, a misdemeanor for drug distribution.
652 [
653 department imposes under this section [
654 Qualified Production Enterprise Fund.
655 [
656
657 (12) The department's authority to issue a license under this section is plenary and is
658 not subject to review.
659 Section 9. Section 4-41a-202, which is renumbered from Section 4-41b-302 is
660 renumbered and amended to read:
661 [
662 directors -- Criminal background checks.
663 (1) Each applicant for a license as a cannabis production establishment shall submit to
664 the department, at the time of application, from each individual who has a financial or voting
665 interest of [
666 the management or control of the applicant:
667 (a) a fingerprint card in a form acceptable to the [
668 Public Safety;
669 (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
670 registration of the individual's fingerprints in the Federal Bureau of Investigation Next
671 Generation Identification System's Rap Back Service; and
672 [
673 (i) the Utah Bureau of Criminal Identification; and
674 (ii) the Federal Bureau of Investigation.
675 [
676
677
678 (2) The Bureau of Criminal Identification shall:
679 (a) check the fingerprints the applicant submits under Subsection (1) against the
680 applicable state, regional, and national criminal records databases, including the Federal
681 Bureau of Investigation Next Generation Identification System;
682 (b) report the results of the background check to the department;
683 (c) maintain a separate file of fingerprints that applicants submit under Subsection (1)
684 for search by future submissions to the local and regional criminal records databases, including
685 latent prints;
686 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
687 Generation Identification System's Rap Back Service for search by future submissions to
688 national criminal records databases, including the Next Generation Identification System and
689 latent prints; and
690 (e) establish a privacy risk mitigation strategy to ensure that the department only
691 receives notifications for an individual with whom the department maintains an authorizing
692 relationship.
693 (3) The department shall:
694 (a) assess an individual who submits fingerprints under Subsection (1) a fee in an
695 amount that the department sets in accordance with Section 63J-1-504 for the services that the
696 Bureau of Criminal Identification or another authorized agency provides under this section; and
697 (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
698 Identification.
699 Section 10. Section 4-41a-203, which is renumbered from Section 4-41b-202 is
700 renumbered and amended to read:
701 [
702 [
703 4-41a-201 every [
704 [
705 4-41a-201; [
706 [
707 [
708 with Section 63J-1-504[
709 (3) if the cannabis production establishment changes the operating plan described in
710 Section 4-41a-204 that the department approved under Subsection 4-41a-201(2)(b)(iii), the
711 department approves the new operating plan.
712 Section 11. Section 4-41a-204, which is renumbered from Section 4-41b-203 is
713 renumbered and amended to read:
714 [
715 (1) A person applying for a cannabis production [
716 license renewal shall submit to the department for the department's review a proposed
717 [
718 (a) a description of the physical characteristics of the proposed facility, including a
719 floor plan and an architectural elevation;
720 (b) a description of the credentials and experience of:
721 (i) each officer, director, [
722 establishment; and
723 (ii) any highly skilled or experienced prospective employee;
724 (c) the cannabis production establishment's employee training standards;
725 (d) a security plan;
726 (e) a description of the cannabis production establishment's inventory control system,
727 including a [
728 the state electronic verification system described in Section 26-61a-103;
729 (f) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
730 manner that is sanitary and preserves the integrity of the cannabis;
731 [
732 [
733 and
734 [
735 Subsection (4).
736 (2) (a) A cannabis cultivation facility shall ensure that the facility's operating plan
737 [
738 (i) cannabis cultivation practices, including the [
739 intended pesticide use[
740 (ii) subject to Subsection (2)(b), acreage or square footage under cultivation[
741 anticipated cannabis yield.
742 (b) Except as provided in Subsection (2)(c) or (d):
743 (i) a cannabis cultivation facility that cultivates cannabis indoors may not:
744 (A) use more than 100,000 square feet for cultivation; or
745 (B) hang, suspend, stack or otherwise position plants above other plants to cultivate
746 more plants through use of vertical space; and
747 (ii) a cannabis cultivation facility that cultivates cannabis outdoors may not use more
748 than four acres for cultivation.
749 (c) (i) Each licensee may annually apply to the department for authorization to exceed
750 the cannabis cultivation facility's current cultivation size limitation by up to 20%.
751 (ii) The department may, after conducting a review as described in Subsection
752 4-41a-205(2)(a), grant the authorization described in Subsection (2)(c)(i).
753 (d) If a licensee describes an intended acreage or square footage under cultivation
754 under Subsection (2)(a)(ii) that is less than the limitation described in Subsection (2)(b):
755 (i) the licensee may not cultivate more than the licensee's identified intended acreage or
756 square footage under cultivation; and
757 (ii) notwithstanding Subsection (2)(b), the department may allocate the remaining
758 difference in acreage or square footage under cultivation to another licensee.
759 (3) A cannabis processing facility's operating plan shall include the [
760
761 facility's intended [
762
763
764 (a) offered variety of cannabis product;
765 (b) cannabinoid extraction method;
766 (c) cannabinoid extraction equipment;
767 (d) processing equipment;
768 (e) processing techniques; and
769 (f) sanitation and manufacturing safety procedures for items for human consumption.
770 (4) An independent cannabis testing laboratory's operating plan shall include the
771 [
772 (a) cannabis and cannabis product testing capability [
773 (b) cannabis and cannabis product testing equipment[
774 (c) testing methods, standards, practices, and procedures for testing cannabis and
775 cannabis products.
776 Section 12. Section 4-41a-205, which is renumbered from Section 4-41b-204 is
777 renumbered and amended to read:
778 [
779 facilities.
780 (1) Except as [
781 issue [
782 (2) (a) [
783 licenses to operate a cannabis cultivation [
784 described in Subsection (1) if the department determines, in consultation with the Department
785 of Health and after an annual or more frequent analysis of the current and anticipated market
786 for [
787 medicinal dosage form, that each additional [
788 provide an adequate supply, quality, or variety of [
789 form and [
790
791 (b) If the recipient of one of the initial 10 licenses described in Subsection (1) ceases
792 operations or otherwise abandons the license, the department may but is not required to grant
793 the vacant license to another applicant based on an analysis as described in Subsection (2)(a).
794 (3) If there are more qualified applicants than [
795 licenses for cannabis cultivation facilities under Subsections (1) and (2), the department shall
796 evaluate the applicants and award the limited number of licenses described in Subsections (1)
797 and (2) to the applicants that best demonstrate:
798 (a) experience with establishing and successfully operating a business that involves:
799 (i) complying with a regulatory environment[
800 (ii) tracking inventory[
801 (iii) training, evaluating, and monitoring employees;
802 (b) an operating plan that will best ensure the safety and security of patrons and the
803 community;
804 (c) positive connections to the local community; and
805 (d) the extent to which the applicant can reduce the cost to patients of cannabis in a
806 medicinal dosage form or cannabis products [
807 (4) The department may conduct a face-to-face interview with an applicant for a
808 license that the department evaluates under Subsection (3).
809 Section 13. Section 4-41a-301, which is renumbered from Section 4-41b-301 is
810 renumbered and amended to read:
811
812 [
813 Registration.
814 (1) An individual may not act as a cannabis production establishment agent unless the
815 department registers the individual [
816 establishment agent.
817 (2) [
818 qualified medical provider, may not serve as a cannabis production establishment agent[
819 a financial or voting interest of 2% or greater in a cannabis production establishment, or have
820 the power to direct or cause the management or control of a cannabis production establishment:
821 (a) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
822 (b) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
823 Practice Act;
824 (c) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
825 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
826 (d) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
827 (3) An independent cannabis testing laboratory agent may not act as an agent for a
828 medical cannabis [
829 cannabis processing facility, or a cannabis cultivation facility.
830 (4) (a) The department shall, within 15 business days after [
831 the department receives a complete application from a cannabis production establishment on
832 behalf of a prospective cannabis production establishment agent, register and issue a cannabis
833 production establishment agent registration card to [
834 the cannabis production establishment:
835 [
836 (A) the [
837 (B) the name and location of a licensed cannabis production establishment where the
838 [
839 (C) the submission required under Subsection (4)(b); and
840 [
841 Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504[
842
843 (b) Each prospective agent described in Subsection (4)(a) shall:
844 (i) submit to the department:
845 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
846 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
847 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
848 Generation Identification System's Rap Back Service; and
849 (ii) consent to a fingerprint background check by:
850 (A) the Bureau of Criminal Identification; and
851 (B) the Federal Bureau of Investigation.
852 (c) The Bureau of Criminal Identification shall:
853 (i) check the fingerprints the prospective agent submits under Subsection (4)(b) against
854 the applicable state, regional, and national criminal records databases, including the Federal
855 Bureau of Investigation Next Generation Identification System;
856 (ii) report the results of the background check to the department;
857 (iii) maintain a separate file of fingerprints that prospective agents submit under
858 Subsection (4)(b) for search by future submissions to the local and regional criminal records
859 databases, including latent prints;
860 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
861 Generation Identification System's Rap Back Service for search by future submissions to
862 national criminal records databases, including the Next Generation Identification System and
863 latent prints; and
864 (v) establish a privacy risk mitigation strategy to ensure that the department only
865 receives notifications for an individual with whom the department maintains an authorizing
866 relationship.
867 (d) The department shall:
868 (i) assess an individual who submits fingerprints under Subsection (4)(b) a fee in an
869 amount that the department sets in accordance with Section 63J-1-504 for the services that the
870 Bureau of Criminal Identification or another authorized agency provides under this section; and
871 (ii) remit the fee described in Subsection (4)(d) to the Bureau of Criminal
872 Identification.
873 (5) The department shall designate, on an individual's cannabis production
874 establishment agent registration card:
875 (a) the name of the cannabis production establishment where the individual is
876 registered as an agent; and
877 (b) the type of cannabis production establishment for which the individual is
878 authorized to act as an agent.
879 (6) A cannabis production establishment agent shall comply with:
880 (a) a certification standard [
881 (b) [
882 department designates by rule [
883 Administrative Rulemaking Act.
884 (7) The department shall ensure that the certification standard described in Subsection
885 (6) [
886 (a) in Utah medical cannabis law;
887 (b) for a cannabis cultivation facility agent, in cannabis cultivation best practices;
888 (c) for a cannabis processing facility agent, in cannabis processing, [
889 manufacturing safety procedures for items for human consumption, and sanitation best
890 practices; and
891 (d) for an independent cannabis testing laboratory agent, in cannabis testing best
892 practices.
893 (8) [
894 applies for a cannabis production establishment agent registration card [
895 (a) the department may revoke or refuse to issue the card if the individual violates the
896 requirements of this chapter; [
897 (b) the department shall revoke or refuse to issue the card if the individual is convicted
898 [
899 (i) a felony; or
900 (ii) after the effective date of this bill, a misdemeanor for drug distribution.
901 (9) (a) A cannabis production establishment agent registration card expires two years
902 after the day on which the department issues the card.
903 (b) A cannabis production establishment agent may renew the agent's registration card
904 if the agent:
905 (i) is eligible for a cannabis production establishment registration card under this
906 section;
907 (ii) certifies to the department in a renewal application that the information in
908 Subsection (4)(a) is accurate or updates the information; and
909 (iii) pays to the department a renewal fee in an amount that:
910 (A) subject to Subsection 4-41a-104(5), the department sets in accordance with Section
911 63J-1-504; and
912 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
913 comparison to the original application process.
914 Section 14. Section 4-41a-302, which is renumbered from Section 4-41b-303 is
915 renumbered and amended to read:
916 [
917 registration card -- Rebuttable presumption.
918 (1) A cannabis production establishment agent [
919 department registers under Section [
920 production establishment agent registration card with the [
921 (a) the [
922 where the [
923 (b) the [
924 cannabis product in a medicinal dosage form, or a medical cannabis device between:
925 (i) two cannabis production establishments; or [
926 (ii) a cannabis production establishment and:
927 (A) a medical cannabis [
928 (B) the state central fill medical cannabis pharmacy; and
929 (c) if the cannabis production establishment agent is an agent of a cannabis cultivating
930 facility, the agent is transporting raw cannabis plants to a cannabis processing facility or an
931 independent cannabis testing laboratory.
932 (2) If [
933 medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis
934 device and produces the registration card in the agent's possession in compliance with
935 Subsection (1) while handling, at a cannabis production establishment, or transporting the
936 cannabis, [
937
938
939 Subsection (1):
940 (a) there is a rebuttable presumption that the [
941 cannabis product, or medical cannabis device legally; and
942 (b) a law enforcement officer does not have probable cause, based solely on the
943 [
944 medicinal dosage form, or medical cannabis device in compliance with Subsection (1), to
945 believe that the individual is engaging in illegal activity.
946 (3) (a) [
947 to carry the agent's cannabis production establishment agent registration card in accordance
948 with Subsection (1) is:
949 (i) for a first or second offense in a two-year period:
950 [
951 [
952 (ii) for a third or subsequent offense in a two-year period:
953 (A) guilty of a class C misdemeanor; and
954 (B) subject to a $750 fine.
955 (b) (i) The prosecuting entity shall notify the department and the relevant cannabis
956 production establishment of each conviction under Subsection (3)(a).
957 (ii) For each violation described in Subsection (3)(a)(ii), the department may assess the
958 relevant cannabis production establishment a fine of up to $5,000, in accordance with a fine
959 schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
960 Administrative Rulemaking Act.
961 (c) An individual who is guilty of a violation described in Subsection (3)(a) is not
962 guilty for a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
963 underlying the violation described in Subsection (3)(a).
964 Section 15. Section 4-41a-401, which is renumbered from Section 4-41b-401 is
965 renumbered and amended to read:
966
967 [
968 operating requirements.
969 (1) (a) A cannabis production establishment shall operate in accordance with the
970 operating plan [
971 4-41a-201 and 4-41a-204.
972 (b) A cannabis production establishment shall notify the department before a change in
973 the cannabis production establishment's operating plan.
974 (c) (i) If a cannabis production establishment changes the cannabis production
975 establishment's operating plan, the establishment shall ensure that the new operating plan
976 complies with this chapter.
977 (ii) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
978 Utah Administrative Rulemaking Act, a process to:
979 (A) review a change notification described in Subsection (1)(b);
980 (B) identify for the cannabis production establishment each point of noncompliance
981 between the new operating plan and this chapter;
982 (C) provide an opportunity for the cannabis production establishment to address each
983 identified point of noncompliance; and
984 (D) suspend or revoke a license if the cannabis production establishment fails to cure
985 the noncompliance.
986 (2) A cannabis production establishment shall operate:
987 (a) except as provided in Subsection (5), in a facility that is accessible only by an
988 individual with a valid cannabis production establishment agent registration card issued under
989 Section [
990 (b) at the physical address provided to the department under Section [
991 4-41a-201.
992 (3) A cannabis production establishment may not employ [
993 who is younger than 21 years [
994 (4) A cannabis production establishment [
995
996
997
998 (a) a felony; or
999 (b) after the effective date of this bill, a misdemeanor for drug distribution.
1000 (5) A cannabis production establishment may authorize an individual who is at least 18
1001 years old and is not a cannabis production establishment agent to access the cannabis
1002 production establishment if the cannabis production establishment:
1003 (a) tracks and monitors the individual at all times while the individual is at the
1004 cannabis production establishment; and
1005 (b) maintains a record of the individual's access, including arrival and departure.
1006 (6) A cannabis production establishment shall operate in a facility that has:
1007 (a) a single, secure public entrance;
1008 (b) a security system with a backup power source that:
1009 (i) detects and records entry into the cannabis production establishment; and
1010 (ii) provides notice of an unauthorized entry to law enforcement when the cannabis
1011 production establishment is closed; and
1012 (c) a lock or equivalent restrictive security feature on any area where the cannabis
1013 production establishment stores cannabis or a cannabis product.
1014 Section 16. Section 4-41a-402, which is renumbered from Section 4-41b-402 is
1015 renumbered and amended to read:
1016 [
1017 (1) The department may inspect the records and facility of a cannabis production
1018 establishment at any time [
1019 production establishment complies with [
1020 (2) (a) An inspection under this section may include:
1021 (i) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
1022 physical or electronic information;
1023 (ii) questioning of any relevant individual;
1024 (iii) observation of an independent cannabis testing laboratory's methods, standards,
1025 practices, and procedures;
1026 (iv) the taking of a specimen of cannabis or cannabis products sufficient for testing
1027 purposes; or
1028 (v) inspection of equipment, an instrument, a tool, or machinery, including a container
1029 or label.
1030 (b) Notwithstanding Section 4-41a-404, an authorized department employee may
1031 possess and transport a specimen of cannabis or cannabis products for testing described in
1032 Subsection (2)(a).
1033 (3) In making an inspection under this section, the department may freely access any
1034 area and review and make copies of a book, record, paper, document, data, or other physical or
1035 electronic information, including financial data, sales data, shipping data, pricing data, and
1036 employee data.
1037 (4) Failure to provide the department or the department's authorized agents immediate
1038 access to records and facilities during business hours in accordance with this section may result
1039 in:
1040 (a) the imposition of a civil monetary penalty that the department sets in accordance
1041 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1042 (b) license or registration suspension or revocation; or
1043 (c) an immediate cessation of operations under a cease and desist order that the
1044 department issues.
1045 Section 17. Section 4-41a-403, which is renumbered from Section 4-41b-403 is
1046 renumbered and amended to read:
1047 [
1048 (1) A cannabis production establishment may not advertise to the general public in any
1049 medium.
1050 (2) Notwithstanding Subsection (1), a cannabis production establishment may advertise
1051 an employment [
1052 Section 18. Section 4-41a-404, which is renumbered from Section 4-41b-404 is
1053 renumbered and amended to read:
1054 [
1055 device transportation.
1056 (1) [
1057
1058 (a) Only the following individuals may [
1059 form, a cannabis product in a medicinal dosage form, or a medical cannabis device [
1060
1061 [
1062 [
1063 transporting a medical cannabis treatment that the cardholder is authorized to possess under
1064 this chapter.
1065 (b) Only an agent of a cannabis cultivating facility, when the agent is transporting
1066 cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory,
1067 may transport unprocessed cannabis outside of a medicinal dosage form.
1068 (2) Except for an individual with a valid medical cannabis card [
1069 Title 26, Chapter [
1070 [
1071 transportation manifest that:
1072 (a) includes a unique identifier that links the cannabis, cannabis product, or medical
1073 cannabis device to a relevant inventory control system;
1074 (b) includes origin and destination information for any cannabis, cannabis product, or
1075 medical cannabis device that the individual is transporting; and
1076 (c) [
1077 transporting the cannabis, cannabis product, or medical cannabis device.
1078 (3) (a) In addition to the requirements in Subsections (1) and (2), the department may
1079 establish[
1080 Rulemaking Act, requirements for transporting cannabis in a medicinal dosage form, a
1081 cannabis product in a medicinal dosage form, or a medical cannabis device to ensure that [
1082
1083 cannabis device remains safe for human consumption.
1084 (b) The transportation described in Subsection (3)(a) is limited to transportation:
1085 (i) between a cannabis cultivation facility and:
1086 (A) another cannabis cultivation facility; or
1087 (B) a cannabis processing facility; and
1088 (ii) between a cannabis processing facility and:
1089 (A) another cannabis processing facility;
1090 (B) an independent cannabis testing laboratory; or
1091 (C) a medical cannabis pharmacy.
1092 (4) (a) [
1093
1094 make a transport described in this section with a manifest that does not meet the requirements
1095 of this section [
1096 (b) Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is:
1097 [
1098 [
1099 (c) An individual who is guilty of a violation described in Subsection (4)(b) is not
1100 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1101 underlying the violation described in Subsection (4)(b).
1102 (d) If the agent described in Subsection (4)(a) is transporting more cannabis, cannabis
1103 product, or medical cannabis devices than the manifest identifies, except for a de minimis
1104 administrative error:
1105 (i) the penalty described in Subsection (4)(b) does not apply; and
1106 (ii) the agent is subject to penalties under Title 58, Chapter 37, Utah Controlled
1107 Substances Act.
1108 (5) Nothing in this section prevents the department from taking administrative
1109 enforcement action against a cannabis production establishment or another person for failing to
1110 make a transport in compliance with the requirements of this section.
1111 Section 19. Section 4-41a-405 is enacted to read:
1112 4-41a-405. Excess and disposal.
1113 (1) As used in this section, "medical cannabis waste" means waste and unused material
1114 from the cultivation and production of medical cannabis.
1115 (2) A cannabis production establishment shall:
1116 (a) render medical cannabis waste unusable and unrecognizable before transporting the
1117 medical cannabis waste from the cannabis production establishment; and
1118 (b) dispose of medical cannabis waste in accordance with:
1119 (i) federal and state laws, rules, and regulations related to hazardous waste;
1120 (ii) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
1121 (iii) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
1122 (iv) other regulations that the department makes in accordance with Title 63G, Chapter
1123 3, Utah Administrative Rulemaking Act.
1124 (3) An individual may not transport or dispose of medical cannabis waste other than as
1125 provided in this section.
1126 Section 20. Section 4-41a-406, which is renumbered from Section 4-41b-405 is
1127 renumbered and amended to read:
1128 [
1129 (1) [
1130
1131
1132
1133 (a) If a municipality's or county's zoning ordinances provide for an industrial zone, the
1134 municipality or county shall ensure that the ordinances allow for cannabis production
1135 establishments in at least one type of industrial zone.
1136 (b) If a municipality's or county's zoning ordinances provide for an agricultural zone,
1137 the municipality or county shall ensure that the ordinances allow for cannabis production
1138 establishments in at least one type of agricultural zone.
1139 (2) (a) A municipality or county may not deny or revoke a land use permit [
1140 to operate a cannabis production facility on the sole basis that the applicant or cannabis
1141 production establishment violates [
1142 of cannabis.
1143 (b) A municipality or county may not deny or revoke a business license to operate a
1144 cannabis production facility on the sole basis that the applicant or cannabis production
1145 establishment violates federal law regarding the legal status of cannabis.
1146 Section 21. Section 4-41a-501, which is renumbered from Section 4-41b-501 is
1147 renumbered and amended to read:
1148
1149 [
1150 requirements.
1151 (1) A cannabis cultivation facility shall ensure that any cannabis growing at the
1152 cannabis cultivation facility is not visible [
1153 facility perimeter.
1154 (2) A cannabis cultivation facility shall use a unique identifier that is connected to the
1155 cannabis cultivation facility's inventory control system [
1156 (a) beginning at the time a cannabis plant is [
1157 each cannabis plant;
1158 (b) each unique harvest of cannabis plants;
1159 (c) each batch of cannabis [
1160 [
1161 facility, or an independent cannabis testing laboratory; and
1162 (d) [
1163 cannabis cultivation facility disposes.
1164 Section 22. Section 4-41a-502, which is renumbered from Section 4-41b-502 is
1165 renumbered and amended to read:
1166 [
1167 packaging.
1168 For any cannabis that a cannabis cultivation facility cultivates or otherwise produces
1169 and subsequently ships to another cannabis production establishment, the facility shall:
1170 (1) [
1171 identification number that is connected to the inventory control system; and [
1172
1173
1174 (2) package the cannabis in a container that is:
1175 (a) [
1176 (b) [
1177 [
1178 [
1179
1180 Section 23. Section 4-41a-601, which is renumbered from Section 4-41b-601 is
1181 renumbered and amended to read:
1182
1183 [
1184 requirements -- General.
1185 [
1186 cannabis processing facility sells complies with the requirements of this part.
1187 [
1188
1189
1190 Section 24. Section 4-41a-602, which is renumbered from Section 4-41b-602 is
1191 renumbered and amended to read:
1192 [
1193 packaging.
1194 (1) [
1195 produces, the facility shall [
1196 (a) label the cannabis product with a label that:
1197 [
1198 [
1199 cannabidiol in the [
1200 [
1201 [
1202 [
1203 cannabis processing facility used to manufacture the cannabis product [
1204 [
1205 facility used to create the cannabis product;
1206 [
1207 [
1208 [
1209 prominence, and possible [
1210 [
1211 medicinal dosage form in a container that:
1212 [
1213 [
1214 (iii) [
1215 [
1216 [
1217 United States Consumer Product Safety Commission[
1218 (vi) includes a warning label that states: "WARNING: Cannabis has intoxicating
1219 effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP
1220 OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed
1221 by a qualified medical provider."
1222 (2) For any cannabis or cannabis product that the cannabis processing facility processes
1223 into a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular
1224 cuboid shape, the facility shall:
1225 (a) ensure that the label described in Subsection (1)(a) does not contain a photograph or
1226 other image of the content of the container; and
1227 (b) include on the label described in Subsection (1)(a) a warning about the risks of
1228 over-consumption.
1229 (3) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
1230 Administrative Rulemaking Act, establishing a standard labeling format that:
1231 (a) complies with the requirements of this section; and
1232 (b) ensures inclusion of a pharmacy label.
1233 Section 25. Section 4-41a-603, which is renumbered from Section 4-41b-603 is
1234 renumbered and amended to read:
1235 [
1236 (1) A cannabis processing facility may not produce a cannabis product in a physical
1237 form that:
1238 (a) [
1239 (b) is designed to mimic or could be mistaken for [
1240 (c) for a product used in vaporization, includes a candy-like flavor or another flavor
1241 that the facility knows or should know appeals to children.
1242 [
1243
1244
1245 [
1246 cannabinoid profile by up to [
1247 weight.
1248 [
1249 Chapter 3, Utah Administrative Rulemaking Act, human safety standards for [
1250 manufacturing of cannabis products that are consistent[
1251
1252 Section 26. Section 4-41a-701, which is renumbered from Section 4-41b-701 is
1253 renumbered and amended to read:
1254
1255 [
1256 (1) [
1257 pharmacy may not offer any cannabis or cannabis product [
1258
1259 representative sample of the cannabis or cannabis product [
1260
1261 (a) (i) the amount of total composite tetrahydrocannabinol and cannabidiol in the
1262 cannabis or cannabis product; and
1263 (ii) the amount of any other cannabinoid in the cannabis or cannabis product that the
1264 label claims the cannabis or cannabis product contains;
1265 (b) that the presence of contaminants, including mold, fungus, pesticides, microbial
1266 contaminants, heavy metals, or foreign material, does not exceed an amount that is safe for
1267 human consumption; and
1268 (c) for a cannabis product that is manufactured using a process that involves extraction
1269 using hydrocarbons, that the cannabis product does not contain [
1270 residual solvent that is not safe for human consumption.
1271 (2) [
1272 Chapter 3, Utah Administrative Rulemaking Act, the department:
1273 (i) may determine the amount of [
1274 Subsections (1)(b) and (c) that is safe for human consumption[
1275 (ii) shall establish protocols for a recall of cannabis or a cannabis product by a cannabis
1276 production establishment.
1277 (3) The department may require testing for a toxin if:
1278 (a) the department receives information indicating the potential presence of a toxin; or
1279 (b) the department's inspector has reason to believe a toxin may be present based on the
1280 inspection of a facility.
1281 (4) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
1282 Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the
1283 testing of cannabis and cannabis products by independent cannabis testing laboratories.
1284 (5) The department may require an independent cannabis testing laboratory to
1285 participate in a proficiency evaluation that the department conducts or that an organization that
1286 the department approves conducts.
1287 Section 27. Section 4-41a-702, which is renumbered from Section 4-41b-702 is
1288 renumbered and amended to read:
1289 [
1290 department.
1291 (1) If an independent cannabis testing laboratory determines that the results of a lab test
1292 indicate that a cannabis or cannabis product batch may be unsafe for human [
1293
1294 (a) the independent cannabis testing laboratory shall:
1295 [
1296 [
1297 [
1298 product batch; and
1299 [
1300 two weeks in order to investigate the cause of the defective batch and to make a determination;
1301 and
1302 [
1303 cannabis product batch [
1304 (1)(a)(ii) to the department.
1305 (2) If[
1306 or following an appeal under Subsection (1)(b), that a cannabis or cannabis product prepared
1307 by a cannabis production establishment is unsafe for human consumption, the department may
1308 seize, embargo, or destroy, in the same manner as a cannabis production establishment under
1309 Section 4-41a-405, the cannabis or cannabis product batch.
1310 (3) If an independent cannabis testing laboratory determines that the results of a lab test
1311 indicate that the cannabinoid content of a cannabis or cannabis product batch diverges more
1312 than 10% from the amounts the label indicates, the cannabis processing facility may not sell the
1313 cannabis or cannabis product batch unless the facility replaces the incorrect label with a label
1314 that correctly indicates the cannabinoid content.
1315 Section 28. Section 4-41a-801, which is renumbered from Section 4-41b-801 is
1316 renumbered and amended to read:
1317 [
1318 (1) [
1319 cannabis production establishment or a cannabis production establishment agent violates this
1320 chapter, the department may:
1321 (a) revoke the person's license or cannabis production establishment agent registration
1322 card;
1323 (b) [
1324 agent registration card; or
1325 (c) assess the person an administrative penalty that the department establishes by rule
1326 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1327 (2) The department shall deposit an administrative penalty imposed under this section
1328 [
1329 (3) (a) The department may take an action described in Subsection (3)(b) if the
1330 department concludes, upon [
1331 production establishment or a cannabis production establishment agent:
1332 (i) the person has violated the provisions of this chapter, a rule made under this
1333 chapter, or an order issued under this chapter; or
1334 (ii) the person produced cannabis or a cannabis product batch that contains a substance,
1335 other than cannabis, that poses a significant threat to human health.
1336 (b) If the department makes the determination about a person described in Subsection
1337 (3)(a), the department shall:
1338 (i) issue the person a written administrative citation;
1339 (ii) attempt to negotiate a stipulated settlement;
1340 (iii) seize, embargo, or destroy the cannabis or cannabis product batch; [
1341 (iv) order the person to cease and desist from the action that creates a violation; and
1342 [
1343 under Title 63G, Chapter 4, Administrative Procedures Act.
1344 (4) The department may, for a person subject to an uncontested citation, a stipulated
1345 settlement, or a finding of a violation in an adjudicative proceeding under this section[
1346 a fine amount not already specified in law, assess the person, who is not an individual, a fine[
1347
1348 with a fine schedule [
1349 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[
1350 [
1351 (5) The department may not revoke a cannabis production establishment's license
1352 without first [
1353 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1354 (6) If within 20 calendar days after the day on which a department serves a citation for
1355 a violation of this chapter, the person that is the subject of the citation fails to request a hearing
1356 to contest the citation, the citation becomes the department's final order.
1357 (7) The department may, for a person who fails to comply with a citation under this
1358 section:
1359 (a) refuse to issue or renew the person's license or cannabis production establishment
1360 agent registration card; or
1361 (b) suspend, revoke, or place on probation the person's license or cannabis production
1362 establishment registration card.
1363 (8) [
1364 (a) Except where a criminal penalty is expressly provided for a specific violation of
1365 this chapter, if an individual [
1366 (i) violates a provision of this chapter, the individual is:
1367 (A) guilty of an infraction[
1368 (B) subject to a $100 fine; or
1369 (ii) intentionally or knowingly violates a provision of this chapter or violates this
1370 chapter three or more times, the individual is:
1371 (A) guilty of a class B misdemeanor; and
1372 (B) subject to a $1,000 fine.
1373 (b) An individual who is guilty of a violation described in Subsection (8)(a) is not
1374 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1375 underlying the violation described in Subsection (8)(a).
1376 (9) Nothing in this section prohibits the department from referring potential criminal
1377 activity to law enforcement.
1378 Section 29. Section 4-41a-802, which is renumbered from Section 4-41b-802 is
1379 renumbered and amended to read:
1380 [
1381 (1) [
1382 report [
1383 (a) the number of applications and renewal applications [
1384 receives under this chapter;
1385 (b) the number of each type of cannabis production facility [
1386 department licenses in each county[
1387 (c) the amount of cannabis [
1388 (d) the amount of cannabis [
1389 products [
1390 (e) the number of licenses [
1391 (f) the expenses incurred and revenues generated [
1392 under this chapter.
1393 (2) The department may not include personally identifying information in the report
1394 described in this section.
1395 Section 30. Section 7-1-401 is amended to read:
1396 7-1-401. Fees payable to commissioner.
1397 (1) Except for an out-of-state depository institution with a branch in Utah, a depository
1398 institution under the jurisdiction of the department shall pay an annual fee:
1399 (a) computed by averaging the total assets of the depository institution shown on each
1400 quarterly report of condition for the depository institution for the calendar year immediately
1401 preceding the date on which the annual fee is due under Section 7-1-402; and
1402 (b) at the following rates:
1403 (i) on the first $5,000,000 of these assets, the greater of:
1404 (A) 65 cents per $1,000; or
1405 (B) $500;
1406 (ii) on the next $10,000,000 of these assets, 35 cents per $1,000;
1407 (iii) on the next $35,000,000 of these assets, 15 cents per $1,000;
1408 (iv) on the next $50,000,000 of these assets, 12 cents per $1,000;
1409 (v) on the next $200,000,000 of these assets, 10 cents per $1,000;
1410 (vi) on the next $300,000,000 of these assets, 6 cents per $1,000; and
1411 (vii) on all amounts over $600,000,000 of these assets, 2 cents per $1,000.
