This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Sep 16, 2019 at 7:39 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to medical cannabis.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ repeals provisions related to the state central fill medical cannabis pharmacy and
14 makes necessary resulting amendments;
15 ▸ replaces a procurement requirement for future Department of Agriculture and Food
16 (UDAF) licensing with a process that UDAF develops in rule;
17 ▸ allows UDAF and the Department of Health (DoH) to waive certain proximity
18 requirements in certain circumstances;
19 ▸ clarifies the number of cannabis cultivation facility licenses that UDAF is required
20 and allowed to issue;
21 ▸ requires certain disclosures about adverse actions against applicants in any
22 jurisdiction and allows UDAF and DoH to revoke licenses if those disclosures are
23 not updated;
24 ▸ prohibits UDAF and DoH from issuing certain licenses if a legislator has an
25 ownership interest in the perspective licensee;
26 ▸ allows licensed cannabis cultivation facilities to cultivate both indoors and outdoors
27 under UDAF rules;
28 ▸ exempts the following from a background check requirement:
29 • certain agents re-applying for an agent registration card; and
30 • certain guardians and designated caregivers re-applying for a medical cannabis
31 card;
32 ▸ clarifies that cannabis production establishments and medical cannabis pharmacies
33 may use signage regardless of local prohibitions;
34 ▸ amends provisions regarding local government land use control, including:
35 • ensuring that cannabis production establishments and medical cannabis
36 pharmacies are only subject to land use ordinances in effect at the time the land
37 use rights vest;
38 • requiring an approved land use permit application within a certain time after the
39 issuance of a license rather than before; and
40 • prohibiting certain proximity minimums;
41 ▸ allows UDAF to license research universities to conduct academic medical cannabis
42 research;
43 ▸ adopts a nationally recognized code regarding marijuana production into the state
44 fire code;
45 ▸ provides for electronic medical cannabis cards;
46 ▸ provides that use of medical cannabis may not be considered differently than lawful
47 use of any prescribed controlled substance in certain circumstances;
48 ▸ amends provisions regarding privacy in studies of cardholder data;
49 ▸ requires an applicant for a medical cannabis pharmacy license to describe a strategic
50 plan for opening, including the timing of the opening based on supply, in
51 consultation with UDAF, and demand, in consultation with DoH;
52 ▸ increases the number of licenses available for private medical cannabis pharmacies
53 and allows DoH to issue additional licenses in certain circumstances based on
54 market necessity;
55 ▸ allows DoH to issue medical cannabis pharmacy licenses in two phases using one
56 procurement process;
57 ▸ allows for certain medical practitioners to be registered as medical cannabis
58 pharmacy agents as long as the provider is not registered as a qualified medical
59 provider;
60 ▸ amends allowable sale and possession amount to be uniform regardless of the
61 distance between an individual's residence and a medical cannabis pharmacy;
62 ▸ directs DoH to create a state central patient portal for patient safety, education, and
63 electronic access to home deliveries of medical cannabis shipments from home
64 delivery medical cannabis pharmacies;
65 ▸ allows DoH to designate certain private medical cannabis pharmacies as home
66 delivery medical cannabis pharmacies that fulfill electronic orders for medical
67 cannabis shipments:
68 • that medical cannabis cardholders access through the state central patient portal;
69 and
70 • for which a payment provider that the Division of Finance approves, in
71 consultation with the state treasurer, or a financial institution facilitates a
72 financial transaction;
73 ▸ broadens an existing requirement that DoH employ certain medical providers to
74 consult with medical cannabis cardholders;
75 ▸ provides for licensing of medical cannabis couriers and registration of medical
76 cannabis courier agents to facilitate delivery of medical cannabis shipments from
77 home delivery medical cannabis pharmacies;
78 ▸ repeals Title 26, Chapter 65, Cannabidiol Product Act;
79 ▸ prohibits considering, in a judicial context, lawful possession or use of medical
80 cannabis differently from lawful possession or use of any prescribed controlled
81 substance;
82 ▸ prohibits certain conditions of probation or release or terms of certain agreements
83 that require a person to abstain from medical cannabis;
84 ▸ addresses a parent or guardian's use of medical cannabis in child welfare cases; and
85 ▸ makes technical and conforming changes.
86 Money Appropriated in this Bill:
87 None
88 Other Special Clauses:
89 This bill provides a special effective date.
90 This bill provides revisor instructions.
91 Utah Code Sections Affected:
92 AMENDS:
93 4-41a-102, as renumbered and amended by Laws of Utah 2018, Third Special Session,
94 Chapter 1
95 4-41a-103, as last amended by Laws of Utah 2019, Chapter 136
96 4-41a-201, as renumbered and amended by Laws of Utah 2018, Third Special Session,
97 Chapter 1
98 4-41a-204, as renumbered and amended by Laws of Utah 2018, Third Special Session,
99 Chapter 1
100 4-41a-205, as renumbered and amended by Laws of Utah 2018, Third Special Session,
101 Chapter 1
102 4-41a-301, as last amended by Laws of Utah 2019, Chapter 136
103 4-41a-302, as renumbered and amended by Laws of Utah 2018, Third Special Session,
104 Chapter 1
105 4-41a-403, as renumbered and amended by Laws of Utah 2018, Third Special Session,
106 Chapter 1
107 4-41a-404, as last amended by Laws of Utah 2019, Chapter 341
108 4-41a-406, as renumbered and amended by Laws of Utah 2018, Third Special Session,
109 Chapter 1
110 4-41a-501, as renumbered and amended by Laws of Utah 2018, Third Special Session,
111 Chapter 1
112 4-41a-701, as last amended by Laws of Utah 2019, Chapter 341
113 15A-5-103, as last amended by Laws of Utah 2019, Chapter 103
114 26-61a-102, as last amended by Laws of Utah 2019, Chapter 341
115 26-61a-103, as last amended by Laws of Utah 2019, Chapters 136 and 341
116 26-61a-106, as last amended by Laws of Utah 2019, Chapters 136 and 341
117 26-61a-107, as renumbered and amended by Laws of Utah 2018, Third Special Session,
118 Chapter 1
119 26-61a-109, as renumbered and amended by Laws of Utah 2018, Third Special Session,
120 Chapter 1
121 26-61a-111, as last amended by Laws of Utah 2019, Chapter 341
122 26-61a-201, as renumbered and amended by Laws of Utah 2018, Third Special Session,
123 Chapter 1
124 26-61a-202, as renumbered and amended by Laws of Utah 2018, Third Special Session,
125 Chapter 1
126 26-61a-203, as renumbered and amended by Laws of Utah 2018, Third Special Session,
127 Chapter 1
128 26-61a-204, as renumbered and amended by Laws of Utah 2018, Third Special Session,
129 Chapter 1
130 26-61a-301, Utah Code Annotated 1953
131 26-61a-302, as renumbered and amended by Laws of Utah 2018, Third Special Session,
132 Chapter 1
133 26-61a-304, as renumbered and amended by Laws of Utah 2018, Third Special Session,
134 Chapter 1
135 26-61a-305, as renumbered and amended by Laws of Utah 2018, Third Special Session,
136 Chapter 1
137 26-61a-401, as last amended by Laws of Utah 2019, Chapter 136
138 26-61a-403, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
139 26-61a-502, as renumbered and amended by Laws of Utah 2018, Third Special Session,
140 Chapter 1
141 26-61a-503, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
142 26-61a-505, as renumbered and amended by Laws of Utah 2018, Third Special Session,
143 Chapter 1
144 26-61a-506, as renumbered and amended by Laws of Utah 2018, Third Special Session,
145 Chapter 1
146 26-61a-507, as last amended by Laws of Utah 2019, Chapter 136
147 26-61a-605, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
148 26-61a-606, as last amended by Laws of Utah 2019, Chapter 136
149 26-61a-607, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
150 26-61a-702, as renumbered and amended by Laws of Utah 2018, Third Special Session,
151 Chapter 1
152 26-61a-703, as renumbered and amended by Laws of Utah 2018, Third Special Session,
153 Chapter 1
154 30-3-10, as last amended by Laws of Utah 2019, Chapters 136, 188, and 341
155 58-17b-302, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
156 58-17b-310, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
157 58-17b-502, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
158 58-37-3.7, as last amended by Laws of Utah 2019, Chapter 341
159 58-37-3.8, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
160 58-37-3.9, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
161 58-67-304, as last amended by Laws of Utah 2019, Chapter 136
162 58-67-502, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
163 58-68-304, as last amended by Laws of Utah 2019, Chapter 136
164 58-68-502, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
165 59-12-104.10, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
166 78A-6-115, as last amended by Laws of Utah 2018, Chapter 359
167 ENACTS:
168 4-41a-901, Utah Code Annotated 1953
169 4-41a-902, Utah Code Annotated 1953
170 4-41a-903, Utah Code Annotated 1953
171 10-9a-528, Utah Code Annotated 1953
172 17-27a-525, Utah Code Annotated 1953
173 26-61a-115, Utah Code Annotated 1953
174 78A-2-231, Utah Code Annotated 1953
175 REPEALS AND REENACTS:
176 26-61a-601, as last amended by Laws of Utah 2019, Chapter 136
177 26-61a-602, as last amended by Laws of Utah 2019, Chapter 136
178 26-61a-603, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
179 26-61a-604, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
180 REPEALS:
181 26-61a-110, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
182 26-61a-205, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
183 26-61a-608, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
184 26-61a-609, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
185 26-61a-610, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
186 26-61a-611, as last amended by Laws of Utah 2019, Chapter 136
187 26-65-101, as enacted by Laws of Utah 2018, Chapter 452
188 26-65-102, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
189 26-65-103, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
190 26-65-201, as enacted by Laws of Utah 2018, Chapter 452
191 26-65-202, as enacted by Laws of Utah 2018, Chapter 452
192 Utah Code Sections Affected by Revisor Instructions:
193 4-41a-201, as renumbered and amended by Laws of Utah 2018, Third Special Session,
194 Chapter 1
195
196 Be it enacted by the Legislature of the state of Utah:
197 Section 1. Section 4-41a-102 is amended to read:
198 4-41a-102. Definitions.
199 As used in this chapter:
200 (1) "Cannabis" means the same as that term is defined in Section 26-61a-102.
201 (2) "Cannabis cultivation facility" means a person that:
202 (a) possesses cannabis;
203 (b) grows or intends to grow cannabis; and
204 (c) sells or intends to sell cannabis to a cannabis cultivation facility [
205 processing facility, or a medical cannabis research licensee.
206 (3) "Cannabis cultivation facility agent" means an individual who:
207 (a) is an employee of a cannabis cultivation facility; and
208 (b) holds a valid cannabis production establishment agent registration card.
209 (4) "Cannabis processing facility" means a person that:
210 (a) acquires or intends to acquire cannabis from a cannabis production establishment or
211 a holder of an industrial hemp processor license under Title 4, Chapter 41, Hemp and
212 Cannabinoid Act;
213 (b) possesses cannabis with the intent to manufacture a cannabis product;
214 (c) manufactures or intends to manufacture a cannabis product from unprocessed
215 cannabis or a cannabis extract; and
216 (d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or [
217
218 (5) "Cannabis processing facility agent" means an individual who:
219 (a) is an employee of a cannabis processing facility; and
220 (b) holds a valid cannabis production establishment agent registration card.
221 (6) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
222 (7) "Cannabis production establishment" means a cannabis cultivation facility, a
223 cannabis processing facility, or an independent cannabis testing laboratory.
224 (8) "Cannabis production establishment agent" means a cannabis cultivation facility
225 agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent.
226 (9) "Cannabis production establishment agent registration card" means a registration
227 card that the department issues that:
228 (a) authorizes an individual to act as a cannabis production establishment agent; and
229 (b) designates the type of cannabis production establishment for which an individual is
230 authorized to act as an agent.
231 (10) "Community location" means a public or private school, a licensed child-care
232 facility or preschool, a church, a public library, a public playground, or a public park.
233 (11) "Department" means the Department of Agriculture and Food.
234 (12) "Family member" means a parent, step-parent, spouse, child, sibling, step-sibling,
235 uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
236 sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
237 (13) "Independent cannabis testing laboratory" means a person that:
238 (a) conducts a chemical or other analysis of cannabis or a cannabis product; or
239 (b) acquires, possesses, and transports cannabis or a cannabis product with the intent to
240 conduct a chemical or other analysis of the cannabis or cannabis product.
241 (14) "Independent cannabis testing laboratory agent" means an individual who:
242 (a) is an employee of an independent cannabis testing laboratory; and
243 (b) holds a valid cannabis production establishment agent registration card.
244 (15) "Inventory control system" means a system described in Section 4-41a-103.
245 (16) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
246 (17) "Medical cannabis card" means the same as that term is defined in Section
247 26-61a-102.
248 (18) "Medical cannabis pharmacy" means the same as that term is defined in Section
249 26-61a-102.
250 (19) "Medical cannabis pharmacy agent" means the same as that term is defined in
251 Section 26-61a-102.
252 (20) "Medical cannabis research license" means a license that the department issues to
253 a research university for the purpose of obtaining and possessing medical cannabis for
254 academic research.
255 (21) "Medical cannabis research licensee" means a research university that the
256 department licenses to obtain and possess medical cannabis for academic research, in
257 accordance with Section 4-41a-901.
258 [
259 Section 26-61a-102.
260 [
261 26-61a-102.
262 [
263 Section 26-61a-102.
264 [
265 4-41a-104.
266 [
267
268 [
269
270 [
271
272 (26) "Research university" means the same as that term is defined in Section
273 53B-7-702.
274 (27) "State electronic verification system" means the system described in Section
275 26-61a-103.
276 (28) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic
277 equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
278 (29) "Total composite tetrahydrocannabinol" means delta-9-tetrahydrocannabinol and
279 tetrahydrocannabinolic acid.
280 Section 2. Section 4-41a-103 is amended to read:
281 4-41a-103. Inventory control system.
282 (1) Each cannabis production establishment[
283
284 that meets the requirements of this section.
285 (2) A cannabis production establishment[
286
287 maintained by the establishment or pharmacy:
288 (a) tracks cannabis using a unique identifier, in real time, from the point that a cannabis
289 plant is eight inches tall and has a root ball until the cannabis is disposed of or sold, in the form
290 of unprocessed cannabis or a cannabis product, to an individual with a medical cannabis card;
291 (b) maintains in real time a record of the amount of cannabis and cannabis products in
292 the possession of the establishment or pharmacy;
293 (c) includes a video recording system that:
294 (i) tracks all handling and processing of cannabis or a cannabis product in the
295 establishment or pharmacy;
296 (ii) is tamper proof; and
297 (iii) stores a video record for at least 45 days; and
298 (d) preserves compatibility with the state electronic verification system described in
299 Section 26-61a-103.
300 (3) A cannabis production establishment[
301
302 Health access to the cannabis production establishment's[
303 pharmacy's[
304 time.
305 (4) The department may establish compatibility standards for an inventory control
306 system by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
307 Rulemaking Act.
308 (5) (a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
309 Administrative Rulemaking Act, establishing requirements for aggregate or batch records
310 regarding the planting and propagation of cannabis before being tracked in an inventory control
311 system described in this section.
312 (b) The department shall ensure that the rules described in Subsection (5)(a) address
313 record-keeping for the amount of planted seed, number of cuttings taken, date and time of
314 cutting and planting, number of plants established, and number of plants culled or dead.
315 Section 3. Section 4-41a-201 is amended to read:
316 4-41a-201. Cannabis production establishment -- License.
317 (1) A person may not operate a cannabis production establishment without a license
318 that the department issues under this chapter.
319 (2) (a) (i) Subject to Subsections (6), (7), [
320 4-41a-205[
321 (A) for a licensing process that the department initiated before the effective date of this
322 bill, the department shall[
323 Utah Procurement Code[
324 review and rank applications for a cannabis production establishment license; and
325 (B) for a licensing process that the department initiates after the effective date of this
326 bill, the department shall issue a license to operate a cannabis production establishment in
327 accordance with the procedures described in Subsection (2)(a)(iii).
328 (ii) The department may not issue a license to operate a cannabis production
329 establishment to an applicant who is not eligible for a license under this section.
330 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
331 the department shall make rules to specify a transparent and efficient process to:
332 (A) solicit applications for a license under this section;
333 (B) allow for comments and questions in the development of applications;
334 (C) timely and objectively evaluate applications;
335 (D) hold public hearings that the department deems appropriate; and
336 (E) select applicants to receive a license.
337 (b) An applicant is eligible for a license under this section if the applicant submits to
338 the department:
339 (i) subject to Subsection (2)(c), a proposed name and address, located in a zone
340 described in Subsection 4-41a-406(1)(a) or (b), where the applicant will operate the cannabis
341 production establishment [
342
343
344
345
346
347 (ii) the name and address of any individual who has:
348 (A) a financial or voting interest of 2% or greater in the proposed cannabis production
349 establishment; or
350 (B) the power to direct or cause the management or control of a proposed cannabis
351 production establishment;
352 (iii) an operating plan that:
353 (A) complies with Section 4-41a-204;
354 (B) includes operating procedures that comply with this chapter and any law the
355 municipality or county in which the person is located adopts that is consistent with Section
356 4-41a-406; and
357 (C) the department approves;
358 (iv) [
359 maintain a performance bond that a surety authorized to transact surety business in the state
360 issues in an amount of at least:
361 (A) $250,000 for each cannabis cultivation facility for which the applicant applies; or
362 (B) $50,000 for each cannabis processing facility or independent cannabis testing
363 laboratory for which the applicant applies;
364 [
365
366
367 [
368 department sets in accordance with Section 63J-1-504[
369 (vi) a description of any investigation or adverse action taken by any licensing
370 jurisdiction, government agency, law enforcement agency, or court in any state for any
371 violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
372 or businesses.
373 (c) (i) A person may not locate a cannabis production establishment:
374 (A) within 1,000 feet of a community location; or
375 (B) in or within 600 feet of a district that the relevant municipality or county has zoned
376 as primarily residential.
377 (ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
378 from the nearest entrance to the cannabis production establishment by following the shortest
379 route of ordinary pedestrian travel to the property boundary of the community location or
380 residential area.
381 (iii) The department may grant a waiver to reduce the proximity requirements in
382 Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible
383 for the applicant to site the proposed cannabis production establishment without the waiver.
384 (iv) An applicant for a license under this section shall provide evidence of compliance
385 with the proximity requirements described in Subsection (2)(c)(i).
386 (3) If the department approves an application for a license under this section:
387 (a) the applicant shall pay the department an initial license fee in an amount that,
388 subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504;
389 and
390 (b) the department shall notify the Department of Public Safety of the license approval
391 and the names of each individual described in Subsection (2)(b)(ii).
392 (4) (a) Except as provided in Subsection (4)(b), the department shall require a separate
393 license for each type of cannabis production establishment and each location of a cannabis
394 production establishment.
395 (b) The department may issue a cannabis cultivation facility license and a cannabis
396 processing facility license to a person to operate at the same physical location or at separate
397 physical locations.
398 (5) If the department receives more than one application for a cannabis production
399 establishment within the same city or town, the department shall consult with the local land use
400 authority before approving any of the applications pertaining to that city or town.
401 (6) The department may not issue a license to operate an independent cannabis testing
402 laboratory to a person who:
403 (a) holds a license or has an ownership interest in a medical cannabis pharmacy, a
404 cannabis processing facility, or a cannabis cultivation facility;
405 (b) has an owner, officer, director, or employee whose family member holds a license
406 or has an ownership interest in a medical cannabis pharmacy, a cannabis processing facility, or
407 a cannabis cultivation facility; or
408 (c) proposes to operate the independent cannabis testing laboratory at the same physical
409 location as a medical cannabis pharmacy, a cannabis processing facility, or a cannabis
410 cultivation facility.
411 (7) The department may not issue a license to operate a cannabis production
412 establishment to an applicant if any individual described in Subsection (2)(b)(ii):
413 (a) has been convicted under state or federal law of:
414 (i) a felony; or
415 (ii) after December 3, 2018, a misdemeanor for drug distribution; [
416 (b) is younger than 21 years old[
417 (c) after the effective date of this bill until January 1, 2023, is actively serving as a
418 legislator.
419 (8) If an applicant for a cannabis production establishment license under this section
420 holds a license under Title 4, Chapter 41, Hemp and Cannabinoid Act, or Title 26, Chapter 61a,
421 Utah Medical Cannabis Act, the department:
422 (a) shall consult with the Department of Health regarding the applicant if the license
423 the applicant holds is a license under Title 26, Chapter 61a, Utah Medical Cannabis Act; and
424 (b) may not give preference to the applicant based on the applicant's status as a holder
425 of a license described in this Subsection (8).
426 (9) The department may revoke a license under this part:
427 (a) if the cannabis production establishment does not begin cannabis production
428 operations within one year after the day on which the department issues the initial license;
429 (b) after the cannabis production establishment makes the same violation of this
430 chapter three times; [
431 (c) if any individual described in Subsection (2)(b) is convicted, while the license is
432 active, under state or federal law of:
433 (i) a felony; or
434 (ii) after December 3, 2018, a misdemeanor for drug distribution[
435 (d) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at
436 the time of application, or fails to supplement the information described in Subsection
437 (2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
438 application.
439 (10) (a) A person who receives a cannabis production establishment license under this
440 chapter, if the municipality or county where the licensed cannabis production establishment
441 will be located requires a local land use permit, shall submit to the department a copy of the
442 licensee's approved application for the land use permit within 120 days after the day on which
443 the department issues the license.
