Representative Gregory H. Hughes proposes the following substitute bill:


1     
UTAH MEDICAL CANNABIS ACT

2     
2018 THIRD SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gregory H. Hughes

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill provides for the cultivation, processing, medical recommendation, and patient
10     use of medical cannabis.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     provides for licensing and regulation of a cannabis cultivation facility, a cannabis
15     processing facility, an independent cannabis testing laboratory, and a medical
16     cannabis pharmacy;
17          ▸     provides for security and tracking of medical cannabis and a medical cannabis
18     product from cultivation to use to ensure safety and chemical content;
19          ▸     requires certain labeling and childproof packaging of medical cannabis and a
20     medical cannabis product;
21          ▸     requires the Department of Agriculture and Food, the Department of Health, the
22     Department of Public Safety, and the Department of Technology Services to create
23     an electronic verification system to facilitate recommendation, dispensing, and
24     record-keeping for medical cannabis transactions;
25          ▸     allows physicians, osteopathic physicians, advanced practice registered nurses, and

26     physician assistants to recommend medical cannabis;
27          ▸     allows an individual with a qualifying condition to obtain a medical cannabis
28     patient card on the recommendation of a certain medical professional to gain access
29     to medical cannabis;
30          ▸     allows a patient to designate a caregiver to assist with accessing medical cannabis;
31          ▸     provides for a parent or legal guardian to obtain a medical cannabis guardian card
32     for an eligible minor patient and for the minor patient to concurrently receive a
33     provisional patient card;
34          ▸     provides certain state employment discrimination protection for an individual who
35     lawfully uses medical cannabis;
36          ▸     limits the form and amount of medical cannabis available to a patient at one time;
37          ▸     prohibits a minor from entering a medical cannabis pharmacy;
38          ▸     requires the Department of Health to establish the state central fill medical cannabis
39     pharmacy;
40          ▸     provides for a process of state central fill shipment of medical cannabis and
41     cannabis product to a local health department for patient retrieval;
42          ▸     creates certain enterprise funds;
43          ▸     imposes criminal penalties for improperly giving or selling medical cannabis;
44          ▸     decriminalizes certain conduct for certain individuals before the medical cannabis
45     card program and medical cannabis pharmacies are operational;
46          ▸     creates protections from state prosecution for the lawful possession, use, and sale of
47     medical cannabis;
48          ▸     exempts medical cannabis and medical cannabis products from sales tax;
49          ▸     prohibits a court from considering the lawful use of medical cannabis in a custody
50     proceeding;
51          ▸     repeals superfluous sections related to authorized use of cannabis or a cannabis
52     product;
53          ▸     provides a severability clause;
54          ▸     re-enacts language that the voter initiative repealed by implication through use of
55     outdated code; and
56          ▸     makes technical and conforming changes.

57     Money Appropriated in this Bill:
58          None
59     Other Special Clauses:
60          This bill provides a special effective date.
61          This bill provides revisor instructions.
62     Utah Code Sections Affected:
63     AMENDS:
64          4-41-102, as last amended by Laws of Utah 2018, Chapters 227 and 452
65          7-1-401, as last amended by Laws of Utah 2018, Chapter 446
66          10-9a-104, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
67          17-27a-104, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
68          26-61-202, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018 and last
69     amended by Laws of Utah 2018, Chapter 110
70          26-65-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
71          26-65-103 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
72          30-3-10, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
73          34A-2-418, as last amended by Laws of Utah 2016, Chapter 242
74          41-6a-517 (Superseded 07/01/19), as last amended by Laws of Utah 2017, Chapter 446
75          41-6a-517 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapter 452
76          49-11-1401, as last amended by Laws of Utah 2018, Chapter 61
77          53-1-106.5, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
78          58-17b-302, as last amended by Laws of Utah 2014, Chapter 72
79          58-17b-310, as enacted by Laws of Utah 2004, Chapter 280
80          58-17b-502, as last amended by Laws of Utah 2018, Chapter 295
81          58-31b-305, as last amended by Laws of Utah 2014, Chapter 316
82          58-31b-502, as last amended by Laws of Utah 2016, Chapter 127
83          58-37-3.6 (Superseded 07/01/19), as last amended by Laws of Utah 2018, Chapters
84     333 and 446
85          58-37-3.6 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapters 333,
86     446, and 452
87          58-37-3.7, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018

88          58-37-3.8, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
89          58-37-3.9, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
90          58-37f-203 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapters 123
91     and 452
92          58-67-304, as last amended by Laws of Utah 2018, Chapters 282 and 318
93          58-67-502, as last amended by Laws of Utah 2017, Chapter 299
94          58-68-304, as last amended by Laws of Utah 2018, Chapter 318
95          58-68-502, as last amended by Laws of Utah 2017, Chapter 299
96          58-70a-303, as last amended by Laws of Utah 2001, Chapter 268
97          58-70a-503, as last amended by Laws of Utah 2017, Chapter 309
98          58-85-102, as last amended by Laws of Utah 2018, Chapter 333
99          58-85-104, as last amended by Laws of Utah 2018, Chapter 333
100          58-85-105, as last amended by Laws of Utah 2018, Chapter 333
101          62A-4a-202.1, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
102          63I-1-226, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018 and last
103     amended by Laws of Utah 2018, Chapters 180, 281, 384, 430, and 468
104          63I-1-258, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018 and last
105     amended by Laws of Utah 2018, Chapter 399
106          67-19-33, as last amended by Laws of Utah 2006, Chapter 139
107          78A-6-508 (Superseded 07/01/19), as last amended by Laws of Utah 2014, Chapter
108     409
109          78A-6-508 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapter 452
110     ENACTS:
111          4-41a-104, Utah Code Annotated 1953
112          4-41a-105, Utah Code Annotated 1953
113          4-41a-106, Utah Code Annotated 1953
114          4-41a-405, Utah Code Annotated 1953
115          26-36d-101, Utah Code Annotated 1953
116          26-36d-102, Utah Code Annotated 1953
117          26-36d-103, Utah Code Annotated 1953
118          26-36d-201, Utah Code Annotated 1953

119          26-36d-202, Utah Code Annotated 1953
120          26-36d-203, Utah Code Annotated 1953
121          26-36d-204, Utah Code Annotated 1953
122          26-36d-205, Utah Code Annotated 1953
123          26-36d-206, Utah Code Annotated 1953
124          26-36d-207, Utah Code Annotated 1953
125          26-36d-208, Utah Code Annotated 1953
126          26-61a-108, Utah Code Annotated 1953
127          26-61a-110, Utah Code Annotated 1953
128          26-61a-112, Utah Code Annotated 1953
129          26-61a-113, Utah Code Annotated 1953
130          26-61a-114, Utah Code Annotated 1953
131          26-61a-205, Utah Code Annotated 1953
132          26-61a-403, Utah Code Annotated 1953
133          26-61a-503, Utah Code Annotated 1953
134          26-61a-601, Utah Code Annotated 1953
135          26-61a-602, Utah Code Annotated 1953
136          26-61a-603, Utah Code Annotated 1953
137          26-61a-604, Utah Code Annotated 1953
138          26-61a-605, Utah Code Annotated 1953
139          26-61a-606, Utah Code Annotated 1953
140          26-61a-607, Utah Code Annotated 1953
141          26-61a-608, Utah Code Annotated 1953
142          26-61a-609, Utah Code Annotated 1953
143          26-61a-610, Utah Code Annotated 1953
144          26-61a-611, Utah Code Annotated 1953
145          26-61a-701, Utah Code Annotated 1953
146          58-20b-101, Utah Code Annotated 1953
147          58-20b-102, Utah Code Annotated 1953
148          58-20b-201, Utah Code Annotated 1953
149          58-20b-301, Utah Code Annotated 1953

150          58-20b-302, Utah Code Annotated 1953
151          58-20b-303, Utah Code Annotated 1953
152          58-20b-304, Utah Code Annotated 1953
153          58-20b-305, Utah Code Annotated 1953
154          58-20b-401, Utah Code Annotated 1953
155          58-20b-501, Utah Code Annotated 1953
156          59-12-104.10, Utah Code Annotated 1953
157          62A-3-322, Utah Code Annotated 1953
158     RENUMBERS AND AMENDS:
159          4-41a-101, (Renumbered from 4-41b-101, as enacted by Statewide Initiative --
160     Proposition 2, Nov. 6, 2018)
161          4-41a-102, (Renumbered from 4-41b-102, as enacted by Statewide Initiative --
162     Proposition 2, Nov. 6, 2018)
163          4-41a-103, (Renumbered from 4-41b-103, as enacted by Statewide Initiative --
164     Proposition 2, Nov. 6, 2018)
165          4-41a-201, (Renumbered from 4-41b-201, as enacted by Statewide Initiative --
166     Proposition 2, Nov. 6, 2018)
167          4-41a-202, (Renumbered from 4-41b-302, as enacted by Statewide Initiative --
168     Proposition 2, Nov. 6, 2018)
169          4-41a-203, (Renumbered from 4-41b-202, as enacted by Statewide Initiative --
170     Proposition 2, Nov. 6, 2018)
171          4-41a-204, (Renumbered from 4-41b-203, as enacted by Statewide Initiative --
172     Proposition 2, Nov. 6, 2018)
173          4-41a-205, (Renumbered from 4-41b-204, as enacted by Statewide Initiative --
174     Proposition 2, Nov. 6, 2018)
175          4-41a-301, (Renumbered from 4-41b-301, as enacted by Statewide Initiative --
176     Proposition 2, Nov. 6, 2018)
177          4-41a-302, (Renumbered from 4-41b-303, as enacted by Statewide Initiative --
178     Proposition 2, Nov. 6, 2018)
179          4-41a-401, (Renumbered from 4-41b-401, as enacted by Statewide Initiative --
180     Proposition 2, Nov. 6, 2018)

181          4-41a-402, (Renumbered from 4-41b-402, as enacted by Statewide Initiative --
182     Proposition 2, Nov. 6, 2018)
183          4-41a-403, (Renumbered from 4-41b-403, as enacted by Statewide Initiative --
184     Proposition 2, Nov. 6, 2018)
185          4-41a-404, (Renumbered from 4-41b-404, as enacted by Statewide Initiative --
186     Proposition 2, Nov. 6, 2018)
187          4-41a-406, (Renumbered from 4-41b-405, as enacted by Statewide Initiative --
188     Proposition 2, Nov. 6, 2018)
189          4-41a-501, (Renumbered from 4-41b-501, as enacted by Statewide Initiative --
190     Proposition 2, Nov. 6, 2018)
191          4-41a-502, (Renumbered from 4-41b-502, as enacted by Statewide Initiative --
192     Proposition 2, Nov. 6, 2018)
193          4-41a-601, (Renumbered from 4-41b-601, as enacted by Statewide Initiative --
194     Proposition 2, Nov. 6, 2018)
195          4-41a-602, (Renumbered from 4-41b-602, as enacted by Statewide Initiative --
196     Proposition 2, Nov. 6, 2018)
197          4-41a-603, (Renumbered from 4-41b-603, as enacted by Statewide Initiative --
198     Proposition 2, Nov. 6, 2018)
199          4-41a-701, (Renumbered from 4-41b-701, as enacted by Statewide Initiative --
200     Proposition 2, Nov. 6, 2018)
201          4-41a-702, (Renumbered from 4-41b-702, as enacted by Statewide Initiative --
202     Proposition 2, Nov. 6, 2018)
203          4-41a-801, (Renumbered from 4-41b-801, as enacted by Statewide Initiative --
204     Proposition 2, Nov. 6, 2018)
205          4-41a-802, (Renumbered from 4-41b-802, as enacted by Statewide Initiative --
206     Proposition 2, Nov. 6, 2018)
207          26-61a-101, (Renumbered from 26-60b-101, as enacted by Statewide Initiative --
208     Proposition 2, Nov. 6, 2018)
209          26-61a-102, (Renumbered from 26-60b-102, as enacted by Statewide Initiative --
210     Proposition 2, Nov. 6, 2018)
211          26-61a-103, (Renumbered from 26-60b-103, as enacted by Statewide Initiative --

212     Proposition 2, Nov. 6, 2018)
213          26-61a-104, (Renumbered from 26-60b-105, as enacted by Statewide Initiative --
214     Proposition 2, Nov. 6, 2018)
215          26-61a-105, (Renumbered from 26-60b-106, as enacted by Statewide Initiative --
216     Proposition 2, Nov. 6, 2018)
217          26-61a-106, (Renumbered from 26-60b-107, as enacted by Statewide Initiative --
218     Proposition 2, Nov. 6, 2018)
219          26-61a-107, (Renumbered from 26-60b-108, as enacted by Statewide Initiative --
220     Proposition 2, Nov. 6, 2018)
221          26-61a-109, (Renumbered from 26-60b-109, as enacted by Statewide Initiative --
222     Proposition 2, Nov. 6, 2018)
223          26-61a-111, (Renumbered from 26-60b-110, as enacted by Statewide Initiative --
224     Proposition 2, Nov. 6, 2018)
225          26-61a-201, (Renumbered from 26-60b-201, as enacted by Statewide Initiative --
226     Proposition 2, Nov. 6, 2018)
227          26-61a-202, (Renumbered from 26-60b-202, as enacted by Statewide Initiative --
228     Proposition 2, Nov. 6, 2018)
229          26-61a-203, (Renumbered from 26-60b-203, as enacted by Statewide Initiative --
230     Proposition 2, Nov. 6, 2018)
231          26-61a-204, (Renumbered from 26-60b-204, as enacted by Statewide Initiative --
232     Proposition 2, Nov. 6, 2018)
233          26-61a-301, (Renumbered from 26-60b-301, as enacted by Statewide Initiative --
234     Proposition 2, Nov. 6, 2018)
235          26-61a-302, (Renumbered from 26-60b-402, as enacted by Statewide Initiative --
236     Proposition 2, Nov. 6, 2018)
237          26-61a-303, (Renumbered from 26-60b-302, as enacted by Statewide Initiative --
238     Proposition 2, Nov. 6, 2018)
239          26-61a-304, (Renumbered from 26-60b-303, as enacted by Statewide Initiative --
240     Proposition 2, Nov. 6, 2018)
241          26-61a-305, (Renumbered from 26-60b-304, as enacted by Statewide Initiative --
242     Proposition 2, Nov. 6, 2018)

243          26-61a-401, (Renumbered from 26-60b-401, as enacted by Statewide Initiative --
244     Proposition 2, Nov. 6, 2018)
245          26-61a-402, (Renumbered from 26-60b-403, as enacted by Statewide Initiative --
246     Proposition 2, Nov. 6, 2018)
247          26-61a-501, (Renumbered from 26-60b-501, as enacted by Statewide Initiative --
248     Proposition 2, Nov. 6, 2018)
249          26-61a-502, (Renumbered from 26-60b-502, as enacted by Statewide Initiative --
250     Proposition 2, Nov. 6, 2018)
251          26-61a-504, (Renumbered from 26-60b-503, as enacted by Statewide Initiative --
252     Proposition 2, Nov. 6, 2018)
253          26-61a-505, (Renumbered from 26-60b-504, as enacted by Statewide Initiative --
254     Proposition 2, Nov. 6, 2018)
255          26-61a-506, (Renumbered from 26-60b-505, as enacted by Statewide Initiative --
256     Proposition 2, Nov. 6, 2018)
257          26-61a-507, (Renumbered from 26-60b-506, as enacted by Statewide Initiative --
258     Proposition 2, Nov. 6, 2018)
259          26-61a-702, (Renumbered from 26-60b-601, as enacted by Statewide Initiative --
260     Proposition 2, Nov. 6, 2018)
261          26-61a-703, (Renumbered from 26-60b-602, as enacted by Statewide Initiative --
262     Proposition 2, Nov. 6, 2018)
263     REPEALS:
264          4-41-201, as enacted by Laws of Utah 2018, Chapter 446
265          4-41-202, as enacted by Laws of Utah 2018, Chapter 446
266          4-41-203, as enacted by Laws of Utah 2018, Chapter 446
267          4-41-301, as enacted by Laws of Utah 2018, Chapter 446
268          4-41-302, as enacted by Laws of Utah 2018, Chapter 446
269          4-41-303, as enacted by Laws of Utah 2018, Chapter 446
270          4-41-304, as enacted by Laws of Utah 2018, Chapter 446
271          4-41b-104, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
272          4-43-101 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
273          4-43-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452

274          4-43-201 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
275          4-43-202 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
276          4-43-203 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
277          4-43-301 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
278          4-43-401 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
279          4-43-402 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
280          4-43-501 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
281          4-43-502 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
282          4-43-503 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
283          4-43-601 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
284          4-43-602 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
285          4-43-701 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
286          4-43-702 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
287          4-43-703 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
288          4-43-801 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
289          26-60b-104, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
290          58-67-808 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
291          58-68-808 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
292          58-85-103.5, as enacted by Laws of Utah 2018, Chapter 333
293          58-88-101 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
294          58-88-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
295          58-88-103 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
296          58-88-104 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
297          59-12-104.7 (Repealed 01/01/19), as repealed by Laws of Utah 2018, Second Special
298     Session, Chapter 6
299          59-12-104.9 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
300          59-29-101 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
301          59-29-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
302          59-29-103 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
303          59-29-104 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
304          59-29-105 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452

305          59-29-106 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
306          59-29-107 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
307          59-29-108 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452
308     Utah Code Sections Affected by Revisor Instructions:
309          4-41a-106, Utah Code Annotated 1953
310          4-41a-201, Utah Code Annotated 1953
311          4-41a-301, (Renumbered from 4-41b-301, as enacted by Statewide Initiative --
312     Proposition 2, Nov. 6, 2018)
313          4-41a-401, (Renumbered from 4-41b-401, as enacted by Statewide Initiative --
314     Proposition 2, Nov. 6, 2018)
315          26-61a-114, Utah Code Annotated 1953
316          26-61a-202, (Renumbered from 26-60b-202, as enacted by Statewide Initiative --
317     Proposition 2, Nov. 6, 2018)
318          26-61a-301, (Renumbered from 26-60b-301, as enacted by Statewide Initiative --
319     Proposition 2, Nov. 6, 2018)
320          26-61a-401, (Renumbered from 26-60b-401, as enacted by Statewide Initiative --
321     Proposition 2, Nov. 6, 2018)
322          26-61a-602, Utah Code Annotated 1953
323          26-61a-606, Utah Code Annotated 1953
324     

325     Be it enacted by the Legislature of the state of Utah:
326          Section 1. Section 4-41-102 is amended to read:
327          4-41-102. Definitions.
328          [For purposes of] As used in this chapter:
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 [before processing and
335     no more than a 10:1 ratio of cannabidiol to tetrahydrocannabinol after processing].

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 [the same as that term is defined in Section
348     26-65-102.]:
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     
CHAPTER 41a. CANNABIS PRODUCTION ESTABLISHMENTS

369     
Part 1. General Provisions.

370          [4-41b-101].      4-41a-101. Title.
371          [(1)] This chapter is known as "Cannabis Production Establishments."
372          Section 3. Section 4-41a-102, which is renumbered from Section 4-41b-102 is
373     renumbered and amended to read:
374          [4-41b-102].      4-41a-102. Definitions.
375          As used in this chapter:
376          (1) "Cannabis" means the same as that term is defined in Section [58-37-3.9]
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 [production establishments]
382     cultivation facility or to a cannabis [dispensaries] processing facility.
383          (3) "Cannabis cultivation facility agent" means an individual who:
384          (a) is an [owner, officer, director, board member,] employee[, or volunteer] of a
385     cannabis cultivation facility[.]; and
386          (b) holds a valid cannabis production establishment agent registration card.
387          [(4) "Cannabis dispensary" means the same as that term is defined in Section
388     26-60b-102.]
389          [(5) "Cannabis dispensary agent" means the same as that term is defined in Section
390     26-60b-102.]
391          [(6)] (4) "Cannabis processing facility" means a person that:
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 [dispensary]
399     pharmacy or the state central fill medical cannabis pharmacy.
400          [(7)] (5) "Cannabis processing facility agent" means an individual who:
401          (a) is an [owner, officer, director, board member,] employee[, or volunteer] of a
402     cannabis processing facility[.]; and
403          (b) holds a valid cannabis production establishment agent registration card.
404          [(8)] (6) "Cannabis product" means the same as that term is defined in Section
405     [58-37-3.9] 26-61a-102.
406          [(9)] (7) "Cannabis production establishment" means a cannabis cultivation facility, a
407     cannabis processing facility, or an independent cannabis testing laboratory.
408          [(10)] (8) "Cannabis production establishment agent" means a cannabis cultivation
409     facility agent, a cannabis processing facility agent, or an independent cannabis testing
410     laboratory agent.
411          [(11)] (9) "Cannabis production establishment agent registration card" means a
412     registration card[, issued by] that the department[,] issues that:
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          [(12)] (10) "Community location" means a public or private school, a church, a public
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 [owner, officer, director, board member,] employee[, or volunteer] of an
428     independent cannabis testing laboratory[.]; and

429          (b) holds a valid cannabis production establishment agent registration card.
430          (15) "Inventory control system" means [the] a system described in Section [4-41b-103]
431     4-41a-103.
432          (16) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
433          [(16)] (17) "Medical cannabis card" means the same as that term is defined in Section
434     [26-60b-102] 26-61a-102.
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          [(17) "Medical Cannabis Restricted Account" means the account created in Section
440     26-60b-109.]
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          [(18) "Physician"] (22) "Qualified medical provider" means the same as that term is
446     defined in Section [26-60b-107] 26-61a-102.
447          (23) "Qualified Production Enterprise Fund" means the fund created in Section
448     4-41a-104.
449          (24) "State central fill agent" means the same as that term is defined in Section
450     26-61a-102.
451          (25) "State central fill medical cannabis pharmacy" means the same as that term is
452     defined in Section 26-61a-102.
453          (26) "State central fill shipment" means the same as that term is defined in Section
454     26-61a-102.
455          [(19)] (27) "State electronic verification system" means the system described in Section
456     [26-60b-103] 26-61a-103.
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          [4-41b-103].      4-41a-103. Inventory control system.
464          (1) [A] Each cannabis production establishment [and a], each medical cannabis
465     [dispensary] pharmacy, and the state central fill medical cannabis pharmacy shall maintain an
466     inventory control system that meets the requirements of this section.
467          (2) [An] A cannabis production establishment, a medical cannabis pharmacy, and the
468     state central fill medical cannabis pharmacy shall ensure that the inventory control system
469     [shall track] maintained by the establishment or pharmacy:
470          (a) tracks cannabis using a unique identifier, in real time, from the point that a cannabis
471     plant is eight inches tall[,] and has a root ball[,] until the cannabis is disposed of or sold, in the
472     form of unprocessed cannabis or a cannabis product, to an individual with a medical cannabis
473     card[. (3) An inventory control system shall store];
474          (b) maintains in real time a record of the amount of cannabis and cannabis products in
475     the [cannabis production establishment's or cannabis dispensary's] possession[. (4) An
476     inventory control system shall include] of the establishment or pharmacy;
477          (c) includes a video recording system that:
478          [(a)] (i) tracks all handling and processing of cannabis or a cannabis product in the
479     [cannabis production] establishment or [cannabis dispensary] pharmacy;
480          [(b)] (ii) is tamper proof; [and (c) is capable of storing]
481          (iii) stores a video record for at least 45 days[. (5) An inventory control system
482     installed in a cannabis production establishment or cannabis dispensary shall maintain]; and
483          (d) preserves compatibility with the state electronic verification system described in
484     Section 26-61a-103.
485          [(6)] (3) A cannabis production establishment [or], a medical cannabis [dispensary]
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 [or], medical
488     cannabis [dispensary's] pharmacy's, or state central fill medical cannabis pharmacy's inventory
489     control system [during an inspection] at any time.
490          [(7)] (4) The department may establish compatibility standards for an inventory control

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     
Part 2. Cannabis Production Establishment

554          [4-41b-201].      4-41a-201. Cannabis production establishment -- License.
555          (1) A person may not operate a cannabis production establishment without a license
556     [issued by] that the department issues under this chapter.
557          (2) (a) Subject to Subsections (6) [and], (7), and (8), and to Section [4-41b-204]
558     4-41a-205, the department shall, [within 90 days after receiving a complete application] in
559     accordance with Title 63G, Chapter 6a, Utah Procurement Code, issue a license to operate a
560     cannabis production establishment to [a person who] an applicant who is eligible for a license
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          [(a)] (i) a proposed name and address, located in a zone described in Subsection
565     4-41a-406(1)(a) or (b), where the [person] applicant will operate the cannabis production
566     establishment that is not within [600] 1,000 feet of a community location or within [300] 600
567     feet of an area zoned [exclusively] primarily for residential use, as measured from the nearest
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          [(b)] (ii) the name and address of any individual who has:
573          (A) a financial or voting interest of [two percent] 2% or greater in the proposed
574     cannabis production establishment; or [who has]
575          (B) the power to direct or cause the management or control of a proposed [medical]
576     cannabis production establishment;
577          [(c)] (iii) an operating plan that:
578          (A) complies with Section [4-41b-203 and that] 4-41a-204;
579          (B) includes operating procedures [to] that comply with [the requirements of] this
580     chapter and [with] any [laws adopted by] law the municipality or county [that are] in which the
581     person is located adopts that is consistent with Section [4-41b-405] 4-41a-406; and
582          (C) the department approves;
583          [(d)] (iv) [financial statements demonstrating that the person possesses a minimum of]

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) [$500,000 in liquid assets available] $250,000 for each cannabis cultivation facility
587     for which the [person] applicant applies; or [a minimum of $100,000]
588          (B) [in liquid assets available] $50,000 for each cannabis processing facility or
589     independent cannabis testing laboratory for which the [person] applicant applies;
590          [(e) if the municipality or county where the proposed cannabis production
591     establishment would be located has enacted zoning restrictions, a sworn statement certifying
592     that the proposed cannabis production establishment is in compliance with the restrictions;]
593          [(f)] (v) if the municipality or county where the proposed cannabis production
594     establishment would be located requires a local land use permit [or license], a copy of the
595     applicant's approved application for the local land use permit [or license]; and
596          [(g)] (vi) an application fee [established by] in an amount that, subject to Subsection
597     4-41a-104(5), the department sets in accordance with Section 63J-1-504[, that is necessary to
598     cover the department's cost to implement this chapter].
599          (3) If the department [determines that a cannabis production establishment is eligible]
600     approves an application for a license under this section[,]:
601          (a) the applicant shall pay the department [shall charge the cannabis establishment] an
602     initial license fee in an amount [determined by] that, subject to Subsection 4-41a-104(5), the
603     department sets in accordance with Section 63J-1-504[.]; and
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 [(5)] (4)(b), the department shall require a
607     separate license for each type of cannabis production establishment and each location of a
608     cannabis production establishment.
609          [(5)] (b) The department may issue a cannabis cultivation facility license and a
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) [that] holds a license or has an ownership interest in a medical cannabis
618     [dispensary] pharmacy, a cannabis processing facility, or a cannabis cultivation facility [in the
619     state];
620          (b) [that] has an owner, officer, director, or employee whose [immediate] family
621     member holds a license or has an ownership interest in a medical cannabis [dispensary]
622     pharmacy, a cannabis processing facility, or a cannabis cultivation facility; or
623          (c) [who] proposes to operate the independent cannabis testing laboratory at the same
624     physical location as a medical cannabis [dispensary] pharmacy, a cannabis processing facility,
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 [who has a financial or voting interest of two
628     percent or greater in the applicant or who has the power to direct or cause the management or
629     control of the applicant] described in Subsection (2)(b)(ii):
630          (a) has been convicted [of an offense that is a felony] under [either] state or federal
631     law[; or] of:
632          (i) a felony; or
633          (ii) after the effective date of this bill, a misdemeanor for drug distribution; or
634          (b) is [less] younger than 21 years [of age] old.
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          [(8)] (9) The department may revoke a license under this part:
643          (a) if the cannabis production establishment [is] does not [operating] begin cannabis
644     production operations within one year [of the issuance of] after the day on which the
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          [(9)] (10) The department shall deposit the proceeds of a fee [imposed by] that the
653     department imposes under this section [in] into the [Medical Cannabis Restricted Account]
654     Qualified Production Enterprise Fund.
655          [(10)] (11) The department shall begin accepting applications under this part [no later
656     than] on or before January 1, 2020.
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          [4-41b-302].      4-41a-202. Cannabis production establishment owners and
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 [two percent] 2% or greater in the applicant or who has the power to direct or cause
666     the management or control of the applicant:
667          (a) a fingerprint card in a form acceptable to the [department; and] Department of
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          [(b)] (c) consent to a fingerprint background check by:
673          (i) the Utah Bureau of Criminal Identification; and
674          (ii) the Federal Bureau of Investigation.
675          [(2) The department shall request that the Department of Public Safety complete a
676     Federal Bureau of Investigation criminal background check for the individual described in

677     Subsection (1).]
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          [4-41b-202].      4-41a-203. Renewal.
702          [(1)] The department shall renew a [person's] license issued under Section [4-41b-201]
703     4-41a-201 every [two years,] year if, at the time of renewal:
704          [(a)] (1) the [person] licensee meets the requirements of Section [4-41b-201]
705     4-41a-201; [and]
706          [(b)] (2) the [person] licensee pays the department a license renewal fee in an amount
707     [determined by] that, subject to Subsection 4-41a-104(5), the department sets in accordance

708     with Section 63J-1-504[.]; and
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          [4-41b-203].      4-41a-204. Operating plan.
715          (1) A person applying for a cannabis production [facility] establishment license or
716     license renewal shall submit to the department for the department's review a proposed
717     [operation] operating plan that complies with this section and that includes:
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, [or] and owner of the proposed cannabis production
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 [plan to make] description of how the inventory control system is compatible with
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          [(f)] (g) for a cannabis cultivation facility, the information described in Subsection (2);
732          [(g)] (h) for a cannabis processing facility, the information described in Subsection (3);
733     and
734          [(h)] (i) for an independent cannabis testing laboratory, the information described in
735     Subsection (4).
736          (2) (a) A cannabis cultivation facility shall ensure that the facility's operating plan
737     [shall include the cannabis cultivation] includes the facility's intended:
738          (i) cannabis cultivation practices, including the [cannabis cultivation] facility's

739     intended pesticide use[,] and fertilizer use[,]; and
740          (ii) subject to Subsection (2)(b), acreage or square footage under cultivation[,] and
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 [cannabis
760     processing] facility's intended cannabis processing practices, including the cannabis processing
761     facility's intended [offered variety of cannabis product, cannabinoid extraction method,
762     cannabinoid extraction equipment, processing equipment, processing techniques, and sanitation
763     and food safety procedures.]:
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     [independent cannabis testing] laboratory's intended:
772          (a) cannabis and cannabis product testing capability [and];
773          (b) cannabis and cannabis product testing equipment[.]; and
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          [4-41b-204].      4-41a-205. Number of licenses -- Cannabis cultivation
779     facilities.
780          (1) Except as [otherwise] provided in Subsection [(2)] (2)(a), the department may not
781     issue [not] more than [15] 10 licenses to operate a cannabis cultivation [facilities] facility.
782          (2) (a) [After January 1, 2022, the] The department may issue [additional] up to five
783     licenses to operate a cannabis cultivation [facilities] facility in addition to the 10 licenses
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 [medical] cannabis in a medicinal dosage form and [medical] cannabis products in a
787     medicinal dosage form, that each additional [licenses are needed] license is necessary to
788     provide an adequate supply, quality, or variety of [medical] cannabis in a medicinal dosage
789     form and [medical] cannabis products in a medicinal dosage form to medical cannabis [card
790     holders in Utah] cardholders.
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 [there are] the number of available
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[,]; and

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 [for patients] in a medicinal dosage form.
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     
Part 3. Cannabis Production Establishments Agents

812          [4-41b-301].      4-41a-301. Cannabis production establishment agent --
813     Registration.
814          (1) An individual may not act as a cannabis production establishment agent unless the
815     department registers the individual [is registered by the department] as a cannabis production
816     establishment agent.
817          (2) [A physician] The following individuals, regardless of the individual's status as a
818     qualified medical provider, may not serve as a cannabis production establishment agent[.], have
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 [dispensary] pharmacy, the state central fill medical cannabis pharmacy, a
829     cannabis processing facility, or a cannabis cultivation facility.
830          (4) (a) The department shall, within 15 business days after [receiving] the day on which
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 [an individual who] the prospective agent if
834     the cannabis production establishment:
835          [(a)] (i) provides to the department:
836          (A) the [individual's] prospective agent's name and address [and];
837          (B) the name and location of a licensed cannabis production establishment where the
838     [individual] prospective agent will act as the cannabis production establishment's agent; and
839          (C) the submission required under Subsection (4)(b); and
840          [(b)] (ii) pays a fee to the department[,] in an amount [determined by] that, subject to
841     Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504[, that is
842     necessary to cover the department's cost to implement this part].
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 [developed by] that the department develops; or
881          (b) [with a third party] a third-party certification standard [designated by] that the
882     department designates by rule [made], in accordance with Title 63G, Chapter 3, Utah
883     Administrative Rulemaking Act.
884          (7) The department shall ensure that the certification standard described in Subsection
885     (6) [shall include] includes training:
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, [food]
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) [The department may revoke or refuse to issue the] For an individual who holds or

894     applies for a cannabis production establishment agent registration card [of an individual who]:
895          (a) the department may revoke or refuse to issue the card if the individual violates the
896     requirements of this chapter; [or] and
897          (b) the department shall revoke or refuse to issue the card if the individual is convicted
898     [of an offense that is a felony] under state or federal law of:
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          [4-41b-303].      4-41a-302. Cannabis production establishment agent
917     registration card -- Rebuttable presumption.
918          (1) A cannabis production establishment agent [who is registered with] whom the
919     department registers under Section [4-41b-301] 4-41a-301 shall carry the individual's cannabis
920     production establishment agent registration card with the [individual] agent at all times when:
921          (a) the [individual] agent is on the premises of a cannabis production establishment
922     where the [individual] agent is [a cannabis production establishment agent] registered; [and]
923          (b) the [individual] agent is transporting cannabis in a medicinal dosage form, a
924     cannabis product in a medicinal dosage form, or a medical cannabis device between:

925          (i) two cannabis production establishments; or [between]
926          (ii) a cannabis production establishment and:
927          (A) a medical cannabis [dispensary] pharmacy; or
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 [an individual] a cannabis processing facility agent possesses cannabis in a
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, [a] cannabis product, or [a] medical cannabis device [at a cannabis production
937     establishment, or transporting cannabis, a cannabis product, or a medical cannabis device,
938     possesses the cannabis, cannabis product, or medical cannabis device] in compliance with
939     Subsection (1):
940          (a) there is a rebuttable presumption that the [individual] agent possesses the cannabis,
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     [individual's] agent's possession of the cannabis in medicinal dosage form, cannabis product in
944     medicinal dosage form, or medical cannabis device in compliance with Subsection (1), to
945     believe that the individual is engaging in illegal activity.
946          (3) (a) [An individual] A cannabis production establishment agent who [violates] fails
947     to carry the agent's cannabis production establishment agent registration card in accordance
948     with Subsection (1) is:
949          (i) for a first or second offense in a two-year period:
950          [(a)] (A) guilty of an infraction; and
951          [(b)] (B) [is] subject to a $100 fine[.]; or
952          (ii) for a third or subsequent offense in a two-year period:
953          (A) guilty of a class C misdemeanor; and
954          (B) subject to a $750 fine.
955          (b) (i) The prosecuting entity shall notify the department and the relevant cannabis

956     production establishment of each conviction under Subsection (3)(a).
957          (ii) For each violation described in Subsection (3)(a)(ii), the department may assess the
958     relevant cannabis production establishment a fine of up to $5,000, in accordance with a fine
959     schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
960     Administrative Rulemaking Act.
961          (c) An individual who is guilty of a violation described in Subsection (3)(a) is not
962     guilty for a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
963     underlying the violation described in Subsection (3)(a).
964          Section 15. Section 4-41a-401, which is renumbered from Section 4-41b-401 is
965     renumbered and amended to read:
966     
Part 4. General Cannabis Production Establishment Operating Requirements

967          [4-41b-401].      4-41a-401. Cannabis production establishment -- General
968     operating requirements.
969          (1) (a) A cannabis production establishment shall operate in accordance with the
970     operating plan [provided to the department under Section 4-41b-203] described in Sections
971     4-41a-201 and 4-41a-204.
972          (b) A cannabis production establishment shall notify the department before a change in
973     the cannabis production establishment's operating plan.
974          (c) (i) If a cannabis production establishment changes the cannabis production
975     establishment's operating plan, the establishment shall ensure that the new operating plan
976     complies with this chapter.
977          (ii) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
978     Utah Administrative Rulemaking Act, a process to:
979          (A) review a change notification described in Subsection (1)(b);
980          (B) identify for the cannabis production establishment each point of noncompliance
981     between the new operating plan and this chapter;
982          (C) provide an opportunity for the cannabis production establishment to address each
983     identified point of noncompliance; and
984          (D) suspend or revoke a license if the cannabis production establishment fails to cure
985     the noncompliance.
986          (2) A cannabis production establishment shall operate:

987          (a) except as provided in Subsection (5), in a facility that is accessible only by an
988     individual with a valid cannabis production establishment agent registration card issued under
989     Section [4-41b-301] 4-41a-301; and
990          (b) at the physical address provided to the department under Section [4-41b-201]
991     4-41a-201.
992          (3) A cannabis production establishment may not employ [any person] an individual
993     who is younger than 21 years [of age] old.
994          (4) A cannabis production establishment [shall conduct a background check into the
995     criminal history of every person who will become an agent of the cannabis production
996     establishment and] may not employ [any person] an individual who has been convicted, [of an
997     offense that is a felony] under [either] state or federal law[.], of:
998          (a) a felony; or
999          (b) after the effective date of this bill, a misdemeanor for drug distribution.
1000          (5) A cannabis production establishment may authorize an individual who is at least 18
1001     years old and is not a cannabis production establishment agent to access the cannabis
1002     production establishment if the cannabis production establishment:
1003          (a) tracks and monitors the individual at all times while the individual is at the
1004     cannabis production establishment; and
1005          (b) maintains a record of the individual's access, including arrival and departure.
1006          (6) A cannabis production establishment shall operate in a facility that has:
1007          (a) a single, secure public entrance;
1008          (b) a security system with a backup power source that:
1009          (i) detects and records entry into the cannabis production establishment; and
1010          (ii) provides notice of an unauthorized entry to law enforcement when the cannabis
1011     production establishment is closed; and
1012          (c) a lock or equivalent restrictive security feature on any area where the cannabis
1013     production establishment stores cannabis or a cannabis product.
1014          Section 16. Section 4-41a-402, which is renumbered from Section 4-41b-402 is
1015     renumbered and amended to read:
1016          [4-41b-402].      4-41a-402. Inspections.
1017          (1) The department may inspect the records and facility of a cannabis production

1018     establishment at any time [in order] during business hours to determine if the cannabis
1019     production establishment complies with [the requirements of] this chapter.
1020          (2) (a) An inspection under this section may include:
1021          (i) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
1022     physical or electronic information;
1023          (ii) questioning of any relevant individual;
1024          (iii) observation of an independent cannabis testing laboratory's methods, standards,
1025     practices, and procedures;
1026          (iv) the taking of a specimen of cannabis or cannabis products sufficient for testing
1027     purposes; or
1028          (v) inspection of equipment, an instrument, a tool, or machinery, including a container
1029     or label.
1030          (b) Notwithstanding Section 4-41a-404, an authorized department employee may
1031     possess and transport a specimen of cannabis or cannabis products for testing described in
1032     Subsection (2)(a).
1033          (3) In making an inspection under this section, the department may freely access any
1034     area and review and make copies of a book, record, paper, document, data, or other physical or
1035     electronic information, including financial data, sales data, shipping data, pricing data, and
1036     employee data.
1037          (4) Failure to provide the department or the department's authorized agents immediate
1038     access to records and facilities during business hours in accordance with this section may result
1039     in:
1040          (a) the imposition of a civil monetary penalty that the department sets in accordance
1041     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1042          (b) license or registration suspension or revocation; or
1043          (c) an immediate cessation of operations under a cease and desist order that the
1044     department issues.
1045          Section 17. Section 4-41a-403, which is renumbered from Section 4-41b-403 is
1046     renumbered and amended to read:
1047          [4-41b-403].      4-41a-403. Advertising.
1048          (1) A cannabis production establishment may not advertise to the general public in any

1049     medium.
1050          (2) Notwithstanding Subsection (1), a cannabis production establishment may advertise
1051     an employment [opportunities] opportunity at the cannabis production facility.
1052          Section 18. Section 4-41a-404, which is renumbered from Section 4-41b-404 is
1053     renumbered and amended to read:
1054          [4-41b-404].      4-41a-404. Cannabis, cannabis product, or medical cannabis
1055     device transportation.
1056          (1) [Except for an individual with a valid medical cannabis card pursuant to Title 26,
1057     Chapter 60b, Medical Cannabis Act, an individual]
1058          (a) Only the following individuals may [not] transport cannabis in a medicinal dosage
1059     form, a cannabis product in a medicinal dosage form, or a medical cannabis device [unless the
1060     individual is] under this chapter:
1061          [(a)] (i) a registered cannabis production establishment agent; or
1062          [(b)] (ii) [a registered cannabis dispensary agent.] a medical cannabis cardholder who is
1063     transporting a medical cannabis treatment that the cardholder is authorized to possess under
1064     this chapter.
1065          (b) Only an agent of a cannabis cultivating facility, when the agent is transporting
1066     cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory,
1067     may transport unprocessed cannabis outside of a medicinal dosage form.
1068          (2) Except for an individual with a valid medical cannabis card [pursuant to] under
1069     Title 26, Chapter [60b] 61a, Utah Medical Cannabis Act, [an individual] who is transporting
1070     [cannabis, a cannabis product, or] a medical cannabis [device] treatment shall possess a
1071     transportation manifest that:
1072          (a) includes a unique identifier that links the cannabis, cannabis product, or medical
1073     cannabis device to a relevant inventory control system;
1074          (b) includes origin and destination information for any cannabis, cannabis product, or
1075     medical cannabis device that the individual is transporting; and
1076          (c) [indicates] identifies the departure and arrival times and locations of the individual
1077     transporting the cannabis, cannabis product, or medical cannabis device.
1078          (3) (a) In addition to the requirements in Subsections (1) and (2), the department may
1079     establish[,] by rule [made], in accordance with Title 63G, Chapter 3, Utah Administrative

1080     Rulemaking Act, requirements for transporting cannabis in a medicinal dosage form, a
1081     cannabis product in a medicinal dosage form, or a medical cannabis device to ensure that [are
1082     related to safety for human] the cannabis [or], cannabis product [consumption.], or medical
1083     cannabis device remains safe for human consumption.
1084          (b) The transportation described in Subsection (3)(a) is limited to transportation:
1085          (i) between a cannabis cultivation facility and:
1086          (A) another cannabis cultivation facility; or
1087          (B) a cannabis processing facility; and
1088          (ii) between a cannabis processing facility and:
1089          (A) another cannabis processing facility;
1090          (B) an independent cannabis testing laboratory; or
1091          (C) a medical cannabis pharmacy.
1092          (4) (a) [An individual who transports cannabis, a cannabis product, or a medical
1093     cannabis device] It is unlawful for a registered cannabis production establishment agent to
1094     make a transport described in this section with a manifest that does not meet the requirements
1095     of this section [is:].
1096          (b) Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is:
1097          [(a)] (i) guilty of an infraction; and
1098          [(b)] (ii) subject to a $100 fine.
1099          (c) An individual who is guilty of a violation described in Subsection (4)(b) is not
1100     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1101     underlying the violation described in Subsection (4)(b).
1102          (d) If the agent described in Subsection (4)(a) is transporting more cannabis, cannabis
1103     product, or medical cannabis devices than the manifest identifies, except for a de minimis
1104     administrative error:
1105          (i) the penalty described in Subsection (4)(b) does not apply; and
1106          (ii) the agent is subject to penalties under Title 58, Chapter 37, Utah Controlled
1107     Substances Act.
1108          (5) Nothing in this section prevents the department from taking administrative
1109     enforcement action against a cannabis production establishment or another person for failing to
1110     make a transport in compliance with the requirements of this section.