1412 (2) A financial institution with a trust department shall pay a fee determined in
1413 accordance with Subsection (7) for each examination of the trust department by a state
1414 examiner.
1415 (3) Notwithstanding Subsection (1), a credit union in its first year of operation shall
1416 pay a basic fee of $25 instead of the fee required under Subsection (1).
1417 (4) A trust company that is not a depository institution or a subsidiary of a depository
1418 institution holding company shall pay:
1419 (a) an annual fee of $500; and
1420 (b) an additional fee determined in accordance with Subsection (7) for each
1421 examination by a state examiner.
1422 (5) Any person or institution under the jurisdiction of the department that does not pay
1423 a fee under Subsections (1) through (4) shall pay:
1424 (a) an annual fee of $200; and
1425 (b) an additional fee determined in accordance with Subsection (7) for each
1426 examination by a state examiner.
1427 (6) A person filing an application or request under Section 7-1-503, 7-1-702, 7-1-703,
1428 7-1-704, 7-1-713, 7-5-3, or 7-18a-202[
1429 (a) (i) a filing fee of $500 if on the day on which the application or request is filed the
1430 person:
1431 (A) is a person with authority to transact business as[
1432
1433 subject to the jurisdiction of the department; and
1434 (B) has total assets in an amount less than $5,000,000; or
1435 (ii) a filing fee of $2,500 for any person not described in Subsection (6)(a)(i); and
1436 (b) all reasonable expenses incurred in processing the application.
1437 (7) (a) Per diem assessments for an examination shall be calculated at the rate of $55
1438 per hour:
1439 (i) for each examiner; and
1440 (ii) per hour worked.
1441 (b) For an examination of a branch or office of a financial institution located outside of
1442 this state, in addition to the per diem assessment under this Subsection (7), the institution shall
1443 pay all reasonable travel, lodging, and other expenses incurred by each examiner while
1444 conducting the examination.
1445 (8) In addition to a fee under Subsection (5), a person registering under Section
1446 7-23-201 or 7-24-201 shall pay an original registration fee of $300.
1447 (9) In addition to a fee under Subsection (5), a person applying for licensure under
1448 Chapter 25, Money Transmitter Act, shall pay an original license fee of $300.
1449 Section 31. Section 10-9a-104 is amended to read:
1450 10-9a-104. Stricter requirements.
1451 (1) Except as provided in Subsection (2), a municipality may enact [
1452 land use regulation imposing stricter requirements or higher standards than are required by this
1453 chapter.
1454 (2) A municipality may not impose [
1455
1456 [
1457 [
1458 [
1459 [
1460 this chapter, other state law, or federal law.
1461 Section 32. Section 17-27a-104 is amended to read:
1462 17-27a-104. Stricter requirements or higher standards.
1463 (1) Except as provided in Subsection (2), a county may enact [
1464 regulation imposing stricter requirements or higher standards than are required by this chapter.
1465 (2) A county may not impose [
1466
1467 [
1468 [
1469 [
1470 [
1471 this chapter, other state law, or federal law.
1472 Section 33. Section 26-36d-101 is enacted to read:
1473
1474
1475 26-36d-101. Title.
1476 This chapter is known as the "Hospital Provider Assessment Act."
1477 Section 34. Section 26-36d-102 is enacted to read:
1478 26-36d-102. Legislative findings.
1479 (1) The Legislature finds that there is an important state purpose to improve the access
1480 of Medicaid patients to quality care in Utah hospitals because of continuous decreases in state
1481 revenues and increases in enrollment under the Utah Medicaid program.
1482 (2) The Legislature finds that in order to improve this access to those persons described
1483 in Subsection (1):
1484 (a) the rates paid to Utah hospitals shall be adequate to encourage and support
1485 improved access; and
1486 (b) adequate funding shall be provided to increase the rates paid to Utah hospitals
1487 providing services pursuant to the Utah Medicaid program.
1488 Section 35. Section 26-36d-103 is enacted to read:
1489 26-36d-103. Definitions.
1490 As used in this chapter:
1491 (1) "Accountable care organization" means a managed care organization, as defined in
1492 42 C.F.R. Sec. 438, that contracts with the department under the provisions of Section
1493 26-18-405.
1494 (2) "Assessment" means the Medicaid hospital provider assessment established by this
1495 chapter.
1496 (3) "Discharges" means the number of total hospital discharges reported on worksheet
1497 S-3 Part I, column 15, lines 12, 14, and 14.01 of the 2552-96 Medicare Cost Report or on
1498 Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare Cost Report for
1499 the applicable assessment year.
1500 (4) "Division" means the Division of Health Care Financing of the department.
1501 (5) "Hospital":
1502 (a) means a privately owned:
1503 (i) general acute hospital operating in the state as defined in Section 26-21-2; and
1504 (ii) specialty hospital operating in the state, which shall include a privately owned
1505 hospital whose inpatient admissions are predominantly:
1506 (A) rehabilitation;
1507 (B) psychiatric;
1508 (C) chemical dependency; or
1509 (D) long-term acute care services; and
1510 (b) does not include:
1511 (i) a human services program, as defined in Section 62A-2-101;
1512 (ii) a hospital owned by the federal government, including the Veterans Administration
1513 Hospital; or
1514 (iii) a hospital that is owned by the state government, a state agency, or a political
1515 subdivision of the state, including:
1516 (A) a state-owned teaching hospital; and
1517 (B) the Utah State Hospital.
1518 (6) "Medicare cost report" means CMS-2552-96 or CMS-2552-10, the cost report for
1519 electronic filing of hospitals.
1520 (7) "State plan amendment" means a change or update to the state Medicaid plan.
1521 Section 36. Section 26-36d-201 is enacted to read:
1522
1523 26-36d-201. Application of chapter.
1524 (1) Other than for the imposition of the assessment described in this chapter, nothing in
1525 this chapter shall affect the nonprofit or tax exempt status of any nonprofit charitable, religious,
1526 or educational health care provider under:
1527 (a) Section 501(c), as amended, of the Internal Revenue Code;
1528 (b) other applicable federal law;
1529 (c) any state law;
1530 (d) any ad valorem property taxes;
1531 (e) any sales or use taxes; or
1532 (f) any other taxes, fees, or assessments, whether imposed or sought to be imposed by
1533 the state or any political subdivision, county, municipality, district, authority, or any agency or
1534 department thereof.
1535 (2) All assessments paid under this chapter may be included as an allowable cost of a
1536 hospital for purposes of any applicable Medicaid reimbursement formula.
1537 (3) This chapter does not authorize a political subdivision of the state to:
1538 (a) license a hospital for revenue;
1539 (b) impose a tax or assessment upon hospitals; or
1540 (c) impose a tax or assessment measured by the income or earnings of a hospital.
1541 Section 37. Section 26-36d-202 is enacted to read:
1542 26-36d-202. Assessment, collection, and payment of hospital provider assessment.
1543 (1) A uniform, broad based, assessment is imposed on each hospital as defined in
1544 Subsection 26-36d-103(5)(a):
1545 (a) in the amount designated in Section 26-36d-203; and
1546 (b) in accordance with Section 26-36d-204.
1547 (2) (a) The assessment imposed by this chapter is due and payable on a quarterly basis
1548 in accordance with Section 26-36d-204.
1549 (b) The collecting agent for this assessment is the department which is vested with the
1550 administration and enforcement of this chapter, including the right to adopt administrative rules
1551 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to:
1552 (i) implement and enforce the provisions of this act; and
1553 (ii) audit records of a facility:
1554 (A) that is subject to the assessment imposed by this chapter; and
1555 (B) does not file a Medicare cost report.
1556 (c) The department shall forward proceeds from the assessment imposed by this
1557 chapter to the state treasurer for deposit in the expendable special revenue fund as specified in
1558 Section 26-36d-207.
1559 (3) The department may, by rule, extend the time for paying the assessment.
1560 Section 38. Section 26-36d-203 is enacted to read:
1561 26-36d-203. Calculation of assessment.
1562 (1) (a) An annual assessment is payable on a quarterly basis for each hospital in an
1563 amount calculated at a uniform assessment rate for each hospital discharge, in accordance with
1564 this section.
1565 (b) The uniform assessment rate shall be determined using the total number of hospital
1566 discharges for assessed hospitals divided into the total non-federal portion in an amount
1567 consistent with Section 26-36d-205 that is needed to support capitated rates for accountable
1568 care organizations for purposes of hospital services provided to Medicaid enrollees.
1569 (c) Any quarterly changes to the uniform assessment rate shall be applied uniformly to
1570 all assessed hospitals.
1571 (d) The annual uniform assessment rate may not generate more than:
1572 (i) $1,000,000 to offset Medicaid mandatory expenditures; and
1573 (ii) the non-federal share to seed amounts needed to support capitated rates for
1574 accountable care organizations as provided for in Subsection (1)(b).
1575 (2) (a) For each state fiscal year, discharges shall be determined using the data from
1576 each hospital's Medicare Cost Report contained in the Centers for Medicare and Medicaid
1577 Services' Healthcare Cost Report Information System file. The hospital's discharge data will be
1578 derived as follows:
1579 (i) for state fiscal year 2013, the hospital's cost report data for the hospital's fiscal year
1580 ending between July 1, 2009, and June 30, 2010;
1581 (ii) for state fiscal year 2014, the hospital's cost report data for the hospital's fiscal year
1582 ending between July 1, 2010, and June 30, 2011;
1583 (iii) for state fiscal year 2015, the hospital's cost report data for the hospital's fiscal year
1584 ending between July 1, 2011, and June 30, 2012;
1585 (iv) for state fiscal year 2016, the hospital's cost report data for the hospital's fiscal year
1586 ending between July 1, 2012, and June 30, 2013; and
1587 (v) for each subsequent state fiscal year, the hospital's cost report data for the hospital's
1588 fiscal year that ended in the state fiscal year two years prior to the assessment fiscal year.
1589 (b) If a hospital's fiscal year Medicare Cost Report is not contained in the Centers for
1590 Medicare and Medicaid Services' Healthcare Cost Report Information System file:
1591 (i) the hospital shall submit to the division a copy of the hospital's Medicare Cost
1592 Report applicable to the assessment year; and
1593 (ii) the division shall determine the hospital's discharges.
1594 (c) If a hospital is not certified by the Medicare program and is not required to file a
1595 Medicare Cost Report:
1596 (i) the hospital shall submit to the division its applicable fiscal year discharges with
1597 supporting documentation;
1598 (ii) the division shall determine the hospital's discharges from the information
1599 submitted under Subsection (2)(c)(i); and
1600 (iii) the failure to submit discharge information shall result in an audit of the hospital's
1601 records and a penalty equal to 5% of the calculated assessment.
1602 (3) Except as provided in Subsection (4), if a hospital is owned by an organization that
1603 owns more than one hospital in the state:
1604 (a) the assessment for each hospital shall be separately calculated by the department;
1605 and
1606 (b) each separate hospital shall pay the assessment imposed by this chapter.
1607 (4) Notwithstanding the requirement of Subsection (3), if multiple hospitals use the
1608 same Medicaid provider number:
1609 (a) the department shall calculate the assessment in the aggregate for the hospitals
1610 using the same Medicaid provider number; and
1611 (b) the hospitals may pay the assessment in the aggregate.
1612 Section 39. Section 26-36d-204 is enacted to read:
1613 26-36d-204. Quarterly notice -- Collection.
1614 Quarterly assessments imposed by this chapter shall be paid to the division within 15
1615 business days after the original invoice date that appears on the invoice issued by the division.
1616 Section 40. Section 26-36d-205 is enacted to read:
1617 26-36d-205. Medicaid hospital adjustment under accountable care organization
1618 rates.
1619 To preserve and improve access to hospital services, the division shall, for accountable
1620 care organization rates effective on or after April 1, 2013, incorporate an annualized amount
1621 equal to $154,000,000 into the accountable care organization rate structure calculation
1622 consistent with the certified actuarial rate range.
1623 Section 41. Section 26-36d-206 is enacted to read:
1624 26-36d-206. Penalties and interest.
1625 (1) A facility that fails to pay any assessment or file a return as required under this
1626 chapter, within the time required by this chapter, shall pay, in addition to the assessment,
1627 penalties and interest established by the department.
1628 (2) (a) Consistent with Subsection (2)(b), the department shall adopt rules in
1629 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which establish
1630 reasonable penalties and interest for the violations described in Subsection (1).
1631 (b) If a hospital fails to timely pay the full amount of a quarterly assessment, the
1632 department shall add to the assessment:
1633 (i) a penalty equal to 5% of the quarterly amount not paid on or before the due date;
1634 and
1635 (ii) on the last day of each quarter after the due date until the assessed amount and the
1636 penalty imposed under Subsection (2)(b)(i) are paid in full, an additional 5% penalty on:
1637 (A) any unpaid quarterly assessment; and
1638 (B) any unpaid penalty assessment.
1639 (c) Upon making a record of its actions, and upon reasonable cause shown, the division
1640 may waive, reduce, or compromise any of the penalties imposed under this part.
1641 Section 42. Section 26-36d-207 is enacted to read:
1642 26-36d-207. Hospital Provider Assessment Expendable Revenue Fund.
1643 (1) There is created an expendable special revenue fund known as the "Hospital
1644 Provider Assessment Expendable Revenue Fund."
1645 (2) The fund shall consist of:
1646 (a) the assessments collected by the department under this chapter;
1647 (b) any interest and penalties levied with the administration of this chapter; and
1648 (c) any other funds received as donations for the fund and appropriations from other
1649 sources.
1650 (3) Money in the fund shall be used:
1651 (a) to support capitated rates consistent with Subsection 26-36d-203(1)(d) for
1652 accountable care organizations; and
1653 (b) to reimburse money collected by the division from a hospital through a mistake
1654 made under this chapter.
1655 Section 43. Section 26-36d-208 is enacted to read:
1656 26-36d-208. Repeal of assessment.
1657 (1) The repeal of the assessment imposed by this chapter shall occur upon the
1658 certification by the executive director of the department that the sooner of the following has
1659 occurred:
1660 (a) the effective date of any action by Congress that would disqualify the assessment
1661 imposed by this chapter from counting toward state Medicaid funds available to be used to
1662 determine the federal financial participation;
1663 (b) the effective date of any decision, enactment, or other determination by the
1664 Legislature or by any court, officer, department, or agency of the state, or of the federal
1665 government that has the effect of:
1666 (i) disqualifying the assessment from counting towards state Medicaid funds available
1667 to be used to determine federal financial participation for Medicaid matching funds; or
1668 (ii) creating for any reason a failure of the state to use the assessments for the Medicaid
1669 program as described in this chapter;
1670 (c) the effective date of:
1671 (i) an appropriation for any state fiscal year from the General Fund for hospital
1672 payments under the state Medicaid program that is less than the amount appropriated for state
1673 fiscal year 2012;
1674 (ii) the annual revenues of the state General Fund budget return to the level that was
1675 appropriated for fiscal year 2008;
1676 (iii) a division change in rules that reduces any of the following below July 1, 2011
1677 payments:
1678 (A) aggregate hospital inpatient payments;
1679 (B) adjustment payment rates; or
1680 (C) any cost settlement protocol; or
1681 (iv) a division change in rules that reduces the aggregate outpatient payments below
1682 July 1, 2011 payments; and
1683 (d) the sunset of this chapter in accordance with Section 63I-1-226.
1684 (2) If the assessment is repealed under Subsection (1), money in the fund that was
1685 derived from assessments imposed by this chapter, before the determination made under
1686 Subsection (1), shall be disbursed under Section 26-36d-205 to the extent federal matching is
1687 not reduced due to the impermissibility of the assessments. Any funds remaining in the special
1688 revenue fund shall be refunded to the hospitals in proportion to the amount paid by each
1689 hospital.
1690 Section 44. Section 26-61-202 is amended to read:
1691 26-61-202. Cannabinoid Product Board -- Duties.
1692 (1) The board shall review any available scientific research related to the human use of
1693 cannabis, a cannabinoid product, or an expanded cannabinoid product that:
1694 (a) was conducted under a study approved by an IRB; or
1695 (b) was conducted or approved by the federal government.
1696 (2) Based on the research described in Subsection (1), the board shall evaluate the
1697 safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
1698 including:
1699 (a) medical conditions that respond to cannabis, cannabinoid products, and expanded
1700 cannabinoid products;
1701 (b) cannabis and cannabinoid dosage amounts and medical dosage forms; [
1702 (c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products
1703 with other treatments[
1704 (d) contraindications, adverse reactions, and potential side effects from use of cannabis,
1705 cannabinoid products, and expanded cannabinoid products.
1706 (3) Based on the board's evaluation under Subsection (2), the board shall develop
1707 guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
1708 product that include:
1709 (a) a list of medical conditions, if any, that the board determines are appropriate for
1710 treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
1711 cannabinoid product[
1712 (b) a list of contraindications, side effects, and adverse reactions that are associated
1713 with use of cannabis, cannabinoid products, or expanded cannabinoid products; and
1714 (c) a list of potential drug-drug interactions between medications that the United States
1715 Food and Drug Administration has approved and cannabis, cannabinoid products, and
1716 expanded cannabinoid products.
1717 (4) The board shall submit the guidelines described in Subsection (3) to:
1718 (a) the director of the Division of Occupational and Professional Licensing; and
1719 (b) the Health and Human Services Interim Committee.
1720 (5) The board shall report the board's findings before November 1 of each year to the
1721 Health and Human Services Interim Committee.
1722 (6) Guidelines [
1723 not limit the availability of cannabis, cannabinoid products, or expanded cannabinoid products
1724 permitted [
1725 Establishments, or Title 26, Chapter [
1726 Section 45. Section 26-61a-101, which is renumbered from Section 26-60b-101 is
1727 renumbered and amended to read:
1728
1729
1730 [
1731 This chapter is known as "Utah Medical Cannabis Act."
1732 Section 46. Section 26-61a-102, which is renumbered from Section 26-60b-102 is
1733 renumbered and amended to read:
1734 [
1735 As used in this chapter:
1736 (1) "Blister" means a plastic cavity or pocket used to contain no more than a single
1737 dose of cannabis or a cannabis product in a blister pack.
1738 (2) "Blister pack" means a plastic, paper, or foil package with multiple blisters each
1739 containing no more than a single dose of cannabis or a cannabis product.
1740 [
1741 marijuana.
1742 [
1743 Section [
1744 [
1745 [
1746
1747 [
1748 [
1749 [
1750
1751 [
1752
1753 [
1754 Section [
1755 [
1756
1757 (a) is intended for human use; and
1758 (b) contains cannabis or tetrahydrocannabinol.
1759 [
1760 defined in Section [
1761 [
1762 as that term is defined in Section [
1763 [
1764 library, a public playground, or a public park.
1765 (10) "Department" means the Department of Health.
1766 (11) "Designated caregiver" means an individual:
1767 (a) whom [
1768 cannabis guardian card designates as the patient's caregiver; and
1769 (b) who registers with the department under Section [
1770 (12) "Dosing parameters" means quantity, routes, and frequency of administration for a
1771 recommended treatment of cannabis in a medicinal dosage form or a cannabis product in a
1772 medicinal dosage form.
1773 [
1774 defined in Section [
1775 [
1776 [
1777 (15) "Local health department" means the same as that term is defined in Section
1778 26A-1-102.
1779 (16) "Local health department distribution agent" means an agent designated and
1780 registered to distribute state central fill shipments under Sections 26-61a-606 and 26-61a-607.
1781 (17) "Marijuana" means the same as that term is defined in Section 58-37-2.
1782 (18) "Medical cannabis" means cannabis in a medicinal dosage form or a cannabis
1783 product in a medicinal dosage form.
1784 [
1785 cannabis guardian card, or a medical cannabis caregiver card.
1786 (20) "Medical cannabis cardholder" means a holder of a medical cannabis card.
1787 (21) "Medical cannabis caregiver card" means an official card [
1788 (a) the department issues to an individual [
1789 whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder
1790 designates as a designated caregiver [
1791 (b) is connected to the electronic verification system.
1792 [
1793
1794 form or a cannabis product in a medicinal dosage form.
1795 (b) "Medical cannabis device" does not include a device that:
1796 (i) facilitates cannabis combustion; or
1797 (ii) an individual uses to ingest substances other than cannabis.
1798 (23) "Medical cannabis guardian card" means an official card that:
1799 (a) the department issues to the parent or legal guardian of a minor with a qualifying
1800 condition; and
1801 (b) is connected to the electronic verification system.
1802 (24) "Medical cannabis patient card" means an official card that:
1803 (a) the department issues to an individual with a qualifying condition; and
1804 (b) is connected to the electronic verification system.
1805 (25) "Medical cannabis pharmacy" means a person that:
1806 (a) (i) acquires or intends to acquire:
1807 (A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
1808 form from a cannabis processing facility; or
1809 (B) a medical cannabis device; or
1810 (ii) possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal
1811 dosage form, or a medical cannabis device; and
1812 (b) sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a
1813 medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder.
1814 (26) "Medical cannabis pharmacy agent" means an individual who:
1815 (a) is an employee of a medical cannabis pharmacy; and
1816 (b) who holds a valid medical cannabis pharmacy agent registration card.
1817 (27) "Medical cannabis pharmacy agent registration card" means a registration card
1818 issued by the department that authorizes an individual to act as a medical cannabis pharmacy
1819 agent.
1820 (28) "Medical cannabis treatment" means cannabis in a medicinal dosage form, a
1821 cannabis product in a medicinal dosage form, or a medical cannabis device.
1822 [
1823
1824 (29) (a) "Medicinal dosage form" means:
1825 (i) for processed medical cannabis or a medical cannabis product, the following in
1826 single dosage form with a specific and consistent cannabinoid content:
1827 (A) a tablet;
1828 (B) a capsule;
1829 (C) a concentrated oil;
1830 (D) a liquid suspension;
1831 (E) a topical preparation;
1832 (F) a transdermal preparation;
1833 (G) a sublingual preparation;
1834 (H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
1835 rectangular cuboid shape; or
1836 (I) for use only after the individual's qualifying condition has failed to substantially
1837 respond to at least two other forms described in this Subsection (29)(a)(i), a resin or wax;
1838 (ii) for unprocessed cannabis flower, a blister pack, with each individual blister:
1839 (A) containing a specific and consistent weight that does not exceed one gram and that
1840 varies by no more than 10% from the stated weight; and
1841 (B) labeled with a barcode that provides information connected to an inventory control
1842 system and the individual blister's content and weight; and
1843 (iii) a form measured in grams, milligrams, or milliliters.
1844 (b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
1845 (i) the medical cannabis cardholder has recently removed from the blister pack
1846 described in Subsection (29)(a)(ii) for use; and
1847 (ii) does not exceed the quantity described in Subsection (29)(a)(ii).
1848 (c) "Medicinal dosage form" does not include:
1849 (i) any unprocessed cannabis flower outside of the blister pack, except as provided in
1850 Subsection (29)(b); or
1851 (ii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis
1852 on a nail or other metal object that is heated by a flame, including a blowtorch.
1853 (30) "Pharmacy medical provider" means the medical provider required to be on site at
1854 a medical cannabis pharmacy under Section 26-61a-403.
1855 (31) "Provisional patient card" means a card that:
1856 (a) the department issues to a minor with a qualifying condition for whom:
1857 (i) a qualified medical provider has recommended a medical cannabis treatment; and
1858 (ii) the department issues a medical cannabis guardian card to the minor's parent or
1859 legal guardian; and
1860 (b) is connected to the electronic verification system.
1861 [
1862 qualified to recommend treatment with cannabis in a medicinal dosage form under Section
1863 [
1864 (33) "Qualified Distribution Enterprise Fund" means the enterprise fund created in
1865 Section 26-61a-110.
1866 (34) "Qualified Patient Enterprise Fund" means the enterprise fund created in Section
1867 26-61a-109.
1868 [
1869 [
1870 (36) "State central fill agent" means an employee of the state central fill medical
1871 cannabis pharmacy that the department registers in accordance with Section 26-61a-602.
1872 (37) "State central fill medical cannabis pharmacy" means the central fill pharmacy that
1873 the department creates in accordance with Section 26-61a-601.
1874 (38) "State central fill medical provider" means a physician or pharmacist that the state
1875 central fill medical cannabis pharmacy employs to consult with medical cannabis cardholders
1876 in accordance with Section 26-61a-601.
1877 (39) "State central fill shipment" means a shipment of cannabis in a medicinal dosage
1878 form, cannabis product in a medicinal dosage form, or a medical cannabis device that the state
1879 central fill medical cannabis pharmacy prepares and ships for distribution to a medical cannabis
1880 cardholder in a local health department.
1881 [
1882 [
1883 Section 47. Section 26-61a-103, which is renumbered from Section 26-60b-103 is
1884 renumbered and amended to read:
1885 [
1886 (1) The Department of Agriculture and Food, the [
1887 the Department of Public Safety, and the Department of Technology Services shall:
1888 (a) enter into a memorandum of understanding in order to determine the function and
1889 operation of [
1890 (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
1891 Procurement Code, to develop a request for proposals for a third-party provider to develop and
1892 maintain [
1893 Technology Services; and
1894 (c) select a third-party provider [
1895 the request for proposals issued under Subsection (1)(b).
1896 (2) The Department of Agriculture and Food, the department, the Department of Public
1897 Safety, and the Department of Technology Services shall ensure that, on or before March 1,
1898 2020, the state electronic verification system described in Subsection (1) [
1899 (a) [
1900 provider in the [
1901 patient card or, if applicable, a medical cannabis guardian card;
1902 (b) allows an individual to apply to renew a medical cannabis patient card or a medical
1903 cannabis guardian card in accordance with Section 26-61a-201;
1904 (c) allows a qualified medical provider to:
1905 (i) access dispensing and card status information regarding a patient:
1906 (A) with whom the qualified medical provider has a provider-patient relationship; and
1907 (B) for whom the qualified medical provider has recommended or is considering
1908 recommending a medical cannabis card;
1909 [
1910 treatment with cannabis in a medicinal dosage form or a cannabis product in a medicinal
1911 dosage form and optionally recommend dosing parameters;
1912 (iii) electronically renew a recommendation to a medical cannabis patient cardholder or
1913 medical cannabis guardian cardholder:
1914 (A) for the qualified medical provider who originally recommended a medical cannabis
1915 treatment, as that term is defined in Section 26-61a-102, using telehealth services; or
1916 (B) for a qualified medical provider who did not originally recommend the medical
1917 cannabis treatment, during a face-to-face visit with a patient; and
1918 (iv) at the request of a medical cannabis cardholder, initiate a state central fill shipment
1919 in accordance with Section 26-61a-603;
1920 [
1921 (i) an inventory control system [
1922 pharmacy and the state central fill medical cannabis pharmacy use to track[
1923 [
1924 medicinal dosage form, cannabis product [
1925 cannabis [
1926 (A) the time and date of [
1927 (B) the quantity and type of cannabis [
1928 device purchased[
1929 (C) any cannabis production establishment [
1930 cannabis pharmacy, or the state central fill medical cannabis pharmacy associated with the
1931 cannabis [
1932 (D) the personally identifiable information of the medical cannabis cardholder who
1933 made the purchase; and
1934 (ii) any commercially available inventory control system that a cannabis production
1935 establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of
1936 Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
1937 Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
1938 track and confirm compliance;
1939 [
1940 (i) the [
1941 to the extent necessary to carry out the [
1942
1943 (ii) the Department of Agriculture and Food to the extent necessary to carry out the
1944 functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
1945 [
1946 (iii) the Division of Occupational and Professional Licensing to the extent necessary to
1947 carry functions and responsibilities related to the participation of the following in the
1948 recommendation and dispensing of medical cannabis:
1949 (A) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1950 (B) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1951 Practice Act;
1952 (C) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1953 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1954 (D) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act;
1955 (f) provides access to and interaction with the state central fill medical cannabis
1956 pharmacy, state central fill agents, and local health department distribution agents, to facilitate
1957 the state central fill shipment process;
1958 [
1959 (i) during a traffic stop for the purpose of determining if the individual subject to the
1960 traffic stop is [
1961 (ii) after obtaining a warrant; and
1962 [
1963 identifies the person who [
1964 [
1965 [
1966 (3) The [
1967
1968 (a) conducting medical research; and [
1969 (b) providing the report required by Section [
1970 (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1971 Administrative Rulemaking Act, to establish:
1972 (a) the limitations on access to the data in the state electronic verification system as
1973 described in this section; and
1974 (b) standards and procedures to ensure accurate identification of an individual
1975 requesting information or receiving information in this section.
1976 (5) (a) Any person who knowingly and intentionally releases any information in the
1977 state electronic verification system in violation of this section is guilty of a third degree felony.
1978 (b) Any person who negligently or recklessly releases any information in the state
1979 electronic verification system in violation of this section is guilty of a class C misdemeanor.
1980 (6) (a) Any person who obtains or attempts to obtain information from the state
1981 electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
1982 (b) Any person who obtains or attempts to obtain information from the state electronic
1983 verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
1984 degree felony.
1985 (7) (a) Except as provided in Subsection (7)(e), a person may not knowingly and
1986 intentionally use, release, publish, or otherwise make available to any other person information
1987 obtained from the state electronic verification system for any purpose other than a purpose
1988 specified in this section.
1989 (b) Each separate violation of this Subsection (7) is:
1990 (i) a third degree felony; and
1991 (ii) subject to a civil penalty not to exceed $5,000.
1992 (c) The department shall determine a civil violation of this Subsection (7) in
1993 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1994 (d) Civil penalties assessed under this Subsection (7) shall be deposited into the
1995 General Fund.
1996 (e) This Subsection (7) does not prohibit a person who obtains information from the
1997 state electronic verification system under Subsection (2)(a), (c), or (f) from:
1998 (i) including the information in the person's medical chart or file for access by a person
1999 authorized to review the medical chart or file;
2000 (ii) providing the information to a person in accordance with the requirements of the
2001 Health Insurance Portability and Accountability Act of 1996; or
2002 (iii) discussing or sharing that information on the patient with the patient.
2003 Section 48. Section 26-61a-104, which is renumbered from Section 26-60b-105 is
2004 renumbered and amended to read:
2005 [
2006 (1) By designating a particular condition under Subsection (2) for which the use of
2007 medical cannabis to treat symptoms is decriminalized, the Legislature does not conclusively
2008 state that:
2009 (a) current scientific evidence clearly supports the efficacy of a medical cannabis
2010 treatment for the condition; or
2011 (b) a medical cannabis treatment will treat, cure, or positively affect the condition.
2012 [
2013
2014 (a) HIV[
2015 (b) Alzheimer's disease;
2016 (c) amyotrophic lateral sclerosis;
2017 (d) cancer[
2018 (e) cachexia[
2019 (f) persistent nausea[
2020 significantly responsive to traditional treatment, except for nausea related to:
2021 (i) pregnancy;
2022 (ii) cannabis-induced cyclical vomiting syndrome; or
2023 (iii) cannabinoid hyperemesis syndrome;
2024 [
2025 [
2026 [
2027 debilitating muscle spasms;
2028 [
2029 licensed mental health therapist, as that term is defined in Section 58-60-102, and that:
2030 (i) has been diagnosed by a healthcare provider or mental health provider employed or
2031 contracted by the United States Veterans Administration, evidenced by copies of medical
2032 records from the Veterans Administration that are included as part of the qualified medical
2033 provider's pre-treatment assessment and medical record documentation; or
2034 (ii) has been diagnosed or confirmed, through face-to-face or telehealth evaluation of
2035 the patient, by a provider who is:
2036 (A) a licensed board-eligible or board-certified psychiatrist;
2037 (B) a licensed psychologist with a doctorate-level degree;
2038 (C) a licensed clinical social worker with a doctorate-level degree; or
2039 (D) a licensed advanced practice registered nurse who is qualified to practice within
2040 the psychiatric mental health nursing speciality and who has completed the clinical practice
2041 requirements in psychiatric mental health nursing, including in psychotherapy, in accordance
2042 with Subsection 58-31b-302(4)(g);
2043 [
2044 (l) a terminal illness when the patient's remaining life expectancy is less than six
2045 months;
2046 (m) a condition resulting in the individual receiving hospice care;
2047 [
2048 (i) affects less than 200,000 [
2049 Section 526 of the Federal Food, Drug, and Cosmetic Act; and
2050 (ii) is not adequately managed despite treatment attempts using:
2051 (A) conventional medications other than opioids or opiates; or
2052 (B) physical interventions;
2053 [
2054 weeks that is not adequately managed, in the qualified medical provider's opinion, despite
2055 treatment attempts using:
2056 (i) [
2057
2058 than opioids or opiates; or
2059 (ii) [
2060
2061 [
2062 [
2063 26-61a-105, on an individual, [
2064
2065 Section 49. Section 26-61a-105, which is renumbered from Section 26-60b-106 is
2066 renumbered and amended to read:
2067 [
2068 (1) (a) The department shall establish a [
2069 board consisting of:
2070 [
2071 appoints:
2072 (A) who are knowledgeable about the medicinal use of cannabis [
2073 (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
2074 or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
2075 (C) whom [
2076
2077 psychiatry, infectious disease, internal medicine, pediatrics, [
2078 [
2079
2080 (b) In appointing the seven qualified medical providers described in Subsection (1)(a),
2081 the executive director shall ensure that at least two have a board certification in pediatrics.