444 (b) If a licensee fails to submit to the department a copy of the licensee's approved land
445 use permit application in accordance with Subsection (10)(a), the department may revoke the
446 licensee's license.
447 [
448 imposes under this section into the Qualified Production Enterprise Fund.
449 [
450 before January 1, 2020.
451 [
452 and is not subject to review.
453 (b) Notwithstanding Subsection (2)(a)(i)(A), the decision of the department to award a
454 license to an applicant is not subject to:
455 (i) Title 63G, Chapter 6a, Part 16, Protests; or
456 (ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
457 Section 4. Section 4-41a-204 is amended to read:
458 4-41a-204. Operating plan.
459 (1) A person applying for a cannabis production establishment license or license
460 renewal shall submit to the department for the department's review a proposed operating plan
461 that complies with this section and that includes:
462 (a) a description of the physical characteristics of the proposed facility, including a
463 floor plan and an architectural elevation;
464 (b) a description of the credentials and experience of:
465 (i) each officer, director, and owner of the proposed cannabis production
466 establishment; and
467 (ii) any highly skilled or experienced prospective employee;
468 (c) the cannabis production establishment's employee training standards;
469 (d) a security plan;
470 (e) a description of the cannabis production establishment's inventory control system,
471 including a description of how the inventory control system is compatible with the state
472 electronic verification system described in Section 26-61a-103;
473 (f) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
474 manner that is sanitary and preserves the integrity of the cannabis;
475 (g) for a cannabis cultivation facility, the information described in Subsection (2);
476 (h) for a cannabis processing facility, the information described in Subsection (3); and
477 (i) for an independent cannabis testing laboratory, the information described in
478 Subsection (4).
479 (2) (a) A cannabis cultivation facility shall ensure that the facility's operating plan
480 includes the facility's intended:
481 (i) cannabis cultivation practices, including the facility's intended pesticide use and
482 fertilizer use; and
483 (ii) subject to Subsection (2)(b), acreage or square footage under cultivation and
484 anticipated cannabis yield.
485 (b) Except as provided in Subsection [
486 cultivation facility [
487 (i) for a facility that cultivates cannabis only indoors:
488 (A) use more than 100,000 square feet for cultivation; or
489 (B) hang, suspend, stack or otherwise position plants above other plants to cultivate
490 more plants through use of vertical space; [
491 (ii) [
492
493 (iii) for a facility that cultivates cannabis through a combination of indoor and outdoor
494 cultivation, use more combined indoor square footage and outdoor acreage than allowed under
495 the department's formula described in Subsection (2)(e).
496 (c) (i) Each licensee may annually apply to the department for authorization to exceed
497 the cannabis cultivation facility's current cultivation size limitation by up to 20%.
498 (ii) The department may, after conducting a review as described in Subsection
499 4-41a-205(2)(a), grant the authorization described in Subsection (2)(c)(i).
500 (d) If a licensee describes an intended acreage or square footage under cultivation
501 under Subsection (2)(a)(ii) that is less than the limitation described in Subsection (2)(b):
502 (i) the licensee may not cultivate more than the licensee's identified intended acreage or
503 square footage under cultivation; and
504 (ii) notwithstanding Subsection (2)(b), the department may allocate the remaining
505 difference in acreage or square footage under cultivation to another licensee.
506 (e) The department shall, in accordance with Title 63G, Chapter 3, Utah
507 Administrative Rulemaking Act, establish a formula for combined usage of indoor and outdoor
508 cultivation that:
509 (i) does not exceed, in estimated cultivation yield, the aggregate limitations described
510 in Subsection (2)(b)(i) or (ii); and
511 (ii) allows a cannabis cultivation facility to operate both indoors and outdoors.
512 (f) Notwithstanding an applicant's proposed operating plan, a cannabis production
513 establishment is subject to land use regulations, as defined in Sections 10-9a-103 and
514 17-27a-103, regarding the availability of outdoor cultivation in an industrial zone.
515 (3) A cannabis processing facility's operating plan shall include the facility's intended
516 cannabis processing practices, including the cannabis processing facility's intended:
517 (a) offered variety of cannabis product;
518 (b) cannabinoid extraction method;
519 (c) cannabinoid extraction equipment;
520 (d) processing equipment;
521 (e) processing techniques; and
522 (f) sanitation and manufacturing safety procedures for items for human consumption.
523 (4) An independent cannabis testing laboratory's operating plan shall include the
524 laboratory's intended:
525 (a) cannabis and cannabis product testing capability;
526 (b) cannabis and cannabis product testing equipment; and
527 (c) testing methods, standards, practices, and procedures for testing cannabis and
528 cannabis products.
529 Section 5. Section 4-41a-205 is amended to read:
530 4-41a-205. Number of licenses -- Cannabis cultivation facilities.
531 (1) Except as provided in Subsection (2)(a), the department [
532 least five but not more than [
533 (2) (a) The department may issue [
534 cultivation facility that, in addition to the [
535 cause the total number of licenses to exceed 15 if the department determines, in consultation
536 with the Department of Health and after an annual or more frequent analysis of the current and
537 anticipated market for medical cannabis [
538
539 supply, quality, or variety of medical cannabis [
540
541 (b) If the recipient of one of the initial [
542 operations for any reason or otherwise abandons the license, the department may but is not
543 required to grant the vacant license to another applicant based on an analysis as described in
544 Subsection (2)(a).
545 (3) If there are more qualified applicants than the number of available licenses for
546 cannabis cultivation facilities under Subsections (1) and (2), the department shall evaluate the
547 applicants and award the limited number of licenses described in Subsections (1) and (2) to the
548 applicants that best demonstrate:
549 (a) experience with establishing and successfully operating a business that involves:
550 (i) complying with a regulatory environment;
551 (ii) tracking inventory; and
552 (iii) training, evaluating, and monitoring employees;
553 (b) an operating plan that will best ensure the safety and security of patrons and the
554 community;
555 (c) positive connections to the local community; and
556 (d) the extent to which the applicant can reduce the cost to patients of cannabis in a
557 medicinal dosage form or cannabis products in a medicinal dosage form.
558 (4) The department may conduct a face-to-face interview with an applicant for a
559 license that the department evaluates under Subsection (3).
560 Section 6. Section 4-41a-301 is amended to read:
561 4-41a-301. Cannabis production establishment agent -- Registration.
562 (1) An individual may not act as a cannabis production establishment agent unless the
563 department registers the individual as a cannabis production establishment agent.
564 (2) The following individuals, regardless of the individual's status as a qualified
565 medical provider, may not serve as a cannabis production establishment agent, have a financial
566 or voting interest of 2% or greater in a cannabis production establishment, or have the power to
567 direct or cause the management or control of a cannabis production establishment:
568 (a) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
569 (b) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
570 Practice Act;
571 (c) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
572 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
573 (d) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
574 Act.
575 (3) An independent cannabis testing laboratory agent may not act as an agent for a
576 medical cannabis pharmacy, [
577 cannabis courier, a cannabis processing facility, or a cannabis cultivation facility.
578 (4) (a) The department shall, within 15 business days after the day on which the
579 department receives a complete application from a cannabis production establishment on
580 behalf of a prospective cannabis production establishment agent, register and issue a cannabis
581 production establishment agent registration card to the prospective agent if the cannabis
582 production establishment:
583 (i) provides to the department:
584 (A) the prospective agent's name and address;
585 (B) the name and location of a licensed cannabis production establishment where the
586 prospective agent will act as the cannabis production establishment's agent; and
587 (C) the submission required under Subsection (4)(b); and
588 (ii) pays a fee to the department in an amount that, subject to Subsection 4-41a-104(5),
589 the department sets in accordance with Section 63J-1-504.
590 (b) [
591 agent registration card within less than one year after the expiration of the applicant's previous
592 cannabis production establishment agent registration card, each prospective agent described in
593 Subsection (4)(a) shall:
594 (i) submit to the department:
595 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
596 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
597 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
598 Generation Identification System's Rap Back Service; and
599 (ii) consent to a fingerprint background check by:
600 (A) the Bureau of Criminal Identification; and
601 (B) the Federal Bureau of Investigation.
602 (c) The Bureau of Criminal Identification shall:
603 (i) check the fingerprints the prospective agent submits under Subsection (4)(b) against
604 the applicable state, regional, and national criminal records databases, including the Federal
605 Bureau of Investigation Next Generation Identification System;
606 (ii) report the results of the background check to the department;
607 (iii) maintain a separate file of fingerprints that prospective agents submit under
608 Subsection (4)(b) for search by future submissions to the local and regional criminal records
609 databases, including latent prints;
610 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
611 Generation Identification System's Rap Back Service for search by future submissions to
612 national criminal records databases, including the Next Generation Identification System and
613 latent prints; and
614 (v) establish a privacy risk mitigation strategy to ensure that the department only
615 receives notifications for an individual with whom the department maintains an authorizing
616 relationship.
617 (d) The department shall:
618 (i) assess an individual who submits fingerprints under Subsection (4)(b) a fee in an
619 amount that the department sets in accordance with Section 63J-1-504 for the services that the
620 Bureau of Criminal Identification or another authorized agency provides under this section; and
621 (ii) remit the fee described in Subsection (4)(d)(i) to the Bureau of Criminal
622 Identification.
623 (5) The department shall designate, on an individual's cannabis production
624 establishment agent registration card:
625 (a) the name of the cannabis production establishment where the individual is
626 registered as an agent; and
627 (b) the type of cannabis production establishment for which the individual is
628 authorized to act as an agent.
629 (6) A cannabis production establishment agent shall comply with:
630 (a) a certification standard that the department develops; or
631 (b) a [
632
633 approved.
634 (7) (a) The department shall ensure that the certification standard described in
635 Subsection (6) includes training:
636 [
637 [
638 [
639 manufacturing safety procedures for items for human consumption, and sanitation best
640 practices; and
641 [
642 practices.
643 (b) The department shall review the training described in Subsection (7)(a) annually or
644 as often as necessary to ensure compliance with this section.
645 (8) For an individual who holds or applies for a cannabis production establishment
646 agent registration card:
647 (a) the department may revoke or refuse to issue the card if the individual violates the
648 requirements of this chapter; and
649 (b) the department shall revoke or refuse to issue the card if the individual is convicted
650 under state or federal law of:
651 (i) a felony; or
652 (ii) after December 3, 2018, a misdemeanor for drug distribution.
653 (9) (a) A cannabis production establishment agent registration card expires two years
654 after the day on which the department issues the card.
655 (b) A cannabis production establishment agent may renew the agent's registration card
656 if the agent:
657 (i) is eligible for a cannabis production establishment registration card under this
658 section;
659 (ii) certifies to the department in a renewal application that the information in
660 Subsection (4)(a) is accurate or updates the information; and
661 (iii) pays to the department a renewal fee in an amount that:
662 (A) subject to Subsection 4-41a-104(5), the department sets in accordance with Section
663 63J-1-504; and
664 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
665 comparison to the original application process.
666 Section 7. Section 4-41a-302 is amended to read:
667 4-41a-302. Cannabis production establishment agent registration card --
668 Rebuttable presumption.
669 (1) A cannabis production establishment agent whom the department registers under
670 Section 4-41a-301 shall carry the individual's cannabis production establishment agent
671 registration card with the agent at all times when:
672 (a) the agent is on the premises of a cannabis production establishment where the agent
673 is registered;
674 (b) the agent is transporting cannabis in a medicinal dosage form, a cannabis product in
675 a medicinal dosage form, or a medical cannabis device between:
676 (i) two cannabis production establishments; or
677 (ii) a cannabis production establishment and[
678 and
679 [
680 (c) if the cannabis production establishment agent is an agent of a cannabis
681 [
682 processing facility or an independent cannabis testing laboratory.
683 (2) If a cannabis processing facility agent possesses cannabis in a medicinal dosage
684 form, a cannabis product in a medicinal dosage form, or a medical cannabis device and
685 produces the registration card in the agent's possession in compliance with Subsection (1)
686 while handling, at a cannabis production establishment, or transporting the cannabis, cannabis
687 product, or medical cannabis device in compliance with Subsection (1):
688 (a) there is a rebuttable presumption that the agent possesses the cannabis, cannabis
689 product, or medical cannabis device legally; and
690 (b) a law enforcement officer does not have probable cause, based solely on the agent's
691 possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage
692 form, or medical cannabis device in compliance with Subsection (1), to believe that the
693 individual is engaging in illegal activity.
694 (3) (a) A cannabis production establishment agent who fails to carry the agent's
695 cannabis production establishment agent registration card in accordance with Subsection (1) is:
696 (i) for a first or second offense in a two-year period:
697 (A) guilty of an infraction; and
698 (B) subject to a $100 fine; or
699 (ii) for a third or subsequent offense in a two-year period:
700 (A) guilty of a class C misdemeanor; and
701 (B) subject to a $750 fine.
702 (b) (i) The prosecuting entity shall notify the department and the relevant cannabis
703 production establishment of each conviction under Subsection (3)(a).
704 (ii) For each violation described in Subsection (3)(a)(ii), the department may assess the
705 relevant cannabis production establishment a fine of up to $5,000, in accordance with a fine
706 schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
707 Administrative Rulemaking Act.
708 (c) An individual who is guilty of a violation described in Subsection (3)(a) is not
709 guilty for a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
710 underlying the violation described in Subsection (3)(a).
711 Section 8. Section 4-41a-403 is amended to read:
712 4-41a-403. Advertising.
713 (1) [
714 establishment may not advertise to the general public in any medium.
715 (2) [
716 advertise an employment opportunity at the cannabis production [
717 (3) A cannabis production establishment may maintain a website that:
718 (a) contains information about the establishment and employees; and
719 (b) does not advertise any medical cannabis, cannabis products, or medical cannabis
720 devices.
721 (4) Notwithstanding any municipal or county ordinance prohibiting signage, a cannabis
722 production establishment may use signage on the outside of the cannabis production
723 establishment that:
724 (a) includes only:
725 (i) the cannabis production establishment's name and hours of operation; and
726 (ii) a green cross;
727 (b) does not exceed four feet by five feet in size; and
728 (c) complies with local ordinances regulating signage.
729 Section 9. Section 4-41a-404 is amended to read:
730 4-41a-404. Cannabis, cannabis product, or medical cannabis device
731 transportation.
732 (1) (a) Only the following individuals may transport cannabis in a medicinal dosage
733 form, a cannabis product in a medicinal dosage form, or a medical cannabis device under this
734 chapter:
735 (i) a registered cannabis production establishment agent; or
736 (ii) a medical cannabis cardholder who is transporting a medical cannabis treatment
737 that the cardholder is authorized to possess under this chapter.
738 (b) Only an agent of a cannabis [
739 transporting cannabis plants to a cannabis processing facility or an independent cannabis
740 testing laboratory, may transport unprocessed cannabis outside of a medicinal dosage form.
741 (2) Except for an individual with a valid medical cannabis card under Title 26, Chapter
742 61a, Utah Medical Cannabis Act, who is transporting a medical cannabis treatment shall
743 possess a transportation manifest that:
744 (a) includes a unique identifier that links the cannabis, cannabis product, or medical
745 cannabis device to a relevant inventory control system;
746 (b) includes origin and destination information for any cannabis, cannabis product, or
747 medical cannabis device that the individual is transporting; and
748 (c) identifies the departure and arrival times and locations of the individual
749 transporting the cannabis, cannabis product, or medical cannabis device.
750 (3) (a) In addition to the requirements in Subsections (1) and (2), the department may
751 establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
752 Act, requirements for transporting cannabis in a medicinal dosage form, a cannabis product in a
753 medicinal dosage form, or a medical cannabis device to ensure that the cannabis, cannabis
754 product, or medical cannabis device remains safe for human consumption.
755 (b) The transportation described in Subsection (3)(a) is limited to transportation:
756 (i) between a cannabis cultivation facility and:
757 (A) another cannabis cultivation facility; or
758 (B) a cannabis processing facility; and
759 (ii) between a cannabis processing facility and:
760 (A) another cannabis processing facility;
761 (B) an independent cannabis testing laboratory; or
762 (C) a medical cannabis pharmacy[
763 [
764 (4) (a) It is unlawful for a registered cannabis production establishment agent to make a
765 transport described in this section with a manifest that does not meet the requirements of this
766 section.
767 (b) Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is:
768 (i) guilty of an infraction; and
769 (ii) subject to a $100 fine.
770 (c) An individual who is guilty of a violation described in Subsection (4)(b) is not
771 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
772 underlying the violation described in Subsection (4)(b).
773 (d) If the agent described in Subsection (4)(a) is transporting more cannabis, cannabis
774 product, or medical cannabis devices than the manifest identifies, except for a de minimis
775 administrative error:
776 (i) the penalty described in Subsection (4)(b) does not apply; and
777 (ii) the agent is subject to penalties under Title 58, Chapter 37, Utah Controlled
778 Substances Act.
779 (5) Nothing in this section prevents the department from taking administrative
780 enforcement action against a cannabis production establishment or another person for failing to
781 make a transport in compliance with the requirements of this section.
782 Section 10. Section 4-41a-406 is amended to read:
783 4-41a-406. Local control.
784 (1) As used in this section:
785 (a) "Land use decision" means the same as that term is defined in Sections 10-9a-103
786 and 17-27a-103.
787 (b) "Land use permit" means the same as that term is defined in Sections 10-9a-103
788 and 17-27a-103.
789 (c) "Land use regulation" means the same as that term is defined in Sections 10-9a-103
790 and 17-27a-103.
791 [
792 zone, [
793
794 production establishment shall be a permitted industrial use in any industrial zone unless the
795 municipality or county has designated by ordinance, before an individual submits a land use
796 permit application for a cannabis production establishment, at least one industrial zone in
797 which the operation of a cannabis production establishment is a permitted use.
798 (b) If a municipality's or county's zoning ordinances provide for an agricultural zone,
799 [
800
801 establishment shall be a permitted agricultural use in any agricultural zone unless the
802 municipality or county has designated by ordinance, before an individual submits a land use
803 permit application for a cannabis production establishment, at least one agricultural zone in
804 which the operation of a cannabis production establishment is a permitted use.
805 (c) The operation of a cannabis production establishment shall be a permitted use on
806 land that the municipality or county has not zoned.
807 [
808
809 (a) on the sole basis that the applicant or cannabis production establishment violates
810 federal law regarding the legal status of cannabis[
811 deny or revoke:
812 (i) a land use permit to operate a cannabis production facility; or
813 (ii) a business license to operate a cannabis production facility [
814
815
816 (b) require a certain distance between a cannabis production establishment and:
817 (i) another cannabis production establishment;
818 (ii) a medical cannabis pharmacy;
819 (iii) a retail tobacco specialty business, as that term is defined in Section 26-62-103; or
820 (iv) an outlet, as that term is defined in Section 32B-1-202; or
821 (c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), enforce a land use
822 regulation against a cannabis production establishment that was not in effect on the day on
823 which the cannabis production establishment submitted a complete land use application.
824 (4) An applicant for a land use permit to operate a cannabis production establishment
825 shall comply with the land use requirements and application process described in:
826 (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act,
827 including Section 10-9a-528; and
828 (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act,
829 including Section 17-27a-525.
830 Section 11. Section 4-41a-501 is amended to read:
831 4-41a-501. Cannabis cultivation facility -- Operating requirements.
832 (1) A cannabis cultivation facility shall ensure that any cannabis growing at the
833 cannabis cultivation facility is not visible from the ground level of the cannabis cultivation
834 facility perimeter.
835 (2) A cannabis cultivation facility shall use a unique identifier that is connected to the
836 cannabis cultivation facility's inventory control system to identify:
837 (a) beginning at the time a cannabis plant is eight inches tall and has a root ball, each
838 cannabis plant;
839 (b) each unique harvest of cannabis plants;
840 (c) each batch of cannabis the facility transfers to a medical cannabis pharmacy, [
841
842 cannabis testing laboratory; and
843 (d) any excess, contaminated, or deteriorated cannabis of which the cannabis
844 cultivation facility disposes.
845 Section 12. Section 4-41a-701 is amended to read:
846 4-41a-701. Cannabis and cannabis product testing.
847 (1) A cannabis cultivation facility may not offer any cannabis for sale to a cannabis
848 processing facility unless an independent cannabis testing laboratory has tested a representative
849 sample of the cannabis or cannabis product to determine that the presence of contaminants,
850 including mold, fungus, pesticides, microbial contaminants, heavy metals, or foreign material,
851 does not exceed an amount that is safe for human consumption.
852 (2) A cannabis processing facility may not offer any cannabis or cannabis products for
853 sale to a medical cannabis pharmacy [
854 medical cannabis pharmacy [
855 offer any cannabis or cannabis product for sale unless an independent cannabis testing
856 laboratory has tested a representative sample of the cannabis or cannabis product to determine:
857 (a) (i) the amount of total composite tetrahydrocannabinol and cannabidiol in the
858 cannabis or cannabis product; and
859 (ii) the amount of any other cannabinoid in the cannabis or cannabis product that the
860 label claims the cannabis or cannabis product contains;
861 (b) that the presence of contaminants, including mold, fungus, pesticides, microbial
862 contaminants, heavy metals, or foreign material, does not exceed an amount that is safe for
863 human consumption; and
864 (c) for a cannabis product that is manufactured using a process that involves extraction
865 using hydrocarbons, that the cannabis product does not contain a level of a residual solvent that
866 is not safe for human consumption.
