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