2082 (2) (a) [
2083 [
2084 (i) three shall serve [
2085 (ii) the remaining members [
2086 term of four years.
2087 (b) After [
2088 initial term [
2089 (i) each term is four years; and [
2090 (ii) each board member is eligible for reappointment.
2091 (c) [
2092 [
2093
2094 (3) [
2095
2096 (4) A member of the board may [
2097 (a) compensation or benefits for the member's service[
2098 (b) per diem and travel expenses in accordance with Section 63A-3-106, Section
2099 63A-3-107, and rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2100 63A-3-107.
2101 (5) The [
2102 (a) review and recommend [
2103 described in Subsection 26-61a-201(2)(a), a minor described in Subsection 26-61a-201(2)(c),
2104 or an individual who is not otherwise qualified to receive a medical cannabis card to obtain a
2105 medical cannabis card for compassionate use if:
2106 (i) for an individual who is not otherwise qualified to receive a medical cannabis card,
2107 the individual's qualified medical provider is actively treating the individual [
2108
2109 condition that:
2110 (A) substantially impairs the individual's quality of life [
2111 (B) has not, in the qualified medical provider's professional opinion, adequately
2112 responded to conventional treatments;
2113 (ii) the qualified medical provider:
2114 (A) recommends that the individual or minor be allowed to use medical cannabis; and
2115 (B) provides a letter, relevant treatment history, and notes or copies of progress notes
2116 describing relevant treatment history including rationale for considering the use of medical
2117 cannabis; and
2118 [
2119 (A) the recommendation of the individual's qualified medical provider is justified; and
2120 (B) based on available information, it [
2121 [
2122 (b) unless no petitions are pending:
2123 (i) meet to receive or review compassionate use petitions at least quarterly[
2124
2125 (ii) [
2126 review during the board's regular schedule, as often as necessary;
2127 (c) complete a review of each petition and recommend to the department approval or
2128 denial of the applicant for qualification for a medical cannabis card within 90 days [
2129 after the day on which the board received the petition; and
2130 (d) report, before November 1 of each year, to the Health and Human Services Interim
2131 Committee[
2132 (i) the number of compassionate use [
2133 during the past year; and
2134 (ii) the types of conditions for which the board approved compassionate use.
2135 (6) (a) (i) The department shall review any compassionate use [
2136 the board recommends approval under [
2137 whether the board properly exercised the board's discretion under this section.
2138 [
2139
2140 approval under Subsection (5)(c), the department shall:
2141 (A) issue [
2142 (B) provide for the renewal of the medical cannabis card in accordance with the
2143 recommendation of the qualified medical provider described in Subsection (5)(a).
2144 (b) (i) If the board recommends denial under Subsection (5)(c), the individual seeking
2145 to obtain a medical cannabis card may petition the department to review the board's decision.
2146 (ii) If the department determines that the board's recommendation for denial under
2147 Subsection (5)(c) was arbitrary or capricious:
2148 (A) the department shall notify the board of the department's determination; and
2149 (B) the board shall reconsider the board's refusal to recommend approval under this
2150 section.
2151 (c) In reviewing the board's recommendation for approval or denial under Subsection
2152 (5)(c) in accordance with this Subsection (6), the department shall presume the board properly
2153 exercised the board's discretion unless the department determines that the board's
2154 recommendation was arbitrary or capricious.
2155 [
2156 [
2157 record in accordance with Title 63G, Chapter 2, Government Records Access and Management
2158 Act.
2159 [
2160 shall annually report the board's activity to the [
2161
2162 [
2163 [
2164 Cannabinoid Product Board created in Section 26-61-201.
2165 Section 50. Section 26-61a-106, which is renumbered from Section 26-60b-107 is
2166 renumbered and amended to read:
2167 [
2168 Continuing education -- Treatment recommendation.
2169 (1) [
2170
2171 registers the individual as a qualified medical provider in accordance with this section.
2172 (2) (a) The department shall, within 15 days after the day on which the department
2173 receives an application from an individual, register and issue a qualified medical provider
2174 registration card to the individual if the individual:
2175 (i) provides to the department the individual's name and address;
2176 (ii) provides to the department a report detailing the individual's completion of the
2177 applicable continuing education requirement described in Subsection (3);
2178 (iii) provides to the department evidence that the individual:
2179 (A) has the authority to write a prescription;
2180 (B) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
2181 Controlled Substances Act; and [
2182 (C) possesses the authority, in accordance with the individual's scope of practice, to
2183 prescribe a Schedule II controlled [
2184 (iv) provides to the department evidence that the individual is:
2185 (A) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
2186 Practice Act;
2187 (B) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2188 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
2189 (C) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act,
2190 whose declaration of services agreement, as that term is defined in Section 58-70a-102,
2191 includes the recommending of medical cannabis, and whose supervising physician is a
2192 qualified medical provider; and
2193 (v) pays the department a fee in an amount that:
2194 (A) the department sets, in accordance with section 63J-1-504; and
2195 (B) does not exceed $300 for an initial registration.
2196 (b) The department may not register an individual as a qualified medical provider if the
2197 individual is:
2198 (i) a pharmacy medical provider or a state central fill medical provider; or
2199 (ii) an owner, officer, director, board member, employee, or agent of a cannabis
2200 production establishment or a medical cannabis pharmacy.
2201 (3) (a) An individual shall complete the continuing education described in this
2202 Subsection (3) in the following amounts:
2203 (i) for an individual as a condition precedent to registration, four hours; and
2204 (ii) for a qualified medical provider as a condition precedent to renewal, four hours
2205 every two years.
2206 (b) In accordance with Subsection (3)(a), a qualified medical provider shall:
2207 (i) complete continuing education:
2208 (A) regarding the topics described in Subsection (3)(d); and
2209 (B) offered by the department under Subsection (3)(c) or an accredited or approved
2210 continuing education provider that the department recognizes as offering continuing education
2211 appropriate for the recommendation of cannabis to patients; and
2212 (ii) make a continuing education report to the department in accordance with a process
2213 that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
2214 Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
2215 Professional Licensing and:
2216 (A) for an advanced practice registered nurse licensed under Title 58, Chapter 31b,
2217 Nurse Practice Act, the Board of Nursing;
2218 (B) for a qualified medical provider licensed under Title 58, Chapter 67, Utah Medical
2219 Practice Act, the Physicians Licensing Board;
2220 (C) for a qualified medical provider licensed under Title 58, Chapter 68, Utah
2221 Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board;
2222 and
2223 (D) for a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant
2224 Act, the Physician Assistant Licensing Board.
2225 (c) The department may, in consultation with the Division of Occupational and
2226 Professional Licensing, develop the continuing education described in this Subsection (3).
2227 (d) The continuing education described in this Subsection (3) may discuss:
2228 (i) the provisions of this chapter;
2229 (ii) general information about medical cannabis under federal and state law;
2230 (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
2231 including risks and benefits;
2232 (iv) recommendations for medical cannabis as it relates to the continuing care of a
2233 patient in pain management, risk management, potential addiction, or palliative care; and
2234 (v) best practices for recommending the form and dosage of medical cannabis products
2235 based on the qualifying condition underlying a medical cannabis recommendation.
2236 [
2237
2238 (4) (a) Except as provided in Subsection (4)(b) or (c), a qualified medical provider may
2239 not recommend a medical cannabis treatment to more than 175 of the qualified medical
2240 provider's patients at the same time, as determined by the number of medical cannabis cards
2241 under the qualified medical provider's name in the state electronic verification system.
2242 [
2243 provider may recommend a medical cannabis treatment to [
2244
2245 by the number of medical cannabis cards under the qualified medical provider's name in the
2246 state electronic verification system, if:
2247 (i) the [
2248
2249 anesthesiology, gastroenterology, neurology, oncology, pain, hospice and palliative [
2250
2251 (ii) a licensed business employs or contracts the qualified medical provider for the
2252 specific purpose of providing hospice and palliative care.
2253 (c) (i) Notwithstanding Subsection (4)(b), a qualified medical provider described in
2254 Subsection (4)(b) may petition the Division of Occupational and Professional Licensing for
2255 authorization to exceed the limit described in Subsection (4)(b) by graduating increments of
2256 100 patients per authorization, not to exceed three authorizations.
2257 (ii) The Division of Occupational and Professional Licensing shall grant the
2258 authorization described in Subsection (4)(c)(i) if:
2259 (A) the petitioning qualified medical provider pays a $100 fee;
2260 (B) the division performs a review that includes the qualified medical provider's
2261 medical cannabis recommendation activity in the state electronic verification system, relevant
2262 information related to patient demand, and any patient medical records that the division
2263 determines would assist in the division's review; and
2264 (C) after the review described in this Subsection (4)(c)(ii), the division determines that
2265 granting the authorization would not adversely affect public safety, adversely concentrate the
2266 overall patient population among too few qualified medical providers, or adversely concentrate
2267 the use of medical cannabis among the provider's patients.
2268 [
2269 an individual under this chapter only in the course of a [
2270 provider-patient relationship after the [
2271 and documented in the patient's medical record a [
2272 condition and medical history based on the appropriate standard of care for the patient's
2273 condition.
2274 [
2275
2276 not advertise that the [
2277
2278 (b) [
2279 communication of the following, through a website [
2280 advertising:
2281 (i) a green cross;
2282 [
2283 [
2284 treats; [
2285 [
2286 (7) (a) A qualified medical provider registration card expires two years after the day on
2287 which the department issues the card.
2288 (b) The department shall renew a qualified medical provider's registration card if the
2289 provider:
2290 (i) applies for renewal;
2291 (ii) is eligible for a qualified medical provider registration card under this section,
2292 including maintaining an unrestricted license as described in Subsection (2)(a)(iii);
2293 (iii) certifies to the department in a renewal application that the information in
2294 Subsection (2)(a) is accurate or updates the information;
2295 (iv) submits a report detailing the completion of the continuing education requirement
2296 described in Subsection (3); and
2297 (v) pays the department a fee in an amount that:
2298 (A) the department sets, in accordance with section 63J-1-504; and
2299 (B) does not exceed $50 for a registration renewal.
2300 (8) The department may revoke the registration of a qualified medical provider who
2301 fails to maintain compliance with the requirements of this section.
2302 (9) A qualified medical provider may not receive any compensation or benefit for the
2303 qualified medical provider's medical cannabis treatment recommendation from:
2304 (a) a cannabis production establishment or an owner, officer, director, board member,
2305 employee, or agent of a cannabis production establishment;
2306 (b) a medical cannabis pharmacy or an owner, officer, director, board member,
2307 employee, or agent of a medical cannabis pharmacy; or
2308 (c) a qualified medical provider or pharmacy medical provider.
2309 Section 51. Section 26-61a-107, which is renumbered from Section 26-60b-108 is
2310 renumbered and amended to read:
2311 [
2312 not liable -- No private right of action.
2313 [
2314
2315
2316 (1) An individual described in Subsection (2) is not subject to the following solely for
2317 violating a federal law or regulation that would otherwise prohibit recommending, prescribing,
2318 or dispensing medical cannabis, a medical cannabis product, or a cannabis-based drug that the
2319 United States Food and Drug Administration has not approved:
2320 (a) civil [
2321 (b) licensure sanctions under Title 58, Chapter 17b, Pharmacy Practice Act, Title 58,
2322 Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act [
2323 58, Chapter 68, Utah Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Physician
2324 Assistant Act.
2325 (2) The limitations of liability described in Subsection (1) apply to:
2326 (a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
2327 Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2328 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed
2329 under Title 58, Chapter 70a, Physician Assistant Act:
2330 (i) (A) whom the department has registered as a qualified medical provider; and
2331 (B) who recommends treatment with cannabis in a medicinal dosage form or a
2332 cannabis product in a medicinal dosage form to a patient in accordance with this chapter; or
2333 (ii) before January 1, 2021, who:
2334 (A) has the authority to write a prescription; and
2335 (B) recommends a medical cannabis treatment to a patient who has a qualifying
2336 condition; and
2337 (b) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act:
2338 (i) whom the department has registered as a pharmacy medical provider or a state
2339 central fill medical provider; and
2340 (ii) who dispenses, in a medical cannabis pharmacy or the state central fill medical
2341 cannabis pharmacy, treatment with cannabis in a medicinal dosage form or a cannabis product
2342 in a medicinal dosage form to a medical cannabis cardholder in accordance with this chapter.
2343 (3) Nothing in this section or chapter reduces or in any way negates the duty of an
2344 individual described in Subsection (2) to use reasonable and ordinary care in the treatment of a
2345 patient:
2346 (a) who may have a qualifying condition; and
2347 (b) (i) for whom the individual described in Subsection (2)(a)(i) or (ii) has
2348 recommended or might consider recommending a treatment with cannabis or a cannabis
2349 product; or
2350 (ii) with whom the pharmacist described in Subsection (2)(b) has interacted in the
2351 dosing or dispensing of cannabis or a cannabis product.
2352 Section 52. Section 26-61a-108 is enacted to read:
2353 26-61a-108. Agreement with a tribe.
2354 (1) As used in this section, "tribe" means a federally recognized Indian tribe or Indian
2355 band.
2356 (2) (a) In accordance with this section, the governor may enter into an agreement with a
2357 tribe to allow for the operation of a medical cannabis pharmacy on tribal land located within
2358 the state.
2359 (b) An agreement described in Subsection (2)(a) may not exempt any person from the
2360 requirements of this chapter.
2361 (c) The governor shall ensure that an agreement described in Subsection (2)(a):
2362 (i) is in writing;
2363 (ii) is signed by:
2364 (A) the governor; and
2365 (B) the governing body of the tribe that the tribe designates and has the authority to
2366 bind the tribe to the terms of the agreement;
2367 (iii) states the effective date of the agreement;
2368 (iv) provides that the governor shall renegotiate the agreement if the agreement is or
2369 becomes inconsistent with a state statute; and
2370 (v) includes any accommodation that the tribe makes:
2371 (A) to which the tribe agrees; and
2372 (B) that is reasonably related to the agreement.
2373 (d) Before executing an agreement under this Subsection (2), the governor shall consult
2374 with the department.
2375 (e) At least 30 days before the execution of an agreement described in this Subsection
2376 (2), the governor or the governor's designee shall provide a copy of the agreement in the form
2377 in which the agreement will be executed to:
2378 (i) the chairs of the Native American Legislative Liaison Committee; and
2379 (ii) the Office of Legislative Research and General Counsel.
2380 Section 53. Section 26-61a-109, which is renumbered from Section 26-60b-109 is
2381 renumbered and amended to read:
2382 [
2383 Revenue neutrality.
2384 (1) There is created [
2385 known as the [
2386 (2) The [
2387 [
2388
2389 [
2390
2391 [
2392
2393 [
2394 (3) Interest earned on the [
2395 fund.
2396 (4) [
2397 fund to fund the [
2398
2399 responsibilities under this chapter, except for the responsibilities described in Subsection
2400 26-61a-110(4).
2401 (5) The department shall set fees authorized under this chapter in amounts that the
2402 department anticipates are necessary, in total, to cover the department's cost to implement this
2403 chapter.
2404 Section 54. Section 26-61a-110 is enacted to read:
2405 26-61a-110. Qualified Distribution Enterprise Fund -- Creation.
2406 (1) There is created an enterprise fund known as the "Qualified Distribution Enterprise
2407 Fund."
2408 (2) The fund created in this section is funded from:
2409 (a) money the department deposits into the fund from the operation of the state central
2410 fill medical cannabis pharmacy under this chapter;
2411 (b) appropriations the Legislature makes to the fund; and
2412 (c) the interest described in Subsection (3).
2413 (3) Interest earned on the fund shall be deposited into the fund.
2414 (4) The department may only use money in the fund to fund the operation of the state
2415 central fill medical cannabis pharmacy.
2416 Section 55. Section 26-61a-111, which is renumbered from Section 26-60b-110 is
2417 renumbered and amended to read:
2418 [
2419 government employment.
2420 (1) For purposes of medical care, including an organ [
2421
2422 accordance with this chapter, of cannabis in a medicinal dosage form or a cannabis product in a
2423 medicinal dosage form:
2424 (a) is considered the equivalent of the authorized use of any other medication used at
2425 the discretion of a physician; and
2426 (b) does not constitute the use of an illicit substance or otherwise disqualify an
2427 individual from needed medical care.
2428 [
2429
2430
2431 (2) (a) Notwithstanding any other provision of law and except as provided in
2432 Subsection (2)(b), the state or any political subdivision shall treat an employee's use of medical
2433 cannabis in accordance with this chapter or Section 58-37-3.7 in the same way the state or
2434 political subdivision treats employee use of opioids and opiates.
2435 (b) Subsection (2)(a) does not apply where application would jeopardize federal
2436 funding for the employee's position.
2437 Section 56. Section 26-61a-112 is enacted to read:
2438 26-61a-112. No insurance requirement.
2439 Nothing in this chapter requires an insurer, a third-party administrator, or an employer
2440 to pay or reimburse for cannabis, a cannabis product, or a medical cannabis device.
2441 Section 57. Section 26-61a-113 is enacted to read:
2442 26-61a-113. No effect on use of hemp extract -- Cannabidiol -- Approved drugs.
2443 (1) Nothing in this chapter prohibits an individual:
2444 (a) with a valid hemp extract registration card that the department issues under Section
2445 26-56-103 from possessing, administering, or using hemp extract in accordance with Section
2446 58-37-4.3; or
2447 (b) from purchasing, selling, possessing, or using a cannabidiol product in accordance
2448 with Section 4-41-402.
2449 (2) Nothing in this chapter restricts or otherwise affects the prescription, distribution,
2450 or dispensing of a product that the United States Food and Drug Administration has approved.
2451 Section 58. Section 26-61a-114 is enacted to read:
2452 26-61a-114. Severability clause.
2453 (1) If any provision of this title or this bill or the application of any provision of this
2454 title or this bill to any person or circumstance is held invalid by a final decision of a court of
2455 competent jurisdiction, the remaining provisions of this title and this bill remain effective
2456 without the invalidated provision or application.
2457 (2) The provisions of this title and this bill are severable.
2458 Section 59. Section 26-61a-201, which is renumbered from Section 26-60b-201 is
2459 renumbered and amended to read:
2460
2461 [
2462 cannabis guardian card application -- Fees -- Studies.
2463 (1) [
2464 the department shall, within 15 days after [
2465 satisfies the eligibility criteria in this section or Section 26-61a-202 submits an application in
2466 [
2467 (a) issue a medical cannabis patient card to an individual [
2468
2469 (b) issue a medical cannabis guardian card to an individual described in Subsection
2470 (2)(b);
2471 (c) issue a provisional patient card to a minor described in Subsection (2)(c); and
2472 (d) issue a medical cannabis caregiver card to an individual described in Subsection
2473 26-61a-202(4).
2474 (2) (a) An individual is eligible for a medical cannabis patient card if:
2475 [
2476 (B) the individual is 18, 19, or 20 years old, the individual petitions the compassionate
2477 use board under Section 26-61a-105, and the compassionate use board recommends department
2478 approval of the petition;
2479 (ii) the individual is a Utah resident[
2480
2481 (iii) the individual's [
2482 treatment with medical cannabis in accordance with Subsection (4); [
2483 (iv) the individual signs an acknowledgment stating that the individual received the
2484 information described in Subsection (8); and
2485 (v) the individual pays to the department a fee in an amount that, subject to Subsection
2486 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
2487 (b) (i) [
2488 the individual:
2489 (A) is at least 18 years old;
2490 (B) is a Utah resident;
2491 (C) is the parent or legal guardian of a minor[
2492
2493 provider recommends a medical cannabis [
2494
2495 Section 26-61a-105, and the compassionate use board recommends department approval of the
2496 petition;
2497 (D) the individual signs an acknowledgment stating that the individual received the
2498 information described in Subsection (8);
2499 (E) pays to the department a fee in an amount that, subject to Subsection
2500 26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the
2501 criminal background check described in Section 26-61a-203; and
2502 (F) the individual has not been convicted of a misdemeanor or felony drug distribution
2503 offense under either state or federal law, unless the individual completed any imposed sentence
2504 six months or more before the day on which the individual applies for a medical cannabis
2505 guardian card.
2506 (ii) The department shall notify the Department of Public Safety of each individual that
2507 the department registers for a medical cannabis guardian card.
2508 (c) (i) A minor is eligible for a provisional patient card if:
2509 (A) the minor has a qualifying condition;
2510 (B) the minor's qualified medical provider recommends a medical cannabis treatment
2511 to address the minor's qualifying condition;
2512 (C) the minor's parent or legal guardian petitions the compassionate use board under
2513 Section 26-61a-105, and the compassionate use board recommends department approval of the
2514 petition; and
2515 (D) the minor's parent or legal guardian is eligible for a medical cannabis guardian card
2516 under Subsection (2)(b).
2517 (ii) The department shall automatically issue a provisional patient card to the minor
2518 described in Subsection (2)(c)(i) at the same time the department issues a medical cannabis
2519 guardian card to the minor's parent or legal guardian.
2520 (3) (a) An individual who is eligible for a medical cannabis card [
2521 Subsection [
2522 department [
2523 (i) through an electronic application connected to the state electronic verification
2524 system[
2525 (ii) with the recommending [
2526 recommending [
2527 (iii) with information including:
2528 (A) the [
2529 (B) the number of the applicant's valid form of identification that is a valid United
2530 States federal- or state-issued photo identification, including a driver license, a United States
2531 passport, a United States passport card, or a United States military identification card;
2532 (C) for a medical cannabis guardian card, the name, gender, and age of the minor
2533 receiving a medical cannabis treatment under the cardholder's medical cannabis guardian card;
2534 and
2535 (D) for a provisional patient card, the name of the minor's parent or legal guardian who
2536 holds the associated medical cannabis guardian card.
2537 (b) The department shall ensure that a medical cannabis card the department issues
2538 under this section contains the information described in Subsection (3)(a)(iii).
2539 (c) (i) If a qualified medical provider determines that, because of age, illness, or
2540 disability, a medical cannabis patient cardholder requires assistance in administering the
2541 medical cannabis treatment that the qualified medical provider recommends, the qualified
2542 medical provider may indicate the cardholder's need in the state electronic verification system.
2543 (ii) If a qualified medical provider makes the indication described in Subsection
2544 (3)(c)(i):
2545 (A) the department shall add a label to the relevant medical cannabis patient card
2546 indicating the cardholder's need for assistance; and
2547 (B) any adult who is 21 years old or older and who is physically present with the
2548 cardholder at the time the cardholder needs to use the recommended medical cannabis
2549 treatment may handle the medical cannabis treatment and any associated medical cannabis
2550 device as needed to assist the cardholder in administering the recommended medical cannabis
2551 treatment, including in the event of an emergency medical condition under Subsection
2552 26-61a-204(2).
2553 (iii) A non-cardholding individual acting under Subsection (3)(c)(ii)(B) may not:
2554 (A) ingest or inhale medical cannabis;
2555 (B) possess, transport, or handle medical cannabis or a medical cannabis device outside
2556 of the immediate area where the cardholder is present or with an intent other than to provide
2557 assistance to the cardholder; or
2558 (C) possess, transport, or handle medical cannabis or a medical cannabis device when
2559 the cardholder is not in the process of being dosed with medical cannabis.
2560 (4) [
2561 treatment to [
2562 medical provider shall:
2563 (a) before recommending cannabis in a medicinal dosage form or a cannabis product in
2564 a medicinal dosage form:
2565 (i) verify the patient's and, for a minor patient, the minor patient's parent or legal
2566 guardian's valid form of identification described in Subsection (3)(a);
2567 (ii) review any record related to the patient and, for a minor patient, the patient's parent
2568 or legal guardian in:
2569 (A) the state electronic verification system; and
2570 (B) the controlled substance database created in Section 58-37f-201; and
2571 (iii) consider the recommendation in light of the patient's qualifying condition and
2572 history of medical cannabis and controlled substance use; and
2573 [
2574 [
2575 (i) suffers from a qualifying [
2576 [
2577 (ii) may benefit from treatment with cannabis in a medicinal dosage form or a cannabis
2578 product in a medicinal dosage form.[
2579 [
2580
2581 (5) (a) [
2582
2583 (i) an amount of time [
2584 determines; or
2585 (ii) (A) for the first issuance, 30 days; or
2586 (B) for a renewal, six months.
2587 (b) (i) A medical cannabis card that the department issues in relation to a terminal
2588 illness described in Section 26-61a-104 does not expire.
2589 (ii) The recommending qualified medical provider may revoke a recommendation that
2590 the provider made in relation to a terminal illness described in Section 26-61a-104 if the
2591 medical cannabis cardholder no longer has the terminal illness.
2592 (6) (a) A medical cannabis patient card or a medical cannabis guardian card is
2593 renewable if:
2594 (i) at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) or
2595 (b); or
2596 (ii) the cardholder received the medical cannabis card through the recommendation of
2597 the compassionate use board under Section 26-61a-105.
2598 (b) A cardholder described in Subsection (6)(a) may renew the cardholder's card:
2599 (i) using the application process described in Subsection (3); or
2600 (ii) through phone or video conference with the qualified medical provider who made
2601 the recommendation underlying the card, at the qualifying medical provider's discretion.
2602 (c) A cardholder under Subsection (2)(a) or (b) who renews the cardholder's card shall
2603 pay to the department a renewal fee in an amount that:
2604 (i) subject to Subsection 26-61a-109(5), the department sets in accordance with Section
2605 63J-1-504; and
2606 (ii) may not exceed the cost of the relatively lower administrative burden of renewal in
2607 comparison to the original application process.
2608 (d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional
2609 patient card renews automatically at the time the minor's parent or legal guardian renews the
2610 parent or legal guardian's associated medical cannabis guardian card.
2611 (e) The department may revoke a medical cannabis guardian card if the cardholder
2612 under Subsection (2)(b) is convicted of a misdemeanor or felony drug distribution offense
2613 under either state or federal law.
2614 [
2615 under this section [
2616 the patient's name[
2617 (b) (i) A medical cannabis patient cardholder or a provisional patient cardholder may
2618 purchase, in accordance with this chapter and the recommendation underlying the card,
2619 cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a
2620 medical cannabis device.
2621 (ii) A cardholder under this section may possess[
2622 this chapter and the recommendation underlying the card, cannabis in a medicinal dosage form,
2623 a cannabis product in a medicinal dosage form, or a medical cannabis device[
2624 [
2625
2626
2627 medical cannabis treatment recommendation:
2628 (A) a medical cannabis patient cardholder or a provisional patient cardholder may use
2629 cannabis in a medicinal dosage form, a medical cannabis product in a medicinal dosage form,
2630 or a medical cannabis device; and
2631 (B) a medical cannabis guardian cardholder may assist the associated provisional
2632 patient cardholder with the use of cannabis in a medicinal dosage form, a medical cannabis
2633 product in a medicinal dosage form, or a medical cannabis device.
2634 [
2635 medical cannabis pharmacy is operating within the state after January 1, 2021[
2636
2637
2638
2639
2640
2641
2642 cardholder under this section is not subject to prosecution for the possession of:
2643 (i) no more than 113 grams of marijuana in a medicinal dosage form;
2644 (ii) an amount of cannabis product in a medicinal dosage form that contains no more
2645 than 20 grams of tetrahydrocannabinol; or
2646 (iii) marijuana drug paraphernalia.
2647 (8) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
2648 Utah Administrative Rulemaking Act, a process to provide information regarding the following
2649 to an individual receiving a medical cannabis card:
2650 (a) risks associated with medical cannabis treatment;
2651 (b) the fact that a condition's listing as a qualifying condition does not suggest that
2652 medical cannabis treatment is an effective treatment or cure for that condition, as described in
2653 Subsection 26-61a-104(1); and
2654 (c) other relevant warnings and safety information that the department determines.
2655 [
2656 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the [
2657
2658 [
2659 research study using medical cannabis cardholder data [
2660 verification system contains.
2661 (b) The department shall review a request [
2662 [
2663 (c) If the department [
2664 the medical research study is valid [
2665 each relevant [
2666 [
2667 (d) The department may release, for the purposes of a study described in this
2668 Subsection (10), information about a [
2669 consents to [
2670 (e) The department may establish standards for a medical research study's validity, by
2671 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2672 Section 60. Section 26-61a-202, which is renumbered from Section 26-60b-202 is
2673 renumbered and amended to read:
2674 [
2675 -- Renewal -- Revocation.
2676 (1) [
2677 two individuals to serve as a designated [
2678 if[
2679 [
2680 [
2681 or undue hardship, the [
2682 [
2683 provider recommends.
2684 (2) An individual [
2685 under this section:
2686 (a) may[
2687
2688 (b) [
2689 possess, transport, or assist the patient in the use of cannabis in a medicinal dosage form, a
2690 cannabis product in a medicinal dosage form, or a medical cannabis device on behalf of the
2691 designating [
2692 (c) may not charge a fee to an individual to act as the individual's designated caregiver
2693 or for a service that the designated caregiver provides in relation to the role as a designated
2694 caregiver;
2695 [
2696 cardholder for direct costs [
2697 designating [
2698 [
2699 pharmacy nor the state central fill medical cannabis pharmacy is [
2700
2701
2702
2703
2704
2705
2706 2021, is not subject to prosecution for the possession of:
2707 (i) no more than 113 grams of marijuana in a medicinal dosage form;
2708 (ii) an amount of cannabis product in a medicinal dosage form that contains no more
2709 than 20 grams of tetrahydrocannabinol; or
2710 (iii) marijuana drug paraphernalia.
2711 (3) (a) The department shall[
2712 (i) within [
2713 compliance with this section, issue a medical cannabis card to [
2714
2715 applicant:
2716 (A) is designated as a caregiver under Subsection (1);
2717 (B) is eligible for a medical cannabis caregiver card under Subsection (4); and
2718 (C) complies with this section; and
2719 (ii) notify the Department of Public Safety of each individual that the department
2720 registers as a designated caregiver.
2721 (b) The department shall ensure that a medical cannabis caregiver card contains the
2722 information described in Subsection (5)(b).
2723 (4) An individual is eligible for a medical cannabis [
2724 card if the individual:
2725 (a) is at least [
2726 (b) is a Utah resident;
2727 (c) pays[
2728 Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the
2729 cost of [
2730 26-61a-203;
2731 (d) signs an acknowledgment stating that the applicant received the information
2732 described in Subsection 26-61a-201(8); and
2733 [
2734 offense that is a felony under either state or federal law, unless the individual completes any
2735 imposed sentence [
2736 which the individual submits the application.
2737 (5) An [
2738
2739 (a) submit an application for a medical cannabis caregiver card to the department [
2740 through an electronic application connected to the state electronic verification system; and
2741 [
2742 (b) submit the following information in the application described in Subsection (5)(a):
2743 (i) the applicant's name, gender, age, and address [
2744 (ii) the name, gender, age, and address of the [
2745 Section 26-61a-201 who designated the [
2746 (iii) if a medical cannabis guardian cardholder designated the caregiver, the name,
2747 gender, and age of the minor receiving a medical cannabis treatment in relation to the medical
2748 cannabis guardian cardholder.
2749 (6) [
2750 [
2751 (a) an amount of time [
2752 the cardholder described in Section 26-61a-201 who designated the caregiver determines; or
2753 (b) the amount of time remaining before the card of the cardholder described in Section
2754 26-61a-201 expires.
2755 (7) [
2756
2757 [
2758
2759 [
2760 (a) If a designated caregiver meets the requirements of Subsection (4)[
2761 caregiver's medical cannabis caregiver card renews automatically at the time the cardholder
2762 described in Section 26-61a-201 who designated the caregiver:
2763 (i) renews the cardholder's card; and
2764 (ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
2765 (b) The department shall provide a method in the card renewal process to allow a
2766 cardholder described in Section 26-61a-201 who has designated a caregiver to:
2767 (i) signify that the cardholder renews the caregiver's designation;
2768 (ii) remove a caregiver's designation; or
2769 (iii) designate a new caregiver.