867 (3) By rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
868 Act, the department:
869 (a) may determine the amount of any substance described in Subsections (2)(b) and (c)
870 that is safe for human consumption; and
871 (b) shall establish protocols for a recall of cannabis or a cannabis product by a cannabis
872 production establishment.
873 (4) The department may require testing for a toxin if:
874 (a) the department receives information indicating the potential presence of a toxin; or
875 (b) the department's inspector has reason to believe a toxin may be present based on the
876 inspection of a facility.
877 (5) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
878 Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the
879 testing of cannabis and cannabis products by independent cannabis testing laboratories.
880 (6) The department may require an independent cannabis testing laboratory to
881 participate in a proficiency evaluation that the department conducts or that an organization that
882 the department approves conducts.
883 Section 13. Section 4-41a-901 is enacted to read:
884
885 4-41a-901. Academic medical cannabis research -- License.
886 (1) A medical cannabis research licensee may, subject to department rules described in
887 Subsection (4), obtain from a cannabis production establishment, and possess, cannabis for
888 academic medical cannabis research.
889 (2) The department shall license a research university to obtain and possess cannabis
890 for the purpose of academic medical cannabis research if the research university submits to the
891 department:
892 (a) the location where the research university intends to conduct the research;
893 (b) the research university's research plan; and
894 (c) the name of the employee of the research university who will:
895 (i) supervise the obtaining of cannabis;
896 (ii) be responsible to possess and secure the cannabis; and
897 (iii) oversee the academic research.
898 (3) The department shall maintain a list of each medical cannabis research licensee.
899 (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
900 Administrative Rulemaking Act, to:
901 (a) establish requirements for a licensee to:
902 (i) participate in academic medical cannabis research;
903 (ii) obtain from a cannabis production establishment, and possess, cannabis for
904 academic medical cannabis research; and
905 (b) set sampling and testing procedures.
906 (5) A medical cannabis research licensee shall provide to the department written
907 consent allowing a representative of the department and local law enforcement to enter all
908 premises where the licensee possesses or stores cannabis for the purpose of:
909 (a) conducting a physical inspection; or
910 (b) ensuring compliance with the requirements of this chapter.
911 (6) An individual who has been convicted of a drug related felony within the last 10
912 years may not obtain, possess, or conduct any research on cannabis under a medical cannabis
913 research licensee's license under this part.
914 (7) The department may set a fee, in accordance with Subsection 4-2-103(2), for the
915 application for a medical cannabis research license.
916 Section 14. Section 4-41a-902 is enacted to read:
917 4-41a-902. Cannabis production establishment product for academic research.
918 A cannabis production establishment may sell cannabis and cannabis products to a
919 medical cannabis research licensee for the purpose of academic research.
920 Section 15. Section 4-41a-903 is enacted to read:
921 4-41a-903. Unlawful acts.
922 (1) It is unlawful for a person who is not operating under the license of a medical
923 cannabis research licensee to obtain or possess cannabis for academic medical cannabis
924 research.
925 (2) It is unlawful for a cannabis production establishment to offer, sell, or otherwise
926 provide cannabis or cannabis products for the purpose of academic research to an entity that is
927 not a medical cannabis research licensee.
928 (3) The department may seize from a medical cannabis research licensee and destroy
929 cannabis or cannabis products that do not comply with this chapter.
930 Section 16. Section 10-9a-528 is enacted to read:
931 10-9a-528. Cannabis production establishments and medical cannabis
932 pharmacies.
933 (1) As used in this section:
934 (a) "Cannabis production establishment" means the same as that term is defined in
935 Section 4-41a-102.
936 (b) "Medical cannabis pharmacy" means the same as that term is defined in Section
937 26-61a-102.
938 (2) (a) (i) A municipality may not regulate a cannabis production establishment in
939 conflict with:
940 (A) Title 4, Chapter 41a, Cannabis Production Establishments, and applicable
941 jurisprudence; and
942 (B) this chapter.
943 (ii) A municipality may not regulate a medical cannabis pharmacy in conflict with:
944 (A) Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence;
945 and
946 (B) this chapter.
947 (b) The Department of Agriculture and Food has plenary authority to license programs
948 or entities that operate a cannabis production establishment.
949 (c) The Department of Health has plenary authority to license programs or entities that
950 operate a medical cannabis pharmacy.
951 (3) (a) Within the time period described in Subsection (3)(b), a municipality shall
952 prepare and adopt a land use regulation, development agreement, or land use decision in
953 accordance with this title and:
954 (i) regarding a cannabis production establishment, Section 4-41a-406; or
955 (ii) regarding a medical cannabis pharmacy, Section 26-61a-507.
956 (b) A municipality shall take the action described in Subsection (3)(a):
957 (i) before January 1, 2021, within 45 days after the day on which the municipality
958 receives a petition for the action; and
959 (ii) after January 1, 2021, in accordance with Subsection 10-9a-509.5(2).
960 Section 17. Section 15A-5-103 is amended to read:
961 15A-5-103. Nationally recognized codes incorporated by reference.
962 The following codes are incorporated by reference into the State Fire Code:
963 (1) the International Fire Code, 2018 edition, excluding appendices, as issued by the
964 International Code Council, Inc., except as amended by Part 2, Statewide Amendments and
965 Additions to International Fire Code Incorporated as Part of State Fire Code;
966 (2) National Fire Protection Association, NFPA 96, Standard for Ventilation Control
967 and Fire Protection of Commercial Cooking Operations, 2017 edition, except as amended by
968 Part 3, Amendments and Additions to National Fire Protection Association Incorporated as
969 Part of State Fire Code; [
970 (3) National Fire Protection Association, NFPA 1403, Standard on Live Fire Training
971 Evolutions, 2012 edition, except as amended by Part 3, Amendments and Additions to National
972 Fire Protection Association Incorporated as Part of State Fire Code[
973 (4) National Fire Protection Association, NFPA 1, Chapter 38, Marijuana Growing,
974 Processing, and Extraction Facilities, 2018 edition.
975 Section 18. Section 17-27a-525 is enacted to read:
976 17-27a-525. Cannabis production establishments and medical cannabis
977 pharmacies.
978 (1) As used in this section:
979 (a) "Cannabis production establishment" means the same as that term is defined in
980 Section 4-41a-102.
981 (b) "Medical cannabis pharmacy" means the same as that term is defined in Section
982 26-61a-102.
983 (2) (a) (i) A county may not regulate a cannabis production establishment in conflict
984 with:
985 (A) Title 4, Chapter 41a, Cannabis Production Establishments, and applicable
986 jurisprudence; and
987 (B) this chapter.
988 (ii) A county may not regulate a medical cannabis pharmacy in conflict with:
989 (A) Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence;
990 and
991 (B) this chapter.
992 (b) The Department of Agriculture and Food has plenary authority to license programs
993 or entities that operate a cannabis production establishment.
994 (c) The Department of Health has plenary authority to license programs or entities that
995 operate a medical cannabis pharmacy.
996 (3) (a) Within the time period described in Subsection (3)(b), a county shall prepare
997 and adopt a land use regulation, development agreement, or land use decision in accordance
998 with this title and:
999 (i) regarding a cannabis production establishment, Section 4-41a-406; or
1000 (ii) regarding a medical cannabis pharmacy, Section 26-61a-507.
1001 (b) A county shall take the action described in Subsection (3)(a):
1002 (i) before January 1, 2021, within 45 days after the day on which the county receives a
1003 petition for the action; and
1004 (ii) after January 1, 2021, in accordance with Subsection 10-9a-509.5(2).
1005 Section 19. Section 26-61a-102 is amended to read:
1006 26-61a-102. Definitions.
1007 As used in this chapter:
1008 (1) "Blister" means a plastic cavity or pocket used to contain no more than a single
1009 dose of cannabis or a cannabis product in a blister pack.
1010 (2) "Blister pack" means a plastic, paper, or foil package with multiple blisters each
1011 containing no more than a single dose of cannabis or a cannabis product.
1012 (3) "Cannabis" means marijuana.
1013 (4) "Cannabis cultivation facility" means the same as that term is defined in Section
1014 4-41a-102.
1015 (5) "Cannabis processing facility" means the same as that term is defined in Section
1016 4-41a-102.
1017 (6) "Cannabis product" means a product that:
1018 (a) is intended for human use; and
1019 (b) contains cannabis or tetrahydrocannabinol.
1020 (7) "Cannabis production establishment" means the same as that term is defined in
1021 Section 4-41a-102.
1022 [
1023 defined in Section 4-41a-102.
1024 [
1025 as that term is defined in Section 4-41a-102.
1026 [
1027 facility or preschool, a church, a public library, a public playground, or a public park.
1028 [
1029 [
1030 (a) whom an individual with a medical cannabis patient card or a medical cannabis
1031 guardian card designates as the patient's caregiver; and
1032 (b) who registers with the department under Section 26-61a-202.
1033 [
1034 administration for a recommended treatment of cannabis in a medicinal dosage form or a
1035 cannabis product in a medicinal dosage form.
1036 (14) "Financial institution" means a bank, trust company, savings institution, or credit
1037 union, chartered and supervised under state or federal law.
1038 (15) "Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy
1039 that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis
1040 shipments to a medical cannabis cardholder's home address to fulfill electronic orders that the
1041 state central patient portal facilitates.
1042 [
1043 defined in Section 4-41a-102.
1044 [
1045 4-41a-103.
1046 [
1047
1048 [
1049
1050 [
1051 [
1052 cannabis product in a medicinal dosage form.
1053 [
1054 cannabis guardian card, or a medical cannabis caregiver card.
1055 [
1056 [
1057 that a cardholder may print or store on an electronic device or a physical card or document that:
1058 (a) the department issues to an individual whom a medical cannabis patient cardholder
1059 or a medical cannabis guardian cardholder designates as a designated caregiver; and
1060 (b) is connected to the electronic verification system.
1061 (23) "Medical cannabis courier" means a courier that:
1062 (a) the department licenses in accordance with Section 26-61a-604; and
1063 (b) contracts with a home delivery medical cannabis pharmacy to deliver medical
1064 cannabis shipments to fulfill electronic orders that the state central patient portal facilitates.
1065 [
1066 ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal
1067 dosage form.
1068 (b) "Medical cannabis device" does not include a device that:
1069 (i) facilitates cannabis combustion; or
1070 (ii) an individual uses to ingest substances other than cannabis.
1071 [
1072 that a cardholder may print or store on an electronic device or a physical card or document that:
1073 (a) the department issues to the parent or legal guardian of a minor with a qualifying
1074 condition; and
1075 (b) is connected to the electronic verification system.
1076 [
1077 that a cardholder may print or store on an electronic device or a physical card or document that:
1078 (a) the department issues to an individual with a qualifying condition; and
1079 (b) is connected to the electronic verification system.
1080 [
1081 (a) (i) acquires or intends to acquire:
1082 (A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
1083 form from a cannabis processing facility; or
1084 (B) a medical cannabis device; or
1085 (ii) possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal
1086 dosage form, or a medical cannabis device; and
1087 (b) sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a
1088 medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder.
1089 [
1090 (a) is an employee of a medical cannabis pharmacy; and
1091 (b) who holds a valid medical cannabis pharmacy agent registration card.
1092 [
1093 card issued by the department that authorizes an individual to act as a medical cannabis
1094 pharmacy agent.
1095 (30) "Medical cannabis shipment" means a shipment of medical cannabis or a medical
1096 cannabis product that a home delivery medical cannabis pharmacy or a medical cannabis
1097 courier delivers to a medical cannabis cardholder's home address to fulfill an electronic medical
1098 cannabis order that the state central patient portal facilitates.
1099 [
1100 cannabis product in a medicinal dosage form, or a medical cannabis device.
1101 [
1102 (i) for processed medical cannabis or a medical cannabis product, the following with a
1103 specific and consistent cannabinoid content:
1104 (A) a tablet;
1105 (B) a capsule;
1106 (C) a concentrated oil;
1107 (D) a liquid suspension;
1108 (E) a topical preparation;
1109 (F) a transdermal preparation;
1110 (G) a sublingual preparation;
1111 (H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
1112 rectangular cuboid shape; or
1113 (I) for use only after the individual's qualifying condition has failed to substantially
1114 respond to at least two other forms described in this Subsection [
1115 wax;
1116 (ii) for unprocessed cannabis flower, a blister pack, with each individual blister:
1117 (A) containing a specific and consistent weight that does not exceed one gram and that
1118 varies by no more than 10% from the stated weight; and
1119 (B) after December 31, 2020, labeled with a barcode that provides information
1120 connected to an inventory control system and the individual blister's content and weight; and
1121 (iii) a form measured in grams, milligrams, or milliliters.
1122 (b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
1123 (i) the medical cannabis cardholder has recently removed from the blister pack
1124 described in Subsection [
1125 (ii) does not exceed the quantity described in Subsection [
1126 (c) "Medicinal dosage form" does not include:
1127 (i) any unprocessed cannabis flower outside of the blister pack, except as provided in
1128 Subsection [
1129 (ii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis
1130 on a nail or other metal object that is heated by a flame, including a blowtorch.
1131 (33) "Payment provider" means an entity that contracts with a cannabis production
1132 establishment or medical cannabis pharmacy to facilitate transfers of funds between the
1133 establishment or pharmacy and other businesses or individuals.
1134 [
1135 site at a medical cannabis pharmacy under Section 26-61a-403.
1136 [
1137 (a) the department issues to a minor with a qualifying condition for whom:
1138 (i) a qualified medical provider has recommended a medical cannabis treatment; and
1139 (ii) the department issues a medical cannabis guardian card to the minor's parent or
1140 legal guardian; and
1141 (b) is connected to the electronic verification system.
1142 [
1143 recommend treatment with cannabis in a medicinal dosage form under Section 26-61a-106.
1144 [
1145
1146 [
1147 Section 26-61a-109.
1148 [
1149 [
1150
1151 [
1152
1153 (39) "State central patient portal" means the website the department creates, in
1154 accordance with Section 26-61a-601, to facilitate patient safety, education, and an electronic
1155 medical cannabis order.
1156 [
1157 a physician or pharmacist that the [
1158 employs in relation to the state central patient portal to consult with medical cannabis
1159 cardholders in accordance with Section [
1160 [
1161
1162
1163
1164 [
1165 26-61a-103.
1166 (42) "Valid form of photo identification" means a valid United States federal- or
1167 state-issued photo identification, including:
1168 (a) a driver license;
1169 (b) a United States passport;
1170 (c) a United States passport card; or
1171 (d) a United States military identification card.
1172 Section 20. Section 26-61a-103 is amended to read:
1173 26-61a-103. Electronic verification system.
1174 (1) The Department of Agriculture and Food, the department, the Department of Public
1175 Safety, and the Department of Technology Services shall:
1176 (a) enter into a memorandum of understanding in order to determine the function and
1177 operation of the state electronic verification system in accordance with Subsection (2);
1178 (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
1179 Procurement Code, to develop a request for proposals for a third-party provider to develop and
1180 maintain the state electronic verification system in coordination with the Department of
1181 Technology Services; and
1182 (c) select a third-party provider who:
1183 (i) meets the requirements contained in the request for proposals issued under
1184 Subsection (1)(b); and
1185 (ii) may not have any commercial or ownership interest in a cannabis production
1186 establishment or a medical cannabis pharmacy.
1187 (2) The Department of Agriculture and Food, the department, the Department of Public
1188 Safety, and the Department of Technology Services shall ensure that, on or before March 1,
1189 2020, the state electronic verification system described in Subsection (1):
1190 (a) allows an individual, with the individual's qualified medical provider in the qualified
1191 medical provider's office, to apply for a medical cannabis patient card or, if applicable, a
1192 medical cannabis guardian card;
1193 (b) allows an individual to apply to renew a medical cannabis patient card or a medical
1194 cannabis guardian card in accordance with Section 26-61a-201;
1195 (c) allows a qualified medical provider to:
1196 (i) access dispensing and card status information regarding a patient:
1197 (A) with whom the qualified medical provider has a provider-patient relationship; and
1198 (B) for whom the qualified medical provider has recommended or is considering
1199 recommending a medical cannabis card;
1200 (ii) electronically recommend, during a visit with a patient, treatment with cannabis in a
1201 medicinal dosage form or a cannabis product in a medicinal dosage form and optionally
1202 recommend dosing parameters;
1203 (iii) electronically renew a recommendation to a medical cannabis patient cardholder or
1204 medical cannabis guardian cardholder:
1205 (A) for the qualified medical provider who originally recommended a medical cannabis
1206 treatment, as that term is defined in Section 26-61a-102, using telehealth services; or
1207 (B) for a qualified medical provider who did not originally recommend the medical
1208 cannabis treatment, during a face-to-face visit with a patient; and
1209 [
1210
1211 (iv) notate a determination of physical difficulty or undue hardship, described in
1212 Subsection 26-61a-202(1), to qualify a patient to designate a caregiver;
1213 (d) connects with:
1214 (i) an inventory control system that a medical cannabis pharmacy [
1215
1216 cannabis in a medicinal dosage form, cannabis product in a medicinal dosage form, or a
1217 medical cannabis device, including:
1218 (A) the time and date of each purchase;
1219 (B) the quantity and type of cannabis, cannabis product, or medical cannabis device
1220 purchased;
1221 (C) any cannabis production establishment, any medical cannabis pharmacy, or [
1222
1223 cannabis product, or medical cannabis device; and
1224 (D) the personally identifiable information of the medical cannabis cardholder who
1225 made the purchase; and
1226 (ii) any commercially available inventory control system that a cannabis production
1227 establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of
1228 Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
1229 Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
1230 track and confirm compliance;
1231 (e) provides access to:
1232 (i) the department to the extent necessary to carry out the department's functions and
1233 responsibilities under this chapter;
1234 (ii) the Department of Agriculture and Food to the extent necessary to carry out the
1235 functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
1236 41a, Cannabis Production Establishments; and
1237 (iii) the Division of Occupational and Professional Licensing to the extent necessary to
1238 carry out the functions and responsibilities related to the participation of the following in the
1239 recommendation and dispensing of medical cannabis:
1240 (A) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1241 (B) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1242 Practice Act;
1243 (C) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1244 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1245 (D) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
1246 Assistant Act;
1247 (f) provides access to and interaction with the state central [
1248
1249
1250 (g) provides access to state or local law enforcement:
1251 (i) during a traffic stop for the purpose of determining if the individual subject to the
1252 traffic stop is in compliance with state medical cannabis law; or
1253 (ii) after obtaining a warrant; and
1254 (h) creates a record each time a person accesses the database that identifies the person
1255 who accesses the database and the individual whose records the person accesses.
1256 (3) The department may release [
1257 the purpose of:
1258 (a) conducting medical and other department approved research; [
1259 (b) providing the report required by Section 26-61a-703[
1260 (c) other official department purposes.
1261 (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1262 Administrative Rulemaking Act, to establish:
1263 (a) the limitations on access to the data in the state electronic verification system as
1264 described in this section; and
1265 (b) standards and procedures to ensure accurate identification of an individual
1266 requesting information or receiving information in this section.
1267 (5) (a) Any person who knowingly and intentionally releases any information in the
1268 state electronic verification system in violation of this section is guilty of a third degree felony.
1269 (b) Any person who negligently or recklessly releases any information in the state
1270 electronic verification system in violation of this section is guilty of a class C misdemeanor.
1271 (6) (a) Any person who obtains or attempts to obtain information from the state
1272 electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
1273 (b) Any person who obtains or attempts to obtain information from the state electronic
1274 verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
1275 degree felony.
1276 (7) (a) Except as provided in Subsection (7)(e), a person may not knowingly and
1277 intentionally use, release, publish, or otherwise make available to any other person information
1278 obtained from the state electronic verification system for any purpose other than a purpose
1279 specified in this section.
1280 (b) Each separate violation of this Subsection (7) is:
1281 (i) a third degree felony; and
1282 (ii) subject to a civil penalty not to exceed $5,000.
1283 (c) The department shall determine a civil violation of this Subsection (7) in
1284 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1285 (d) Civil penalties assessed under this Subsection (7) shall be deposited into the
1286 General Fund.
1287 (e) This Subsection (7) does not prohibit a person who obtains information from the
1288 state electronic verification system under Subsection (2)(a), (c), or (f) from:
1289 (i) including the information in the person's medical chart or file for access by a person
1290 authorized to review the medical chart or file;
1291 (ii) providing the information to a person in accordance with the requirements of the
1292 Health Insurance Portability and Accountability Act of 1996; or
1293 (iii) discussing or sharing that information about the patient with the patient.
1294 Section 21. Section 26-61a-106 is amended to read:
1295 26-61a-106. Qualified medical provider registration -- Continuing education --
1296 Treatment recommendation.
1297 (1) (a) Except as provided in Subsection (1)(b), an individual may not recommend a
1298 medical cannabis treatment unless the department registers the individual as a qualified
1299 medical provider in accordance with this section.
1300 (b) An individual who meets the qualifications in Subsections 26-61a-106(2)(a)(iii)
1301 and (iv) may recommend a medical cannabis treatment without registering under Subsection
1302 (1)(a) until January 1, 2021.