1111          Section 19. Section 4-41a-405 is enacted to read:
1112          4-41a-405. Excess and disposal.
1113          (1) As used in this section, "medical cannabis waste" means waste and unused material
1114     from the cultivation and production of medical cannabis.
1115          (2) A cannabis production establishment shall:
1116          (a) render medical cannabis waste unusable and unrecognizable before transporting the
1117     medical cannabis waste from the cannabis production establishment; and
1118          (b) dispose of medical cannabis waste in accordance with:
1119          (i) federal and state laws, rules, and regulations related to hazardous waste;
1120          (ii) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
1121          (iii) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
1122          (iv) other regulations that the department makes in accordance with Title 63G, Chapter
1123     3, Utah Administrative Rulemaking Act.
1124          (3) An individual may not transport or dispose of medical cannabis waste other than as
1125     provided in this section.
1126          Section 20. Section 4-41a-406, which is renumbered from Section 4-41b-405 is
1127     renumbered and amended to read:
1128          [4-41b-405].      4-41a-406. Local control.
1129          (1) [A municipality or county may not enact a zoning ordinance that prohibits a
1130     cannabis production establishment from operating in a location within the municipality's or
1131     county's jurisdiction on the sole basis that the cannabis production establishment possesses,
1132     grows, manufactures, or sells cannabis.]
1133          (a) If a municipality's or county's zoning ordinances provide for an industrial zone, the
1134     municipality or county shall ensure that the ordinances allow for cannabis production
1135     establishments in at least one type of industrial zone.
1136          (b) If a municipality's or county's zoning ordinances provide for an agricultural zone,
1137     the municipality or county shall ensure that the ordinances allow for cannabis production
1138     establishments in at least one type of agricultural zone.
1139          (2) (a) A municipality or county may not deny or revoke a land use permit [or license]
1140     to operate a cannabis production facility on the sole basis that the applicant or cannabis
1141     production establishment violates [a] federal law [of] regarding the [United States] legal status

1142     of cannabis.
1143          (b) A municipality or county may not deny or revoke a business license to operate a
1144     cannabis production facility on the sole basis that the applicant or cannabis production
1145     establishment violates federal law regarding the legal status of cannabis.
1146          Section 21. Section 4-41a-501, which is renumbered from Section 4-41b-501 is
1147     renumbered and amended to read:
1148     
Part 5. Cannabis Cultivation Facility Operating Requirements.

1149          [4-41b-501].      4-41a-501. Cannabis cultivation facility -- Operating
1150     requirements.
1151          (1) A cannabis cultivation facility shall ensure that any cannabis growing at the
1152     cannabis cultivation facility is not visible [at] from the ground level of the cannabis cultivation
1153     facility perimeter.
1154          (2) A cannabis cultivation facility shall use a unique identifier that is connected to the
1155     cannabis cultivation facility's inventory control system [for] to identify:
1156          (a) beginning at the time a cannabis plant is [8] eight inches tall and has a root ball,
1157     each cannabis plant;
1158          (b) each unique harvest of cannabis plants;
1159          (c) each batch of cannabis [transferred] the facility transfers to a medical cannabis
1160     [dispensary] pharmacy, the state central fill medical cannabis pharmacy, a cannabis processing
1161     facility, or an independent cannabis testing laboratory; and
1162          (d) [disposal of] any excess, contaminated, or deteriorated cannabis of which the
1163     cannabis cultivation facility disposes.
1164          Section 22. Section 4-41a-502, which is renumbered from Section 4-41b-502 is
1165     renumbered and amended to read:
1166          [4-41b-502].      4-41a-502. Cannabis -- Labeling and child-resistant
1167     packaging.
1168          For any cannabis that a cannabis cultivation facility cultivates or otherwise produces
1169     and subsequently ships to another cannabis production establishment, the facility shall:
1170          (1) [Cannabis shall have a] label the cannabis with a label that[: (a)] has a unique batch
1171     identification number that is connected to the inventory control system; and [(b) does not
1172     display images, words, or phrases that are intended to appeal to children. (2) A cannabis

1173     cultivation facility shall]
1174          (2) package the cannabis in a container that is:
1175          (a) [is] tamper evident; and
1176          (b) [is] not appealing to children. [or similar to a candy container;]
1177          [(c) is opaque; and]
1178          [(d) complies with child-resistant effectiveness standards established by the United
1179     States Consumer Product Safety Commission.]
1180          Section 23. Section 4-41a-601, which is renumbered from Section 4-41b-601 is
1181     renumbered and amended to read:
1182     
Part 6. Cannabis Processing Facility Operating Requirements.

1183          [4-41b-601].      4-41a-601. Cannabis processing facility -- Operating
1184     requirements -- General.
1185          [(1)] A cannabis processing facility shall ensure that a cannabis product [sold by] the
1186     cannabis processing facility sells complies with the requirements of this part.
1187          [(2) If a cannabis processing facility extracts cannabinoids from cannabis using a
1188     hydrocarbon process, the cannabis processing facility shall extract the cannabinoids under a
1189     blast hood and shall use a system to reclaim solvents.]     
1190          Section 24. Section 4-41a-602, which is renumbered from Section 4-41b-602 is
1191     renumbered and amended to read:
1192          [4-41b-602].      4-41a-602. Cannabis product -- Labeling and child-resistant
1193     packaging.
1194          (1) [A] For any cannabis product that a cannabis processing facility processes or
1195     produces, the facility shall [have a]:
1196          (a) label the cannabis product with a label that:
1197          [(a)] (i) clearly and unambiguously states that the cannabis product contains cannabis;
1198          [(b)] (ii) clearly displays the amount of total composite tetrahydrocannabinol and
1199     cannabidiol in the [cannabis product] labeled container;
1200          [(c)] (iii) has a unique identification number that:
1201          [(i)] (A) is connected to the inventory control system; and
1202          [(ii)] (B) identifies the unique cannabis product manufacturing process [by which] the
1203     cannabis processing facility used to manufacture the cannabis product [was manufactured];

1204          [(d)] (iv) identifies the cannabinoid extraction process that the cannabis processing
1205     facility used to create the cannabis product;
1206          [(e)] (v) does not display [images, words, or phrases] an image, word, or phrase that
1207     [are intended to appeal] the facility knows or should know appeals to children; and
1208          [(f)] (vi) discloses [ingredients] each active or potentially active ingredient, in order of
1209     prominence, and possible [allergens.] allergen; and
1210          [(2)] (b) [A cannabis processing facility shall] package [a] the cannabis product in a
1211     medicinal dosage form in a container that:
1212          [(a)] (i) except for a blister pack, is tamper evident and tamper resistant;
1213          [(b)] (ii) does not appeal to children;
1214          (iii) [is not appealing to children or similar to] does not mimic a candy container;
1215          [(c)] (iv) except for a blister pack, is opaque; [and]
1216          [(d)] (v) complies with child-resistant effectiveness standards [established by] that the
1217     United States Consumer Product Safety Commission[.] establishes; and
1218          (vi) includes a warning label that states: "WARNING: Cannabis has intoxicating
1219     effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP
1220     OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed
1221     by a qualified medical provider."
1222          (2) For any cannabis or cannabis product that the cannabis processing facility processes
1223     into a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular
1224     cuboid shape, the facility shall:
1225          (a) ensure that the label described in Subsection (1)(a) does not contain a photograph or
1226     other image of the content of the container; and
1227          (b) include on the label described in Subsection (1)(a) a warning about the risks of
1228     over-consumption.
1229          (3) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
1230     Administrative Rulemaking Act, establishing a standard labeling format that:
1231          (a) complies with the requirements of this section; and
1232          (b) ensures inclusion of a pharmacy label.
1233          Section 25. Section 4-41a-603, which is renumbered from Section 4-41b-603 is
1234     renumbered and amended to read:

1235          [4-41b-603].      4-41a-603. Cannabis product -- Product quality.
1236          (1) A cannabis processing facility may not produce a cannabis product in a physical
1237     form that:
1238          (a) [is intended to appeal] the facility knows or should know appeals to children; [or]
1239          (b) is designed to mimic or could be mistaken for [an existing] a candy product[.]; or
1240          (c) for a product used in vaporization, includes a candy-like flavor or another flavor
1241     that the facility knows or should know appeals to children.
1242          [(2) A cannabis processing facility may not manufacture a cannabis product by
1243     applying a cannabis agent only to the surface of a pre-manufactured food product that is not
1244     produced by the cannabis processing facility.]
1245          [(3)] (2) A cannabis product may vary in the cannabis product's labeled [cannabis]
1246     cannabinoid profile by up to [15%] 10% of the indicated amount of a given cannabinoid, by
1247     weight.
1248          [(4)] (3) The department shall adopt[,] by rule [made], in accordance with Title 63G,
1249     Chapter 3, Utah Administrative Rulemaking Act, human safety standards for [manufacture] the
1250     manufacturing of cannabis products that are consistent[, to the extent possible,] with [rules for
1251     similar products that do not contain] best practices for the use of cannabis.
1252          Section 26. Section 4-41a-701, which is renumbered from Section 4-41b-701 is
1253     renumbered and amended to read:
1254     
Part 7. Independent Cannabis Testing Laboratories.

1255          [4-41b-701].      4-41a-701. Cannabis and cannabis product testing.
1256          (1) [No] A medical cannabis pharmacy and the state central fill medical cannabis
1257     pharmacy may not offer any cannabis or cannabis product [may be offered] for sale [at a
1258     cannabis dispensary] unless an independent cannabis testing laboratory has tested a
1259     representative sample of the cannabis or cannabis product [has been tested by an independent
1260     cannabis testing laboratory] to determine:
1261          (a) (i) the amount of total composite tetrahydrocannabinol and cannabidiol in the
1262     cannabis or cannabis product; and
1263          (ii) the amount of any other cannabinoid in the cannabis or cannabis product that the
1264     label claims the cannabis or cannabis product contains;
1265          (b) that the presence of contaminants, including mold, fungus, pesticides, microbial

1266     contaminants, heavy metals, or foreign material, does not exceed an amount that is safe for
1267     human consumption; and
1268          (c) for a cannabis product that is manufactured using a process that involves extraction
1269     using hydrocarbons, that the cannabis product does not contain [an unhealthy] a level of a
1270     residual solvent that is not safe for human consumption.
1271          (2) [The department may determine, by] By rule [made], in accordance with Title 63G,
1272     Chapter 3, Utah Administrative Rulemaking Act, the department:
1273          (i) may determine the amount of [a] any substance described in [Subsection (1)]
1274     Subsections (1)(b) and (c) that is safe for human consumption[.]; and
1275          (ii) shall establish protocols for a recall of cannabis or a cannabis product by a cannabis
1276     production establishment.
1277          (3) The department may require testing for a toxin if:
1278          (a) the department receives information indicating the potential presence of a toxin; or
1279          (b) the department's inspector has reason to believe a toxin may be present based on the
1280     inspection of a facility.
1281          (4) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
1282     Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the
1283     testing of cannabis and cannabis products by independent cannabis testing laboratories.
1284          (5) The department may require an independent cannabis testing laboratory to
1285     participate in a proficiency evaluation that the department conducts or that an organization that
1286     the department approves conducts.
1287          Section 27. Section 4-41a-702, which is renumbered from Section 4-41b-702 is
1288     renumbered and amended to read:
1289          [4-41b-702].      4-41a-702. Reporting -- Inspections -- Seizure by the
1290     department.
1291          (1) If an independent cannabis testing laboratory determines that the results of a lab test
1292     indicate that a cannabis or cannabis product batch may be unsafe for human [consumption, the
1293     independent cannabis testing laboratory shall] use:
1294          (a) the independent cannabis testing laboratory shall:
1295          [(a)] (i) report the results and the cannabis or cannabis product batch to:
1296          [(i)] (A) the department; and

1297          [(ii)] (B) the cannabis production establishment that prepared the cannabis or cannabis
1298     product batch; and
1299          [(b)] (ii) retain possession of the cannabis or cannabis product batch for [one week]
1300     two weeks in order to investigate the cause of the defective batch and to make a determination;
1301     and
1302          [(c)] (b) [allow] the cannabis production establishment that prepared the cannabis or
1303     cannabis product batch [to] may appeal the determination described in Subsection [(1)(b)]
1304     (1)(a)(ii) to the department.
1305          (2) If[, under Subsection (1)(b),] the department determines, under Subsection (1)(a)(ii)
1306     or following an appeal under Subsection (1)(b), that a cannabis or cannabis product prepared
1307     by a cannabis production establishment is unsafe for human consumption, the department may
1308     seize, embargo, or destroy, in the same manner as a cannabis production establishment under
1309     Section 4-41a-405, the cannabis or cannabis product batch.
1310          (3) If an independent cannabis testing laboratory determines that the results of a lab test
1311     indicate that the cannabinoid content of a cannabis or cannabis product batch diverges more
1312     than 10% from the amounts the label indicates, the cannabis processing facility may not sell the
1313     cannabis or cannabis product batch unless the facility replaces the incorrect label with a label
1314     that correctly indicates the cannabinoid content.
1315          Section 28. Section 4-41a-801, which is renumbered from Section 4-41b-801 is
1316     renumbered and amended to read:
1317          [4-41b-801].      4-41a-801. Enforcement -- Fine -- Citation.
1318          (1) [The department may, for a violation of this chapter by] If a person that is a
1319     cannabis production establishment or a cannabis production establishment agent violates this
1320     chapter, the department may:
1321          (a) revoke the person's license or cannabis production establishment agent registration
1322     card;
1323          (b) [refuse] decline to renew the person's license or cannabis production establishment
1324     agent registration card; or
1325          (c) assess the person an administrative penalty that the department establishes by rule
1326     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1327          (2) The department shall deposit an administrative penalty imposed under this section

1328     [in the general fund] into the General Fund.
1329          (3) (a) The department may take an action described in Subsection (3)(b) if the
1330     department concludes, upon [inspection or] investigation, that, for a person that is a cannabis
1331     production establishment or a cannabis production establishment agent:
1332          (i) the person has violated the provisions of this chapter, a rule made under this
1333     chapter, or an order issued under this chapter; or
1334          (ii) the person produced cannabis or a cannabis product batch that contains a substance,
1335     other than cannabis, that poses a significant threat to human health.
1336          (b) If the department makes the determination about a person described in Subsection
1337     (3)(a), the department shall:
1338          (i) issue the person a written administrative citation;
1339          (ii) attempt to negotiate a stipulated settlement;
1340          (iii) seize, embargo, or destroy the cannabis or cannabis product batch; [and]
1341          (iv) order the person to cease and desist from the action that creates a violation; and
1342          [(iv)] (v) direct the person to appear before an adjudicative proceeding conducted
1343     under Title 63G, Chapter 4, Administrative Procedures Act.
1344          (4) The department may, for a person subject to an uncontested citation, a stipulated
1345     settlement, or a finding of a violation in an adjudicative proceeding under this section[:(a)], for
1346     a fine amount not already specified in law, assess the person, who is not an individual, a fine[,
1347     established in accordance with Section 63J-1-504,] of up to $5,000 per violation, in accordance
1348     with a fine schedule [established by] that the department establishes by rule [made] in
1349     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[; or].
1350          [(b) order the person to cease and desist from the action that creates a violation.]
1351          (5) The department may not revoke a cannabis production establishment's license
1352     without first [direct] directing the cannabis production establishment to appear before an
1353     adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1354          (6) If within 20 calendar days after the day on which a department serves a citation for
1355     a violation of this chapter, the person that is the subject of the citation fails to request a hearing
1356     to contest the citation, the citation becomes the department's final order.
1357          (7) The department may, for a person who fails to comply with a citation under this
1358     section:

1359          (a) refuse to issue or renew the person's license or cannabis production establishment
1360     agent registration card; or
1361          (b) suspend, revoke, or place on probation the person's license or cannabis production
1362     establishment registration card.
1363          (8) [If the department makes a final determination under this section that]
1364          (a) Except where a criminal penalty is expressly provided for a specific violation of
1365     this chapter, if an individual [violated]:
1366          (i) violates a provision of this chapter, the individual is:
1367          (A) guilty of an infraction[.]; and
1368          (B) subject to a $100 fine; or
1369          (ii) intentionally or knowingly violates a provision of this chapter or violates this
1370     chapter three or more times, the individual is:
1371          (A) guilty of a class B misdemeanor; and
1372          (B) subject to a $1,000 fine.
1373          (b) An individual who is guilty of a violation described in Subsection (8)(a) is not
1374     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
1375     underlying the violation described in Subsection (8)(a).
1376          (9) Nothing in this section prohibits the department from referring potential criminal
1377     activity to law enforcement.
1378          Section 29. Section 4-41a-802, which is renumbered from Section 4-41b-802 is
1379     renumbered and amended to read:
1380          [4-41b-802].      4-41a-802. Report.
1381          (1) [The] At or before the November interim meeting each year, the department shall
1382     report [annually] to the Health and Human Services Interim Committee on:
1383          (a) the number of applications and renewal applications [received,] that the department
1384     receives under this chapter;
1385          (b) the number of each type of cannabis production facility [licensed] that the
1386     department licenses in each county[,];
1387          (c) the amount of cannabis [grown by] that licensees[,] grow;
1388          (d) the amount of cannabis [manufactured] that licensees manufacture into cannabis
1389     products [by licensees,];

1390          (e) the number of licenses [revoked,] the department revokes under this chapter; and
1391          (f) the expenses incurred and revenues generated [from the medical cannabis program]
1392     under this chapter.
1393          (2) The department may not include personally identifying information in the report
1394     described in this section.
1395          Section 30. Section 7-1-401 is amended to read:
1396          7-1-401. Fees payable to commissioner.
1397          (1) Except for an out-of-state depository institution with a branch in Utah, a depository
1398     institution under the jurisdiction of the department shall pay an annual fee:
1399          (a) computed by averaging the total assets of the depository institution shown on each
1400     quarterly report of condition for the depository institution for the calendar year immediately
1401     preceding the date on which the annual fee is due under Section 7-1-402; and
1402          (b) at the following rates:
1403          (i) on the first $5,000,000 of these assets, the greater of:
1404          (A) 65 cents per $1,000; or
1405          (B) $500;
1406          (ii) on the next $10,000,000 of these assets, 35 cents per $1,000;
1407          (iii) on the next $35,000,000 of these assets, 15 cents per $1,000;
1408          (iv) on the next $50,000,000 of these assets, 12 cents per $1,000;
1409          (v) on the next $200,000,000 of these assets, 10 cents per $1,000;
1410          (vi) on the next $300,000,000 of these assets, 6 cents per $1,000; and
1411          (vii) on all amounts over $600,000,000 of these assets, 2 cents per $1,000.
1412          (2) A financial institution with a trust department shall pay a fee determined in
1413     accordance with Subsection (7) for each examination of the trust department by a state
1414     examiner.
1415          (3) Notwithstanding Subsection (1), a credit union in its first year of operation shall
1416     pay a basic fee of $25 instead of the fee required under Subsection (1).
1417          (4) A trust company that is not a depository institution or a subsidiary of a depository
1418     institution holding company shall pay:
1419          (a) an annual fee of $500; and
1420          (b) an additional fee determined in accordance with Subsection (7) for each

1421     examination by a state examiner.
1422          (5) Any person or institution under the jurisdiction of the department that does not pay
1423     a fee under Subsections (1) through (4) shall pay:
1424          (a) an annual fee of $200; and
1425          (b) an additional fee determined in accordance with Subsection (7) for each
1426     examination by a state examiner.
1427          (6) A person filing an application or request under Section 7-1-503, 7-1-702, 7-1-703,
1428     7-1-704, 7-1-713, 7-5-3, or 7-18a-202[, or 7-26-201] shall pay:
1429          (a) (i) a filing fee of $500 if on the day on which the application or request is filed the
1430     person:
1431          (A) is a person with authority to transact business as[: (I)] a depository institution[;
1432     (II)], a trust company[;], or [(III)] any other person described in Section 7-1-501 as being
1433     subject to the jurisdiction of the department; and
1434          (B) has total assets in an amount less than $5,000,000; or
1435          (ii) a filing fee of $2,500 for any person not described in Subsection (6)(a)(i); and
1436          (b) all reasonable expenses incurred in processing the application.
1437          (7) (a) Per diem assessments for an examination shall be calculated at the rate of $55
1438     per hour:
1439          (i) for each examiner; and
1440          (ii) per hour worked.
1441          (b) For an examination of a branch or office of a financial institution located outside of
1442     this state, in addition to the per diem assessment under this Subsection (7), the institution shall
1443     pay all reasonable travel, lodging, and other expenses incurred by each examiner while
1444     conducting the examination.
1445          (8) In addition to a fee under Subsection (5), a person registering under Section
1446     7-23-201 or 7-24-201 shall pay an original registration fee of $300.
1447          (9) In addition to a fee under Subsection (5), a person applying for licensure under
1448     Chapter 25, Money Transmitter Act, shall pay an original license fee of $300.
1449          Section 31. Section 10-9a-104 is amended to read:
1450          10-9a-104. Stricter requirements.
1451          (1) Except as provided in Subsection (2), a municipality may enact [an ordinance] a

1452     land use regulation imposing stricter requirements or higher standards than are required by this
1453     chapter.
1454          (2) A municipality may not impose [stricter requirements or higher standards than are
1455     required by:]
1456          [(a) Section 4-41b-405;]
1457          [(b) Section 10-9a-305;]
1458          [(c) Section 10-9a-514; and]
1459          [(d) Section 26-60b-506.] a requirement or standard that conflicts with a provisions of
1460     this chapter, other state law, or federal law.
1461          Section 32. Section 17-27a-104 is amended to read:
1462          17-27a-104. Stricter requirements or higher standards.
1463          (1) Except as provided in Subsection (2), a county may enact [an ordinance] a land use
1464     regulation imposing stricter requirements or higher standards than are required by this chapter.
1465          (2) A county may not impose [stricter requirements or higher standards than are
1466     required by:]
1467          [(a) Section 4-41b-405;]
1468          [(b) Section 17-27a-305;]
1469          [(c) Section 17-27a-513; and]
1470          [(d) Section 26-60b-506.] a requirement or standard that conflicts with a provision of
1471     this chapter, other state law, or federal law.
1472          Section 33. Section 26-36d-101 is enacted to read:
1473     
CHAPTER 36d. HOSPITAL PROVIDER ASSESSMENT ACT.

1474     
Part 1. General Provisions.

1475          26-36d-101. Title.
1476          This chapter is known as the "Hospital Provider Assessment Act."
1477          Section 34. Section 26-36d-102 is enacted to read:
1478          26-36d-102. Legislative findings.
1479          (1) The Legislature finds that there is an important state purpose to improve the access
1480     of Medicaid patients to quality care in Utah hospitals because of continuous decreases in state
1481     revenues and increases in enrollment under the Utah Medicaid program.
1482          (2) The Legislature finds that in order to improve this access to those persons described

1483     in Subsection (1):
1484          (a) the rates paid to Utah hospitals shall be adequate to encourage and support
1485     improved access; and
1486          (b) adequate funding shall be provided to increase the rates paid to Utah hospitals
1487     providing services pursuant to the Utah Medicaid program.
1488          Section 35. Section 26-36d-103 is enacted to read:
1489          26-36d-103. Definitions.
1490          As used in this chapter:
1491          (1) "Accountable care organization" means a managed care organization, as defined in
1492     42 C.F.R. Sec. 438, that contracts with the department under the provisions of Section
1493     26-18-405.
1494          (2) "Assessment" means the Medicaid hospital provider assessment established by this
1495     chapter.
1496          (3) "Discharges" means the number of total hospital discharges reported on worksheet
1497     S-3 Part I, column 15, lines 12, 14, and 14.01 of the 2552-96 Medicare Cost Report or on
1498     Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare Cost Report for
1499     the applicable assessment year.
1500          (4) "Division" means the Division of Health Care Financing of the department.
1501          (5) "Hospital":
1502          (a) means a privately owned:
1503          (i) general acute hospital operating in the state as defined in Section 26-21-2; and
1504          (ii) specialty hospital operating in the state, which shall include a privately owned
1505     hospital whose inpatient admissions are predominantly:
1506          (A) rehabilitation;
1507          (B) psychiatric;
1508          (C) chemical dependency; or
1509          (D) long-term acute care services; and
1510          (b) does not include:
1511          (i) a human services program, as defined in Section 62A-2-101;
1512          (ii) a hospital owned by the federal government, including the Veterans Administration
1513     Hospital; or

1514          (iii) a hospital that is owned by the state government, a state agency, or a political
1515     subdivision of the state, including:
1516          (A) a state-owned teaching hospital; and
1517          (B) the Utah State Hospital.
1518          (6) "Medicare cost report" means CMS-2552-96 or CMS-2552-10, the cost report for
1519     electronic filing of hospitals.
1520          (7) "State plan amendment" means a change or update to the state Medicaid plan.
1521          Section 36. Section 26-36d-201 is enacted to read:
1522     
Part 2. Application of Chapter.

1523          26-36d-201. Application of chapter.
1524          (1) Other than for the imposition of the assessment described in this chapter, nothing in
1525     this chapter shall affect the nonprofit or tax exempt status of any nonprofit charitable, religious,
1526     or educational health care provider under:
1527          (a) Section 501(c), as amended, of the Internal Revenue Code;
1528          (b) other applicable federal law;
1529          (c) any state law;
1530          (d) any ad valorem property taxes;
1531          (e) any sales or use taxes; or
1532          (f) any other taxes, fees, or assessments, whether imposed or sought to be imposed by
1533     the state or any political subdivision, county, municipality, district, authority, or any agency or
1534     department thereof.
1535          (2) All assessments paid under this chapter may be included as an allowable cost of a
1536     hospital for purposes of any applicable Medicaid reimbursement formula.
1537          (3) This chapter does not authorize a political subdivision of the state to:
1538          (a) license a hospital for revenue;
1539          (b) impose a tax or assessment upon hospitals; or
1540          (c) impose a tax or assessment measured by the income or earnings of a hospital.
1541          Section 37. Section 26-36d-202 is enacted to read:
1542          26-36d-202. Assessment, collection, and payment of hospital provider assessment.
1543          (1) A uniform, broad based, assessment is imposed on each hospital as defined in
1544     Subsection 26-36d-103(5)(a):

1545          (a) in the amount designated in Section 26-36d-203; and
1546          (b) in accordance with Section 26-36d-204.
1547          (2) (a) The assessment imposed by this chapter is due and payable on a quarterly basis
1548     in accordance with Section 26-36d-204.
1549          (b) The collecting agent for this assessment is the department which is vested with the
1550     administration and enforcement of this chapter, including the right to adopt administrative rules
1551     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to:
1552          (i) implement and enforce the provisions of this act; and
1553          (ii) audit records of a facility:
1554          (A) that is subject to the assessment imposed by this chapter; and
1555          (B) does not file a Medicare cost report.
1556          (c) The department shall forward proceeds from the assessment imposed by this
1557     chapter to the state treasurer for deposit in the expendable special revenue fund as specified in
1558     Section 26-36d-207.
1559          (3) The department may, by rule, extend the time for paying the assessment.
1560          Section 38. Section 26-36d-203 is enacted to read:
1561          26-36d-203. Calculation of assessment.
1562          (1) (a) An annual assessment is payable on a quarterly basis for each hospital in an
1563     amount calculated at a uniform assessment rate for each hospital discharge, in accordance with
1564     this section.
1565          (b) The uniform assessment rate shall be determined using the total number of hospital
1566     discharges for assessed hospitals divided into the total non-federal portion in an amount
1567     consistent with Section 26-36d-205 that is needed to support capitated rates for accountable
1568     care organizations for purposes of hospital services provided to Medicaid enrollees.
1569          (c) Any quarterly changes to the uniform assessment rate shall be applied uniformly to
1570     all assessed hospitals.
1571          (d) The annual uniform assessment rate may not generate more than:
1572          (i) $1,000,000 to offset Medicaid mandatory expenditures; and
1573          (ii) the non-federal share to seed amounts needed to support capitated rates for
1574     accountable care organizations as provided for in Subsection (1)(b).
1575          (2) (a) For each state fiscal year, discharges shall be determined using the data from

1576     each hospital's Medicare Cost Report contained in the Centers for Medicare and Medicaid
1577     Services' Healthcare Cost Report Information System file. The hospital's discharge data will be
1578     derived as follows:
1579          (i) for state fiscal year 2013, the hospital's cost report data for the hospital's fiscal year
1580     ending between July 1, 2009, and June 30, 2010;
1581          (ii) for state fiscal year 2014, the hospital's cost report data for the hospital's fiscal year
1582     ending between July 1, 2010, and June 30, 2011;
1583          (iii) for state fiscal year 2015, the hospital's cost report data for the hospital's fiscal year
1584     ending between July 1, 2011, and June 30, 2012;
1585          (iv) for state fiscal year 2016, the hospital's cost report data for the hospital's fiscal year
1586     ending between July 1, 2012, and June 30, 2013; and
1587          (v) for each subsequent state fiscal year, the hospital's cost report data for the hospital's
1588     fiscal year that ended in the state fiscal year two years prior to the assessment fiscal year.
1589          (b) If a hospital's fiscal year Medicare Cost Report is not contained in the Centers for
1590     Medicare and Medicaid Services' Healthcare Cost Report Information System file:
1591          (i) the hospital shall submit to the division a copy of the hospital's Medicare Cost
1592     Report applicable to the assessment year; and
1593          (ii) the division shall determine the hospital's discharges.
1594          (c) If a hospital is not certified by the Medicare program and is not required to file a
1595     Medicare Cost Report:
1596          (i) the hospital shall submit to the division its applicable fiscal year discharges with
1597     supporting documentation;
1598          (ii) the division shall determine the hospital's discharges from the information
1599     submitted under Subsection (2)(c)(i); and
1600          (iii) the failure to submit discharge information shall result in an audit of the hospital's
1601     records and a penalty equal to 5% of the calculated assessment.
1602          (3) Except as provided in Subsection (4), if a hospital is owned by an organization that
1603     owns more than one hospital in the state:
1604          (a) the assessment for each hospital shall be separately calculated by the department;
1605     and
1606          (b) each separate hospital shall pay the assessment imposed by this chapter.

1607          (4) Notwithstanding the requirement of Subsection (3), if multiple hospitals use the
1608     same Medicaid provider number:
1609          (a) the department shall calculate the assessment in the aggregate for the hospitals
1610     using the same Medicaid provider number; and
1611          (b) the hospitals may pay the assessment in the aggregate.
1612          Section 39. Section 26-36d-204 is enacted to read:
1613          26-36d-204. Quarterly notice -- Collection.
1614          Quarterly assessments imposed by this chapter shall be paid to the division within 15
1615     business days after the original invoice date that appears on the invoice issued by the division.
1616          Section 40. Section 26-36d-205 is enacted to read:
1617          26-36d-205. Medicaid hospital adjustment under accountable care organization
1618     rates.
1619          To preserve and improve access to hospital services, the division shall, for accountable
1620     care organization rates effective on or after April 1, 2013, incorporate an annualized amount
1621     equal to $154,000,000 into the accountable care organization rate structure calculation
1622     consistent with the certified actuarial rate range.
1623          Section 41. Section 26-36d-206 is enacted to read:
1624          26-36d-206. Penalties and interest.
1625          (1) A facility that fails to pay any assessment or file a return as required under this
1626     chapter, within the time required by this chapter, shall pay, in addition to the assessment,
1627     penalties and interest established by the department.
1628          (2) (a) Consistent with Subsection (2)(b), the department shall adopt rules in
1629     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which establish
1630     reasonable penalties and interest for the violations described in Subsection (1).
1631          (b) If a hospital fails to timely pay the full amount of a quarterly assessment, the
1632     department shall add to the assessment:
1633          (i) a penalty equal to 5% of the quarterly amount not paid on or before the due date;
1634     and
1635          (ii) on the last day of each quarter after the due date until the assessed amount and the
1636     penalty imposed under Subsection (2)(b)(i) are paid in full, an additional 5% penalty on:
1637          (A) any unpaid quarterly assessment; and

1638          (B) any unpaid penalty assessment.
1639          (c) Upon making a record of its actions, and upon reasonable cause shown, the division
1640     may waive, reduce, or compromise any of the penalties imposed under this part.
1641          Section 42. Section 26-36d-207 is enacted to read:
1642          26-36d-207. Hospital Provider Assessment Expendable Revenue Fund.
1643          (1) There is created an expendable special revenue fund known as the "Hospital
1644     Provider Assessment Expendable Revenue Fund."
1645          (2) The fund shall consist of:
1646          (a) the assessments collected by the department under this chapter;
1647          (b) any interest and penalties levied with the administration of this chapter; and
1648          (c) any other funds received as donations for the fund and appropriations from other
1649     sources.
1650          (3) Money in the fund shall be used:
1651          (a) to support capitated rates consistent with Subsection 26-36d-203(1)(d) for
1652     accountable care organizations; and
1653          (b) to reimburse money collected by the division from a hospital through a mistake
1654     made under this chapter.
1655          Section 43. Section 26-36d-208 is enacted to read:
1656          26-36d-208. Repeal of assessment.
1657          (1) The repeal of the assessment imposed by this chapter shall occur upon the
1658     certification by the executive director of the department that the sooner of the following has
1659     occurred:
1660          (a) the effective date of any action by Congress that would disqualify the assessment
1661     imposed by this chapter from counting toward state Medicaid funds available to be used to
1662     determine the federal financial participation;
1663          (b) the effective date of any decision, enactment, or other determination by the
1664     Legislature or by any court, officer, department, or agency of the state, or of the federal
1665     government that has the effect of:
1666          (i) disqualifying the assessment from counting towards state Medicaid funds available
1667     to be used to determine federal financial participation for Medicaid matching funds; or
1668          (ii) creating for any reason a failure of the state to use the assessments for the Medicaid

1669     program as described in this chapter;
1670          (c) the effective date of:
1671          (i) an appropriation for any state fiscal year from the General Fund for hospital
1672     payments under the state Medicaid program that is less than the amount appropriated for state
1673     fiscal year 2012;
1674          (ii) the annual revenues of the state General Fund budget return to the level that was
1675     appropriated for fiscal year 2008;
1676          (iii) a division change in rules that reduces any of the following below July 1, 2011
1677     payments:
1678          (A) aggregate hospital inpatient payments;
1679          (B) adjustment payment rates; or
1680          (C) any cost settlement protocol; or
1681          (iv) a division change in rules that reduces the aggregate outpatient payments below
1682     July 1, 2011 payments; and
1683          (d) the sunset of this chapter in accordance with Section 63I-1-226.
1684          (2) If the assessment is repealed under Subsection (1), money in the fund that was
1685     derived from assessments imposed by this chapter, before the determination made under
1686     Subsection (1), shall be disbursed under Section 26-36d-205 to the extent federal matching is
1687     not reduced due to the impermissibility of the assessments. Any funds remaining in the special
1688     revenue fund shall be refunded to the hospitals in proportion to the amount paid by each
1689     hospital.
1690          Section 44. Section 26-61-202 is amended to read:
1691          26-61-202. Cannabinoid Product Board -- Duties.
1692          (1) The board shall review any available scientific research related to the human use of
1693     cannabis, a cannabinoid product, or an expanded cannabinoid product that:
1694          (a) was conducted under a study approved by an IRB; or
1695          (b) was conducted or approved by the federal government.
1696          (2) Based on the research described in Subsection (1), the board shall evaluate the
1697     safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
1698     including:
1699          (a) medical conditions that respond to cannabis, cannabinoid products, and expanded

1700     cannabinoid products;
1701          (b) cannabis and cannabinoid dosage amounts and medical dosage forms; [and]
1702          (c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products
1703     with other treatments[.]; and
1704          (d) contraindications, adverse reactions, and potential side effects from use of cannabis,
1705     cannabinoid products, and expanded cannabinoid products.
1706          (3) Based on the board's evaluation under Subsection (2), the board shall develop
1707     guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
1708     product that include:
1709          (a) a list of medical conditions, if any, that the board determines are appropriate for
1710     treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
1711     cannabinoid product[.];
1712          (b) a list of contraindications, side effects, and adverse reactions that are associated
1713     with use of cannabis, cannabinoid products, or expanded cannabinoid products; and
1714          (c) a list of potential drug-drug interactions between medications that the United States
1715     Food and Drug Administration has approved and cannabis, cannabinoid products, and
1716     expanded cannabinoid products.
1717          (4) The board shall submit the guidelines described in Subsection (3) to:
1718          (a) the director of the Division of Occupational and Professional Licensing; and
1719          (b) the Health and Human Services Interim Committee.
1720          (5) The board shall report the board's findings before November 1 of each year to the
1721     Health and Human Services Interim Committee.
1722          (6) Guidelines [developed pursuant to] that the board develops under this section may
1723     not limit the availability of cannabis, cannabinoid products, or expanded cannabinoid products
1724     permitted [pursuant to] under Title 4, Chapter [41b] 41a, Cannabis Production [Establishment]
1725     Establishments, or Title 26, Chapter [60b] 61a, Utah Medical Cannabis Act.
1726          Section 45. Section 26-61a-101, which is renumbered from Section 26-60b-101 is
1727     renumbered and amended to read:
1728     
CHAPTER 61a. UTAH MEDICAL CANNABIS ACT.

1729     
Part 1. General Provisions.

1730          [26-60b-101].      26-61a-101. Title.

1731          This chapter is known as "Utah Medical Cannabis Act."
1732          Section 46. Section 26-61a-102, which is renumbered from Section 26-60b-102 is
1733     renumbered and amended to read:
1734          [26-60b-102].      26-61a-102. Definitions.
1735          As used in this chapter:
1736          (1) "Blister" means a plastic cavity or pocket used to contain no more than a single
1737     dose of cannabis or a cannabis product in a blister pack.
1738          (2) "Blister pack" means a plastic, paper, or foil package with multiple blisters each
1739     containing no more than a single dose of cannabis or a cannabis product.
1740          [(1)] (3) "Cannabis" means [the same as that term is defined in Section 58-37-3.9]
1741     marijuana.
1742          [(2)] (4) "Cannabis cultivation facility" means the same as that term is defined in
1743     Section [4-41b-102] 4-41a-102.
1744          [(3) "Cannabis dispensary" means a person that:]
1745          [(a) acquires or intends to acquire cannabis or a cannabis product from a cannabis
1746     production establishment and acquires or intends to acquire a medical cannabis device;]
1747          [(b) possesses cannabis, a cannabis product, or a medical cannabis device; and]
1748          [(c) sells or intends to sell cannabis, a cannabis product, or a medical cannabis device.]
1749          [(4) "Cannabis dispensary agent" means an owner, officer, director, board member,
1750     employee, or volunteer of a cannabis dispensary.]
1751          [(5) "Cannabis dispensary agent registration card" means a registration card issued by
1752     the department that authorizes an individual to act as a cannabis dispensary agent.]
1753          [(6)] (5) "Cannabis processing facility" means the same as that term is defined in
1754     Section [4-41b-102] 4-41a-102.
1755          [(7)] (6) "Cannabis product" means [the same as that term is defined in Section
1756     58-37-3.9.] a product that:
1757          (a) is intended for human use; and
1758          (b) contains cannabis or tetrahydrocannabinol.
1759          [(8)] (7) "Cannabis production establishment agent" means the same as that term is
1760     defined in Section [4-41b-102] 4-41a-102.
1761          [(9)] (8) "Cannabis production establishment agent registration card" means the same

1762     as that term is defined in Section [4-41b-102] 4-41a-102.
1763          [(10)] (9) "Community location" means a public or private school, a church, a public
1764     library, a public playground, or a public park.
1765          (10) "Department" means the Department of Health.
1766          (11) "Designated caregiver" means an individual:
1767          (a) whom [a patient] an individual with a medical cannabis patient card or a medical
1768     cannabis guardian card designates as the patient's caregiver; and
1769          (b) who registers with the department under Section [26-60b-202] 26-61a-202.
1770          (12) "Dosing parameters" means quantity, routes, and frequency of administration for a
1771     recommended treatment of cannabis in a medicinal dosage form or a cannabis product in a
1772     medicinal dosage form.
1773          [(12)] (13) "Independent cannabis testing laboratory" means the same as that term is
1774     defined in Section [4-41b-102] 4-41a-102.
1775          [(13)] (14) "Inventory control system" means the system described in Section
1776     [4-41b-103] 4-41a-103.
1777          (15) "Local health department" means the same as that term is defined in Section
1778     26A-1-102.
1779          (16) "Local health department distribution agent" means an agent designated and
1780     registered to distribute state central fill shipments under Sections 26-61a-606 and 26-61a-607.
1781          (17) "Marijuana" means the same as that term is defined in Section 58-37-2.
1782          (18) "Medical cannabis" means cannabis in a medicinal dosage form or a cannabis
1783     product in a medicinal dosage form.
1784          [(14)] (19) "Medical cannabis card" means a medical cannabis patient card, a medical
1785     cannabis guardian card, or a medical cannabis caregiver card.
1786          (20) "Medical cannabis cardholder" means a holder of a medical cannabis card.
1787          (21) "Medical cannabis caregiver card" means an official card [issued by] that:
1788          (a) the department issues to an individual [with a qualifying illness, or the individual's]
1789     whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder
1790     designates as a designated caregiver [under this chapter, that]; and
1791          (b) is connected to the electronic verification system.
1792          [(15)] (22) (a) "Medical cannabis device" means [the same as that term is defined in

1793     Section 58-37-3.9.] a device that an individual uses to ingest cannabis in a medicinal dosage
1794     form or a cannabis product in a medicinal dosage form.
1795          (b) "Medical cannabis device" does not include a device that:
1796          (i) facilitates cannabis combustion; or
1797          (ii) an individual uses to ingest substances other than cannabis.
1798          (23) "Medical cannabis guardian card" means an official card that:
1799          (a) the department issues to the parent or legal guardian of a minor with a qualifying
1800     condition; and
1801          (b) is connected to the electronic verification system.
1802          (24) "Medical cannabis patient card" means an official card that:
1803          (a) the department issues to an individual with a qualifying condition; and
1804          (b) is connected to the electronic verification system.
1805          (25) "Medical cannabis pharmacy" means a person that:
1806          (a) (i) acquires or intends to acquire:
1807          (A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
1808     form from a cannabis processing facility; or
1809          (B) a medical cannabis device; or
1810          (ii) possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal
1811     dosage form, or a medical cannabis device; and
1812          (b) sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a
1813     medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder.
1814          (26) "Medical cannabis pharmacy agent" means an individual who:
1815          (a) is an employee of a medical cannabis pharmacy; and
1816          (b) who holds a valid medical cannabis pharmacy agent registration card.
1817          (27) "Medical cannabis pharmacy agent registration card" means a registration card
1818     issued by the department that authorizes an individual to act as a medical cannabis pharmacy
1819     agent.
1820          (28) "Medical cannabis treatment" means cannabis in a medicinal dosage form, a
1821     cannabis product in a medicinal dosage form, or a medical cannabis device.
1822          [(16) "Medical Cannabis Restricted Account" means the account created in Section
1823     26-60b-109.]