2770 [
2771
2772 [
2773 medical cannabis caregiver card if the [
2774 (a) violates this chapter; or
2775 (b) is convicted [
2776 (i) a felony; or
2777 (ii) after the effective date of this bill, a misdemeanor for drug distribution.
2778 Section 61. Section 26-61a-203, which is renumbered from Section 26-60b-203 is
2779 renumbered and amended to read:
2780 [
2781 background check.
2782 (1) [
2783 cannabis guardian card under Section [
2784 caregiver card under Section 26-61a-202 shall:
2785 (a) submit [
2786
2787 [
2788 [
2789 (ii) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2790 registration of the applicant's fingerprints in the Federal Bureau of Investigation Next
2791 Generation Identification System's Rap Back Service; and
2792 (b) consent to a fingerprint background check by:
2793 (i) the [
2794 (ii) the Federal Bureau of Investigation.
2795 [
2796 (a) [
2797
2798 (1)(a) against the applicable state, regional, and national criminal records databases, including
2799 the Federal Bureau of Investigation Next Generation Identification System;
2800 (b) report the results of the background check to the department[
2801 (c) maintain a separate file of fingerprints that applicants submit under Subsection
2802 (1)(a) for search by future submissions to the local and regional criminal records databases,
2803 including latent prints;
2804 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2805 Generation Identification System's Rap Back Service for search by future submissions to
2806 national criminal records databases, including the Next Generation Identification System and
2807 latent prints; and
2808 (e) establish a privacy risk mitigation strategy to ensure that the department only
2809 receives notifications for an individual with whom the department maintains an authorizing
2810 relationship.
2811 (3) The department shall:
2812 (a) assess an applicant who submits fingerprints under Subsection (1)(a) a fee in an
2813 amount that the department sets in accordance with Section 63J-1-504 for the services that the
2814 Bureau of Criminal Identification or another authorized agency provides under this section; and
2815 (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
2816 Identification.
2817 Section 62. Section 26-61a-204, which is renumbered from Section 26-60b-204 is
2818 renumbered and amended to read:
2819 [
2820 caregiver requirements -- Rebuttable presumption.
2821 (1) (a) [
2822 possesses cannabis in a medicinal dosage form or a cannabis product [
2823 medicinal dosage form that the [
2824 shall:
2825 [
2826 medical cannabis card;
2827 [
2828 medicinal dosage form, a label that identifies that the cannabis or cannabis product:
2829 (A) was [
2830 or the state central fill medical cannabis pharmacy; and
2831 (B) includes an identification number that links the cannabis or cannabis product to the
2832 inventory control system; and
2833 [
2834 (A) 113 grams of unprocessed cannabis; or
2835 (B) an amount of cannabis product that contains 20 [
2836 tetrahydrocannabinol [
2837 (b) A medical cannabis cardholder who possesses cannabis in a medicinal dosage form
2838 or a cannabis product in a medicinal dosage form in violation of Subsection (1)(a) is:
2839 (i) guilty of an infraction; and
2840 (ii) subject to a $100 fine.
2841 (c) A medical cannabis cardholder who possesses between 113 and 226 grams of
2842 unprocessed cannabis or a total amount of cannabis product that contains between 20 and 40
2843 grams of total composite tetrahydrocannabinol is:
2844 (i) guilty of a class B misdemeanor; and
2845 (ii) subject to a fine of $1,000.
2846 (d) An individual who is guilty of a violation described in Subsection (1)(b) or (c) is
2847 not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
2848 conduct underlying the penalty described in Subsection (1)(b) or (c).
2849 (e) A medical cannabis cardholder who possesses more than 226 grams of unprocessed
2850 cannabis or a total amount of cannabis product that contains more than 40 grams of total
2851 composite tetrahydrocannabinol is subject to the penalties described in Title 58, Chapter 37,
2852 Utah Controlled Substances Act.
2853 (2) (a) As used in this Subsection (2), "emergency medical condition" means the same
2854 as that term is defined in Section 31A-22-627.
2855 [
2856 medical cannabis [
2857 public view, cannabis or a cannabis product [
2858 [
2859 in Subsection (2)(b) may use [
2860 cannabis guardian card or a medical cannabis caregiver card may administer to the cardholder's
2861 charge, in public view [
2862 form or a cannabis product in a medicinal dosage form.
2863 (3) If [
2864 possesses cannabis in a medicinal dosage form or a cannabis product in compliance with
2865 Subsection (1), or a medical cannabis device that corresponds with the cannabis or cannabis
2866 product:
2867 (a) there is a rebuttable presumption that the [
2868 cannabis, cannabis product, or medical cannabis device legally; and
2869 (b) [
2870 on the [
2871 cannabis product in medicinal dosage form, or medical cannabis device, to believe that the
2872 [
2873 (4) (a) If a law enforcement officer stops an individual who possesses cannabis in a
2874 medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis
2875 device, and the individual represents to the law enforcement officer that the individual holds a
2876 valid medical cannabis card, but the individual does not have the medical cannabis card in the
2877 individual's possession at the time of the stop by the law enforcement officer, the law
2878 enforcement officer shall attempt to access the state electronic verification system to determine
2879 whether the individual holds a valid medical cannabis card.
2880 (b) If the law enforcement officer is able to verify that the individual described in
2881 Subsection (4)(a) [
2882 officer:
2883 (i) may not arrest or take the individual into custody for the sole reason that the
2884 individual is in possession of cannabis in a medicinal dosage form, a cannabis product in a
2885 medicinal dosage form, or a medical cannabis device; and
2886 (ii) may not seize the cannabis, cannabis product, or medical cannabis device.
2887 [
2888
2889
2890 Section 63. Section 26-61a-205 is enacted to read:
2891 26-61a-205. Lost or stolen medical cannabis card.
2892 (1) If a medical cannabis card is lost or stolen, the medical cannabis cardholder shall
2893 report the lost or stolen card to the department.
2894 (2) Upon receiving the report described in Subsection (1), the department shall
2895 designate the medical cannabis card as lost or stolen in the state electronic verification system.
2896 (3) A medical cannabis pharmacy agent or a local health department distribution agent
2897 may confiscate a medical cannabis card that is designated as lost or stolen in accordance with
2898 Subsection (2) if an individual presents the card at the relevant medical cannabis pharmacy or
2899 local health department.
2900 (4) To request a new medical cannabis card, the medical cannabis cardholder described
2901 in Subsection (1) shall:
2902 (a) complete a form that the department designates; and
2903 (b) pay a fee in an amount that, subject to Subsection 26-61a-109(5), the department
2904 sets in accordance with Section 63J-1-504.
2905 Section 64. Section 26-61a-301, which is renumbered from Section 26-60b-301 is
2906 renumbered and amended to read:
2907
2908 [
2909 Eligibility.
2910 (1) A person may not operate as a medical cannabis [
2911 license [
2912 (2) (a) Subject to [
2913 [
2914
2915 a license to operate a medical cannabis [
2916 who is eligible for a license under this section.
2917 (b) An applicant is eligible for a license under this section if the applicant submits to
2918 the department:
2919 [
2920 applicant will operate the medical cannabis [
2921
2922
2923
2924
2925 [
2926 (A) has a financial or voting interest of [
2927 medical cannabis [
2928 (B) has the power to direct or cause the management or control of a proposed cannabis
2929 production establishment;
2930 [
2931
2932 performance bond that a surety authorized to transact surety business in the state issues in an
2933 amount of at least $125,000 for each application [
2934 department;
2935 [
2936 (A) complies with Section [
2937 (B) includes operating procedures to comply with the operating requirements for a
2938 medical cannabis [
2939
2940 [
2941 [
2942
2943
2944 [
2945 [
2946 the person's approved application for the local land use permit [
2947 [
2948 26-61a-109(5), the department sets in accordance with Section 63J-1-504 [
2949
2950 (c) (i) A person may not locate a medical cannabis pharmacy in or within 600 feet of an
2951 area that the relevant municipality or county has zoned as primarily residential.
2952 (ii) An applicant for a license under this section shall provide evidence of compliance
2953 with the proximity requirement described in Subsection (2)(c)(i).
2954 (d) Except as provided in Subsection (2)(c), a medical cannabis pharmacy is a
2955 permitted use in all zoning districts within a municipality or county.
2956 (e) If the department receives more than one application for a medical cannabis
2957 pharmacy within the same city or town, the department shall consult with the local land use
2958 authority before approving any of the applications pertaining to that city or town.
2959 [
2960 eligible for a license under this section, the department shall:
2961 (a) charge the [
2962 [
2963 with Section 63J-1-504[
2964 (b) notify the Department of Public Safety of the license approval and the names of
2965 each individual described in Subsection (2)(b)(ii).
2966 [
2967 [
2968
2969
2970 (a) has been convicted [
2971 law[
2972 (i) a felony; or
2973 (ii) after the effective date of this bill, a misdemeanor for drug distribution; or
2974 (b) is [
2975 (5) If an applicant for a medical cannabis pharmacy license under this section holds a
2976 license under Title 4, Chapter 41, Hemp and Cannabidiol Act, or Title 4, Chapter 41a,
2977 Cannabis Production Establishments, the department:
2978 (a) shall consult with the Department of Agriculture and Food regarding the applicant;
2979 and
2980 (b) may not give preference to the applicant based on the applicant's status as a holder
2981 of a license described in this Subsection (5).
2982 (6) The department may revoke a license under this part if:
2983 (a) the medical cannabis [
2984 operations within one year [
2985 initial license[
2986 (b) the medical cannabis pharmacy makes the same violation of this chapter three
2987 times; or
2988 (c) an individual described in Subsection (2)(a)(ii) is convicted, while the license is
2989 active, under state or federal law of:
2990 (i) a felony; or
2991 (ii) after the effective date of this bill, a misdemeanor for drug distribution.
2992 (7) The department shall deposit the proceeds of a fee imposed by this section in the
2993 [
2994 (8) The department shall begin accepting applications under this part [
2995 or before March 1, 2020.
2996 (9) The department's authority to issue a license under this section is plenary and is not
2997 subject to review.
2998 Section 65. Section 26-61a-302, which is renumbered from Section 26-60b-402 is
2999 renumbered and amended to read:
3000 [
3001 directors -- Criminal background checks.
3002 (1) Each applicant for a license as a medical cannabis pharmacy shall submit, at the
3003 time of application, from each individual who has a financial or voting interest of [
3004 2% or greater in the applicant or who has the power to direct or cause the management or
3005 control of the applicant:
3006 (a) a fingerprint card in a form acceptable to the [
3007 Public Safety;
3008 (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
3009 registration of the individual's fingerprints in the Federal Bureau of Investigation Next
3010 Generation Identification System's Rap Back Service; and
3011 [
3012 (i) the [
3013 (ii) the Federal Bureau of Investigation.
3014 [
3015
3016
3017 (2) The Bureau of Criminal Identification shall:
3018 (a) check the fingerprints the applicant submits under Subsection (1) against the
3019 applicable state, regional, and national criminal records databases, including the Federal
3020 Bureau of Investigation Next Generation Identification System;
3021 (b) report the results of the background check to the department;
3022 (c) maintain a separate file of fingerprints that applicants submit under Subsection (1)
3023 for search by future submissions to the local and regional criminal records databases, including
3024 latent prints;
3025 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
3026 Generation Identification System's Rap Back Service for search by future submissions to
3027 national criminal records databases, including the Next Generation Identification System and
3028 latent prints; and
3029 (e) establish a privacy risk mitigation strategy to ensure that the department only
3030 receives notifications for an individual with whom the department maintains an authorizing
3031 relationship.
3032 (3) The department shall:
3033 (a) assess an individual who submits fingerprints under Subsection (1) a fee in an
3034 amount that the department sets in accordance with Section 63J-1-504 for the services that the
3035 Bureau of Criminal Identification or another authorized agency provides under this section; and
3036 (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
3037 Identification.
3038 Section 66. Section 26-61a-303, which is renumbered from Section 26-60b-302 is
3039 renumbered and amended to read:
3040 [
3041 (1) [
3042 license under this part every [
3043 (a) the [
3044 and
3045 (b) the [
3046 [
3047 with Section 63J-1-504.
3048 (2) (a) If a licensed medical cannabis [
3049 cannabis [
3050 license:
3051 (i) in a newspaper of general circulation for the geographic area in which the medical
3052 cannabis [
3053 (ii) on the Utah Public Notice Website established in Section 63F-1-701.
3054 (b) The department may establish criteria, in collaboration with the Division of
3055 Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
3056 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, [
3057 the medical cannabis [
3058 cannabis [
3059 Section 67. Section 26-61a-304, which is renumbered from Section 26-60b-303 is
3060 renumbered and amended to read:
3061 [
3062 [
3063 submit to the department a proposed operation plan for the medical cannabis [
3064 pharmacy that complies with this section and that includes:
3065 [
3066 a floor plan and an architectural elevation;
3067 [
3068 [
3069 pharmacy; and
3070 [
3071 [
3072 [
3073 [
3074 control system, including a plan to make the inventory control system compatible with the state
3075 electronic verification system[
3076 (6) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
3077 manner that is sanitary and preserves the integrity of the cannabis.
3078 Section 68. Section 26-61a-305, which is renumbered from Section 26-60b-304 is
3079 renumbered and amended to read:
3080 [
3081 (1) (a) [
3082 more than [
3083 licenses.
3084 [
3085 [
3086
3087 (b) (i) In addition to the licenses described in Subsection (1)(a), the department shall
3088 issue an eighth license if the state central fill medical cannabis pharmacy:
3089 (A) is not operational by January 1, 2021; or
3090 (B) ceases operations after January 1, 2021.
3091 (ii) In addition to the licenses described in Subsections (1)(a) and (1)(b)(i), the
3092 department shall issue a ninth license if the state central fill medical cannabis pharmacy:
3093 (A) is not operational by July 1, 2021; or
3094 (B) ceases operations after July 1, 2021.
3095 (iii) In addition to the licenses described in Subsections (1)(a), (1)(b)(i), and (1)(b)(ii),
3096 the department shall issue a tenth license if the state central fill medical cannabis pharmacy:
3097 (A) is not operational by January 1, 2022; or
3098 (B) ceases operations after January 1, 2022.
3099 (iv) The department shall issue the licenses described in Subsection (1)(b)(i), (ii), and
3100 (iii), if a final order of a court enjoins or invalidates the operation of the state central fill
3101 medical cannabis pharmacy.
3102 (2) If there are more qualified applicants than there are available licenses for medical
3103 cannabis [
3104 (a) evaluate [
3105 best demonstrates:
3106 [
3107 involves complying with a regulatory environment, tracking inventory, and training, evaluating,
3108 and monitoring employees;
3109 [
3110 the community;
3111 [
3112 [
3113 qualifying patients; and
3114 [
3115 products for patients[
3116 (b) ensure a geographic dispersal among licensees that is sufficient to reasonably
3117 maximize access to the largest number of medical cannabis cardholders.
3118 (3) The department may conduct a face-to-face interview with an applicant for a
3119 license that the department evaluates under Subsection (2).
3120 Section 69. Section 26-61a-401, which is renumbered from Section 26-60b-401 is
3121 renumbered and amended to read:
3122
3123 [
3124 Registration.
3125 (1) An individual may not serve as a medical cannabis [
3126 a medical cannabis [
3127 department registers the individual as a medical cannabis [
3128 (2) [
3129 regardless of the individual's status as a qualified medical provider, may not act as a medical
3130 cannabis [
3131 a medical cannabis pharmacy, or have the power to direct or cause the management or control
3132 of a medical cannabis pharmacy:
3133 (a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
3134 Practice Act;
3135 (b) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
3136 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
3137 (c) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
3138 (3) (a) The department shall, within 15 days after [
3139 department receives a complete application from a medical cannabis [
3140 behalf of a prospective medical cannabis [
3141 medical cannabis [
3142 prospective agent if the medical cannabis pharmacy:
3143 [
3144 (A) the [
3145 (B) the name and location of the licensed medical cannabis [
3146 where the [
3147 pharmacy agent; [
3148 (C) the submission required under Subsection (3)(b); and
3149 [
3150 Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504[
3151
3152 (b) Each prospective agent described in Subsection (3)(a) shall:
3153 (i) submit to the department:
3154 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
3155 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
3156 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
3157 Generation Identification System's Rap Back Service; and
3158 (ii) consent to a fingerprint background check by:
3159 (A) the Bureau of Criminal Identification; and
3160 (B) the Federal Bureau of Investigation.
3161 (c) The Bureau of Criminal Identification shall:
3162 (i) check the fingerprints the prospective agent submits under Subsection (3)(b) against
3163 the applicable state, regional, and national criminal records databases, including the Federal
3164 Bureau of Investigation Next Generation Identification System;
3165 (ii) report the results of the background check to the department;
3166 (iii) maintain a separate file of fingerprints that prospective agents submit under
3167 Subsection (3)(b) for search by future submissions to the local and regional criminal records
3168 databases, including latent prints;
3169 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
3170 Generation Identification System's Rap Back Service for search by future submissions to
3171 national criminal records databases, including the Next Generation Identification System and
3172 latent prints; and
3173 (v) establish a privacy risk mitigation strategy to ensure that the department only
3174 receives notifications for an individual with whom the department maintains an authorizing
3175 relationship.
3176 (d) The department shall:
3177 (i) assess an individual who submits fingerprints under Subsection (3)(b) a fee in an
3178 amount that the department sets in accordance with Section 63J-1-504 for the services that the
3179 Bureau of Criminal Identification or another authorized agency provides under this section; and
3180 (ii) remit the fee described in Subsection (3)(d) to the Bureau of Criminal
3181 Identification.
3182 (4) The department shall designate, on an individual's medical cannabis [
3183 pharmacy agent registration card[
3184 where the individual is registered as an agent.
3185 (5) A medical cannabis [
3186 standard [
3187 Division of Occupational and Professional Licensing and the Board of Pharmacy, or a [
3188
3189 rule [
3190 the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
3191 Rulemaking Act.
3192 (6) The department shall ensure that the certification standard described in Subsection
3193 (5) [
3194 (a) Utah medical cannabis law; and
3195 (b) medical cannabis [
3196 (7) The department may revoke [
3197 pharmacy agent registration card of or refuse to issue a medical cannabis pharmacy agent
3198 registration card to an individual who:
3199 (a) violates the requirements of this chapter; or
3200 (b) is convicted [
3201 (i) a felony; or
3202 (ii) after the effective date of this bill, a misdemeanor for drug distribution.
3203 (8) (a) A medical cannabis pharmacy agent registration card expires two years after the
3204 day on which the department issues or renews the card.
3205 (b) A medical cannabis pharmacy agent may renew the agent's registration card if the
3206 agent:
3207 (i) is eligible for a medical cannabis pharmacy agent registration card under this
3208 section;
3209 (ii) certifies to the department in a renewal application that the information in
3210 Subsection (3)(a) is accurate or updates the information; and
3211 (iii) pays to the department a renewal fee in an amount that:
3212 (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
3213 Section 63J-1-504; and
3214 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
3215 comparison to the original application process.
3216 Section 70. Section 26-61a-402, which is renumbered from Section 26-60b-403 is
3217 renumbered and amended to read:
3218 [
3219 card -- Rebuttable presumption.
3220 (1) A medical cannabis [
3221
3222 [
3223 (a) the individual is on the premises of a medical cannabis [
3224 (b) the individual is transporting cannabis in a medicinal dosage form, a cannabis
3225 product in a medicinal dosage form, or a medical cannabis device between [
3226
3227 cannabis [
3228 (2) If an individual handling, at a medical cannabis pharmacy, cannabis in a medicinal
3229 dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device [
3230
3231 in a medicinal dosage form, or a medical cannabis device, possesses the cannabis, cannabis
3232 product, or medical cannabis device in compliance with Subsection (1):
3233 (a) there is a rebuttable presumption that the individual possesses the cannabis,
3234 cannabis product, or medical cannabis device legally; and
3235 (b) [
3236 on the individual's possession of the cannabis in medicinal dosage form, cannabis product in
3237 medicinal dosage form, or medical cannabis device in compliance with Subsection (1), [
3238
3239 (3) (a) [
3240 carry the agent's medical cannabis pharmacy agent registration card in accordance with
3241 Subsection (1) is:
3242 (i) for a first or second offense in a two-year period:
3243 [
3244 [
3245 (ii) for a third or subsequent offense in a two-year period:
3246 (A) guilty of a class C misdemeanor; and
3247 (B) subject to a $750 fine.
3248 (b) (i) The prosecuting entity shall notify the department and the relevant medical
3249 cannabis pharmacy of each conviction under Subsection (3)(a).
3250 (ii) For each violation described in Subsection (3)(a)(ii), the department may assess the
3251 relevant medical cannabis pharmacy a fine of up to $5,000, in accordance with a fine schedule
3252 that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
3253 Administrative Rulemaking Act.
3254 (c) An individual who is guilty of a violation described in Subsection (3)(a) is not
3255 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3256 underlying the violation described in Subsection (3)(a).
3257 Section 71. Section 26-61a-403 is enacted to read:
3258 26-61a-403. Pharmacy medical providers -- Registration -- Continuing education.
3259 (1) (a) A medical cannabis pharmacy:
3260 (i) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
3261 Practice Act, as a pharmacy medical provider;
3262 (ii) may employ a physician who has the authority to write a prescription and is
3263 licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
3264 Osteopathic Medical Practice Act, as a pharmacy medical provider;
3265 (iii) shall ensure that a pharmacy medical provider described in Subsection (1)(a)(i)
3266 works onsite during all business hours; and
3267 (iv) shall designate one pharmacy medical provider described in Subsection (1)(a)(i) as
3268 the pharmacist-in-charge to oversee the operation of and generally supervise the medical
3269 cannabis pharmacy.
3270 (b) An individual may not serve as a pharmacy medical provider unless the department
3271 registers the individual as a pharmacy medical provider in accordance with Subsection (2).
3272 (2) (a) The department shall, within 15 days after the day on which the department
3273 receives an application from a medical cannabis pharmacy on behalf of a prospective pharmacy
3274 medical provider, register and issue a pharmacy medical provider registration card to the
3275 prospective pharmacy medical provider if the medical cannabis pharmacy:
3276 (i) provides to the department:
3277 (A) the prospective pharmacy medical provider's name and address;
3278 (B) the name and location of the licensed medical cannabis pharmacy where the
3279 prospective pharmacy medical provider seeks to act as a pharmacy medical provider;
3280 (C) a report detailing the completion of the continuing education requirement described
3281 in Subsection (3); and
3282 (D) evidence that the prospective pharmacy medical provider is a pharmacist who is
3283 licensed under Title 58, Chapter 17b, Pharmacy Practice Act, or a physician who has the
3284 authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical
3285 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
3286 (ii) pays a fee to the department in an amount that, subject to Subsection
3287 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
3288 (b) The department may not register a qualified medical provider or a state central fill
3289 medical provider as a pharmacy medical provider.
3290 (3) (a) A pharmacy medical provider shall complete the continuing education described
3291 in this Subsection (3) in the following amounts:
3292 (i) as a condition precedent to registration, four hours; and
3293 (ii) as a condition precedent to renewal of the registration, four hours every two years.
3294 (b) In accordance with Subsection (3)(a), the pharmacy medical provider shall:
3295 (i) complete continuing education:
3296 (A) regarding the topics described in Subsection (3)(d); and
3297 (B) offered by the department under Subsection (3)(c) or an accredited or approved
3298 continuing education provider that the department recognizes as offering continuing education
3299 appropriate for the medical cannabis pharmacy practice; and
3300 (ii) make a continuing education report to the department in accordance with a process
3301 that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
3302 Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
3303 Professional Licensing and:
3304 (A) for a pharmacy medical provider who is licensed under Title 58, Chapter 17b,
3305 Pharmacy Practice Act, the Board of Pharmacy;
3306 (B) for a pharmacy medical provider licensed under Title 58, Chapter 67, Utah Medical
3307 Practice Act, the Physicians Licensing Board; and
3308 (C) for a pharmacy medical provider licensed under Title 58, Chapter 68, Utah
3309 Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
3310 (c) The department may, in consultation with the Division of Occupational and
3311 Professional Licensing, develop the continuing education described in this Subsection (3).
3312 (d) The continuing education described in this Subsection (3) may discuss:
3313 (i) the provisions of this chapter;
3314 (ii) general information about medical cannabis under federal and state law;
3315 (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
3316 including risks and benefits;
3317 (iv) recommendations for medical cannabis as it relates to the continuing care of a
3318 patient in pain management, risk management, potential addiction, and palliative care; or
3319 (v) best practices for recommending the form and dosage of a medical cannabis
3320 product based on the qualifying condition underlying a medical cannabis recommendation.
3321 (4) (a) A pharmacy medical provider registration card expires two years after the day
3322 on which the department issues or renews the card.
3323 (b) A pharmacy medical provider may renew the provider's registration card if the
3324 provider:
3325 (i) is eligible for a pharmacy medical provider registration card under this section;
3326 (ii) certifies to the department in a renewal application that the information in
3327 Subsection (2)(a) is accurate or updates the information;
3328 (iii) submits a report detailing the completion of the continuing education requirement
3329 described in Subsection (3); and
3330 (iv) pays to the department a renewal fee in an amount that:
3331 (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
3332 Section 63J-1-504; and
3333 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
3334 comparison to the original application process.
3335 Section 72. Section 26-61a-501, which is renumbered from Section 26-60b-501 is
3336 renumbered and amended to read:
3337
3338 [
3339 (1) (a) A medical cannabis [
3340 (i) at the physical address provided to the department under Section 26-61a-301; and
3341 (ii) in accordance with the operating plan provided to the department under [
3342
3343 (b) A medical cannabis [
3344 change in the medical cannabis [
3345 (2) [
3346 pharmacy unless the individual:
3347 (a) is at least 18 years old; and
3348 [
3349
3350 (i) medical cannabis [
3351 (ii) medical cannabis card[
3352 [
3353 (3) A medical cannabis [
3354 individual who is younger than 21 years [
3355 (4) A medical cannabis [
3356
3357 may not employ [
3358 felony under [
3359 (5) [
3360 may authorize an individual who is not a medical cannabis [
3361 access the medical cannabis [
3362 pharmacy tracks and monitors the individual at all times while the individual is at the medical
3363 cannabis [
3364 (6) A medical cannabis [
3365 (a) a single, secure public entrance;
3366 (b) a security system with a backup power source that:
3367 (i) detects and records entry into the medical cannabis [
3368 (ii) provides notice of an unauthorized entry to law enforcement when the medical
3369 cannabis [
3370 (c) a lock on [
3371 cannabis or a cannabis product.
3372 (7) A medical cannabis [
3373 conspicuously in the medical cannabis [
3374 cannabis described in Subsection [
3375 (8) A medical cannabis [
3376 consume cannabis on the property or premises of the medical cannabis [
3377 (9) A medical cannabis [
3378 product without first indicating on the cannabis or cannabis product label the name of the
3379 medical cannabis [
3380 (10) (a) Each medical cannabis pharmacy shall retain in the pharmacy's records the
3381 following information regarding each recommendation underlying a transaction:
3382 (i) the qualified medical provider's name, address, and telephone number;
3383 (ii) the patient's name and address;
3384 (iii) the date of issuance;
3385 (iv) dosing parameters or an indication that the qualified medical provider did not
3386 recommend specific dosing parameters; and
3387 (v) if the patient did not complete the transaction, the name of the medical cannabis
3388 cardholder who completed the transaction.
3389 (b) The medical cannabis pharmacy may not sell cannabis or a cannabis product unless
3390 the cannabis or cannabis product has a label securely affixed to the container indicating the
3391 following minimum information:
3392 (i) the name, address, and telephone number of the medical cannabis pharmacy;
3393 (ii) the unique identification number that the medical cannabis pharmacy assigns;
3394 (iii) the date of the sale;
3395 (iv) the name of the patient;
3396 (v) the name of the qualified medical provider who recommended the medical cannabis
3397 treatment;
3398 (vi) directions for use and cautionary statements, if any;
3399 (vii) the amount dispensed and the cannabinoid content;
3400 (viii) the beyond use date; and
3401 (ix) any other requirements that the department determines, in consultation with the
3402 Division of Occupational and Professional Licensing and the Board of Pharmacy.
3403 (11) A pharmacy medical provider or medical cannabis pharmacy agent shall:
3404 (a) unless the medical cannabis cardholder has had a consultation under Subsection
3405 26-61a-502(4), verbally offer to a medical cannabis cardholder at the time of a purchase of
3406 cannabis, a cannabis product, or a medical cannabis device, personal, face-to-face counseling
3407 with the pharmacy medical provider who is a pharmacist; and
3408 (b) provide a telephone number or website by which the cardholder may contact a
3409 pharmacy medical provider for counseling.
3410 (12) (a) A medical cannabis pharmacy may create a medical cannabis disposal program
3411 that allows an individual to deposit unused or excess medical cannabis, cannabis residue from a
3412 medical cannabis device, or medical cannabis product in a locked box or other secure
3413 receptacle within the medical cannabis pharmacy.
3414 (b) A medical cannabis pharmacy with a disposal program described in Subsection
3415 (12)(a) shall ensure that only a medical cannabis pharmacy agent can access deposited medical
3416 cannabis or medical cannabis products.
3417 (c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis or
3418 medical cannabis products by:
3419 (i) rendering the deposited medical cannabis or medical cannabis products unusable
3420 and unrecognizable before transporting deposited medical cannabis or medical cannabis
3421 products from the medical cannabis pharmacy; and
3422 (ii) disposing of the deposited medical cannabis or medical cannabis products in
3423 accordance with:
3424 (A) federal and state law, rules, and regulations related to hazardous waste;
3425 (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
3426 (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
3427 (D) other regulations that the department makes in accordance with Title 63G, Chapter
3428 3, Utah Administrative Rulemaking Act.
3429 (13) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
3430 Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
3431 by a medical cannabis pharmacy.
3432 Section 73. Section 26-61a-502, which is renumbered from Section 26-60b-502 is
3433 renumbered and amended to read:
3434 [
3435 pharmacy may dispense -- Reporting -- Form of cannabis or cannabis product.
3436 (1) (a) A medical cannabis [
3437 than, subject to this chapter:
3438 [
3439 acquired from a cannabis processing facility that is licensed under Section 4-41a-201;
3440 [
3441 pharmacy acquired from a cannabis processing facility that is licensed under Section
3442 4-41a-201;
3443 [
3444 [
3445 [
3446 listed in Subsection (1)(a) to an individual with:
3447 (i) a medical cannabis card [
3448 (ii) corresponding identification that is a valid United States federal- or state-issued
3449 photo identification, including a driver license, a United States passport, a United States
3450 passport card, or a United States military identification card.
3451 (c) Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a
3452 cannabis-based drug that the United States Food and Drug Administration has approved.
3453 [
3454
3455 (a) to a medical cannabis [
3456 than the lesser of:
3457 (i) an amount sufficient to provide 14 days of treatment based on the dosing parameters
3458 that the relevant qualified medical provider recommends; or
3459 [
3460
3461 the amount of tetrahydrocannabinol and cannabidiol in the cannabis; or
3462 [
3463 contains, in total, greater than 10 grams of total composite tetrahydrocannabinol [
3464
3465 (b) to a medical cannabis cardholder whose primary residence is located more than 100
3466 miles from the nearest medical cannabis pharmacy or local health department, in any one
3467 28-day period, more than the lesser of:
3468 (i) an amount sufficient to provide 30 days of treatment based on the dosing parameters
3469 that the relevant qualified medical provider recommends; or
3470 (ii) (A) 113 grams by weight of unprocessed cannabis that is in a medicinal dosage
3471 form and that carries a label clearly displaying the amount of tetrahydrocannabinol and
3472 cannabidiol in the cannabis; or
3473 (B) an amount of cannabis products that is in a medicinal dosage form and that
3474 contains, in total, greater than 20 grams of total composite tetrahydrocannabinol; or
3475 (c) to an individual whose qualified medical provider did not recommend dosing
3476 parameters, until the individual consults with the pharmacy medical provider in accordance
3477 with Subsection (4), any cannabis or cannabis products.