1303 (2) (a) The department shall, within 15 days after the day on which the department
1304 receives an application from an individual, register and issue a qualified medical provider
1305 registration card to the individual if the individual:
1306 (i) provides to the department the individual's name and address;
1307 (ii) provides to the department a report detailing the individual's completion of the
1308 applicable continuing education requirement described in Subsection (3);
1309 (iii) provides to the department evidence that the individual:
1310 (A) has the authority to write a prescription;
1311 (B) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
1312 Controlled Substances Act; and
1313 (C) possesses the authority, in accordance with the individual's scope of practice, to
1314 prescribe a Schedule II controlled substance;
1315 (iv) provides to the department evidence that the individual is:
1316 (A) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1317 Practice Act;
1318 (B) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1319 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1320 (C) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
1321 Act, whose declaration of services agreement, as that term is defined in Section 58-70a-102,
1322 includes the recommending of medical cannabis, and whose supervising physician is a
1323 qualified medical provider; and
1324 (v) pays the department a fee in an amount that:
1325 (A) the department sets, in accordance with Section 63J-1-504; and
1326 (B) does not exceed $300 for an initial registration.
1327 (b) The department may not register an individual as a qualified medical provider if the
1328 individual is:
1329 (i) a pharmacy medical provider [
1330 (ii) an owner, officer, director, board member, employee, or agent of a cannabis
1331 production establishment [
1332 (3) (a) An individual shall complete the continuing education described in this
1333 Subsection (3) in the following amounts:
1334 (i) for an individual as a condition precedent to registration, four hours; and
1335 (ii) for a qualified medical provider as a condition precedent to renewal, four hours
1336 every two years.
1337 (b) In accordance with Subsection (3)(a), a qualified medical provider shall:
1338 (i) complete continuing education:
1339 (A) regarding the topics described in Subsection (3)(d); and
1340 (B) offered by the department under Subsection (3)(c) or an accredited or approved
1341 continuing education provider that the department recognizes as offering continuing education
1342 appropriate for the recommendation of cannabis to patients; and
1343 (ii) make a continuing education report to the department in accordance with a process
1344 that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
1345 Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
1346 Professional Licensing and:
1347 (A) for an advanced practice registered nurse licensed under Title 58, Chapter 31b,
1348 Nurse Practice Act, the Board of Nursing;
1349 (B) for a qualified medical provider licensed under Title 58, Chapter 67, Utah Medical
1350 Practice Act, the Physicians Licensing Board;
1351 (C) for a qualified medical provider licensed under Title 58, Chapter 68, Utah
1352 Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board;
1353 and
1354 (D) for a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
1355 Assistant Act, the Physician Assistant Licensing Board.
1356 (c) The department may, in consultation with the Division of Occupational and
1357 Professional Licensing, develop the continuing education described in this Subsection (3).
1358 (d) The continuing education described in this Subsection (3) may discuss:
1359 (i) the provisions of this chapter;
1360 (ii) general information about medical cannabis under federal and state law;
1361 (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
1362 including risks and benefits;
1363 (iv) recommendations for medical cannabis as it relates to the continuing care of a
1364 patient in pain management, risk management, potential addiction, or palliative care; and
1365 (v) best practices for recommending the form and dosage of medical cannabis products
1366 based on the qualifying condition underlying a medical cannabis recommendation.
1367 (4) (a) Except as provided in Subsection (4)(b) or (c), a qualified medical provider may
1368 not recommend a medical cannabis treatment to more than 175 of the qualified medical
1369 provider's patients at the same time, as determined by the number of medical cannabis cards
1370 under the qualified medical provider's name in the state electronic verification system.
1371 (b) Except as provided in Subsection (4)(c), a qualified medical provider may
1372 recommend a medical cannabis treatment to up to 300 of the qualified medical provider's
1373 patients at any given time, as determined by the number of medical cannabis cards under the
1374 qualified medical provider's name in the state electronic verification system, if:
1375 (i) the appropriate American medical board has certified the qualified medical provider
1376 in the specialty of anesthesiology, gastroenterology, neurology, oncology, pain, hospice and
1377 palliative medicine, physical medicine and rehabilitation, rheumatology, or psychiatry; or
1378 (ii) a licensed business employs or contracts with the qualified medical provider for the
1379 specific purpose of providing hospice and palliative care.
1380 (c) (i) Notwithstanding Subsection (4)(b), a qualified medical provider described in
1381 Subsection (4)(b) may petition the Division of Occupational and Professional Licensing for
1382 authorization to exceed the limit described in Subsection (4)(b) by graduating increments of
1383 100 patients per authorization, not to exceed three authorizations.
1384 (ii) The Division of Occupational and Professional Licensing shall grant the
1385 authorization described in Subsection (4)(c)(i) if:
1386 (A) the petitioning qualified medical provider pays a $100 fee;
1387 (B) the division performs a review that includes the qualified medical provider's
1388 medical cannabis recommendation activity in the state electronic verification system, relevant
1389 information related to patient demand, and any patient medical records that the division
1390 determines would assist in the division's review; and
1391 (C) after the review described in this Subsection (4)(c)(ii), the division determines that
1392 granting the authorization would not adversely affect public safety, adversely concentrate the
1393 overall patient population among too few qualified medical providers, or adversely concentrate
1394 the use of medical cannabis among the provider's patients.
1395 (5) A qualified medical provider may recommend medical cannabis to an individual
1396 under this chapter only in the course of a qualified medical provider-patient relationship after
1397 the qualifying medical provider has completed and documented in the patient's medical record
1398 a thorough assessment of the patient's condition and medical history based on the appropriate
1399 standard of care for the patient's condition.
1400 (6) (a) Except as provided in Subsection (6)(b), a qualified medical provider may not
1401 advertise that the qualified medical provider recommends medical cannabis treatment.
1402 (b) For purposes of Subsection (6)(a), the communication of the following, through a
1403 website does not constitute advertising:
1404 (i) a green cross;
1405 (ii) a qualifying condition that the qualified medical provider treats; or
1406 (iii) a scientific study regarding medical cannabis use.
1407 (7) (a) A qualified medical provider registration card expires two years after the day on
1408 which the department issues the card.
1409 (b) The department shall renew a qualified medical provider's registration card if the
1410 provider:
1411 (i) applies for renewal;
1412 (ii) is eligible for a qualified medical provider registration card under this section,
1413 including maintaining an unrestricted license as described in Subsection (2)(a)(iii);
1414 (iii) certifies to the department in a renewal application that the information in
1415 Subsection (2)(a) is accurate or updates the information;
1416 (iv) submits a report detailing the completion of the continuing education requirement
1417 described in Subsection (3); and
1418 (v) pays the department a fee in an amount that:
1419 (A) the department sets, in accordance with Section 63J-1-504; and
1420 (B) does not exceed $50 for a registration renewal.
1421 (8) The department may revoke the registration of a qualified medical provider who
1422 fails to maintain compliance with the requirements of this section.
1423 (9) A qualified medical provider may not receive any compensation or benefit for the
1424 qualified medical provider's medical cannabis treatment recommendation from:
1425 (a) a cannabis production establishment or an owner, officer, director, board member,
1426 employee, or agent of a cannabis production establishment;
1427 (b) a medical cannabis pharmacy or an owner, officer, director, board member,
1428 employee, or agent of a medical cannabis pharmacy; or
1429 (c) a qualified medical provider or pharmacy medical provider.
1430 Section 22. Section 26-61a-107 is amended to read:
1431 26-61a-107. Standard of care -- Physicians and pharmacists not liable -- No
1432 private right of action.
1433 (1) An individual described in Subsection (2) is not subject to the following solely for
1434 violating a federal law or regulation that would otherwise prohibit recommending, prescribing,
1435 or dispensing medical cannabis, a medical cannabis product, or a cannabis-based drug that the
1436 United States Food and Drug Administration has not approved:
1437 (a) civil or criminal liability; or
1438 (b) licensure sanctions under Title 58, Chapter 17b, Pharmacy Practice Act, Title 58,
1439 Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act, Title 58,
1440 Chapter 68, Utah Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Utah Physician
1441 Assistant Act.
1442 (2) The limitations of liability described in Subsection (1) apply to:
1443 (a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1444 Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1445 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed
1446 under Title 58, Chapter 70a, Utah Physician Assistant Act:
1447 (i) (A) whom the department has registered as a qualified medical provider; and
1448 (B) who recommends treatment with cannabis in a medicinal dosage form or a
1449 cannabis product in a medicinal dosage form to a patient in accordance with this chapter; or
1450 (ii) before January 1, 2021, who:
1451 (A) has the authority to write a prescription; and
1452 (B) recommends a medical cannabis treatment to a patient who has a qualifying
1453 condition; and
1454 (b) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act:
1455 (i) whom the department has registered as a pharmacy medical provider [
1456
1457 (ii) who dispenses, in a medical cannabis pharmacy [
1458
1459 in a medicinal dosage form to a medical cannabis cardholder in accordance with this chapter.
1460 (3) Nothing in this section or chapter reduces or in any way negates the duty of an
1461 individual described in Subsection (2) to use reasonable and ordinary care in the treatment of a
1462 patient:
1463 (a) who may have a qualifying condition; and
1464 (b) (i) for whom the individual described in Subsection (2)(a)(i) or (ii) has
1465 recommended or might consider recommending a treatment with cannabis or a cannabis
1466 product; or
1467 (ii) with whom the pharmacist described in Subsection (2)(b) has interacted in the
1468 dosing or dispensing of cannabis or a cannabis product.
1469 Section 23. Section 26-61a-109 is amended to read:
1470 26-61a-109. Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality.
1471 (1) There is created an enterprise fund known as the "Qualified Patient Enterprise
1472 Fund."
1473 (2) The fund created in this section is funded from:
1474 (a) money the department deposits into the fund under this chapter;
1475 (b) appropriations the Legislature makes to the fund; and
1476 (c) the interest described in Subsection (3).
1477 (3) Interest earned on the fund shall be deposited into the fund.
1478 (4) The department may only use money in the fund to fund the department's
1479 responsibilities under this chapter[
1480
1481 (5) The department shall set fees authorized under this chapter in amounts that the
1482 department anticipates are necessary, in total, to cover the department's cost to implement this
1483 chapter.
1484 Section 24. Section 26-61a-111 is amended to read:
1485 26-61a-111. Nondiscrimination for medical care or government employment --
1486 Notice to prospective and current public employees.
1487 (1) For purposes of medical care, including an organ or tissue transplant, a patient's
1488 use, in accordance with this chapter, of cannabis in a medicinal dosage form or a cannabis
1489 product in a medicinal dosage form:
1490 (a) is considered the equivalent of the authorized use of any other medication used at
1491 the discretion of a physician; and
1492 (b) does not constitute the use of an illicit substance or otherwise disqualify an
1493 individual from needed medical care.
1494 (2) (a) Notwithstanding any other provision of law and except as provided in
1495 Subsection (2)(b), the state or any political subdivision shall treat an employee's use of medical
1496 cannabis in accordance with this chapter or Section 58-37-3.7 in the same way the state or
1497 political subdivision treats employee use of [
1498 substance.
1499 (b) Subsection (2)(a) does not apply where the application of Subsection (2)(a) would
1500 jeopardize federal funding, a federal security clearance, or any other federal background
1501 determination required for the employee's position.
1502 (3) (a) (i) A state employer or a political subdivision employer shall take the action
1503 described in Subsection (3)(a)(ii) before:
1504 (A) giving to a current employee an assignment or duty that arises from or directly
1505 relates to an obligation under this chapter; or
1506 (B) hiring a prospective employee whose assignments or duties would include an
1507 assignment or duty that arises from or directly relates to an obligation under this chapter.
1508 (ii) The employer described in Subsection (3)(a)(i) shall give the employee or
1509 prospective employee described in Subsection (3)(a)(i) a written notice that notifies the
1510 employee or prospective employee:
1511 (A) that the employee's or prospective employee's job duties may require the employee
1512 or prospective employee to engage in conduct which is in violation of the criminal laws of the
1513 United States; and
1514 (B) that in accepting a job or undertaking a duty described in Subsection (3)(a)(i),
1515 although the employee or prospective employee is entitled to the protections of Title 67,
1516 Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
1517 carry out an assignment or duty that may be a violation of the criminal laws of the United
1518 States with respect to the manufacture, sale, or distribution of cannabis.
1519 (b) The Department of Human Resource Management shall create, revise, and publish
1520 the form of the notice described in Subsection (3)(a).
1521 (c) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice
1522 described in Subsection (3)(a) may not:
1523 (i) claim in good faith that the employee's actions violate or potentially violate the laws
1524 of the United States with respect to the manufacture, sale, or distribution of cannabis; or
1525 (ii) refuse to carry out a directive that the employee reasonably believes violates the
1526 criminal laws of the United States with respect to the manufacture, sale, or distribution of
1527 cannabis.
1528 (d) An employer of an employee who has signed the notice described in Subsection
1529 (3)(a) may not take retaliatory action as defined in Section 67-19a-101 against a current
1530 employee who refuses to sign the notice described in Subsection (3)(a).
1531 Section 25. Section 26-61a-115 is enacted to read:
1532 26-61a-115. Analogous to prescribed controlled substances.
1533 When an employee, officer, or agent of the state or a political subdivision makes a
1534 finding, determination, or otherwise considers an individual's possession or use of cannabis, a
1535 cannabis product, or a medical cannabis device, the employee, officer, or agent may not
1536 consider the individual's possession or use any differently than the lawful possession or use of
1537 any prescribed controlled substance, if the individual's possession or use complies with:
1538 (1) this chapter;
1539 (2) Title 4, Chapter 41a, Cannabis Production Establishments; or
1540 (3) Subsection 58-37-3.7(2) or (3).
1541 Section 26. Section 26-61a-201 is amended to read:
1542 26-61a-201. Medical cannabis patient card -- Medical cannabis guardian card
1543 application -- Fees -- Studies.
1544 (1) On or before March 1, 2020, the department shall, within 15 days after the day on
1545 which an individual who satisfies the eligibility criteria in this section or Section 26-61a-202
1546 submits an application in accordance with this section or Section 26-61a-202:
1547 (a) issue a medical cannabis patient card to an individual described in Subsection
1548 (2)(a);
1549 (b) issue a medical cannabis guardian card to an individual described in Subsection
1550 (2)(b);
1551 (c) issue a provisional patient card to a minor described in Subsection (2)(c); and
1552 (d) issue a medical cannabis caregiver card to an individual described in Subsection
1553 26-61a-202(4).
1554 (2) (a) An individual is eligible for a medical cannabis patient card if:
1555 (i) (A) the individual is at least 21 years old; or
1556 (B) the individual is 18, 19, or 20 years old, the individual petitions the compassionate
1557 use board under Section 26-61a-105, and the compassionate use board recommends department
1558 approval of the petition;
1559 (ii) the individual is a Utah resident;
1560 (iii) the individual's qualified medical provider recommends treatment with medical
1561 cannabis in accordance with Subsection (4);
1562 (iv) the individual signs an acknowledgment stating that the individual received the
1563 information described in Subsection (8); and
1564 (v) the individual pays to the department a fee in an amount that, subject to Subsection
1565 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
1566 (b) (i) An individual is eligible for a medical cannabis guardian card if the individual:
1567 (A) is at least 18 years old;
1568 (B) is a Utah resident;
1569 (C) is the parent or legal guardian of a minor for whom the minor's qualified medical
1570 provider recommends a medical cannabis treatment, the individual petitions the compassionate
1571 use board under Section 26-61a-105, and the compassionate use board recommends department
1572 approval of the petition;
1573 (D) the individual signs an acknowledgment stating that the individual received the
1574 information described in Subsection (8);
1575 (E) pays to the department a fee in an amount that, subject to Subsection
1576 26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the
1577 criminal background check described in Section 26-61a-203; and
1578 (F) the individual has not been convicted of a misdemeanor or felony drug distribution
1579 offense under either state or federal law, unless the individual completed any imposed sentence
1580 six months or more before the day on which the individual applies for a medical cannabis
1581 guardian card.
1582 (ii) The department shall notify the Department of Public Safety of each individual that
1583 the department registers for a medical cannabis guardian card.
1584 (c) (i) A minor is eligible for a provisional patient card if:
1585 (A) the minor has a qualifying condition;
1586 (B) the minor's qualified medical provider recommends a medical cannabis treatment
1587 to address the minor's qualifying condition;
1588 (C) the minor's parent or legal guardian petitions the compassionate use board under
1589 Section 26-61a-105, and the compassionate use board recommends department approval of the
1590 petition; and
1591 (D) the minor's parent or legal guardian is eligible for a medical cannabis guardian card
1592 under Subsection (2)(b).
1593 (ii) The department shall automatically issue a provisional patient card to the minor
1594 described in Subsection (2)(c)(i) at the same time the department issues a medical cannabis
1595 guardian card to the minor's parent or legal guardian.
1596 (3) (a) An individual who is eligible for a medical cannabis card described in
1597 Subsection (2)(a) or (b) shall submit an application for a medical cannabis card to the
1598 department:
1599 (i) through an electronic application connected to the state electronic verification
1600 system;
1601 (ii) with the recommending qualified medical provider while in the recommending
1602 qualified medical provider's office; and
1603 (iii) with information including:
1604 (A) the applicant's name, gender, age, and address;
1605 (B) the number of the applicant's valid form of photo identification [
1606
1607
1608 (C) for a medical cannabis guardian card, the name, gender, and age of the minor
1609 receiving a medical cannabis treatment under the cardholder's medical cannabis guardian card;
1610 and
1611 (D) for a provisional patient card, the name of the minor's parent or legal guardian who
1612 holds the associated medical cannabis guardian card.
1613 (b) The department shall ensure that a medical cannabis card the department issues
1614 under this section contains the information described in Subsection (3)(a)(iii).
1615 (c) (i) If a qualified medical provider determines that, because of age, illness, or
1616 disability, a medical cannabis patient cardholder requires assistance in administering the
1617 medical cannabis treatment that the qualified medical provider recommends, the qualified
1618 medical provider may indicate the cardholder's need in the state electronic verification system.
1619 (ii) If a qualified medical provider makes the indication described in Subsection
1620 (3)(c)(i):
1621 (A) the department shall add a label to the relevant medical cannabis patient card
1622 indicating the cardholder's need for assistance; and
1623 (B) any adult who is 21 years old or older and who is physically present with the
1624 cardholder at the time the cardholder needs to use the recommended medical cannabis
1625 treatment may handle the medical cannabis treatment and any associated medical cannabis
1626 device as needed to assist the cardholder in administering the recommended medical cannabis
1627 treatment, including in the event of an emergency medical condition under Subsection
1628 26-61a-204(2).
1629 (iii) A non-cardholding individual acting under Subsection (3)(c)(ii)(B) may not:
1630 (A) ingest or inhale medical cannabis;
1631 (B) possess, transport, or handle medical cannabis or a medical cannabis device outside
1632 of the immediate area where the cardholder is present or with an intent other than to provide
1633 assistance to the cardholder; or
1634 (C) possess, transport, or handle medical cannabis or a medical cannabis device when
1635 the cardholder is not in the process of being dosed with medical cannabis.
1636 (4) To recommend a medical cannabis treatment to a patient or to renew a
1637 recommendation, a qualified medical provider shall:
1638 (a) before recommending cannabis in a medicinal dosage form or a cannabis product in
1639 a medicinal dosage form:
1640 (i) verify the patient's and, for a minor patient, the minor patient's parent or legal
1641 guardian's valid form of identification described in Subsection (3)(a);
1642 (ii) review any record related to the patient and, for a minor patient, the patient's parent
1643 or legal guardian in:
1644 (A) the state electronic verification system; and
1645 (B) the controlled substance database created in Section 58-37f-201; and
1646 (iii) consider the recommendation in light of the patient's qualifying condition and
1647 history of medical cannabis and controlled substance use; and
1648 (b) state in the qualified medical provider's recommendation that the patient:
1649 (i) suffers from a qualifying condition, including the type of qualifying condition; and
1650 (ii) may benefit from treatment with cannabis in a medicinal dosage form or a cannabis
1651 product in a medicinal dosage form.
1652 (5) (a) Except as provided in Subsection (5)(b), a medical cannabis card that the
1653 department issues under this section is valid for the lesser of:
1654 (i) an amount of time that the qualified medical provider determines; or
1655 (ii) (A) for the first issuance, 30 days; or
1656 (B) for a renewal, six months.
1657 (b) (i) A medical cannabis card that the department issues in relation to a terminal
1658 illness described in Section 26-61a-104 does not expire.
1659 (ii) The recommending qualified medical provider may revoke a recommendation that
1660 the provider made in relation to a terminal illness described in Section 26-61a-104 if the
1661 medical cannabis cardholder no longer has the terminal illness.
1662 (6) (a) A medical cannabis patient card or a medical cannabis guardian card is
1663 renewable if:
1664 (i) at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) or
1665 (b); or
1666 (ii) the cardholder received the medical cannabis card through the recommendation of
1667 the compassionate use board under Section 26-61a-105.
1668 (b) A cardholder described in Subsection (6)(a) may renew the cardholder's card:
1669 (i) using the application process described in Subsection (3); or
1670 (ii) through phone or video conference with the qualified medical provider who made
1671 the recommendation underlying the card, at the qualifying medical provider's discretion.
1672 (c) A cardholder under Subsection (2)(a) or (b) who renews the cardholder's card shall
1673 pay to the department a renewal fee in an amount that:
1674 (i) subject to Subsection 26-61a-109(5), the department sets in accordance with Section
1675 63J-1-504; and
1676 (ii) may not exceed the cost of the relatively lower administrative burden of renewal in
1677 comparison to the original application process.
1678 (d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional
1679 patient card renews automatically at the time the minor's parent or legal guardian renews the
1680 parent or legal guardian's associated medical cannabis guardian card.