1824          (29) (a) "Medicinal dosage form" means:
1825          (i) for processed medical cannabis or a medical cannabis product, the following in
1826     single dosage form with a specific and consistent cannabinoid content:
1827          (A) a tablet;
1828          (B) a capsule;
1829          (C) a concentrated oil;
1830          (D) a liquid suspension;
1831          (E) a topical preparation;
1832          (F) a transdermal preparation;
1833          (G) a sublingual preparation;
1834          (H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
1835     rectangular cuboid shape; or
1836          (I) for use only after the individual's qualifying condition has failed to substantially
1837     respond to at least two other forms described in this Subsection (29)(a)(i), a resin or wax;
1838          (ii) for unprocessed cannabis flower, a blister pack, with each individual blister:
1839          (A) containing a specific and consistent weight that does not exceed one gram and that
1840     varies by no more than 10% from the stated weight; and
1841          (B) labeled with a barcode that provides information connected to an inventory control
1842     system and the individual blister's content and weight; and
1843          (iii) a form measured in grams, milligrams, or milliliters.
1844          (b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
1845          (i) the medical cannabis cardholder has recently removed from the blister pack
1846     described in Subsection (29)(a)(ii) for use; and
1847          (ii) does not exceed the quantity described in Subsection (29)(a)(ii).
1848          (c) "Medicinal dosage form" does not include:
1849          (i) any unprocessed cannabis flower outside of the blister pack, except as provided in
1850     Subsection (29)(b); or
1851          (ii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis
1852     on a nail or other metal object that is heated by a flame, including a blowtorch.
1853          (30) "Pharmacy medical provider" means the medical provider required to be on site at
1854     a medical cannabis pharmacy under Section 26-61a-403.

1855          (31) "Provisional patient card" means a card that:
1856          (a) the department issues to a minor with a qualifying condition for whom:
1857          (i) a qualified medical provider has recommended a medical cannabis treatment; and
1858          (ii) the department issues a medical cannabis guardian card to the minor's parent or
1859     legal guardian; and
1860          (b) is connected to the electronic verification system.
1861          [(17)] (32) ["Physician"] "Qualified medical provider" means an individual who is
1862     qualified to recommend treatment with cannabis in a medicinal dosage form under Section
1863     [26-60b-107] 26-61a-106.
1864          (33) "Qualified Distribution Enterprise Fund" means the enterprise fund created in
1865     Section 26-61a-110.
1866          (34) "Qualified Patient Enterprise Fund" means the enterprise fund created in Section
1867     26-61a-109.
1868          [(18)] (35) "Qualifying [illness] condition" means a condition described in Section
1869     [26-60b-105] 26-61a-104.
1870          (36) "State central fill agent" means an employee of the state central fill medical
1871     cannabis pharmacy that the department registers in accordance with Section 26-61a-602.
1872          (37) "State central fill medical cannabis pharmacy" means the central fill pharmacy that
1873     the department creates in accordance with Section 26-61a-601.
1874          (38) "State central fill medical provider" means a physician or pharmacist that the state
1875     central fill medical cannabis pharmacy employs to consult with medical cannabis cardholders
1876     in accordance with Section 26-61a-601.
1877          (39) "State central fill shipment" means a shipment of cannabis in a medicinal dosage
1878     form, cannabis product in a medicinal dosage form, or a medical cannabis device that the state
1879     central fill medical cannabis pharmacy prepares and ships for distribution to a medical cannabis
1880     cardholder in a local health department.
1881          [(19)] (40) "State electronic verification system" means the system described in Section
1882     [26-60b-103] 26-61a-103.
1883          Section 47. Section 26-61a-103, which is renumbered from Section 26-60b-103 is
1884     renumbered and amended to read:
1885          [26-60b-103].      26-61a-103. Electronic verification system.

1886          (1) The Department of Agriculture and Food, the [Department of Health] department,
1887     the Department of Public Safety, and the Department of Technology Services shall:
1888          (a) enter into a memorandum of understanding in order to determine the function and
1889     operation of [an] the state electronic verification system in accordance with Subsection (2);
1890          (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
1891     Procurement Code, to develop a request for proposals for a third-party provider to develop and
1892     maintain [an] the state electronic verification system in coordination with the Department of
1893     Technology Services; and
1894          (c) select a third-party provider [described in] who meets the requirements contained in
1895     the request for proposals issued under Subsection (1)(b).
1896          (2) The Department of Agriculture and Food, the department, the Department of Public
1897     Safety, and the Department of Technology Services shall ensure that, on or before March 1,
1898     2020, the state electronic verification system described in Subsection (1) [shall]:
1899          (a) [allow] allows an individual, with the individual's [physician] qualified medical
1900     provider in the [physician's] qualified medical provider's office, to apply for a medical cannabis
1901     patient card or, if applicable, a medical cannabis guardian card;
1902          (b) allows an individual to apply to renew a medical cannabis patient card or a medical
1903     cannabis guardian card in accordance with Section 26-61a-201;
1904          (c) allows a qualified medical provider to:
1905          (i) access dispensing and card status information regarding a patient:
1906          (A) with whom the qualified medical provider has a provider-patient relationship; and
1907          (B) for whom the qualified medical provider has recommended or is considering
1908     recommending a medical cannabis card;
1909          [(b)] (ii) [allow a physician to] electronically recommend, during a visit with a patient,
1910     treatment with cannabis in a medicinal dosage form or a cannabis product in a medicinal
1911     dosage form and optionally recommend dosing parameters;
1912          (iii) electronically renew a recommendation to a medical cannabis patient cardholder or
1913     medical cannabis guardian cardholder:
1914          (A) for the qualified medical provider who originally recommended a medical cannabis
1915     treatment, as that term is defined in Section 26-61a-102, using telehealth services; or
1916          (B) for a qualified medical provider who did not originally recommend the medical

1917     cannabis treatment, during a face-to-face visit with a patient; and
1918          (iv) at the request of a medical cannabis cardholder, initiate a state central fill shipment
1919     in accordance with Section 26-61a-603;
1920          [(c)] (d) [connect] connects with:
1921          (i) an inventory control system [used by a cannabis dispensary] that a medical cannabis
1922     pharmacy and the state central fill medical cannabis pharmacy use to track[,] in real time[,] and
1923     [to] archive [for no more than 60 days, purchase history] purchases of any cannabis [or a] in a
1924     medicinal dosage form, cannabis product [by a] in a medicinal dosage form, or medical
1925     cannabis [card holder] device, including:
1926          (A) the time and date of [the] each purchase[,];
1927          (B) the quantity and type of cannabis [or], cannabis product, or medical cannabis
1928     device purchased[, and];
1929          (C) any cannabis production establishment [and cannabis dispensary], any medical
1930     cannabis pharmacy, or the state central fill medical cannabis pharmacy associated with the
1931     cannabis [or], cannabis product[;], or medical cannabis device; and
1932          (D) the personally identifiable information of the medical cannabis cardholder who
1933     made the purchase; and
1934          (ii) any commercially available inventory control system that a cannabis production
1935     establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of
1936     Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
1937     Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
1938     track and confirm compliance;
1939          [(d)] (e) [provide] provides access to:
1940          (i) the [Department of Health and the Department of Agriculture and Food] department
1941     to the extent necessary to carry out the [Department of Health's and the Department of
1942     Agriculture and Food's] department's functions and responsibilities under this chapter [and];
1943          (ii) the Department of Agriculture and Food to the extent necessary to carry out the
1944     functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
1945     [41b] 41a, Cannabis Production [Establishment;] Establishments; and
1946          (iii) the Division of Occupational and Professional Licensing to the extent necessary to
1947     carry functions and responsibilities related to the participation of the following in the

1948     recommendation and dispensing of medical cannabis:
1949          (A) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1950          (B) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1951     Practice Act;
1952          (C) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1953     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1954          (D) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act;
1955          (f) provides access to and interaction with the state central fill medical cannabis
1956     pharmacy, state central fill agents, and local health department distribution agents, to facilitate
1957     the state central fill shipment process;
1958          [(e)] (g) [provide] provides access to state or local law enforcement:
1959          (i) during a traffic stop for the purpose of determining if the individual subject to the
1960     traffic stop is [complying] in compliance with state medical cannabis law[,]; or
1961          (ii) after obtaining a warrant; and
1962          [(f)] (h) [create] creates a record each time a person accesses the database that
1963     identifies the person who [accessed] accesses the database and the individual whose records
1964     [are accessed; and] the person accesses.
1965          [(g) (9) be operational no later than March 1, 2020.]
1966          (3) The [Department of Health] department may release de-identified data [collected
1967     by] that the system collects for the purpose of:
1968          (a) conducting medical research; and [for]
1969          (b) providing the report required by Section [26-60b-602] 26-61a-703.
1970          (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1971     Administrative Rulemaking Act, to establish:
1972          (a) the limitations on access to the data in the state electronic verification system as
1973     described in this section; and
1974          (b) standards and procedures to ensure accurate identification of an individual
1975     requesting information or receiving information in this section.
1976          (5) (a) Any person who knowingly and intentionally releases any information in the
1977     state electronic verification system in violation of this section is guilty of a third degree felony.
1978          (b) Any person who negligently or recklessly releases any information in the state

1979     electronic verification system in violation of this section is guilty of a class C misdemeanor.
1980          (6) (a) Any person who obtains or attempts to obtain information from the state
1981     electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
1982          (b) Any person who obtains or attempts to obtain information from the state electronic
1983     verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
1984     degree felony.
1985          (7) (a) Except as provided in Subsection (7)(e), a person may not knowingly and
1986     intentionally use, release, publish, or otherwise make available to any other person information
1987     obtained from the state electronic verification system for any purpose other than a purpose
1988     specified in this section.
1989          (b) Each separate violation of this Subsection (7) is:
1990          (i) a third degree felony; and
1991          (ii) subject to a civil penalty not to exceed $5,000.
1992          (c) The department shall determine a civil violation of this Subsection (7) in
1993     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1994          (d) Civil penalties assessed under this Subsection (7) shall be deposited into the
1995     General Fund.
1996          (e) This Subsection (7) does not prohibit a person who obtains information from the
1997     state electronic verification system under Subsection (2)(a), (c), or (f) from:
1998          (i) including the information in the person's medical chart or file for access by a person
1999     authorized to review the medical chart or file;
2000          (ii) providing the information to a person in accordance with the requirements of the
2001     Health Insurance Portability and Accountability Act of 1996; or
2002          (iii) discussing or sharing that information on the patient with the patient.
2003          Section 48. Section 26-61a-104, which is renumbered from Section 26-60b-105 is
2004     renumbered and amended to read:
2005          [26-60b-105].      26-61a-104. Qualifying condition.
2006          (1) By designating a particular condition under Subsection (2) for which the use of
2007     medical cannabis to treat symptoms is decriminalized, the Legislature does not conclusively
2008     state that:
2009          (a) current scientific evidence clearly supports the efficacy of a medical cannabis

2010     treatment for the condition; or
2011          (b) a medical cannabis treatment will treat, cure, or positively affect the condition.
2012          [(1)] (2) For the purposes of this chapter, each of the following conditions [are
2013     considered] is a qualifying [illness] condition:
2014          (a) HIV[,] or acquired immune deficiency syndrome [or an autoimmune disorder];
2015          (b) Alzheimer's disease;
2016          (c) amyotrophic lateral sclerosis;
2017          (d) cancer[,];
2018          (e) cachexia[, or a condition manifest by physical wasting,];
2019          (f) persistent nausea[, or malnutrition associated with chronic disease] that is not
2020     significantly responsive to traditional treatment, except for nausea related to:
2021          (i) pregnancy;
2022          (ii) cannabis-induced cyclical vomiting syndrome; or
2023          (iii) cannabinoid hyperemesis syndrome;
2024          [(e)] (g) Crohn's disease[,] or ulcerative colitis[, or a similar gastrointestinal disorder];
2025          [(f)] (h) epilepsy or [a similar condition that causes] debilitating seizures;
2026          [(g)] (i) multiple sclerosis or [a similar condition that causes] persistent and
2027     debilitating muscle spasms;
2028          [(h)] (j) post-traumatic stress disorder[;] that is being treated and monitored by a
2029     licensed mental health therapist, as that term is defined in Section 58-60-102, and that:
2030          (i) has been diagnosed by a healthcare provider or mental health provider employed or
2031     contracted by the United States Veterans Administration, evidenced by copies of medical
2032     records from the Veterans Administration that are included as part of the qualified medical
2033     provider's pre-treatment assessment and medical record documentation; or
2034          (ii) has been diagnosed or confirmed, through face-to-face or telehealth evaluation of
2035     the patient, by a provider who is:
2036          (A) a licensed board-eligible or board-certified psychiatrist;
2037          (B) a licensed psychologist with a doctorate-level degree;
2038          (C) a licensed clinical social worker with a doctorate-level degree; or
2039          (D) a licensed advanced practice registered nurse who is qualified to practice within
2040     the psychiatric mental health nursing speciality and who has completed the clinical practice

2041     requirements in psychiatric mental health nursing, including in psychotherapy, in accordance
2042     with Subsection 58-31b-302(4)(g);
2043          [(i)] (k) autism;
2044          (l) a terminal illness when the patient's remaining life expectancy is less than six
2045     months;
2046          (m) a condition resulting in the individual receiving hospice care;
2047          [(j)] (n) a rare condition or disease that:
2048          (i) affects less than 200,000 [persons] individuals in the United States, as defined in
2049     Section 526 of the Federal Food, Drug, and Cosmetic Act; and
2050          (ii) is not adequately managed despite treatment attempts using:
2051          (A) conventional medications other than opioids or opiates; or
2052          (B) physical interventions;
2053          [(k)] (o) [chronic or debilitating] pain [in an individual, if] lasting longer than two
2054     weeks that is not adequately managed, in the qualified medical provider's opinion, despite
2055     treatment attempts using:
2056          (i) [a physician determines that the individual is at risk of becoming chemically
2057     dependent on, or overdosing on, opiate-based pain medication] conventional medications other
2058     than opioids or opiates; or
2059          (ii) [a physician determines that the individual is allergic to opiates or is otherwise
2060     medically unable to use opiates.] physical interventions; and
2061          [(2)] (p) [In addition to the conditions described in Subsection (1),] a condition
2062     [approved] that the compassionate use board approves under Section [26-60b-106, in]
2063     26-61a-105, on an individual, [on a] case-by-case basis[, is considered a qualifying illness for
2064     the purposes of this chapter].
2065          Section 49. Section 26-61a-105, which is renumbered from Section 26-60b-106 is
2066     renumbered and amended to read:
2067          [26-60b-106].      26-61a-105. Compassionate use board.
2068          (1) (a) The department shall establish a [Compassionate Use Board] compassionate use
2069     board consisting of:
2070          [(a)] (i) [five physicians] seven qualified medical providers that the executive director
2071     appoints:

2072          (A) who are knowledgeable about the medicinal use of cannabis [and];
2073          (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
2074     or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
2075          (C) whom [certified by] the appropriate board certifies in [one of] the [following
2076     specialties:] specialty of neurology, pain medicine and pain management, medical oncology,
2077     psychiatry, infectious disease, internal medicine, pediatrics, [and] or gastroenterology; and
2078          [(b)] (ii) as a nonvoting member and the chair of the board, the executive director [of
2079     the Department of Health] or the director's designee [as a non-voting member].
2080          (b) In appointing the seven qualified medical providers described in Subsection (1)(a),
2081     the executive director shall ensure that at least two have a board certification in pediatrics.
2082          (2) (a) [Two of] Of the members of the board that the executive director first
2083     [appointed] appoints:
2084          (i) three shall serve [for a] an initial term of [three] two years; and [two of]
2085          (ii) the remaining members [of the board first appointed] shall serve [for a] an initial
2086     term of four years.
2087          (b) After [the first members' terms expire, members of the board shall serve for a] an
2088     initial term [of] described in Subsection (2)(a) expires:
2089          (i) each term is four years; and [shall be]
2090          (ii) each board member is eligible for reappointment.
2091          (c) [Any] A member of the board may serve until a successor is appointed.
2092          [(d) The director of the Department of Health or the director's designee shall serve as
2093     the chair of the board.]
2094          (3) [A] Four members constitute a quorum of the [Compassionate Use Board shall
2095     consist of three members] compassionate use board.
2096          (4) A member of the board may [not] receive:
2097          (a) compensation or benefits for the member's service[, but may receive]; and
2098          (b) per diem and travel expenses in accordance with Section 63A-3-106, Section
2099     63A-3-107, and rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2100     63A-3-107.
2101          (5) The [Compassionate Use Board] compassionate use board shall:
2102          (a) review and recommend [to the] for department approval [for] an individual

2103     described in Subsection 26-61a-201(2)(a), a minor described in Subsection 26-61a-201(2)(c),
2104     or an individual who is not otherwise qualified to receive a medical cannabis card to obtain a
2105     medical cannabis card for compassionate use if:
2106          (i) for an individual who is not otherwise qualified to receive a medical cannabis card,
2107     the individual's qualified medical provider is actively treating the individual [offers, in the
2108     board's discretion, satisfactory evidence that the individual suffers from a] for an intractable
2109     condition that:
2110          (A) substantially impairs the individual's quality of life [and is intractable]; and
2111          (B) has not, in the qualified medical provider's professional opinion, adequately
2112     responded to conventional treatments;
2113          (ii) the qualified medical provider:
2114          (A) recommends that the individual or minor be allowed to use medical cannabis; and
2115          (B) provides a letter, relevant treatment history, and notes or copies of progress notes
2116     describing relevant treatment history including rationale for considering the use of medical
2117     cannabis; and
2118          [(ii)] (iii) the board determines that:
2119          (A) the recommendation of the individual's qualified medical provider is justified; and
2120          (B) based on available information, it [is] may be in the best [interest] interests of the
2121     [patient] individual to allow the[ compassionate] use of medical cannabis;
2122          (b) unless no petitions are pending:
2123          (i) meet to receive or review compassionate use petitions at least quarterly[, unless no
2124     petitions are pending, or]; and
2125          (ii) [as often as necessary] if there are more petitions than the board can receive or
2126     review during the board's regular schedule, as often as necessary;
2127          (c) complete a review of each petition and recommend to the department approval or
2128     denial of the applicant for qualification for a medical cannabis card within 90 days [of receipt]
2129     after the day on which the board received the petition; and
2130          (d) report, before November 1 of each year, to the Health and Human Services Interim
2131     Committee[,]:
2132          (i) the number of compassionate use [approvals] recommendations the board issued
2133     during the past year; and

2134          (ii) the types of conditions for which the board approved compassionate use.
2135          (6) (a) (i) The department shall review any compassionate use [approved by] for which
2136     the board recommends approval under [this section] Subsection (5)(c) to determine [if]
2137     whether the board properly exercised the board's discretion under this section.
2138          [(7)] (ii) If the department determines that the board properly [approved an individual
2139     for compassionate use under this section] exercised the board's discretion in recommending
2140     approval under Subsection (5)(c), the department shall:
2141          (A) issue [a] the relevant medical cannabis card[.]; and
2142          (B) provide for the renewal of the medical cannabis card in accordance with the
2143     recommendation of the qualified medical provider described in Subsection (5)(a).
2144          (b) (i) If the board recommends denial under Subsection (5)(c), the individual seeking
2145     to obtain a medical cannabis card may petition the department to review the board's decision.
2146          (ii) If the department determines that the board's recommendation for denial under
2147     Subsection (5)(c) was arbitrary or capricious:
2148          (A) the department shall notify the board of the department's determination; and
2149          (B) the board shall reconsider the board's refusal to recommend approval under this
2150     section.
2151          (c) In reviewing the board's recommendation for approval or denial under Subsection
2152     (5)(c) in accordance with this Subsection (6), the department shall presume the board properly
2153     exercised the board's discretion unless the department determines that the board's
2154     recommendation was arbitrary or capricious.
2155          [(8)] (7) Any individually identifiable health information contained in a petition
2156     [received] that the board or department receives under this section [shall be] is a protected
2157     record in accordance with Title 63G, Chapter 2, Government Records Access and Management
2158     Act.
2159          [(9)] (8) The [Compassionate Use Board may recommend] compassionate use board
2160     shall annually report the board's activity to the [Health and Human Services Interim
2161     Committee:]
2162          [(a) a condition to designate as a qualifying illness under Section 26-60b-105; or]
2163          [(b) a condition to remove as a qualifying illness under Section 26-60b-105]
2164     Cannabinoid Product Board created in Section 26-61-201.

2165          Section 50. Section 26-61a-106, which is renumbered from Section 26-60b-107 is
2166     renumbered and amended to read:
2167          [26-60b-107].      26-61a-106. Qualified medical provider registration --
2168     Continuing education -- Treatment recommendation.
2169          (1) [For the purposes of this chapter, a physician means an] An individual[, other than
2170     a veterinarian, who] may not recommend a medical cannabis treatment unless the department
2171     registers the individual as a qualified medical provider in accordance with this section.
2172          (2) (a) The department shall, within 15 days after the day on which the department
2173     receives an application from an individual, register and issue a qualified medical provider
2174     registration card to the individual if the individual:
2175          (i) provides to the department the individual's name and address;
2176          (ii) provides to the department a report detailing the individual's completion of the
2177     applicable continuing education requirement described in Subsection (3);
2178          (iii) provides to the department evidence that the individual:
2179          (A) has the authority to write a prescription;
2180          (B) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
2181     Controlled Substances Act; and [who]
2182          (C) possesses the authority, in accordance with the individual's scope of practice, to
2183     prescribe a Schedule II controlled [substances.] substance;
2184          (iv) provides to the department evidence that the individual is:
2185          (A) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
2186     Practice Act;
2187          (B) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2188     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
2189          (C) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act,
2190     whose declaration of services agreement, as that term is defined in Section 58-70a-102,
2191     includes the recommending of medical cannabis, and whose supervising physician is a
2192     qualified medical provider; and
2193          (v) pays the department a fee in an amount that:
2194          (A) the department sets, in accordance with section 63J-1-504; and
2195          (B) does not exceed $300 for an initial registration.

2196          (b) The department may not register an individual as a qualified medical provider if the
2197     individual is:
2198          (i) a pharmacy medical provider or a state central fill medical provider; or
2199          (ii) an owner, officer, director, board member, employee, or agent of a cannabis
2200     production establishment or a medical cannabis pharmacy.
2201          (3) (a) An individual shall complete the continuing education described in this
2202     Subsection (3) in the following amounts:
2203          (i) for an individual as a condition precedent to registration, four hours; and
2204          (ii) for a qualified medical provider as a condition precedent to renewal, four hours
2205     every two years.
2206          (b) In accordance with Subsection (3)(a), a qualified medical provider shall:
2207          (i) complete continuing education:
2208          (A) regarding the topics described in Subsection (3)(d); and
2209          (B) offered by the department under Subsection (3)(c) or an accredited or approved
2210     continuing education provider that the department recognizes as offering continuing education
2211     appropriate for the recommendation of cannabis to patients; and
2212          (ii) make a continuing education report to the department in accordance with a process
2213     that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
2214     Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
2215     Professional Licensing and:
2216          (A) for an advanced practice registered nurse licensed under Title 58, Chapter 31b,
2217     Nurse Practice Act, the Board of Nursing;
2218          (B) for a qualified medical provider licensed under Title 58, Chapter 67, Utah Medical
2219     Practice Act, the Physicians Licensing Board;
2220          (C) for a qualified medical provider licensed under Title 58, Chapter 68, Utah
2221     Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board;
2222     and
2223          (D) for a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant
2224     Act, the Physician Assistant Licensing Board.
2225          (c) The department may, in consultation with the Division of Occupational and
2226     Professional Licensing, develop the continuing education described in this Subsection (3).

2227          (d) The continuing education described in this Subsection (3) may discuss:
2228          (i) the provisions of this chapter;
2229          (ii) general information about medical cannabis under federal and state law;
2230          (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
2231     including risks and benefits;
2232          (iv) recommendations for medical cannabis as it relates to the continuing care of a
2233     patient in pain management, risk management, potential addiction, or palliative care; and
2234          (v) best practices for recommending the form and dosage of medical cannabis products
2235     based on the qualifying condition underlying a medical cannabis recommendation.
2236          [(2) A physician may recommend cannabis if the physician recommends cannabis to no
2237     more than 20% of the physician's patients at any given time.]
2238          (4) (a) Except as provided in Subsection (4)(b) or (c), a qualified medical provider may
2239     not recommend a medical cannabis treatment to more than 175 of the qualified medical
2240     provider's patients at the same time, as determined by the number of medical cannabis cards
2241     under the qualified medical provider's name in the state electronic verification system.
2242          [(3)] (b) Except as provided in Subsection (4)(c), [A physician] a qualified medical
2243     provider may recommend a medical cannabis treatment to [greater than 20% of the physician's
2244     patients] up to 300 of the qualified medical provider's patients at any given time, as determined
2245     by the number of medical cannabis cards under the qualified medical provider's name in the
2246     state electronic verification system, if:
2247          (i) the [physician is certified, by the] appropriate American medical board[, in one of
2248     the following specialties:] has certified the qualified medical provider in the specialty of
2249     anesthesiology, gastroenterology, neurology, oncology, pain, hospice and palliative [care,
2250     physiatry] medicine, physical medicine and rehabilitation, rheumatology, or psychiatry[.]; or
2251          (ii) a licensed business employs or contracts the qualified medical provider for the
2252     specific purpose of providing hospice and palliative care.
2253          (c) (i) Notwithstanding Subsection (4)(b), a qualified medical provider described in
2254     Subsection (4)(b) may petition the Division of Occupational and Professional Licensing for
2255     authorization to exceed the limit described in Subsection (4)(b) by graduating increments of
2256     100 patients per authorization, not to exceed three authorizations.
2257          (ii) The Division of Occupational and Professional Licensing shall grant the

2258     authorization described in Subsection (4)(c)(i) if:
2259          (A) the petitioning qualified medical provider pays a $100 fee;
2260          (B) the division performs a review that includes the qualified medical provider's
2261     medical cannabis recommendation activity in the state electronic verification system, relevant
2262     information related to patient demand, and any patient medical records that the division
2263     determines would assist in the division's review; and
2264          (C) after the review described in this Subsection (4)(c)(ii), the division determines that
2265     granting the authorization would not adversely affect public safety, adversely concentrate the
2266     overall patient population among too few qualified medical providers, or adversely concentrate
2267     the use of medical cannabis among the provider's patients.
2268          [(4)] (5) A [physician] qualified medical provider may recommend medical cannabis to
2269     an individual under this chapter only in the course of a [physician-patient] qualified medical
2270     provider-patient relationship after the [physician] qualifying medical provider has completed
2271     and documented in the patient's medical record a [full] thorough assessment of the patient's
2272     condition and medical history based on the appropriate standard of care for the patient's
2273     condition.
2274          [(5)] (6) (a) Except as provided in Subsection [(5)(b)] (6)(b), a [physician eligible to
2275     recommend cannabis or a cannabis product under this section] qualified medical provider may
2276     not advertise that the [physician] qualified medical provider recommends medical cannabis [or
2277     a cannabis product] treatment.
2278          (b) [A physician may advertise via] For purposes of Subsection (6)(a), the
2279     communication of the following, through a website [that displays only] does not constitute
2280     advertising:
2281          (i) a green cross;
2282          [(ii) the location and hours of operation of the physician's office;]
2283          [(iii)] (ii) a qualifying [illness] condition that the [physician] qualified medical provider
2284     treats; [and] or
2285          [(iv)] (iii) a scientific study [regarding] medical cannabis use.
2286          (7) (a) A qualified medical provider registration card expires two years after the day on
2287     which the department issues the card.
2288          (b) The department shall renew a qualified medical provider's registration card if the

2289     provider:
2290          (i) applies for renewal;
2291          (ii) is eligible for a qualified medical provider registration card under this section,
2292     including maintaining an unrestricted license as described in Subsection (2)(a)(iii);
2293          (iii) certifies to the department in a renewal application that the information in
2294     Subsection (2)(a) is accurate or updates the information;
2295          (iv) submits a report detailing the completion of the continuing education requirement
2296     described in Subsection (3); and
2297          (v) pays the department a fee in an amount that:
2298          (A) the department sets, in accordance with section 63J-1-504; and
2299          (B) does not exceed $50 for a registration renewal.
2300          (8) The department may revoke the registration of a qualified medical provider who
2301     fails to maintain compliance with the requirements of this section.
2302          (9) A qualified medical provider may not receive any compensation or benefit for the
2303     qualified medical provider's medical cannabis treatment recommendation from:
2304          (a) a cannabis production establishment or an owner, officer, director, board member,
2305     employee, or agent of a cannabis production establishment;
2306          (b) a medical cannabis pharmacy or an owner, officer, director, board member,
2307     employee, or agent of a medical cannabis pharmacy; or
2308          (c) a qualified medical provider or pharmacy medical provider.
2309          Section 51. Section 26-61a-107, which is renumbered from Section 26-60b-108 is
2310     renumbered and amended to read:
2311          [26-60b-108].      26-61a-107. Standard of care -- Physicians and pharmacists
2312     not liable -- No private right of action.
2313          [A physician who recommends treatment with cannabis or a cannabis product to an
2314     individual in accordance with this chapter may not, based on the recommendation, be subject
2315     to]
2316          (1) An individual described in Subsection (2) is not subject to the following solely for
2317     violating a federal law or regulation that would otherwise prohibit recommending, prescribing,
2318     or dispensing medical cannabis, a medical cannabis product, or a cannabis-based drug that the
2319     United States Food and Drug Administration has not approved:

2320          (a) civil [liability,] or criminal liability[,]: or
2321          (b) licensure sanctions under Title 58, Chapter 17b, Pharmacy Practice Act, Title 58,
2322     Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act [or], Title
2323     58, Chapter 68, Utah Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Physician
2324     Assistant Act.
2325          (2) The limitations of liability described in Subsection (1) apply to:
2326          (a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
2327     Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2328     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed
2329     under Title 58, Chapter 70a, Physician Assistant Act:
2330          (i) (A) whom the department has registered as a qualified medical provider; and
2331          (B) who recommends treatment with cannabis in a medicinal dosage form or a
2332     cannabis product in a medicinal dosage form to a patient in accordance with this chapter; or
2333          (ii) before January 1, 2021, who:
2334          (A) has the authority to write a prescription; and
2335          (B) recommends a medical cannabis treatment to a patient who has a qualifying
2336     condition; and
2337          (b) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act:
2338          (i) whom the department has registered as a pharmacy medical provider or a state
2339     central fill medical provider; and
2340          (ii) who dispenses, in a medical cannabis pharmacy or the state central fill medical
2341     cannabis pharmacy, treatment with cannabis in a medicinal dosage form or a cannabis product
2342     in a medicinal dosage form to a medical cannabis cardholder in accordance with this chapter.
2343          (3) Nothing in this section or chapter reduces or in any way negates the duty of an
2344     individual described in Subsection (2) to use reasonable and ordinary care in the treatment of a
2345     patient:
2346          (a) who may have a qualifying condition; and
2347          (b) (i) for whom the individual described in Subsection (2)(a)(i) or (ii) has
2348     recommended or might consider recommending a treatment with cannabis or a cannabis
2349     product; or
2350          (ii) with whom the pharmacist described in Subsection (2)(b) has interacted in the

2351     dosing or dispensing of cannabis or a cannabis product.
2352          Section 52. Section 26-61a-108 is enacted to read:
2353          26-61a-108. Agreement with a tribe.
2354          (1) As used in this section, "tribe" means a federally recognized Indian tribe or Indian
2355     band.
2356          (2) (a) In accordance with this section, the governor may enter into an agreement with a
2357     tribe to allow for the operation of a medical cannabis pharmacy on tribal land located within
2358     the state.
2359          (b) An agreement described in Subsection (2)(a) may not exempt any person from the
2360     requirements of this chapter.
2361          (c) The governor shall ensure that an agreement described in Subsection (2)(a):
2362          (i) is in writing;
2363          (ii) is signed by:
2364          (A) the governor; and
2365          (B) the governing body of the tribe that the tribe designates and has the authority to
2366     bind the tribe to the terms of the agreement;
2367          (iii) states the effective date of the agreement;
2368          (iv) provides that the governor shall renegotiate the agreement if the agreement is or
2369     becomes inconsistent with a state statute; and
2370          (v) includes any accommodation that the tribe makes:
2371          (A) to which the tribe agrees; and
2372          (B) that is reasonably related to the agreement.
2373          (d) Before executing an agreement under this Subsection (2), the governor shall consult
2374     with the department.
2375          (e) At least 30 days before the execution of an agreement described in this Subsection
2376     (2), the governor or the governor's designee shall provide a copy of the agreement in the form
2377     in which the agreement will be executed to:
2378          (i) the chairs of the Native American Legislative Liaison Committee; and
2379          (ii) the Office of Legislative Research and General Counsel.
2380          Section 53. Section 26-61a-109, which is renumbered from Section 26-60b-109 is
2381     renumbered and amended to read:

2382          [26-60b-109].      26-61a-109. Qualified Patient Enterprise Fund -- Creation --
2383     Revenue neutrality.
2384          (1) There is created [in the General Fund a restricted account] an enterprise fund
2385     known as the ["Medical Cannabis Restricted Account."] "Qualified Patient Enterprise Fund."
2386          (2) The [account] fund created in this section is funded from:
2387          [(a) money deposited into the account by the Department of Agriculture and Food
2388     under Title 4, Chapter 41b, Cannabis Production Establishments;]
2389          [(b)] (a) money [deposited] the department deposits into the [account by the
2390     department] fund under this chapter;
2391          [(c)] (b) appropriations [made] the Legislature makes to the [account by the
2392     Legislature] fund; and
2393          [(d)] (c) the interest described in Subsection (3).
2394          (3) Interest earned on the [account is] fund shall be deposited [in] into the [account]
2395     fund.
2396          (4) [Money] The department may only use money in the [account may only be used]
2397     fund to fund the [state medical cannabis program, including Title 26, Chapter 60b, Medical
2398     Cannabis Act and Title 4, Chapter 41b, Cannabis Production Establishments] department's
2399     responsibilities under this chapter, except for the responsibilities described in Subsection
2400     26-61a-110(4).
2401          (5) The department shall set fees authorized under this chapter in amounts that the
2402     department anticipates are necessary, in total, to cover the department's cost to implement this
2403     chapter.
2404          Section 54. Section 26-61a-110 is enacted to read:
2405          26-61a-110. Qualified Distribution Enterprise Fund -- Creation.
2406          (1) There is created an enterprise fund known as the "Qualified Distribution Enterprise
2407     Fund."
2408          (2) The fund created in this section is funded from:
2409          (a) money the department deposits into the fund from the operation of the state central
2410     fill medical cannabis pharmacy under this chapter;
2411          (b) appropriations the Legislature makes to the fund; and
2412          (c) the interest described in Subsection (3).

2413          (3) Interest earned on the fund shall be deposited into the fund.
2414          (4) The department may only use money in the fund to fund the operation of the state
2415     central fill medical cannabis pharmacy.
2416          Section 55. Section 26-61a-111, which is renumbered from Section 26-60b-110 is
2417     renumbered and amended to read:
2418          [26-60b-110].      26-61a-111. Nondiscrimination for medical care or
2419     government employment.
2420          (1) For purposes of medical care, including an organ [and] or tissue [transplants, the
2421     use of cannabis by a patient who holds] transplant, a [medical cannabis card] patient's use, in
2422     accordance with this chapter, of cannabis in a medicinal dosage form or a cannabis product in a
2423     medicinal dosage form:
2424          (a) is considered the equivalent of the authorized use of any other medication used at
2425     the discretion of a physician; and
2426          (b) does not constitute the use of an illicit substance or otherwise disqualify an
2427     individual from needed medical care.
2428          [(2) No landlord may refuse to lease to and may not otherwise penalize a person solely
2429     for the person's status as a medical cannabis card holder, unless failing to do so would cause
2430     the landlord to lose a monetary or licensing-related benefit under federal law.]
2431          (2) (a) Notwithstanding any other provision of law and except as provided in
2432     Subsection (2)(b), the state or any political subdivision shall treat an employee's use of medical
2433     cannabis in accordance with this chapter or Section 58-37-3.7 in the same way the state or
2434     political subdivision treats employee use of opioids and opiates.
2435          (b) Subsection (2)(a) does not apply where application would jeopardize federal
2436     funding for the employee's position.
2437          Section 56. Section 26-61a-112 is enacted to read:
2438          26-61a-112. No insurance requirement.
2439          Nothing in this chapter requires an insurer, a third-party administrator, or an employer
2440     to pay or reimburse for cannabis, a cannabis product, or a medical cannabis device.
2441          Section 57. Section 26-61a-113 is enacted to read:
2442          26-61a-113. No effect on use of hemp extract -- Cannabidiol -- Approved drugs.
2443          (1) Nothing in this chapter prohibits an individual:

2444          (a) with a valid hemp extract registration card that the department issues under Section
2445     26-56-103 from possessing, administering, or using hemp extract in accordance with Section
2446     58-37-4.3; or
2447          (b) from purchasing, selling, possessing, or using a cannabidiol product in accordance
2448     with Section 4-41-402.
2449          (2) Nothing in this chapter restricts or otherwise affects the prescription, distribution,
2450     or dispensing of a product that the United States Food and Drug Administration has approved.
2451          Section 58. Section 26-61a-114 is enacted to read:
2452          26-61a-114. Severability clause.
2453          (1) If any provision of this title or this bill or the application of any provision of this
2454     title or this bill to any person or circumstance is held invalid by a final decision of a court of
2455     competent jurisdiction, the remaining provisions of this title and this bill remain effective
2456     without the invalidated provision or application.
2457          (2) The provisions of this title and this bill are severable.
2458          Section 59. Section 26-61a-201, which is renumbered from Section 26-60b-201 is
2459     renumbered and amended to read:
2460     
Part 2. Medical Cannabis Card Registration.

2461          [26-60b-201].      26-61a-201. Medical cannabis patient card -- Medical
2462     cannabis guardian card application -- Fees -- Studies.
2463          (1) [The Department of Health shall, no later than] On or before March 1, 2020, [and]
2464     the department shall, within 15 days after [an individual] the day on which an individual who
2465     satisfies the eligibility criteria in this section or Section 26-61a-202 submits an application in
2466     [compliance] accordance with this section[,] or Section 26-61a-202:
2467          (a) issue a medical cannabis patient card to an individual [who complies with this
2468     section.] described in Subsection (2)(a);
2469          (b) issue a medical cannabis guardian card to an individual described in Subsection
2470     (2)(b);
2471          (c) issue a provisional patient card to a minor described in Subsection (2)(c); and
2472          (d) issue a medical cannabis caregiver card to an individual described in Subsection
2473     26-61a-202(4).
2474          (2) (a) An individual is eligible for a medical cannabis patient card if:

2475          [(a)] (i) (A) the individual is at least [18] 21 years old[,]; or
2476          (B) the individual is 18, 19, or 20 years old, the individual petitions the compassionate
2477     use board under Section 26-61a-105, and the compassionate use board recommends department
2478     approval of the petition;
2479          (ii) the individual is a Utah resident[, and treatment with medical cannabis has been
2480     recommended by];
2481          (iii) the individual's [physician under] qualified medical provider recommends
2482     treatment with medical cannabis in accordance with Subsection (4); [or]
2483          (iv) the individual signs an acknowledgment stating that the individual received the
2484     information described in Subsection (8); and
2485          (v) the individual pays to the department a fee in an amount that, subject to Subsection
2486     26-61a-109(5), the department sets in accordance with Section 63J-1-504.
2487          (b) (i) [the individual] An individual is eligible for a medical cannabis guardian card if
2488     the individual:
2489          (A) is at least 18 years old;
2490          (B) is a Utah resident;
2491          (C) is the parent or legal guardian of a minor[, the individual is at least 18 years old,
2492     the individual is a Utah resident, and treatment with] for whom the minor's qualified medical
2493     provider recommends a medical cannabis [has been recommended by the minor's physician
2494     under Subsection (4)] treatment, the individual petitions the compassionate use board under
2495     Section 26-61a-105, and the compassionate use board recommends department approval of the
2496     petition;
2497          (D) the individual signs an acknowledgment stating that the individual received the
2498     information described in Subsection (8);
2499          (E) pays to the department a fee in an amount that, subject to Subsection
2500     26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the
2501     criminal background check described in Section 26-61a-203; and
2502          (F) the individual has not been convicted of a misdemeanor or felony drug distribution
2503     offense under either state or federal law, unless the individual completed any imposed sentence
2504     six months or more before the day on which the individual applies for a medical cannabis
2505     guardian card.