3478 [
3479 (a) more cannabis or cannabis products than the amounts designated in Subsection
3480 [
3481 (b) if the relevant qualified medical provider did not recommend dosing parameters,
3482 until the individual consults with the pharmacy medical provider in accordance with
3483 Subsection (4), any cannabis or cannabis products.
3484 (4) If a qualified medical provider recommends treatment with medical cannabis or a
3485 cannabis product but does not provide dosing parameters:
3486 (a) the qualified medical provider shall document in the recommendation:
3487 (i) an evaluation of the qualifying condition underlying the recommendation;
3488 (ii) prior treatment attempts with cannabis and cannabis products; and
3489 (iii) the patient's current medication list; and
3490 (b) before the relevant medical cannabis cardholder may obtain cannabis in a medicinal
3491 dosage form or a cannabis product in a medicinal dosage form, the pharmacy medical provider
3492 shall:
3493 (i) review pertinent medical records, including the qualified medical provider
3494 documentation described in Subsection (4)(a); and
3495 (ii) after completing the review described in Subsection (4)(b)(i) and consulting with
3496 the recommending qualified medical provider as needed, determine the best course of treatment
3497 through consultation with the cardholder regarding:
3498 (A) the patient's qualifying condition underlying the recommendation from the
3499 qualified medical provider;
3500 (B) indications for available treatments;
3501 (C) dosing parameters; and
3502 (D) potential adverse reactions.
3503 (5) A medial cannabis [
3504 (a) (i) access the state electronic verification system before dispensing cannabis or a
3505 cannabis product to [
3506 determine if the [
3507 maximum amount of cannabis or cannabis products described in Subsection [
3508 (ii) if the verification in Subsection (5)(a)(i) indicates that the individual has met the
3509 maximum amount described in Subsection (2):
3510 (A) decline the sale; and
3511 (B) notify the qualified medical provider who made the underlying recommendation;
3512 (b) submit a record to the state electronic verification system each time the medical
3513 cannabis [
3514
3515 (c) package any cannabis or cannabis product that is in a blister pack in a container
3516 that:
3517 (i) complies with Subsection 4-41a-602(2);
3518 (ii) is tamper-resistant and tamper-evident; and
3519 (iii) opaque; and
3520 (d) for a product that is a cube that is designed for ingestion through chewing or
3521 holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
3522 of over-consumption.
3523 (6) (a) Except as provided in Subsection (6)(b), a medical cannabis [
3524 pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device
3525 that is intentionally designed or constructed to resemble a cigarette.
3526 (b) A medial cannabis [
3527 warms cannabis material into a vapor without the use of a flame and that delivers cannabis to
3528 an individual's respiratory system.
3529 (7) A medical cannabis [
3530
3531 allowed to sell under Subsection (1).
3532 (8) The department may impose a uniform fee on each medical cannabis cardholder
3533 transaction in a medical cannabis pharmacy in an amount that, subject to Subsection
3534 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
3535 Section 74. Section 26-61a-503 is enacted to read:
3536 26-61a-503. Partial filling.
3537 (1) As used in this section, "partially fill" means to provide less than the full amount of
3538 cannabis or cannabis product that the qualified medical provider recommends, if the qualified
3539 medical provider recommended specific dosing parameters.
3540 (2) A pharmacy medical provider may partially fill a recommendation for a medical
3541 cannabis treatment at the request of the qualified medical provider who issued the medical
3542 cannabis treatment recommendation or the medical cannabis cardholder.
3543 (3) The department shall make rules, in collaboration with the Division of
3544 Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
3545 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying how to record the date,
3546 quantity supplied, and quantity remaining of a partially filled medical cannabis treatment
3547 recommendation.
3548 (4) A pharmacy medical provider who is a pharmacist may, upon the request of a
3549 medical cannabis cardholder, determine different dosing parameters, subject to the dosing
3550 limits in Subsection 26-61a-502(2), to fill the quantity remaining of a partially filled medical
3551 cannabis treatment recommendation if:
3552 (a) the pharmacy medical provider determined dosing parameters for the partial fill
3553 under Subsection 26-61a-502(4); and
3554 (b) the medical cannabis cardholder reports that:
3555 (i) the partial fill did not substantially affect the qualifying condition underlying the
3556 medical cannabis recommendation; or
3557 (ii) the patient experienced an adverse reaction to the partial fill or was otherwise
3558 unable to successfully use the partial fill.
3559 Section 75. Section 26-61a-504, which is renumbered from Section 26-60b-503 is
3560 renumbered and amended to read:
3561 [
3562 (1) Each medical cannabis pharmacy shall maintain the pharmacy's medical cannabis
3563 treatment recommendation files and other records in accordance with this chapter, department
3564 rules, and the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No.
3565 104-191, 110 Stat. 1936, as amended.
3566 (2) The department may inspect the records and facility of a medical cannabis
3567 [
3568 cannabis [
3569 chapter.
3570 (3) An inspection under this section may include:
3571 (a) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
3572 physical or electronic information;
3573 (b) questioning of any relevant individual; or
3574 (c) inspection of equipment, an instrument, a tool, or machinery, including a container
3575 or label.
3576 (4) In making an inspection under this section, the department may freely access any
3577 area and review and make copies of a book, record, paper, document, data, or other physical or
3578 electronic information, including financial data, sales data, shipping data, pricing data, and
3579 employee data.
3580 (5) Failure to provide the department or the department's authorized agents immediate
3581 access to records and facilities during business hours in accordance with this section may result
3582 in:
3583 (a) the imposition of a civil monetary penalty that the department sets in accordance
3584 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3585 (b) license or registration suspension or revocation; or
3586 (c) an immediate cessation of operations under a cease and desist order that the
3587 department issues.
3588 Section 76. Section 26-61a-505, which is renumbered from Section 26-60b-504 is
3589 renumbered and amended to read:
3590 [
3591 (1) Except as provided in Subsections (2) and (3), a medical cannabis [
3592 pharmacy may not advertise in any medium.
3593 (2) A medical cannabis [
3594 medical cannabis [
3595 (a) the medical cannabis [
3596 (b) a green cross.
3597 (3) A medical cannabis [
3598 information about:
3599 (a) the location and hours of operation of the medial cannabis [
3600 (b) [
3601 [
3602 (c) personnel affiliated with the medical cannabis [
3603 (d) best practices that the medical cannabis [
3604 (e) educational [
3605 Section 77. Section 26-61a-506, which is renumbered from Section 26-60b-505 is
3606 renumbered and amended to read:
3607 [
3608 cannabis device transportation.
3609 (1) [
3610 the following individuals may [
3611 product in a medicinal dosage form, or a medical cannabis device [
3612 under this chapter:
3613 (a) a registered medical cannabis [
3614 (b) a registered [
3615 (c) a courier for a state central fill shipment described in Section 26-61a-605; or
3616 (d) a medical cannabis cardholder who is transporting a medical cannabis treatment
3617 that the cardholder is authorized to transport.
3618 (2) Except for an individual with a valid medical cannabis card[
3619 this chapter who is transporting a medical cannabis[
3620
3621 Subsection (1) shall possess a transportation manifest that:
3622 (a) includes a unique identifier that links the cannabis, cannabis product, or medical
3623 cannabis device to a relevant inventory control system;
3624 (b) includes origin and destination information for [
3625 or a medical cannabis device that the individual is transporting; and
3626 (c) [
3627 transporting the cannabis, cannabis product, or medical cannabis device.
3628 (3) (a) In addition to the requirements in Subsections (1) and (2), the department may
3629 establish[
3630 Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
3631 Administrative Rulemaking Act, requirements for transporting cannabis in a medicinal dosage
3632 form, a cannabis product in a medicinal dosage form, or a medical cannabis device to ensure
3633 that [
3634 device remains safe for human consumption.
3635 (b) The transportation described in Subsection (3)(a) is limited to transportation:
3636 (i) between a medical cannabis pharmacy and another medical cannabis pharmacy; and
3637 (ii) between the state central fill medical cannabis pharmacy and:
3638 (A) another state central fill medical cannabis pharmacy location; or
3639 (B) a local health department.
3640 (4) (a) [
3641
3642 state central fill agent, or a courier described in Section 26-61a-605 to make a transport
3643 described in this section with a manifest that does not meet the requirements of [
3644
3645 (b) Except as provided in Subsection (4)(d), an agent or courier who violates
3646 Subsection (4)(a) is:
3647 [
3648 [
3649 (c) An individual who is guilty of a violation described in Subsection (4)(b) is not
3650 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3651 underlying the violation described in Subsection (4)(b).
3652 (d) If the individual described in Subsection (4)(a) is transporting more cannabis,
3653 cannabis product, or medical cannabis devices than the manifest identifies, except for a de
3654 minimis administrative error:
3655 (i) this chapter does not apply; and
3656 (ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
3657 Substances Act.
3658 Section 78. Section 26-61a-507, which is renumbered from Section 26-60b-506 is
3659 renumbered and amended to read:
3660 [
3661 [
3662
3663
3664 (1) (a) (i) Except as provided in Subsection (1)(a)(ii), to be eligible to obtain or
3665 maintain a license under Section 26-61a-301, a person shall demonstrate that the intended
3666 medical cannabis pharmacy location is located at least:
3667 (A) 600 feet from a community location's property boundary following the shortest
3668 route of ordinary pedestrian travel;
3669 (B) 200 feet from the patron entrance to the community location's property boundary;
3670 and
3671 (C) 600 feet from an area zoned primarily residential.
3672 (ii) A municipal or county land use authority may recommend in writing that the
3673 department waive the community location proximity requirement described in Subsection
3674 (1)(a)(i).
3675 [
3676
3677 applicant or medical cannabis [
3678 [
3679 (ii) A municipality or county may not deny or revoke a business license to operate a
3680 medical cannabis pharmacy on the sole basis that the applicant or medical cannabis pharmacy
3681 violates federal law regarding the legal status of cannabis.
3682 [
3683 (a) is not in conflict with this chapter [
3684 (b) governs the time, place, [
3685 pharmacy operations in the municipality or county.
3686 Section 79. Section 26-61a-601 is enacted to read:
3687
3688 26-61a-601. Department to establish state central fill medical cannabis pharmacy
3689 -- Duties -- Pharmacy medical provider registration -- Continuing education.
3690 (1) On or before July 1, 2020, the department shall establish or contract to establish, in
3691 accordance with Title 63G, Chapter 6a, Utah Procurement Code, a state central fill medical
3692 cannabis pharmacy as described in this section.
3693 (2) The state central fill medical cannabis pharmacy shall:
3694 (a) procure cannabis that a cannabis processing facility processes into a medicinal
3695 dosage form;
3696 (b) prepare cannabis in medicinal dosage form, a cannabis product in medicinal dosage
3697 form, or a medical cannabis device for shipment to a medical cannabis cardholder under a
3698 qualified medical provider's recommendation to address a qualifying condition;
3699 (c) transport a state central fill shipment, in accordance with Section 26-61a-605, to the
3700 relevant local health department for distribution, in accordance with Section 26-61a-607;
3701 (d) (i) (A) if the state establishes the state central fill medical cannabis pharmacy,
3702 process and accept payment for a transaction involving a state central fill shipment; or
3703 (B) if the state establishes the state central fill medical cannabis pharmacy by contract,
3704 process prepaid requests for a state central fill shipment from the department; and
3705 (ii) deposit funds that the state central fill medical cannabis pharmacy collects under
3706 Subsection (2)(d)(i) into the Qualified Distribution Enterprise Fund created in Section
3707 26-61a-110.
3708 (3) (a) An individual may not enter a state central fill medical cannabis pharmacy
3709 location unless:
3710 (i) the individual is a state central fill agent or an employee of the state central fill
3711 medical cannabis pharmacy;
3712 (ii) the individual is an employee of the department; or
3713 (iii) a state central fill agent escorts the individual at all times.
3714 (b) An individual who violates Subsection (3)(a) is:
3715 (i) guilty of an infraction; and
3716 (ii) subject to a $100 fine.
3717 (c) An individual who is guilty of a violation described in Subsection (3)(b) is not
3718 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3719 underlying the violation described in Subsection (3)(b).
3720 (4) (a) The state central fill medical cannabis pharmacy:
3721 (i) shall employ at least one pharmacist who is licensed under Title 58, Chapter 17b,
3722 Pharmacy Practice Act, as a state central fill medical provider;
3723 (ii) may employ a physician who has the authority to write a prescription and is
3724 licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
3725 Osteopathic Medical Practice Act, as a state central fill medical provider;
3726 (iii) shall ensure that a state central fill medical provider described in Subsection
3727 (4)(a)(i) works onsite at each location during all business hours;
3728 (iv) shall designate one state central fill medical provider described in Subsection
3729 (4)(a)(i) as the pharmacist-in-charge, as that term is defined in Section 58-17b-102, to oversee
3730 the operation of and generally supervise the state central fill medical cannabis pharmacy; and
3731 (v) may establish more than one location in which the state central fill medical
3732 cannabis pharmacy operates if the department determines, after an analysis of the current and
3733 anticipated market for cannabis in a medicinal dosage form and cannabis products in a
3734 medicinal dosage form, including costs and logistical issues in transportation of state central
3735 fill shipments, that multiple central fill locations are necessary to provide an adequate supply of
3736 state central fill shipments to local health departments for distribution to recipient medical
3737 cannabis cardholders.
3738 (b) An individual may not serve as a state central fill medical provider unless the
3739 department registers the individual as a state central fill medical provider.
3740 (5) (a) The department shall, within 15 days after the day on which the department
3741 receives an application from the state central fill medical cannabis pharmacy on behalf of a
3742 prospective state central fill medical provider, register and issue a state central fill medical
3743 provider registration card to the prospective state central fill medical provider if the state
3744 central fill medical cannabis pharmacy provides to the department:
3745 (i) the prospective state central fill medical provider's name and address; and
3746 (ii) evidence that the prospective state central fill medical provider is:
3747 (A) a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
3748 or
3749 (B) a physician who has the authority to write a prescription and is licensed under Title
3750 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical
3751 Practice Act.
3752 (b) The department may not register a qualified medical provider or a pharmacy
3753 medical provider as a state central fill medical provider.
3754 (6) (a) A state central fill medical provider shall complete the continuing education
3755 described in this Subsection (6) in the following amounts:
3756 (i) as a condition precedent to registration, four hours; and
3757 (ii) as a condition precedent to renewal, four hours every two years.
3758 (b) In accordance with Subsection (6)(a), the state central fill medical provider shall:
3759 (i) complete continuing education:
3760 (A) regarding the topics described in Subsection (6)(d); and
3761 (B) offered by the department under Subsection (6)(c) or an accredited or approved
3762 continuing education provider that the department recognizes as offering continuing education
3763 appropriate for the medical cannabis pharmacy practice; and
3764 (ii) make a continuing education report to the department in accordance with a process
3765 that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
3766 Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
3767 Professional Licensing and:
3768 (A) for a state central fill medical provider who is licensed under Title 58, Chapter 17b,
3769 Pharmacy Practice Act, the Board of Pharmacy;
3770 (B) for a state central fill medical provider licensed under Title 58, Chapter 67, Utah
3771 Medical Practice Act, the Physicians Licensing Board; and
3772 (C) for a state central fill medical provider licensed under Title 58, Chapter 68, Utah
3773 Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
3774 (c) The department may, in consultation with the Division of Occupational and
3775 Professional Licensing, develop the continuing education described in this Subsection (6).
3776 (d) The continuing education described in this Subsection (6) may discuss:
3777 (i) the provisions of this chapter;
3778 (ii) general information about medical cannabis under federal and state law;
3779 (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
3780 including risks and benefits;
3781 (iv) recommendations for medical cannabis as it relates to the continuing care of a
3782 patient in pain management, risk management, potential addiction, and palliative care; or
3783 (v) best practices for recommending the form and dosage of medical cannabis products
3784 based on the qualifying condition underlying the medical cannabis recommendation.
3785 (7) (a) A state central fill medical provider registration card expires two years after the
3786 day on which the department issues or renews the card.
3787 (b) A state central fill medical provider may renew the provider's registration card if
3788 the provider:
3789 (i) is eligible for a state central fill medical provider registration card under this
3790 section;
3791 (ii) certifies to the department in a renewal application that the information in
3792 Subsection (5) is accurate or updates the information; and
3793 (iii) submits a report detailing the completion of the continuing education requirement
3794 described in Subsection (6).
3795 Section 80. Section 26-61a-602 is enacted to read:
3796 26-61a-602. State central fill agent -- Background check -- Registration card --
3797 Rebuttable presumption.
3798 (1) An individual may not serve as a state central fill agent unless:
3799 (a) the individual is an employee of the state central fill medical cannabis pharmacy;
3800 and
3801 (b) the department registers the individual as a state central fill agent.
3802 (2) (a) The department shall, within 15 days after the day on which the department
3803 receives a complete application from the state central fill medical cannabis pharmacy on behalf
3804 of a prospective state central fill agent, register and issue a state central fill agent registration
3805 card to the prospective agent if the state central fill medical cannabis pharmacy:
3806 (i) provides to the department:
3807 (A) the prospective agent's name and address;
3808 (B) the submission required under Subsection (2)(b); and
3809 (ii) as reported under Subsection (2)(b), has not been convicted under state or federal
3810 law of:
3811 (A) a felony; or
3812 (B) after the effective date of this bill, a misdemeanor for drug distribution.
3813 (b) Each prospective agent described in Subsection (2)(a) shall:
3814 (i) submit to the department:
3815 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
3816 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
3817 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
3818 Generation Identification System's Rap Back Service; and
3819 (ii) consent to a fingerprint background check by:
3820 (A) the Bureau of Criminal Identification; and
3821 (B) the Federal Bureau of Investigation.
3822 (c) The Bureau of Criminal Identification shall:
3823 (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
3824 the applicable state, regional, and national criminal records databases, including the Federal
3825 Bureau of Investigation Next Generation Identification System;
3826 (ii) report the results of the background check to the department;
3827 (iii) maintain a separate file of fingerprints that prospective agents submit under
3828 Subsection (2)(b) for search by future submissions to the local and regional criminal records
3829 databases, including latent prints;
3830 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
3831 Generation Identification System's Rap Back Service for search by future submissions to
3832 national criminal records databases, including the Next Generation Identification System and
3833 latent prints; and
3834 (v) establish a privacy risk mitigation strategy to ensure that the department only
3835 receives notifications for an individual with whom the department maintains an authorizing
3836 relationship.
3837 (d) The department shall:
3838 (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
3839 amount that the department sets in accordance with Section 63J-1-504 for the services that the
3840 Bureau of Criminal Identification or another authorized agency provides under this section; and
3841 (ii) remit the fee described in Subsection (2)(d) to the Bureau of Criminal
3842 Identification.
3843 (3) (a) A state central fill agent shall comply with a certification standard that the
3844 department develops, in collaboration with the Division of Occupational and Professional
3845 Licensing and the Board of Pharmacy, or a third-party certification standard that the department
3846 designates by rule, in collaboration with the Division of Occupational and Professional
3847 Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
3848 Administrative Rulemaking Act.
3849 (b) The department shall ensure that the certification standard described in Subsection
3850 (3)(a) includes continuing education in:
3851 (i) Utah medical cannabis law;
3852 (ii) the state central fill medical cannabis pharmacy shipment process; and
3853 (iii) state central fill agent best practices.
3854 (4) The department may revoke or refuse to issue the state central fill agent registration
3855 card of an individual who:
3856 (a) violates the requirements of this chapter; or
3857 (b) is convicted under state or federal law of:
3858 (i) a felony; or
3859 (ii) after the effective date of this bill, a misdemeanor for drug distribution.
3860 (5) (a) A state central fill agent registration card expires two years after the day on
3861 which the department issues or renews the card.
3862 (b) A state central fill agent may renew the agent's registration card if the agent:
3863 (i) is eligible for a state central fill registration card under this section; and
3864 (ii) certifies to the department in a renewal application that the information in
3865 Subsection (2)(a) is accurate or updates the information.
3866 (6) A state central fill agent who the department registers under this section shall carry
3867 the individual's state central fill agent registration card with the individual at all times when:
3868 (a) the individual is on the premises of the state central fill medical cannabis pharmacy;
3869 and
3870 (b) the individual is transporting cannabis in a medicinal dosage form, a cannabis
3871 product in a medicinal dosage form, or a medical cannabis device between a cannabis
3872 production establishment and the state central fill medical cannabis pharmacy.
3873 (7) If an individual handling cannabis, a cannabis product, or a medical cannabis
3874 device handles the cannabis, cannabis product, or medical cannabis device in compliance with
3875 Subsection (6):
3876 (a) there is a rebuttable presumption that the individual possesses the cannabis,
3877 cannabis product, or medical cannabis device legally; and
3878 (b) there is no probable cause, based solely on the individual's handling of the cannabis
3879 in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis
3880 device, that the individual is engaging in illegal activity.
3881 (8) (a) An individual who violates Subsection (6) is:
3882 (i) guilty of an infraction; and
3883 (ii) subject to a $100 fine.
3884 (b) An individual who is guilty of a violation described in Subsection (8)(a) is not
3885 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3886 underlying the violation described in Subsection (8)(a).
3887 Section 81. Section 26-61a-603 is enacted to read:
3888 26-61a-603. Recommendation.
3889 (1) When an individual receives a recommendation for a medical cannabis treatment
3890 from the individual's qualified medical provider, the individual may initiate a shipment from
3891 the state central fill medical cannabis pharmacy to a local health department by:
3892 (a) contacting the state central fill medical cannabis pharmacy directly; or
3893 (b) requesting that the qualified medical provider initiate the shipment through the state
3894 electronic verification system.
3895 (2) Upon receiving a request to prepare a shipment under Subsection (1), a state central
3896 fill agent shall:
3897 (a) verify the shipment information using the state electronic verification system;
3898 (b) process payment, including contacting the medical cannabis cardholder to complete
3899 payment if necessary;
3900 (c) prepare the shipment in accordance with Section 26-61a-604;
3901 (d) record the preparation of the shipment in the electronic verification system; and
3902 (e) place the shipment for transportation in accordance with Section 26-61a-605.
3903 Section 82. Section 26-61a-604 is enacted to read:
3904 26-61a-604. State central fill shipment preparation.
3905 (1) (a) The state central fill medical cannabis pharmacy may not prepare or ship to a
3906 local health department a product other than:
3907 (i) cannabis in medicinal dosage form that the state central fill medical cannabis
3908 pharmacy acquired from a cannabis processing facility that is licensed under Section
3909 4-41a-201;
3910 (ii) a cannabis product in medicinal dosage form that the state central fill medical
3911 cannabis pharmacy acquired from a cannabis processing facility that is licensed under Section
3912 4-41a-201;
3913 (iii) a medical cannabis device; or
3914 (iv) educational material related to the medical use of cannabis.
3915 (b) The state central fill medical cannabis pharmacy may only sell or ship an item listed
3916 in Subsection (1)(a) in response to a request for shipment described in Subsection
3917 26-61a-603(1).
3918 (c) Notwithstanding Subsection (1)(a), the state central fill medical cannabis pharmacy
3919 may not sell a cannabis-based drug that the United States Food and Drug Administration has
3920 approved.
3921 (2) The state central fill medical cannabis pharmacy may not prepare a shipment:
3922 (a) for a medical cannabis cardholder in any one 12-day period, more than the lesser of:
3923 (i) an amount sufficient to provide 14 days of treatment based on the dosing parameters
3924 that the relevant qualified medical provider recommends; or
3925 (ii) (A) 56 grams by weight of unprocessed cannabis that is in a medicinal dosage form
3926 and that carries a label clearly displaying the amount of tetrahydrocannabinol and cannabidiol
3927 in the cannabis; or
3928 (B) an amount of cannabis products that is in a medicinal dosage form and that
3929 contains, in total, greater than 10 grams of total composite tetrahydrocannabinol;
3930 (b) to a medical cannabis cardholder whose primary residence is located more than 100
3931 miles from the nearest medical cannabis pharmacy or local health department, in any one
3932 28-day period, more than the lesser of:
3933 (i) an amount sufficient to provide 30 days of treatment based on the dosing parameters
3934 that the relevant qualified medical provider recommends; or
3935 (ii) (A) 113 grams by weight of unprocessed cannabis that is in a medicinal dosage
3936 form and that carries a label clearly displaying the amount of tetrahydrocannabinol and
3937 cannabidiol in the cannabis; or
3938 (B) an amount of cannabis products that is in a medicinal dosage form and that
3939 contains, in total, greater than 20 grams of total composite tetrahydrocannabinol; or
3940 (c) for an individual whose qualified medical provider did not recommend dosing
3941 parameters, any cannabis or cannabis product, until the individual consults with the state
3942 central fill medical provider in accordance with Subsection (4).
3943 (3) A medical cannabis cardholder may not receive a state central fill shipment
3944 containing:
3945 (a) more cannabis or cannabis products than the amounts designated in Subsection (2)
3946 in any one 12-day period; or
3947 (b) if the relevant qualified medical provider did not recommend dosing parameters,
3948 any cannabis or cannabis product, until the cardholder consults with the state central fill
3949 medical provider in accordance with Subsection (4).
3950 (4) If a qualified medical provider recommends treatment with medical cannabis or a
3951 cannabis product but does not provide dosing parameters:
3952 (a) the qualified medical provider shall document in the recommendation:
3953 (i) an evaluation of the qualifying condition underlying the recommendation;
3954 (ii) prior treatment attempts with cannabis and cannabis products; and
3955 (iii) the patient's current medication list; and
3956 (b) before the relevant medical cannabis cardholder may receive a state central fill
3957 shipment, the state central fill medical provider shall:
3958 (i) review pertinent medical records, including the qualified medical provider
3959 documentation described in Subsection (4)(a); and
3960 (ii) after completing the review described in Subsection (4)(b)(i) and consulting with
3961 the recommending qualified medical provider as needed, determine the best course of treatment
3962 through consultation with the cardholder regarding:
3963 (A) the patient's qualifying condition underlying the recommendation from the
3964 qualified medical provider;
3965 (B) indications for available treatments;
3966 (C) dosing parameters; and
3967 (D) potential adverse reactions.
3968 (5) The state central fill medical cannabis pharmacy shall:
3969 (a) (i) access the state electronic verification system before preparing a shipment of
3970 cannabis or a cannabis product to determine if the medical cannabis cardholder or, where
3971 applicable, the associated patient has met the maximum amount of cannabis or cannabis
3972 product described in Subsection (2); and
3973 (ii) if the verification in Subsection (5)(a)(i) indicates that the individual has met the
3974 maximum amount described in Subsection (2):
3975 (A) decline the request to prepare the shipment; and
3976 (B) notify the qualified medical provider that made the recommendation;
3977 (b) submit a record to the state electronic verification system each time the state central
3978 fill medical cannabis pharmacy prepares and ships a shipment of cannabis, a cannabis product,
3979 or a medical cannabis device;
3980 (c) package any cannabis or cannabis product that is in a blister pack in a container
3981 that:
3982 (i) complies with Subsection 4-41a-602(2);
3983 (ii) is tamper-resistant and tamper-evident; and
3984 (iii) opaque; and
3985 (d) for any product that is a cube that is designed for ingestion through chewing or
3986 holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
3987 of over-consumption.
3988 (6) (a) Except as provided in Subsection (6)(b), the state central fill medical cannabis
3989 pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device
3990 that is intentionally designed or constructed to resemble a cigarette.
3991 (b) The state central fill medical cannabis pharmacy may sell a medical cannabis
3992 device that warms cannabis material into a vapor without the use of a flame and that delivers
3993 cannabis to an individual's respiratory system.
3994 (7) The state central fill medical cannabis pharmacy may not give, at no cost, a product
3995 that the medical cannabis pharmacy is allowed to sell under Subsection (1).
3996 (8) (a) The state central fill medical cannabis pharmacy shall retain in the pharmacy's
3997 records the following information regarding each recommendation underlying a transaction:
3998 (i) the qualified medical provider's name, address, and telephone number;
3999 (ii) the patient's name and address;
4000 (iii) the date of issuance;
4001 (iv) dosing parameters or an indication that the qualified medical provider did not
4002 recommend specific dosing parameters; and
4003 (v) the name and the address of the medical cannabis cardholder if the cardholder is not
4004 the patient.
4005 (b) The state central fill medical cannabis pharmacy may not sell cannabis or a
4006 cannabis product unless the cannabis or cannabis product has a label securely affixed to the
4007 container indicating the following minimum information:
4008 (i) the name and telephone number of the state central fill medical cannabis pharmacy;
4009 (ii) the unique identification number that the state central fill medical cannabis
4010 pharmacy assigns;
4011 (iii) the date of the sale;
4012 (iv) the name of the medical cannabis cardholder;
4013 (v) the name of the qualified medical provider who recommends the medical cannabis
4014 treatment;
4015 (vi) directions for use and cautionary statements, if any;
4016 (vii) the amount dispensed and the cannabinoid content;
4017 (viii) the beyond use date; and
4018 (ix) any other requirements that the department determines, in consultation with the
4019 Division of Occupational and Professional Licensing and the Board of Pharmacy.
4020 (9) A pharmacy medical provider at the state central fill medical cannabis pharmacy or
4021 a state central fill agent shall:
4022 (a) include in each state central fill shipment written counseling regarding the state
4023 central fill shipment; and
4024 (b) provide a telephone number or website by which a medical cannabis cardholder
4025 may contact a pharmacy medical provider for counseling.
4026 (10) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
4027 Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
4028 by the state central fill medical cannabis pharmacy.
4029 (11) The department may impose a uniform fee on each medical cannabis cardholder
4030 transaction for a state central fill shipment in an amount that, subject to Subsection
4031 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
4032 Section 83. Section 26-61a-605 is enacted to read:
4033 26-61a-605. State central fill shipment transportation.
4034 (1) The state central fill medical cannabis pharmacy shall ensure that the state central
4035 fill medical cannabis pharmacy is capable of delivering, in a secure manner, cannabis in
4036 medicinal dosage form, a cannabis product in medicinal dosage form, and a medical cannabis
4037 device to each local health department in the state within two business days after the day on
4038 which the state central fill medical cannabis pharmacy receives a request for a state central fill
4039 shipment resulting from a recommendation of a qualified medical provider under Section
4040 26-61a-603.
4041 (2) (a) The department may contract with a private entity for the entity to serve as a
4042 courier for the state central fill medical cannabis pharmacy, delivering state central fill
4043 shipments to local health departments for distribution to medical cannabis cardholders.
4044 (b) If the department enters into a contract described in Subsection (2)(a), the
4045 department shall:
4046 (i) issue the contract described in Subsection (2)(a) in accordance with Title 63G,
4047 Chapter 6a, Utah Procurement Code;
4048 (ii) impose security and personnel requirements on the contracted private entity
4049 sufficient to ensure the security and safety of state central fill shipments; and
4050 (iii) provide regular oversight of the contracted private entity.
4051 (3) Except for an individual with a valid medical cannabis card who transports a
4052 shipment the individual receives, an individual may not transport a state central fill shipment
4053 unless the individual is:
4054 (a) a registered state central fill agent; or
4055 (b) an agent of the private courier described in Subsection (2).
4056 (4) An individual transporting a state central fill shipment shall possess a transportation
4057 manifest that:
4058 (a) includes a unique identifier that links the state central fill shipment to a relevant
4059 inventory control system;
4060 (b) includes origin and destination information for a state central fill shipment the
4061 individual is transporting; and
4062 (c) indicates the departure and arrival times and locations of the individual transporting
4063 the state central fill shipment.
4064 (5) In addition to the requirements in Subsections (3) and (4), the department may
4065 establish by rule, in collaboration with the Division of Occupational and Professional Licensing
4066 and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
4067 Rulemaking Act, requirements for transporting state central fill shipments that are related to
4068 safety for human consumption of cannabis or a cannabis product.
4069 (6) (a) It is unlawful for an individual to transport a state central fill shipment with a
4070 manifest that does not meet the requirements of Subsection (4).
4071 (b) Except as provided in Subsection (6)(d), an individual who violates Subsection
4072 (6)(a):
4073 (i) is guilty of an infraction; and
4074 (ii) subject to a $100 fine.
4075 (c) An individual who is guilty of a violation described in Subsection (6)(b) is not
4076 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
4077 underlying the violation described in Subsection (6)(b).
4078 (d) If the individual described in Subsection (6)(a) is transporting more cannabis,
4079 cannabis product, or medical cannabis devices than the manifest identifies, except for a de
4080 minimis administrative error:
4081 (i) this chapter does not apply; and
4082 (ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
4083 Substances Act.
4084 Section 84. Section 26-61a-606 is enacted to read:
4085 26-61a-606. Local health department distribution agent -- Background check --
4086 Registration card -- Rebuttable presumption.
4087 (1) An individual may not serve as a local health department distribution agent unless:
4088 (a) the individual is an employee of a local health department; and
4089 (b) the department registers the individual as a local health department distribution
4090 agent.