1681 (e) The department may revoke a medical cannabis guardian card if the cardholder
1682 under Subsection (2)(b) is convicted of a misdemeanor or felony drug distribution offense
1683 under either state or federal law.
1684 (7) (a) A cardholder under this section shall carry the cardholder's valid medical
1685 cannabis card with the patient's name.
1686 (b) (i) A medical cannabis patient cardholder or a provisional patient cardholder may
1687 purchase, in accordance with this chapter and the recommendation underlying the card,
1688 cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a
1689 medical cannabis device.
1690 (ii) A cardholder under this section may possess or transport, in accordance with this
1691 chapter and the recommendation underlying the card, cannabis in a medicinal dosage form, a
1692 cannabis product in a medicinal dosage form, or a medical cannabis device.
1693 (iii) To address the qualifying condition underlying the medical cannabis treatment
1694 recommendation:
1695 (A) a medical cannabis patient cardholder or a provisional patient cardholder may use
1696 cannabis in a medicinal dosage form, a medical cannabis product in a medicinal dosage form,
1697 or a medical cannabis device; and
1698 (B) a medical cannabis guardian cardholder may assist the associated provisional
1699 patient cardholder with the use of cannabis in a medicinal dosage form, a medical cannabis
1700 product in a medicinal dosage form, or a medical cannabis device.
1701 (c) If [
1702
1703 this section is not subject to prosecution for the possession of:
1704 (i) no more than 113 grams of marijuana in a medicinal dosage form;
1705 (ii) an amount of cannabis product in a medicinal dosage form that contains no more
1706 than 20 grams of tetrahydrocannabinol; or
1707 (iii) marijuana drug paraphernalia.
1708 (8) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
1709 Utah Administrative Rulemaking Act, a process to provide information regarding the following
1710 to an individual receiving a medical cannabis card:
1711 (a) risks associated with medical cannabis treatment;
1712 (b) the fact that a condition's listing as a qualifying condition does not suggest that
1713 medical cannabis treatment is an effective treatment or cure for that condition, as described in
1714 Subsection 26-61a-104(1); and
1715 (c) other relevant warnings and safety information that the department determines.
1716 (9) The department may establish procedures by rule, in accordance with Title 63G,
1717 Chapter 3, Utah Administrative Rulemaking Act, to implement the application and issuance
1718 provisions of this section.
1719 (10) (a) A person may submit[
1720 research study using medical cannabis cardholder data that the state electronic verification
1721 system contains.
1722 (b) The department shall review a request described in Subsection (10)(a) to determine
1723 whether an institutional review board, as that term is defined in Section 26-61-102, could
1724 approve the [
1725 (c) [
1726
1727 department shall notify [
1728 (i) of how the individual's information will be used as a cardholder [
1729 (ii) that by applying for a medical cannabis card, unless the individual withdraws
1730 consent under Subsection (10)(d), the individual consents to the use of the individual's
1731 information for external research; and
1732 (iii) that the individual may withdraw consent for the use of the individual's
1733 information for external research at any time, including at the time of application.
1734 (d) An applicant may, through the medical cannabis card application, and a medical
1735 cannabis cardholder may, through the state central patient portal, withdraw the applicant's or
1736 cardholder's consent to participate in [
1737 [
1738 Subsection (10), information about a cardholder under this section who consents to participate
1739 under Subsection (10)(c).
1740 (f) If an individual withdraws consent under Subsection (10)(d), the withdrawal of
1741 consent:
1742 (i) applies to external research that is initiated after the withdrawal of consent; and
1743 (ii) does not apply to research that was initiated before the withdrawal of consent.
1744 [
1745 validity, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1746 Rulemaking Act.
1747 Section 27. Section 26-61a-202 is amended to read:
1748 26-61a-202. Medical cannabis caregiver card -- Registration -- Renewal --
1749 Revocation.
1750 (1) A cardholder described in Section 26-61a-201 may designate, through the state
1751 central patient portal, up to two individuals to serve as a designated caregiver for the
1752 cardholder if a qualified medical provider notates in the electronic verification system that the
1753 provider determines that, due to physical difficulty or undue hardship, including concerns of
1754 distance to a medical cannabis pharmacy, the cardholder needs assistance to obtain the medical
1755 cannabis treatment that the qualified medical provider recommends.
1756 (2) An individual that the department registers as a designated caregiver under this
1757 section:
1758 (a) may carry a valid medical cannabis caregiver card;
1759 (b) in accordance with this chapter, may purchase, possess, transport, or assist the
1760 patient in the use of cannabis in a medicinal dosage form, a cannabis product in a medicinal
1761 dosage form, or a medical cannabis device on behalf of the designating medical cannabis
1762 cardholder;
1763 (c) may not charge a fee to an individual to act as the individual's designated caregiver
1764 or for a service that the designated caregiver provides in relation to the role as a designated
1765 caregiver;
1766 (d) may accept reimbursement from the designating medical cannabis cardholder for
1767 direct costs the designated caregiver incurs for assisting with the designating cardholder's
1768 medicinal use of cannabis; and
1769 (e) if [
1770
1771 prosecution for the possession of:
1772 (i) no more than 113 grams of marijuana in a medicinal dosage form;
1773 (ii) an amount of cannabis product in a medicinal dosage form that contains no more
1774 than 20 grams of tetrahydrocannabinol; or
1775 (iii) marijuana drug paraphernalia.
1776 (3) (a) The department shall:
1777 (i) within 15 days after the day on which an individual submits an application in
1778 compliance with this section, issue a medical cannabis card to the applicant if the applicant:
1779 (A) is designated as a caregiver under Subsection (1);
1780 (B) is eligible for a medical cannabis caregiver card under Subsection (4); and
1781 (C) complies with this section; and
1782 (ii) notify the Department of Public Safety of each individual that the department
1783 registers as a designated caregiver.
1784 (b) The department shall ensure that a medical cannabis caregiver card contains the
1785 information described in Subsection (5)(b).
1786 (4) An individual is eligible for a medical cannabis caregiver card if the individual:
1787 (a) is at least 21 years old;
1788 (b) is a Utah resident;
1789 (c) pays to the department a fee in an amount that, subject to Subsection
1790 26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the
1791 criminal background check described in Section 26-61a-203;
1792 (d) signs an acknowledgment stating that the applicant received the information
1793 described in Subsection 26-61a-201(8); and
1794 (e) has not been convicted of a misdemeanor or felony drug distribution offense that is
1795 a felony under either state or federal law, unless the individual completes any imposed sentence
1796 two or more years before the day on which the individual submits the application.
1797 (5) An eligible applicant for a medical cannabis caregiver card shall:
1798 (a) submit an application for a medical cannabis caregiver card to the department
1799 through an electronic application connected to the state electronic verification system; and
1800 (b) submit the following information in the application described in Subsection (5)(a):
1801 (i) the applicant's name, gender, age, and address;
1802 (ii) the name, gender, age, and address of the cardholder described in Section
1803 26-61a-201 who designated the applicant; and
1804 (iii) if a medical cannabis guardian cardholder designated the caregiver, the name,
1805 gender, and age of the minor receiving a medical cannabis treatment in relation to the medical
1806 cannabis guardian cardholder.
1807 (6) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the
1808 department issues under this section is valid for the lesser of:
1809 (a) an amount of time that the cardholder described in Section 26-61a-201 who
1810 designated the caregiver determines; or
1811 (b) the amount of time remaining before the card of the cardholder described in Section
1812 26-61a-201 expires.
1813 (7) (a) If a designated caregiver meets the requirements of Subsection (4), the
1814 designated caregiver's medical cannabis caregiver card renews automatically at the time the
1815 cardholder described in Section 26-61a-201 who designated the caregiver:
1816 (i) renews the cardholder's card; and
1817 (ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
1818 (b) The department shall provide a method in the card renewal process to allow a
1819 cardholder described in Section 26-61a-201 who has designated a caregiver to:
1820 (i) signify that the cardholder renews the caregiver's designation;
1821 (ii) remove a caregiver's designation; or
1822 (iii) designate a new caregiver.
1823 (8) The department may revoke a medical cannabis caregiver card if the designated
1824 caregiver:
1825 (a) violates this chapter; or
1826 (b) is convicted under state or federal law of:
1827 (i) a felony; or
1828 (ii) after December 3, 2018, a misdemeanor for drug distribution.
1829 Section 28. Section 26-61a-203 is amended to read:
1830 26-61a-203. Designated caregiver -- Guardian -- Criminal background check.
1831 (1) [
1832 than one year after the expiration of the applicant's previous medical cannabis card, each
1833 applicant for a medical cannabis guardian card under Section 26-61a-201 or a medical cannabis
1834 caregiver card under Section 26-61a-202 shall:
1835 (a) submit to the department, at the time of application:
1836 (i) a fingerprint card in a form acceptable to the Department of Public Safety; and
1837 (ii) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
1838 registration of the applicant's fingerprints in the Federal Bureau of Investigation Next
1839 Generation Identification System's Rap Back Service; and
1840 (b) consent to a fingerprint background check by:
1841 (i) the Bureau of Criminal Identification; and
1842 (ii) the Federal Bureau of Investigation.
1843 (2) The Bureau of Criminal Identification shall:
1844 (a) check the fingerprints the applicant submits under Subsection (1)(a) against the
1845 applicable state, regional, and national criminal records databases, including the Federal
1846 Bureau of Investigation Next Generation Identification System;
1847 (b) report the results of the background check to the department;
1848 (c) maintain a separate file of fingerprints that applicants submit under Subsection
1849 (1)(a) for search by future submissions to the local and regional criminal records databases,
1850 including latent prints;
1851 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1852 Generation Identification System's Rap Back Service for search by future submissions to
1853 national criminal records databases, including the Next Generation Identification System and
1854 latent prints; and
1855 (e) establish a privacy risk mitigation strategy to ensure that the department only
1856 receives notifications for an individual with whom the department maintains an authorizing
1857 relationship.
1858 (3) The department shall:
1859 (a) assess an applicant who submits fingerprints under Subsection (1)(a) a fee in an
1860 amount that the department sets in accordance with Section 63J-1-504 for the services that the
1861 Bureau of Criminal Identification or another authorized agency provides under this section; and
1862 (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
1863 Identification.
1864 Section 29. Section 26-61a-204 is amended to read:
1865 26-61a-204. Medical cannabis card -- Patient and designated caregiver
1866 requirements -- Rebuttable presumption.
1867 (1) (a) A medical cannabis cardholder who possesses cannabis in a medicinal dosage
1868 form or a cannabis product in a medicinal dosage form that the cardholder purchased under this
1869 chapter shall:
1870 (i) carry at all times the cardholder's medical cannabis card;
1871 (ii) carry, with the cannabis in a medicinal dosage form or cannabis product in a
1872 medicinal dosage form, a label that identifies that the cannabis or cannabis product:
1873 (A) was sold from a licensed medical cannabis pharmacy [
1874
1875 (B) includes an identification number that links the cannabis or cannabis product to the
1876 inventory control system; and
1877 (iii) possess not more than:
1878 (A) 113 grams of unprocessed cannabis; or
1879 (B) an amount of cannabis product that contains 20 grams of total composite
1880 tetrahydrocannabinol.
1881 (b) A medical cannabis cardholder who possesses cannabis in a medicinal dosage form
1882 or a cannabis product in a medicinal dosage form in violation of Subsection (1)(a) is:
1883 (i) guilty of an infraction; and
1884 (ii) subject to a $100 fine.
1885 (c) A medical cannabis cardholder who possesses between 113 and 226 grams of
1886 unprocessed cannabis or a total amount of cannabis product that contains between 20 and 40
1887 grams of total composite tetrahydrocannabinol is:
1888 (i) guilty of a class B misdemeanor; and
1889 (ii) subject to a fine of $1,000.
1890 (d) An individual who is guilty of a violation described in Subsection (1)(b) or (c) is
1891 not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
1892 conduct underlying the penalty described in Subsection (1)(b) or (c).
1893 (e) A medical cannabis cardholder who possesses more than 226 grams of unprocessed
1894 cannabis or a total amount of cannabis product that contains more than 40 grams of total
1895 composite tetrahydrocannabinol is subject to the penalties described in Title 58, Chapter 37,
1896 Utah Controlled Substances Act.
1897 (2) (a) As used in this Subsection (2), "emergency medical condition" means the same
1898 as that term is defined in Section 31A-22-627.
1899 (b) Except as described in Subsection (2)(c), a medical cannabis patient cardholder or a
1900 provisional patient cardholder may not use, in public view, cannabis or a cannabis product.
1901 (c) In the event of an emergency medical condition, an individual described in
1902 Subsection (2)(b) may use, and the holder of a medical cannabis guardian card or a medical
1903 cannabis caregiver card may administer to the cardholder's charge, in public view, cannabis in a
1904 medicinal dosage form or a cannabis product in a medicinal dosage form.
1905 (3) If a medical cannabis cardholder carrying the cardholder's card possesses cannabis
1906 in a medicinal dosage form or a cannabis product in compliance with Subsection (1), or a
1907 medical cannabis device that corresponds with the cannabis or cannabis product:
1908 (a) there is a rebuttable presumption that the cardholder possesses the cannabis,
1909 cannabis product, or medical cannabis device legally; and
1910 (b) there is no probable cause, based solely on the cardholder's possession of the
1911 cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical
1912 cannabis device, to believe that the cardholder is engaging in illegal activity.
1913 (4) (a) If a law enforcement officer stops an individual who possesses cannabis in a
1914 medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis
1915 device, and the individual represents to the law enforcement officer that the individual holds a
1916 valid medical cannabis card, but the individual does not have the medical cannabis card in the
1917 individual's possession at the time of the stop by the law enforcement officer, the law
1918 enforcement officer shall attempt to access the state electronic verification system to determine
1919 whether the individual holds a valid medical cannabis card.
1920 (b) If the law enforcement officer is able to verify that the individual described in
1921 Subsection (4)(a) is a valid medical cannabis cardholder, the law enforcement officer:
1922 (i) may not arrest or take the individual into custody for the sole reason that the
1923 individual is in possession of cannabis in a medicinal dosage form, a cannabis product in a
1924 medicinal dosage form, or a medical cannabis device; and
1925 (ii) may not seize the cannabis, cannabis product, or medical cannabis device.
1926 Section 30. Section 26-61a-301 is amended to read:
1927 26-61a-301. Medical cannabis pharmacy -- License -- Eligibility.
1928 (1) A person may not operate as a medical cannabis pharmacy without a license that
1929 the department issues under this part.
1930 (2) (a) (i) Subject to Subsections (4) and (5) and to Section 26-61a-305, the department
1931 shall[
1932 Chapter 6a, Utah Procurement Code[
1933 (ii) The department may not issue a license to operate a medical cannabis pharmacy to
1934 an applicant who is not eligible for a license under this section.
1935 (b) An applicant is eligible for a license under this section if the applicant submits to
1936 the department:
1937 (i) subject to Subsection (2)(c), a proposed name and address where the applicant will
1938 operate the medical cannabis pharmacy;
1939 (ii) the name and address of an individual who:
1940 (A) has a financial or voting interest of 2% or greater in the proposed medical cannabis
1941 pharmacy; or
1942 (B) has the power to direct or cause the management or control of a proposed cannabis
1943 production establishment;
1944 (iii) [
1945 maintain a performance bond that a surety authorized to transact surety business in the state
1946 issues in an amount of at least $125,000 for each application that the applicant submits to the
1947 department;
1948 (iv) an operating plan that:
1949 (A) complies with Section 26-61a-304; [
1950 (B) includes operating procedures to comply with the operating requirements for a
1951 medical cannabis pharmacy described in this chapter and with a relevant municipal or county
1952 law that is consistent with Section 26-61a-507; and
1953 (C) the department approves;
1954 [
1955
1956
1957 [
1958 department sets in accordance with Section 63J-1-504[
1959 (vi) a description of any investigation or adverse action taken by any licensing
1960 jurisdiction, government agency, law enforcement agency, or court in any state for any
1961 violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
1962 or businesses.
1963 (c) (i) A person may not locate a medical cannabis pharmacy:
1964 (A) within 200 feet of a community location; or
1965 (B) in or within 600 feet of [
1966 has zoned as primarily residential.
1967 (ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
1968 from the nearest entrance to the medical cannabis pharmacy establishment by following the
1969 shortest route of ordinary pedestrian travel to the property boundary of the community location
1970 or residential area.
1971 (iii) The department may grant a waiver to reduce the proximity requirements in
1972 Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible
1973 for the applicant to site the proposed medical cannabis pharmacy without the waiver.
1974 [
1975 compliance with the proximity [
1976 [
1977
1978 (d) The department may not issue a license to an eligible applicant that the department
1979 has selected to receive a license until the selected eligible applicant obtains the performance
1980 bond described in Subsection (2)(b)(iii).
1981 (e) If the department receives more than one application for a medical cannabis
1982 pharmacy within the same city or town, the department shall consult with the local land use
1983 authority before approving any of the applications pertaining to that city or town.
1984 (3) If the department [
1985 cannabis pharmacy license under this section, the department shall:
1986 (a) charge the applicant an initial license fee in an amount that, subject to Subsection
1987 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
1988 (b) notify the Department of Public Safety of the license approval and the names of
1989 each individual described in Subsection (2)(b)(ii).
1990 (4) The department may not issue a license to operate a medical cannabis pharmacy to
1991 an applicant if an individual described in Subsection (2)(b)(ii):
1992 (a) has been convicted under state or federal law of:
1993 (i) a felony; or
1994 (ii) after December 3, 2018, a misdemeanor for drug distribution; [
1995 (b) is younger than 21 years old[
1996 (c) after the effective date of this bill until January 1, 2023, is actively serving as a
1997 legislator.
1998 (5) If an applicant for a medical cannabis pharmacy license under this section holds a
1999 license under Title 4, Chapter 41, Hemp and Cannabinoid Act, or Title 4, Chapter 41a,
2000 Cannabis Production Establishments, the department:
2001 (a) shall consult with the Department of Agriculture and Food regarding the applicant;
2002 and
2003 (b) may not give preference to the applicant based on the applicant's status as a holder
2004 of a license described in this Subsection (5).
2005 (6) The department may revoke a license under this part if:
2006 (a) the medical cannabis pharmacy does not begin operations within one year after the
2007 day on which the department issues the initial license;
2008 (b) the medical cannabis pharmacy makes the same violation of this chapter three
2009 times; [
2010 (c) an individual described in Subsection (2)(b)(ii) is convicted, while the license is
2011 active, under state or federal law of:
2012 (i) a felony; or
2013 (ii) after December 3, 2018, a misdemeanor for drug distribution[
2014 (d) the licensee fails to provide the information described in Subsection (2)(b)(vi) at
2015 the time of application, or fails to supplement the information described in Subsection
2016 (2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
2017 application.
2018 (7) (a) A person who receives a medical cannabis pharmacy license under this chapter,
2019 if the municipality or county where the licensed medical cannabis pharmacy will be located
2020 requires a local land use permit, shall submit to the department a copy of the licensee's
2021 approved application for the land use permit within 120 days after the day on which the
2022 department issues the license.
2023 (b) If a licensee fails to submit to the department a copy the licensee's approved land
2024 use permit application in accordance with Subsection (7)(a), the department may revoke the
2025 licensee's license.
2026 [
2027 the Qualified Patient Enterprise Fund.
2028 [
2029 March 1, 2020.
2030 [
2031 and is not subject to review.
2032 (b) Notwithstanding Subsection (2), the decision of the department to award a license
2033 to an applicant is not subject to:
2034 (i) Title 63G, Chapter 6a, Part 16, Protests; or
2035 (ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
2036 Section 31. Section 26-61a-302 is amended to read:
2037 26-61a-302. Medical cannabis pharmacy owners and directors -- Criminal
2038 background checks.
2039 (1) Each applicant [
2040 license to operate as a medical cannabis pharmacy shall submit, [
2041 before the department may award the license, from each individual who has a financial or
2042 voting interest of 2% or greater in the applicant or who has the power to direct or cause the
2043 management or control of the applicant:
2044 (a) a fingerprint card in a form acceptable to the Department of Public Safety;
2045 (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2046 registration of the individual's fingerprints in the Federal Bureau of Investigation Next
2047 Generation Identification System's Rap Back Service; and
2048 (c) consent to a fingerprint background check by:
2049 (i) the Bureau of Criminal Identification; and
2050 (ii) the Federal Bureau of Investigation.
2051 (2) The Bureau of Criminal Identification shall:
2052 (a) check the fingerprints the applicant submits under Subsection (1) against the
2053 applicable state, regional, and national criminal records databases, including the Federal
2054 Bureau of Investigation Next Generation Identification System;
2055 (b) report the results of the background check to the department;
2056 (c) maintain a separate file of fingerprints that applicants submit under Subsection (1)
2057 for search by future submissions to the local and regional criminal records databases, including
2058 latent prints;
2059 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2060 Generation Identification System's Rap Back Service for search by future submissions to
2061 national criminal records databases, including the Next Generation Identification System and
2062 latent prints; and
2063 (e) establish a privacy risk mitigation strategy to ensure that the department only
2064 receives notifications for an individual with whom the department maintains an authorizing
2065 relationship.
2066 (3) The department shall:
2067 (a) assess an individual who submits fingerprints under Subsection (1) a fee in an
2068 amount that the department sets in accordance with Section 63J-1-504 for the services that the
2069 Bureau of Criminal Identification or another authorized agency provides under this section; and
2070 (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
2071 Identification.
2072 Section 32. Section 26-61a-304 is amended to read:
2073 26-61a-304. Operating plan.