2506          (ii) The department shall notify the Department of Public Safety of each individual that
2507     the department registers for a medical cannabis guardian card.
2508          (c) (i) A minor is eligible for a provisional patient card if:
2509          (A) the minor has a qualifying condition;
2510          (B) the minor's qualified medical provider recommends a medical cannabis treatment
2511     to address the minor's qualifying condition;
2512          (C) the minor's parent or legal guardian petitions the compassionate use board under
2513     Section 26-61a-105, and the compassionate use board recommends department approval of the
2514     petition; and
2515          (D) the minor's parent or legal guardian is eligible for a medical cannabis guardian card
2516     under Subsection (2)(b).
2517          (ii) The department shall automatically issue a provisional patient card to the minor
2518     described in Subsection (2)(c)(i) at the same time the department issues a medical cannabis
2519     guardian card to the minor's parent or legal guardian.
2520          (3) (a) An individual who is eligible for a medical cannabis card [under] described in
2521     Subsection [(2)] (2)(a) or (b) shall submit an application for a medical cannabis card to the
2522     department [via]:
2523          (i) through an electronic application connected to the state electronic verification
2524     system[,];
2525          (ii) with the recommending [physician] qualified medical provider while in the
2526     recommending [physician's] qualified medical provider's office[,]; and [that includes]
2527          (iii) with information including:
2528          (A) the [individual's] applicant's name, gender, age, and address[.];
2529          (B) the number of the applicant's valid form of identification that is a valid United
2530     States federal- or state-issued photo identification, including a driver license, a United States
2531     passport, a United States passport card, or a United States military identification card;
2532          (C) for a medical cannabis guardian card, the name, gender, and age of the minor
2533     receiving a medical cannabis treatment under the cardholder's medical cannabis guardian card;
2534     and
2535          (D) for a provisional patient card, the name of the minor's parent or legal guardian who
2536     holds the associated medical cannabis guardian card.

2537          (b) The department shall ensure that a medical cannabis card the department issues
2538     under this section contains the information described in Subsection (3)(a)(iii).
2539          (c) (i) If a qualified medical provider determines that, because of age, illness, or
2540     disability, a medical cannabis patient cardholder requires assistance in administering the
2541     medical cannabis treatment that the qualified medical provider recommends, the qualified
2542     medical provider may indicate the cardholder's need in the state electronic verification system.
2543          (ii) If a qualified medical provider makes the indication described in Subsection
2544     (3)(c)(i):
2545          (A) the department shall add a label to the relevant medical cannabis patient card
2546     indicating the cardholder's need for assistance; and
2547          (B) any adult who is 21 years old or older and who is physically present with the
2548     cardholder at the time the cardholder needs to use the recommended medical cannabis
2549     treatment may handle the medical cannabis treatment and any associated medical cannabis
2550     device as needed to assist the cardholder in administering the recommended medical cannabis
2551     treatment, including in the event of an emergency medical condition under Subsection
2552     26-61a-204(2).
2553          (iii) A non-cardholding individual acting under Subsection (3)(c)(ii)(B) may not:
2554          (A) ingest or inhale medical cannabis;
2555          (B) possess, transport, or handle medical cannabis or a medical cannabis device outside
2556     of the immediate area where the cardholder is present or with an intent other than to provide
2557     assistance to the cardholder; or
2558          (C) possess, transport, or handle medical cannabis or a medical cannabis device when
2559     the cardholder is not in the process of being dosed with medical cannabis.
2560          (4) [A physician who recommends treatment with] To recommend a medical cannabis
2561     treatment to [an individual or minor] a patient or to renew a recommendation, a qualified
2562     medical provider shall:
2563          (a) before recommending cannabis in a medicinal dosage form or a cannabis product in
2564     a medicinal dosage form:
2565          (i) verify the patient's and, for a minor patient, the minor patient's parent or legal
2566     guardian's valid form of identification described in Subsection (3)(a);
2567          (ii) review any record related to the patient and, for a minor patient, the patient's parent

2568     or legal guardian in:
2569          (A) the state electronic verification system; and
2570          (B) the controlled substance database created in Section 58-37f-201; and
2571          (iii) consider the recommendation in light of the patient's qualifying condition and
2572     history of medical cannabis and controlled substance use; and
2573          [(a)] (b) state in the [physician's] qualified medical provider's recommendation that the
2574     [individual] patient:
2575          (i) suffers from a qualifying [illness] condition, including the type of qualifying
2576     [illness,] condition; and [that the individual]
2577          (ii) may benefit from treatment with cannabis in a medicinal dosage form or a cannabis
2578     product in a medicinal dosage form.[; and]
2579          [(b) before recommending cannabis or a cannabis product, look up the individual in the
2580     controlled substance database created in Section 58-37f-201.]
2581          (5) (a) [A] Except as provided in Subsection (5)(b), a medical cannabis card [issued
2582     by] that the department issues under this section is valid for the lesser of:
2583          (i) an amount of time [determined by] that the [physician] qualified medical provider
2584     determines; or
2585          (ii) (A) for the first issuance, 30 days; or
2586          (B) for a renewal, six months.
2587          (b) (i) A medical cannabis card that the department issues in relation to a terminal
2588     illness described in Section 26-61a-104 does not expire.
2589          (ii) The recommending qualified medical provider may revoke a recommendation that
2590     the provider made in relation to a terminal illness described in Section 26-61a-104 if the
2591     medical cannabis cardholder no longer has the terminal illness.
2592          (6) (a) A medical cannabis patient card or a medical cannabis guardian card is
2593     renewable if:
2594          (i) at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) or
2595     (b); or
2596          (ii) the cardholder received the medical cannabis card through the recommendation of
2597     the compassionate use board under Section 26-61a-105.
2598          (b) A cardholder described in Subsection (6)(a) may renew the cardholder's card:

2599          (i) using the application process described in Subsection (3); or
2600          (ii) through phone or video conference with the qualified medical provider who made
2601     the recommendation underlying the card, at the qualifying medical provider's discretion.
2602          (c) A cardholder under Subsection (2)(a) or (b) who renews the cardholder's card shall
2603     pay to the department a renewal fee in an amount that:
2604          (i) subject to Subsection 26-61a-109(5), the department sets in accordance with Section
2605     63J-1-504; and
2606          (ii) may not exceed the cost of the relatively lower administrative burden of renewal in
2607     comparison to the original application process.
2608          (d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional
2609     patient card renews automatically at the time the minor's parent or legal guardian renews the
2610     parent or legal guardian's associated medical cannabis guardian card.
2611          (e) The department may revoke a medical cannabis guardian card if the cardholder
2612     under Subsection (2)(b) is convicted of a misdemeanor or felony drug distribution offense
2613     under either state or federal law.
2614          [(6)] (7) (a) [An individual who has been issued a medical cannabis card] A cardholder
2615     under this section [may: (a)] shall carry [a] the cardholder's valid medical cannabis card with
2616     the patient's name[;].
2617          (b) (i) A medical cannabis patient cardholder or a provisional patient cardholder may
2618     purchase, in accordance with this chapter and the recommendation underlying the card,
2619     cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a
2620     medical cannabis device.
2621          (ii) A cardholder under this section may possess[, and] or transport, in accordance with
2622     this chapter and the recommendation underlying the card, cannabis in a medicinal dosage form,
2623     a cannabis product in a medicinal dosage form, or a medical cannabis device[;].
2624          [(c)] (iii) [use or assist with the use of medical cannabis or medical cannabis products
2625     to treat] To address the qualifying [illness or symptoms associated with the qualifying illness of
2626     the person for whom medical cannabis has been recommended] condition underlying the
2627     medical cannabis treatment recommendation:
2628          (A) a medical cannabis patient cardholder or a provisional patient cardholder may use
2629     cannabis in a medicinal dosage form, a medical cannabis product in a medicinal dosage form,

2630     or a medical cannabis device; and
2631          (B) a medical cannabis guardian cardholder may assist the associated provisional
2632     patient cardholder with the use of cannabis in a medicinal dosage form, a medical cannabis
2633     product in a medicinal dosage form, or a medical cannabis device.
2634          [(d)] (c) If neither a licensed medical cannabis pharmacy nor the state central fill
2635     medical cannabis pharmacy is operating within the state after January 1, 2021[, if a licensed
2636     cannabis dispensary is not operating within 100 miles of the medical cannabis card holder's
2637     primary residence, grow up to six cannabis plants for personal medical use within an enclosed
2638     and locked space and not within view from a public place and that is not within 600 feet of a
2639     community location or within 300 feet of an area zoned exclusively for residential use, as
2640     measured from the nearest entrance to the space and following the shortest route or ordinary
2641     pedestrian travel to the property boundary of the community location or residential area.] a
2642     cardholder under this section is not subject to prosecution for the possession of:
2643          (i) no more than 113 grams of marijuana in a medicinal dosage form;
2644          (ii) an amount of cannabis product in a medicinal dosage form that contains no more
2645     than 20 grams of tetrahydrocannabinol; or
2646          (iii) marijuana drug paraphernalia.
2647          (8) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
2648     Utah Administrative Rulemaking Act, a process to provide information regarding the following
2649     to an individual receiving a medical cannabis card:
2650          (a) risks associated with medical cannabis treatment;
2651          (b) the fact that a condition's listing as a qualifying condition does not suggest that
2652     medical cannabis treatment is an effective treatment or cure for that condition, as described in
2653     Subsection 26-61a-104(1); and
2654          (c) other relevant warnings and safety information that the department determines.
2655          [(7)] (9) The department may establish procedures[,] by rule, in accordance with Title
2656     63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the [medical cannabis
2657     card] application and issuance provisions of this section.
2658          [(8)] (10) (a) A person may submit, to the department[,] a request to conduct a medical
2659     research study using medical cannabis cardholder data [contained in] that the state electronic
2660     verification system contains.

2661          (b) The department shall review a request [submitted under] described in Subsection
2662     [(8)(a)] (10)(a) to determine [if] whether the medical research study is valid.
2663          (c) If the department [determines] makes a determination under Subsection (10)(b) that
2664     the medical research study is valid [under Subsection (8)(b)], the department shall notify [a]
2665     each relevant [medical cannabis] cardholder asking for the [medical cannabis] cardholder's
2666     [participation] consent to participate in the study.
2667          (d) The department may release, for the purposes of a study described in this
2668     Subsection (10), information about a [medical cannabis] cardholder under this section who
2669     consents to [participation] participate under Subsection [(8)(c)] (10)(c).
2670          (e) The department may establish standards for a medical research study's validity, by
2671     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2672          Section 60. Section 26-61a-202, which is renumbered from Section 26-60b-202 is
2673     renumbered and amended to read:
2674          [26-60b-202].      26-61a-202. Medical cannabis caregiver card -- Registration
2675     -- Renewal -- Revocation.
2676          (1) [An individual] A cardholder described in Section 26-61a-201 may designate up to
2677     two individuals to serve as a designated [caregivers] caregiver for the [individual] cardholder
2678     if[:]
2679          [(a) the individual has a valid medical cannabis card under Section 26-60b-201; and]
2680          [(b) a physician] a qualified medical provider determines that, due to physical difficulty
2681     or undue hardship, the [individual] cardholder needs assistance to obtain the medical cannabis
2682     [or a cannabis product from a cannabis dispensary] treatment that the qualified medical
2683     provider recommends.
2684          (2) An individual [registered] that the department registers as a designated caregiver
2685     under this section:
2686          (a) may[: (a)] carry a valid medical cannabis caregiver card [with the designating
2687     patient's name and the designated caregiver's name];
2688          (b) [purchase, possess, and transport,] in accordance with this chapter, may purchase,
2689     possess, transport, or assist the patient in the use of cannabis in a medicinal dosage form, a
2690     cannabis product in a medicinal dosage form, or a medical cannabis device on behalf of the
2691     designating [patient] medical cannabis cardholder;

2692          (c) may not charge a fee to an individual to act as the individual's designated caregiver
2693     or for a service that the designated caregiver provides in relation to the role as a designated
2694     caregiver;
2695          [(c)] (d) may accept reimbursement from the designating [patient] medical cannabis
2696     cardholder for direct costs [incurred by] the designated caregiver incurs for assisting with the
2697     designating [patient's] cardholder's medicinal use of cannabis; and
2698          [(d)] (e) [after January 1, 2021,] if neither a licensed medical cannabis [dispensary]
2699     pharmacy nor the state central fill medical cannabis pharmacy is [not] operating within [100
2700     miles of the designating patient's primary residence, assist the designating patient with growing
2701     up to six cannabis plants for personal medicinal use within an enclosed and locked space and
2702     not within view from a public place and that is not within 600 feet of a community location or
2703     within 300 feet of an area zoned exclusively for residential use, as measured from the nearest
2704     entrance to the space and following the shortest route or ordinary pedestrian travel to the
2705     property boundary of the community location or residential area.] the state after January 1,
2706     2021, is not subject to prosecution for the possession of:
2707          (i) no more than 113 grams of marijuana in a medicinal dosage form;
2708          (ii) an amount of cannabis product in a medicinal dosage form that contains no more
2709     than 20 grams of tetrahydrocannabinol; or
2710          (iii) marijuana drug paraphernalia.
2711          (3) (a) The department shall[,]:
2712          (i) within [30] 15 days after the day on which an individual submits an application in
2713     compliance with this section, issue a medical cannabis card to [an individual designated as a
2714     caregiver under Subsection (1) and who complies with this section.] the applicant if the
2715     applicant:
2716          (A) is designated as a caregiver under Subsection (1);
2717          (B) is eligible for a medical cannabis caregiver card under Subsection (4); and
2718          (C) complies with this section; and
2719          (ii) notify the Department of Public Safety of each individual that the department
2720     registers as a designated caregiver.
2721          (b) The department shall ensure that a medical cannabis caregiver card contains the
2722     information described in Subsection (5)(b).

2723          (4) An individual is eligible for a medical cannabis [card as a designated] caregiver
2724     card if the individual:
2725          (a) is at least [18] 21 years old;
2726          (b) is a Utah resident;
2727          (c) pays[,] to the department[,] a fee [established by] in an amount that, subject to
2728     Subsection 26-61a-109(5),
the department sets in accordance with Section 63J-1-504, plus the
2729     cost of [a] the criminal background check [required by] described in Section [26-60b-203; and]
2730     26-61a-203;
2731          (d) signs an acknowledgment stating that the applicant received the information
2732     described in Subsection 26-61a-201(8); and
2733          [(d)] (e) has not been convicted of [an] a misdemeanor or felony drug distribution
2734     offense that is a felony under either state or federal law, unless the individual completes any
2735     imposed sentence [imposed was completed seven] two or more years [earlier] before the day on
2736     which the individual submits the application.
2737          (5) An [individual who is] eligible applicant for a medical cannabis caregiver card[ as a
2738     designated caregiver] shall:
2739          (a) submit an application for a medical cannabis caregiver card to the department [via]
2740     through an electronic application connected to the state electronic verification system; and
2741     [shall include the individual's]
2742          (b) submit the following information in the application described in Subsection (5)(a):
2743          (i) the applicant's name, gender, age, and address [and];
2744          (ii) the name, gender, age, and address of the [patient that] cardholder described in
2745     Section 26-61a-201 who designated the [individual under Subsection (1).] applicant; and
2746          (iii) if a medical cannabis guardian cardholder designated the caregiver, the name,
2747     gender, and age of the minor receiving a medical cannabis treatment in relation to the medical
2748     cannabis guardian cardholder.
2749          (6) [A] Except as provided in Subsection (6)(b), a medical cannabis caregiver card
2750     [issued by] that the department issues under this section is valid for the lesser of:
2751          (a) an amount of time [determined by the physician, by the patient, or 6 months.] that
2752     the cardholder described in Section 26-61a-201 who designated the caregiver determines; or
2753          (b) the amount of time remaining before the card of the cardholder described in Section

2754     26-61a-201 expires.
2755          (7) [A medical cannabis card is renewable for a designated caregiver if, at the time of
2756     renewal:]
2757          [(a) the individual with a medical cannabis card described in Subsection (1) renews the
2758     caregiver's designation; and]
2759          [(b) the]
2760          (a) If a designated caregiver meets the requirements of Subsection (4)[.], the designated
2761     caregiver's medical cannabis caregiver card renews automatically at the time the cardholder
2762     described in Section 26-61a-201 who designated the caregiver:
2763          (i) renews the cardholder's card; and
2764          (ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
2765          (b) The department shall provide a method in the card renewal process to allow a
2766     cardholder described in Section 26-61a-201 who has designated a caregiver to:
2767          (i) signify that the cardholder renews the caregiver's designation;
2768          (ii) remove a caregiver's designation; or
2769          (iii) designate a new caregiver.
2770          [(8) A designated caregiver may not charge an individual a fee to act as the individual's
2771     designated caregiver or for services provided.]
2772          [(9)] (8) The [Department of Health] department may revoke a [designated caregiver's]
2773     medical cannabis caregiver card if the [individual] designated caregiver:
2774          (a) violates this chapter; or
2775          (b) is convicted [of an offense that is a felony] under [either] state or federal law of:
2776          (i) a felony; or
2777          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
2778          Section 61. Section 26-61a-203, which is renumbered from Section 26-60b-203 is
2779     renumbered and amended to read:
2780          [26-60b-203].      26-61a-203. Designated caregiver -- Guardian -- Criminal
2781     background check.
2782          (1) [An individual registered as a designated caregiver] Each applicant for a medical
2783     cannabis guardian card under Section [26-60b-202] 26-61a-201 or a medical cannabis
2784     caregiver card under Section 26-61a-202 shall:

2785          (a) submit [to a criminal background check in accordance with Subsection (2).(2) Each
2786     designated caregiver shall] to the department, at the time of application:
2787          [(a)] (i) [submit, to the department,] a fingerprint card in a form acceptable to the
2788     [department and the] Department of Public Safety; and
2789          (ii) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2790     registration of the applicant's fingerprints in the Federal Bureau of Investigation Next
2791     Generation Identification System's Rap Back Service; and
2792          (b) consent to a fingerprint background check by:
2793          (i) the [Utah] Bureau of Criminal Identification; and
2794          (ii) the Federal Bureau of Investigation.
2795          [(3)] (2) The [Department of Public Safety] Bureau of Criminal Identification shall:
2796          (a) [complete a Federal Bureau of Investigation Criminal Background Check for each
2797     designated caregiver] check the fingerprints the applicant submits under Subsection [(2) and]
2798     (1)(a) against the applicable state, regional, and national criminal records databases, including
2799     the Federal Bureau of Investigation Next Generation Identification System;
2800          (b) report the results of the background check to the department[.];
2801          (c) maintain a separate file of fingerprints that applicants submit under Subsection
2802     (1)(a) for search by future submissions to the local and regional criminal records databases,
2803     including latent prints;
2804          (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2805     Generation Identification System's Rap Back Service for search by future submissions to
2806     national criminal records databases, including the Next Generation Identification System and
2807     latent prints; and
2808          (e) establish a privacy risk mitigation strategy to ensure that the department only
2809     receives notifications for an individual with whom the department maintains an authorizing
2810     relationship.
2811          (3) The department shall:
2812          (a) assess an applicant who submits fingerprints under Subsection (1)(a) a fee in an
2813     amount that the department sets in accordance with Section 63J-1-504 for the services that the
2814     Bureau of Criminal Identification or another authorized agency provides under this section; and
2815          (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal

2816     Identification.
2817          Section 62. Section 26-61a-204, which is renumbered from Section 26-60b-204 is
2818     renumbered and amended to read:
2819          [26-60b-204].      26-61a-204. Medical cannabis card -- Patient and designated
2820     caregiver requirements -- Rebuttable presumption.
2821          (1) (a) [An individual who has a] A medical cannabis [card and] cardholder who
2822     possesses cannabis in a medicinal dosage form or a cannabis product [outside of] in a
2823     medicinal dosage form that the [individual's residence] cardholder purchased under this chapter
2824     shall:
2825          [(a)] (i) carry[, with the individual] at all times[,] the [individual's] cardholder's
2826     medical cannabis card;
2827          [(b)] (ii) carry, with the cannabis in a medicinal dosage form or cannabis product in a
2828     medicinal dosage form, a label that identifies that the cannabis or cannabis product:
2829          (A) was [originally] sold from a licensed medical cannabis [dispensary and] pharmacy
2830     or the state central fill medical cannabis pharmacy; and
2831          (B) includes an identification number that links the cannabis or cannabis product to the
2832     inventory control system; and
2833          [(c)] (iii) possess not more than [four ounces]:
2834          (A) 113 grams of unprocessed cannabis; or
2835          (B) an amount of cannabis product that contains 20 [or fewer] grams of total composite
2836     tetrahydrocannabinol [or cannabidiol].
2837          (b) A medical cannabis cardholder who possesses cannabis in a medicinal dosage form
2838     or a cannabis product in a medicinal dosage form in violation of Subsection (1)(a) is:
2839          (i) guilty of an infraction; and
2840          (ii) subject to a $100 fine.
2841          (c) A medical cannabis cardholder who possesses between 113 and 226 grams of
2842     unprocessed cannabis or a total amount of cannabis product that contains between 20 and 40
2843     grams of total composite tetrahydrocannabinol is:
2844          (i) guilty of a class B misdemeanor; and
2845          (ii) subject to a fine of $1,000.
2846          (d) An individual who is guilty of a violation described in Subsection (1)(b) or (c) is

2847     not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
2848     conduct underlying the penalty described in Subsection (1)(b) or (c).
2849          (e) A medical cannabis cardholder who possesses more than 226 grams of unprocessed
2850     cannabis or a total amount of cannabis product that contains more than 40 grams of total
2851     composite tetrahydrocannabinol is subject to the penalties described in Title 58, Chapter 37,
2852     Utah Controlled Substances Act.
2853          (2) (a) As used in this Subsection (2), "emergency medical condition" means the same
2854     as that term is defined in Section 31A-22-627.
2855          [(a)] (b) Except as described in Subsection [(2)(b), an individual who has] (2)(c), a
2856     medical cannabis [card] patient cardholder or a provisional patient cardholder may not use, in
2857     public view, cannabis or a cannabis product [in public view].
2858          [(b)] (c) [An] In the event of an emergency medical condition, an individual described
2859     in Subsection (2)(b) may use [cannabis or a cannabis product], and the holder of a medical
2860     cannabis guardian card or a medical cannabis caregiver card may administer to the cardholder's
2861     charge, in public view [in the event of a medical emergency], cannabis in a medicinal dosage
2862     form or a cannabis product in a medicinal dosage form.
2863          (3) If [an individual] a medical cannabis cardholder carrying the cardholder's card
2864     possesses cannabis in a medicinal dosage form or a cannabis product in compliance with
2865     Subsection (1), or a medical cannabis device that corresponds with the cannabis or cannabis
2866     product:
2867          (a) there is a rebuttable presumption that the [individual] cardholder possesses the
2868     cannabis, cannabis product, or medical cannabis device legally; and
2869          (b) [a law enforcement officer does not have] there is no probable cause, based solely
2870     on the [individual's] cardholder's possession of the cannabis in medicinal dosage form,
2871     cannabis product in medicinal dosage form, or medical cannabis device, to believe that the
2872     [individual] cardholder is engaging in illegal activity.
2873          (4) (a) If a law enforcement officer stops an individual who possesses cannabis in a
2874     medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis
2875     device, and the individual represents to the law enforcement officer that the individual holds a
2876     valid medical cannabis card, but the individual does not have the medical cannabis card in the
2877     individual's possession at the time of the stop by the law enforcement officer, the law

2878     enforcement officer shall attempt to access the state electronic verification system to determine
2879     whether the individual holds a valid medical cannabis card.
2880          (b) If the law enforcement officer is able to verify that the individual described in
2881     Subsection (4)(a) [holds] is a valid medical cannabis [card] cardholder, the law enforcement
2882     officer:
2883          (i) may not arrest or take the individual into custody for the sole reason that the
2884     individual is in possession of cannabis in a medicinal dosage form, a cannabis product in a
2885     medicinal dosage form, or a medical cannabis device; and
2886          (ii) may not seize the cannabis, cannabis product, or medical cannabis device.
2887          [(5) An individual who possesses cannabis, a cannabis product, or a medical cannabis
2888     device in violation of Subsection (1)(a) or Subsection 1(b) is guilty of an infraction and subject
2889     to a $100 fine.]
2890          Section 63. Section 26-61a-205 is enacted to read:
2891          26-61a-205. Lost or stolen medical cannabis card.
2892          (1) If a medical cannabis card is lost or stolen, the medical cannabis cardholder shall
2893     report the lost or stolen card to the department.
2894          (2) Upon receiving the report described in Subsection (1), the department shall
2895     designate the medical cannabis card as lost or stolen in the state electronic verification system.
2896          (3) A medical cannabis pharmacy agent or a local health department distribution agent
2897     may confiscate a medical cannabis card that is designated as lost or stolen in accordance with
2898     Subsection (2) if an individual presents the card at the relevant medical cannabis pharmacy or
2899     local health department.
2900          (4) To request a new medical cannabis card, the medical cannabis cardholder described
2901     in Subsection (1) shall:
2902          (a) complete a form that the department designates; and
2903          (b) pay a fee in an amount that, subject to Subsection 26-61a-109(5), the department
2904     sets in accordance with Section 63J-1-504.
2905          Section 64. Section 26-61a-301, which is renumbered from Section 26-60b-301 is
2906     renumbered and amended to read:
2907     
Part 3. Medical Cannabis Pharmacy License.

2908          [26-60b-301].      26-61a-301. Medical cannabis pharmacy -- License --

2909     Eligibility.
2910          (1) A person may not operate as a medical cannabis [dispensary] pharmacy without a
2911     license [issued by] that the department [issued] issues under this part.
2912          (2) (a) Subject to [Subsections (5)] Subsections (4) and (5) and to Section
2913     [26-60b-304] 26-61a-305, the department shall, [within 90 business days after receiving a
2914     complete application] in accordance with Title 63G, Chapter 6a, Utah Procurement Code, issue
2915     a license to operate a medical cannabis [dispensary] pharmacy to [a person who] an applicant
2916     who is eligible for a license under this section.
2917          (b) An applicant is eligible for a license under this section if the applicant submits to
2918     the department:
2919          [(a)] (i) subject to Subsection (2)(c), a proposed name and address where the [person]
2920     applicant will operate the medical cannabis [dispensary] pharmacy [that is not within 600 feet
2921     of a community location or within 300 feet of an area zoned exclusively for residential use, as
2922     measured from the nearest entrance to the cannabis production establishment by following the
2923     shortest route of ordinary pedestrian travel to the property boundary of the community location
2924     or residential area];
2925          [(b)] (ii) the name and address of [any] an individual who:
2926          (A) has a financial or voting interest of [two percent] 2% or greater in the proposed
2927     medical cannabis [dispensary] pharmacy; or [who]
2928          (B) has the power to direct or cause the management or control of a proposed cannabis
2929     production establishment;
2930          [(c)] (iii) [financial statements demonstrating that the person possesses a minimum of
2931     $250,000 in liquid assets available] evidence that the applicant has obtained and maintains a
2932     performance bond that a surety authorized to transact surety business in the state issues in an
2933     amount of at least $125,000 for each application [submitted] that the applicant submits to the
2934     department;
2935          [(d)] (iv) an operating plan that:
2936          (A) complies with Section [26-60b-303] 26-61a-304; and [that]
2937          (B) includes operating procedures to comply with the operating requirements for a
2938     medical cannabis [dispensary] pharmacy described in this chapter and with[ any laws adopted
2939     by the municipality] a relevant municipal or county law that [are] is consistent with Section

2940     [26-60b-506] 26-61a-507;
2941          [(e) if the municipality or county where the proposed cannabis production
2942     establishment would be located has enacted zoning restrictions, a sworn statement certifying
2943     that the proposed cannabis dispensary is in compliance with the restrictions;]
2944          [(f)] (v) if the municipality or county where the proposed medical cannabis
2945     [dispensary] pharmacy would be located requires a local land use permit [or license], a copy of
2946     the person's approved application for the local land use permit [or license]; and
2947          [(g)] (vi) an application fee [established by] in an amount that, subject to Subsection
2948     26-61a-109(5), the department sets in accordance with Section 63J-1-504 [that is necessary to
2949     cover the department's cost to implement this part;].
2950          (c) (i) A person may not locate a medical cannabis pharmacy in or within 600 feet of an
2951     area that the relevant municipality or county has zoned as primarily residential.
2952          (ii) An applicant for a license under this section shall provide evidence of compliance
2953     with the proximity requirement described in Subsection (2)(c)(i).
2954          (d) Except as provided in Subsection (2)(c), a medical cannabis pharmacy is a
2955     permitted use in all zoning districts within a municipality or county.
2956          (e) If the department receives more than one application for a medical cannabis
2957     pharmacy within the same city or town, the department shall consult with the local land use
2958     authority before approving any of the applications pertaining to that city or town.
2959          [(4)] (3) If the department determines that [a cannabis dispensary] an applicant is
2960     eligible for a license under this section, the department shall:
2961          (a) charge the [cannabis dispensary] applicant an initial license fee in an amount
2962     [determined by] that, subject to Subsection 26-61a-109(5), the department sets in accordance
2963     with Section 63J-1-504[.]; and
2964          (b) notify the Department of Public Safety of the license approval and the names of
2965     each individual described in Subsection (2)(b)(ii).
2966          [(5)] (4) The department may not issue a license to operate a medical cannabis
2967     [dispensary] pharmacy to an applicant if [any] an individual [who has a financial or voter
2968     interest of two percent or greater in the cannabis dispensary applicant or who has power to
2969     direct or cause the management or control of the applicant] described in Subsection (2)(b)(ii):
2970          (a) has been convicted [of an offense that is a felony] under [either] state or federal

2971     law[; or] of:
2972          (i) a felony; or
2973          (ii) after the effective date of this bill, a misdemeanor for drug distribution; or
2974          (b) is [less] younger than 21 years [of age] old.
2975          (5) If an applicant for a medical cannabis pharmacy license under this section holds a
2976     license under Title 4, Chapter 41, Hemp and Cannabidiol Act, or Title 4, Chapter 41a,
2977     Cannabis Production Establishments, the department:
2978          (a) shall consult with the Department of Agriculture and Food regarding the applicant;
2979     and
2980          (b) may not give preference to the applicant based on the applicant's status as a holder
2981     of a license described in this Subsection (5).
2982          (6) The department may revoke a license under this part if:
2983          (a) the medical cannabis [dispensary is not operating] pharmacy does not begin
2984     operations within one year [of the issuance of] after the day on which the department issues the
2985     initial license[.];
2986          (b) the medical cannabis pharmacy makes the same violation of this chapter three
2987     times; or
2988          (c) an individual described in Subsection (2)(a)(ii) is convicted, while the license is
2989     active, under state or federal law of:
2990          (i) a felony; or
2991          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
2992          (7) The department shall deposit the proceeds of a fee imposed by this section in the
2993     [Medical Cannabis Restricted] Qualified Patient Enterprise Account.
2994          (8) The department shall begin accepting applications under this part [no later than] on
2995     or before March 1, 2020.
2996          (9) The department's authority to issue a license under this section is plenary and is not
2997     subject to review.
2998          Section 65. Section 26-61a-302, which is renumbered from Section 26-60b-402 is
2999     renumbered and amended to read:
3000          [26-60b-402].      26-61a-302. Medical cannabis pharmacy owners and
3001     directors -- Criminal background checks.

3002          (1) Each applicant for a license as a medical cannabis pharmacy shall submit, at the
3003     time of application, from each individual who has a financial or voting interest of [two percent]
3004     2% or greater in the applicant or who has the power to direct or cause the management or
3005     control of the applicant:
3006          (a) a fingerprint card in a form acceptable to the [department; and] Department of
3007     Public Safety;
3008          (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
3009     registration of the individual's fingerprints in the Federal Bureau of Investigation Next
3010     Generation Identification System's Rap Back Service; and
3011          [(b)] (c) consent to a fingerprint background check by:
3012          (i) the [Utah] Bureau of Criminal Identification; and
3013          (ii) the Federal Bureau of Investigation.
3014          [(2) The department shall request that the Department of Public Safety complete a
3015     Federal Bureau of Investigation criminal background check for each individual described in
3016     Subsection (1).]
3017          (2) The Bureau of Criminal Identification shall:
3018          (a) check the fingerprints the applicant submits under Subsection (1) against the
3019     applicable state, regional, and national criminal records databases, including the Federal
3020     Bureau of Investigation Next Generation Identification System;
3021          (b) report the results of the background check to the department;
3022          (c) maintain a separate file of fingerprints that applicants submit under Subsection (1)
3023     for search by future submissions to the local and regional criminal records databases, including
3024     latent prints;
3025          (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
3026     Generation Identification System's Rap Back Service for search by future submissions to
3027     national criminal records databases, including the Next Generation Identification System and
3028     latent prints; and
3029          (e) establish a privacy risk mitigation strategy to ensure that the department only
3030     receives notifications for an individual with whom the department maintains an authorizing
3031     relationship.
3032          (3) The department shall:

3033          (a) assess an individual who submits fingerprints under Subsection (1) a fee in an
3034     amount that the department sets in accordance with Section 63J-1-504 for the services that the
3035     Bureau of Criminal Identification or another authorized agency provides under this section; and
3036          (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
3037     Identification.
3038          Section 66. Section 26-61a-303, which is renumbered from Section 26-60b-302 is
3039     renumbered and amended to read:
3040          [26-60b-302].      26-61a-303. Renewal.
3041          (1) [Except as provided in Subsection (3), the] The department shall renew a [person's]
3042     license under this part every [two years] year if, at the time of renewal:
3043          (a) the [person] licensee meets the requirements of Section [26-60b-301] 26-61a-301;
3044     and
3045          (b) the [person] licensee pays the department a license renewal fee in an amount
3046     [determined by] that, subject to Subsection 26-61a-109(5), the department sets in accordance
3047     with Section 63J-1-504.
3048          (2) (a) If a licensed medical cannabis [dispensary] pharmacy abandons the medical
3049     cannabis [dispensary's] pharmacy's license, the department shall publish notice of an available
3050     license:
3051          (i) in a newspaper of general circulation for the geographic area in which the medical
3052     cannabis [dispensary] pharmacy license is available; or
3053          (ii) on the Utah Public Notice Website established in Section 63F-1-701.
3054          (b) The department may establish criteria, in collaboration with the Division of
3055     Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
3056     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, [for what actions by a] to identify
3057     the medical cannabis [dispensary] pharmacy actions that constitute abandonment of a medical
3058     cannabis [dispensary] pharmacy license.
3059          Section 67. Section 26-61a-304, which is renumbered from Section 26-60b-303 is
3060     renumbered and amended to read:
3061          [26-60b-303].      26-61a-304. Operating plan.
3062          [(1)] A person applying for a medical cannabis [dispensary] pharmacy license shall
3063     submit to the department a proposed operation plan for the medical cannabis [dispensary]

3064     pharmacy that complies with this section and that includes:
3065          [(a)] (1) a description of the physical characteristics of the proposed facility, including
3066     a floor plan and an architectural elevation;
3067          [(b)] (2) a description of the credentials and experience of:
3068          [(i)] (a) each officer, director, or owner of the proposed medical cannabis [dispensary]
3069     pharmacy; and
3070          [(ii)] (b) any highly skilled or experienced prospective employee;
3071          [(c)] (3) the medical cannabis [dispensary's] pharmacy's employee training standards;
3072          [(d)] (4) a security plan; [and]
3073          [(e)] (5) a description of the medical cannabis [dispensary's] pharmacy's inventory
3074     control system, including a plan to make the inventory control system compatible with the state
3075     electronic verification system[.]; and
3076          (6) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
3077     manner that is sanitary and preserves the integrity of the cannabis.
3078          Section 68. Section 26-61a-305, which is renumbered from Section 26-60b-304 is
3079     renumbered and amended to read:
3080          [26-60b-304].      26-61a-305. Maximum number of licenses.
3081          (1) (a) [The] Except as provided in Subsection (1)(b), the department may not issue
3082     more than [the greater of, in each county in the state:] seven medical cannabis pharmacy
3083     licenses.
3084          [(a) one cannabis dispensary license; or]
3085          [(b) an amount of cannabis dispensary licenses equal to the number of residents in the
3086     county divided by 150,000, rounded up to the nearest greater whole number.]
3087          (b) (i) In addition to the licenses described in Subsection (1)(a), the department shall
3088     issue an eighth license if the state central fill medical cannabis pharmacy:
3089          (A) is not operational by January 1, 2021; or
3090          (B) ceases operations after January 1, 2021.
3091          (ii) In addition to the licenses described in Subsections (1)(a) and (1)(b)(i), the
3092     department shall issue a ninth license if the state central fill medical cannabis pharmacy:
3093          (A) is not operational by July 1, 2021; or
3094          (B) ceases operations after July 1, 2021.

3095          (iii) In addition to the licenses described in Subsections (1)(a), (1)(b)(i), and (1)(b)(ii),
3096     the department shall issue a tenth license if the state central fill medical cannabis pharmacy:
3097          (A) is not operational by January 1, 2022; or
3098          (B) ceases operations after January 1, 2022.
3099          (iv) The department shall issue the licenses described in Subsection (1)(b)(i), (ii), and
3100     (iii), if a final order of a court enjoins or invalidates the operation of the state central fill
3101     medical cannabis pharmacy.
3102          (2) If there are more qualified applicants than there are available licenses for medical
3103     cannabis [dispensaries] pharmacies, the department shall:
3104          (a) evaluate [the applicants] each applicant and award the license to the applicant that
3105     best demonstrates:
3106          [(a)] (i) experience with establishing and successfully operating a business that
3107     involves complying with a regulatory environment, tracking inventory, and training, evaluating,
3108     and monitoring employees;
3109          [(b)] (ii) an operating plan that will best ensure the safety and security of patrons and
3110     the community;
3111          [(c)] (iii) positive connections to the local community;
3112          [(d)] (iv) the suitability of the proposed location and [its] the location's accessibility for
3113     qualifying patients; and
3114          [(e)] (v) the extent to which the applicant can reduce the cost of cannabis or cannabis
3115     products for patients[.]; and
3116          (b) ensure a geographic dispersal among licensees that is sufficient to reasonably
3117     maximize access to the largest number of medical cannabis cardholders.
3118          (3) The department may conduct a face-to-face interview with an applicant for a
3119     license that the department evaluates under Subsection (2).
3120          Section 69. Section 26-61a-401, which is renumbered from Section 26-60b-401 is
3121     renumbered and amended to read:
3122     
Part 4. Medical Cannabis Pharmacy Agents

3123          [26-60b-401].      26-61a-401. Medical cannabis pharmacy agent --
3124     Registration.
3125          (1) An individual may not serve as a medical cannabis [dispensary] pharmacy agent of

3126     a medical cannabis [dispensary] pharmacy unless [the individual is registered by] the
3127     department registers the individual as a medical cannabis [dispensary] pharmacy agent.
3128          (2) [A physician] Except as provided in Section 26-61a-403, the following individuals,
3129     regardless of the individual's status as a qualified medical provider, may not act as a medical
3130     cannabis [dispensary] pharmacy agent[.], have a financial or voting interest of 2% or greater in
3131     a medical cannabis pharmacy, or have the power to direct or cause the management or control
3132     of a medical cannabis pharmacy:
3133          (a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
3134     Practice Act;
3135          (b) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
3136     58, Chapter 68, Utah Osteopathic Medical Practice Act; or
3137          (c) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
3138          (3) (a) The department shall, within 15 days after [receiving] the day on which the
3139     department receives a complete application from a medical cannabis [dispensary] pharmacy on
3140     behalf of a prospective medical cannabis [dispensary] pharmacy agent, register and issue a
3141     medical cannabis [dispensary] pharmacy agent registration card to [an individual who] the
3142     prospective agent if the medical cannabis pharmacy:
3143          [(a)] (i) provides to the department:
3144          (A) the [individual's] prospective agent's name and address [and];
3145          (B) the name and location of the licensed medical cannabis [dispensary] pharmacy
3146     where the [individual] prospective agent seeks to act as the medical cannabis [dispensary]
3147     pharmacy agent; [and]
3148          (C) the submission required under Subsection (3)(b); and
3149          [(b)] (ii) pays a fee to the department[,] in an amount [determined by] that, subject to
3150     Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504[, that is
3151     necessary to cover the department's cost to implement this part].
3152          (b) Each prospective agent described in Subsection (3)(a) shall:
3153          (i) submit to the department:
3154          (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
3155          (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
3156     registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next

3157     Generation Identification System's Rap Back Service; and
3158          (ii) consent to a fingerprint background check by:
3159          (A) the Bureau of Criminal Identification; and
3160          (B) the Federal Bureau of Investigation.
3161          (c) The Bureau of Criminal Identification shall:
3162          (i) check the fingerprints the prospective agent submits under Subsection (3)(b) against
3163     the applicable state, regional, and national criminal records databases, including the Federal
3164     Bureau of Investigation Next Generation Identification System;
3165          (ii) report the results of the background check to the department;
3166          (iii) maintain a separate file of fingerprints that prospective agents submit under
3167     Subsection (3)(b) for search by future submissions to the local and regional criminal records
3168     databases, including latent prints;
3169          (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
3170     Generation Identification System's Rap Back Service for search by future submissions to
3171     national criminal records databases, including the Next Generation Identification System and
3172     latent prints; and
3173          (v) establish a privacy risk mitigation strategy to ensure that the department only
3174     receives notifications for an individual with whom the department maintains an authorizing
3175     relationship.
3176          (d) The department shall:
3177          (i) assess an individual who submits fingerprints under Subsection (3)(b) a fee in an
3178     amount that the department sets in accordance with Section 63J-1-504 for the services that the
3179     Bureau of Criminal Identification or another authorized agency provides under this section; and
3180          (ii) remit the fee described in Subsection (3)(d) to the Bureau of Criminal
3181     Identification.
3182          (4) The department shall designate, on an individual's medical cannabis [dispensary]
3183     pharmacy agent registration card[,] the name of the medical cannabis [dispensary] pharmacy
3184     where the individual is registered as an agent.
3185          (5) A medical cannabis [dispensary] pharmacy agent shall comply with a certification
3186     standard [developed by the department] that the department develops in collaboration with the
3187     Division of Occupational and Professional Licensing and the Board of Pharmacy, or a [third

3188     party] third-party certification standard [designated by] that the department[,] designates by
3189     rule [made], in collaboration with the Division of Occupational and Professional Licensing and
3190     the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
3191     Rulemaking Act.
3192          (6) The department shall ensure that the certification standard described in Subsection
3193     (5) [shall include] includes training in:
3194          (a) Utah medical cannabis law; and
3195          (b) medical cannabis [dispensary] pharmacy best practices.
3196          (7) The department may revoke [or refuse to issue] the medical cannabis [dispensary]
3197     pharmacy agent registration card of or refuse to issue a medical cannabis pharmacy agent
3198     registration card to an individual who:
3199          (a) violates the requirements of this chapter; or
3200          (b) is convicted [of an offense that is a felony] under state or federal law[.] of:
3201          (i) a felony; or
3202          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
3203          (8) (a) A medical cannabis pharmacy agent registration card expires two years after the
3204     day on which the department issues or renews the card.
3205          (b) A medical cannabis pharmacy agent may renew the agent's registration card if the
3206     agent:
3207          (i) is eligible for a medical cannabis pharmacy agent registration card under this
3208     section;
3209          (ii) certifies to the department in a renewal application that the information in
3210     Subsection (3)(a) is accurate or updates the information; and
3211          (iii) pays to the department a renewal fee in an amount that:
3212          (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
3213     Section 63J-1-504; and
3214          (B) may not exceed the cost of the relatively lower administrative burden of renewal in
3215     comparison to the original application process.
3216          Section 70. Section 26-61a-402, which is renumbered from Section 26-60b-403 is
3217     renumbered and amended to read:
3218          [26-60b-403].      26-61a-402. Medical cannabis pharmacy agent registration

3219     card -- Rebuttable presumption.
3220          (1) A medical cannabis [dispensary] pharmacy agent [who is registered with the
3221     department under section 426-60b-401] shall carry the individual's medical cannabis
3222     [dispensary] pharmacy agent registration card with the individual at all times when:
3223          (a) the individual is on the premises of a medical cannabis [dispensary] pharmacy; and
3224          (b) the individual is transporting cannabis in a medicinal dosage form, a cannabis
3225     product in a medicinal dosage form, or a medical cannabis device between [two cannabis
3226     production establishments or between] a cannabis production establishment and a medical
3227     cannabis [dispensary] pharmacy.
3228          (2) If an individual handling, at a medical cannabis pharmacy, cannabis in a medicinal
3229     dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device [at a
3230     cannabis dispensary,] or transporting cannabis in a medicinal dosage form, a cannabis product
3231     in a medicinal dosage form, or a medical cannabis device, possesses the cannabis, cannabis
3232     product, or medical cannabis device in compliance with Subsection (1):
3233          (a) there is a rebuttable presumption that the individual possesses the cannabis,
3234     cannabis product, or medical cannabis device legally; and
3235          (b) [a law enforcement officer does not have] there is no probable cause, based solely
3236     on the individual's possession of the cannabis in medicinal dosage form, cannabis product in
3237     medicinal dosage form, or medical cannabis device in compliance with Subsection (1), [to
3238     believe] that the individual is engaging in illegal activity.
3239          (3) (a) [An individual who violates] A medical cannabis pharmacy agent who fails to
3240     carry the agent's medical cannabis pharmacy agent registration card in accordance with
3241     Subsection (1) is:
3242          (i) for a first or second offense in a two-year period:
3243          [(a)] (A) guilty of an infraction; and
3244          [(b)] (B) is subject to a $100 fine[.]; or
3245          (ii) for a third or subsequent offense in a two-year period:
3246          (A) guilty of a class C misdemeanor; and
3247          (B) subject to a $750 fine.
3248          (b) (i) The prosecuting entity shall notify the department and the relevant medical
3249     cannabis pharmacy of each conviction under Subsection (3)(a).