4091 (2) (a) The department shall, within 15 days after the day on which the department
4092 receives a complete application from a local health department on behalf of a prospective local
4093 health department distribution agent, register and issue a local health department distribution
4094 agent registration card to the prospective agent if the local health department:
4095 (i) provides to the department:
4096 (A) the prospective agent's name and address;
4097 (B) the name and location of the local health department where the prospective agent
4098 seeks to act as a local health department distribution agent;
4099 (C) the submission required under Subsection (2)(b); and
4100 (ii) as reported under Subsection (2)(c), has not been convicted under state or federal
4101 law of:
4102 (A) a felony; or
4103 (B) after the effective date of this bill, a misdemeanor for drug distribution.
4104 (b) Each prospective agent described in Subsection (2)(a) shall:
4105 (i) submit to the department:
4106 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
4107 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
4108 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
4109 Generation Identification System's Rap Back Service; and
4110 (ii) consent to a fingerprint background check by:
4111 (A) the Bureau of Criminal Identification; and
4112 (B) the Federal Bureau of Investigation.
4113 (c) The Bureau of Criminal Identification shall:
4114 (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
4115 the applicable state, regional, and national criminal records databases, including the Federal
4116 Bureau of Investigation Next Generation Identification System;
4117 (ii) report the results of the background check to the department;
4118 (iii) maintain a separate file of fingerprints that prospective agents submit under
4119 Subsection (2)(b) for search by future submissions to the local and regional criminal records
4120 databases, including latent prints;
4121 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
4122 Generation Identification System's Rap Back Service for search by future submissions to
4123 national criminal records databases, including the Next Generation Identification System and
4124 latent prints; and
4125 (v) establish a privacy risk mitigation strategy to ensure that the department only
4126 receives notifications for an individual with whom the department maintains an authorizing
4127 relationship.
4128 (d) The department shall:
4129 (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
4130 amount that the department sets in accordance with Section 63J-1-504 for the services that the
4131 Bureau of Criminal Identification or another authorized agency provides under this section; and
4132 (ii) remit the fee described in Subsection (2)(d) to the Bureau of Criminal
4133 Identification.
4134 (3) The department shall designate on an individual's local health department
4135 distribution agent registration card the name of the local health department where the
4136 individual is registered as an agent.
4137 (4) (a) A local health department distribution agent shall comply with a certification
4138 standard that the department develops, in collaboration with the Division of Occupational and
4139 Professional Licensing and the Board of Pharmacy, or a third-party certification standard that
4140 the department designates by rule in collaboration with the Division of Occupational and
4141 Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter
4142 3, Utah Administrative Rulemaking Act.
4143 (b) The department shall ensure that the certification standard described in Subsection
4144 (4)(a) includes training in:
4145 (i) Utah medical cannabis law;
4146 (ii) the state central fill medical cannabis pharmacy shipment process; and
4147 (iii) local health department distribution agent best practices.
4148 (5) The department may revoke or refuse to issue or renew the local health department
4149 distribution agent registration card of an individual who:
4150 (a) violates the requirements of this chapter; or
4151 (b) is convicted under state or federal law of:
4152 (i) a felony; or
4153 (ii) after the effective date of this bill, a misdemeanor for drug distribution.
4154 (6) A local health department distribution agent who the department has registered
4155 under this section shall carry the agent's local health department distribution agent registration
4156 card with the agent at all times when:
4157 (a) the agent is on the premises of the local health department; and
4158 (b) the agent is handling a shipment of cannabis or cannabis product from the state
4159 central fill medical cannabis pharmacy.
4160 (7) If a local health department distribution agent handling a shipment of cannabis or
4161 cannabis product from the state central fill medical cannabis pharmacy possesses the shipment
4162 in compliance with Subsection (6):
4163 (a) there is a rebuttable presumption that the agent possesses the shipment legally; and
4164 (b) there is no probable cause, based solely on the agent's possession of the shipment
4165 containing medical cannabis in medicinal dosage form, a cannabis product in medicinal dosage
4166 form, or a medical cannabis device, that the agent is engaging in illegal activity.
4167 (8) (a) A local health department distribution agent who violates Subsection (6) is:
4168 (i) guilty of an infraction; and
4169 (ii) subject to a $100 fine.
4170 (b) An individual who is guilty of a violation described in Subsection (8)(a) is not
4171 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
4172 underlying the violation described in Subsection (8)(a).
4173 Section 85. Section 26-61a-607 is enacted to read:
4174 26-61a-607. Local health department distribution.
4175 (1) Each local health department shall designate:
4176 (a) one or more of the local health department's locations as a state central fill shipment
4177 distribution location; and
4178 (b) a sufficient number of personnel to ensure that at least one individual is available at
4179 all times during business hours:
4180 (i) whom the department has registered as a local health department distribution agent;
4181 and
4182 (ii) to distribute state central fill shipments to medical cannabis cardholders in
4183 accordance with this section.
4184 (2) An individual may not retrieve a shipment from the state central fill medical
4185 cannabis pharmacy at a local health department unless the individual presents:
4186 (a) a form of identification that is a valid United States federal- or state-issued photo
4187 identification, including a driver license, a United States passport, a United States passport
4188 card, or a United States military identification card; and
4189 (b) a valid medical cannabis card under the same name that appears on the
4190 identification described in Subsection (2)(a).
4191 (3) Before a local health department distribution agent distributes a state central fill
4192 shipment to a medical cannabis cardholder, the local health department distribution agent shall:
4193 (a) verify the shipment information using the state electronic verification system;
4194 (b) ensure that the individual satisfies the identification requirements in Subsection (2);
4195 (c) verify that payment is complete; and
4196 (d) record the completion of the shipment transaction in the electronic verification
4197 system.
4198 (4) The local health department shall:
4199 (a) (i) store each state central fill shipment that the local health department receives,
4200 until the recipient medical cannabis cardholder retrieves the shipment or the local health
4201 department returns the shipment to the state central fill medical cannabis pharmacy in
4202 accordance with Subsection (5), in a single, secure, locked area that is equipped with a security
4203 system that detects and records entry into the area; and
4204 (ii) ensure that only a local health department distribution agent is able to access the
4205 area;
4206 (b) return any unclaimed state central fill shipment to the state central fill medical
4207 cannabis pharmacy, in accordance with Subsection (5)(a), after the local health department has
4208 possessed the state central fill shipment for 10 business days; and
4209 (c) return any state central fill shipment to the state central fill medical cannabis
4210 pharmacy, in accordance with Subsection (5)(b), if a medical cannabis cardholder returns the
4211 shipment to the local health department after retrieving the shipment.
4212 (5) (a) If a local health department returns an unclaimed state central fill shipment
4213 under Subsection (4)(b), the state central fill medical cannabis pharmacy may repackage or
4214 otherwise reuse the shipment for another state central fill shipment.
4215 (b) If a local health department returns a returned state central fill shipment under
4216 Subsection (4)(c), the state central fill medical cannabis pharmacy shall dispose of the returned
4217 shipment by:
4218 (i) rendering the state central fill shipment unusable and unrecognizable before
4219 transporting the shipment from the state central fill medical cannabis pharmacy; and
4220 (ii) disposing of the state central fill shipment in accordance with:
4221 (A) federal and state laws, rules, and regulations related to hazardous waste;
4222 (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
4223 (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
4224 (D) other regulations that the department makes in accordance with Title 63G, Chapter
4225 3, Utah Administrative Rulemaking Act.
4226 Section 86. Section 26-61a-608 is enacted to read:
4227 26-61a-608. Department to set state central fill prices.
4228 (1) The department shall set a price schedule for cannabis in a medicinal dosage form
4229 that the state central fill medical cannabis pharmacy sells to medical cannabis cardholders
4230 through distribution to local health departments.
4231 (2) The department shall ensure that the price schedule described in Subsection (1):
4232 (a) through an annual review, takes into consideration:
4233 (i) the demand for medical cannabis and cannabis products dispensed through the state
4234 central fill medical cannabis pharmacy and the local health departments;
4235 (ii) the labor required to cultivate and process cannabis into a medicinal dosage form;
4236 (iii) the regulatory burden involved in the creation of the product; and
4237 (iv) any other consideration the department considers necessary; and
4238 (b) after at least three medical cannabis pharmacies that the department licenses under
4239 Section 26-61a-301 are operational, contains pricing for a specific product that is within 10%
4240 of the average price for the product among the operational medical cannabis pharmacies.
4241 (3) The department shall ensure that the price schedule that the department sets under
4242 Subsection (1) includes a set fee that the department deposits into the Qualified Distribution
4243 Enterprise Fund to cover the cost of:
4244 (a) the state central fill medical cannabis pharmacy; and
4245 (b) the courier described in Section 26-61a-605, if any.
4246 Section 87. Section 26-61a-609 is enacted to read:
4247 26-61a-609. Partial filling.
4248 (1) As used in this section, "partially fill" means to provide less than the full amount of
4249 cannabis or cannabis product that the qualified medical provider recommends, if the qualified
4250 medical provider recommended specific dosing parameters.
4251 (2) The state central fill medical cannabis pharmacy may partially fill a
4252 recommendation for a medical cannabis treatment at the request of the qualified medical
4253 provider who issued the medical cannabis treatment recommendation or the medical cannabis
4254 cardholder.
4255 (3) The department shall make rules in collaboration with the Division of Occupational
4256 and Professional Licensing and the Board of Pharmacy and in accordance with Title 63G,
4257 Chapter 3, Utah Administrative Rulemaking Act, specifying how to record the date, quantity
4258 supplied, and quantity remaining of a partially filled medical cannabis treatment
4259 recommendation.
4260 (4) A state central fill medical provider who is a pharmacist may, upon the request of a
4261 medical cannabis cardholder, determine different dosing parameters, subject to the dosing
4262 limits in Subsection 26-61a-604(2), to fill the quantity remaining of a partially filled medical
4263 cannabis treatment recommendation if:
4264 (a) the state central fill medical provider determined dosing parameters for the partial
4265 fill under Subsection 26-61a-604(4); and
4266 (b) the medical cannabis cardholder reports that:
4267 (i) the partial fill did not substantially affect the qualifying condition underlying the
4268 medical cannabis recommendation; or
4269 (ii) the patient experienced an adverse reaction to the partial fill or was otherwise
4270 unable to successfully use the partial fill.
4271 Section 88. Section 26-61a-610 is enacted to read:
4272 26-61a-610. Records -- Inspections.
4273 (1) The state central fill medical cannabis pharmacy shall maintain the pharmacy's
4274 medical cannabis treatment recommendation files and other records in accordance with this
4275 chapter, department rules, and the federal Health Insurance Portability and Accountability Act
4276 of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended.
4277 (2) The department may inspect the records and facility of the state central fill medical
4278 cannabis pharmacy or a local health department at any time during business hours in order to
4279 determine compliance with this chapter.
4280 (3) An inspection under this section may include:
4281 (a) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
4282 physical or electronic information;
4283 (b) questioning of any relevant individual; or
4284 (c) inspection of equipment, an instrument, a tool, or machinery, including a container
4285 or label.
4286 (4) In making an inspection under this section, the department may freely access any
4287 area and review and make copies of a book, record, paper, document, data, or other physical or
4288 electronic information, including financial data, sales data, shipping data, pricing data, and
4289 employee data.
4290 (5) Failure to provide the department or the department's authorized agents immediate
4291 access during business hours in accordance with this section may result in:
4292 (a) the imposition of a civil monetary penalty that the department sets in accordance
4293 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
4294 (b) license or registration suspension or revocation; or
4295 (c) an immediate cessation of operations under a cease and desist order that the
4296 department issues.
4297 Section 89. Section 26-61a-611 is enacted to read:
4298 26-61a-611. Advertising.
4299 (1) Except as provided in Subsection (2), the state central fill medical cannabis
4300 pharmacy may not advertise in any medium.
4301 (2) The state central fill medical cannabis pharmacy may maintain a website that
4302 includes information about:
4303 (a) the contact information for the state central fill medical cannabis pharmacy;
4304 (b) a product or service available through shipment from the state central fill medical
4305 cannabis pharmacy;
4306 (c) a description of the state central fill medical cannabis pharmacy shipment process;
4307 (d) information about retrieving a state central fill shipment at a local health
4308 department; or
4309 (e) educational material related to the medical use of cannabis.
4310 Section 90. Section 26-61a-701 is enacted to read:
4311
4312 26-61a-701. Enforcement -- Misdemeanor.
4313 (1) Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments,
4314 and Sections 26-61a-502, 26-61a-605, and 26-61a-607, it is unlawful for a medical cannabis
4315 cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a
4316 medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis
4317 device, or any cannabis residue remaining in or from a medical cannabis device.
4318 (2) (a) Except as provided in Subsection (2)(b), a medical cannabis cardholder who
4319 violates Subsection (1) is:
4320 (i) guilty of a class B misdemeanor; and
4321 (ii) subject to a $1,000 fine.
4322 (b) An individual is not guilty under Subsection (2)(a) if the individual:
4323 (i) (A) is a designated caregiver; and
4324 (B) gives the product described in Subsection (1) to the medical cannabis cardholder
4325 who designated the individual as a designated caregiver; or
4326 (ii) (A) is a medical cannabis guardian cardholder; and
4327 (B) gives the product described in Subsection (1) to the relevant provisional patient
4328 cardholder.
4329 (c) An individual who is guilty of a violation described in Subsection (2)(a) is not
4330 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
4331 underlying the violation described in Subsection (2)(a).
4332 Section 91. Section 26-61a-702, which is renumbered from Section 26-60b-601 is
4333 renumbered and amended to read:
4334 [
4335 (1) (a) The department may, for a medical cannabis pharmacy's violation of this chapter
4336 [
4337 [
4338
4339 [
4340
4341 [
4342 (b) The department may, for a medical cannabis pharmacy agent's or state central fill
4343 agent's violation of this chapter:
4344 (i) revoke the medical cannabis pharmacy agent or state central fill agent registration
4345 card;
4346 (ii) refuse to renew the medical cannabis pharmacy agent or state central fill agent
4347 registration card; or
4348 (iii) assess the medical cannabis pharmacy agent or state central fill agent an
4349 administrative penalty.
4350 (2) The department shall deposit an administrative penalty imposed under this section
4351 [
4352 (3) [
4353 stipulated settlement, or a finding of a violation in an adjudicative proceeding under this
4354 section, the department may:
4355 (a) for a fine amount not already specified in law, assess the person a fine[
4356
4357 schedule [
4358 63G, Chapter 3, Utah Administrative Rulemaking Act; or
4359 (b) order the person to cease and desist from the action that creates a violation.
4360 (4) The department may not revoke a medical cannabis [
4361 license without first directing the medical cannabis [
4362 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4363 (5) If, within 20 calendar days after the day on which the department issues a citation
4364 for a violation of this chapter, the person that is the subject of the citation fails to request a
4365 hearing to contest the citation, the citation becomes the department's final order.
4366 (6) The department may, for a person who fails to comply with a citation under this
4367 section:
4368 (a) refuse to issue or renew the person's license [
4369 registration card; or
4370 (b) suspend, revoke, or place on probation the person's license or [
4371 agent registration card.
4372 (7) (a) [
4373 where a criminal penalty is expressly provided for a specific violation of this chapter, if an
4374 individual [
4375 (i) guilty of an infraction[
4376 (ii) subject to a $100 fine.
4377 (b) An individual who is guilty of a violation described in Subsection (7)(a) is not
4378 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
4379 underlying the violation described in Subsection (7)(a).
4380 Section 92. Section 26-61a-703, which is renumbered from Section 26-60b-602 is
4381 renumbered and amended to read:
4382 [
4383 (1) [
4384 [
4385 (a) the number of applications and renewal applications filed for medical cannabis
4386 cards[
4387 (b) the number of qualifying patients and designated caregivers[
4388 (c) the nature of the debilitating medical conditions of the qualifying patients[
4389 (d) the age and county of residence of cardholders[
4390 (e) the number of medical cannabis cards revoked[
4391 (f) the number of practitioners providing recommendations for qualifying patients[
4392 (g) the number of license applications and renewal license applications received[
4393 (h) the number of licenses the department has issued in each county[
4394 (i) the number of licenses the department has revoked[
4395 (j) the quantity and timeliness of state central fill shipments, including the amount of
4396 time between recommendation to the state central fill medical cannabis pharmacy and arrival of
4397 a state central fill shipment at a local health department;
4398 (k) the market share of state central fill shipments;
4399 (l) the expenses incurred and revenues generated from the medical cannabis
4400 program[
4401 (m) the expenses incurred and revenues generated from the state central fill medical
4402 cannabis pharmacy, including a profit and loss statement; and
4403 (n) an analysis of product availability, including the price differential between
4404 comparable products, in medical cannabis pharmacies and the state central fill medical
4405 cannabis pharmacy.
4406 (2) The department may not include personally identifying information in the report
4407 described in this section.
4408 Section 93. Section 26-65-102 (Effective 07/01/19) is amended to read:
4409 26-65-102 (Effective 07/01/19). Definitions.
4410 (1) "Agent" means an employee or independent contractor of an entity.
4411 [
4412
4413 [
4414
4415 (a) is processed into a medicinal dosage form; and
4416 (b) contains less than 0.3% tetrahydrocannabinol by dry weight.
4417 (3) "Cannabis" means marijuana, as that term is defined in Section 58-37-2.
4418 [
4419
4420 [
4421
4422 [
4423 product under Section 26-65-103.
4424 [
4425 (a) medicine, under Title 58, Chapter 67, Utah Medical Practice Act; or
4426 (b) osteopathic medicine, under Title 58, Chapter 68, Utah Osteopathic Medical
4427 Practice Act.
4428 Section 94. Section 26-65-103 (Effective 07/01/19) is amended to read:
4429 26-65-103 (Effective 07/01/19). Medicinal dosage form.
4430 (1) For the purpose of this chapter, any of the following is a qualifying medicinal
4431 dosage form for a cannabidiol product:
4432 (a) a tablet;
4433 (b) a capsule;
4434 (c) a concentrated oil;
4435 (d) a liquid suspension;
4436 (e) a transdermal preparation; and
4437 (f) a sublingual preparation.
4438 (2) A patient may not purchase, use, or possess a cannabidiol product unless the
4439 cannabidiol product is prepared in a medicinal dosage form.
4440 (3) A [
4441 cannabidiol product unless the cannabidiol product is prepared in a medicinal dosage form.
4442 (4) The department may recommend that the Legislature approve the use of an
4443 additional medicinal dosage form.
4444 Section 95. Section 30-3-10 is amended to read:
4445 30-3-10. Custody of children in case of separation or divorce -- Custody
4446 consideration.
4447 (1) If a [
4448 separated, or their marriage is declared void or dissolved, the court shall make an order for the
4449 future care and custody of the minor children as it considers appropriate.
4450 (a) In determining any form of custody, including a change in custody, the court shall
4451 consider the best interests of the child without preference for either [
4452 parent solely because of the biological sex of the parent and, among other factors the court
4453 finds relevant, the following:
4454 (i) in accordance with Subsection (7), the past conduct and demonstrated moral
4455 standards of each of the parties;
4456 (ii) which parent is most likely to act in the best interest of the child, including
4457 allowing the child frequent and continuing contact with the noncustodial parent;
4458 (iii) the extent of bonding between the parent and child, meaning the depth, quality,
4459 and nature of the relationship between a parent and child;
4460 (iv) whether the parent has intentionally exposed the child to pornography or material
4461 harmful to a minor, as defined in Section 76-10-1201; and
4462 (v) those factors outlined in Section 30-3-10.2.
4463 (b) There [
4464 Section 30-3-10.1, is in the best interest of the child, except in cases where there is:
4465 (i) domestic violence in the home or in the presence of the child;
4466 (ii) special physical or mental needs of a parent or child, making joint legal custody
4467 unreasonable;
4468 (iii) physical distance between the residences of the parents, making joint decision
4469 making impractical in certain circumstances; or
4470 (iv) any other factor the court considers relevant including those listed in this section
4471 and Section 30-3-10.2.
4472 (c) (i) The person who desires joint legal custody shall file a proposed parenting plan in
4473 accordance with Sections 30-3-10.8 and 30-3-10.9.
4474 (ii) A presumption for joint legal custody may be rebutted by a showing by a
4475 preponderance of the evidence that it is not in the best interest of the child.
4476 (d) [
4477 of fact determines that extenuating circumstances exist that would necessitate the testimony of
4478 the [
4479 child's testimony.
4480 (e) (i) The court may inquire of [
4481 [
4482 expressed desires are not controlling and the court may determine the children's custody or
4483 parent-time otherwise.
4484 (ii) The desires of a child 14 years of age or older shall be given added weight, but is
4485 not the single controlling factor.
4486 (f) (i) If [
4487 court pursuant to Subsection (1)(e), [
4488 camera.
4489 (ii) The prior consent of the parties may be obtained but is not necessary if the court
4490 finds that an interview with [
4491 desires regarding custody.
4492 (2) In awarding custody, the court shall consider, among other factors the court finds
4493 relevant, which parent is most likely to act in the best interests of the child, including allowing
4494 the child frequent and continuing contact with the noncustodial parent as the court finds
4495 appropriate.
4496 (3) If the court finds that one parent does not desire custody of the child, the court shall
4497 take that evidence into consideration in determining whether to award custody to the other
4498 parent.
4499 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
4500 parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining
4501 whether a substantial change has occurred for the purpose of modifying an award of custody.
4502 (b) [
4503 parent as a factor in awarding custody or [
4504 based on a determination of a substantial change [
4505
4506
4507 specific findings that:
4508 (i) the disability [
4509 ability to provide for the physical and emotional needs of the child at issue; and
4510 (ii) the parent with a disability [
4511 resources available to supplement the parent's ability to provide for the physical and emotional
4512 needs of the child at issue.
4513 (c) Nothing in this section may be construed to apply to adoption proceedings under
4514 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
4515 (5) This section establishes neither a preference nor a presumption for or against joint
4516 physical custody or sole physical custody, but allows the court and the family the widest
4517 discretion to choose a parenting plan that is in the best interest of the child.
4518 (6) When an issue before the court involves custodial responsibility in the event of a
4519 deployment of one or both parents who are servicemembers, and the servicemember has not yet
4520 been notified of deployment, the court shall resolve the issue based on the standards in Sections
4521 78B-20-306 through 78B-20-309.
4522 [
4523
4524 relevant, the court may not discriminate against a parent because of or otherwise consider the
4525 parent's:
4526 (a) lawful possession or [
4527 cannabis product in a medicinal dosage form, or a medical cannabis device, in accordance with
4528 Title 26, Chapter [
4529 ability to care for a child; or [
4530 (b) [
4531 (i) cannabis production establishment agent, as that term is defined in Section
4532 4-41a-102;
4533 (ii) medical cannabis pharmacy agent, as that term is defined in Section 26-61a-102;
4534 (iii) state central fill agent, as that term is defined in Section 26-61a-102; or
4535 (iv) medical cannabis cardholder in accordance with [
4536
4537
4538 Section 96. Section 34A-2-418 is amended to read:
4539 34A-2-418. Awards -- Medical, nursing, hospital, and burial expenses -- Artificial
4540 means and appliances.
4541 (1) In addition to the compensation provided in this chapter or Chapter 3, Utah
4542 Occupational Disease Act, and subject to Subsection 34A-2-407(11), the employer or the
4543 insurance carrier shall pay reasonable sums for medical, nurse, and hospital services, for
4544 medicines, and for artificial means, appliances, and prostheses necessary to treat the injured
4545 employee.
4546 (2) The employer and the insurance carrier are not required to pay or reimburse for
4547 cannabis, a cannabis product, or a medical cannabis device, as those terms are defined in
4548 Section 26-61a-102.
4549 [
4550 the burial expenses in ordinary cases as established by rule.
4551 [
4552 artificial means or appliance including eyeglasses, the employer or insurance carrier shall
4553 provide a replacement of the artificial means or appliance.
4554 [
4555 maintain the artificial means or appliances or provide the employee with a replacement of any
4556 artificial means or appliance for the reason of breakage, wear and tear, deterioration, or
4557 obsolescence.
4558 [
4559 administrative law judge considers just and proper, the payment of additional sums:
4560 (a) for burial expenses; or
4561 (b) to provide for artificial means or appliances.
4562 Section 97. Section 41-6a-517 (Superseded 07/01/19) is amended to read:
4563 41-6a-517 (Superseded 07/01/19). Definitions -- Driving with any measurable
4564 controlled substance in the body -- Penalties -- Arrest without warrant.
4565 (1) As used in this section:
4566 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
4567 (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
4568 (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
4569 (d) "Prescription" means the same as that term is defined in Section 58-37-2.
4570 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
4571 operate or be in actual physical control of a motor vehicle within this state if the person has any
4572 measurable controlled substance or metabolite of a controlled substance in the person's body.
4573 (3) It is an affirmative defense to prosecution under this section that the controlled
4574 substance was:
4575 (a) involuntarily ingested by the accused;
4576 (b) prescribed by a practitioner for use by the accused; [
4577 (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
4578 form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
4579 Cannabis Act; or
4580 [
4581 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
4582 misdemeanor.
4583 (b) A person who violates this section is subject to conviction and sentencing under
4584 both this section and any applicable offense under Section 58-37-8.
4585 (5) A peace officer may, without a warrant, arrest a person for a violation of this
4586 section when the officer has probable cause to believe the violation has occurred, although not
4587 in the officer's presence, and if the officer has probable cause to believe that the violation was
4588 committed by the person.
4589 (6) The Driver License Division shall, if the person is 21 years of age or older on the
4590 date of arrest:
4591 (a) suspend, for a period of 120 days, the driver license of a person convicted under
4592 Subsection (2) of an offense committed on or after July 1, 2009; or
4593 (b) revoke, for a period of two years, the driver license of a person if:
4594 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4595 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4596 and within a period of 10 years after the date of the prior violation.
4597 (7) The Driver License Division shall, if the person is 19 years of age or older but
4598 under 21 years of age on the date of arrest:
4599 (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
4600 longer, the driver license of a person convicted under Subsection (2) of an offense committed
4601 on or after July 1, 2011; or
4602 (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
4603 longer, the driver license of a person if:
4604 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4605 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4606 and within a period of 10 years after the date of the prior violation.
4607 (8) The Driver License Division shall, if the person is under 19 years of age on the date
4608 of arrest:
4609 (a) suspend, until the person is 21 years of age, the driver license of a person convicted
4610 under Subsection (2) of an offense committed on or after July 1, 2009; or
4611 (b) revoke, until the person is 21 years of age, the driver license of a person if:
4612 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4613 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4614 and within a period of 10 years after the date of the prior violation.
4615 (9) The Driver License Division shall subtract from any suspension or revocation
4616 period the number of days for which a license was previously suspended under Section
4617 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
4618 which the record of conviction is based.
4619 (10) The Driver License Division shall:
4620 (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
4621 effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
4622 committed prior to July 1, 2009; or
4623 (b) deny, suspend, or revoke the operator's license of a person for the denial,
4624 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
4625 (i) the person was 20 years of age or older but under 21 years of age at the time of
4626 arrest; and
4627 (ii) the conviction under Subsection (2) is for an offense that was committed on or after
4628 July 1, 2009, and prior to July 1, 2011.
4629 (11) A court that reported a conviction of a violation of this section for a violation that
4630 occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
4631 period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
4632 if the person:
4633 (a) completes at least six months of the license suspension;
4634 (b) completes a screening;
4635 (c) completes an assessment, if it is found appropriate by a screening under Subsection
4636 (11)(b);
4637 (d) completes substance abuse treatment if it is found appropriate by the assessment
4638 under Subsection (11)(c);
4639 (e) completes an educational series if substance abuse treatment is not required by the
4640 assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
4641 (f) has not been convicted of a violation of any motor vehicle law in which the person
4642 was involved as the operator of the vehicle during the suspension period imposed under
4643 Subsection (7)(a) or (8)(a);
4644 (g) has complied with all the terms of the person's probation or all orders of the court if
4645 not ordered to probation; and
4646 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
4647 person has not consumed a controlled substance not prescribed by a practitioner for use by the
4648 person or unlawfully consumed alcohol during the suspension period imposed under
4649 Subsection (7)(a) or (8)(a); or
4650 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
4651 affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
4652 knowledge the person has not consumed a controlled substance not prescribed by a practitioner
4653 for use by the person or unlawfully consumed alcohol during the suspension period imposed
4654 under Subsection (7)(a) or (8)(a).
4655 (12) If the court shortens a person's license suspension period in accordance with the
4656 requirements of Subsection (11), the court shall forward the order shortening the person's
4657 license suspension period prior to the completion of the suspension period imposed under
4658 Subsection (7)(a) or (8)(a) to the Driver License Division.
4659 (13) (a) The court shall notify the Driver License Division if a person fails to:
4660 (i) complete all court ordered screening and assessment, educational series, and
4661 substance abuse treatment; or
4662 (ii) pay all fines and fees, including fees for restitution and treatment costs.
4663 (b) Upon receiving the notification, the division shall suspend the person's driving
4664 privilege in accordance with Subsections 53-3-221(2) and (3).
4665 (14) The court:
4666 (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
4667 convicted under Subsection (2); and
4668 (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
4669 program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
4670 (15) (a) A court that reported a conviction of a violation of this section to the Driver
4671 License Division may shorten the suspension period imposed under Subsection (6) before
4672 completion of the suspension period if the person is participating in or has successfully
4673 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
4674 (b) If the court shortens a person's license suspension period in accordance with the
4675 requirements of this Subsection (15), the court shall forward to the Driver License Division the
4676 order shortening the person's suspension period.
4677 (c) The court shall notify the Driver License Division if a person fails to complete all
4678 requirements of a 24-7 sobriety program.
4679 (d) Upon receiving the notification described in Subsection (15)(c), the division shall
4680 suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
4681 Section 98. Section 41-6a-517 (Effective 07/01/19) is amended to read:
4682 41-6a-517 (Effective 07/01/19). Definitions -- Driving with any measurable
4683 controlled substance in the body -- Penalties -- Arrest without warrant.
4684 (1) As used in this section:
4685 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
4686 (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
4687 (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
4688 (d) "Prescription" means the same as that term is defined in Section 58-37-2.
4689 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
4690 operate or be in actual physical control of a motor vehicle within this state if the person has any
4691 measurable controlled substance or metabolite of a controlled substance in the person's body.
4692 (3) It is an affirmative defense to prosecution under this section that the controlled
4693 substance was:
4694 (a) involuntarily ingested by the accused;
4695 (b) prescribed by a practitioner for use by the accused [
4696
4697 (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
4698 form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
4699 Cannabis Act; or
4700 [
4701 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
4702 misdemeanor.
4703 (b) A person who violates this section is subject to conviction and sentencing under
4704 both this section and any applicable offense under Section 58-37-8.
4705 (5) A peace officer may, without a warrant, arrest a person for a violation of this
4706 section when the officer has probable cause to believe the violation has occurred, although not
4707 in the officer's presence, and if the officer has probable cause to believe that the violation was
4708 committed by the person.
4709 (6) The Driver License Division shall, if the person is 21 years of age or older on the
4710 date of arrest:
4711 (a) suspend, for a period of 120 days, the driver license of a person convicted under
4712 Subsection (2) of an offense committed on or after July 1, 2009; or
4713 (b) revoke, for a period of two years, the driver license of a person if:
4714 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4715 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4716 and within a period of 10 years after the date of the prior violation.
4717 (7) The Driver License Division shall, if the person is 19 years of age or older but
4718 under 21 years of age on the date of arrest:
4719 (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
4720 longer, the driver license of a person convicted under Subsection (2) of an offense committed
4721 on or after July 1, 2011; or
4722 (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
4723 longer, the driver license of a person if:
4724 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4725 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4726 and within a period of 10 years after the date of the prior violation.
4727 (8) The Driver License Division shall, if the person is under 19 years of age on the date
4728 of arrest:
4729 (a) suspend, until the person is 21 years of age, the driver license of a person convicted
4730 under Subsection (2) of an offense committed on or after July 1, 2009; or
4731 (b) revoke, until the person is 21 years of age, the driver license of a person if:
4732 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4733 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4734 and within a period of 10 years after the date of the prior violation.
4735 (9) The Driver License Division shall subtract from any suspension or revocation
4736 period the number of days for which a license was previously suspended under Section
4737 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
4738 which the record of conviction is based.