2074 A person applying for a medical cannabis pharmacy license shall submit to the
2075 department a proposed operation plan for the medical cannabis pharmacy that complies with
2076 this section and that includes:
2077 (1) a description of the physical characteristics of the proposed facility, including a
2078 floor plan and an architectural elevation;
2079 (2) a description of the credentials and experience of:
2080 (a) each officer, director, or owner of the proposed medical cannabis pharmacy; and
2081 (b) any highly skilled or experienced prospective employee;
2082 (3) the medical cannabis pharmacy's employee training standards;
2083 (4) a security plan;
2084 (5) a description of the medical cannabis pharmacy's inventory control system,
2085 including a plan to make the inventory control system compatible with the state electronic
2086 verification system; [
2087 (6) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
2088 manner that is sanitary and preserves the integrity of the cannabis[
2089 (7) a description of the proposed medical cannabis pharmacy's strategic plan for
2090 opening the medical cannabis pharmacy, including gauging appropriate timing based on:
2091 (a) the supply of medical cannabis and medical cannabis products, in consultation with
2092 the Department of Agriculture and Food; and
2093 (b) the quantity and condition of the population of medical cannabis cardholders, in
2094 consultation with the department.
2095 Section 33. Section 26-61a-305 is amended to read:
2096 26-61a-305. Maximum number of licenses -- Home delivery medical cannabis
2097 pharmacies.
2098 (1) (a) Except as provided in [
2099 number of applicants apply, the department [
2100 cannabis pharmacy licenses in accordance with this section.
2101 [
2102
2103 [
2104 [
2105 [
2106
2107 [
2108 [
2109 [
2110
2111 [
2112 [
2113 [
2114
2115
2116 (b) If fewer than 14 qualified applicants apply for a medical cannabis pharmacy
2117 license, the department shall issue a medical cannabis pharmacy license to each qualified
2118 applicant.
2119 (c) The department may issue the licenses described in Subsection (1)(a) in two phases
2120 in accordance with this Subsection (1)(c).
2121 (i) Using one procurement process, the department may issue eight licenses to an initial
2122 group of medical cannabis pharmacies and six licenses to a second group of medical cannabis
2123 pharmacies.
2124 (ii) If the department issues licenses in two phases in accordance with this Subsection
2125 (1)(c), the department shall:
2126 (A) divide the state into no less than four geographic regions;
2127 (B) issue at least one license in each geographic region during each phase of issuing
2128 licenses; and
2129 (C) complete the process of issuing medical cannabis pharmacy licenses no later than
2130 July 1, 2020.
2131 (d) (i) The department may issue licenses to operate a medical cannabis pharmacy in
2132 addition to the licenses described in Subsection (1)(a) if the department determines, in
2133 consultation with the Department of Agriculture and Food and after an annual or more frequent
2134 analysis of the current and anticipated market for medical cannabis, that each additional license
2135 is necessary to provide an adequate supply, quality, or variety of medical cannabis to medical
2136 cannabis cardholders.
2137 (ii) The department shall:
2138 (A) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2139 make rules to establish criteria and processes for the consultation, analysis, and application for
2140 a license described in Subsection (1)(d)(i);
2141 (B) before November 30, 2020, report on the rules described in Subsection
2142 (1)(d)(ii)(A) to the Executive Appropriations Committee of the Legislature; and
2143 (C) report to the Executive Appropriations Committee of the Legislature before each
2144 time the department issues an additional license under Subsection (1)(d)(i) regarding the results
2145 of the consultation and analysis described in Subsection (1)(d)(i) and the application of the
2146 criteria described in Subsection (1)(d)(ii)(A) to the intended licensee.
2147 (2) (a) If there are more qualified applicants than there are available licenses for
2148 medical cannabis pharmacies, the department shall:
2149 [
2150 demonstrates:
2151 [
2152 involves complying with a regulatory environment, tracking inventory, and training, evaluating,
2153 and monitoring employees;
2154 [
2155 the community;
2156 [
2157 [
2158 qualifying patients; [
2159 [
2160 products for patients; and
2161 (F) a strategic plan described in Subsection 26-61a-304(7) that has a comparatively
2162 high likelihood of success; and
2163 [
2164 maximize access to the largest number of medical cannabis cardholders.
2165 (b) In making the evaluation described in Subsection (2)(a), the department may give
2166 increased consideration to applicants who indicate a willingness to:
2167 (i) operate as a home delivery medical cannabis pharmacy that accepts electronic
2168 medical cannabis orders that the state central patient portal facilitates; and
2169 (ii) accept payments through:
2170 (A) a payment provider that the Division of Finance approves, in consultation with the
2171 state treasurer, in accordance with Section 26-61a-603; or
2172 (B) a financial institution in accordance with Subsection 26-61a-603(4).
2173 (3) The department may conduct a face-to-face interview with an applicant for a
2174 license that the department evaluates under Subsection (2).
2175 (4) (a) The department may designate a medical cannabis pharmacy as a home delivery
2176 medical cannabis pharmacy if the department determines that the medical cannabis pharmacy's
2177 operating plan demonstrates the functional and technical ability to:
2178 (i) safely conduct transactions for medical cannabis shipments;
2179 (ii) accept electronic medical cannabis orders that the state central patient portal
2180 facilitates; and
2181 (iii) accept payments through:
2182 (A) a payment provider that the Division of Finance approves, in consultation with the
2183 state treasurer, in accordance with Section 26-61a-603; or
2184 (B) a financial institution in accordance with Subsection 26-61a-603(4).
2185 (b) An applicant seeking a designation as a home delivery medical cannabis pharmacy
2186 shall identify in the applicant's operating plan any information relevant to the department's
2187 evaluation described in Subsection (4)(a), including:
2188 (i) the name and contact information of the payment provider;
2189 (ii) the nature of the relationship between the prospective licensee and the payment
2190 provider;
2191 (iii) the processes of the following to safely and reliably conduct transactions for
2192 medical cannabis shipments:
2193 (A) the prospective licensee; and
2194 (B) the electronic payment provider or the financial institution described in Subsection
2195 (4)(a)(iii); and
2196 (iv) the ability of the licensee to comply with the department's rules regarding the
2197 secure transportation and delivery of medical cannabis or medical cannabis product to a
2198 medical cannabis cardholder.
2199 (c) Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy
2200 that the department designates as a home delivery medical cannabis pharmacy may deliver
2201 medical cannabis shipments in accordance with this chapter.
2202 Section 34. Section 26-61a-401 is amended to read:
2203 26-61a-401. Medical cannabis pharmacy agent -- Registration.
2204 (1) An individual may not serve as a medical cannabis pharmacy agent of a medical
2205 cannabis pharmacy unless the department registers the individual as a medical cannabis
2206 pharmacy agent.
2207 (2) Except as provided in Section 26-61a-403, [
2208
2209 pharmacy agent, have a financial or voting interest of 2% or greater in a medical cannabis
2210 pharmacy, or have the power to direct or cause the management or control of a medical
2211 cannabis pharmacy[
2212 [
2213
2214 [
2215
2216 [
2217
2218 (3) (a) The department shall, within 15 days after the day on which the department
2219 receives a complete application from a medical cannabis pharmacy on behalf of a prospective
2220 medical cannabis pharmacy agent, register and issue a medical cannabis pharmacy agent
2221 registration card to the prospective agent if the medical cannabis pharmacy:
2222 (i) provides to the department:
2223 (A) the prospective agent's name and address;
2224 (B) the name and location of the licensed medical cannabis pharmacy where the
2225 prospective agent seeks to act as the medical cannabis pharmacy agent; and
2226 (C) the submission required under Subsection (3)(b); and
2227 (ii) pays a fee to the department in an amount that, subject to Subsection
2228 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
2229 (b) [
2230 registration card within less than one year after the expiration of the applicant's previous
2231 medical cannabis pharmacy agent registration card, each prospective agent described in
2232 Subsection (3)(a) shall:
2233 (i) submit to the department:
2234 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
2235 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2236 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
2237 Generation Identification System's Rap Back Service; and
2238 (ii) consent to a fingerprint background check by:
2239 (A) the Bureau of Criminal Identification; and
2240 (B) the Federal Bureau of Investigation.
2241 (c) The Bureau of Criminal Identification shall:
2242 (i) check the fingerprints the prospective agent submits under Subsection (3)(b) against
2243 the applicable state, regional, and national criminal records databases, including the Federal
2244 Bureau of Investigation Next Generation Identification System;
2245 (ii) report the results of the background check to the department;
2246 (iii) maintain a separate file of fingerprints that prospective agents submit under
2247 Subsection (3)(b) for search by future submissions to the local and regional criminal records
2248 databases, including latent prints;
2249 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2250 Generation Identification System's Rap Back Service for search by future submissions to
2251 national criminal records databases, including the Next Generation Identification System and
2252 latent prints; and
2253 (v) establish a privacy risk mitigation strategy to ensure that the department only
2254 receives notifications for an individual with whom the department maintains an authorizing
2255 relationship.
2256 (d) The department shall:
2257 (i) assess an individual who submits fingerprints under Subsection (3)(b) a fee in an
2258 amount that the department sets in accordance with Section 63J-1-504 for the services that the
2259 Bureau of Criminal Identification or another authorized agency provides under this section; and
2260 (ii) remit the fee described in Subsection (3)(d)(i) to the Bureau of Criminal
2261 Identification.
2262 (4) The department shall designate, on an individual's medical cannabis pharmacy
2263 agent registration card the name of the medical cannabis pharmacy where the individual is
2264 registered as an agent.
2265 (5) A medical cannabis pharmacy agent shall comply with a certification standard that
2266 the department develops in collaboration with the Division of Occupational and Professional
2267 Licensing and the Board of Pharmacy, or a third-party certification standard that the department
2268 designates by rule, in collaboration with the Division of Occupational and Professional
2269 Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
2270 Administrative Rulemaking Act.
2271 (6) The department shall ensure that the certification standard described in Subsection
2272 (5) includes training in:
2273 (a) Utah medical cannabis law; and
2274 (b) medical cannabis pharmacy best practices.
2275 (7) The department may revoke the medical cannabis pharmacy agent registration card
2276 of, or refuse to issue a medical cannabis pharmacy agent registration card to, an individual
2277 who:
2278 (a) violates the requirements of this chapter; or
2279 (b) is convicted under state or federal law of:
2280 (i) a felony; or
2281 (ii) after December 3, 2018, a misdemeanor for drug distribution.
2282 (8) (a) A medical cannabis pharmacy agent registration card expires two years after the
2283 day on which the department issues or renews the card.
2284 (b) A medical cannabis pharmacy agent may renew the agent's registration card if the
2285 agent:
2286 (i) is eligible for a medical cannabis pharmacy agent registration card under this
2287 section;
2288 (ii) certifies to the department in a renewal application that the information in
2289 Subsection (3)(a) is accurate or updates the information; and
2290 (iii) pays to the department a renewal fee in an amount that:
2291 (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
2292 Section 63J-1-504; and
2293 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
2294 comparison to the original application process.
2295 Section 35. Section 26-61a-403 is amended to read:
2296 26-61a-403. Pharmacy medical providers -- Registration -- Continuing education.
2297 (1) (a) A medical cannabis pharmacy:
2298 (i) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
2299 Practice Act, as a pharmacy medical provider;
2300 (ii) may employ a physician who has the authority to write a prescription and is
2301 licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
2302 Osteopathic Medical Practice Act, as a pharmacy medical provider;
2303 (iii) shall ensure that a pharmacy medical provider described in Subsection (1)(a)(i)
2304 works onsite during all business hours; and
2305 (iv) shall designate one pharmacy medical provider described in Subsection (1)(a)(i) as
2306 the pharmacist-in-charge to oversee the operation of and generally supervise the medical
2307 cannabis pharmacy.
2308 (b) An individual may not serve as a pharmacy medical provider unless the department
2309 registers the individual as a pharmacy medical provider in accordance with Subsection (2).
2310 (2) (a) The department shall, within 15 days after the day on which the department
2311 receives an application from a medical cannabis pharmacy on behalf of a prospective pharmacy
2312 medical provider, register and issue a pharmacy medical provider registration card to the
2313 prospective pharmacy medical provider if the medical cannabis pharmacy:
2314 (i) provides to the department:
2315 (A) the prospective pharmacy medical provider's name and address;
2316 (B) the name and location of the licensed medical cannabis pharmacy where the
2317 prospective pharmacy medical provider seeks to act as a pharmacy medical provider;
2318 (C) a report detailing the completion of the continuing education requirement described
2319 in Subsection (3); and
2320 (D) evidence that the prospective pharmacy medical provider is a pharmacist who is
2321 licensed under Title 58, Chapter 17b, Pharmacy Practice Act, or a physician who has the
2322 authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical
2323 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
2324 (ii) pays a fee to the department in an amount that, subject to Subsection
2325 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
2326 (b) The department may not register a qualified medical provider or a state central [
2327 patient portal medical provider as a pharmacy medical provider.
2328 (3) (a) A pharmacy medical provider shall complete the continuing education described
2329 in this Subsection (3) in the following amounts:
2330 (i) as a condition precedent to registration, four hours; and
2331 (ii) as a condition precedent to renewal of the registration, four hours every two years.
2332 (b) In accordance with Subsection (3)(a), the pharmacy medical provider shall:
2333 (i) complete continuing education:
2334 (A) regarding the topics described in Subsection (3)(d); and
2335 (B) offered by the department under Subsection (3)(c) or an accredited or approved
2336 continuing education provider that the department recognizes as offering continuing education
2337 appropriate for the medical cannabis pharmacy practice; and
2338 (ii) make a continuing education report to the department in accordance with a process
2339 that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
2340 Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
2341 Professional Licensing and:
2342 (A) for a pharmacy medical provider who is licensed under Title 58, Chapter 17b,
2343 Pharmacy Practice Act, the Board of Pharmacy;
2344 (B) for a pharmacy medical provider licensed under Title 58, Chapter 67, Utah Medical
2345 Practice Act, the Physicians Licensing Board; and
2346 (C) for a pharmacy medical provider licensed under Title 58, Chapter 68, Utah
2347 Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
2348 (c) The department may, in consultation with the Division of Occupational and
2349 Professional Licensing, develop the continuing education described in this Subsection (3).
2350 (d) The continuing education described in this Subsection (3) may discuss:
2351 (i) the provisions of this chapter;
2352 (ii) general information about medical cannabis under federal and state law;
2353 (iii) the latest scientific research on the endocannabinoid system and medical cannabis,
2354 including risks and benefits;
2355 (iv) recommendations for medical cannabis as it relates to the continuing care of a
2356 patient in pain management, risk management, potential addiction, and palliative care; or
2357 (v) best practices for recommending the form and dosage of a medical cannabis
2358 product based on the qualifying condition underlying a medical cannabis recommendation.
2359 (4) (a) A pharmacy medical provider registration card expires two years after the day
2360 on which the department issues or renews the card.
2361 (b) A pharmacy medical provider may renew the provider's registration card if the
2362 provider:
2363 (i) is eligible for a pharmacy medical provider registration card under this section;
2364 (ii) certifies to the department in a renewal application that the information in
2365 Subsection (2)(a) is accurate or updates the information;
2366 (iii) submits a report detailing the completion of the continuing education requirement
2367 described in Subsection (3); and
2368 (iv) pays to the department a renewal fee in an amount that:
2369 (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
2370 Section 63J-1-504; and
2371 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
2372 comparison to the original application process.
2373 Section 36. Section 26-61a-502 is amended to read:
2374 26-61a-502. Dispensing -- Amount a medical cannabis pharmacy may dispense --
2375 Reporting -- Form of cannabis or cannabis product.
2376 (1) (a) A medical cannabis pharmacy may not sell a product other than, subject to this
2377 chapter:
2378 (i) cannabis in a medicinal dosage form that the medical cannabis pharmacy acquired
2379 from a cannabis processing facility that is licensed under Section 4-41a-201;
2380 (ii) a cannabis product in a medicinal dosage form that the medical cannabis pharmacy
2381 acquired from a cannabis processing facility that is licensed under Section 4-41a-201;
2382 (iii) a medical cannabis device; or
2383 (iv) educational material related to the medical use of cannabis.
2384 (b) A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to
2385 an individual with:
2386 (i) a medical cannabis card; and
2387 (ii) a corresponding valid form of photo identification [
2388
2389
2390 (c) Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a
2391 cannabis-based drug that the United States Food and Drug Administration has approved.
2392 (2) A medical cannabis pharmacy may not dispense:
2393 (a) to a medical cannabis cardholder in any one [
2394 lesser of:
2395 [
2396
2397 [
2398
2399
2400 [
2401
2402 [
2403
2404
2405 (i) an amount sufficient to provide 30 days of treatment based on the dosing parameters
2406 that the relevant qualified medical provider recommends; or
2407 (ii) (A) 113 grams by weight of unprocessed cannabis that is in a medicinal dosage
2408 form and that carries a label clearly displaying the amount of tetrahydrocannabinol and
2409 cannabidiol in the cannabis; or
2410 (B) an amount of cannabis products that is in a medicinal dosage form and that
2411 contains, in total, greater than 20 grams of total composite tetrahydrocannabinol; or
2412 [
2413 parameters, until the individual consults with the pharmacy medical provider in accordance
2414 with Subsection (4), any cannabis or cannabis products.
2415 (3) An individual with a medical cannabis card may not purchase:
2416 (a) more cannabis or cannabis products than the amounts designated in Subsection (2)
2417 in any one [
2418 (b) if the relevant qualified medical provider did not recommend dosing parameters,
2419 until the individual consults with the pharmacy medical provider in accordance with
2420 Subsection (4), any cannabis or cannabis products.
2421 (4) If a qualified medical provider recommends treatment with medical cannabis or a
2422 cannabis product but does not provide dosing parameters:
2423 (a) the qualified medical provider shall document in the recommendation:
2424 (i) an evaluation of the qualifying condition underlying the recommendation;
2425 (ii) prior treatment attempts with cannabis and cannabis products; and
2426 (iii) the patient's current medication list; and
2427 (b) before the relevant medical cannabis cardholder may obtain cannabis in a medicinal
2428 dosage form or a cannabis product in a medicinal dosage form, the pharmacy medical provider
2429 shall:
2430 (i) review pertinent medical records, including the qualified medical provider
2431 documentation described in Subsection (4)(a); and
2432 (ii) unless the pertinent medical records show dosing parameters from a state central
2433 patient portal medical provider in accordance with Subsection (5), after completing the review
2434 described in Subsection (4)(b)(i) and consulting with the recommending qualified medical
2435 provider as needed, determine the best course of treatment through consultation with the
2436 cardholder regarding:
2437 (A) the patient's qualifying condition underlying the recommendation from the
2438 qualified medical provider;
2439 (B) indications for available treatments;
2440 (C) dosing parameters; and
2441 (D) potential adverse reactions.
2442 (5) (a) A state central patient portal medical provider may provide the consultation and
2443 make the determination described in Subsection (4)(b) for a medical cannabis patient
2444 cardholder regarding an electronic order that the state central patient portal facilitates.
2445 (b) The state central patient portal medical provider described in Subsection (5)(a)
2446 shall document the dosing parameters determined under Subsection (5)(a) in the pertinent
2447 medical records.
2448 [
2449 (a) (i) access the state electronic verification system before dispensing cannabis or a
2450 cannabis product to a medical cannabis cardholder in order to determine if the cardholder or,
2451 where applicable, the associated patient has met the maximum amount of cannabis or cannabis
2452 products described in Subsection (2); and
2453 (ii) if the verification in Subsection [
2454 the maximum amount described in Subsection (2):
2455 (A) decline the sale; and
2456 (B) notify the qualified medical provider who made the underlying recommendation;
2457 (b) submit a record to the state electronic verification system each time the medical
2458 cannabis pharmacy dispenses cannabis or a cannabis product to a medical cannabis cardholder;
2459 (c) package any cannabis or cannabis product that is in a blister pack in a container
2460 that:
2461 (i) complies with Subsection 4-41a-602(2);
2462 (ii) is tamper-resistant and tamper-evident; and
2463 (iii) opaque; and
2464 (d) for a product that is a cube that is designed for ingestion through chewing or
2465 holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
2466 of over-consumption.
2467 [
2468 pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device
2469 that is intentionally designed or constructed to resemble a cigarette.
2470 (b) A medical cannabis pharmacy may sell a medical cannabis device that warms
2471 cannabis material into a vapor without the use of a flame and that delivers cannabis to an
2472 individual's respiratory system.
2473 [
2474 medical cannabis pharmacy is allowed to sell under Subsection (1).
2475 [
2476 cardholder transaction in a medical cannabis pharmacy in an amount that, subject to Subsection
2477 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
2478 Section 37. Section 26-61a-503 is amended to read:
2479 26-61a-503. Partial filling.
2480 (1) As used in this section, "partially fill" means to provide less than the full amount of
2481 cannabis or cannabis product that the qualified medical provider recommends, if the qualified
2482 medical provider recommended specific dosing parameters.
2483 (2) A pharmacy medical provider may partially fill a recommendation for a medical
2484 cannabis treatment at the request of the qualified medical provider who issued the medical
2485 cannabis treatment recommendation or the medical cannabis cardholder.
2486 (3) The department shall make rules, in collaboration with the Division of
2487 Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
2488 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying how to record the date,
2489 quantity supplied, and quantity remaining of a partially filled medical cannabis treatment
2490 recommendation.