3250          (ii) For each violation described in Subsection (3)(a)(ii), the department may assess the
3251     relevant medical cannabis pharmacy a fine of up to $5,000, in accordance with a fine schedule
3252     that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
3253     Administrative Rulemaking Act.
3254          (c) An individual who is guilty of a violation described in Subsection (3)(a) is not
3255     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3256     underlying the violation described in Subsection (3)(a).
3257          Section 71. Section 26-61a-403 is enacted to read:
3258          26-61a-403. Pharmacy medical providers -- Registration -- Continuing education.
3259          (1) (a) A medical cannabis pharmacy:
3260          (i) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
3261     Practice Act, as a pharmacy medical provider;
3262          (ii) may employ a physician who has the authority to write a prescription and is
3263     licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
3264     Osteopathic Medical Practice Act, as a pharmacy medical provider;
3265          (iii) shall ensure that a pharmacy medical provider described in Subsection (1)(a)(i)
3266     works onsite during all business hours; and
3267          (iv) shall designate one pharmacy medical provider described in Subsection (1)(a)(i) as
3268     the pharmacist-in-charge to oversee the operation of and generally supervise the medical
3269     cannabis pharmacy.
3270          (b) An individual may not serve as a pharmacy medical provider unless the department
3271     registers the individual as a pharmacy medical provider in accordance with Subsection (2).
3272          (2) (a) The department shall, within 15 days after the day on which the department
3273     receives an application from a medical cannabis pharmacy on behalf of a prospective pharmacy
3274     medical provider, register and issue a pharmacy medical provider registration card to the
3275     prospective pharmacy medical provider if the medical cannabis pharmacy:
3276          (i) provides to the department:
3277          (A) the prospective pharmacy medical provider's name and address;
3278          (B) the name and location of the licensed medical cannabis pharmacy where the
3279     prospective pharmacy medical provider seeks to act as a pharmacy medical provider;
3280          (C) a report detailing the completion of the continuing education requirement described

3281     in Subsection (3); and
3282          (D) evidence that the prospective pharmacy medical provider is a pharmacist who is
3283     licensed under Title 58, Chapter 17b, Pharmacy Practice Act, or a physician who has the
3284     authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical
3285     Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
3286          (ii) pays a fee to the department in an amount that, subject to Subsection
3287     26-61a-109(5), the department sets in accordance with Section 63J-1-504.
3288          (b) The department may not register a qualified medical provider or a state central fill
3289     medical provider as a pharmacy medical provider.
3290          (3) (a) A pharmacy medical provider shall complete the continuing education described
3291     in this Subsection (3) in the following amounts:
3292          (i) as a condition precedent to registration, four hours; and
3293          (ii) as a condition precedent to renewal of the registration, four hours every two years.
3294          (b) In accordance with Subsection (3)(a), the pharmacy medical provider shall:
3295          (i) complete continuing education:
3296          (A) regarding the topics described in Subsection (3)(d); and
3297          (B) offered by the department under Subsection (3)(c) or an accredited or approved
3298     continuing education provider that the department recognizes as offering continuing education
3299     appropriate for the medical cannabis pharmacy practice; and
3300          (ii) make a continuing education report to the department in accordance with a process
3301     that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
3302     Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
3303     Professional Licensing and:
3304          (A) for a pharmacy medical provider who is licensed under Title 58, Chapter 17b,
3305     Pharmacy Practice Act, the Board of Pharmacy;
3306          (B) for a pharmacy medical provider licensed under Title 58, Chapter 67, Utah Medical
3307     Practice Act, the Physicians Licensing Board; and
3308          (C) for a pharmacy medical provider licensed under Title 58, Chapter 68, Utah
3309     Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
3310          (c) The department may, in consultation with the Division of Occupational and
3311     Professional Licensing, develop the continuing education described in this Subsection (3).

3312          (d) The continuing education described in this Subsection (3) may discuss:
3313          (i) the provisions of this chapter;
3314          (ii) general information about medical cannabis under federal and state law;
3315          (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
3316     including risks and benefits;
3317          (iv) recommendations for medical cannabis as it relates to the continuing care of a
3318     patient in pain management, risk management, potential addiction, and palliative care; or
3319          (v) best practices for recommending the form and dosage of a medical cannabis
3320     product based on the qualifying condition underlying a medical cannabis recommendation.
3321          (4) (a) A pharmacy medical provider registration card expires two years after the day
3322     on which the department issues or renews the card.
3323          (b) A pharmacy medical provider may renew the provider's registration card if the
3324     provider:
3325          (i) is eligible for a pharmacy medical provider registration card under this section;
3326          (ii) certifies to the department in a renewal application that the information in
3327     Subsection (2)(a) is accurate or updates the information;
3328          (iii) submits a report detailing the completion of the continuing education requirement
3329     described in Subsection (3); and
3330          (iv) pays to the department a renewal fee in an amount that:
3331          (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
3332     Section 63J-1-504; and
3333          (B) may not exceed the cost of the relatively lower administrative burden of renewal in
3334     comparison to the original application process.
3335          Section 72. Section 26-61a-501, which is renumbered from Section 26-60b-501 is
3336     renumbered and amended to read:
3337     
Part 5. Medical Cannabis Pharmacy Operation

3338          [26-60b-501].      26-61a-501. Operating requirements -- General.
3339          (1) (a) A medical cannabis [dispensary] pharmacy shall operate:
3340          (i) at the physical address provided to the department under Section 26-61a-301; and
3341          (ii) in accordance with the operating plan provided to the department under [Section
3342     26-60b-303] Section 26-61a-301 and, if applicable, 26-61a-304.

3343          (b) A medical cannabis [dispensary] pharmacy shall notify the department before a
3344     change in the medical cannabis [dispensary's] pharmacy's physical address or operating plan.
3345          (2) [A] An individual may not enter a medical cannabis [dispensary shall operate]
3346     pharmacy unless the individual:
3347           (a) is at least 18 years old; and
3348          [(a)] (b) except as provided in Subsection (5), [in a facility that is accessible only by an
3349     individual with] possesses a valid:
3350          (i) medical cannabis [dispensary] pharmacy agent registration card; or [a]
3351          (ii) medical cannabis card[; and].
3352          [(b) at the physical address provided to the department under Section 26-60b-301.]
3353          (3) A medical cannabis [dispensary] pharmacy may not employ [any person] an
3354     individual who is younger than 21 years [of age] old.
3355          (4) A medical cannabis [dispensary shall conduct a background check into the criminal
3356     history of every person who will become an agent of the cannabis dispensary and] pharmacy
3357     may not employ [any person] an individual who has been convicted of [an offense that is] a
3358     felony under [either] state or federal law.
3359          (5) [A] Notwithstanding Subsection (2), a medical cannabis [dispensary] pharmacy
3360     may authorize an individual who is not a medical cannabis [dispensary] pharmacy agent to
3361     access the medical cannabis [dispensary] pharmacy if the medical cannabis [dispensary]
3362     pharmacy tracks and monitors the individual at all times while the individual is at the medical
3363     cannabis [dispensary] pharmacy and maintains a record of the individual's access.
3364          (6) A medical cannabis [dispensary] pharmacy shall operate in a facility that has:
3365          (a) a single, secure public entrance;
3366          (b) a security system with a backup power source that:
3367          (i) detects and records entry into the medical cannabis [dispensary] pharmacy; and
3368          (ii) provides notice of an unauthorized entry to law enforcement when the medical
3369     cannabis [dispensary] pharmacy is closed; and
3370          (c) a lock on [any] each area where the medical cannabis [dispensary] pharmacy stores
3371     cannabis or a cannabis product.
3372          (7) A medical cannabis [dispensary] pharmacy shall post, both clearly and
3373     conspicuously in the medical cannabis [dispensary] pharmacy, the limit on the purchase of

3374     cannabis described in Subsection [26-60b-502(3)] 26-61a-502(2).
3375          (8) A medical cannabis [dispensary] pharmacy may not allow any individual to
3376     consume cannabis on the property or premises of the medical cannabis [dispensary] pharmacy.
3377          (9) A medical cannabis [dispensary] pharmacy may not sell cannabis or a cannabis
3378     product without first indicating on the cannabis or cannabis product label the name of the
3379     medical cannabis [dispensary] pharmacy.
3380          (10) (a) Each medical cannabis pharmacy shall retain in the pharmacy's records the
3381     following information regarding each recommendation underlying a transaction:
3382          (i) the qualified medical provider's name, address, and telephone number;
3383          (ii) the patient's name and address;
3384          (iii) the date of issuance;
3385          (iv) dosing parameters or an indication that the qualified medical provider did not
3386     recommend specific dosing parameters; and
3387          (v) if the patient did not complete the transaction, the name of the medical cannabis
3388     cardholder who completed the transaction.
3389          (b) The medical cannabis pharmacy may not sell cannabis or a cannabis product unless
3390     the cannabis or cannabis product has a label securely affixed to the container indicating the
3391     following minimum information:
3392          (i) the name, address, and telephone number of the medical cannabis pharmacy;
3393          (ii) the unique identification number that the medical cannabis pharmacy assigns;
3394          (iii) the date of the sale;
3395          (iv) the name of the patient;
3396          (v) the name of the qualified medical provider who recommended the medical cannabis
3397     treatment;
3398          (vi) directions for use and cautionary statements, if any;
3399          (vii) the amount dispensed and the cannabinoid content;
3400          (viii) the beyond use date; and
3401          (ix) any other requirements that the department determines, in consultation with the
3402     Division of Occupational and Professional Licensing and the Board of Pharmacy.
3403          (11) A pharmacy medical provider or medical cannabis pharmacy agent shall:
3404          (a) unless the medical cannabis cardholder has had a consultation under Subsection

3405     26-61a-502(4), verbally offer to a medical cannabis cardholder at the time of a purchase of
3406     cannabis, a cannabis product, or a medical cannabis device, personal, face-to-face counseling
3407     with the pharmacy medical provider who is a pharmacist; and
3408          (b) provide a telephone number or website by which the cardholder may contact a
3409     pharmacy medical provider for counseling.
3410          (12) (a) A medical cannabis pharmacy may create a medical cannabis disposal program
3411     that allows an individual to deposit unused or excess medical cannabis, cannabis residue from a
3412     medical cannabis device, or medical cannabis product in a locked box or other secure
3413     receptacle within the medical cannabis pharmacy.
3414          (b) A medical cannabis pharmacy with a disposal program described in Subsection
3415     (12)(a) shall ensure that only a medical cannabis pharmacy agent can access deposited medical
3416     cannabis or medical cannabis products.
3417          (c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis or
3418     medical cannabis products by:
3419          (i) rendering the deposited medical cannabis or medical cannabis products unusable
3420     and unrecognizable before transporting deposited medical cannabis or medical cannabis
3421     products from the medical cannabis pharmacy; and
3422          (ii) disposing of the deposited medical cannabis or medical cannabis products in
3423     accordance with:
3424          (A) federal and state law, rules, and regulations related to hazardous waste;
3425          (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
3426          (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
3427          (D) other regulations that the department makes in accordance with Title 63G, Chapter
3428     3, Utah Administrative Rulemaking Act.
3429          (13) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
3430     Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
3431     by a medical cannabis pharmacy.
3432          Section 73. Section 26-61a-502, which is renumbered from Section 26-60b-502 is
3433     renumbered and amended to read:
3434          [26-60b-502].      26-61a-502. Dispensing -- Amount a medical cannabis
3435     pharmacy may dispense -- Reporting -- Form of cannabis or cannabis product.

3436          (1) (a) A medical cannabis [dispensary] pharmacy may [only] not sell a product other
3437     than, subject to this chapter:
3438          [(a)] (i) cannabis in a medicinal dosage form that the medical cannabis pharmacy
3439     acquired from a cannabis processing facility that is licensed under Section 4-41a-201;
3440          [(b)] (ii) a cannabis product in a medicinal dosage form that the medical cannabis
3441     pharmacy acquired from a cannabis processing facility that is licensed under Section
3442     4-41a-201;
3443          [(c)] (iii) a medical cannabis device; or
3444          [(d)] (iv) educational [materials] material related to the medical use of cannabis.
3445          [(2)] (b) A medical cannabis [dispensary] pharmacy may only sell [the items] an item
3446     listed in Subsection (1)(a) to an individual with:
3447          (i) a medical cannabis card [issued by the department.]; and
3448          (ii) corresponding identification that is a valid United States federal- or state-issued
3449     photo identification, including a driver license, a United States passport, a United States
3450     passport card, or a United States military identification card.
3451          (c) Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a
3452     cannabis-based drug that the United States Food and Drug Administration has approved.
3453          [(3)] (2) A medical cannabis [dispensary] pharmacy may not dispense [on behalf of any
3454     one individual with]:
3455          (a) to a medical cannabis [card,] cardholder in any one [14-day] 12-day period, more
3456     than the lesser of:
3457          (i) an amount sufficient to provide 14 days of treatment based on the dosing parameters
3458     that the relevant qualified medical provider recommends; or
3459          [(a)] (ii) (A) [an amount] 56 grams by weight of unprocessed cannabis that [exceeds
3460     two ounces by weight] is in a medicinal dosage form and that carries a label clearly displaying
3461     the amount of tetrahydrocannabinol and cannabidiol in the cannabis; or
3462          [(b)] (B) an amount of cannabis products that is in a medicinal dosage form and that
3463     contains, in total, greater than 10 grams of total composite tetrahydrocannabinol [or
3464     cannabidiol.];
3465          (b) to a medical cannabis cardholder whose primary residence is located more than 100
3466     miles from the nearest medical cannabis pharmacy or local health department, in any one

3467     28-day period, more than the lesser of:
3468          (i) an amount sufficient to provide 30 days of treatment based on the dosing parameters
3469     that the relevant qualified medical provider recommends; or
3470          (ii) (A) 113 grams by weight of unprocessed cannabis that is in a medicinal dosage
3471     form and that carries a label clearly displaying the amount of tetrahydrocannabinol and
3472     cannabidiol in the cannabis; or
3473          (B) an amount of cannabis products that is in a medicinal dosage form and that
3474     contains, in total, greater than 20 grams of total composite tetrahydrocannabinol; or
3475          (c) to an individual whose qualified medical provider did not recommend dosing
3476     parameters, until the individual consults with the pharmacy medical provider in accordance
3477     with Subsection (4), any cannabis or cannabis products.
3478          [(4)] (3) An individual with a medical cannabis card may not purchase:
3479          (a) more cannabis or cannabis products than the amounts designated in Subsection
3480     [(3)] (2) in any one [14-day] 12-day period[.]; or
3481          (b) if the relevant qualified medical provider did not recommend dosing parameters,
3482     until the individual consults with the pharmacy medical provider in accordance with
3483     Subsection (4), any cannabis or cannabis products.
3484          (4) If a qualified medical provider recommends treatment with medical cannabis or a
3485     cannabis product but does not provide dosing parameters:
3486          (a) the qualified medical provider shall document in the recommendation:
3487          (i) an evaluation of the qualifying condition underlying the recommendation;
3488          (ii) prior treatment attempts with cannabis and cannabis products; and
3489          (iii) the patient's current medication list; and
3490          (b) before the relevant medical cannabis cardholder may obtain cannabis in a medicinal
3491     dosage form or a cannabis product in a medicinal dosage form, the pharmacy medical provider
3492     shall:
3493          (i) review pertinent medical records, including the qualified medical provider
3494     documentation described in Subsection (4)(a); and
3495          (ii) after completing the review described in Subsection (4)(b)(i) and consulting with
3496     the recommending qualified medical provider as needed, determine the best course of treatment
3497     through consultation with the cardholder regarding:

3498          (A) the patient's qualifying condition underlying the recommendation from the
3499     qualified medical provider;
3500          (B) indications for available treatments;
3501          (C) dosing parameters; and
3502          (D) potential adverse reactions.
3503          (5) A medial cannabis [dispensary] pharmacy shall:
3504          (a) (i) access the state electronic verification system before dispensing cannabis or a
3505     cannabis product to [an individual with] a medical cannabis [card] cardholder in order to
3506     determine if the [individual] cardholder or, where applicable, the associated patient has met the
3507     maximum amount of cannabis or cannabis products described in Subsection [(3)] (2); and
3508          (ii) if the verification in Subsection (5)(a)(i) indicates that the individual has met the
3509     maximum amount described in Subsection (2):
3510          (A) decline the sale; and
3511          (B) notify the qualified medical provider who made the underlying recommendation;
3512          (b) submit a record to the state electronic verification system each time the medical
3513     cannabis [dispensary] pharmacy dispenses cannabis or a cannabis product to [an individual
3514     with] a medical cannabis [card.] cardholder;
3515          (c) package any cannabis or cannabis product that is in a blister pack in a container
3516     that:
3517          (i) complies with Subsection 4-41a-602(2);
3518          (ii) is tamper-resistant and tamper-evident; and
3519          (iii) opaque; and
3520          (d) for a product that is a cube that is designed for ingestion through chewing or
3521     holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
3522     of over-consumption.
3523          (6) (a) Except as provided in Subsection (6)(b), a medical cannabis [dispensary]
3524     pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device
3525     that is intentionally designed or constructed to resemble a cigarette.
3526          (b) A medial cannabis [dispensary] pharmacy may sell a medical cannabis device that
3527     warms cannabis material into a vapor without the use of a flame and that delivers cannabis to
3528     an individual's respiratory system.

3529          (7) A medical cannabis [dispensary] pharmacy may not give [to an individual with a
3530     medical cannabis card], at no cost, a product that the medial cannabis [dispensary] pharmacy is
3531     allowed to sell under Subsection (1).
3532          (8) The department may impose a uniform fee on each medical cannabis cardholder
3533     transaction in a medical cannabis pharmacy in an amount that, subject to Subsection
3534     26-61a-109(5), the department sets in accordance with Section 63J-1-504.
3535          Section 74. Section 26-61a-503 is enacted to read:
3536          26-61a-503. Partial filling.
3537          (1) As used in this section, "partially fill" means to provide less than the full amount of
3538     cannabis or cannabis product that the qualified medical provider recommends, if the qualified
3539     medical provider recommended specific dosing parameters.
3540          (2) A pharmacy medical provider may partially fill a recommendation for a medical
3541     cannabis treatment at the request of the qualified medical provider who issued the medical
3542     cannabis treatment recommendation or the medical cannabis cardholder.
3543          (3) The department shall make rules, in collaboration with the Division of
3544     Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
3545     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying how to record the date,
3546     quantity supplied, and quantity remaining of a partially filled medical cannabis treatment
3547     recommendation.
3548          (4) A pharmacy medical provider who is a pharmacist may, upon the request of a
3549     medical cannabis cardholder, determine different dosing parameters, subject to the dosing
3550     limits in Subsection 26-61a-502(2), to fill the quantity remaining of a partially filled medical
3551     cannabis treatment recommendation if:
3552          (a) the pharmacy medical provider determined dosing parameters for the partial fill
3553     under Subsection 26-61a-502(4); and
3554          (b) the medical cannabis cardholder reports that:
3555          (i) the partial fill did not substantially affect the qualifying condition underlying the
3556     medical cannabis recommendation; or
3557          (ii) the patient experienced an adverse reaction to the partial fill or was otherwise
3558     unable to successfully use the partial fill.
3559          Section 75. Section 26-61a-504, which is renumbered from Section 26-60b-503 is

3560     renumbered and amended to read:
3561          [26-60b-503].      26-61a-504. Inspections.
3562          (1) Each medical cannabis pharmacy shall maintain the pharmacy's medical cannabis
3563     treatment recommendation files and other records in accordance with this chapter, department
3564     rules, and the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No.
3565     104-191, 110 Stat. 1936, as amended.
3566          (2) The department may inspect the records and facility of a medical cannabis
3567     [dispensary] pharmacy at any time during business hours in order to determine if the medical
3568     cannabis [dispensary] pharmacy complies with [the licensing requirements of this part] this
3569     chapter.
3570          (3) An inspection under this section may include:
3571          (a) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
3572     physical or electronic information;
3573          (b) questioning of any relevant individual; or
3574          (c) inspection of equipment, an instrument, a tool, or machinery, including a container
3575     or label.
3576          (4) In making an inspection under this section, the department may freely access any
3577     area and review and make copies of a book, record, paper, document, data, or other physical or
3578     electronic information, including financial data, sales data, shipping data, pricing data, and
3579     employee data.
3580          (5) Failure to provide the department or the department's authorized agents immediate
3581     access to records and facilities during business hours in accordance with this section may result
3582     in:
3583          (a) the imposition of a civil monetary penalty that the department sets in accordance
3584     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
3585          (b) license or registration suspension or revocation; or
3586          (c) an immediate cessation of operations under a cease and desist order that the
3587     department issues.
3588          Section 76. Section 26-61a-505, which is renumbered from Section 26-60b-504 is
3589     renumbered and amended to read:
3590          [26-60b-504].      26-61a-505. Advertising.

3591          (1) Except as provided in Subsections (2) and (3), a medical cannabis [dispensary]
3592     pharmacy may not advertise in any medium.
3593          (2) A medical cannabis [dispensary] pharmacy may use signage on the outside of the
3594     medical cannabis [dispensary] pharmacy that includes only:
3595          (a) the medical cannabis [dispensary's] pharmacy's name and hours of operation; and
3596          (b) a green cross.
3597          (3) A medical cannabis [dispensary] pharmacy may maintain a website that includes
3598     information about:
3599          (a) the location and hours of operation of the medial cannabis [dispensary] pharmacy;
3600          (b) [the products and services] a product or service available at the medial cannabis
3601     [dispensary] pharmacy;
3602          (c) personnel affiliated with the medical cannabis [dispensary] pharmacy;
3603          (d) best practices that the medical cannabis [dispensary] pharmacy upholds; and
3604          (e) educational [materials] material related to the medical use of cannabis.
3605          Section 77. Section 26-61a-506, which is renumbered from Section 26-60b-505 is
3606     renumbered and amended to read:
3607          [26-60b-505].      26-61a-506. Cannabis, cannabis product, or medical
3608     cannabis device transportation.
3609          (1) [Except for an individual with a valid medical cannabis card, an individual] Only
3610     the following individuals may [not] transport cannabis in a medicinal dosage form, a cannabis
3611     product in a medicinal dosage form, or a medical cannabis device [unless the individual is]
3612     under this chapter:
3613          (a) a registered medical cannabis [production establishment] pharmacy agent; [or]
3614          (b) a registered [cannabis dispensary] state central fill agent[.];
3615          (c) a courier for a state central fill shipment described in Section 26-61a-605; or
3616          (d) a medical cannabis cardholder who is transporting a medical cannabis treatment
3617     that the cardholder is authorized to transport.
3618          (2) Except for an individual with a valid medical cannabis card[, an individual] under
3619     this chapter who is transporting a medical cannabis[, a cannabis product, or a medical cannabis
3620     device] treatment that the cardholder is authorized to transport, an individual described in
3621     Subsection (1) shall possess a transportation manifest that:

3622          (a) includes a unique identifier that links the cannabis, cannabis product, or medical
3623     cannabis device to a relevant inventory control system;
3624          (b) includes origin and destination information for [any] cannabis, a cannabis product,
3625     or a medical cannabis device that the individual is transporting; and
3626          (c) [indicates] identifies the departure and arrival times and locations of the individual
3627     transporting the cannabis, cannabis product, or medical cannabis device.
3628          (3) (a) In addition to the requirements in Subsections (1) and (2), the department may
3629     establish[,] by rule [made], in collaboration with the Division of Occupational and Professional
3630     Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
3631     Administrative Rulemaking Act, requirements for transporting cannabis in a medicinal dosage
3632     form, a cannabis product in a medicinal dosage form, or a medical cannabis device to ensure
3633     that [are related to safety for human] the cannabis [or], cannabis product, or medical cannabis
3634     device remains safe for human consumption.
3635          (b) The transportation described in Subsection (3)(a) is limited to transportation:
3636          (i) between a medical cannabis pharmacy and another medical cannabis pharmacy; and
3637          (ii) between the state central fill medical cannabis pharmacy and:
3638          (A) another state central fill medical cannabis pharmacy location; or
3639          (B) a local health department.
3640          (4) (a) [An individual who transports cannabis, a cannabis product, or a medical
3641     cannabis device] It is unlawful for a registered medical cannabis pharmacy agent, a registered
3642     state central fill agent, or a courier described in Section 26-61a-605 to make a transport
3643     described in this section with a manifest that does not meet the requirements of [Subsection (2)
3644     is:] this section.
3645          (b) Except as provided in Subsection (4)(d), an agent or courier who violates
3646     Subsection (4)(a) is:
3647          [(a)] (i) guilty of an infraction; and
3648          [(b)] (ii) subject to a $100 fine.
3649          (c) An individual who is guilty of a violation described in Subsection (4)(b) is not
3650     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3651     underlying the violation described in Subsection (4)(b).
3652          (d) If the individual described in Subsection (4)(a) is transporting more cannabis,

3653     cannabis product, or medical cannabis devices than the manifest identifies, except for a de
3654     minimis administrative error:
3655          (i) this chapter does not apply; and
3656          (ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
3657     Substances Act.
3658          Section 78. Section 26-61a-507, which is renumbered from Section 26-60b-506 is
3659     renumbered and amended to read:
3660          [26-60b-506].      26-61a-507. Local control.
3661          [(1) A municipality or county may not enact a zoning ordinance that prohibits a
3662     cannabis dispensary from operating in a location within the municipality's or county's
3663     jurisdiction on the sole basis that the cannabis dispensary is a cannabis dispensary.]
3664          (1) (a) (i) Except as provided in Subsection (1)(a)(ii), to be eligible to obtain or
3665     maintain a license under Section 26-61a-301, a person shall demonstrate that the intended
3666     medical cannabis pharmacy location is located at least:
3667          (A) 600 feet from a community location's property boundary following the shortest
3668     route of ordinary pedestrian travel;
3669          (B) 200 feet from the patron entrance to the community location's property boundary;
3670     and
3671          (C) 600 feet from an area zoned primarily residential.
3672          (ii) A municipal or county land use authority may recommend in writing that the
3673     department waive the community location proximity requirement described in Subsection
3674     (1)(a)(i).
3675          [(2)] (b) (i) A municipality or county may not deny or revoke a land use permit [or
3676     license] to operate a medical cannabis [dispensary] pharmacy on the sole basis that the
3677     applicant or medical cannabis [dispensary] pharmacy violates [a] federal law [of] regarding the
3678     [United States] legal status.
3679          (ii) A municipality or county may not deny or revoke a business license to operate a
3680     medical cannabis pharmacy on the sole basis that the applicant or medical cannabis pharmacy
3681     violates federal law regarding the legal status of cannabis.
3682          [(3)] (2) A municipality or county may enact [ordinances] an ordinance that:
3683          (a) is not in conflict with this chapter [governing]; and

3684          (b) governs the time, place, [and] or manner of medical cannabis [dispensary]
3685     pharmacy operations in the municipality or county.
3686          Section 79. Section 26-61a-601 is enacted to read:
3687     
Part 6. State Central Fill Medical Cannabis Pharmacy

3688          26-61a-601. Department to establish state central fill medical cannabis pharmacy
3689     -- Duties -- Pharmacy medical provider registration -- Continuing education.
3690          (1) On or before July 1, 2020, the department shall establish or contract to establish, in
3691     accordance with Title 63G, Chapter 6a, Utah Procurement Code, a state central fill medical
3692     cannabis pharmacy as described in this section.
3693          (2) The state central fill medical cannabis pharmacy shall:
3694          (a) procure cannabis that a cannabis processing facility processes into a medicinal
3695     dosage form;
3696          (b) prepare cannabis in medicinal dosage form, a cannabis product in medicinal dosage
3697     form, or a medical cannabis device for shipment to a medical cannabis cardholder under a
3698     qualified medical provider's recommendation to address a qualifying condition;
3699          (c) transport a state central fill shipment, in accordance with Section 26-61a-605, to the
3700     relevant local health department for distribution, in accordance with Section 26-61a-607;
3701          (d) (i) (A) if the state establishes the state central fill medical cannabis pharmacy,
3702     process and accept payment for a transaction involving a state central fill shipment; or
3703          (B) if the state establishes the state central fill medical cannabis pharmacy by contract,
3704     process prepaid requests for a state central fill shipment from the department; and
3705          (ii) deposit funds that the state central fill medical cannabis pharmacy collects under
3706     Subsection (2)(d)(i) into the Qualified Distribution Enterprise Fund created in Section
3707     26-61a-110.
3708          (3) (a) An individual may not enter a state central fill medical cannabis pharmacy
3709     location unless:
3710          (i) the individual is a state central fill agent or an employee of the state central fill
3711     medical cannabis pharmacy;
3712          (ii) the individual is an employee of the department; or
3713          (iii) a state central fill agent escorts the individual at all times.
3714          (b) An individual who violates Subsection (3)(a) is:

3715          (i) guilty of an infraction; and
3716          (ii) subject to a $100 fine.
3717          (c) An individual who is guilty of a violation described in Subsection (3)(b) is not
3718     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3719     underlying the violation described in Subsection (3)(b).
3720          (4) (a) The state central fill medical cannabis pharmacy:
3721          (i) shall employ at least one pharmacist who is licensed under Title 58, Chapter 17b,
3722     Pharmacy Practice Act, as a state central fill medical provider;
3723          (ii) may employ a physician who has the authority to write a prescription and is
3724     licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
3725     Osteopathic Medical Practice Act, as a state central fill medical provider;
3726          (iii) shall ensure that a state central fill medical provider described in Subsection
3727     (4)(a)(i) works onsite at each location during all business hours;
3728          (iv) shall designate one state central fill medical provider described in Subsection
3729     (4)(a)(i) as the pharmacist-in-charge, as that term is defined in Section 58-17b-102, to oversee
3730     the operation of and generally supervise the state central fill medical cannabis pharmacy; and
3731          (v) may establish more than one location in which the state central fill medical
3732     cannabis pharmacy operates if the department determines, after an analysis of the current and
3733     anticipated market for cannabis in a medicinal dosage form and cannabis products in a
3734     medicinal dosage form, including costs and logistical issues in transportation of state central
3735     fill shipments, that multiple central fill locations are necessary to provide an adequate supply of
3736     state central fill shipments to local health departments for distribution to recipient medical
3737     cannabis cardholders.
3738          (b) An individual may not serve as a state central fill medical provider unless the
3739     department registers the individual as a state central fill medical provider.
3740          (5) (a) The department shall, within 15 days after the day on which the department
3741     receives an application from the state central fill medical cannabis pharmacy on behalf of a
3742     prospective state central fill medical provider, register and issue a state central fill medical
3743     provider registration card to the prospective state central fill medical provider if the state
3744     central fill medical cannabis pharmacy provides to the department:
3745          (i) the prospective state central fill medical provider's name and address; and

3746          (ii) evidence that the prospective state central fill medical provider is:
3747          (A) a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
3748     or
3749          (B) a physician who has the authority to write a prescription and is licensed under Title
3750     58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical
3751     Practice Act.
3752          (b) The department may not register a qualified medical provider or a pharmacy
3753     medical provider as a state central fill medical provider.
3754          (6) (a) A state central fill medical provider shall complete the continuing education
3755     described in this Subsection (6) in the following amounts:
3756          (i) as a condition precedent to registration, four hours; and
3757          (ii) as a condition precedent to renewal, four hours every two years.
3758          (b) In accordance with Subsection (6)(a), the state central fill medical provider shall:
3759          (i) complete continuing education:
3760          (A) regarding the topics described in Subsection (6)(d); and
3761          (B) offered by the department under Subsection (6)(c) or an accredited or approved
3762     continuing education provider that the department recognizes as offering continuing education
3763     appropriate for the medical cannabis pharmacy practice; and
3764          (ii) make a continuing education report to the department in accordance with a process
3765     that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
3766     Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
3767     Professional Licensing and:
3768          (A) for a state central fill medical provider who is licensed under Title 58, Chapter 17b,
3769     Pharmacy Practice Act, the Board of Pharmacy;
3770          (B) for a state central fill medical provider licensed under Title 58, Chapter 67, Utah
3771     Medical Practice Act, the Physicians Licensing Board; and
3772          (C) for a state central fill medical provider licensed under Title 58, Chapter 68, Utah
3773     Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
3774          (c) The department may, in consultation with the Division of Occupational and
3775     Professional Licensing, develop the continuing education described in this Subsection (6).
3776          (d) The continuing education described in this Subsection (6) may discuss:

3777          (i) the provisions of this chapter;
3778          (ii) general information about medical cannabis under federal and state law;
3779          (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
3780     including risks and benefits;
3781          (iv) recommendations for medical cannabis as it relates to the continuing care of a
3782     patient in pain management, risk management, potential addiction, and palliative care; or
3783          (v) best practices for recommending the form and dosage of medical cannabis products
3784     based on the qualifying condition underlying the medical cannabis recommendation.
3785          (7) (a) A state central fill medical provider registration card expires two years after the
3786     day on which the department issues or renews the card.
3787          (b) A state central fill medical provider may renew the provider's registration card if
3788     the provider:
3789          (i) is eligible for a state central fill medical provider registration card under this
3790     section;
3791          (ii) certifies to the department in a renewal application that the information in
3792     Subsection (5) is accurate or updates the information; and
3793          (iii) submits a report detailing the completion of the continuing education requirement
3794     described in Subsection (6).
3795          Section 80. Section 26-61a-602 is enacted to read:
3796          26-61a-602. State central fill agent -- Background check -- Registration card --
3797     Rebuttable presumption.
3798          (1) An individual may not serve as a state central fill agent unless:
3799          (a) the individual is an employee of the state central fill medical cannabis pharmacy;
3800     and
3801          (b) the department registers the individual as a state central fill agent.
3802          (2) (a) The department shall, within 15 days after the day on which the department
3803     receives a complete application from the state central fill medical cannabis pharmacy on behalf
3804     of a prospective state central fill agent, register and issue a state central fill agent registration
3805     card to the prospective agent if the state central fill medical cannabis pharmacy:
3806          (i) provides to the department:
3807          (A) the prospective agent's name and address;

3808          (B) the submission required under Subsection (2)(b); and
3809          (ii) as reported under Subsection (2)(b), has not been convicted under state or federal
3810     law of:
3811          (A) a felony; or
3812          (B) after the effective date of this bill, a misdemeanor for drug distribution.
3813          (b) Each prospective agent described in Subsection (2)(a) shall:
3814          (i) submit to the department:
3815          (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
3816          (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
3817     registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
3818     Generation Identification System's Rap Back Service; and
3819          (ii) consent to a fingerprint background check by:
3820          (A) the Bureau of Criminal Identification; and
3821          (B) the Federal Bureau of Investigation.
3822          (c) The Bureau of Criminal Identification shall:
3823          (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
3824     the applicable state, regional, and national criminal records databases, including the Federal
3825     Bureau of Investigation Next Generation Identification System;
3826          (ii) report the results of the background check to the department;
3827          (iii) maintain a separate file of fingerprints that prospective agents submit under
3828     Subsection (2)(b) for search by future submissions to the local and regional criminal records
3829     databases, including latent prints;
3830          (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
3831     Generation Identification System's Rap Back Service for search by future submissions to
3832     national criminal records databases, including the Next Generation Identification System and
3833     latent prints; and
3834          (v) establish a privacy risk mitigation strategy to ensure that the department only
3835     receives notifications for an individual with whom the department maintains an authorizing
3836     relationship.
3837          (d) The department shall:
3838          (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an

3839     amount that the department sets in accordance with Section 63J-1-504 for the services that the
3840     Bureau of Criminal Identification or another authorized agency provides under this section; and
3841          (ii) remit the fee described in Subsection (2)(d) to the Bureau of Criminal
3842     Identification.
3843          (3) (a) A state central fill agent shall comply with a certification standard that the
3844     department develops, in collaboration with the Division of Occupational and Professional
3845     Licensing and the Board of Pharmacy, or a third-party certification standard that the department
3846     designates by rule, in collaboration with the Division of Occupational and Professional
3847     Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
3848     Administrative Rulemaking Act.
3849          (b) The department shall ensure that the certification standard described in Subsection
3850     (3)(a) includes continuing education in:
3851          (i) Utah medical cannabis law;
3852          (ii) the state central fill medical cannabis pharmacy shipment process; and
3853          (iii) state central fill agent best practices.
3854          (4) The department may revoke or refuse to issue the state central fill agent registration
3855     card of an individual who:
3856          (a) violates the requirements of this chapter; or
3857          (b) is convicted under state or federal law of:
3858          (i) a felony; or
3859          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
3860          (5) (a) A state central fill agent registration card expires two years after the day on
3861     which the department issues or renews the card.
3862          (b) A state central fill agent may renew the agent's registration card if the agent:
3863          (i) is eligible for a state central fill registration card under this section; and
3864          (ii) certifies to the department in a renewal application that the information in
3865     Subsection (2)(a) is accurate or updates the information.
3866          (6) A state central fill agent who the department registers under this section shall carry
3867     the individual's state central fill agent registration card with the individual at all times when:
3868          (a) the individual is on the premises of the state central fill medical cannabis pharmacy;
3869     and

3870          (b) the individual is transporting cannabis in a medicinal dosage form, a cannabis
3871     product in a medicinal dosage form, or a medical cannabis device between a cannabis
3872     production establishment and the state central fill medical cannabis pharmacy.
3873          (7) If an individual handling cannabis, a cannabis product, or a medical cannabis
3874     device handles the cannabis, cannabis product, or medical cannabis device in compliance with
3875     Subsection (6):
3876          (a) there is a rebuttable presumption that the individual possesses the cannabis,
3877     cannabis product, or medical cannabis device legally; and
3878          (b) there is no probable cause, based solely on the individual's handling of the cannabis
3879     in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis
3880     device, that the individual is engaging in illegal activity.
3881          (8) (a) An individual who violates Subsection (6) is:
3882          (i) guilty of an infraction; and
3883          (ii) subject to a $100 fine.
3884          (b) An individual who is guilty of a violation described in Subsection (8)(a) is not
3885     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3886     underlying the violation described in Subsection (8)(a).
3887          Section 81. Section 26-61a-603 is enacted to read:
3888          26-61a-603. Recommendation.
3889          (1) When an individual receives a recommendation for a medical cannabis treatment
3890     from the individual's qualified medical provider, the individual may initiate a shipment from
3891     the state central fill medical cannabis pharmacy to a local health department by:
3892          (a) contacting the state central fill medical cannabis pharmacy directly; or
3893          (b) requesting that the qualified medical provider initiate the shipment through the state
3894     electronic verification system.
3895          (2) Upon receiving a request to prepare a shipment under Subsection (1), a state central
3896     fill agent shall:
3897          (a) verify the shipment information using the state electronic verification system;
3898          (b) process payment, including contacting the medical cannabis cardholder to complete
3899     payment if necessary;
3900          (c) prepare the shipment in accordance with Section 26-61a-604;

3901          (d) record the preparation of the shipment in the electronic verification system; and
3902          (e) place the shipment for transportation in accordance with Section 26-61a-605.
3903          Section 82. Section 26-61a-604 is enacted to read:
3904          26-61a-604. State central fill shipment preparation.
3905          (1) (a) The state central fill medical cannabis pharmacy may not prepare or ship to a
3906     local health department a product other than:
3907          (i) cannabis in medicinal dosage form that the state central fill medical cannabis
3908     pharmacy acquired from a cannabis processing facility that is licensed under Section
3909     4-41a-201;
3910          (ii) a cannabis product in medicinal dosage form that the state central fill medical
3911     cannabis pharmacy acquired from a cannabis processing facility that is licensed under Section
3912     4-41a-201;
3913          (iii) a medical cannabis device; or
3914          (iv) educational material related to the medical use of cannabis.
3915          (b) The state central fill medical cannabis pharmacy may only sell or ship an item listed
3916     in Subsection (1)(a) in response to a request for shipment described in Subsection
3917     26-61a-603(1).
3918          (c) Notwithstanding Subsection (1)(a), the state central fill medical cannabis pharmacy
3919     may not sell a cannabis-based drug that the United States Food and Drug Administration has
3920     approved.
3921          (2) The state central fill medical cannabis pharmacy may not prepare a shipment:
3922          (a) for a medical cannabis cardholder in any one 12-day period, more than the lesser of:
3923          (i) an amount sufficient to provide 14 days of treatment based on the dosing parameters
3924     that the relevant qualified medical provider recommends; or
3925          (ii) (A) 56 grams by weight of unprocessed cannabis that is in a medicinal dosage form
3926     and that carries a label clearly displaying the amount of tetrahydrocannabinol and cannabidiol
3927     in the cannabis; or
3928          (B) an amount of cannabis products that is in a medicinal dosage form and that
3929     contains, in total, greater than 10 grams of total composite tetrahydrocannabinol;
3930          (b) to a medical cannabis cardholder whose primary residence is located more than 100
3931     miles from the nearest medical cannabis pharmacy or local health department, in any one

3932     28-day period, more than the lesser of:
3933          (i) an amount sufficient to provide 30 days of treatment based on the dosing parameters
3934     that the relevant qualified medical provider recommends; or
3935          (ii) (A) 113 grams by weight of unprocessed cannabis that is in a medicinal dosage
3936     form and that carries a label clearly displaying the amount of tetrahydrocannabinol and
3937     cannabidiol in the cannabis; or
3938          (B) an amount of cannabis products that is in a medicinal dosage form and that
3939     contains, in total, greater than 20 grams of total composite tetrahydrocannabinol; or
3940          (c) for an individual whose qualified medical provider did not recommend dosing
3941     parameters, any cannabis or cannabis product, until the individual consults with the state
3942     central fill medical provider in accordance with Subsection (4).
3943          (3) A medical cannabis cardholder may not receive a state central fill shipment
3944     containing:
3945          (a) more cannabis or cannabis products than the amounts designated in Subsection (2)
3946     in any one 12-day period; or
3947          (b) if the relevant qualified medical provider did not recommend dosing parameters,
3948     any cannabis or cannabis product, until the cardholder consults with the state central fill
3949     medical provider in accordance with Subsection (4).
3950          (4) If a qualified medical provider recommends treatment with medical cannabis or a
3951     cannabis product but does not provide dosing parameters:
3952          (a) the qualified medical provider shall document in the recommendation:
3953          (i) an evaluation of the qualifying condition underlying the recommendation;
3954          (ii) prior treatment attempts with cannabis and cannabis products; and
3955          (iii) the patient's current medication list; and
3956          (b) before the relevant medical cannabis cardholder may receive a state central fill
3957     shipment, the state central fill medical provider shall:
3958          (i) review pertinent medical records, including the qualified medical provider
3959     documentation described in Subsection (4)(a); and
3960          (ii) after completing the review described in Subsection (4)(b)(i) and consulting with
3961     the recommending qualified medical provider as needed, determine the best course of treatment
3962     through consultation with the cardholder regarding:

3963          (A) the patient's qualifying condition underlying the recommendation from the
3964     qualified medical provider;
3965          (B) indications for available treatments;
3966          (C) dosing parameters; and
3967          (D) potential adverse reactions.
3968          (5) The state central fill medical cannabis pharmacy shall:
3969          (a) (i) access the state electronic verification system before preparing a shipment of
3970     cannabis or a cannabis product to determine if the medical cannabis cardholder or, where
3971     applicable, the associated patient has met the maximum amount of cannabis or cannabis
3972     product described in Subsection (2); and
3973          (ii) if the verification in Subsection (5)(a)(i) indicates that the individual has met the
3974     maximum amount described in Subsection (2):
3975          (A) decline the request to prepare the shipment; and
3976          (B) notify the qualified medical provider that made the recommendation;
3977          (b) submit a record to the state electronic verification system each time the state central
3978     fill medical cannabis pharmacy prepares and ships a shipment of cannabis, a cannabis product,
3979     or a medical cannabis device;
3980          (c) package any cannabis or cannabis product that is in a blister pack in a container
3981     that:
3982          (i) complies with Subsection 4-41a-602(2);
3983          (ii) is tamper-resistant and tamper-evident; and
3984          (iii) opaque; and
3985          (d) for any product that is a cube that is designed for ingestion through chewing or
3986     holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
3987     of over-consumption.
3988          (6) (a) Except as provided in Subsection (6)(b), the state central fill medical cannabis
3989     pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device
3990     that is intentionally designed or constructed to resemble a cigarette.
3991          (b) The state central fill medical cannabis pharmacy may sell a medical cannabis
3992     device that warms cannabis material into a vapor without the use of a flame and that delivers
3993     cannabis to an individual's respiratory system.