4739 (10) The Driver License Division shall:
4740 (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
4741 effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
4742 committed prior to July 1, 2009; or
4743 (b) deny, suspend, or revoke the operator's license of a person for the denial,
4744 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
4745 (i) the person was 20 years of age or older but under 21 years of age at the time of
4746 arrest; and
4747 (ii) the conviction under Subsection (2) is for an offense that was committed on or after
4748 July 1, 2009, and prior to July 1, 2011.
4749 (11) A court that reported a conviction of a violation of this section for a violation that
4750 occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
4751 period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
4752 if the person:
4753 (a) completes at least six months of the license suspension;
4754 (b) completes a screening;
4755 (c) completes an assessment, if it is found appropriate by a screening under Subsection
4756 (11)(b);
4757 (d) completes substance abuse treatment if it is found appropriate by the assessment
4758 under Subsection (11)(c);
4759 (e) completes an educational series if substance abuse treatment is not required by the
4760 assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
4761 (f) has not been convicted of a violation of any motor vehicle law in which the person
4762 was involved as the operator of the vehicle during the suspension period imposed under
4763 Subsection (7)(a) or (8)(a);
4764 (g) has complied with all the terms of the person's probation or all orders of the court if
4765 not ordered to probation; and
4766 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
4767 person has not consumed a controlled substance not prescribed by a practitioner for use by the
4768 person or unlawfully consumed alcohol during the suspension period imposed under
4769 Subsection (7)(a) or (8)(a); or
4770 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
4771 affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
4772 knowledge the person has not consumed a controlled substance not prescribed by a practitioner
4773 for use by the person or unlawfully consumed alcohol during the suspension period imposed
4774 under Subsection (7)(a) or (8)(a).
4775 (12) If the court shortens a person's license suspension period in accordance with the
4776 requirements of Subsection (11), the court shall forward the order shortening the person's
4777 license suspension period prior to the completion of the suspension period imposed under
4778 Subsection (7)(a) or (8)(a) to the Driver License Division.
4779 (13) (a) The court shall notify the Driver License Division if a person fails to:
4780 (i) complete all court ordered screening and assessment, educational series, and
4781 substance abuse treatment; or
4782 (ii) pay all fines and fees, including fees for restitution and treatment costs.
4783 (b) Upon receiving the notification, the division shall suspend the person's driving
4784 privilege in accordance with Subsections 53-3-221(2) and (3).
4785 (14) The court:
4786 (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
4787 convicted under Subsection (2); and
4788 (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
4789 program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
4790 (15) (a) A court that reported a conviction of a violation of this section to the Driver
4791 License Division may shorten the suspension period imposed under Subsection (6) before
4792 completion of the suspension period if the person is participating in or has successfully
4793 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
4794 (b) If the court shortens a person's license suspension period in accordance with the
4795 requirements of this Subsection (15), the court shall forward to the Driver License Division the
4796 order shortening the person's suspension period.
4797 (c) The court shall notify the Driver License Division if a person fails to complete all
4798 requirements of a 24-7 sobriety program.
4799 (d) Upon receiving the notification described in Subsection (15)(c), the division shall
4800 suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
4801 Section 99. Section 49-11-1401 is amended to read:
4802 49-11-1401. Forfeiture of retirement benefits for employees for employment
4803 related offense convictions -- Notifications -- Investigations -- Appeals.
4804 (1) As used in this section:
4805 (a) "Convicted" means a conviction by plea or by verdict, including a plea of guilty or a
4806 plea of no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
4807 regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance
4808 with the plea in abeyance agreement.
4809 (b) "Employee" means a member of a system or plan administered by the board.
4810 (c) (i) "Employment related offense" means a felony committed during employment or
4811 the term of an elected or appointed office with a participating employer that is:
4812 [
4813 [
4814 [
4815 (ii) "Employment related offense" does not include any federal offense for conduct that
4816 is lawful under Title 26, Chapter 61a, Utah Medical Cannabis Act.
4817 (2) (a) Notwithstanding any other provision of this title, an employee shall forfeit
4818 accrual of service credit, employer retirement related contributions, including employer
4819 contributions to the employer sponsored defined contribution plans, or other retirement related
4820 benefits from a system or plan under this title in accordance with this section.
4821 (b) The forfeiture of retirement related benefits under Subsection (2)(a) does not
4822 include the employee's contribution to a defined contribution plan.
4823 (3) An employee shall forfeit the benefits described under Subsection (2)(a):
4824 (a) if the employee is convicted of an employment related offense;
4825 (b) beginning on the day on which the employment related offense occurred; and
4826 (c) until the employee is either:
4827 (i) re-elected or reappointed to office; or
4828 (ii) (A) terminated from the position for which the employee was found to have
4829 committed an employment related offense; and
4830 (B) rehired or hired as an employee who is eligible to be a member of a Utah state
4831 retirement system or plan.
4832 (4) The employee's participating employer shall:
4833 (a) immediately notify the office:
4834 (i) if an employee is charged with an offense that is or may be an employment related
4835 offense under this section; and
4836 (ii) if the employee described in Subsection (4)(a)(i) is acquitted of the offense that is
4837 or may be an employment related offense under this section; and
4838 (b) if the employee is convicted of an offense that may be an employment related
4839 offense:
4840 (i) conduct an investigation, which may rely on the conviction, to determine:
4841 (A) whether the conviction is for an employment related offense; and
4842 (B) the date on which the employment related offense was initially committed; and
4843 (ii) after the period of time for an appeal by an employee under Subsection (5),
4844 immediately notify the office of the employer's determination under this Subsection (4)(b).
4845 (5) An employee may appeal the employee's participating employer's determination
4846 under Subsection (4)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures
4847 Act.
4848 (6) (a) Notwithstanding Subsection (4), a district attorney, a county attorney, the
4849 attorney general's office, or the state auditor may notify the office and the employee's
4850 participating employer if an employee is charged with an offense that is or may be an
4851 employment related offense under this section.
4852 (b) If the employee's participating employer receives a notification under Subsection
4853 (6)(a), the participating employer shall immediately report to the entity that provided the
4854 notification under Subsection (6)(a):
4855 (i) if the employee is acquitted of the offense;
4856 (ii) if the employee is convicted of an offense that may be an employment related
4857 offense; and
4858 (iii) when the participating employer has concluded its duties under this section if the
4859 employee is convicted, including conducting an investigation, making a determination under
4860 Subsection (4)(b) that the conviction was for an employment related offense, and notifying the
4861 office under Subsection (7).
4862 (c) The notifying entity under Subsection (6)(a) may assist the employee's participating
4863 employer with the investigation and determination described under Subsection (4)(b).
4864 (7) Upon receiving a notification from a participating employer that the participating
4865 employer has made a determination under Subsection (4)(b) that the conviction was for an
4866 employment related offense, the office shall immediately forfeit any service credit, employer
4867 retirement related contributions, including employer contributions to the employer sponsored
4868 contribution plans, or other retirement related benefits accrued by or made for the benefit of the
4869 employee, beginning on the date of the initial employment related offense determined under
4870 Subsection (4)(b).
4871 (8) This section applies to an employee who is convicted on or after the effective date
4872 of this act for an employment related offense.
4873 (9) The board may make rules to implement this section.
4874 (10) If any provision of this section, or the application of any provision to any person
4875 or circumstance, is held invalid, the remainder of this section shall be given effect without the
4876 invalid provision or application.
4877 Section 100. Section 53-1-106.5 is amended to read:
4878 53-1-106.5. Utah Medical Cannabis Act -- Department duties.
4879 In addition to the duties described in Section 53-1-106, the department shall:
4880 (1) provide standards for training peace officers and law enforcement agencies in the
4881 use of the state electronic verification system; and
4882 (2) collaborate with the Department of Health and the Department of Agriculture and
4883 Food to provide standards for training peace officers and law enforcement agencies in medical
4884 cannabis law.
4885 Section 101. Section 58-17b-302 is amended to read:
4886 58-17b-302. License required -- License classifications for pharmacy facilities.
4887 (1) A license is required to act as a pharmacy, except:
4888 (a) as specifically exempted from licensure under Section 58-1-307[
4889 (b) for the operation of a medical cannabis pharmacy or the state central fill medical
4890 cannabis pharmacy under Title 26, Chapter 61a, Utah Medical Cannabis Act.
4891 (2) The division shall issue a pharmacy license to a facility that qualifies under this
4892 chapter in the classification of a:
4893 (a) class A pharmacy;
4894 (b) class B pharmacy;
4895 (c) class C pharmacy;
4896 (d) class D pharmacy;
4897 (e) class E pharmacy; or
4898 (f) dispensing medical practitioner clinic pharmacy.
4899 (3) (a) Each place of business shall require a separate license.
4900 (b) If multiple pharmacies exist at the same address, a separate license shall be required
4901 for each pharmacy.
4902 (4) (a) The division may further define or supplement the classifications of pharmacies.
4903 (b) The division may impose restrictions upon classifications to protect the public
4904 health, safety, and welfare.
4905 (5) Each pharmacy, including the state central fill medical cannabis pharmacy, shall
4906 have a pharmacist-in-charge, except as otherwise provided by rule.
4907 (6) Whenever an applicable statute or rule requires or prohibits action by a pharmacy,
4908 the pharmacist-in-charge and the owner of the pharmacy shall be responsible for all activities
4909 of the pharmacy, regardless of the form of the business organization.
4910 Section 102. Section 58-17b-310 is amended to read:
4911 58-17b-310. Continuing education.
4912 (1) The division in collaboration with the board may establish by rule continuing
4913 education requirements for each classification of licensure under this chapter.
4914 (2) The division shall accept and apply toward an hour requirement that the division
4915 establishes under Subsection (1) continuing education that a pharmacist completes in
4916 accordance with Sections 26-61a-403 and 26-61a-601.
4917 Section 103. Section 58-17b-502 is amended to read:
4918 58-17b-502. Unprofessional conduct.
4919 (1) "Unprofessional conduct" includes:
4920 [
4921 agents as to any relevant matter regarding compliance under this chapter;
4922 [
4923 (i) paying or offering rebates to practitioners or any other health care providers, or
4924 receiving or soliciting rebates from practitioners or any other health care provider; or
4925 (ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
4926 bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
4927 provider, for the purpose of obtaining referrals[
4928 [
4929 [
4930 [
4931 [
4932 [
4933 dispensing of any outdated, misbranded, or adulterated drug or device;
4934 [
4935 packages bearing the inscription "sample" or "not for resale" or similar words or phrases;
4936 [
4937 Drug Recycling Act, accepting back and redistributing any unused drug, or a part of it, after it
4938 has left the premises of any pharmacy, unless the drug is in a unit pack, as defined in Section
4939 58-17b-503, or the manufacturer's sealed container, as defined in rule;
4940 [
4941 compensation if the act is incidental to the person's professional activities, including the
4942 activities of a pharmacist, pharmacy intern, or pharmacy technician;
4943 [
4944 [
4945 [
4946 [
4947 [
4948 outside the scope of practice for their respective license classifications, as defined in this
4949 chapter and division rules made in collaboration with the board, or beyond their scope of
4950 training and ability;
4951 [
4952 [
4953 [
4954 [
4955 administering;
4956 [
4957 the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110
4958 Stat. 1936, as amended, or other applicable law;
4959 [
4960 designated as the pharmacist-in-charge;
4961 [
4962 jurisdiction, government agency, law enforcement agency, or court for conduct that in
4963 substance would be considered unprofessional conduct under this section;
4964 [
4965 dosage form which is regularly and commonly available from a manufacturer in quantities and
4966 strengths prescribed by a practitioner; [
4967 [
4968 Access Act, when dispensing a self-administered hormonal contraceptive under a standing
4969 order[
4970 (o) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
4971 (2) Subsection (1)(b) does not apply to:
4972 (a) giving or receiving a price discount based on purchase volume;
4973 (b) passing along a pharmaceutical manufacturer's rebate; or
4974 (c) providing compensation for services to a veterinarian.
4975 (3) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
4976 61a, Utah Medical Cannabis Act:
4977 (a) when registered as a pharmacy medical provider, as that term is defined in Section
4978 20-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
4979 (b) when registered as a state central fill medical provider, as that term is defined in
4980 Section 26-61a-102, providing state central fill medical provider services in the state central fill
4981 medical cannabis pharmacy.
4982 (4) Notwithstanding Subsection (3), the division, in consultation with the board and in
4983 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
4984 unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
4985 Section 104. Section 58-20b-101 is enacted to read:
4986
4987
4988 58-20b-101. Title.
4989 This chapter is known as the "Environmental Health Scientist Act."
4990 Section 105. Section 58-20b-102 is enacted to read:
4991 58-20b-102. Definitions.
4992 In addition to the definitions in Section 58-1-102, as used in this chapter:
4993 (1) "Accredited program" means a degree-offering program from:
4994 (a) an institution, college, or university that is accredited by the Department of
4995 Education or the Council for Higher Education Accreditation; or
4996 (b) a non-accredited institution, college, or university that offers education equivalent
4997 to Department of Education-accredited programs, as determined by a third party selected by the
4998 board.
4999 (2) "Board" means the Environmental Health Scientist Board created in Section
5000 58-20b-201.
5001 (3) "General supervision" means the supervising environmental health scientist is
5002 available for immediate voice communication with the person he or she is supervising.
5003 (4) "Practice of environmental health science" means:
5004 (a) the enforcement of, the issuance of permits required by, or the inspection for the
5005 purpose of enforcing state and local public health laws in the following areas:
5006 (i) air quality;
5007 (ii) food quality;
5008 (iii) solid, hazardous, and toxic substances disposal;
5009 (iv) consumer product safety;
5010 (v) housing;
5011 (vi) noise control;
5012 (vii) radiation protection;
5013 (viii) water quality;
5014 (ix) vector control;
5015 (x) drinking water quality;
5016 (xi) milk sanitation;
5017 (xii) rabies control;
5018 (xiii) public health nuisances;
5019 (xiv) indoor clean air regulations;
5020 (xv) institutional and residential sanitation; or
5021 (xvi) recreational facilities sanitation; or
5022 (b) representing oneself in any manner as, or using the titles "environmental health
5023 scientist," "environmental health scientist-in-training," or "registered sanitarian."
5024 (5) "Unlawful conduct" means the same as that term is defined in Section 58-1-501.
5025 (6) "Unprofessional conduct" means the same as that term is defined in Sections
5026 58-1-501 and 58-20b-501 and as may be further defined by division rule.
5027 Section 106. Section 58-20b-201 is enacted to read:
5028
5029 58-20b-201. Board.
5030 (1) There is created the Environmental Health Scientist Board consisting of four
5031 environmental health scientists in good standing and one member of the general public.
5032 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
5033 (3) The duties and responsibilities of the board shall be in accordance with Sections
5034 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a
5035 permanent or rotating basis to:
5036 (a) assist the division in reviewing complaints concerning the unlawful or
5037 unprofessional conduct of a licensee; and
5038 (b) advise the division in its investigation of these complaints.
5039 (4) A board member who has, under Subsection (3), reviewed a complaint or advised
5040 in the investigation of the complaint is disqualified from participating with the board when the
5041 board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
5042 Section 107. Section 58-20b-301 is enacted to read:
5043
5044 58-20b-301. Licensure required -- License classifications.
5045 (1) A person shall hold a license under this chapter in order to engage in the practice of
5046 environmental health science while employed by any of the following, except as specifically
5047 exempted in Section 58-20b-305 or 58-1-307:
5048 (a) a local health department;
5049 (b) the state Department of Health;
5050 (c) the state Department of Human Services;
5051 (d) the Department of Agriculture and Food as a food and dairy compliance officer; or
5052 (e) a local health department as its director of environmental health services.
5053 (2) Any other individual not subject to Subsection (1) may also be licensed under this
5054 chapter upon compliance with all requirements.
5055 (3) The division shall issue to persons who qualify under this chapter a license in the
5056 classification:
5057 (a) environmental health scientist; or
5058 (b) environmental health scientist-in-training.
5059 Section 108. Section 58-20b-302 is enacted to read:
5060 58-20b-302. Qualifications for licensure.
5061 (1) Except as provided in Subsection (2), an applicant for licensure as an
5062 environmental health scientist shall:
5063 (a) submit an application in a form prescribed by the division;
5064 (b) pay a fee determined by the department under Section 63J-1-504;
5065 (c) be of good moral character;
5066 (d) hold, at a minimum, a bachelor's degree from an accredited program in a university
5067 or college, which degree includes completion of specific course work as defined by rule;
5068 (e) pass an examination as determined by division rule in collaboration with the board;
5069 and
5070 (f) pass the Utah Law and Rules Examination for Environmental Health Scientists
5071 administered by the division.
5072 (2) An applicant for licensure as an environmental health scientist-in-training shall:
5073 (a) submit an application in a form prescribed by the division;
5074 (b) pay a fee determined by the department under Section 63J-1-504;
5075 (c) be of good moral character;
5076 (d) hold, at a minimum, a bachelor's degree from an accredited program in a university
5077 or college, which degree includes completion of specific course work as defined by rule;
5078 (e) pass the Utah Law and Rules Examination for Environmental Health Scientists
5079 administered by the division; and
5080 (f) present evidence acceptable to the division and the board that the applicant, when
5081 licensed, will practice as an environmental health scientist-in-training only under the general
5082 supervision of a supervising environmental health scientist licensed under this chapter.
5083 Section 109. Section 58-20b-303 is enacted to read:
5084 58-20b-303. Term of license -- Expiration -- Renewal.
5085 (1) (a) The division shall issue each license for an environmental health scientist in
5086 accordance with a two-year renewal cycle established by rule.
5087 (b) The division may by rule extend or shorten a renewal period by as much as one year
5088 to stagger the renewal cycles it administers.
5089 (2) Each license for an environmental health scientist-in-training shall be issued for a
5090 term of two years and may not be renewed.
5091 (3) Each license issued under this chapter automatically expires on the expiration date
5092 shown on the license unless the licensee renews it in accordance with Section 58-1-308.
5093 Section 110. Section 58-20b-304 is enacted to read:
5094 58-20b-304. Continuing education.
5095 Each person holding a license under this chapter as an environmental health scientist or
5096 an environmental health scientist-in-training shall complete in each two-year period of
5097 licensure not fewer than 30 hours of professional continuing education in accordance with
5098 standards defined by division rule.
5099 Section 111. Section 58-20b-305 is enacted to read:
5100 58-20b-305. Exemptions from licensure.
5101 In addition to the exemptions from licensure in Section 58-1-307, a person is exempt
5102 from the licensure requirements of this chapter if:
5103 (1) the person's practice of environmental health science is limited to inspecting in
5104 order to enforce compliance with an inspection and maintenance program established pursuant
5105 to Section 41-6a-1642 or to issuing permits under that program;
5106 (2) the person is a laboratory staff person employed by the Department of Agriculture
5107 and Food or the Department of Health, and in the person's employment inspects, permits,
5108 certifies, or otherwise enforces laboratory standards in laboratories regulated by state or local
5109 public health laws; or
5110 (3) the person is the local health officer of a local public health department, which
5111 employs a director of environmental health services licensed under this chapter.
5112 Section 112. Section 58-20b-401 is enacted to read:
5113
5114 58-20b-401. Grounds for denial of license -- Disciplinary proceedings.
5115 Grounds for refusing to issue a license to an applicant, for refusing to renew the license
5116 of a licensee, for revoking, suspending, restricting, or placing on probation the license of a
5117 licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and
5118 desist order shall be in accordance with Section 58-1-401.
5119 Section 113. Section 58-20b-501 is enacted to read:
5120
5121 58-20b-501. Unprofessional conduct.
5122 "Unprofessional conduct" includes:
5123 (1) acting dishonestly or fraudulently in the performance of professional duties as an
5124 environmental health scientist or environmental health scientist-in-training;
5125 (2) intentionally filing a false report or record in the performance of professional duties
5126 as an environmental health scientist or environmental health scientist-in-training; and
5127 (3) willfully impeding or obstructing another person from filing a report in the
5128 performance of professional duties as an environmental health scientist or environmental health
5129 scientist-in-training.
5130 Section 114. Section 58-31b-305 is amended to read:
5131 58-31b-305. Term of license -- Expiration -- Renewal.
5132 (1) The division shall issue each license or certification under this chapter in
5133 accordance with a two-year renewal cycle established by rule. The division may by rule extend
5134 or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
5135 (2) The division shall renew the license of a licensee who, at the time of renewal:
5136 (a) completes and submits an application for renewal in a form prescribed by the
5137 division;
5138 (b) pays a renewal fee established by the division under Section 63J-1-504; and
5139 (c) meets continuing competency requirements as established by rule.
5140 (3) In addition to the renewal requirements under Subsection (2), a person licensed as
5141 [
5142 the division in collaboration with the board and submit evidence satisfactory to the division of
5143 that qualification or if licensed prior to July 1, 1992, meet the requirements established by rule.
5144 (4) In addition to the requirements described in Subsections (2) and (3), an advanced
5145 practice registered nurse licensee specializing in psychiatric mental health nursing who, as of
5146 the day on which the division originally issued the licensee's license had not completed the
5147 division's clinical practice requirements in psychiatric and mental health nursing, shall, to
5148 qualify for renewal:
5149 (a) if renewing less than two years after the day on which the division originally issued
5150 the license, demonstrate satisfactory progress toward completing the clinical practice
5151 requirements; or
5152 (b) have completed the clinical practice requirements.
5153 (5) Each license or certification automatically expires on the expiration date shown on
5154 the license or certification unless renewed in accordance with Section 58-1-308.
5155 (6) The division shall accept and apply toward an hour requirement that the division
5156 establishes under Subsection (2)(c) continuing education that an advanced practice registered
5157 nurse completes in accordance with Section 26-61a-106.
5158 Section 115. Section 58-31b-502 is amended to read:
5159 58-31b-502. Unprofessional conduct.
5160 (1) "Unprofessional conduct" includes:
5161 [
5162 condition, diagnosis, personal effects, or any other matter about which the licensee is privileged
5163 to know because of the licensee's or person with a certification's position or practice as a nurse
5164 or practice as a medication aide certified;
5165 [
5166 manner that demonstrates respect for the patient's human dignity and unique personal character
5167 and needs without regard to the patient's race, religion, ethnic background, socioeconomic
5168 status, age, sex, or the nature of the patient's health problem;
5169 [
5170 [
5171 the person licensed or certified under this chapter and the patient; or
5172 [
5173 relationship exists between the person licensed or certified under the provisions of this chapter
5174 and the patient;
5175 [
5176 information about a patient or exploiting the licensee's or the person with a certification's
5177 professional relationship between the licensee or holder of a certification under this chapter and
5178 the patient; or
5179 [
5180 knowledge of the patient obtained while acting as a nurse or a medication aide certified;
5181 [
5182 [
5183 [
5184 [
5185 information or altering a medical record in any way for the purpose of concealing an act,
5186 omission, or record of events, medical condition, or any other circumstance related to the
5187 patient and the medical or nursing care provided;
5188 [
5189 [
5190 services under supervision of the licensed nurse;
5191 [
5192 unlicensed person to practice as a nurse;
5193 [
5194 obstructing the filing or recording of such a report, or inducing another to fail to file or record
5195 such a report;
5196 [
5197 confidentiality with respect to a person who is a patient, unless ordered by a court;
5198 [
5199 [
5200 complying with the requirements in Section 58-31b-803;
5201 [
5202 [
5203 Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
5204 if applicable; and
5205 [
5206 for Schedule [
5207 (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
5208 61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
5209 is defined in Section 26-61a-102, recommending the use of medical cannabis.
5210 (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
5211 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
5212 unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
5213 Section 116. Section 58-37-3.6 (Superseded 07/01/19) is amended to read:
5214 58-37-3.6 (Superseded 07/01/19). Exemption for possession or distribution of a
5215 cannabinoid product or expanded cannabinoid product pursuant to an approved study.
5216 (1) As used in this section:
5217 (a) "Cannabinoid product" means a product intended for human ingestion that:
5218 (i) contains an extract or concentrate that is obtained from cannabis;
5219 (ii) is prepared in a medicinal dosage form; and
5220 (iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
5221 (b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
5222 (c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
5223 (d) "Expanded cannabinoid product" means a product intended for human ingestion
5224 that:
5225 (i) contains an extract or concentrate that is obtained from cannabis;
5226 (ii) is prepared in a medicinal dosage form; and
5227 (iii) contains less than 10 units of cannabidiol for every one unit of
5228 tetrahydrocannabinol.
5229 (e) "Medicinal dosage form" means:
5230 (i) a tablet;
5231 (ii) a capsule;
5232 (iii) a concentrated oil;
5233 (iv) a liquid suspension;
5234 (v) a transdermal preparation; or
5235 (vi) a sublingual preparation.
5236 (f) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the
5237 description in Subsection 58-37-4(2)(a)(iii)(AA).
5238 (2) Notwithstanding any other provision of this chapter, an individual who possesses or
5239 distributes a cannabinoid product or an expanded cannabinoid product is not subject to the
5240 penalties described in this title for the possession or distribution of marijuana or
5241 tetrahydrocannabinol to the extent that the individual's possession or distribution of the
5242 cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 61,
5243 Cannabinoid Research Act.
5244 [
5245
5246
5247
5248
5249 [
5250
5251
5252
5253 Section 117. Section 58-37-3.6 (Effective 07/01/19) is amended to read:
5254 58-37-3.6 (Effective 07/01/19). Exemption for possession or distribution of a
5255 cannabinoid product or expanded cannabinoid product pursuant to an approved study.
5256 (1) As used in this section:
5257 [
5258
5259 [
5260 (i) contains an extract or concentrate that is obtained from cannabis;
5261 (ii) is prepared in a medicinal dosage form; and
5262 (iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
5263 [
5264 not.
5265 [
5266 58-37a-3.
5267 [
5268 ingestion that:
5269 (i) contains an extract or concentrate that is obtained from cannabis;
5270 (ii) is prepared in a medicinal dosage form; and
5271 (iii) contains less than 10 units of cannabidiol for every one unit of
5272 tetrahydrocannabinol.
5273 [
5274 (i) a tablet;
5275 (ii) a capsule;
5276 (iii) a concentrated oil;
5277 (iv) a liquid suspension;
5278 (v) a transdermal preparation; or
5279 (vi) a sublingual preparation.
5280 [
5281 the description in Subsection 58-37-4(2)(a)(iii)(AA).
5282 (2) Notwithstanding any other provision of this chapter[
5283 possesses or distributes a cannabinoid product or an expanded cannabinoid product is not
5284 subject to the penalties described in this title for the possession or distribution of marijuana or
5285 tetrahydrocannabinol to the extent that the individual's possession or distribution of the
5286 cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 61,
5287 Cannabinoid Research Act[
5288 [
5289
5290
5291
5292
5293
5294 [
5295
5296 [
5297 [
5298
5299
5300 [
5301
5302
5303
5304
5305 [
5306
5307
5308
5309 Section 118. Section 58-37-3.7 is amended to read:
5310 58-37-3.7. Medical cannabis decriminalization.
5311 (1) As used in this section:
5312 (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
5313 (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
5314 (c) "Medical cannabis card" means the same as that term is defined in Section
5315 26-61a-102.
5316 (d) "Medical cannabis device" means the same as that term is defined in Section
5317 26-61a-102.
5318 (e) "Medical cannabis pharmacy" means the same as that term is defined in Section
5319 26-61a-102.
5320 (f) "Medicinal dosage form" means the same as that term is defined in Section
5321 26-61a-102.
5322 (g) "Qualified medical provider" means the same as that term is defined in Section
5323 26-61a-102.
5324 (h) "Qualifying condition" means the same as that term is defined in Section
5325 26-61a-102.
5326 (i) "Tetrahydrocannabinol" means the same as that term is defined in Section
5327 58-37-3.9.
5328 [
5329
5330 possession[
5331 paraphernalia [
5332 (a) at the time of the arrest, the individual [
5333
5334 (i) (A) had been diagnosed with a qualifying condition; and
5335 (B) had a pre-existing provider-patient relationship with an advanced practice
5336 registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed
5337 under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58,
5338 Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under
5339 Title 58, Chapter 70a, Physician Assistant Act, who believed that the individual's illness
5340 described in Subsection (2)(a)(i)(A) could benefit from the use in question; or
5341 (ii) (A) for possession, was a medical cannabis cardholder; or
5342 (B) for use, was a medical cannabis patient cardholder or a minor with a qualifying
5343 condition under the supervision of a medical cannabis guardian cardholder; and
5344 (b) the marijuana or tetrahydrocannabinol was in a medicinal dosage form in a quantity
5345 described in Subsection 26-61a-502(2).
5346 [
5347 individual is not guilty under this chapter for the use or possession of marijuana,
5348 tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter if:
5349 (a) at the time of the arrest, the individual:
5350 (i) [
5351 [
5352 (ii) had a currently valid medical cannabis [
5353 a medical cannabis card under the laws of another state, district, territory, commonwealth, or
5354 insular possession of the United States; and
5355 [
5356 as described in Section [
5357 (b) the marijuana or tetrahydrocannabinol is in a medicinal dosage form in a quantity
5358 described in Subsection 26-61a-502(2).
5359 [
5360
5361 Section 119. Section 58-37-3.8 is amended to read:
5362 58-37-3.8. Enforcement.
5363 (1) [
5364
5365 designated drug enforcement task force regarding conduct that is not in accordance with Title
5366 26, Chapter 61a, Utah Medical Cannabis Act, may not expend any state or local resources,
5367 including the officer's time, to:
5368 (a) effect any arrest or seizure of cannabis, as that term is defined in Section
5369 26-61a-102, or conduct any investigation, on the sole basis of activity the officer believes to
5370 constitute a violation of federal law if the officer has reason to believe that [
5371 in compliance with the state medical cannabis laws[
5372
5373 (b) enforce a law that restricts an individual's right to acquire, own, or possess a
5374 firearm based solely on the individual's possession or use of cannabis in accordance with state
5375 medical cannabis laws; or
5376 (c) provide any information or logistical support related to [
5377 in Subsection (1)(a) to any federal law enforcement authority or prosecuting entity.
5378 (2) [
5379
5380 providing a professional [
5381 term is defined in Section 26-61a-102, the state central fill medical cannabis pharmacy, as that
5382 term is defined in Section 26-61a-102, or a cannabis production establishment [
5383
5384 on the sole basis that the service is a violation of federal law.
5385 Section 120. Section 58-37-3.9 is amended to read:
5386 58-37-3.9. Exemption for possession or use of cannabis to treat a qualifying
5387 illness.
5388 (1) As used in this section:
5389 (a) "Cannabis" means marijuana.
5390 [
5391
5392 [
5393
5394 26-61a-102.
5395 [
5396
5397 [
5398 58-37a-3.
5399 [
5400 [
5401 in Section [
5402 [
5403
5404 [
5405
5406 [
5407 defined in Section [
5408 [
5409
5410 (2) Notwithstanding any other provision of law, except as otherwise provided in this
5411 section:
5412 (a) an individual [
5413 if the individual engages in the conduct in accordance with Title 4, Chapter 41a, Cannabis
5414 Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act:
5415 (i) [
5416 possessing, ingesting, producing, manufacturing, dispensing, distributing, selling, or offering to
5417 sell cannabis or a cannabis product; or [
5418 (ii) possessing cannabis or a cannabis product with the intent to [
5419
5420
5421
5422 [
5423 the individual, in accordance with Title 4, Chapter [
5424 [
5425 Cannabis Act[
5426 [
5427 a medical cannabis device; or
5428 (ii) [
5429
5430
5431
5432 [
5433 [
5434 [
5435 [
5436
5437
5438 [
5439 [
5440 [
5441 vaporization or heating of medical cannabis.
5442 (b) [
5443 authorize a medical cannabis [
5444 a device to facilitate the smoking or combustion of cannabis. [
5445
5446
5447
5448 (c) A medical cannabis cardholder who smokes cannabis or engages in any other
5449 conduct described in Subsection (3)(b):
5450 (i) does not possess the cannabis in accordance with Title 26, Chapter 61a, Utah
5451 Medical Cannabis Act; and
5452 (ii) is subject to charges under this chapter for the use or possession of marijuana,
5453 tetrahydrocannabinol, or marijuana drug paraphernalia for the conduct described in Subsection
5454 (3)(b).
5455 [
5456
5457 [
5458 under Title 4, Chapter [
5459 26, Chapter [
5460 that penalty or conviction, subject to [
5461 (a) the possession, manufacture, sale, or offer for sale of cannabis or a cannabis
5462 product; or
5463 (b) the possession, manufacture, sale, or offer for sale of drug paraphernalia.
5464 Section 121. Section 58-37f-203 (Effective 07/01/19) is amended to read:
5465 58-37f-203 (Effective 07/01/19). Submission, collection, and maintenance of data.
5466 (1) (a) The division shall implement on a statewide basis, including non-resident
5467 pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to
5468 submit information:
5469 (i) real-time submission of the information required to be submitted under this part to
5470 the controlled substance database; and
5471 (ii) 24-hour daily or next business day, whichever is later, batch submission of the
5472 information required to be submitted under this part to the controlled substance database.