2491 (4) A pharmacy medical provider who is a pharmacist may, upon the request of a
2492 medical cannabis cardholder, determine different dosing parameters, subject to the dosing
2493 limits in Subsection 26-61a-502(2), to fill the quantity remaining of a partially filled medical
2494 cannabis treatment recommendation if:
2495 (a) the pharmacy medical provider determined dosing parameters for the partial fill
2496 under Subsection 26-61a-502(4) or (5); and
2497 (b) the medical cannabis cardholder reports that:
2498 (i) the partial fill did not substantially affect the qualifying condition underlying the
2499 medical cannabis recommendation; or
2500 (ii) the patient experienced an adverse reaction to the partial fill or was otherwise
2501 unable to successfully use the partial fill.
2502 Section 38. Section 26-61a-505 is amended to read:
2503 26-61a-505. Advertising.
2504 (1) Except as provided in Subsections (2) and (3), a medical cannabis pharmacy may
2505 not advertise in any medium.
2506 (2) [
2507 medical cannabis pharmacy may use signage on the outside of the medical cannabis pharmacy
2508 that:
2509 (a) includes only:
2510 [
2511 [
2512 (b) does not exceed four feet by five feet in size; and
2513 (c) complies with local ordinances regulating signage.
2514 (3) A medical cannabis pharmacy may maintain a website that includes information
2515 about:
2516 (a) the location and hours of operation of the medical cannabis pharmacy;
2517 (b) a product or service available at the medical cannabis pharmacy;
2518 (c) personnel affiliated with the medical cannabis pharmacy;
2519 (d) best practices that the medical cannabis pharmacy upholds; and
2520 (e) educational material related to the medical use of cannabis.
2521 Section 39. Section 26-61a-506 is amended to read:
2522 26-61a-506. Cannabis, cannabis product, or medical cannabis device
2523 transportation.
2524 (1) Only the following individuals may transport cannabis in a medicinal dosage form,
2525 a cannabis product in a medicinal dosage form, or a medical cannabis device under this
2526 chapter:
2527 (a) a registered medical cannabis pharmacy agent;
2528 [
2529 [
2530
2531 [
2532 treatment that the cardholder is authorized to transport.
2533 (2) Except for an individual with a valid medical cannabis card under this chapter who
2534 is transporting a medical cannabis treatment that the cardholder is authorized to transport, an
2535 individual described in Subsection (1) shall possess a transportation manifest that:
2536 (a) includes a unique identifier that links the cannabis, cannabis product, or medical
2537 cannabis device to a relevant inventory control system;
2538 (b) includes origin and destination information for cannabis, a cannabis product, or a
2539 medical cannabis device that the individual is transporting; and
2540 (c) identifies the departure and arrival times and locations of the individual
2541 transporting the cannabis, cannabis product, or medical cannabis device.
2542 (3) (a) In addition to the requirements in Subsections (1) and (2), the department may
2543 establish by rule, in collaboration with the Division of Occupational and Professional Licensing
2544 and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
2545 Rulemaking Act, requirements for transporting cannabis in a medicinal dosage form, a
2546 cannabis product in a medicinal dosage form, or a medical cannabis device to ensure that the
2547 cannabis, cannabis product, or medical cannabis device remains safe for human consumption.
2548 (b) The transportation described in Subsection [
2549 transportation[
2550 (i) another medical cannabis pharmacy; [
2551 (ii) for a medical cannabis shipment, a medical cannabis cardholder's home address.
2552 [
2553 [
2554 [
2555 (4) (a) It is unlawful for a registered medical cannabis pharmacy agent[
2556 [
2557
2558 requirements of this section.
2559 (b) Except as provided in Subsection (4)(d), an agent [
2560 Subsection (4)(a) is:
2561 (i) guilty of an infraction; and
2562 (ii) subject to a $100 fine.
2563 (c) An individual who is guilty of a violation described in Subsection (4)(b) is not
2564 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
2565 underlying the violation described in Subsection (4)(b).
2566 (d) If the individual described in Subsection (4)(a) is transporting more cannabis,
2567 cannabis product, or medical cannabis devices than the manifest identifies, except for a de
2568 minimis administrative error:
2569 (i) this chapter does not apply; and
2570 (ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
2571 Substances Act.
2572 Section 40. Section 26-61a-507 is amended to read:
2573 26-61a-507. Local control.
2574 [
2575
2576
2577 [
2578
2579 [
2580
2581 [
2582 [
2583
2584
2585 (1) The operation of a medical cannabis pharmacy:
2586 (a) shall be a permitted use:
2587 (i) in any zone, overlay, or district within the municipality or county except for a
2588 primarily residential zone; and
2589 (ii) on land that the municipality or county has not zoned; and
2590 (b) is subject to the land use regulations, as defined in Sections 10-9a-103 and
2591 17-27a-103, that apply in the underlying zone.
2592 [
2593
2594 (a) on the sole basis that the applicant or medical cannabis pharmacy violates federal
2595 law regarding the legal status of cannabis[
2596 revoke:
2597 (i) a land use permit, as that term is defined in Sections 10-9a-103 and 17-27a-103, to
2598 operate a medical cannabis pharmacy; or
2599 (ii) a business license to operate a medical cannabis pharmacy [
2600
2601
2602 (b) require a certain distance between a medical cannabis pharmacy and:
2603 (i) another medical cannabis pharmacy;
2604 (ii) a cannabis production establishment;
2605 (iii) a retail tobacco specialty business, as that term is defined in Section 26-62-103; or
2606 (iv) an outlet, as that term is defined in Section 32B-1-202; or
2607 (c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), enforce a land use
2608 regulation against a medical cannabis pharmacy that was not in effect on the day on which the
2609 medical cannabis pharmacy submitted a complete land use application.
2610 [
2611 (a) is not in conflict with this chapter; and
2612 (b) governs the time, place, or manner of medical cannabis pharmacy operations in the
2613 municipality or county.
2614 (4) An applicant for a land use permit to operate a medical cannabis pharmacy shall
2615 comply with the land use requirements and application process described in:
2616 (a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act,
2617 including Section 10-9a-528; and
2618 (b) Title 17, Chapter 27a, County Land Use, Development, and Management Act,
2619 including Section 17-27a-525.
2620 Section 41. Section 26-61a-601 is repealed and reenacted to read:
2621 26-61a-601. State central patient portal -- Department duties.
2622 (1) On or before July 1, 2020, the department shall establish or contract to establish, in
2623 accordance with Title 63G, Chapter 6a, Utah Procurement Code, a state central patient portal as
2624 described in this section.
2625 (2) The state central patient portal shall:
2626 (a) authenticate each user to ensure the user is a valid medical cannabis patient
2627 cardholder;
2628 (b) allow a medical cannabis patient cardholder to:
2629 (i) obtain and download the cardholder's medical cannabis card;
2630 (ii) review the cardholder's medical cannabis purchase history; and
2631 (iii) manage the cardholder's personal information, including withdrawing consent for
2632 the use of the cardholder's information for a study described in Subsection 26-61a-201(10);
2633 (c) if the cardholder's qualified medical provider recommended the use of medical
2634 cannabis without providing dosing parameters and the cardholder has not yet received the
2635 counseling or consultation required in Subsection 26-61a-502(4):
2636 (i) alert the cardholder of the outstanding need for consultation; and
2637 (ii) provide the cardholder with access to the contact information for each state central
2638 patient portal medical provider and each pharmacy medical provider;
2639 (d) except as provided in Subsection (2)(e), facilitate an electronic medical cannabis
2640 order to a home delivery medical cannabis pharmacy;
2641 (e) prohibit a patient from completing an electronic medical cannabis order described
2642 in Subsection (2)(d) if the purchase would exceed the limitations described in Subsection
2643 26-61a-501(2)(a) or (b);
2644 (f) provide educational information to medical cannabis patient cardholders regarding
2645 the state's medical cannabis laws and regulatory programs and other relevant information
2646 regarding medical cannabis; and
2647 (g) allow the patient to designate up to two caregivers who may receive a medical
2648 cannabis caregiver card to purchase and transport medical cannabis on behalf of the patient in
2649 accordance with this chapter.
2650 (3) The department may make rules in accordance with Title 63G, Chapter 3, Utah
2651 Administrative Rulemaking Act, to implement the state central patient portal.
2652 Section 42. Section 26-61a-602 is repealed and reenacted to read:
2653 26-61a-602. State central patient portal medical provider.
2654 (1) In relation to the state central patient portal:
2655 (a) the department may only employ, as a state central patient portal medical provider:
2656 (i) a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act; or
2657 (ii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
2658 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
2659 (b) if the department employs a state central patient portal medical provider, ensure
2660 that a state central patient portal medical provider is available during normal business hours.
2661 (2) A state central patient portal medical provider may:
2662 (a) provide consultations to medical cannabis cardholders and qualified medical
2663 providers; and
2664 (b) determine dosing parameters in accordance with Subsection 26-61a-502(5).
2665 Section 43. Section 26-61a-603 is repealed and reenacted to read:
2666 26-61a-603. Payment provider for electronic medical cannabis transactions.
2667 (1) A cannabis production establishment seeking to use a payment provider, a medical
2668 cannabis pharmacy, or a prospective home delivery medical cannabis pharmacy shall submit to
2669 the Division of Finance and the state treasurer information regarding the payment provider the
2670 prospective licensee will use to conduct financial transactions related to medical cannabis,
2671 including:
2672 (a) the name and contact information of the payment provider;
2673 (b) the nature of the relationship between the establishment, pharmacy, or prospective
2674 pharmacy and the payment provider; and
2675 (c) for a prospective home delivery medical cannabis pharmacy, the processes the
2676 prospective licensee and the payment provider have in place to safely and reliably conduct
2677 financial transactions for medical cannabis shipments.
2678 (2) The Division of Finance shall, in consultation with the state treasurer:
2679 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2680 make rules to establish standards for identifying payment providers that demonstrate the
2681 functional and technical ability to safely conduct financial transactions related to medical
2682 cannabis, including medical cannabis shipments;
2683 (b) review submissions the Division of Finance and the state treasurer receive under
2684 Subsection (1);
2685 (c) approve a payment provider that meets the standards described in Subsection (2)(a);
2686 and
2687 (d) establish a list of approved payment providers.
2688 (3) Any licensed cannabis production establishment, licensed medical cannabis
2689 pharmacy, or medical cannabis courier may use a payment provider that the Division of
2690 Finance approves, in consultation with the state treasurer, to conduct transactions related to the
2691 establishment's, pharmacy's, or courier's respective medical cannabis business.
2692 (4) If Congress passes legislation that allows a cannabis-related business to facilitate
2693 payments through or deposit funds in a financial institution, a cannabis production
2694 establishment or a medical cannabis pharmacy may facilitate payments through or deposit
2695 funds in a financial institution in addition to or instead of a payment provider that the Division
2696 of Finance approves, in consultation with the state treasurer, under this section.
2697 Section 44. Section 26-61a-604 is repealed and reenacted to read:
2698 26-61a-604. Home delivery of medical cannabis shipments -- Medical cannabis
2699 couriers -- License.
2700 (1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
2701 Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home
2702 delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders that the
2703 state central patient portal facilitates, including rules regarding the safe and controlled delivery
2704 of medical cannabis shipments.
2705 (2) A person may not operate as a medical cannabis courier without a license that the
2706 department issues under this section.
2707 (3) (a) Subject to Subsections (5) and (6), the department shall issue a license to
2708 operate as a medical cannabis courier to an applicant who is eligible for a license under this
2709 section.
2710 (b) An applicant is eligible for a license under this section if the applicant submits to
2711 the department:
2712 (i) the name and address of an individual who:
2713 (A) has a financial or voting interest of 2% or greater in the proposed medical cannabis
2714 pharmacy; or
2715 (B) has the power to direct or cause the management or control of a proposed cannabis
2716 production establishment;
2717 (ii) an operating plan that includes operating procedures to comply with the operating
2718 requirements for a medical cannabis courier described in this chapter; and
2719 (iii) an application fee in an amount that, subject to Subsection 26-61a-109(5), the
2720 department sets in accordance with Section 63J-1-504.
2721 (4) If the department determines that an applicant is eligible for a license under this
2722 section, the department shall:
2723 (a) charge the applicant an initial license fee in an amount that, subject to Subsection
2724 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
2725 (b) notify the Department of Public Safety of the license approval and the names of
2726 each individual described in Subsection (3)(b)(ii).
2727 (5) The department may not issue a license to operate as a medical cannabis courier to
2728 an applicant if an individual described in Subsection (3)(b)(ii):
2729 (a) has been convicted under state or federal law of:
2730 (i) a felony; or
2731 (ii) after the effective date of this bill, a misdemeanor for drug distribution; or
2732 (b) is younger than 21 years old.
2733 (6) The department may revoke a license under this part if:
2734 (a) the medical cannabis courier does not begin operations within one year after the day
2735 on which the department issues the initial license;
2736 (b) the medical cannabis courier makes the same violation of this chapter three times;
2737 or
2738 (c) an individual described in Subsection (3)(b)(ii) is convicted, while the license is
2739 active, under state or federal law of:
2740 (i) a felony; or
2741 (ii) after the effective date of this bill, a misdemeanor for drug distribution.
2742 (7) The department shall deposit the proceeds of a fee imposed by this section in the
2743 Qualified Patient Enterprise Fund.
2744 (8) The department shall begin accepting applications under this section on or before
2745 July 1, 2020.
2746 (9) The department's authority to issue a license under this section is plenary and is not
2747 subject to review.
2748 (10) Each applicant for a license as a medical cannabis courier shall submit, at the time
2749 of application, from each individual who has a financial or voting interest of 2% or greater in
2750 the applicant or who has the power to direct or cause the management or control of the
2751 applicant:
2752 (a) a fingerprint card in a form acceptable to the Department of Public Safety;
2753 (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2754 registration of the individual's fingerprints in the Federal Bureau of Investigation Next
2755 Generation Identification System's Rap Back Service; and
2756 (c) consent to a fingerprint background check by:
2757 (i) the Bureau of Criminal Identification; and
2758 (ii) the Federal Bureau of Investigation.
2759 (11) The Bureau of Criminal Identification shall:
2760 (a) check the fingerprints the applicant submits under Subsection (10) against the
2761 applicable state, regional, and national criminal records databases, including the Federal
2762 Bureau of Investigation Next Generation Identification System;
2763 (b) report the results of the background check to the department;
2764 (c) maintain a separate file of fingerprints that applicants submit under Subsection (10)
2765 for search by future submissions to the local and regional criminal records databases, including
2766 latent prints;
2767 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2768 Generation Identification System's Rap Back Service for search by future submissions to
2769 national criminal records databases, including the Next Generation Identification System and
2770 latent prints; and
2771 (e) establish a privacy risk mitigation strategy to ensure that the department only
2772 receives notifications for an individual with whom the department maintains an authorizing
2773 relationship.
2774 (12) The department shall:
2775 (a) assess an individual who submits fingerprints under Subsection (10) a fee in an
2776 amount that the department sets in accordance with Section 63J-1-504 for the services that the
2777 Bureau of Criminal Identification or another authorized agency provides under this section; and
2778 (b) remit the fee described in Subsection (12)(a) to the Bureau of Criminal
2779 Identification.
2780 (13) The department shall renew a license under this section every year if, at the time
2781 of renewal:
2782 (a) the licensee meets the requirements of this section; and
2783 (b) the licensee pays the department a license renewal fee in an amount that, subject to
2784 Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
2785 (14) A person applying for a medical cannabis courier license shall submit to the
2786 department a proposed operating plan that complies with this section and that includes:
2787 (a) a description of the physical characteristics of any proposed facilities, including a
2788 floor plan and an architectural elevation, and delivery vehicles;
2789 (b) a description of the credentials and experience of each officer, director, or owner of
2790 the proposed medical cannabis courier;
2791 (c) the medical cannabis courier's employee training standards;
2792 (d) a security plan; and
2793 (e) storage and delivery protocols, both short and long term, to ensure that medical
2794 cannabis shipments are stored and delivered in a manner that is sanitary and preserves the
2795 integrity of the cannabis.
2796 Section 45. Section 26-61a-605 is amended to read:
2797 26-61a-605. Medical cannabis shipment transportation.
2798 (1) The [
2799
2800 directly or through a medical cannabis courier, medical cannabis shipments in a secure
2801 manner[
2802
2803
2804
2805
2806 (2) (a) [
2807 with a [
2808
2809 medical cannabis shipments to [
2810
2811 facilitates.
2812 (b) If [
2813 contract described in Subsection (2)(a), the [
2814 [
2815
2816 [
2817 medical cannabis courier sufficient to ensure the security and safety of [
2818 medical cannabis shipments; and
2819 [
2820 courier.
2821 (3) Except for an individual with a valid medical cannabis card who transports a
2822 shipment the individual receives, an individual may not transport a [
2823 cannabis shipment unless the individual is:
2824 (a) a registered [
2825 (b) [
2826 Subsection (2).
2827 (4) An individual transporting a [
2828 Subsection (3) shall possess a transportation manifest that:
2829 (a) includes a unique identifier that links the [
2830 shipment to a relevant inventory control system;
2831 (b) includes origin and destination information for [
2832 cannabis shipment the individual is transporting; and
2833 (c) indicates the departure and arrival times and locations of the individual transporting
2834 the [
2835 (5) In addition to the requirements in Subsections (3) and (4), the department may
2836 establish by rule, in collaboration with the Division of Occupational and Professional Licensing
2837 and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
2838 Rulemaking Act, requirements for transporting [
2839 that are related to safety for human consumption of cannabis or a cannabis product.
2840 (6) (a) It is unlawful for an individual to transport a [
2841 shipment with a manifest that does not meet the requirements of Subsection (4).
2842 (b) Except as provided in Subsection (6)(d), an individual who violates Subsection
2843 (6)(a) is:
2844 (i) guilty of an infraction; and
2845 (ii) subject to a $100 fine.
2846 (c) An individual who is guilty of a violation described in Subsection (6)(b) is not
2847 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
2848 underlying the violation described in Subsection (6)(b).
2849 (d) If the individual described in Subsection (6)(a) is transporting more cannabis,
2850 cannabis product, or medical cannabis devices than the manifest identifies, except for a de
2851 minimis administrative error:
2852 (i) this chapter does not apply; and
2853 (ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
2854 Substances Act.
2855 Section 46. Section 26-61a-606 is amended to read:
2856 26-61a-606. Medical cannabis courier agent -- Background check -- Registration
2857 card -- Rebuttable presumption.
2858 (1) An individual may not serve as a [
2859 cannabis courier agent unless:
2860 (a) the individual is an employee of a [
2861 cannabis courier; and
2862 (b) the department registers the individual as a [
2863 medical cannabis courier agent.
2864 (2) (a) The department shall, within 15 days after the day on which the department
2865 receives a complete application from a [
2866 behalf of a [
2867 register and issue a [
2868 registration card to the prospective agent if the [
2869 courier:
2870 (i) provides to the department:
2871 (A) the prospective agent's name and address;
2872 (B) the name and [
2873
2874 courier; [
2875 (iii) the name and address of each home delivery medical cannabis pharmacy with
2876 which the medical cannabis courier contracts to deliver medical cannabis shipments; and
2877 [
2878 (ii) as reported under Subsection (2)(c), has not been convicted under state or federal
2879 law of:
2880 (A) a felony; or
2881 (B) after December 3, 2018, a misdemeanor for drug distribution[
2882 (iii) pays the department a fee in an amount that, subject to Subsection 26-61a-109(5),
2883 the department sets in accordance with Section 63J-1-504.
2884 (b) [
2885 registration card within less than one year after the expiration of the applicant's previous
2886 medical cannabis courier agent registration card, each prospective agent described in
2887 Subsection (2)(a) shall:
2888 (i) submit to the department:
2889 (A) a fingerprint card in a form acceptable to the Department of Public Safety; and
2890 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2891 registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
2892 Generation Identification System's Rap Back Service; and
2893 (ii) consent to a fingerprint background check by:
2894 (A) the Bureau of Criminal Identification; and
2895 (B) the Federal Bureau of Investigation.
2896 (c) The Bureau of Criminal Identification shall:
2897 (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
2898 the applicable state, regional, and national criminal records databases, including the Federal
2899 Bureau of Investigation Next Generation Identification System;
2900 (ii) report the results of the background check to the department;
2901 (iii) maintain a separate file of fingerprints that prospective agents submit under
2902 Subsection (2)(b) for search by future submissions to the local and regional criminal records
2903 databases, including latent prints;
2904 (iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2905 Generation Identification System's Rap Back Service for search by future submissions to
2906 national criminal records databases, including the Next Generation Identification System and
2907 latent prints; and
2908 (v) establish a privacy risk mitigation strategy to ensure that the department only
2909 receives notifications for an individual with whom the department maintains an authorizing
2910 relationship.
2911 (d) The department shall:
2912 (i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
2913 amount that the department sets in accordance with Section 63J-1-504 for the services that the
2914 Bureau of Criminal Identification or another authorized agency provides under this section; and
2915 (ii) remit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal
2916 Identification.
2917 (3) The department shall designate on an individual's [
2918
2919
2920 home delivery medical cannabis courier for which the medical cannabis courier delivers
2921 medical cannabis shipments.