3994          (7) The state central fill medical cannabis pharmacy may not give, at no cost, a product
3995     that the medical cannabis pharmacy is allowed to sell under Subsection (1).
3996          (8) (a) The state central fill medical cannabis pharmacy shall retain in the pharmacy's
3997     records the following information regarding each recommendation underlying a transaction:
3998          (i) the qualified medical provider's name, address, and telephone number;
3999          (ii) the patient's name and address;
4000          (iii) the date of issuance;
4001          (iv) dosing parameters or an indication that the qualified medical provider did not
4002     recommend specific dosing parameters; and
4003          (v) the name and the address of the medical cannabis cardholder if the cardholder is not
4004     the patient.
4005          (b) The state central fill medical cannabis pharmacy may not sell cannabis or a
4006     cannabis product unless the cannabis or cannabis product has a label securely affixed to the
4007     container indicating the following minimum information:
4008          (i) the name and telephone number of the state central fill medical cannabis pharmacy;
4009          (ii) the unique identification number that the state central fill medical cannabis
4010     pharmacy assigns;
4011          (iii) the date of the sale;
4012          (iv) the name of the medical cannabis cardholder;
4013          (v) the name of the qualified medical provider who recommends the medical cannabis
4014     treatment;
4015          (vi) directions for use and cautionary statements, if any;
4016          (vii) the amount dispensed and the cannabinoid content;
4017          (viii) the beyond use date; and
4018          (ix) any other requirements that the department determines, in consultation with the
4019     Division of Occupational and Professional Licensing and the Board of Pharmacy.
4020          (9) A pharmacy medical provider at the state central fill medical cannabis pharmacy or
4021     a state central fill agent shall:
4022          (a) include in each state central fill shipment written counseling regarding the state
4023     central fill shipment; and
4024          (b) provide a telephone number or website by which a medical cannabis cardholder

4025     may contact a pharmacy medical provider for counseling.
4026          (10) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
4027     Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
4028     by the state central fill medical cannabis pharmacy.
4029          (11) The department may impose a uniform fee on each medical cannabis cardholder
4030     transaction for a state central fill shipment in an amount that, subject to Subsection
4031     26-61a-109(5), the department sets in accordance with Section 63J-1-504.
4032          Section 83. Section 26-61a-605 is enacted to read:
4033          26-61a-605. State central fill shipment transportation.
4034          (1) The state central fill medical cannabis pharmacy shall ensure that the state central
4035     fill medical cannabis pharmacy is capable of delivering, in a secure manner, cannabis in
4036     medicinal dosage form, a cannabis product in medicinal dosage form, and a medical cannabis
4037     device to each local health department in the state within two business days after the day on
4038     which the state central fill medical cannabis pharmacy receives a request for a state central fill
4039     shipment resulting from a recommendation of a qualified medical provider under Section
4040     26-61a-603.
4041          (2) (a) The department may contract with a private entity for the entity to serve as a
4042     courier for the state central fill medical cannabis pharmacy, delivering state central fill
4043     shipments to local health departments for distribution to medical cannabis cardholders.
4044          (b) If the department enters into a contract described in Subsection (2)(a), the
4045     department shall:
4046          (i) issue the contract described in Subsection (2)(a) in accordance with Title 63G,
4047     Chapter 6a, Utah Procurement Code;
4048          (ii) impose security and personnel requirements on the contracted private entity
4049     sufficient to ensure the security and safety of state central fill shipments; and
4050          (iii) provide regular oversight of the contracted private entity.
4051          (3) Except for an individual with a valid medical cannabis card who transports a
4052     shipment the individual receives, an individual may not transport a state central fill shipment
4053     unless the individual is:
4054          (a) a registered state central fill agent; or
4055          (b) an agent of the private courier described in Subsection (2).

4056          (4) An individual transporting a state central fill shipment shall possess a transportation
4057     manifest that:
4058          (a) includes a unique identifier that links the state central fill shipment to a relevant
4059     inventory control system;
4060          (b) includes origin and destination information for a state central fill shipment the
4061     individual is transporting; and
4062          (c) indicates the departure and arrival times and locations of the individual transporting
4063     the state central fill shipment.
4064          (5) In addition to the requirements in Subsections (3) and (4), the department may
4065     establish by rule, in collaboration with the Division of Occupational and Professional Licensing
4066     and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
4067     Rulemaking Act, requirements for transporting state central fill shipments that are related to
4068     safety for human consumption of cannabis or a cannabis product.
4069          (6) (a) It is unlawful for an individual to transport a state central fill shipment with a
4070     manifest that does not meet the requirements of Subsection (4).
4071          (b) Except as provided in Subsection (6)(d), an individual who violates Subsection
4072     (6)(a):
4073          (i) is guilty of an infraction; and
4074          (ii) subject to a $100 fine.
4075          (c) An individual who is guilty of a violation described in Subsection (6)(b) is not
4076     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
4077     underlying the violation described in Subsection (6)(b).
4078          (d) If the individual described in Subsection (6)(a) is transporting more cannabis,
4079     cannabis product, or medical cannabis devices than the manifest identifies, except for a de
4080     minimis administrative error:
4081          (i) this chapter does not apply; and
4082          (ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
4083     Substances Act.
4084          Section 84. Section 26-61a-606 is enacted to read:
4085          26-61a-606. Local health department distribution agent -- Background check --
4086     Registration card -- Rebuttable presumption.

4087          (1) An individual may not serve as a local health department distribution agent unless:
4088          (a) the individual is an employee of a local health department; and
4089          (b) the department registers the individual as a local health department distribution
4090     agent.
4091          (2) (a) The department shall, within 15 days after the day on which the department
4092     receives a complete application from a local health department on behalf of a prospective local
4093     health department distribution agent, register and issue a local health department distribution
4094     agent registration card to the prospective agent if the local health department:
4095          (i) provides to the department:
4096          (A) the prospective agent's name and address;
4097          (B) the name and location of the local health department where the prospective agent
4098     seeks to act as a local health department distribution agent;
4099          (C) the submission required under Subsection (2)(b); and
4100          (ii) as reported under Subsection (2)(c), has not been convicted under state or federal
4101     law of:
4102          (A) a felony; or
4103          (B) after the effective date of this bill, a misdemeanor for drug distribution.
4104          (b) Each prospective agent described in Subsection (2)(a) shall:
4105          (i) submit to the department:
4106          (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
4107          (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
4108     registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
4109     Generation Identification System's Rap Back Service; and
4110          (ii) consent to a fingerprint background check by:
4111          (A) the Bureau of Criminal Identification; and
4112          (B) the Federal Bureau of Investigation.
4113          (c) The Bureau of Criminal Identification shall:
4114          (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
4115     the applicable state, regional, and national criminal records databases, including the Federal
4116     Bureau of Investigation Next Generation Identification System;
4117          (ii) report the results of the background check to the department;

4118          (iii) maintain a separate file of fingerprints that prospective agents submit under
4119     Subsection (2)(b) for search by future submissions to the local and regional criminal records
4120     databases, including latent prints;
4121          (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
4122     Generation Identification System's Rap Back Service for search by future submissions to
4123     national criminal records databases, including the Next Generation Identification System and
4124     latent prints; and
4125          (v) establish a privacy risk mitigation strategy to ensure that the department only
4126     receives notifications for an individual with whom the department maintains an authorizing
4127     relationship.
4128          (d) The department shall:
4129          (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
4130     amount that the department sets in accordance with Section 63J-1-504 for the services that the
4131     Bureau of Criminal Identification or another authorized agency provides under this section; and
4132          (ii) remit the fee described in Subsection (2)(d) to the Bureau of Criminal
4133     Identification.
4134          (3) The department shall designate on an individual's local health department
4135     distribution agent registration card the name of the local health department where the
4136     individual is registered as an agent.
4137          (4) (a) A local health department distribution agent shall comply with a certification
4138     standard that the department develops, in collaboration with the Division of Occupational and
4139     Professional Licensing and the Board of Pharmacy, or a third-party certification standard that
4140     the department designates by rule in collaboration with the Division of Occupational and
4141     Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter
4142     3, Utah Administrative Rulemaking Act.
4143          (b) The department shall ensure that the certification standard described in Subsection
4144     (4)(a) includes training in:
4145          (i) Utah medical cannabis law;
4146          (ii) the state central fill medical cannabis pharmacy shipment process; and
4147          (iii) local health department distribution agent best practices.
4148          (5) The department may revoke or refuse to issue or renew the local health department

4149     distribution agent registration card of an individual who:
4150          (a) violates the requirements of this chapter; or
4151          (b) is convicted under state or federal law of:
4152          (i) a felony; or
4153          (ii) after the effective date of this bill, a misdemeanor for drug distribution.
4154          (6) A local health department distribution agent who the department has registered
4155     under this section shall carry the agent's local health department distribution agent registration
4156     card with the agent at all times when:
4157          (a) the agent is on the premises of the local health department; and
4158          (b) the agent is handling a shipment of cannabis or cannabis product from the state
4159     central fill medical cannabis pharmacy.
4160          (7) If a local health department distribution agent handling a shipment of cannabis or
4161     cannabis product from the state central fill medical cannabis pharmacy possesses the shipment
4162     in compliance with Subsection (6):
4163          (a) there is a rebuttable presumption that the agent possesses the shipment legally; and
4164          (b) there is no probable cause, based solely on the agent's possession of the shipment
4165     containing medical cannabis in medicinal dosage form, a cannabis product in medicinal dosage
4166     form, or a medical cannabis device, that the agent is engaging in illegal activity.
4167          (8) (a) A local health department distribution agent who violates Subsection (6) is:
4168          (i) guilty of an infraction; and
4169          (ii) subject to a $100 fine.
4170          (b) An individual who is guilty of a violation described in Subsection (8)(a) is not
4171     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
4172     underlying the violation described in Subsection (8)(a).
4173          Section 85. Section 26-61a-607 is enacted to read:
4174          26-61a-607. Local health department distribution.
4175          (1) Each local health department shall designate:
4176          (a) one or more of the local health department's locations as a state central fill shipment
4177     distribution location; and
4178          (b) a sufficient number of personnel to ensure that at least one individual is available at
4179     all times during business hours:

4180          (i) whom the department has registered as a local health department distribution agent;
4181     and
4182          (ii) to distribute state central fill shipments to medical cannabis cardholders in
4183     accordance with this section.
4184          (2) An individual may not retrieve a shipment from the state central fill medical
4185     cannabis pharmacy at a local health department unless the individual presents:
4186          (a) a form of identification that is a valid United States federal- or state-issued photo
4187     identification, including a driver license, a United States passport, a United States passport
4188     card, or a United States military identification card; and
4189          (b) a valid medical cannabis card under the same name that appears on the
4190     identification described in Subsection (2)(a).
4191          (3) Before a local health department distribution agent distributes a state central fill
4192     shipment to a medical cannabis cardholder, the local health department distribution agent shall:
4193          (a) verify the shipment information using the state electronic verification system;
4194          (b) ensure that the individual satisfies the identification requirements in Subsection (2);
4195          (c) verify that payment is complete; and
4196          (d) record the completion of the shipment transaction in the electronic verification
4197     system.
4198          (4) The local health department shall:
4199          (a) (i) store each state central fill shipment that the local health department receives,
4200     until the recipient medical cannabis cardholder retrieves the shipment or the local health
4201     department returns the shipment to the state central fill medical cannabis pharmacy in
4202     accordance with Subsection (5), in a single, secure, locked area that is equipped with a security
4203     system that detects and records entry into the area; and
4204          (ii) ensure that only a local health department distribution agent is able to access the
4205     area;
4206          (b) return any unclaimed state central fill shipment to the state central fill medical
4207     cannabis pharmacy, in accordance with Subsection (5)(a), after the local health department has
4208     possessed the state central fill shipment for 10 business days; and
4209          (c) return any state central fill shipment to the state central fill medical cannabis
4210     pharmacy, in accordance with Subsection (5)(b), if a medical cannabis cardholder returns the

4211     shipment to the local health department after retrieving the shipment.
4212          (5) (a) If a local health department returns an unclaimed state central fill shipment
4213     under Subsection (4)(b), the state central fill medical cannabis pharmacy may repackage or
4214     otherwise reuse the shipment for another state central fill shipment.
4215          (b) If a local health department returns a returned state central fill shipment under
4216     Subsection (4)(c), the state central fill medical cannabis pharmacy shall dispose of the returned
4217     shipment by:
4218          (i) rendering the state central fill shipment unusable and unrecognizable before
4219     transporting the shipment from the state central fill medical cannabis pharmacy; and
4220          (ii) disposing of the state central fill shipment in accordance with:
4221          (A) federal and state laws, rules, and regulations related to hazardous waste;
4222          (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
4223          (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
4224          (D) other regulations that the department makes in accordance with Title 63G, Chapter
4225     3, Utah Administrative Rulemaking Act.
4226          Section 86. Section 26-61a-608 is enacted to read:
4227          26-61a-608. Department to set state central fill prices.
4228          (1) The department shall set a price schedule for cannabis in a medicinal dosage form
4229     that the state central fill medical cannabis pharmacy sells to medical cannabis cardholders
4230     through distribution to local health departments.
4231          (2) The department shall ensure that the price schedule described in Subsection (1):
4232          (a) through an annual review, takes into consideration:
4233          (i) the demand for medical cannabis and cannabis products dispensed through the state
4234     central fill medical cannabis pharmacy and the local health departments;
4235          (ii) the labor required to cultivate and process cannabis into a medicinal dosage form;
4236          (iii) the regulatory burden involved in the creation of the product; and
4237          (iv) any other consideration the department considers necessary; and
4238          (b) after at least three medical cannabis pharmacies that the department licenses under
4239     Section 26-61a-301 are operational, contains pricing for a specific product that is within 10%
4240     of the average price for the product among the operational medical cannabis pharmacies.
4241          (3) The department shall ensure that the price schedule that the department sets under

4242     Subsection (1) includes a set fee that the department deposits into the Qualified Distribution
4243     Enterprise Fund to cover the cost of:
4244          (a) the state central fill medical cannabis pharmacy; and
4245          (b) the courier described in Section 26-61a-605, if any.
4246          Section 87. Section 26-61a-609 is enacted to read:
4247          26-61a-609. Partial filling.
4248          (1) As used in this section, "partially fill" means to provide less than the full amount of
4249     cannabis or cannabis product that the qualified medical provider recommends, if the qualified
4250     medical provider recommended specific dosing parameters.
4251          (2) The state central fill medical cannabis pharmacy may partially fill a
4252     recommendation for a medical cannabis treatment at the request of the qualified medical
4253     provider who issued the medical cannabis treatment recommendation or the medical cannabis
4254     cardholder.
4255          (3) The department shall make rules in collaboration with the Division of Occupational
4256     and Professional Licensing and the Board of Pharmacy and in accordance with Title 63G,
4257     Chapter 3, Utah Administrative Rulemaking Act, specifying how to record the date, quantity
4258     supplied, and quantity remaining of a partially filled medical cannabis treatment
4259     recommendation.
4260          (4) A state central fill medical provider who is a pharmacist may, upon the request of a
4261     medical cannabis cardholder, determine different dosing parameters, subject to the dosing
4262     limits in Subsection 26-61a-604(2), to fill the quantity remaining of a partially filled medical
4263     cannabis treatment recommendation if:
4264          (a) the state central fill medical provider determined dosing parameters for the partial
4265     fill under Subsection 26-61a-604(4); and
4266          (b) the medical cannabis cardholder reports that:
4267          (i) the partial fill did not substantially affect the qualifying condition underlying the
4268     medical cannabis recommendation; or
4269          (ii) the patient experienced an adverse reaction to the partial fill or was otherwise
4270     unable to successfully use the partial fill.
4271          Section 88. Section 26-61a-610 is enacted to read:
4272          26-61a-610. Records -- Inspections.

4273          (1) The state central fill medical cannabis pharmacy shall maintain the pharmacy's
4274     medical cannabis treatment recommendation files and other records in accordance with this
4275     chapter, department rules, and the federal Health Insurance Portability and Accountability Act
4276     of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended.
4277          (2) The department may inspect the records and facility of the state central fill medical
4278     cannabis pharmacy or a local health department at any time during business hours in order to
4279     determine compliance with this chapter.
4280          (3) An inspection under this section may include:
4281          (a) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
4282     physical or electronic information;
4283          (b) questioning of any relevant individual; or
4284          (c) inspection of equipment, an instrument, a tool, or machinery, including a container
4285     or label.
4286          (4) In making an inspection under this section, the department may freely access any
4287     area and review and make copies of a book, record, paper, document, data, or other physical or
4288     electronic information, including financial data, sales data, shipping data, pricing data, and
4289     employee data.
4290          (5) Failure to provide the department or the department's authorized agents immediate
4291     access during business hours in accordance with this section may result in:
4292          (a) the imposition of a civil monetary penalty that the department sets in accordance
4293     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
4294          (b) license or registration suspension or revocation; or
4295          (c) an immediate cessation of operations under a cease and desist order that the
4296     department issues.
4297          Section 89. Section 26-61a-611 is enacted to read:
4298          26-61a-611. Advertising.
4299          (1) Except as provided in Subsection (2), the state central fill medical cannabis
4300     pharmacy may not advertise in any medium.
4301          (2) The state central fill medical cannabis pharmacy may maintain a website that
4302     includes information about:
4303          (a) the contact information for the state central fill medical cannabis pharmacy;

4304          (b) a product or service available through shipment from the state central fill medical
4305     cannabis pharmacy;
4306          (c) a description of the state central fill medical cannabis pharmacy shipment process;
4307          (d) information about retrieving a state central fill shipment at a local health
4308     department; or
4309          (e) educational material related to the medical use of cannabis.
4310          Section 90. Section 26-61a-701 is enacted to read:
4311     
Part 7. Enforcement

4312          26-61a-701. Enforcement -- Misdemeanor.
4313          (1) Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments,
4314     and Sections 26-61a-502, 26-61a-605, and 26-61a-607, it is unlawful for a medical cannabis
4315     cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a
4316     medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis
4317     device, or any cannabis residue remaining in or from a medical cannabis device.
4318          (2) (a) Except as provided in Subsection (2)(b), a medical cannabis cardholder who
4319     violates Subsection (1) is:
4320          (i) guilty of a class B misdemeanor; and
4321          (ii) subject to a $1,000 fine.
4322          (b) An individual is not guilty under Subsection (2)(a) if the individual:
4323          (i) (A) is a designated caregiver; and
4324          (B) gives the product described in Subsection (1) to the medical cannabis cardholder
4325     who designated the individual as a designated caregiver; or
4326          (ii) (A) is a medical cannabis guardian cardholder; and
4327          (B) gives the product described in Subsection (1) to the relevant provisional patient
4328     cardholder.
4329          (c) An individual who is guilty of a violation described in Subsection (2)(a) is not
4330     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
4331     underlying the violation described in Subsection (2)(a).
4332          Section 91. Section 26-61a-702, which is renumbered from Section 26-60b-601 is
4333     renumbered and amended to read:
4334          [26-60b-601].      26-61a-702. Enforcement -- Fine -- Citation.

4335          (1) (a) The department may, for a medical cannabis pharmacy's violation of this chapter
4336     [by a person who is a cannabis dispensary or cannabis dispensary agent]:
4337          [(a)] (i) revoke the [person's license or] medical cannabis [dispensary agent registration
4338     card] pharmacy license;
4339          [(b)] (ii) refuse to renew the [person's license or] medical cannabis [dispensary agent
4340     registration card] pharmacy license; or
4341          [(c)] (iii) assess the [person] medical cannabis pharmacy an administrative penalty.
4342          (b) The department may, for a medical cannabis pharmacy agent's or state central fill
4343     agent's violation of this chapter:
4344          (i) revoke the medical cannabis pharmacy agent or state central fill agent registration
4345     card;
4346          (ii) refuse to renew the medical cannabis pharmacy agent or state central fill agent
4347     registration card; or
4348          (iii) assess the medical cannabis pharmacy agent or state central fill agent an
4349     administrative penalty.
4350          (2) The department shall deposit an administrative penalty imposed under this section
4351     [in] into the [general fund] General Fund.
4352          (3) [The department may, for] For a person subject to an uncontested citation, a
4353     stipulated settlement, or a finding of a violation in an adjudicative proceeding under this
4354     section, the department may:
4355          (a) for a fine amount not already specified in law, assess the person a fine[, established
4356     in accordance with Section 63J-1-504,] of up to $5,000 per violation, in accordance with a fine
4357     schedule [established] that the department establishes by rule [made] in accordance with Title
4358     63G, Chapter 3, Utah Administrative Rulemaking Act; or
4359          (b) order the person to cease and desist from the action that creates a violation.
4360          (4) The department may not revoke a medical cannabis [dispensary's] pharmacy's
4361     license without first directing the medical cannabis [dispensary] pharmacy to appear before an
4362     adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4363          (5) If, within 20 calendar days after the day on which the department issues a citation
4364     for a violation of this chapter, the person that is the subject of the citation fails to request a
4365     hearing to contest the citation, the citation becomes the department's final order.

4366          (6) The department may, for a person who fails to comply with a citation under this
4367     section:
4368          (a) refuse to issue or renew the person's license [or cannabis dispensary] agent
4369     registration card; or
4370          (b) suspend, revoke, or place on probation the person's license or [cannabis dispensary]
4371     agent registration card.
4372          (7) (a) [If the department makes a final determination under this section that] Except
4373     where a criminal penalty is expressly provided for a specific violation of this chapter, if an
4374     individual [violated] violates a provision of this chapter, the individual is:
4375          (i) guilty of an infraction[.]; and
4376          (ii) subject to a $100 fine.
4377          (b) An individual who is guilty of a violation described in Subsection (7)(a) is not
4378     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
4379     underlying the violation described in Subsection (7)(a).
4380          Section 92. Section 26-61a-703, which is renumbered from Section 26-60b-602 is
4381     renumbered and amended to read:
4382          [26-60b-602].      26-61a-703. Report.
4383          (1) [The] By the November interim meeting each year, the department shall report
4384     [annually] to the Health and Human Services Interim Committee on:
4385          (a) the number of applications and renewal applications filed for medical cannabis
4386     cards[,];
4387          (b) the number of qualifying patients and designated caregivers[,];
4388          (c) the nature of the debilitating medical conditions of the qualifying patients[,];
4389          (d) the age and county of residence of cardholders[,];
4390          (e) the number of medical cannabis cards revoked[,];
4391          (f) the number of practitioners providing recommendations for qualifying patients[,];
4392          (g) the number of license applications and renewal license applications received[,];
4393          (h) the number of licenses the department has issued in each county[,];
4394          (i) the number of licenses the department has revoked[, and];
4395          (j) the quantity and timeliness of state central fill shipments, including the amount of
4396     time between recommendation to the state central fill medical cannabis pharmacy and arrival of

4397     a state central fill shipment at a local health department;
4398          (k) the market share of state central fill shipments;
4399          (l) the expenses incurred and revenues generated from the medical cannabis
4400     program[.];
4401          (m) the expenses incurred and revenues generated from the state central fill medical
4402     cannabis pharmacy, including a profit and loss statement; and
4403          (n) an analysis of product availability, including the price differential between
4404     comparable products, in medical cannabis pharmacies and the state central fill medical
4405     cannabis pharmacy.
4406          (2) The department may not include personally identifying information in the report
4407     described in this section.
4408          Section 93. Section 26-65-102 (Effective 07/01/19) is amended to read:
4409          26-65-102 (Effective 07/01/19). Definitions.
4410          (1) "Agent" means an employee or independent contractor of an entity.
4411          [(2) "Cannabidiol laboratory" means the same as that term is defined in Section
4412     4-43-102.]
4413          [(3)] (2) "Cannabidiol product" means [the same as that term is defined in Section
4414     4-41-102.] a chemical compound extracted from cannabis that:
4415          (a) is processed into a medicinal dosage form; and
4416          (b) contains less than 0.3% tetrahydrocannabinol by dry weight.
4417          (3) "Cannabis" means marijuana, as that term is defined in Section 58-37-2.
4418          [(4) "Cannabidiol-qualified pharmacy" means the same as that term is defined in
4419     Section 4-43-102.]
4420          [(5) "Cannabinoid Product Restricted Account" means the account created in Section
4421     4-43-801.]
4422          [(6)] (4) "Medicinal dosage form" means a qualifying dosage form for a cannabidiol
4423     product under Section 26-65-103.
4424          [(7)] (5) "Physician" means an individual who is licensed to practice:
4425          (a) medicine, under Title 58, Chapter 67, Utah Medical Practice Act; or
4426          (b) osteopathic medicine, under Title 58, Chapter 68, Utah Osteopathic Medical
4427     Practice Act.

4428          Section 94. Section 26-65-103 (Effective 07/01/19) is amended to read:
4429          26-65-103 (Effective 07/01/19). Medicinal dosage form.
4430          (1) For the purpose of this chapter, any of the following is a qualifying medicinal
4431     dosage form for a cannabidiol product:
4432          (a) a tablet;
4433          (b) a capsule;
4434          (c) a concentrated oil;
4435          (d) a liquid suspension;
4436          (e) a transdermal preparation; and
4437          (f) a sublingual preparation.
4438          (2) A patient may not purchase, use, or possess a cannabidiol product unless the
4439     cannabidiol product is prepared in a medicinal dosage form.
4440          (3) A [cannabidiol-qualified] pharmacy may not purchase, possess, or sell a
4441     cannabidiol product unless the cannabidiol product is prepared in a medicinal dosage form.
4442          (4) The department may recommend that the Legislature approve the use of an
4443     additional medicinal dosage form.
4444          Section 95. Section 30-3-10 is amended to read:
4445          30-3-10. Custody of children in case of separation or divorce -- Custody
4446     consideration.
4447          (1) If a [husband and wife] married couple having one or more minor children are
4448     separated, or their marriage is declared void or dissolved, the court shall make an order for the
4449     future care and custody of the minor children as it considers appropriate.
4450          (a) In determining any form of custody, including a change in custody, the court shall
4451     consider the best interests of the child without preference for either [the mother or father]
4452     parent solely because of the biological sex of the parent and, among other factors the court
4453     finds relevant, the following:
4454          (i) in accordance with Subsection (7), the past conduct and demonstrated moral
4455     standards of each of the parties;
4456          (ii) which parent is most likely to act in the best interest of the child, including
4457     allowing the child frequent and continuing contact with the noncustodial parent;
4458          (iii) the extent of bonding between the parent and child, meaning the depth, quality,

4459     and nature of the relationship between a parent and child;
4460          (iv) whether the parent has intentionally exposed the child to pornography or material
4461     harmful to a minor, as defined in Section 76-10-1201; and
4462          (v) those factors outlined in Section 30-3-10.2.
4463          (b) There [shall be] is a rebuttable presumption that joint legal custody, as defined in
4464     Section 30-3-10.1, is in the best interest of the child, except in cases where there is:
4465          (i) domestic violence in the home or in the presence of the child;
4466          (ii) special physical or mental needs of a parent or child, making joint legal custody
4467     unreasonable;
4468          (iii) physical distance between the residences of the parents, making joint decision
4469     making impractical in certain circumstances; or
4470          (iv) any other factor the court considers relevant including those listed in this section
4471     and Section 30-3-10.2.
4472          (c) (i) The person who desires joint legal custody shall file a proposed parenting plan in
4473     accordance with Sections 30-3-10.8 and 30-3-10.9.
4474          (ii) A presumption for joint legal custody may be rebutted by a showing by a
4475     preponderance of the evidence that it is not in the best interest of the child.
4476          (d) [The children] A child may not be required by either party to testify unless the trier
4477     of fact determines that extenuating circumstances exist that would necessitate the testimony of
4478     the [children] child be heard and there is no other reasonable method to present [their] the
4479     child's testimony.
4480          (e) (i) The court may inquire of [the children] the child's and take into consideration the
4481     [children's] the child's desires regarding future custody or parent-time schedules, but the
4482     expressed desires are not controlling and the court may determine the children's custody or
4483     parent-time otherwise.
4484          (ii) The desires of a child 14 years of age or older shall be given added weight, but is
4485     not the single controlling factor.
4486          (f) (i) If [interviews] an interview with [the children are] a child is conducted by the
4487     court pursuant to Subsection (1)(e), [they] the interview shall be conducted by the judge in
4488     camera.
4489          (ii) The prior consent of the parties may be obtained but is not necessary if the court

4490     finds that an interview with [the children] a child is the only method to ascertain the child's
4491     desires regarding custody.
4492          (2) In awarding custody, the court shall consider, among other factors the court finds
4493     relevant, which parent is most likely to act in the best interests of the child, including allowing
4494     the child frequent and continuing contact with the noncustodial parent as the court finds
4495     appropriate.
4496          (3) If the court finds that one parent does not desire custody of the child, the court shall
4497     take that evidence into consideration in determining whether to award custody to the other
4498     parent.
4499          (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
4500     parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining
4501     whether a substantial change has occurred for the purpose of modifying an award of custody.
4502          (b) [If a] The court [takes a parent's] may not consider the disability [into account] of a
4503     parent as a factor in awarding custody or [determining whether] modifying an award of custody
4504     based on a determination of a substantial change [has occurred for the purpose of modifying an
4505     award of custody, the parent with a disability may rebut any evidence, presumption, or
4506     inference arising from the disability by showing] in circumstances, unless the court makes
4507     specific findings that:
4508          (i) the disability [does not] significantly or substantially [inhibit] inhibits the parent's
4509     ability to provide for the physical and emotional needs of the child at issue; and
4510          (ii) the parent with a disability [has] lacks sufficient human, monetary, or other
4511     resources available to supplement the parent's ability to provide for the physical and emotional
4512     needs of the child at issue.
4513          (c) Nothing in this section may be construed to apply to adoption proceedings under
4514     Title 78B, Chapter 6, Part 1, Utah Adoption Act.
4515          (5) This section establishes neither a preference nor a presumption for or against joint
4516     physical custody or sole physical custody, but allows the court and the family the widest
4517     discretion to choose a parenting plan that is in the best interest of the child.
4518          (6) When an issue before the court involves custodial responsibility in the event of a
4519     deployment of one or both parents who are servicemembers, and the servicemember has not yet
4520     been notified of deployment, the court shall resolve the issue based on the standards in Sections

4521     78B-20-306 through 78B-20-309.
4522          [(6)] (7) In considering the past conduct and demonstrated moral standards of each [of
4523     the parties as described] party under Subsection (1)(a)(i)[,] or any other factor a court finds
4524     relevant, the court may not discriminate against a parent because of or otherwise consider the
4525     parent's:
4526          (a) lawful possession or [consumption] use of cannabis in a medicinal dosage form, a
4527     cannabis product in a medicinal dosage form, or a medical cannabis device, in accordance with
4528     Title 26, Chapter [60b] 61a, Utah Medical Cannabis Act, except as it relates to that parent's
4529     ability to care for a child; or [because of]
4530          (b) [the parent's] status as a:
4531          (i) cannabis production establishment agent, as that term is defined in Section
4532     4-41a-102;
4533          (ii) medical cannabis pharmacy agent, as that term is defined in Section 26-61a-102;
4534          (iii) state central fill agent, as that term is defined in Section 26-61a-102; or
4535          (iv) medical cannabis cardholder in accordance with [Title 4, Chapter 41b, a cannabis
4536     dispensary agent in accordance with Title 26, Chapter 60b, or a medical cannabis card holder in
4537     accordance with] Title 26, Chapter [60b] 61a, Utah Medical Cannabis Act.
4538          Section 96. Section 34A-2-418 is amended to read:
4539          34A-2-418. Awards -- Medical, nursing, hospital, and burial expenses -- Artificial
4540     means and appliances.
4541          (1) In addition to the compensation provided in this chapter or Chapter 3, Utah
4542     Occupational Disease Act, and subject to Subsection 34A-2-407(11), the employer or the
4543     insurance carrier shall pay reasonable sums for medical, nurse, and hospital services, for
4544     medicines, and for artificial means, appliances, and prostheses necessary to treat the injured
4545     employee.
4546          (2) The employer and the insurance carrier are not required to pay or reimburse for
4547     cannabis, a cannabis product, or a medical cannabis device, as those terms are defined in
4548     Section 26-61a-102.
4549          [(2)] (3) If death results from the injury, the employer or the insurance carrier shall pay
4550     the burial expenses in ordinary cases as established by rule.
4551          [(3)] (4) If a compensable accident results in the breaking of or loss of an employee's

4552     artificial means or appliance including eyeglasses, the employer or insurance carrier shall
4553     provide a replacement of the artificial means or appliance.
4554          [(4)] (5) An administrative law judge may require the employer or insurance carrier to
4555     maintain the artificial means or appliances or provide the employee with a replacement of any
4556     artificial means or appliance for the reason of breakage, wear and tear, deterioration, or
4557     obsolescence.
4558          [(5)] (6) An administrative law judge may, in unusual cases, order, as the
4559     administrative law judge considers just and proper, the payment of additional sums:
4560          (a) for burial expenses; or
4561          (b) to provide for artificial means or appliances.
4562          Section 97. Section 41-6a-517 (Superseded 07/01/19) is amended to read:
4563          41-6a-517 (Superseded 07/01/19). Definitions -- Driving with any measurable
4564     controlled substance in the body -- Penalties -- Arrest without warrant.
4565          (1) As used in this section:
4566          (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
4567          (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
4568          (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
4569          (d) "Prescription" means the same as that term is defined in Section 58-37-2.
4570          (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
4571     operate or be in actual physical control of a motor vehicle within this state if the person has any
4572     measurable controlled substance or metabolite of a controlled substance in the person's body.
4573          (3) It is an affirmative defense to prosecution under this section that the controlled
4574     substance was:
4575          (a) involuntarily ingested by the accused;
4576          (b) prescribed by a practitioner for use by the accused; [or]
4577          (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
4578     form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
4579     Cannabis Act; or
4580          [(c)] (d) otherwise legally ingested.
4581          (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
4582     misdemeanor.