5473 (b) (i) On and after January 1, 2016, a pharmacist shall comply with either:
5474 (A) the submission time requirements established by the division under Subsection
5475 (1)(a)(i); or
5476 (B) the submission time requirements established by the division under Subsection
5477 (1)(a)(ii).
5478 (ii) Prior to January 1, 2016, a pharmacist may submit information using either option
5479 under this Subsection (1).
5480 (c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
5481 (2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
5482 controlled substance is dispensed shall submit the data described in this section to the division
5483 in accordance with:
5484 (i) the requirements of this section;
5485 (ii) the procedures established by the division;
5486 (iii) additional types of information or data fields established by the division; and
5487 (iv) the format established by the division.
5488 (b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
5489 Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
5490 the provisions of this section and the dispensing medical practitioner shall assume the duties of
5491 the pharmacist under this chapter.
5492 (3) [
5493 shall, for each controlled substance dispensed by a pharmacist under the pharmacist's
5494 supervision other than those dispensed for an inpatient at a health care facility, submit to the
5495 division any type of information or data field established by the division by rule in accordance
5496 with Subsection (6).
5497 [
5498
5499
5500 [
5501 [
5502 [
5503 [
5504 [
5505
5506 (4) An individual whose records are in the database may obtain those records upon
5507 submission of a written request to the division.
5508 (5) (a) A patient whose record is in the database may contact the division in writing to
5509 request correction of any of the patient's database information that is incorrect. The patient
5510 shall provide a postal address for the division's response.
5511 (b) The division shall grant or deny the request within 30 days from receipt of the
5512 request and shall advise the requesting patient of its decision by mail postmarked within 35
5513 days of receipt of the request.
5514 (c) If the division denies a request under this Subsection (5) or does not respond within
5515 35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
5516 after the postmark date of the patient's letter making a request for a correction under this
5517 Subsection (5).
5518 (6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
5519 Administrative Rulemaking Act, to establish submission requirements under this part,
5520 including:
5521 (a) electronic format;
5522 (b) submission procedures; and
5523 (c) required information and data fields.
5524 (7) The division shall ensure that the database system records and maintains for
5525 reference:
5526 (a) the identification of each individual who requests or receives information from the
5527 database;
5528 (b) the information provided to each individual; and
5529 (c) the date and time that the information is requested or provided.
5530 Section 122. Section 58-67-304 is amended to read:
5531 58-67-304. License renewal requirements.
5532 (1) As a condition precedent for license renewal, each licensee shall, during each
5533 two-year licensure cycle or other cycle defined by division rule:
5534 (a) complete qualified continuing professional education requirements in accordance
5535 with the number of hours and standards defined by division rule made in collaboration with the
5536 board;
5537 (b) appoint a contact person for access to medical records and an alternate contact
5538 person for access to medical records in accordance with Subsection 58-67-302(1)(j);
5539 (c) if the licensee practices medicine in a location with no other persons licensed under
5540 this chapter, provide some method of notice to the licensee's patients of the identity and
5541 location of the contact person and alternate contact person for the licensee; and
5542 (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
5543 successfully complete the educational methods and programs described in Subsection
5544 58-67-807(4).
5545 (2) If a renewal period is extended or shortened under Section 58-67-303, the
5546 continuing education hours required for license renewal under this section are increased or
5547 decreased proportionally.
5548 (3) An application to renew a license under this chapter shall:
5549 (a) require a physician to answer the following question: "Do you perform elective
5550 abortions in Utah in a location other than a hospital?"; and
5551 (b) immediately following the question, contain the following statement: "For purposes
5552 of the immediately preceding question, elective abortion means an abortion other than one of
5553 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
5554 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
5555 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
5556 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
5557 the woman is pregnant as a result of rape or incest."
5558 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
5559 to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
5560 Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
5561 division shall, within 30 days after the day on which it renews the physician's license under this
5562 chapter, inform the Department of Health in writing:
5563 (a) of the name and business address of the physician; and
5564 (b) that the physician responded positively to the question described in Subsection
5565 (3)(a).
5566 (5) The division shall accept and apply toward the hour requirement in Subsection
5567 (1)(a) and continuing education that a physician completes in accordance with Sections
5568 26-61a-106, 26-61a-403, and 26-61a-601.
5569 Section 123. Section 58-67-502 is amended to read:
5570 58-67-502. Unprofessional conduct.
5571 (1) "Unprofessional conduct" includes, in addition to the definition in Section
5572 58-1-501:
5573 (a) using or employing the services of any individual to assist a licensee in any manner
5574 not in accordance with the generally recognized practices, standards, or ethics of the
5575 profession, state law, or division rule;
5576 (b) making a material misrepresentation regarding the qualifications for licensure under
5577 Section 58-67-302.7 or Section 58-67-302.8; [
5578 (c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
5579 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable[
5580 (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
5581 (2) "Unprofessional conduct" does not include[
5582 (a) in compliance with Section 58-85-103:
5583 [
5584 [
5585 [
5586 device[
5587 (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
5588 (i) when registered as a qualified medical provider, as that term is defined in Section
5589 26-61a-102, recommending the use of medical cannabis;
5590 (ii) when registered as a pharmacy medical provider, as that term is defined in Section
5591 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
5592 (iii) when registered as a state central fill medical provider, as that term is defined in
5593 Section 26-61a-102, providing state central fill medical provider services in the state central fill
5594 medical cannabis pharmacy.
5595 (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
5596 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
5597 unprofessional conduct for a pharmacist described in Subsections (2)(b).
5598 Section 124. Section 58-68-304 is amended to read:
5599 58-68-304. License renewal requirements.
5600 (1) As a condition precedent for license renewal, each licensee shall, during each
5601 two-year licensure cycle or other cycle defined by division rule:
5602 (a) complete qualified continuing professional education requirements in accordance
5603 with the number of hours and standards defined by division rule in collaboration with the
5604 board;
5605 (b) appoint a contact person for access to medical records and an alternate contact
5606 person for access to medical records in accordance with Subsection 58-68-302(1)(j);
5607 (c) if the licensee practices osteopathic medicine in a location with no other persons
5608 licensed under this chapter, provide some method of notice to the licensee's patients of the
5609 identity and location of the contact person and alternate contact person for access to medical
5610 records for the licensee in accordance with Subsection 58-68-302(1)(k); and
5611 (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
5612 successfully complete the educational methods and programs described in Subsection
5613 58-68-807(4).
5614 (2) If a renewal period is extended or shortened under Section 58-68-303, the
5615 continuing education hours required for license renewal under this section are increased or
5616 decreased proportionally.
5617 (3) An application to renew a license under this chapter shall:
5618 (a) require a physician to answer the following question: "Do you perform elective
5619 abortions in Utah in a location other than a hospital?"; and
5620 (b) immediately following the question, contain the following statement: "For purposes
5621 of the immediately preceding question, elective abortion means an abortion other than one of
5622 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
5623 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
5624 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
5625 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
5626 the woman is pregnant as a result of rape or incest."
5627 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
5628 to the licensing of an abortion clinic, if a physician responds positively to the question
5629 described in Subsection (3)(a), the division shall, within 30 days after the day on which it
5630 renews the physician's license under this chapter, inform the Department of Health in writing:
5631 (a) of the name and business address of the physician; and
5632 (b) that the physician responded positively to the question described in Subsection
5633 (3)(a).
5634 (5) The division shall accept and apply toward the hour requirement in Subsection
5635 (1)(a) and continuing education that a physician completes in accordance with Sections
5636 26-61a-106, 26-61a-403, and 26-61a-601.
5637 Section 125. Section 58-68-502 is amended to read:
5638 58-68-502. Unprofessional conduct.
5639 (1) "Unprofessional conduct" includes, in addition to the definition in Section
5640 58-1-501:
5641 (a) using or employing the services of any individual to assist a licensee in any manner
5642 not in accordance with the generally recognized practices, standards, or ethics of the
5643 profession, state law, or division rule;
5644 (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
5645 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable; [
5646 (c) making a material misrepresentation regarding the qualifications for licensure under
5647 Section 58-68-302.5[
5648 (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
5649 (2) "Unprofessional conduct" does not include[
5650 (a) in compliance with Section 58-85-103:
5651 [
5652 [
5653 [
5654 device[
5655 (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
5656 (i) when registered as a qualified medical provider, as that term is defined in Section
5657 26-61a-102, recommending the use of medical cannabis;
5658 (ii) when registered as a pharmacy medical provider, as that term is defined in Section
5659 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
5660 (iii) when registered as a state central fill medical provider, as that term is defined in
5661 Section 26-61a-102, providing state central fill medical provider services in the state central fill
5662 medical cannabis pharmacy.
5663 (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
5664 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
5665 unprofessional conduct for a pharmacist described in Subsections (2)(b).
5666 Section 126. Section 58-70a-303 is amended to read:
5667 58-70a-303. Term of license -- Expiration -- Renewal.
5668 (1) (a) The division shall issue each license under this chapter in accordance with a
5669 two-year renewal cycle established by division rule.
5670 (b) The division may by rule extend or shorten a renewal period by as much as one year
5671 to stagger the renewal cycles it administers.
5672 (2) At the time of renewal, the licensee shall show compliance with continuing
5673 education renewal requirements.
5674 (3) Each license issued under this chapter expires on the expiration date shown on the
5675 license unless renewed in accordance with Section 58-1-308.
5676 (4) The division shall accept and apply toward an hour requirement that the division
5677 establishes under Subsection (2) continuing education that a physician assistant completes in
5678 accordance with Section 26-61a-106.
5679 Section 127. Section 58-70a-503 is amended to read:
5680 58-70a-503. Unprofessional conduct.
5681 (1) "Unprofessional conduct" includes:
5682 [
5683 and a professional need to know the information concerning the patient;
5684 [
5685 administering, or offering to prescribe, sell, furnish, give away, or administer any prescription
5686 drug except for a legitimate medical purpose upon a proper diagnosis indicating use of that
5687 drug in the amounts prescribed or provided;
5688 [
5689 to oneself, except those that have been legally prescribed for the physician assistant by a
5690 licensed practitioner and that are used in accordance with the prescription order for the
5691 condition diagnosed;
5692 [
5693 accurately reflects current practices;
5694 [
5695 for review upon request;
5696 [
5697 the supervising physician the independent final decision making authority on patient treatment
5698 decisions, as set forth in the delegation of services agreement or as defined by rule; and
5699 [
5700 Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable.
5701 (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
5702 61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
5703 is defined in Section 26-61a-102, recommending the use of medical cannabis.
5704 (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
5705 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
5706 unprofessional conduct for a physician assistant described in Subsection (2).
5707 Section 128. Section 58-85-102 is amended to read:
5708 58-85-102. Definitions.
5709 As used in this chapter:
5710 [
5711
5712 [
5713 [
5714 terminal illness by a physician.
5715 [
5716
5717 [
5718 [
5719 (a) meets the definition of "investigational device" in 21 C.F.R. Sec. 812.3; and
5720 (b) has successfully completed the United States Food and Drug Administration Phase
5721 1 testing for an investigational device described in 21 C.F.R. Part 812.
5722 [
5723 (a) meets the definition of "investigational new drug" in 21 C.F.R. Sec. 312.3; and
5724 (b) has successfully completed the United States Food and Drug Administration Phase
5725 1 testing for an investigational new drug described in 21 C.F.R. Part 312.
5726 [
5727 58-37-3.6.
5728 [
5729 (a) Title 58, Chapter 67, Utah Medical Practice Act; or
5730 (b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
5731 [
5732
5733 [
5734 (a) as determined by a physician:
5735 (i) is likely to pose a greater risk to the patient than the risk posed to the patient by
5736 treatment with an investigational drug or investigational device; and
5737 (ii) will inevitably lead to the patient's death; and
5738 (b) presents the patient, after the patient has explored conventional therapy options,
5739 with no treatment option that is satisfactory or comparable to treatment with an investigational
5740 drug or device.
5741 Section 129. Section 58-85-104 is amended to read:
5742 58-85-104. Standard of care -- Medical practitioners not liable -- No private right
5743 of action.
5744 (1) [
5745 licensed health care provider, or hospital to treat an eligible patient with an investigational drug
5746 or investigational device under this chapter.
5747 [
5748
5749
5750 (2) A physician, other licensed health care provider, or hospital that treats an eligible
5751 patient with an investigational drug or investigational device under this chapter[
5752
5753
5754
5755 device, [
5756 subject to:
5757 (a) civil liability;
5758 (b) criminal liability; or
5759 (c) licensure sanctions under:
5760 (i) for a physician:
5761 (A) Title 58, Chapter 67, Utah Medical Practice Act; or
5762 (B) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
5763 (ii) for the other licensed health care provider, the act governing the other licensed
5764 health care provider's license; or
5765 (iii) for the hospital [
5766 Licensing and Inspection Act.
5767 (3) This chapter does not:
5768 (a) require a manufacturer of an investigational drug or investigational device to agree
5769 to make an investigational drug or investigational device available to an eligible patient or an
5770 eligible patient's physician;
5771 (b) require a physician to agree to:
5772 (i) administer an investigational drug to an eligible patient under this chapter; or
5773 (ii) treat an eligible patient with an investigational device under this chapter; or
5774 [
5775 (c) create a private right of action for an eligible patient:
5776 (i) against a physician or hospital, for the physician's or hospital's refusal to:
5777 (A) administer an investigational drug to an eligible patient under this chapter; or
5778 (B) treat an eligible patient with an investigational device under this chapter; or
5779 [
5780 (ii) against a manufacturer, for the manufacturer's refusal to provide an eligible patient
5781 with an investigational drug or an investigational device under this chapter.
5782 Section 130. Section 58-85-105 is amended to read:
5783 58-85-105. Insurance coverage.
5784 (1) This chapter does not:
5785 (a) require an insurer to cover the cost of:
5786 (i) administering an investigational drug under this chapter; or
5787 (ii) treating a patient with an investigational device under this chapter; or
5788 [
5789 (b) prohibit an insurer from covering the cost of:
5790 (i) administering an investigational drug under this chapter; or
5791 (ii) treating a patient with an investigational device under this chapter[
5792 [
5793 (2) Except as described in Subsection (3), an insurer may deny coverage to an eligible
5794 patient who is treated with an investigational drug or investigational device, for harm to the
5795 eligible patient caused by the investigational drug or investigational device.
5796 (3) An insurer may not deny coverage to an eligible patient under Subsection (2) for:
5797 (a) the eligible patient's preexisting condition;
5798 (b) benefits that commenced before the day on which the eligible patient is treated with
5799 the investigational drug or investigational device; or
5800 (c) palliative or hospice care for an eligible patient that has been treated with an
5801 investigational drug or device, but is no longer receiving curative treatment with the
5802 investigational drug or device.
5803 Section 131. Section 59-12-104.10 is enacted to read:
5804 59-12-104.10. Exemption from sales tax for cannabis.
5805 (1) As used in this section:
5806 (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
5807 (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
5808 (c) "Medical cannabis device" means the same as that term is defined in Section
5809 26-61a-102.
5810 (d) "Medical cannabis pharmacy" means the same as that term is defined in Section
5811 26-61a-102.
5812 (e) "Medicinal dosage form" means the same as that term is defined in Section
5813 26-61a-102.
5814 (f) "State central fill medical cannabis pharmacy" means the same as that term is
5815 defined in Section 26-61a-102.
5816 (2) In addition to the exemptions described in Section 59-12-104, the sale by a licensed
5817 medical cannabis pharmacy or the state central fill medical cannabis pharmacy of the following
5818 is not subject to the taxes this chapter imposes:
5819 (a) cannabis in a medicinal dosage form; or
5820 (b) a cannabis product in a medicinal dosage form.
5821 (3) The sale of a medical cannabis device by a medical cannabis pharmacy or the state
5822 central fill medical cannabis pharmacy is subject to the taxes this chapter imposes.
5823 Section 132. Section 62A-3-322 is enacted to read:
5824 62A-3-322. Medical cannabis use by a vulnerable adult or guardian.
5825 A peace officer or an employee or agent of the division may not solicit or provide, and a
5826 court may not order, emergency services for a vulnerable adult based solely on:
5827 (1) the vulnerable adult's possession or use of cannabis in accordance with Title 26,
5828 Chapter 61a, Utah Medical Cannabis Act; or
5829 (2) the guardian of the vulnerable adult assisting with the use of or possessing cannabis
5830 in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act.
5831 Section 133. Section 62A-4a-202.1 is amended to read:
5832 62A-4a-202.1. Entering home of a child -- Taking a child into protective custody
5833 -- Caseworker accompanied by peace officer -- Preventive services -- Shelter facility or
5834 emergency placement.
5835 (1) A peace officer or child welfare worker may not:
5836 (a) enter the home of a child who is not under the jurisdiction of the court, remove a
5837 child from the child's home or school, or take a child into protective custody unless authorized
5838 under Subsection 78A-6-106(2); or
5839 (b) remove a child from the child's home or take a child into custody under this section
5840 solely on the basis of:
5841 (i) educational neglect, truancy, or failure to comply with a court order to attend
5842 school; or
5843 (ii) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
5844 Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
5845 dosage form, or a medical cannabis device [
5846
5847
5848 (2) A child welfare worker within the division may take action under Subsection [
5849 (1) accompanied by a peace officer, or without a peace officer when a peace officer is not
5850 reasonably available.
5851 (3) (a) If possible, consistent with the child's safety and welfare, before taking a child
5852 into protective custody, the child welfare worker shall also determine whether there are
5853 services available that, if provided to a parent or guardian of the child, would eliminate the
5854 need to remove the child from the custody of the child's parent or guardian.
5855 (b) If the services described in Subsection (3)(a) are reasonably available, they shall be
5856 utilized.
5857 (c) In determining whether the services described in Subsection (3)(a) are reasonably
5858 available, and in making reasonable efforts to provide those services, the child's health, safety,
5859 and welfare shall be the child welfare worker's paramount concern.
5860 (4) (a) A child removed or taken into custody under this section may not be placed or
5861 kept in a secure detention facility pending court proceedings unless the child is detainable
5862 based on guidelines promulgated by the Division of Juvenile Justice Services.
5863 (b) A child removed from the custody of the child's parent or guardian but who does
5864 not require physical restriction shall be given temporary care in:
5865 (i) a shelter facility; or
5866 (ii) an emergency placement in accordance with Section 62A-4a-209.
5867 (c) When making a placement under Subsection (4)(b), the Division of Child and
5868 Family Services shall give priority to a placement with a noncustodial parent, relative, or
5869 friend, in accordance with Section 62A-4a-209.
5870 [
5871 friend, the caseworker assigned to the child shall file a report with the caseworker's supervisor
5872 explaining why a different placement was in the child's best interest.
5873 (5) When a child is removed from the child's home or school or taken into protective
5874 custody, the caseworker shall give a parent of the child a pamphlet or flier explaining:
5875 (a) the parent's rights under this part, including the right to be present and participate in
5876 any court proceeding relating to the child's case;
5877 (b) that it may be in the parent's best interest to contact an attorney and that, if the
5878 parent cannot afford an attorney, the court will appoint one;
5879 (c) the name and contact information of a division employee the parent may contact
5880 with questions;
5881 (d) resources that are available to the parent, including:
5882 (i) mental health resources;
5883 (ii) substance abuse resources; and
5884 (iii) parenting classes; and
5885 (e) any other information considered relevant by the division.
5886 (6) The pamphlet or flier described in Subsection (5) shall be:
5887 (a) evaluated periodically for its effectiveness at conveying necessary information and
5888 revised accordingly;
5889 (b) written in simple, easy-to-understand language; and
5890 (c) available in English and other languages as the division determines to be
5891 appropriate and necessary.
5892 Section 134. Section 63I-1-226 is amended to read:
5893 63I-1-226. Repeal dates, Title 26.
5894 (1) Section 26-1-40 is repealed July 1, 2019.
5895 [
5896 July 1, 2025.
5897 [
5898 (4) Subsection 26-18-417(3) is repealed July 1, 2020.
5899 [
5900
5901 [
5902 2024.
5903 (6) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024.
5904 (7) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
5905 July 1, 2024.
5906 [
5907 July 1, [
5908 [
5909 [
5910 [
5911 2019.
5912 (10) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
5913 July 1, 2026.
5914 Section 135. Section 63I-1-258 is amended to read:
5915 63I-1-258. Repeal dates, Title 58.
5916 (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
5917 repealed July 1, 2026.
5918 (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
5919 (3) Title 58, Chapter [
5920 [
5921 (4) Section 58-37-4.3 is repealed January 1, 2020.
5922 (5) Subsection 58-37-6(7)(f)(iii) is repealed July 1, 2022, and the Office of Legislative
5923 Research and General Counsel is authorized to renumber the remaining subsections
5924 accordingly.
5925 [
5926 2023.
5927 [
5928 Act, is repealed July 1, 2019.
5929 [
5930 2025.
5931 [
5932 repealed July 1, 2023.
5933 [
5934 2024.
5935 [
5936 July 1, 2026.
5937 [
5938 (13) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is
5939 repealed July 1, 2021.
5940 (14) The following sections are repealed on July 1, 2019:
5941 (a) Section 58-5a-502;
5942 (b) Section 58-31b-502.5;
5943 (c) Section 58-67-502.5;
5944 (d) Section 58-68-502.5; and
5945 (e) Section 58-69-502.5.
5946 Section 136. Section 67-19-33 is amended to read:
5947 67-19-33. Controlled substances and alcohol use prohibited.
5948 [
5949 employee may not:
5950 (1) manufacture, dispense, possess, use, distribute, or be under the influence of a
5951 controlled substance or alcohol during work hours or on state property except where legally
5952 permissible;
5953 (2) manufacture, dispense, possess, use, or distribute a controlled substance or alcohol
5954 if the activity prevents:
5955 (a) state agencies from receiving federal grants or performing under federal contracts of
5956 $25,000 or more; or
5957 (b) the employee to perform his services or work for state government effectively as
5958 regulated by the rules of the executive director in accordance with Section 67-19-34; or
5959 (3) refuse to submit to a drug or alcohol test under Section 67-19-36.
5960 Section 137. Section 78A-6-508 (Superseded 07/01/19) is amended to read:
5961 78A-6-508 (Superseded 07/01/19). Evidence of grounds for termination.
5962 (1) In determining whether a parent or parents have abandoned a child, it is prima facie
5963 evidence of abandonment that the parent or parents:
5964 (a) although having legal custody of the child, have surrendered physical custody of the
5965 child, and for a period of six months following the surrender have not manifested to the child
5966 or to the person having the physical custody of the child a firm intention to resume physical
5967 custody or to make arrangements for the care of the child;
5968 (b) have failed to communicate with the child by mail, telephone, or otherwise for six
5969 months;
5970 (c) failed to have shown the normal interest of a natural parent, without just cause; or
5971 (d) have abandoned an infant, as described in Subsection 78A-6-316(1).
5972 (2) In determining whether a parent or parents are unfit or have neglected a child the
5973 court shall consider, but is not limited to, the following circumstances, conduct, or conditions:
5974 (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
5975 parent unable to care for the immediate and continuing physical or emotional needs of the child
5976 for extended periods of time;
5977 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
5978 nature;
5979 (c) habitual or excessive use of intoxicating liquors, controlled substances, or
5980 dangerous drugs that render the parent unable to care for the child;
5981 (d) repeated or continuous failure to provide the child with adequate food, clothing,
5982 shelter, education, or other care necessary for the child's physical, mental, and emotional health
5983 and development by a parent or parents who are capable of providing that care;
5984 (e) whether the parent is incarcerated as a result of conviction of a felony, and the
5985 sentence is of such length that the child will be deprived of a normal home for more than one
5986 year;
5987 (f) a history of violent behavior; or
5988 (g) whether the parent has intentionally exposed the child to pornography or material
5989 harmful to a minor, as defined in Section 76-10-1201.
5990 (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent
5991 [
5992 in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical
5993 cannabis device, as those terms are defined in Section 26-61a-102, in accordance with Title 26,
5994 Chapter [
5995 (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
5996 specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
5997 (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
5998 unfit because of a health care decision made for a child by the child's parent unless the state or
5999 other party to the proceeding shows, by clear and convincing evidence, that the health care
6000 decision is not reasonable and informed.
6001 (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
6002 obtain a second health care opinion.
6003 (6) If a child has been placed in the custody of the division and the parent or parents
6004 fail to comply substantially with the terms and conditions of a plan within six months after the
6005 date on which the child was placed or the plan was commenced, whichever occurs later, that
6006 failure to comply is evidence of failure of parental adjustment.
6007 (7) The following circumstances constitute prima facie evidence of unfitness:
6008 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
6009 child, due to known or substantiated abuse or neglect by the parent or parents;
6010 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
6011 indicate the unfitness of the parent to provide adequate care to the extent necessary for the
6012 child's physical, mental, or emotional health and development;
6013 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
6014 of the child;
6015 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
6016 commit murder or manslaughter of a child or child abuse homicide; or
6017 (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
6018 of the child, without legal justification.
6019 Section 138. Section 78A-6-508 (Effective 07/01/19) is amended to read:
6020 78A-6-508 (Effective 07/01/19). Evidence of grounds for termination.
6021 (1) In determining whether a parent or parents have abandoned a child, it is prima facie
6022 evidence of abandonment that the parent or parents:
6023 (a) although having legal custody of the child, have surrendered physical custody of the
6024 child, and for a period of six months following the surrender have not manifested to the child
6025 or to the person having the physical custody of the child a firm intention to resume physical
6026 custody or to make arrangements for the care of the child;
6027 (b) have failed to communicate with the child by mail, telephone, or otherwise for six
6028 months;
6029 (c) failed to have shown the normal interest of a natural parent, without just cause; or
6030 (d) have abandoned an infant, as described in Subsection 78A-6-316(1).
6031 (2) In determining whether a parent or parents are unfit or have neglected a child the
6032 court shall consider, but is not limited to, the following circumstances, conduct, or conditions:
6033 (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
6034 parent unable to care for the immediate and continuing physical or emotional needs of the child
6035 for extended periods of time;
6036 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
6037 nature;
6038 (c) habitual or excessive use of intoxicating liquors, controlled substances, or
6039 dangerous drugs that render the parent unable to care for the child;
6040 (d) repeated or continuous failure to provide the child with adequate food, clothing,
6041 shelter, education, or other care necessary for the child's physical, mental, and emotional health
6042 and development by a parent or parents who are capable of providing that care;
6043 (e) whether the parent is incarcerated as a result of conviction of a felony, and the
6044 sentence is of such length that the child will be deprived of a normal home for more than one
6045 year;
6046 (f) a history of violent behavior; or
6047 (g) whether the parent has intentionally exposed the child to pornography or material
6048 harmful to a minor, as defined in Section 76-10-1201.
6049 (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent
6050 because of or otherwise consider the parent's lawful possession or consumption of cannabis in a
6051 medicinal dosage form, a cannabis product, as those terms are defined in Section 26-61a-102 or
6052 a medical cannabis device, in accordance with Title 26, Chapter [
6053 Cannabis Act.
6054 (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
6055 specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
6056 (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
6057 unfit because of a health care decision made for a child by the child's parent unless the state or
6058 other party to the proceeding shows, by clear and convincing evidence, that the health care
6059 decision is not reasonable and informed.
6060 (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
6061 obtain a second health care opinion.
6062 (6) If a child has been placed in the custody of the division and the parent or parents
6063 fail to comply substantially with the terms and conditions of a plan within six months after the
6064 date on which the child was placed or the plan was commenced, whichever occurs later, that
6065 failure to comply is evidence of failure of parental adjustment.
6066 (7) The following circumstances constitute prima facie evidence of unfitness:
6067 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
6068 child, due to known or substantiated abuse or neglect by the parent or parents;
6069 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
6070 indicate the unfitness of the parent to provide adequate care to the extent necessary for the
6071 child's physical, mental, or emotional health and development;
6072 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
6073 of the child;
6074 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
6075 commit murder or manslaughter of a child or child abuse homicide; or
6076 (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
6077 of the child, without legal justification.
6078 Section 139. Repealer.
6079 This bill repeals:
6080 Section 4-41-201, Title.
6081 Section 4-41-202, Definitions.
6082 Section 4-41-203, Department to cultivate cannabis.
6083 Section 4-41-301, Department to establish a state dispensary.
6084 Section 4-41-302, Labeling.
6085 Section 4-41-303, Department to set prices.
6086 Section 4-41-304, Department to make rules regarding purchasers, communication
6087 -- Report.
6088 Section 4-41b-104, Preemption.
6089 Section 4-43-101 (Effective 07/01/19), Title.
6090 Section 4-43-102 (Effective 07/01/19), Definitions.
6091 Section 4-43-201 (Effective 07/01/19), Cannabidiol processor -- Cannabidiol
6092 laboratory -- License -- Renewal.
6093 Section 4-43-202 (Effective 07/01/19), Renewal.
6094 Section 4-43-203 (Effective 07/01/19), Bond required for license.
6095 Section 4-43-301 (Effective 07/01/19), Cannabidiol processor and laboratory
6096 agents.
6097 Section 4-43-401 (Effective 07/01/19), Cannabidiol processor or cannabidiol
6098 laboratory -- General operating requirements.
6099 Section 4-43-402 (Effective 07/01/19), Cannabidiol processor or cannabidiol
6100 laboratory -- Inspection by department.
6101 Section 4-43-501 (Effective 07/01/19), Cannabidiol processor -- Operating
6102 requirements.
6103 Section 4-43-502 (Effective 07/01/19), Cannabidiol product.
6104 Section 4-43-503 (Effective 07/01/19), Cannabidiol medicine -- Labeling and
6105 packaging.
6106 Section 4-43-601 (Effective 07/01/19), Hemp and cannabidiol product testing.
6107 Section 4-43-602 (Effective 07/01/19), Reporting -- Inspections.
6108 Section 4-43-701 (Effective 07/01/19), Enforcement -- Fine -- Citation.
6109 Section 4-43-702 (Effective 07/01/19), Report to the Legislature.
6110 Section 4-43-703 (Effective 07/01/19), Fees -- Deposit into Cannabinoid Product
6111 Restricted Account.
6112 Section 4-43-801 (Effective 07/01/19), Cannabinoid Product Restricted Account --
6113 Creation.
6114 Section 26-60b-104, Preemption.
6115 Section 58-67-808 (Effective 07/01/19), Recommendation of cannabidiol products.
6116 Section 58-68-808 (Effective 07/01/19), Recommendation of cannabidiol products.
6117 Section 58-85-103.5, Right to request a recommendation for a cannabis-based
6118 treatment.
6119 Section 58-88-101 (Effective 07/01/19), Title.
6120 Section 58-88-102 (Effective 07/01/19), Definitions.
6121 Section 58-88-103 (Effective 07/01/19), Cannabidiol-qualified pharmacy
6122 requirements.
6123 Section 58-88-104 (Effective 07/01/19), Division to make rules -- Study.
6124 Section 59-12-104.7 (Repealed 01/01/19), Reporting by purchaser of certain sales
6125 and use tax exempt purchases.
6126 Section 59-12-104.9 (Effective 07/01/19), Exemption from sales tax for cannabinoid
6127 products.
6128 Section 59-29-101 (Effective 07/01/19), Title.
6129 Section 59-29-102 (Effective 07/01/19), Definitions.
6130 Section 59-29-103 (Effective 07/01/19), Imposition of tax -- Rate -- Administration.
6131 Section 59-29-104 (Effective 07/01/19), Collection of tax.
6132 Section 59-29-105 (Effective 07/01/19), Deposit of tax revenue.
6133 Section 59-29-106 (Effective 07/01/19), Records.
6134 Section 59-29-107 (Effective 07/01/19), Rulemaking authority.
6135 Section 59-29-108 (Effective 07/01/19), Penalties and interest.
6136 Section 140. Effective date.
6137 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
6138 elected to each house, this bill takes effect upon approval by the governor, or the day following
6139 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
6140 signature, or in the case of a veto, the date of veto override.
6141 (2) The amendments to Sections 26-65-102 (Effective (07/01/19), 26-65-103 (Effective
6142 07/01/19), 41-6a-517 (Effective 07/01/19), 58-37-3.6 (Effective 07/01/19), and 78A-6-508
6143 (Effective 07/01/19) in this bill take effect on July 1, 2019.
6144 Section 141. Revisor instructions.
6145 The Legislature intends that the Office of Legislative Research and General Counsel, in
6146 preparing the Utah Code database for publication:
6147 (1) in Sections 4-41a-106 and 26-61a-114 replace the language from "this bill" with
6148 the bill's designated chapter number in the Laws of Utah; and
6149 (2) in Sections 4-41a-201, 4-41a-301, 4-41a-401, 26-61a-202, 26-61a-301, 26-61a-401,
6150 26-61a-602, and 26-61a-606, replace the language from "the effective date of this bill" to the
6151 bill's actual effective date.