4583          (b) A person who violates this section is subject to conviction and sentencing under
4584     both this section and any applicable offense under Section 58-37-8.
4585          (5) A peace officer may, without a warrant, arrest a person for a violation of this
4586     section when the officer has probable cause to believe the violation has occurred, although not
4587     in the officer's presence, and if the officer has probable cause to believe that the violation was
4588     committed by the person.
4589          (6) The Driver License Division shall, if the person is 21 years of age or older on the
4590     date of arrest:
4591          (a) suspend, for a period of 120 days, the driver license of a person convicted under
4592     Subsection (2) of an offense committed on or after July 1, 2009; or
4593          (b) revoke, for a period of two years, the driver license of a person if:
4594          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4595          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4596     and within a period of 10 years after the date of the prior violation.
4597          (7) The Driver License Division shall, if the person is 19 years of age or older but
4598     under 21 years of age on the date of arrest:
4599          (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
4600     longer, the driver license of a person convicted under Subsection (2) of an offense committed
4601     on or after July 1, 2011; or
4602          (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
4603     longer, the driver license of a person if:
4604          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4605          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4606     and within a period of 10 years after the date of the prior violation.
4607          (8) The Driver License Division shall, if the person is under 19 years of age on the date
4608     of arrest:
4609          (a) suspend, until the person is 21 years of age, the driver license of a person convicted
4610     under Subsection (2) of an offense committed on or after July 1, 2009; or
4611          (b) revoke, until the person is 21 years of age, the driver license of a person if:
4612          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4613          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,

4614     and within a period of 10 years after the date of the prior violation.
4615          (9) The Driver License Division shall subtract from any suspension or revocation
4616     period the number of days for which a license was previously suspended under Section
4617     53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
4618     which the record of conviction is based.
4619          (10) The Driver License Division shall:
4620          (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
4621     effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
4622     committed prior to July 1, 2009; or
4623          (b) deny, suspend, or revoke the operator's license of a person for the denial,
4624     suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
4625          (i) the person was 20 years of age or older but under 21 years of age at the time of
4626     arrest; and
4627          (ii) the conviction under Subsection (2) is for an offense that was committed on or after
4628     July 1, 2009, and prior to July 1, 2011.
4629          (11) A court that reported a conviction of a violation of this section for a violation that
4630     occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
4631     period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
4632     if the person:
4633          (a) completes at least six months of the license suspension;
4634          (b) completes a screening;
4635          (c) completes an assessment, if it is found appropriate by a screening under Subsection
4636     (11)(b);
4637          (d) completes substance abuse treatment if it is found appropriate by the assessment
4638     under Subsection (11)(c);
4639          (e) completes an educational series if substance abuse treatment is not required by the
4640     assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
4641          (f) has not been convicted of a violation of any motor vehicle law in which the person
4642     was involved as the operator of the vehicle during the suspension period imposed under
4643     Subsection (7)(a) or (8)(a);
4644          (g) has complied with all the terms of the person's probation or all orders of the court if

4645     not ordered to probation; and
4646          (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
4647     person has not consumed a controlled substance not prescribed by a practitioner for use by the
4648     person or unlawfully consumed alcohol during the suspension period imposed under
4649     Subsection (7)(a) or (8)(a); or
4650          (ii) is under 18 years of age and has the person's parent or legal guardian provide an
4651     affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
4652     knowledge the person has not consumed a controlled substance not prescribed by a practitioner
4653     for use by the person or unlawfully consumed alcohol during the suspension period imposed
4654     under Subsection (7)(a) or (8)(a).
4655          (12) If the court shortens a person's license suspension period in accordance with the
4656     requirements of Subsection (11), the court shall forward the order shortening the person's
4657     license suspension period prior to the completion of the suspension period imposed under
4658     Subsection (7)(a) or (8)(a) to the Driver License Division.
4659          (13) (a) The court shall notify the Driver License Division if a person fails to:
4660          (i) complete all court ordered screening and assessment, educational series, and
4661     substance abuse treatment; or
4662          (ii) pay all fines and fees, including fees for restitution and treatment costs.
4663          (b) Upon receiving the notification, the division shall suspend the person's driving
4664     privilege in accordance with Subsections 53-3-221(2) and (3).
4665          (14) The court:
4666          (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
4667     convicted under Subsection (2); and
4668          (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
4669     program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
4670          (15) (a) A court that reported a conviction of a violation of this section to the Driver
4671     License Division may shorten the suspension period imposed under Subsection (6) before
4672     completion of the suspension period if the person is participating in or has successfully
4673     completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
4674          (b) If the court shortens a person's license suspension period in accordance with the
4675     requirements of this Subsection (15), the court shall forward to the Driver License Division the

4676     order shortening the person's suspension period.
4677          (c) The court shall notify the Driver License Division if a person fails to complete all
4678     requirements of a 24-7 sobriety program.
4679          (d) Upon receiving the notification described in Subsection (15)(c), the division shall
4680     suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
4681          Section 98. Section 41-6a-517 (Effective 07/01/19) is amended to read:
4682          41-6a-517 (Effective 07/01/19). Definitions -- Driving with any measurable
4683     controlled substance in the body -- Penalties -- Arrest without warrant.
4684          (1) As used in this section:
4685          (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
4686          (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
4687          (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
4688          (d) "Prescription" means the same as that term is defined in Section 58-37-2.
4689          (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
4690     operate or be in actual physical control of a motor vehicle within this state if the person has any
4691     measurable controlled substance or metabolite of a controlled substance in the person's body.
4692          (3) It is an affirmative defense to prosecution under this section that the controlled
4693     substance was:
4694          (a) involuntarily ingested by the accused;
4695          (b) prescribed by a practitioner for use by the accused [or recommended by a physician
4696     for use by the accused; or];
4697          (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
4698     form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
4699     Cannabis Act; or
4700          [(c)] (d) otherwise legally ingested.
4701          (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
4702     misdemeanor.
4703          (b) A person who violates this section is subject to conviction and sentencing under
4704     both this section and any applicable offense under Section 58-37-8.
4705          (5) A peace officer may, without a warrant, arrest a person for a violation of this
4706     section when the officer has probable cause to believe the violation has occurred, although not

4707     in the officer's presence, and if the officer has probable cause to believe that the violation was
4708     committed by the person.
4709          (6) The Driver License Division shall, if the person is 21 years of age or older on the
4710     date of arrest:
4711          (a) suspend, for a period of 120 days, the driver license of a person convicted under
4712     Subsection (2) of an offense committed on or after July 1, 2009; or
4713          (b) revoke, for a period of two years, the driver license of a person if:
4714          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4715          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4716     and within a period of 10 years after the date of the prior violation.
4717          (7) The Driver License Division shall, if the person is 19 years of age or older but
4718     under 21 years of age on the date of arrest:
4719          (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
4720     longer, the driver license of a person convicted under Subsection (2) of an offense committed
4721     on or after July 1, 2011; or
4722          (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
4723     longer, the driver license of a person if:
4724          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4725          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4726     and within a period of 10 years after the date of the prior violation.
4727          (8) The Driver License Division shall, if the person is under 19 years of age on the date
4728     of arrest:
4729          (a) suspend, until the person is 21 years of age, the driver license of a person convicted
4730     under Subsection (2) of an offense committed on or after July 1, 2009; or
4731          (b) revoke, until the person is 21 years of age, the driver license of a person if:
4732          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
4733          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
4734     and within a period of 10 years after the date of the prior violation.
4735          (9) The Driver License Division shall subtract from any suspension or revocation
4736     period the number of days for which a license was previously suspended under Section
4737     53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon

4738     which the record of conviction is based.
4739          (10) The Driver License Division shall:
4740          (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
4741     effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
4742     committed prior to July 1, 2009; or
4743          (b) deny, suspend, or revoke the operator's license of a person for the denial,
4744     suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
4745          (i) the person was 20 years of age or older but under 21 years of age at the time of
4746     arrest; and
4747          (ii) the conviction under Subsection (2) is for an offense that was committed on or after
4748     July 1, 2009, and prior to July 1, 2011.
4749          (11) A court that reported a conviction of a violation of this section for a violation that
4750     occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
4751     period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
4752     if the person:
4753          (a) completes at least six months of the license suspension;
4754          (b) completes a screening;
4755          (c) completes an assessment, if it is found appropriate by a screening under Subsection
4756     (11)(b);
4757          (d) completes substance abuse treatment if it is found appropriate by the assessment
4758     under Subsection (11)(c);
4759          (e) completes an educational series if substance abuse treatment is not required by the
4760     assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
4761          (f) has not been convicted of a violation of any motor vehicle law in which the person
4762     was involved as the operator of the vehicle during the suspension period imposed under
4763     Subsection (7)(a) or (8)(a);
4764          (g) has complied with all the terms of the person's probation or all orders of the court if
4765     not ordered to probation; and
4766          (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
4767     person has not consumed a controlled substance not prescribed by a practitioner for use by the
4768     person or unlawfully consumed alcohol during the suspension period imposed under

4769     Subsection (7)(a) or (8)(a); or
4770          (ii) is under 18 years of age and has the person's parent or legal guardian provide an
4771     affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
4772     knowledge the person has not consumed a controlled substance not prescribed by a practitioner
4773     for use by the person or unlawfully consumed alcohol during the suspension period imposed
4774     under Subsection (7)(a) or (8)(a).
4775          (12) If the court shortens a person's license suspension period in accordance with the
4776     requirements of Subsection (11), the court shall forward the order shortening the person's
4777     license suspension period prior to the completion of the suspension period imposed under
4778     Subsection (7)(a) or (8)(a) to the Driver License Division.
4779          (13) (a) The court shall notify the Driver License Division if a person fails to:
4780          (i) complete all court ordered screening and assessment, educational series, and
4781     substance abuse treatment; or
4782          (ii) pay all fines and fees, including fees for restitution and treatment costs.
4783          (b) Upon receiving the notification, the division shall suspend the person's driving
4784     privilege in accordance with Subsections 53-3-221(2) and (3).
4785          (14) The court:
4786          (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
4787     convicted under Subsection (2); and
4788          (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
4789     program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
4790          (15) (a) A court that reported a conviction of a violation of this section to the Driver
4791     License Division may shorten the suspension period imposed under Subsection (6) before
4792     completion of the suspension period if the person is participating in or has successfully
4793     completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
4794          (b) If the court shortens a person's license suspension period in accordance with the
4795     requirements of this Subsection (15), the court shall forward to the Driver License Division the
4796     order shortening the person's suspension period.
4797          (c) The court shall notify the Driver License Division if a person fails to complete all
4798     requirements of a 24-7 sobriety program.
4799          (d) Upon receiving the notification described in Subsection (15)(c), the division shall

4800     suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
4801          Section 99. Section 49-11-1401 is amended to read:
4802          49-11-1401. Forfeiture of retirement benefits for employees for employment
4803     related offense convictions -- Notifications -- Investigations -- Appeals.
4804          (1) As used in this section:
4805          (a) "Convicted" means a conviction by plea or by verdict, including a plea of guilty or a
4806     plea of no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
4807     regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance
4808     with the plea in abeyance agreement.
4809          (b) "Employee" means a member of a system or plan administered by the board.
4810          (c) (i) "Employment related offense" means a felony committed during employment or
4811     the term of an elected or appointed office with a participating employer that is:
4812          [(i)] (A) during the performance of the employee's duties;
4813          [(ii)] (B) within the scope of the employee's employment; or
4814          [(iii)] (C) under color of the employee's authority.
4815          (ii) "Employment related offense" does not include any federal offense for conduct that
4816     is lawful under Title 26, Chapter 61a, Utah Medical Cannabis Act.
4817          (2) (a) Notwithstanding any other provision of this title, an employee shall forfeit
4818     accrual of service credit, employer retirement related contributions, including employer
4819     contributions to the employer sponsored defined contribution plans, or other retirement related
4820     benefits from a system or plan under this title in accordance with this section.
4821          (b) The forfeiture of retirement related benefits under Subsection (2)(a) does not
4822     include the employee's contribution to a defined contribution plan.
4823          (3) An employee shall forfeit the benefits described under Subsection (2)(a):
4824          (a) if the employee is convicted of an employment related offense;
4825          (b) beginning on the day on which the employment related offense occurred; and
4826          (c) until the employee is either:
4827          (i) re-elected or reappointed to office; or
4828          (ii) (A) terminated from the position for which the employee was found to have
4829     committed an employment related offense; and
4830          (B) rehired or hired as an employee who is eligible to be a member of a Utah state

4831     retirement system or plan.
4832          (4) The employee's participating employer shall:
4833          (a) immediately notify the office:
4834          (i) if an employee is charged with an offense that is or may be an employment related
4835     offense under this section; and
4836          (ii) if the employee described in Subsection (4)(a)(i) is acquitted of the offense that is
4837     or may be an employment related offense under this section; and
4838          (b) if the employee is convicted of an offense that may be an employment related
4839     offense:
4840          (i) conduct an investigation, which may rely on the conviction, to determine:
4841          (A) whether the conviction is for an employment related offense; and
4842          (B) the date on which the employment related offense was initially committed; and
4843          (ii) after the period of time for an appeal by an employee under Subsection (5),
4844     immediately notify the office of the employer's determination under this Subsection (4)(b).
4845          (5) An employee may appeal the employee's participating employer's determination
4846     under Subsection (4)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures
4847     Act.
4848          (6) (a) Notwithstanding Subsection (4), a district attorney, a county attorney, the
4849     attorney general's office, or the state auditor may notify the office and the employee's
4850     participating employer if an employee is charged with an offense that is or may be an
4851     employment related offense under this section.
4852          (b) If the employee's participating employer receives a notification under Subsection
4853     (6)(a), the participating employer shall immediately report to the entity that provided the
4854     notification under Subsection (6)(a):
4855          (i) if the employee is acquitted of the offense;
4856          (ii) if the employee is convicted of an offense that may be an employment related
4857     offense; and
4858          (iii) when the participating employer has concluded its duties under this section if the
4859     employee is convicted, including conducting an investigation, making a determination under
4860     Subsection (4)(b) that the conviction was for an employment related offense, and notifying the
4861     office under Subsection (7).

4862          (c) The notifying entity under Subsection (6)(a) may assist the employee's participating
4863     employer with the investigation and determination described under Subsection (4)(b).
4864          (7) Upon receiving a notification from a participating employer that the participating
4865     employer has made a determination under Subsection (4)(b) that the conviction was for an
4866     employment related offense, the office shall immediately forfeit any service credit, employer
4867     retirement related contributions, including employer contributions to the employer sponsored
4868     contribution plans, or other retirement related benefits accrued by or made for the benefit of the
4869     employee, beginning on the date of the initial employment related offense determined under
4870     Subsection (4)(b).
4871          (8) This section applies to an employee who is convicted on or after the effective date
4872     of this act for an employment related offense.
4873          (9) The board may make rules to implement this section.
4874          (10) If any provision of this section, or the application of any provision to any person
4875     or circumstance, is held invalid, the remainder of this section shall be given effect without the
4876     invalid provision or application.
4877          Section 100. Section 53-1-106.5 is amended to read:
4878          53-1-106.5. Utah Medical Cannabis Act -- Department duties.
4879          In addition to the duties described in Section 53-1-106, the department shall:
4880          (1) provide standards for training peace officers and law enforcement agencies in the
4881     use of the state electronic verification system; and
4882          (2) collaborate with the Department of Health and the Department of Agriculture and
4883     Food to provide standards for training peace officers and law enforcement agencies in medical
4884     cannabis law.
4885          Section 101. Section 58-17b-302 is amended to read:
4886          58-17b-302. License required -- License classifications for pharmacy facilities.
4887          (1) A license is required to act as a pharmacy, except:
4888          (a) as specifically exempted from licensure under Section 58-1-307[.]; and
4889          (b) for the operation of a medical cannabis pharmacy or the state central fill medical
4890     cannabis pharmacy under Title 26, Chapter 61a, Utah Medical Cannabis Act.
4891          (2) The division shall issue a pharmacy license to a facility that qualifies under this
4892     chapter in the classification of a:

4893          (a) class A pharmacy;
4894          (b) class B pharmacy;
4895          (c) class C pharmacy;
4896          (d) class D pharmacy;
4897          (e) class E pharmacy; or
4898          (f) dispensing medical practitioner clinic pharmacy.
4899          (3) (a) Each place of business shall require a separate license.
4900          (b) If multiple pharmacies exist at the same address, a separate license shall be required
4901     for each pharmacy.
4902          (4) (a) The division may further define or supplement the classifications of pharmacies.
4903          (b) The division may impose restrictions upon classifications to protect the public
4904     health, safety, and welfare.
4905          (5) Each pharmacy, including the state central fill medical cannabis pharmacy, shall
4906     have a pharmacist-in-charge, except as otherwise provided by rule.
4907          (6) Whenever an applicable statute or rule requires or prohibits action by a pharmacy,
4908     the pharmacist-in-charge and the owner of the pharmacy shall be responsible for all activities
4909     of the pharmacy, regardless of the form of the business organization.
4910          Section 102. Section 58-17b-310 is amended to read:
4911          58-17b-310. Continuing education.
4912          (1) The division in collaboration with the board may establish by rule continuing
4913     education requirements for each classification of licensure under this chapter.
4914          (2) The division shall accept and apply toward an hour requirement that the division
4915     establishes under Subsection (1) continuing education that a pharmacist completes in
4916     accordance with Sections 26-61a-403 and 26-61a-601.
4917          Section 103. Section 58-17b-502 is amended to read:
4918          58-17b-502. Unprofessional conduct.
4919          (1) "Unprofessional conduct" includes:
4920          [(1)] (a) willfully deceiving or attempting to deceive the division, the board, or their
4921     agents as to any relevant matter regarding compliance under this chapter;
4922          [(2) (a)] (b) except as provided in Subsection (2)[(b)]:
4923          (i) paying or offering rebates to practitioners or any other health care providers, or

4924     receiving or soliciting rebates from practitioners or any other health care provider; or
4925          (ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
4926     bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
4927     provider, for the purpose of obtaining referrals[.];
4928          [(b) Subsection (2)(a) does not apply to:]
4929          [(i) giving or receiving price discounts based on purchase volume;]
4930          [(ii) passing along pharmaceutical manufacturer's rebates; or]
4931          [(iii) providing compensation for services to a veterinarian.]
4932          [(3)] (c) misbranding or adulteration of any drug or device or the sale, distribution, or
4933     dispensing of any outdated, misbranded, or adulterated drug or device;
4934          [(4)] (d) engaging in the sale or purchase of drugs or devices that are samples or
4935     packages bearing the inscription "sample" or "not for resale" or similar words or phrases;
4936          [(5)] (e) except as provided in Section 58-17b-503 or Part 9, Charitable Prescription
4937     Drug Recycling Act, accepting back and redistributing any unused drug, or a part of it, after it
4938     has left the premises of any pharmacy, unless the drug is in a unit pack, as defined in Section
4939     58-17b-503, or the manufacturer's sealed container, as defined in rule;
4940          [(6)] (f) an act in violation of this chapter committed by a person for any form of
4941     compensation if the act is incidental to the person's professional activities, including the
4942     activities of a pharmacist, pharmacy intern, or pharmacy technician;
4943          [(7)] (g) violating:
4944          [(a)] (i) the federal Controlled Substances Act, Title II, P.L. 91-513;
4945          [(b)] (ii) Title 58, Chapter 37, Utah Controlled Substances Act; or
4946          [(c)] (iii) rules or regulations adopted under either act;
4947          [(8)] (h) requiring or permitting pharmacy interns or technicians to engage in activities
4948     outside the scope of practice for their respective license classifications, as defined in this
4949     chapter and division rules made in collaboration with the board, or beyond their scope of
4950     training and ability;
4951          [(9)] (i) administering:
4952          [(a)] (i) without appropriate training, as defined by rule;
4953          [(b)] (ii) without a physician's order, when one is required by law; and
4954          [(c)] (iii) in conflict with a practitioner's written guidelines or written protocol for

4955     administering;
4956          [(10)] (j) disclosing confidential patient information in violation of the provisions of
4957     the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110
4958     Stat. 1936, as amended, or other applicable law;
4959          [(11)] (k) engaging in the practice of pharmacy without a licensed pharmacist
4960     designated as the pharmacist-in-charge;
4961          [(12)] (l) failing to report to the division any adverse action taken by another licensing
4962     jurisdiction, government agency, law enforcement agency, or court for conduct that in
4963     substance would be considered unprofessional conduct under this section;
4964          [(13)] (m) as a pharmacist or pharmacy intern, compounding a prescription drug in a
4965     dosage form which is regularly and commonly available from a manufacturer in quantities and
4966     strengths prescribed by a practitioner; [and]
4967          [(14)] (n) failing to act in accordance with Title 26, Chapter 64, Family Planning
4968     Access Act, when dispensing a self-administered hormonal contraceptive under a standing
4969     order[.]; and
4970          (o) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
4971          (2) Subsection (1)(b) does not apply to:
4972          (a) giving or receiving a price discount based on purchase volume;
4973          (b) passing along a pharmaceutical manufacturer's rebate; or
4974          (c) providing compensation for services to a veterinarian.
4975          (3) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
4976     61a, Utah Medical Cannabis Act:
4977          (a) when registered as a pharmacy medical provider, as that term is defined in Section
4978     20-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
4979          (b) when registered as a state central fill medical provider, as that term is defined in
4980     Section 26-61a-102, providing state central fill medical provider services in the state central fill
4981     medical cannabis pharmacy.
4982          (4) Notwithstanding Subsection (3), the division, in consultation with the board and in
4983     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
4984     unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
4985          Section 104. Section 58-20b-101 is enacted to read:

4986     
CHAPTER 20b. ENVIRONMENTAL HEALTH SCIENTIST ACT

4987     
Part 1. General Provisions.

4988          58-20b-101. Title.
4989          This chapter is known as the "Environmental Health Scientist Act."
4990          Section 105. Section 58-20b-102 is enacted to read:
4991          58-20b-102. Definitions.
4992          In addition to the definitions in Section 58-1-102, as used in this chapter:
4993          (1) "Accredited program" means a degree-offering program from:
4994          (a) an institution, college, or university that is accredited by the Department of
4995     Education or the Council for Higher Education Accreditation; or
4996          (b) a non-accredited institution, college, or university that offers education equivalent
4997     to Department of Education-accredited programs, as determined by a third party selected by the
4998     board.
4999          (2) "Board" means the Environmental Health Scientist Board created in Section
5000     58-20b-201.
5001          (3) "General supervision" means the supervising environmental health scientist is
5002     available for immediate voice communication with the person he or she is supervising.
5003          (4) "Practice of environmental health science" means:
5004          (a) the enforcement of, the issuance of permits required by, or the inspection for the
5005     purpose of enforcing state and local public health laws in the following areas:
5006          (i) air quality;
5007          (ii) food quality;
5008          (iii) solid, hazardous, and toxic substances disposal;
5009          (iv) consumer product safety;
5010          (v) housing;
5011          (vi) noise control;
5012          (vii) radiation protection;
5013          (viii) water quality;
5014          (ix) vector control;
5015          (x) drinking water quality;
5016          (xi) milk sanitation;

5017          (xii) rabies control;
5018          (xiii) public health nuisances;
5019          (xiv) indoor clean air regulations;
5020          (xv) institutional and residential sanitation; or
5021          (xvi) recreational facilities sanitation; or
5022          (b) representing oneself in any manner as, or using the titles "environmental health
5023     scientist," "environmental health scientist-in-training," or "registered sanitarian."
5024          (5) "Unlawful conduct" means the same as that term is defined in Section 58-1-501.
5025          (6) "Unprofessional conduct" means the same as that term is defined in Sections
5026     58-1-501 and 58-20b-501 and as may be further defined by division rule.
5027          Section 106. Section 58-20b-201 is enacted to read:
5028     
Part 2. Board.

5029          58-20b-201. Board.
5030          (1) There is created the Environmental Health Scientist Board consisting of four
5031     environmental health scientists in good standing and one member of the general public.
5032          (2) The board shall be appointed and serve in accordance with Section 58-1-201.
5033          (3) The duties and responsibilities of the board shall be in accordance with Sections
5034     58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a
5035     permanent or rotating basis to:
5036          (a) assist the division in reviewing complaints concerning the unlawful or
5037     unprofessional conduct of a licensee; and
5038          (b) advise the division in its investigation of these complaints.
5039          (4) A board member who has, under Subsection (3), reviewed a complaint or advised
5040     in the investigation of the complaint is disqualified from participating with the board when the
5041     board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
5042          Section 107. Section 58-20b-301 is enacted to read:
5043     
Part 3. Licensing.

5044          58-20b-301. Licensure required -- License classifications.
5045          (1) A person shall hold a license under this chapter in order to engage in the practice of
5046     environmental health science while employed by any of the following, except as specifically
5047     exempted in Section 58-20b-305 or 58-1-307:

5048          (a) a local health department;
5049          (b) the state Department of Health;
5050          (c) the state Department of Human Services;
5051          (d) the Department of Agriculture and Food as a food and dairy compliance officer; or
5052          (e) a local health department as its director of environmental health services.
5053          (2) Any other individual not subject to Subsection (1) may also be licensed under this
5054     chapter upon compliance with all requirements.
5055          (3) The division shall issue to persons who qualify under this chapter a license in the
5056     classification:
5057          (a) environmental health scientist; or
5058          (b) environmental health scientist-in-training.
5059          Section 108. Section 58-20b-302 is enacted to read:
5060          58-20b-302. Qualifications for licensure.
5061          (1) Except as provided in Subsection (2), an applicant for licensure as an
5062     environmental health scientist shall:
5063          (a) submit an application in a form prescribed by the division;
5064          (b) pay a fee determined by the department under Section 63J-1-504;
5065          (c) be of good moral character;
5066          (d) hold, at a minimum, a bachelor's degree from an accredited program in a university
5067     or college, which degree includes completion of specific course work as defined by rule;
5068          (e) pass an examination as determined by division rule in collaboration with the board;
5069     and
5070          (f) pass the Utah Law and Rules Examination for Environmental Health Scientists
5071     administered by the division.
5072          (2) An applicant for licensure as an environmental health scientist-in-training shall:
5073          (a) submit an application in a form prescribed by the division;
5074          (b) pay a fee determined by the department under Section 63J-1-504;
5075          (c) be of good moral character;
5076          (d) hold, at a minimum, a bachelor's degree from an accredited program in a university
5077     or college, which degree includes completion of specific course work as defined by rule;
5078          (e) pass the Utah Law and Rules Examination for Environmental Health Scientists

5079     administered by the division; and
5080          (f) present evidence acceptable to the division and the board that the applicant, when
5081     licensed, will practice as an environmental health scientist-in-training only under the general
5082     supervision of a supervising environmental health scientist licensed under this chapter.
5083          Section 109. Section 58-20b-303 is enacted to read:
5084          58-20b-303. Term of license -- Expiration -- Renewal.
5085          (1) (a) The division shall issue each license for an environmental health scientist in
5086     accordance with a two-year renewal cycle established by rule.
5087          (b) The division may by rule extend or shorten a renewal period by as much as one year
5088     to stagger the renewal cycles it administers.
5089          (2) Each license for an environmental health scientist-in-training shall be issued for a
5090     term of two years and may not be renewed.
5091          (3) Each license issued under this chapter automatically expires on the expiration date
5092     shown on the license unless the licensee renews it in accordance with Section 58-1-308.
5093          Section 110. Section 58-20b-304 is enacted to read:
5094          58-20b-304. Continuing education.
5095          Each person holding a license under this chapter as an environmental health scientist or
5096     an environmental health scientist-in-training shall complete in each two-year period of
5097     licensure not fewer than 30 hours of professional continuing education in accordance with
5098     standards defined by division rule.
5099          Section 111. Section 58-20b-305 is enacted to read:
5100          58-20b-305. Exemptions from licensure.
5101          In addition to the exemptions from licensure in Section 58-1-307, a person is exempt
5102     from the licensure requirements of this chapter if:
5103          (1) the person's practice of environmental health science is limited to inspecting in
5104     order to enforce compliance with an inspection and maintenance program established pursuant
5105     to Section 41-6a-1642 or to issuing permits under that program;
5106          (2) the person is a laboratory staff person employed by the Department of Agriculture
5107     and Food or the Department of Health, and in the person's employment inspects, permits,
5108     certifies, or otherwise enforces laboratory standards in laboratories regulated by state or local
5109     public health laws; or

5110          (3) the person is the local health officer of a local public health department, which
5111     employs a director of environmental health services licensed under this chapter.
5112          Section 112. Section 58-20b-401 is enacted to read:
5113     
Part 4. License Denial and Discipline.

5114          58-20b-401. Grounds for denial of license -- Disciplinary proceedings.
5115          Grounds for refusing to issue a license to an applicant, for refusing to renew the license
5116     of a licensee, for revoking, suspending, restricting, or placing on probation the license of a
5117     licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and
5118     desist order shall be in accordance with Section 58-1-401.
5119          Section 113. Section 58-20b-501 is enacted to read:
5120     
Part 5. Unprofessional Conduct.

5121          58-20b-501. Unprofessional conduct.
5122          "Unprofessional conduct" includes:
5123          (1) acting dishonestly or fraudulently in the performance of professional duties as an
5124     environmental health scientist or environmental health scientist-in-training;
5125          (2) intentionally filing a false report or record in the performance of professional duties
5126     as an environmental health scientist or environmental health scientist-in-training; and
5127          (3) willfully impeding or obstructing another person from filing a report in the
5128     performance of professional duties as an environmental health scientist or environmental health
5129     scientist-in-training.
5130          Section 114. Section 58-31b-305 is amended to read:
5131          58-31b-305. Term of license -- Expiration -- Renewal.
5132          (1) The division shall issue each license or certification under this chapter in
5133     accordance with a two-year renewal cycle established by rule. The division may by rule extend
5134     or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
5135          (2) The division shall renew the license of a licensee who, at the time of renewal:
5136          (a) completes and submits an application for renewal in a form prescribed by the
5137     division;
5138          (b) pays a renewal fee established by the division under Section 63J-1-504; and
5139          (c) meets continuing competency requirements as established by rule.
5140          (3) In addition to the renewal requirements under Subsection (2), a person licensed as

5141     [a] an advanced practice registered nurse shall be currently certified by a program approved by
5142     the division in collaboration with the board and submit evidence satisfactory to the division of
5143     that qualification or if licensed prior to July 1, 1992, meet the requirements established by rule.
5144          (4) In addition to the requirements described in Subsections (2) and (3), an advanced
5145     practice registered nurse licensee specializing in psychiatric mental health nursing who, as of
5146     the day on which the division originally issued the licensee's license had not completed the
5147     division's clinical practice requirements in psychiatric and mental health nursing, shall, to
5148     qualify for renewal:
5149          (a) if renewing less than two years after the day on which the division originally issued
5150     the license, demonstrate satisfactory progress toward completing the clinical practice
5151     requirements; or
5152          (b) have completed the clinical practice requirements.
5153          (5) Each license or certification automatically expires on the expiration date shown on
5154     the license or certification unless renewed in accordance with Section 58-1-308.
5155          (6) The division shall accept and apply toward an hour requirement that the division
5156     establishes under Subsection (2)(c) continuing education that an advanced practice registered
5157     nurse completes in accordance with Section 26-61a-106.
5158          Section 115. Section 58-31b-502 is amended to read:
5159          58-31b-502. Unprofessional conduct.
5160          (1) "Unprofessional conduct" includes:
5161          [(1)] (a) failure to safeguard a patient's right to privacy as to the patient's person,
5162     condition, diagnosis, personal effects, or any other matter about which the licensee is privileged
5163     to know because of the licensee's or person with a certification's position or practice as a nurse
5164     or practice as a medication aide certified;
5165          [(2)] (b) failure to provide nursing service or service as a medication aide certified in a
5166     manner that demonstrates respect for the patient's human dignity and unique personal character
5167     and needs without regard to the patient's race, religion, ethnic background, socioeconomic
5168     status, age, sex, or the nature of the patient's health problem;
5169          [(3)] (c) engaging in sexual relations with a patient during any:
5170          [(a)] (i) period when a generally recognized professional relationship exists between
5171     the person licensed or certified under this chapter and the patient; or

5172          [(b)] (ii) extended period when a patient has reasonable cause to believe a professional
5173     relationship exists between the person licensed or certified under the provisions of this chapter
5174     and the patient;
5175          [(4) (a)] (d) (i) as a result of any circumstance under Subsection (3), exploiting or using
5176     information about a patient or exploiting the licensee's or the person with a certification's
5177     professional relationship between the licensee or holder of a certification under this chapter and
5178     the patient; or
5179          [(b)] (ii) exploiting the patient by use of the licensee's or person with a certification's
5180     knowledge of the patient obtained while acting as a nurse or a medication aide certified;
5181          [(5)] (e) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
5182          [(6)] (f) unauthorized taking or personal use of nursing supplies from an employer;
5183          [(7)] (g) unauthorized taking or personal use of a patient's personal property;
5184          [(8)] (h) knowingly entering into any medical record any false or misleading
5185     information or altering a medical record in any way for the purpose of concealing an act,
5186     omission, or record of events, medical condition, or any other circumstance related to the
5187     patient and the medical or nursing care provided;
5188          [(9)] (i) unlawful or inappropriate delegation of nursing care;
5189          [(10)] (j) failure to exercise appropriate supervision of persons providing patient care
5190     services under supervision of the licensed nurse;
5191          [(11)] (k) employing or aiding and abetting the employment of an unqualified or
5192     unlicensed person to practice as a nurse;
5193          [(12)] (l) failure to file or record any medical report as required by law, impeding or
5194     obstructing the filing or recording of such a report, or inducing another to fail to file or record
5195     such a report;
5196          [(13)] (m) breach of a statutory, common law, regulatory, or ethical requirement of
5197     confidentiality with respect to a person who is a patient, unless ordered by a court;
5198          [(14)] (n) failure to pay a penalty imposed by the division;
5199          [(15)] (o) prescribing a Schedule [II-III] II or III controlled substance without
5200     complying with the requirements in Section 58-31b-803;
5201          [(16)] (p) violating Section 58-31b-801;
5202          [(17)] (q) violating the dispensing requirements of Section 58-17b-309 or Chapter 17b,

5203     Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
5204     if applicable; and
5205          [(18)] (r) establishing or operating a pain clinic without a consultation and referral plan
5206     for Schedule [II-III] II or III controlled substances.
5207          (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
5208     61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
5209     is defined in Section 26-61a-102, recommending the use of medical cannabis.
5210          (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
5211     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
5212     unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
5213          Section 116. Section 58-37-3.6 (Superseded 07/01/19) is amended to read:
5214          58-37-3.6 (Superseded 07/01/19). Exemption for possession or distribution of a
5215     cannabinoid product or expanded cannabinoid product pursuant to an approved study.
5216          (1) As used in this section:
5217          (a) "Cannabinoid product" means a product intended for human ingestion that:
5218          (i) contains an extract or concentrate that is obtained from cannabis;
5219          (ii) is prepared in a medicinal dosage form; and
5220          (iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
5221          (b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
5222          (c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
5223          (d) "Expanded cannabinoid product" means a product intended for human ingestion
5224     that:
5225          (i) contains an extract or concentrate that is obtained from cannabis;
5226          (ii) is prepared in a medicinal dosage form; and
5227          (iii) contains less than 10 units of cannabidiol for every one unit of
5228     tetrahydrocannabinol.
5229          (e) "Medicinal dosage form" means:
5230          (i) a tablet;
5231          (ii) a capsule;
5232          (iii) a concentrated oil;
5233          (iv) a liquid suspension;

5234          (v) a transdermal preparation; or
5235          (vi) a sublingual preparation.
5236          (f) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the
5237     description in Subsection 58-37-4(2)(a)(iii)(AA).
5238          (2) Notwithstanding any other provision of this chapter, an individual who possesses or
5239     distributes a cannabinoid product or an expanded cannabinoid product is not subject to the
5240     penalties described in this title for the possession or distribution of marijuana or
5241     tetrahydrocannabinol to the extent that the individual's possession or distribution of the
5242     cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 61,
5243     Cannabinoid Research Act.
5244          [(3) Notwithstanding any other provision of this chapter, an individual who grows,
5245     processes, or possesses cannabis is not subject to the penalties described in this title for the
5246     growth, processing, or possession of marijuana to the extent that the individual is authorized to
5247     grow, process, or possess the cannabis under Section 4-41-203 and is in compliance with any
5248     rules made pursuant to Section 4-41-204.]
5249          [(4) Notwithstanding any other provision of this chapter, an individual who possesses
5250     or uses cannabis in a medicinal dosage form is not subject to the penalties described in this title
5251     for the possession or use of marijuana or tetrahydrocannabinol to the extent that the individual's
5252     possession or use of the cannabis complies with Title 58, Chapter 85, Utah Right to Try Act.]
5253          Section 117. Section 58-37-3.6 (Effective 07/01/19) is amended to read:
5254          58-37-3.6 (Effective 07/01/19). Exemption for possession or distribution of a
5255     cannabinoid product or expanded cannabinoid product pursuant to an approved study.
5256          (1) As used in this section:
5257          [(a) "Cannabidiol product" means the same as that term is defined in Section
5258     4-41-102.]
5259          [(b)] (a) "Cannabinoid product" means a product intended for human ingestion that:
5260          (i) contains an extract or concentrate that is obtained from cannabis;
5261          (ii) is prepared in a medicinal dosage form; and
5262          (iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
5263          [(c)] (b) "Cannabis" means any part of the plant cannabis sativa, whether growing or
5264     not.

5265          [(d)] (c) "Drug paraphernalia" means the same as that term is defined in Section
5266     58-37a-3.
5267          [(e)] (d) "Expanded cannabinoid product" means a product intended for human
5268     ingestion that:
5269          (i) contains an extract or concentrate that is obtained from cannabis;
5270          (ii) is prepared in a medicinal dosage form; and
5271          (iii) contains less than 10 units of cannabidiol for every one unit of
5272     tetrahydrocannabinol.
5273          [(f)] (e) "Medicinal dosage form" means:
5274          (i) a tablet;
5275          (ii) a capsule;
5276          (iii) a concentrated oil;
5277          (iv) a liquid suspension;
5278          (v) a transdermal preparation; or
5279          (vi) a sublingual preparation.
5280          [(g)] (f) "Tetrahydrocannabinol" means a substance derived from cannabis that meets
5281     the description in Subsection 58-37-4(2)(a)(iii)(AA).
5282          (2) Notwithstanding any other provision of this chapter[: (a)] an individual who
5283     possesses or distributes a cannabinoid product or an expanded cannabinoid product is not
5284     subject to the penalties described in this title for the possession or distribution of marijuana or
5285     tetrahydrocannabinol to the extent that the individual's possession or distribution of the
5286     cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 61,
5287     Cannabinoid Research Act[;].
5288          [(b) an individual who grows, processes, possesses, transports, or distributes
5289     cannabidiol for medicinal use or a hemp-grade product that is intended to be processed into
5290     cannabidiol for medicinal use, is not subject to the penalties described in this title to the extent
5291     that the individual's growth, processing, possession, transportation, or distribution of the
5292     cannabidiol or hemp-grade product is in compliance with Title 4, Chapter 43, Cannabidiol
5293     Producers; and]
5294          [(c) a person who processes, possesses, or sells cannabidiol is not subject to the
5295     penalties described in this title if:]

5296          [(i) the person is a cannabidiol-qualified pharmacy; or]
5297          [(ii) the person is an individual whose physician has recommended use of the
5298     cannabidiol and the individual purchased the cannabidiol from a cannabidiol-qualified
5299     pharmacy.]
5300          [(3) Notwithstanding any other provision of this chapter, an individual who grows,
5301     processes, or possesses cannabis is not subject to the penalties described in this title for the
5302     growth, processing, or possession of marijuana to the extent that the individual is authorized to
5303     grow, process, or possess the cannabis under Section 4-41-203 and is in compliance with any
5304     rules made pursuant to Section 4-41-204.]
5305          [(4) Notwithstanding any other provision of this chapter, an individual who possesses
5306     or uses cannabis in a medicinal dosage form is not subject to the penalties described in this title
5307     for the possession or use of marijuana or tetrahydrocannabinol to the extent that the individual's
5308     possession or use of the cannabis complies with Title 58, Chapter 85, Utah Right to Try Act.]
5309          Section 118. Section 58-37-3.7 is amended to read:
5310          58-37-3.7. Medical cannabis decriminalization.
5311          (1) As used in this section:
5312          (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
5313          (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
5314          (c) "Medical cannabis card" means the same as that term is defined in Section
5315     26-61a-102.
5316          (d) "Medical cannabis device" means the same as that term is defined in Section
5317     26-61a-102.
5318          (e) "Medical cannabis pharmacy" means the same as that term is defined in Section
5319     26-61a-102.
5320          (f) "Medicinal dosage form" means the same as that term is defined in Section
5321     26-61a-102.
5322          (g) "Qualified medical provider" means the same as that term is defined in Section
5323     26-61a-102.
5324          (h) "Qualifying condition" means the same as that term is defined in Section
5325     26-61a-102.
5326          (i) "Tetrahydrocannabinol" means the same as that term is defined in Section

5327     58-37-3.9.
5328          [(1)] (2) Before [July] January 1, [2020] 2021, [it is an affirmative defense to criminal
5329     charges against an individual] an individual is not guilty under this chapter for the use[,] or
5330     possession[, or manufacture] of marijuana, tetrahydrocannabinol, or marijuana drug
5331     paraphernalia [under this chapter that] if:
5332          (a) at the time of the arrest, the individual [would be eligible for a medical cannabis
5333     card, and that the individuals conduct would have been lawful, after July 1, 2020.]:
5334          (i) (A) had been diagnosed with a qualifying condition; and
5335          (B) had a pre-existing provider-patient relationship with an advanced practice
5336     registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed
5337     under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58,
5338     Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under
5339     Title 58, Chapter 70a, Physician Assistant Act, who believed that the individual's illness
5340     described in Subsection (2)(a)(i)(A) could benefit from the use in question; or
5341          (ii) (A) for possession, was a medical cannabis cardholder; or
5342          (B) for use, was a medical cannabis patient cardholder or a minor with a qualifying
5343     condition under the supervision of a medical cannabis guardian cardholder; and
5344          (b) the marijuana or tetrahydrocannabinol was in a medicinal dosage form in a quantity
5345     described in Subsection 26-61a-502(2).
5346          [(2)] (3) [It is an affirmative defense to criminal charges against an individual] An
5347     individual is not guilty under this chapter for the use or possession of marijuana,
5348     tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter if:
5349          (a) at the time of the arrest, the individual:
5350          (i) [is a] was not a resident of Utah or has been a resident of Utah for less than 45 days
5351     [and was issued];
5352          (ii) had a currently valid medical cannabis [identification] card or [its] the equivalent of
5353     a medical cannabis card under the laws of another state, district, territory, commonwealth, or
5354     insular possession of the United States; and
5355          [(b)] (iii) [the individual has] had been diagnosed with a qualifying [illness] condition
5356     as described in Section [26-60b-105.] 26-61a-104; and
5357          (b) the marijuana or tetrahydrocannabinol is in a medicinal dosage form in a quantity

5358     described in Subsection 26-61a-502(2).
5359          [(3) A court shall, for charges that the court dismisses under Subsection (1) or
5360     Subsection (2), dismiss the charges without prejudice.]
5361          Section 119. Section 58-37-3.8 is amended to read:
5362          58-37-3.8. Enforcement.
5363          (1) [No] A law enforcement officer [employed by an agency that receives state or local
5364     government funds shall], as that term is defined in Section 53-13-103, except for an officially
5365     designated drug enforcement task force regarding conduct that is not in accordance with Title
5366     26, Chapter 61a, Utah Medical Cannabis Act, may not expend any state or local resources,
5367     including the officer's time, to:
5368          (a) effect any arrest or seizure of cannabis, as that term is defined in Section
5369     26-61a-102, or conduct any investigation, on the sole basis of activity the officer believes to
5370     constitute a violation of federal law if the officer has reason to believe that [such] the activity is
5371     in compliance with the state medical cannabis laws[, nor shall any such officer expend any
5372     state or local resources, including the officer's time, to];
5373          (b) enforce a law that restricts an individual's right to acquire, own, or possess a
5374     firearm based solely on the individual's possession or use of cannabis in accordance with state
5375     medical cannabis laws; or
5376          (c) provide any information or logistical support related to [such] an activity described
5377     in Subsection (1)(a) to any federal law enforcement authority or prosecuting entity.
5378          (2) [No] An agency or political subdivision of [Utah] the state may [rely on a violation
5379     of federal law as the sole basis for taking] not take an adverse action against a person for
5380     providing a professional [services] service to a medical cannabis [dispensary] pharmacy, as that
5381     term is defined in Section 26-61a-102, the state central fill medical cannabis pharmacy, as that
5382     term is defined in Section 26-61a-102, or a cannabis production establishment [if the person
5383     has not violated the state medical cannabis laws], as that term is defined in Section 4-41a-102,
5384     on the sole basis that the service is a violation of federal law.
5385          Section 120. Section 58-37-3.9 is amended to read:
5386          58-37-3.9. Exemption for possession or use of cannabis to treat a qualifying
5387     illness.
5388          (1) As used in this section:

5389          (a) "Cannabis" means marijuana.
5390          [(b) "Cannabis dispensary" means the same as that term is defined in Section
5391     26-60b-102.]
5392          [(c)] (b) "Cannabis product" means [a product that: (i) is intended for human ingestion;
5393     and (ii) contains cannabis or tetrahydrocannabinol] the same as that term is defined in Section
5394     26-61a-102.
5395          [(d) "Designated caregiver" means the same as that term is defined in Section
5396     26-60b-102.]
5397          [(e)] (c) "Drug paraphernalia" means the same as that term is defined in Section
5398     58-37a-3.
5399          [(f) "Marijuana" means the same as that term is defined in Section 58-37-2.]
5400          [(g)] (d) "Medical cannabis [card] cardholder" means the same as that term is defined
5401     in Section [26-60b-102] 26-61a-102.
5402          [(h)] (e) [(i)] "Medical cannabis device" means [a device that an individual uses to
5403     ingest cannabis or a cannabis product] the same as that term is defined in Section 26-61a-102.
5404          [(ii) "Medical cannabis device" does not include a device that facilitates cannabis
5405     combustion at a temperature of greater than 750 degrees Fahrenheit.]
5406          [(i)] (f) "[Qualifying illness] Medicinal dosage form" means the same as that term is
5407     defined in Section [26-60b-102] 26-61a-102.
5408          [(j)] (g) "Tetrahydrocannabinol" means a substance derived from cannabis [that meets
5409     the description] or a synthetic description as described in Subsection 58-37-4(2)(a)(iii)(AA).
5410          (2) Notwithstanding any other provision of law, except as otherwise provided in this
5411     section:
5412          (a) an individual [who] is not guilty of a violation of this title for the following conduct
5413     if the individual engages in the conduct in accordance with Title 4, Chapter 41a, Cannabis
5414     Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act:
5415          (i) [possesses, produces, manufactures, dispenses, distributes, sells, or offers]
5416     possessing, ingesting, producing, manufacturing, dispensing, distributing, selling, or offering to
5417     sell cannabis or a cannabis product; or [who possesses]
5418          (ii) possessing cannabis or a cannabis product with the intent to [produce, manufacture,
5419     dispense, distribute, sell, or offer to sell cannabis or a cannabis product is not subject to the

5420     penalties described in this title for] engage in the conduct [to the extent that the individual's
5421     conduct complies with:] described in Subsection (2)(a)(i); and
5422          [(i)] (b) an individual is guilty of a violation of this title regarding drug paraphernalia if
5423     the individual, in accordance with Title 4, Chapter [41b] 41a, Cannabis Production
5424     [Establishment;] Establishments, and [(ii)] Title 26, Chapter [60b] 61a, Utah Medical
5425     Cannabis Act[;]:
5426          [(b)] (i) [an individual who] possesses, manufactures, distributes, sells, or offers to sell
5427     a medical cannabis device; or
5428          (ii) [who] possesses a medical cannabis device with the intent to [manufacture,
5429     distribute, sell, or offer to sell a medical cannabis device is authorized and is not subject to the
5430     penalties described in this title for the possession, manufacture, distribution, sale, or offer for
5431     sale of drug paraphernalia to the extent that the individual's] engage in any of the conduct
5432     [complies with:] described in Subsection (2)(b)(i).
5433          [(i) Title 4, Chapter 41b, Cannabis Production Establishment; and]
5434          [(ii) Title 26, Chapter 60b, Medical Cannabis Act.]
5435          [(3) For purposes of state law, except as otherwise provided in this section, activities
5436     related to cannabis shall be considered lawful and any cannabis consumed shall be considered
5437     legally ingested, as long as the conduct is in accordance with:]
5438          [(a) Title 4, Chapter 41b, Cannabis Production Establishment; and]
5439          [(b) Title 26, Chapter 60b, Medical Cannabis Act.]
5440          [(4)] (3) (a) As used in this Subsection (3), "smoking" does not include the
5441     vaporization or heating of medical cannabis.
5442          (b) [It is not lawful for] Title 26, Chapter 61a, Utah Medical Cannabis Act, does not
5443     authorize a medical cannabis [card holder] cardholder to smoke or combust cannabis or to use
5444     a device to facilitate the smoking or combustion of cannabis. [An individual convicted of
5445     violating this section is guilty of an infraction. For purposes of this section, smoking does not
5446     include a means of administration that involves cannabis combustion at a temperature that is
5447     not greater than 750 degrees Fahrenheit and that does not involve using a flame.]
5448          (c) A medical cannabis cardholder who smokes cannabis or engages in any other
5449     conduct described in Subsection (3)(b):
5450          (i) does not possess the cannabis in accordance with Title 26, Chapter 61a, Utah

5451     Medical Cannabis Act; and
5452          (ii) is subject to charges under this chapter for the use or possession of marijuana,
5453     tetrahydrocannabinol, or marijuana drug paraphernalia for the conduct described in Subsection
5454     (3)(b).
5455          [(5) An individual is not exempt from the penalties described in this title for ingesting
5456     cannabis or a cannabis product while operating a motor vehicle.]
5457          [(6)] (4) An individual who is assessed a penalty or convicted of [an infraction] a crime
5458     under Title 4, Chapter [41b] 41a, Cannabis Production [Establishment] Establishments, or Title
5459     26, Chapter [60b] 61a, Utah Medical Cannabis Act, is not, based on the conduct underlying
5460     that penalty or conviction, subject to [the penalties] a penalty described in this chapter for:
5461          (a) the possession, manufacture, sale, or offer for sale of cannabis or a cannabis
5462     product; or
5463          (b) the possession, manufacture, sale, or offer for sale of drug paraphernalia.
5464          Section 121. Section 58-37f-203 (Effective 07/01/19) is amended to read:
5465          58-37f-203 (Effective 07/01/19). Submission, collection, and maintenance of data.
5466          (1) (a) The division shall implement on a statewide basis, including non-resident
5467     pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to
5468     submit information:
5469          (i) real-time submission of the information required to be submitted under this part to
5470     the controlled substance database; and
5471          (ii) 24-hour daily or next business day, whichever is later, batch submission of the
5472     information required to be submitted under this part to the controlled substance database.
5473          (b) (i) On and after January 1, 2016, a pharmacist shall comply with either:
5474          (A) the submission time requirements established by the division under Subsection
5475     (1)(a)(i); or
5476          (B) the submission time requirements established by the division under Subsection
5477     (1)(a)(ii).
5478          (ii) Prior to January 1, 2016, a pharmacist may submit information using either option
5479     under this Subsection (1).
5480          (c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
5481          (2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a

5482     controlled substance is dispensed shall submit the data described in this section to the division
5483     in accordance with:
5484          (i) the requirements of this section;
5485          (ii) the procedures established by the division;
5486          (iii) additional types of information or data fields established by the division; and
5487          (iv) the format established by the division.
5488          (b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
5489     Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
5490     the provisions of this section and the dispensing medical practitioner shall assume the duties of
5491     the pharmacist under this chapter.
5492          (3) [(a)] The pharmacist-in-charge and the pharmacist described in Subsection (2)
5493     shall, for each controlled substance dispensed by a pharmacist under the pharmacist's
5494     supervision other than those dispensed for an inpatient at a health care facility, submit to the
5495     division any type of information or data field established by the division by rule in accordance
5496     with Subsection (6).
5497          [(b) The pharmacist described in Subsection (2) shall, in the case of a
5498     cannabidiol-qualified pharmacy dispensing a cannabidiol product, submit the following
5499     information to the division:]
5500          [(i) the name of the recommending physician;]
5501          [(ii) the date of the recommendation;]
5502          [(iii) the date the recommendation was filled by the cannabidiol-qualified pharmacy;]
5503          [(iv) the name of the individual for whom the recommendation was written; and]
5504          [(v) any other information the division requires by rule, made in accordance with Title
5505     63G, Chapter 3, Utah Administrative Rulemaking Act.]
5506          (4) An individual whose records are in the database may obtain those records upon
5507     submission of a written request to the division.
5508          (5) (a) A patient whose record is in the database may contact the division in writing to
5509     request correction of any of the patient's database information that is incorrect. The patient
5510     shall provide a postal address for the division's response.
5511          (b) The division shall grant or deny the request within 30 days from receipt of the
5512     request and shall advise the requesting patient of its decision by mail postmarked within 35

5513     days of receipt of the request.
5514          (c) If the division denies a request under this Subsection (5) or does not respond within
5515     35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
5516     after the postmark date of the patient's letter making a request for a correction under this
5517     Subsection (5).
5518          (6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
5519     Administrative Rulemaking Act, to establish submission requirements under this part,
5520     including:
5521          (a) electronic format;
5522          (b) submission procedures; and
5523          (c) required information and data fields.
5524          (7) The division shall ensure that the database system records and maintains for
5525     reference:
5526          (a) the identification of each individual who requests or receives information from the
5527     database;
5528          (b) the information provided to each individual; and
5529          (c) the date and time that the information is requested or provided.
5530          Section 122. Section 58-67-304 is amended to read:
5531          58-67-304. License renewal requirements.
5532          (1) As a condition precedent for license renewal, each licensee shall, during each
5533     two-year licensure cycle or other cycle defined by division rule:
5534          (a) complete qualified continuing professional education requirements in accordance
5535     with the number of hours and standards defined by division rule made in collaboration with the
5536     board;
5537          (b) appoint a contact person for access to medical records and an alternate contact
5538     person for access to medical records in accordance with Subsection 58-67-302(1)(j);
5539          (c) if the licensee practices medicine in a location with no other persons licensed under
5540     this chapter, provide some method of notice to the licensee's patients of the identity and
5541     location of the contact person and alternate contact person for the licensee; and
5542          (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
5543     successfully complete the educational methods and programs described in Subsection

5544     58-67-807(4).
5545          (2) If a renewal period is extended or shortened under Section 58-67-303, the
5546     continuing education hours required for license renewal under this section are increased or
5547     decreased proportionally.
5548          (3) An application to renew a license under this chapter shall:
5549          (a) require a physician to answer the following question: "Do you perform elective
5550     abortions in Utah in a location other than a hospital?"; and
5551          (b) immediately following the question, contain the following statement: "For purposes
5552     of the immediately preceding question, elective abortion means an abortion other than one of
5553     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
5554     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
5555     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
5556     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
5557     the woman is pregnant as a result of rape or incest."
5558          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
5559     to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
5560     Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
5561     division shall, within 30 days after the day on which it renews the physician's license under this
5562     chapter, inform the Department of Health in writing:
5563          (a) of the name and business address of the physician; and
5564          (b) that the physician responded positively to the question described in Subsection
5565     (3)(a).
5566          (5) The division shall accept and apply toward the hour requirement in Subsection
5567     (1)(a) and continuing education that a physician completes in accordance with Sections
5568     26-61a-106, 26-61a-403, and 26-61a-601.
5569          Section 123. Section 58-67-502 is amended to read:
5570          58-67-502. Unprofessional conduct.
5571          (1) "Unprofessional conduct" includes, in addition to the definition in Section
5572     58-1-501:
5573          (a) using or employing the services of any individual to assist a licensee in any manner
5574     not in accordance with the generally recognized practices, standards, or ethics of the

5575     profession, state law, or division rule;
5576          (b) making a material misrepresentation regarding the qualifications for licensure under
5577     Section 58-67-302.7 or Section 58-67-302.8; [or]
5578          (c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
5579     Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable[.]; or
5580          (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
5581          (2) "Unprofessional conduct" does not include[,]:
5582          (a) in compliance with Section 58-85-103:
5583          [(a)] (i) obtaining an investigational drug or investigational device;
5584          [(b)] (ii) administering the investigational drug to an eligible patient; or
5585          [(c)] (iii) treating an eligible patient with the investigational drug or investigational
5586     device[.]; or
5587          (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
5588          (i) when registered as a qualified medical provider, as that term is defined in Section
5589     26-61a-102, recommending the use of medical cannabis;
5590          (ii) when registered as a pharmacy medical provider, as that term is defined in Section
5591     26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
5592          (iii) when registered as a state central fill medical provider, as that term is defined in
5593     Section 26-61a-102, providing state central fill medical provider services in the state central fill
5594     medical cannabis pharmacy.
5595          (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
5596     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
5597     unprofessional conduct for a pharmacist described in Subsections (2)(b).
5598          Section 124. Section 58-68-304 is amended to read:
5599          58-68-304. License renewal requirements.
5600          (1) As a condition precedent for license renewal, each licensee shall, during each
5601     two-year licensure cycle or other cycle defined by division rule:
5602          (a) complete qualified continuing professional education requirements in accordance
5603     with the number of hours and standards defined by division rule in collaboration with the
5604     board;
5605          (b) appoint a contact person for access to medical records and an alternate contact

5606     person for access to medical records in accordance with Subsection 58-68-302(1)(j);
5607          (c) if the licensee practices osteopathic medicine in a location with no other persons
5608     licensed under this chapter, provide some method of notice to the licensee's patients of the
5609     identity and location of the contact person and alternate contact person for access to medical
5610     records for the licensee in accordance with Subsection 58-68-302(1)(k); and
5611          (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
5612     successfully complete the educational methods and programs described in Subsection
5613     58-68-807(4).
5614          (2) If a renewal period is extended or shortened under Section 58-68-303, the
5615     continuing education hours required for license renewal under this section are increased or
5616     decreased proportionally.
5617          (3) An application to renew a license under this chapter shall:
5618          (a) require a physician to answer the following question: "Do you perform elective
5619     abortions in Utah in a location other than a hospital?"; and
5620          (b) immediately following the question, contain the following statement: "For purposes
5621     of the immediately preceding question, elective abortion means an abortion other than one of
5622     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
5623     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
5624     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
5625     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
5626     the woman is pregnant as a result of rape or incest."
5627          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
5628     to the licensing of an abortion clinic, if a physician responds positively to the question
5629     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
5630     renews the physician's license under this chapter, inform the Department of Health in writing:
5631          (a) of the name and business address of the physician; and
5632          (b) that the physician responded positively to the question described in Subsection
5633     (3)(a).
5634          (5) The division shall accept and apply toward the hour requirement in Subsection
5635     (1)(a) and continuing education that a physician completes in accordance with Sections
5636     26-61a-106, 26-61a-403, and 26-61a-601.

5637          Section 125. Section 58-68-502 is amended to read:
5638          58-68-502. Unprofessional conduct.
5639          (1) "Unprofessional conduct" includes, in addition to the definition in Section
5640     58-1-501:
5641          (a) using or employing the services of any individual to assist a licensee in any manner
5642     not in accordance with the generally recognized practices, standards, or ethics of the
5643     profession, state law, or division rule;
5644          (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
5645     Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable; [or]
5646          (c) making a material misrepresentation regarding the qualifications for licensure under
5647     Section 58-68-302.5[.]; or
5648          (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
5649          (2) "Unprofessional conduct" does not include[,]:
5650          (a) in compliance with Section 58-85-103:
5651          [(a)] (i) obtaining an investigational drug or investigational device;
5652          [(b)] (ii) administering the investigational drug to an eligible patient; or
5653          [(c)] (iii) treating an eligible patient with the investigational drug or investigational
5654     device[.]; or
5655          (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
5656          (i) when registered as a qualified medical provider, as that term is defined in Section
5657     26-61a-102, recommending the use of medical cannabis;
5658          (ii) when registered as a pharmacy medical provider, as that term is defined in Section
5659     26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
5660          (iii) when registered as a state central fill medical provider, as that term is defined in
5661     Section 26-61a-102, providing state central fill medical provider services in the state central fill
5662     medical cannabis pharmacy.
5663          (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
5664     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
5665     unprofessional conduct for a pharmacist described in Subsections (2)(b).
5666          Section 126. Section 58-70a-303 is amended to read:
5667          58-70a-303. Term of license -- Expiration -- Renewal.

5668          (1) (a) The division shall issue each license under this chapter in accordance with a
5669     two-year renewal cycle established by division rule.
5670          (b) The division may by rule extend or shorten a renewal period by as much as one year
5671     to stagger the renewal cycles it administers.
5672          (2) At the time of renewal, the licensee shall show compliance with continuing
5673     education renewal requirements.
5674          (3) Each license issued under this chapter expires on the expiration date shown on the
5675     license unless renewed in accordance with Section 58-1-308.
5676          (4) The division shall accept and apply toward an hour requirement that the division
5677     establishes under Subsection (2) continuing education that a physician assistant completes in
5678     accordance with Section 26-61a-106.
5679          Section 127. Section 58-70a-503 is amended to read:
5680          58-70a-503. Unprofessional conduct.
5681          (1) "Unprofessional conduct" includes:
5682          [(1)] (a) violation of a patient confidence to any person who does not have a legal right
5683     and a professional need to know the information concerning the patient;
5684          [(2)] (b) knowingly prescribing, selling, giving away, or directly or indirectly
5685     administering, or offering to prescribe, sell, furnish, give away, or administer any prescription
5686     drug except for a legitimate medical purpose upon a proper diagnosis indicating use of that
5687     drug in the amounts prescribed or provided;
5688          [(3)] (c) prescribing prescription drugs for oneself or administering prescription drugs
5689     to oneself, except those that have been legally prescribed for the physician assistant by a
5690     licensed practitioner and that are used in accordance with the prescription order for the
5691     condition diagnosed;
5692          [(4)] (d) failure to maintain at the practice site a delegation of services agreement that
5693     accurately reflects current practices;
5694          [(5)] (e) failure to make the delegation of services agreement available to the division
5695     for review upon request;
5696          [(6)] (f) in a practice that has physician assistant ownership interests, failure to allow
5697     the supervising physician the independent final decision making authority on patient treatment
5698     decisions, as set forth in the delegation of services agreement or as defined by rule; and

5699          [(7)] (g) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing
5700     Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable.
5701          (2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
5702     61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
5703     is defined in Section 26-61a-102, recommending the use of medical cannabis.
5704          (3) Notwithstanding Subsection (2), the division, in consultation with the board and in
5705     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
5706     unprofessional conduct for a physician assistant described in Subsection (2).
5707          Section 128. Section 58-85-102 is amended to read:
5708          58-85-102. Definitions.
5709          As used in this chapter:
5710          [(1) "Cannabis" means cannabis that has been grown by a state-approved grower and
5711     processed into a medicinal dosage form.]
5712          [(2) "Cannabis-based treatment" means a course of treatment involving cannabis.]
5713          [(3)] (1) "Eligible patient" means an individual who has been diagnosed with a
5714     terminal illness by a physician.
5715          [(4) "Health care facility" means the same as that term is defined in Section
5716     26-55-102.]
5717          [(5)] (2) "Insurer" means the same as that term is defined in Section 31A-1-301.
5718          [(6)] (3) "Investigational device" means a device that:
5719          (a) meets the definition of "investigational device" in 21 C.F.R. Sec. 812.3; and
5720          (b) has successfully completed the United States Food and Drug Administration Phase
5721     1 testing for an investigational device described in 21 C.F.R. Part 812.
5722          [(7)] (4) "Investigational drug" means a drug that:
5723          (a) meets the definition of "investigational new drug" in 21 C.F.R. Sec. 312.3; and
5724          (b) has successfully completed the United States Food and Drug Administration Phase
5725     1 testing for an investigational new drug described in 21 C.F.R. Part 312.
5726          [(8)] (5) "Medicinal dosage form" means the same as that term is defined in Section
5727     58-37-3.6.
5728          [(9)] (6) "Physician" means an individual who is licensed under:
5729          (a) Title 58, Chapter 67, Utah Medical Practice Act; or

5730          (b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
5731          [(10) "State-approved grower and processor" means a person who grows cannabis
5732     pursuant to state law and processes the cannabis into a medicinal dosage form.]
5733          [(11)] (7) "Terminal illness" means a condition of a patient that:
5734          (a) as determined by a physician:
5735          (i) is likely to pose a greater risk to the patient than the risk posed to the patient by
5736     treatment with an investigational drug or investigational device; and
5737          (ii) will inevitably lead to the patient's death; and
5738          (b) presents the patient, after the patient has explored conventional therapy options,
5739     with no treatment option that is satisfactory or comparable to treatment with an investigational
5740     drug or device.
5741          Section 129. Section 58-85-104 is amended to read:
5742          58-85-104. Standard of care -- Medical practitioners not liable -- No private right
5743     of action.
5744          (1) [(a)] It is not a breach of the applicable standard of care for a physician, other
5745     licensed health care provider, or hospital to treat an eligible patient with an investigational drug
5746     or investigational device under this chapter.
5747          [(b) It is not a breach of the applicable standard of care for a physician to recommend a
5748     cannabis-based treatment to a terminally ill patient under this chapter, or a health care facility
5749     to aid or assist in any way a terminally ill patient's use of cannabis.]
5750          (2) A physician, other licensed health care provider, or hospital that treats an eligible
5751     patient with an investigational drug or investigational device under this chapter[, or a physician
5752     who recommends a cannabis-based treatment to a terminally ill patient or a health care facility
5753     that facilitates a terminally ill patient's recommended use of a cannabis-based treatment under
5754     this chapter,] may not, for any harm done to the eligible patient by the investigational drug or
5755     device, [or for any harm done to the terminally ill patient by the cannabis-based treatment,] be
5756     subject to:
5757          (a) civil liability;
5758          (b) criminal liability; or
5759          (c) licensure sanctions under:
5760          (i) for a physician:

5761          (A) Title 58, Chapter 67, Utah Medical Practice Act; or
5762          (B) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
5763          (ii) for the other licensed health care provider, the act governing the other licensed
5764     health care provider's license; or
5765          (iii) for the hospital [or health care facility], Title 26, Chapter 21, Health Care Facility
5766     Licensing and Inspection Act.
5767          (3) This chapter does not:
5768          (a) require a manufacturer of an investigational drug or investigational device to agree
5769     to make an investigational drug or investigational device available to an eligible patient or an
5770     eligible patient's physician;
5771          (b) require a physician to agree to:
5772          (i) administer an investigational drug to an eligible patient under this chapter; or
5773          (ii) treat an eligible patient with an investigational device under this chapter; or
5774          [(iii) recommend a cannabis-based treatment to a terminally ill patient; or]
5775          (c) create a private right of action for an eligible patient:
5776          (i) against a physician or hospital, for the physician's or hospital's refusal to:
5777          (A) administer an investigational drug to an eligible patient under this chapter; or
5778          (B) treat an eligible patient with an investigational device under this chapter; or
5779          [(C) recommend a cannabis-based treatment to the terminally ill patient; or]
5780          (ii) against a manufacturer, for the manufacturer's refusal to provide an eligible patient
5781     with an investigational drug or an investigational device under this chapter.
5782          Section 130. Section 58-85-105 is amended to read:
5783          58-85-105. Insurance coverage.
5784          (1) This chapter does not:
5785          (a) require an insurer to cover the cost of:
5786          (i) administering an investigational drug under this chapter; or
5787          (ii) treating a patient with an investigational device under this chapter; or
5788          [(iii) a cannabis-based treatment; or]
5789          (b) prohibit an insurer from covering the cost of:
5790          (i) administering an investigational drug under this chapter; or
5791          (ii) treating a patient with an investigational device under this chapter[; or].

5792          [(iii) a cannabis-based treatment.]
5793          (2) Except as described in Subsection (3), an insurer may deny coverage to an eligible
5794     patient who is treated with an investigational drug or investigational device, for harm to the
5795     eligible patient caused by the investigational drug or investigational device.
5796          (3) An insurer may not deny coverage to an eligible patient under Subsection (2) for:
5797          (a) the eligible patient's preexisting condition;
5798          (b) benefits that commenced before the day on which the eligible patient is treated with
5799     the investigational drug or investigational device; or
5800          (c) palliative or hospice care for an eligible patient that has been treated with an
5801     investigational drug or device, but is no longer receiving curative treatment with the
5802     investigational drug or device.
5803          Section 131. Section 59-12-104.10 is enacted to read:
5804          59-12-104.10. Exemption from sales tax for cannabis.
5805          (1) As used in this section:
5806          (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
5807          (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
5808          (c) "Medical cannabis device" means the same as that term is defined in Section
5809     26-61a-102.
5810          (d) "Medical cannabis pharmacy" means the same as that term is defined in Section
5811     26-61a-102.
5812          (e) "Medicinal dosage form" means the same as that term is defined in Section
5813     26-61a-102.
5814          (f) "State central fill medical cannabis pharmacy" means the same as that term is
5815     defined in Section 26-61a-102.
5816          (2) In addition to the exemptions described in Section 59-12-104, the sale by a licensed
5817     medical cannabis pharmacy or the state central fill medical cannabis pharmacy of the following
5818     is not subject to the taxes this chapter imposes:
5819          (a) cannabis in a medicinal dosage form; or
5820          (b) a cannabis product in a medicinal dosage form.
5821          (3) The sale of a medical cannabis device by a medical cannabis pharmacy or the state
5822     central fill medical cannabis pharmacy is subject to the taxes this chapter imposes.

5823          Section 132. Section 62A-3-322 is enacted to read:
5824          62A-3-322. Medical cannabis use by a vulnerable adult or guardian.
5825          A peace officer or an employee or agent of the division may not solicit or provide, and a
5826     court may not order, emergency services for a vulnerable adult based solely on:
5827          (1) the vulnerable adult's possession or use of cannabis in accordance with Title 26,
5828     Chapter 61a, Utah Medical Cannabis Act; or
5829          (2) the guardian of the vulnerable adult assisting with the use of or possessing cannabis
5830     in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act.
5831          Section 133. Section 62A-4a-202.1 is amended to read:
5832          62A-4a-202.1. Entering home of a child -- Taking a child into protective custody
5833     -- Caseworker accompanied by peace officer -- Preventive services -- Shelter facility or
5834     emergency placement.
5835          (1) A peace officer or child welfare worker may not:
5836          (a) enter the home of a child who is not under the jurisdiction of the court, remove a
5837     child from the child's home or school, or take a child into protective custody unless authorized
5838     under Subsection 78A-6-106(2); or
5839          (b) remove a child from the child's home or take a child into custody under this section
5840     solely on the basis of:
5841          (i) educational neglect, truancy, or failure to comply with a court order to attend
5842     school; or
5843          (ii) the possession or use, in accordance with Title 26, Chapter 61a, Utah Medical
5844     Cannabis Act, of cannabis in a medicinal dosage form, a cannabis product in a medicinal
5845     dosage form, or a medical cannabis device [in the home, if the use and possession of the
5846     cannabis, cannabis product, or medical cannabis device is in compliance with Title 26, Chapter
5847     60b, Medical Cannabis Act], as those terms are defined in Section 26-61a-102.
5848          (2) A child welfare worker within the division may take action under Subsection [(10)]
5849     (1) accompanied by a peace officer, or without a peace officer when a peace officer is not
5850     reasonably available.
5851          (3) (a) If possible, consistent with the child's safety and welfare, before taking a child
5852     into protective custody, the child welfare worker shall also determine whether there are
5853     services available that, if provided to a parent or guardian of the child, would eliminate the

5854     need to remove the child from the custody of the child's parent or guardian.
5855          (b) If the services described in Subsection (3)(a) are reasonably available, they shall be
5856     utilized.
5857          (c) In determining whether the services described in Subsection (3)(a) are reasonably
5858     available, and in making reasonable efforts to provide those services, the child's health, safety,
5859     and welfare shall be the child welfare worker's paramount concern.
5860          (4) (a) A child removed or taken into custody under this section may not be placed or
5861     kept in a secure detention facility pending court proceedings unless the child is detainable
5862     based on guidelines promulgated by the Division of Juvenile Justice Services.
5863          (b) A child removed from the custody of the child's parent or guardian but who does
5864     not require physical restriction shall be given temporary care in:
5865          (i) a shelter facility; or
5866          (ii) an emergency placement in accordance with Section 62A-4a-209.
5867          (c) When making a placement under Subsection (4)(b), the Division of Child and
5868     Family Services shall give priority to a placement with a noncustodial parent, relative, or
5869     friend, in accordance with Section 62A-4a-209.
5870          [(a)] (d) If the child is not placed with a noncustodial parent, a relative, or a designated
5871     friend, the caseworker assigned to the child shall file a report with the caseworker's supervisor
5872     explaining why a different placement was in the child's best interest.
5873          (5) When a child is removed from the child's home or school or taken into protective
5874     custody, the caseworker shall give a parent of the child a pamphlet or flier explaining:
5875          (a) the parent's rights under this part, including the right to be present and participate in
5876     any court proceeding relating to the child's case;
5877          (b) that it may be in the parent's best interest to contact an attorney and that, if the
5878     parent cannot afford an attorney, the court will appoint one;
5879          (c) the name and contact information of a division employee the parent may contact
5880     with questions;
5881          (d) resources that are available to the parent, including:
5882          (i) mental health resources;
5883          (ii) substance abuse resources; and
5884          (iii) parenting classes; and

5885          (e) any other information considered relevant by the division.
5886          (6) The pamphlet or flier described in Subsection (5) shall be:
5887          (a) evaluated periodically for its effectiveness at conveying necessary information and
5888     revised accordingly;
5889          (b) written in simple, easy-to-understand language; and
5890          (c) available in English and other languages as the division determines to be
5891     appropriate and necessary.
5892          Section 134. Section 63I-1-226 is amended to read:
5893          63I-1-226. Repeal dates, Title 26.
5894          (1) Section 26-1-40 is repealed July 1, 2019.
5895          [(1)] (2) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
5896     July 1, 2025.
5897          [(2)] (3) Section 26-10-11 is repealed July 1, 2020.
5898          (4) Subsection 26-18-417(3) is repealed July 1, 2020.
5899          [(3) Section 26-21-23, Licensing of non-Medicaid nursing facility beds, is repealed
5900     July 1, 2018.]
5901          [(4)] (5) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
5902     2024.
5903          (6) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024.
5904          (7) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
5905     July 1, 2024.
5906          [(5)] (8) Title 26, Chapter [36a] 36d, Hospital Provider Assessment Act, is repealed
5907     July 1, [2016] 2019.
5908          [(6) Section 26-38-2.5 is repealed July 1, 2017.]
5909          [(7) Section 26-38-2.6 is repealed July 1, 2017.]
5910          [(8)] (9) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed January 1,
5911     2019.
5912          (10) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
5913     July 1, 2026.
5914          Section 135. Section 63I-1-258 is amended to read:
5915          63I-1-258. Repeal dates, Title 58.

5916          (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
5917     repealed July 1, 2026.
5918          (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
5919          (3) Title 58, Chapter [20a] 20b, Environmental Health Scientist Act, is repealed July 1,
5920     [2018] 2028.
5921          (4) Section 58-37-4.3 is repealed January 1, 2020.
5922          (5) Subsection 58-37-6(7)(f)(iii) is repealed July 1, 2022, and the Office of Legislative
5923     Research and General Counsel is authorized to renumber the remaining subsections
5924     accordingly.
5925          [(5)] (6) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1,
5926     2023.
5927          [(6)] (7) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing
5928     Act, is repealed July 1, 2019.
5929          [(7)] (8) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1,
5930     2025.
5931          [(8)] (9) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is
5932     repealed July 1, 2023.
5933          [(9)] (10) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1,
5934     2024.
5935          [(10)] (11) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed
5936     July 1, 2026.
5937          [(11)] (12) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027.
5938          (13) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is
5939     repealed July 1, 2021.
5940          (14) The following sections are repealed on July 1, 2019:
5941          (a) Section 58-5a-502;
5942          (b) Section 58-31b-502.5;
5943          (c) Section 58-67-502.5;
5944          (d) Section 58-68-502.5; and
5945          (e) Section 58-69-502.5.
5946          Section 136. Section 67-19-33 is amended to read:

5947          67-19-33. Controlled substances and alcohol use prohibited.
5948          [An] Except as provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, an
5949     employee may not:
5950          (1) manufacture, dispense, possess, use, distribute, or be under the influence of a
5951     controlled substance or alcohol during work hours or on state property except where legally
5952     permissible;
5953          (2) manufacture, dispense, possess, use, or distribute a controlled substance or alcohol
5954     if the activity prevents:
5955          (a) state agencies from receiving federal grants or performing under federal contracts of
5956     $25,000 or more; or
5957          (b) the employee to perform his services or work for state government effectively as
5958     regulated by the rules of the executive director in accordance with Section 67-19-34; or
5959          (3) refuse to submit to a drug or alcohol test under Section 67-19-36.
5960          Section 137. Section 78A-6-508 (Superseded 07/01/19) is amended to read:
5961          78A-6-508 (Superseded 07/01/19). Evidence of grounds for termination.
5962          (1) In determining whether a parent or parents have abandoned a child, it is prima facie
5963     evidence of abandonment that the parent or parents:
5964          (a) although having legal custody of the child, have surrendered physical custody of the
5965     child, and for a period of six months following the surrender have not manifested to the child
5966     or to the person having the physical custody of the child a firm intention to resume physical
5967     custody or to make arrangements for the care of the child;
5968          (b) have failed to communicate with the child by mail, telephone, or otherwise for six
5969     months;
5970          (c) failed to have shown the normal interest of a natural parent, without just cause; or
5971          (d) have abandoned an infant, as described in Subsection 78A-6-316(1).
5972          (2) In determining whether a parent or parents are unfit or have neglected a child the
5973     court shall consider, but is not limited to, the following circumstances, conduct, or conditions:
5974          (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
5975     parent unable to care for the immediate and continuing physical or emotional needs of the child
5976     for extended periods of time;
5977          (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive

5978     nature;
5979          (c) habitual or excessive use of intoxicating liquors, controlled substances, or
5980     dangerous drugs that render the parent unable to care for the child;
5981          (d) repeated or continuous failure to provide the child with adequate food, clothing,
5982     shelter, education, or other care necessary for the child's physical, mental, and emotional health
5983     and development by a parent or parents who are capable of providing that care;
5984          (e) whether the parent is incarcerated as a result of conviction of a felony, and the
5985     sentence is of such length that the child will be deprived of a normal home for more than one
5986     year;
5987          (f) a history of violent behavior; or
5988          (g) whether the parent has intentionally exposed the child to pornography or material
5989     harmful to a minor, as defined in Section 76-10-1201.
5990          (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent
5991     [because of the] or otherwise consider a parent's lawful possession or consumption of cannabis
5992     in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical
5993     cannabis device, as those terms are defined in Section 26-61a-102, in accordance with Title 26,
5994     Chapter [60b] 61a, Utah Medical Cannabis Act.
5995          (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
5996     specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
5997          (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
5998     unfit because of a health care decision made for a child by the child's parent unless the state or
5999     other party to the proceeding shows, by clear and convincing evidence, that the health care
6000     decision is not reasonable and informed.
6001          (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
6002     obtain a second health care opinion.
6003          (6) If a child has been placed in the custody of the division and the parent or parents
6004     fail to comply substantially with the terms and conditions of a plan within six months after the
6005     date on which the child was placed or the plan was commenced, whichever occurs later, that
6006     failure to comply is evidence of failure of parental adjustment.
6007          (7) The following circumstances constitute prima facie evidence of unfitness:
6008          (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any

6009     child, due to known or substantiated abuse or neglect by the parent or parents;
6010          (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
6011     indicate the unfitness of the parent to provide adequate care to the extent necessary for the
6012     child's physical, mental, or emotional health and development;
6013          (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
6014     of the child;
6015          (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
6016     commit murder or manslaughter of a child or child abuse homicide; or
6017          (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
6018     of the child, without legal justification.
6019          Section 138. Section 78A-6-508 (Effective 07/01/19) is amended to read:
6020          78A-6-508 (Effective 07/01/19). Evidence of grounds for termination.
6021          (1) In determining whether a parent or parents have abandoned a child, it is prima facie
6022     evidence of abandonment that the parent or parents:
6023          (a) although having legal custody of the child, have surrendered physical custody of the
6024     child, and for a period of six months following the surrender have not manifested to the child
6025     or to the person having the physical custody of the child a firm intention to resume physical
6026     custody or to make arrangements for the care of the child;
6027          (b) have failed to communicate with the child by mail, telephone, or otherwise for six
6028     months;
6029          (c) failed to have shown the normal interest of a natural parent, without just cause; or
6030          (d) have abandoned an infant, as described in Subsection 78A-6-316(1).
6031          (2) In determining whether a parent or parents are unfit or have neglected a child the
6032     court shall consider, but is not limited to, the following circumstances, conduct, or conditions:
6033          (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
6034     parent unable to care for the immediate and continuing physical or emotional needs of the child
6035     for extended periods of time;
6036          (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
6037     nature;
6038          (c) habitual or excessive use of intoxicating liquors, controlled substances, or
6039     dangerous drugs that render the parent unable to care for the child;

6040          (d) repeated or continuous failure to provide the child with adequate food, clothing,
6041     shelter, education, or other care necessary for the child's physical, mental, and emotional health
6042     and development by a parent or parents who are capable of providing that care;
6043          (e) whether the parent is incarcerated as a result of conviction of a felony, and the
6044     sentence is of such length that the child will be deprived of a normal home for more than one
6045     year;
6046          (f) a history of violent behavior; or
6047          (g) whether the parent has intentionally exposed the child to pornography or material
6048     harmful to a minor, as defined in Section 76-10-1201.
6049          (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent
6050     because of or otherwise consider the parent's lawful possession or consumption of cannabis in a
6051     medicinal dosage form, a cannabis product, as those terms are defined in Section 26-61a-102 or
6052     a medical cannabis device, in accordance with Title 26, Chapter [60b] 61a, Utah Medical
6053     Cannabis Act.
6054          (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
6055     specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
6056          (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
6057     unfit because of a health care decision made for a child by the child's parent unless the state or
6058     other party to the proceeding shows, by clear and convincing evidence, that the health care
6059     decision is not reasonable and informed.
6060          (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
6061     obtain a second health care opinion.
6062          (6) If a child has been placed in the custody of the division and the parent or parents
6063     fail to comply substantially with the terms and conditions of a plan within six months after the
6064     date on which the child was placed or the plan was commenced, whichever occurs later, that
6065     failure to comply is evidence of failure of parental adjustment.
6066          (7) The following circumstances constitute prima facie evidence of unfitness:
6067          (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
6068     child, due to known or substantiated abuse or neglect by the parent or parents;
6069          (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
6070     indicate the unfitness of the parent to provide adequate care to the extent necessary for the

6071     child's physical, mental, or emotional health and development;
6072          (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
6073     of the child;
6074          (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
6075     commit murder or manslaughter of a child or child abuse homicide; or
6076          (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
6077     of the child, without legal justification.
6078          Section 139. Repealer.
6079          This bill repeals:
6080          Section 4-41-201, Title.
6081          Section 4-41-202, Definitions.
6082          Section 4-41-203, Department to cultivate cannabis.
6083          Section 4-41-301, Department to establish a state dispensary.
6084          Section 4-41-302, Labeling.
6085          Section 4-41-303, Department to set prices.
6086          Section 4-41-304, Department to make rules regarding purchasers, communication
6087     -- Report.
6088          Section 4-41b-104, Preemption.
6089          Section 4-43-101 (Effective 07/01/19), Title.
6090          Section 4-43-102 (Effective 07/01/19), Definitions.
6091          Section 4-43-201 (Effective 07/01/19), Cannabidiol processor -- Cannabidiol
6092     laboratory -- License -- Renewal.
6093          Section 4-43-202 (Effective 07/01/19), Renewal.
6094          Section 4-43-203 (Effective 07/01/19), Bond required for license.
6095          Section 4-43-301 (Effective 07/01/19), Cannabidiol processor and laboratory
6096     agents.
6097          Section 4-43-401 (Effective 07/01/19), Cannabidiol processor or cannabidiol
6098     laboratory -- General operating requirements.
6099          Section 4-43-402 (Effective 07/01/19), Cannabidiol processor or cannabidiol
6100     laboratory -- Inspection by department.
6101          Section 4-43-501 (Effective 07/01/19), Cannabidiol processor -- Operating

6102     requirements.
6103          Section 4-43-502 (Effective 07/01/19), Cannabidiol product.
6104          Section 4-43-503 (Effective 07/01/19), Cannabidiol medicine -- Labeling and
6105     packaging.
6106          Section 4-43-601 (Effective 07/01/19), Hemp and cannabidiol product testing.
6107          Section 4-43-602 (Effective 07/01/19), Reporting -- Inspections.
6108          Section 4-43-701 (Effective 07/01/19), Enforcement -- Fine -- Citation.
6109          Section 4-43-702 (Effective 07/01/19), Report to the Legislature.
6110          Section 4-43-703 (Effective 07/01/19), Fees -- Deposit into Cannabinoid Product
6111     Restricted Account.
6112          Section 4-43-801 (Effective 07/01/19), Cannabinoid Product Restricted Account --
6113     Creation.
6114          Section 26-60b-104, Preemption.
6115          Section 58-67-808 (Effective 07/01/19), Recommendation of cannabidiol products.
6116          Section 58-68-808 (Effective 07/01/19), Recommendation of cannabidiol products.
6117          Section 58-85-103.5, Right to request a recommendation for a cannabis-based
6118     treatment.
6119          Section 58-88-101 (Effective 07/01/19), Title.
6120          Section 58-88-102 (Effective 07/01/19), Definitions.
6121          Section 58-88-103 (Effective 07/01/19), Cannabidiol-qualified pharmacy
6122     requirements.
6123          Section 58-88-104 (Effective 07/01/19), Division to make rules -- Study.
6124          Section 59-12-104.7 (Repealed 01/01/19), Reporting by purchaser of certain sales
6125     and use tax exempt purchases.
6126          Section 59-12-104.9 (Effective 07/01/19), Exemption from sales tax for cannabinoid
6127     products.
6128          Section 59-29-101 (Effective 07/01/19), Title.
6129          Section 59-29-102 (Effective 07/01/19), Definitions.
6130          Section 59-29-103 (Effective 07/01/19), Imposition of tax -- Rate -- Administration.
6131          Section 59-29-104 (Effective 07/01/19), Collection of tax.
6132          Section 59-29-105 (Effective 07/01/19), Deposit of tax revenue.

6133          Section 59-29-106 (Effective 07/01/19), Records.
6134          Section 59-29-107 (Effective 07/01/19), Rulemaking authority.
6135          Section 59-29-108 (Effective 07/01/19), Penalties and interest.
6136          Section 140. Effective date.
6137          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
6138     elected to each house, this bill takes effect upon approval by the governor, or the day following
6139     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
6140     signature, or in the case of a veto, the date of veto override.
6141          (2) The amendments to Sections 26-65-102 (Effective (07/01/19), 26-65-103 (Effective
6142     07/01/19), 41-6a-517 (Effective 07/01/19), 58-37-3.6 (Effective 07/01/19), and 78A-6-508
6143     (Effective 07/01/19) in this bill take effect on July 1, 2019.
6144          Section 141. Revisor instructions.
6145          The Legislature intends that the Office of Legislative Research and General Counsel, in
6146     preparing the Utah Code database for publication:
6147          (1) in Sections 4-41a-106 and 26-61a-114 replace the language from "this bill" with
6148     the bill's designated chapter number in the Laws of Utah; and
6149          (2) in Sections 4-41a-201, 4-41a-301, 4-41a-401, 26-61a-202, 26-61a-301, 26-61a-401,
6150     26-61a-602, and 26-61a-606, replace the language from "the effective date of this bill" to the
6151     bill's actual effective date.