2922 (4) (a) A [
2923 comply with a certification standard that the department develops, in collaboration with the
2924 Division of Occupational and Professional Licensing and the Board of Pharmacy, or a
2925 third-party certification standard that the department designates by rule in collaboration with
2926 the Division of Occupational and Professional Licensing and the Board of Pharmacy and in
2927 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2928 (b) The department shall ensure that the certification standard described in Subsection
2929 (4)(a) includes training in:
2930 (i) Utah medical cannabis law;
2931 (ii) the [
2932 (iii) [
2933 practices.
2934 (5) (a) A medical cannabis courier agent registration card expires two years after the
2935 day on which the department issues or renews the card.
2936 (b) A medical cannabis courier agent may renew the agent's registration card if the
2937 agent:
2938 (i) is eligible for a medical cannabis courier agent registration card under this section;
2939 (ii) certifies to the department in a renewal application that the information in
2940 Subsection (2)(a) is accurate or updates the information; and
2941 (iii) pays to the department a renewal fee in an amount that:
2942 (A) subject to Subsection 26-61a-109(5), the department sets in accordance with
2943 Section 63J-1-504; and
2944 (B) may not exceed the cost of the relatively lower administrative burden of renewal in
2945 comparison to the original application process.
2946 [
2947
2948 (a) violates the requirements of this chapter; or
2949 (b) is convicted under state or federal law of:
2950 (i) a felony; or
2951 (ii) after December 3, 2018, a misdemeanor for drug distribution.
2952 [
2953 the department has registered under this section shall carry the agent's [
2954
2955 (a) the agent is on the premises of the [
2956 courier, a medical cannabis pharmacy, or a medical cannabis cardholder's home address; and
2957 (b) the agent is handling a medical cannabis shipment [
2958
2959 [
2960 handling a medical cannabis shipment [
2961
2962 (7):
2963 (a) there is a rebuttable presumption that the agent possesses the shipment legally; and
2964 (b) there is no probable cause, based solely on the agent's possession of the medical
2965 cannabis shipment [
2966
2967 activity.
2968 [
2969 who violates Subsection [
2970 (i) guilty of an infraction; and
2971 (ii) subject to a $100 fine.
2972 (b) An individual who is guilty of a violation described in Subsection [
2973 not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
2974 conduct underlying the violation described in Subsection [
2975 Section 47. Section 26-61a-607 is amended to read:
2976 26-61a-607. Home delivery of medical cannabis shipments.
2977 [
2978 [
2979
2980 [
2981
2982 [
2983
2984 [
2985
2986 [
2987 agent or a medical cannabis courier agent may not deliver a medical cannabis shipment from
2988 [
2989
2990 (a) the individual receiving the shipment presents:
2991 [
2992
2993
2994 [
2995 form of photo identification [
2996 (b) the delivery occurs at the medical cannabis cardholder's home address that is on file
2997 in the state electronic verification system.
2998 [
2999 agent or a medical cannabis courier agent distributes a [
3000 shipment to a medical cannabis cardholder, the [
3001 shall:
3002 (a) verify the shipment information using the state electronic verification system;
3003 (b) ensure that the individual satisfies the identification requirements in Subsection
3004 [
3005 (c) verify that payment is complete; and
3006 (d) record the completion of the shipment transaction in the electronic verification
3007 system.
3008 [
3009 (a) (i) store each [
3010
3011 [
3012 returns the shipment to the [
3013 accordance with Subsection [
3014
3015 (ii) ensure that only a [
3016 agent is able to access the [
3017 cannabis cardholder receives the shipment;
3018 (b) return any [
3019 the [
3020 Subsection [
3021 possessed the [
3022 (c) return any [
3023 home delivery medical cannabis pharmacy, in accordance with Subsection [
3024 medical cannabis cardholder [
3025
3026 [
3027 medical cannabis pharmacy agent returns an [
3028 cannabis shipment [
3029 home delivery medical cannabis pharmacy may repackage or otherwise reuse the shipment [
3030
3031 (b) If a [
3032 cannabis pharmacy agent returns [
3033 medical cannabis shipment under Subsection [
3034 the [
3035 shipment by:
3036 (i) rendering the [
3037 transporting the shipment from the [
3038 pharmacy; and
3039 (ii) disposing of the [
3040 (A) federal and state laws, rules, and regulations related to hazardous waste;
3041 (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
3042 (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
3043 (D) other regulations that the department makes in accordance with Title 63G, Chapter
3044 3, Utah Administrative Rulemaking Act.
3045 Section 48. Section 26-61a-702 is amended to read:
3046 26-61a-702. Enforcement -- Fine -- Citation.
3047 (1) (a) The department may, for a medical cannabis pharmacy's violation of this chapter
3048 or an applicable administrative rule:
3049 (i) revoke the medical cannabis pharmacy license;
3050 (ii) refuse to renew the medical cannabis pharmacy license; or
3051 (iii) assess the medical cannabis pharmacy an administrative penalty.
3052 (b) The department may, for a medical cannabis pharmacy agent's or [
3053 medical cannabis courier agent's violation of this chapter:
3054 (i) revoke the medical cannabis pharmacy agent or [
3055 courier agent registration card;
3056 (ii) refuse to renew the medical cannabis pharmacy agent or [
3057 cannabis courier agent registration card; or
3058 (iii) assess the medical cannabis pharmacy agent or [
3059 courier agent an administrative penalty.
3060 (2) The department shall deposit an administrative penalty imposed under this section
3061 into the General Fund.
3062 (3) For a person subject to an uncontested citation, a stipulated settlement, or a finding
3063 of a violation in an adjudicative proceeding under this section, the department may:
3064 (a) for a fine amount not already specified in law, assess the person a fine of up to
3065 $5,000 per violation, in accordance with a fine schedule that the department establishes by rule
3066 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
3067 (b) order the person to cease and desist from the action that creates a violation.
3068 (4) The department may not revoke a medical cannabis pharmacy's license or a medical
3069 cannabis courier's license without first directing the medical cannabis pharmacy or a medical
3070 cannabis courier's license to appear before an adjudicative proceeding conducted under Title
3071 63G, Chapter 4, Administrative Procedures Act.
3072 (5) If, within 20 calendar days after the day on which the department issues a citation
3073 for a violation of this chapter, the person that is the subject of the citation fails to request a
3074 hearing to contest the citation, the citation becomes the department's final order.
3075 (6) The department may, for a person who fails to comply with a citation under this
3076 section:
3077 (a) refuse to issue or renew the person's license or agent registration card; or
3078 (b) suspend, revoke, or place on probation the person's license or agent registration
3079 card.
3080 (7) (a) Except where a criminal penalty is expressly provided for a specific violation of
3081 this chapter, if an individual violates a provision of this chapter, the individual is:
3082 (i) guilty of an infraction; and
3083 (ii) subject to a $100 fine.
3084 (b) An individual who is guilty of a violation described in Subsection (7)(a) is not
3085 guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3086 underlying the violation described in Subsection (7)(a).
3087 Section 49. Section 26-61a-703 is amended to read:
3088 26-61a-703. Report.
3089 (1) By the November interim meeting each year beginning in 2020, the department
3090 shall report to the Health and Human Services Interim Committee on:
3091 (a) the number of applications and renewal applications filed for medical cannabis
3092 cards;
3093 (b) the number of qualifying patients and designated caregivers;
3094 (c) the nature of the debilitating medical conditions of the qualifying patients;
3095 (d) the age and county of residence of cardholders;
3096 (e) the number of medical cannabis cards revoked;
3097 (f) the number of practitioners providing recommendations for qualifying patients;
3098 (g) the number of license applications and renewal license applications received;
3099 (h) the number of licenses the department has issued in each county;
3100 (i) the number of licenses the department has revoked;
3101 (j) the quantity [
3102
3103
3104 patient portal facilitates;
3105 [
3106 (k) the number of overall purchases of medical cannabis and medical cannabis products
3107 from each medical cannabis pharmacy;
3108 (l) the expenses incurred and revenues generated from the medical cannabis program;
3109 and
3110 [
3111
3112 [
3113
3114
3115 (2) The department may not include personally identifying information in the report
3116 described in this section.
3117 Section 50. Section 30-3-10 is amended to read:
3118 30-3-10. Custody of a child -- Custody factors.
3119 (1) If a married couple having one or more minor children are separated, or the married
3120 couple's marriage is declared void or dissolved, the court shall enter, and has continuing
3121 jurisdiction to modify, an order of custody and parent-time.
3122 (2) In determining any form of custody and parent-time under Subsection (1), the court
3123 shall consider the best interest of the child and may consider among other factors the court
3124 finds relevant, the following for each parent:
3125 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
3126 abuse, involving the child, the parent, or a household member of the parent;
3127 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
3128 the developmental needs of the child, including the child's:
3129 (i) physical needs;
3130 (ii) emotional needs;
3131 (iii) educational needs;
3132 (iv) medical needs; and
3133 (v) any special needs;
3134 (c) the parent's capacity and willingness to function as a parent, including:
3135 (i) parenting skills;
3136 (ii) co-parenting skills, including:
3137 (A) ability to appropriately communicate with the other parent;
3138 (B) ability to encourage the sharing of love and affection; and
3139 (C) willingness to allow frequent and continuous contact between the child and the
3140 other parent, except that, if the court determines that the parent is acting to protect the child
3141 from domestic violence, neglect, or abuse, the parent's protective actions may be taken into
3142 consideration; and
3143 (iii) ability to provide personal care rather than surrogate care;
3144 (d) in accordance with Subsection (10), the past conduct and demonstrated moral
3145 character of the parent;
3146 (e) the emotional stability of the parent;
3147 (f) the parent's inability to function as a parent because of drug abuse, excessive
3148 drinking, or other causes;
3149 (g) whether the parent has intentionally exposed the child to pornography or material
3150 harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;
3151 (h) the parent's reasons for having relinquished custody or parent-time in the past;
3152 (i) duration and depth of desire for custody or parent-time;
3153 (j) the parent's religious compatibility with the child;
3154 (k) the parent's financial responsibility;
3155 (l) the child's interaction and relationship with step-parents, extended family members
3156 of other individuals who may significantly affect the child's best interests;
3157 (m) who has been the primary caretaker of the child;
3158 (n) previous parenting arrangements in which the child has been happy and
3159 well-adjusted in the home, school, and community;
3160 (o) the relative benefit of keeping siblings together;
3161 (p) the stated wishes and concerns of the child, taking into consideration the child's
3162 cognitive ability and emotional maturity;
3163 (q) the relative strength of the child's bond with the parent, meaning the depth, quality,
3164 and nature of the relationship between the parent and the child; and
3165 (r) any other factor the court finds relevant.
3166 (3) There is a rebuttable presumption that joint legal custody, as defined in Section
3167 30-3-10.1, is in the best interest of the child, except in cases when there is:
3168 (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
3169 abuse involving the child, a parent, or a household member of the parent;
3170 (b) special physical or mental needs of a parent or child, making joint legal custody
3171 unreasonable;
3172 (c) physical distance between the residences of the parents, making joint decision
3173 making impractical in certain circumstances; or
3174 (d) any other factor the court considers relevant including those listed in this section
3175 and Section 30-3-10.2.
3176 (4) (a) The person who desires joint legal custody shall file a proposed parenting plan
3177 in accordance with Sections 30-3-10.8 and 30-3-10.9.
3178 (b) A presumption for joint legal custody may be rebutted by a showing by a
3179 preponderance of the evidence that it is not in the best interest of the child.
3180 (5) (a) A child may not be required by either party to testify unless the trier of fact
3181 determines that extenuating circumstances exist that would necessitate the testimony of the
3182 child be heard and there is no other reasonable method to present the child's testimony.
3183 (b) (i) The court may inquire of the child's and take into consideration the child's
3184 desires regarding future custody or parent-time schedules, but the expressed desires are not
3185 controlling and the court may determine the child's custody or parent-time otherwise.
3186 (ii) The desires of a child 14 years of age or older shall be given added weight, but is
3187 not the single controlling factor.
3188 (c) (i) If an interview with a child is conducted by the court pursuant to Subsection
3189 (5)(b), the interview shall be conducted by the judge in camera.
3190 (ii) The prior consent of the parties may be obtained but is not necessary if the court
3191 finds that an interview with a child is the only method to ascertain the child's desires regarding
3192 custody.
3193 (6) (a) Except as provided in Subsection (6)(b), a court may not discriminate against a
3194 parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining
3195 whether a substantial change has occurred for the purpose of modifying an award of custody.
3196 (b) The court may not consider the disability of a parent as a factor in awarding custody
3197 or modifying an award of custody based on a determination of a substantial change in
3198 circumstances, unless the court makes specific findings that:
3199 (i) the disability significantly or substantially inhibits the parent's ability to provide for
3200 the physical and emotional needs of the child at issue; and
3201 (ii) the parent with a disability lacks sufficient human, monetary, or other resources
3202 available to supplement the parent's ability to provide for the physical and emotional needs of
3203 the child at issue.
3204 (c) Nothing in this section may be construed to apply to adoption proceedings under
3205 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
3206 (7) This section does not establish a preference for either parent solely because of the
3207 gender of the parent.
3208 (8) This section establishes neither a preference nor a presumption for or against joint
3209 physical custody or sole physical custody, but allows the court and the family the widest
3210 discretion to choose a parenting plan that is in the best interest of the child.
3211 (9) When an issue before the court involves custodial responsibility in the event of a
3212 deployment of one or both parents who are servicemembers, and the servicemember has not yet
3213 been notified of deployment, the court shall resolve the issue based on the standards in Sections
3214 78B-20-306 through 78B-20-309.
3215 (10) In considering the past conduct and demonstrated moral standards of each party
3216 under Subsection (2)(d) or any other factor a court finds relevant, the court may not:
3217 (a) consider or treat a parent's lawful possession or use of cannabis in a medicinal
3218 dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in
3219 accordance with Title 4, Chapter 41a, Cannabis Production Establishments, Title 26, Chapter
3220 61a, Utah Medical Cannabis Act, or Subsection 58-37-3.7(2) or (3) any differently than the
3221 court would consider or treat the lawful possession or use of [
3222 prescribed controlled substance; or
3223 (b) discriminate against a parent because of the parent's status as a:
3224 (i) cannabis production establishment agent, as that term is defined in Section
3225 4-41a-102;
3226 (ii) medical cannabis pharmacy agent, as that term is defined in Section 26-61a-102;
3227 (iii) [
3228 26-61a-102; or
3229 (iv) medical cannabis cardholder in accordance with Title 26, Chapter 61a, Utah
3230 Medical Cannabis Act.
3231 Section 51. Section 58-17b-302 is amended to read:
3232 58-17b-302. License required -- License classifications for pharmacy facilities.
3233 (1) A license is required to act as a pharmacy, except:
3234 (a) as specifically exempted from licensure under Section 58-1-307; and
3235 (b) for the operation of a medical cannabis pharmacy [
3236
3237 (2) The division shall issue a pharmacy license to a facility that qualifies under this
3238 chapter in the classification of a:
3239 (a) class A pharmacy;
3240 (b) class B pharmacy;
3241 (c) class C pharmacy;
3242 (d) class D pharmacy;
3243 (e) class E pharmacy; or
3244 (f) dispensing medical practitioner clinic pharmacy.
3245 (3) (a) Each place of business shall require a separate license.
3246 (b) If multiple pharmacies exist at the same address, a separate license shall be required
3247 for each pharmacy.
3248 (4) (a) The division may further define or supplement the classifications of pharmacies.
3249 (b) The division may impose restrictions upon classifications to protect the public
3250 health, safety, and welfare.
3251 (5) Each pharmacy[
3252 have a pharmacist-in-charge, except as otherwise provided by rule.
3253 (6) Whenever an applicable statute or rule requires or prohibits action by a pharmacy,
3254 the pharmacist-in-charge and the owner of the pharmacy shall be responsible for all activities
3255 of the pharmacy, regardless of the form of the business organization.
3256 Section 52. Section 58-17b-310 is amended to read:
3257 58-17b-310. Continuing education.
3258 (1) The division in collaboration with the board may establish by rule continuing
3259 education requirements for each classification of licensure under this chapter.
3260 (2) The division shall accept and apply toward an hour requirement that the division
3261 establishes under Subsection (1) continuing education that a pharmacist completes in
3262 accordance with [
3263 Section 53. Section 58-17b-502 is amended to read:
3264 58-17b-502. Unprofessional conduct.
3265 (1) "Unprofessional conduct" includes:
3266 (a) willfully deceiving or attempting to deceive the division, the board, or their agents
3267 as to any relevant matter regarding compliance under this chapter;
3268 (b) except as provided in Subsection (2):
3269 (i) paying or offering rebates to practitioners or any other health care providers, or
3270 receiving or soliciting rebates from practitioners or any other health care provider; or
3271 (ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
3272 bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
3273 provider, for the purpose of obtaining referrals;
3274 (c) misbranding or adulteration of any drug or device or the sale, distribution, or
3275 dispensing of any outdated, misbranded, or adulterated drug or device;
3276 (d) engaging in the sale or purchase of drugs or devices that are samples or packages
3277 bearing the inscription "sample" or "not for resale" or similar words or phrases;
3278 (e) except as provided in Section 58-17b-503 or Part 9, Charitable Prescription Drug
3279 Recycling Act, accepting back and redistributing any unused drug, or a part of it, after it has
3280 left the premises of any pharmacy, unless the drug is in a unit pack, as defined in Section
3281 58-17b-503, or the manufacturer's sealed container, as defined in rule;
3282 (f) an act in violation of this chapter committed by a person for any form of
3283 compensation if the act is incidental to the person's professional activities, including the
3284 activities of a pharmacist, pharmacy intern, or pharmacy technician;
3285 (g) violating:
3286 (i) the federal Controlled Substances Act, Title II, P.L. 91-513;
3287 (ii) Title 58, Chapter 37, Utah Controlled Substances Act; or
3288 (iii) rules or regulations adopted under either act;
3289 (h) requiring or permitting pharmacy interns or technicians to engage in activities
3290 outside the scope of practice for their respective license classifications, as defined in this
3291 chapter and division rules made in collaboration with the board, or beyond their scope of
3292 training and ability;
3293 (i) administering:
3294 (i) without appropriate training, as defined by rule;
3295 (ii) without a physician's order, when one is required by law; and
3296 (iii) in conflict with a practitioner's written guidelines or written protocol for
3297 administering;
3298 (j) disclosing confidential patient information in violation of the provisions of the
3299 Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
3300 1936, as amended, or other applicable law;
3301 (k) engaging in the practice of pharmacy without a licensed pharmacist designated as
3302 the pharmacist-in-charge;
3303 (l) failing to report to the division any adverse action taken by another licensing
3304 jurisdiction, government agency, law enforcement agency, or court for conduct that in
3305 substance would be considered unprofessional conduct under this section;
3306 (m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
3307 form which is regularly and commonly available from a manufacturer in quantities and
3308 strengths prescribed by a practitioner;
3309 (n) failing to act in accordance with Title 26, Chapter 64, Family Planning Access Act,
3310 when dispensing a self-administered hormonal contraceptive under a standing order; and
3311 (o) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
3312 (2) Subsection (1)(b) does not apply to:
3313 (a) giving or receiving a price discount based on purchase volume;
3314 (b) passing along a pharmaceutical manufacturer's rebate; or
3315 (c) providing compensation for services to a veterinarian.
3316 (3) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
3317 61a, Utah Medical Cannabis Act:
3318 (a) when registered as a pharmacy medical provider, as that term is defined in Section
3319 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
3320 (b) when [
3321 that term is defined in Section 26-61a-102, providing state central [
3322 provider services [
3323 (4) Notwithstanding Subsection (3), the division, in consultation with the board and in
3324 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
3325 unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
3326 Section 54. Section 58-37-3.7 is amended to read:
3327 58-37-3.7. Medical cannabis decriminalization.
3328 (1) As used in this section:
3329 (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
3330 (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3331 (c) "Medical cannabis card" means the same as that term is defined in Section
3332 26-61a-102.
3333 (d) "Medical cannabis device" means the same as that term is defined in Section
3334 26-61a-102.
3335 (e) "Medical cannabis pharmacy" means the same as that term is defined in Section
3336 26-61a-102.
3337 (f) "Medicinal dosage form" means the same as that term is defined in Section
3338 26-61a-102.
3339 (g) "Qualified medical provider" means the same as that term is defined in Section
3340 26-61a-102.
3341 (h) "Qualifying condition" means the same as that term is defined in Section
3342 26-61a-102.
3343 (i) "Tetrahydrocannabinol" means the same as that term is defined in Section
3344 58-37-3.9.
3345 (2) Before January 1, 2021, an individual is not guilty under this chapter for the use or
3346 possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia if:
3347 (a) at the time of the arrest or citation, the individual:
3348 (i) (A) had been diagnosed with a qualifying condition; and
3349 (B) had a pre-existing provider-patient relationship with an advanced practice
3350 registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed
3351 under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58,
3352 Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under
3353 Title 58, Chapter 70a, Utah Physician Assistant Act, who believed that the individual's illness
3354 described in Subsection (2)(a)(i)(A) could benefit from the use in question;
3355 (ii) for possession, was:
3356 (A) the parent or legal guardian of an individual described in Subsection (2)(a)(i) who
3357 is a minor; or
3358 (B) the spouse of an individual described in Subsection (2)(a)(i); or
3359 (iii) (A) for possession, was a medical cannabis cardholder; or
3360 (B) for use, was a medical cannabis patient cardholder or a minor with a qualifying
3361 condition under the supervision of a medical cannabis guardian cardholder; and
3362 (b) the marijuana or tetrahydrocannabinol was in a medicinal dosage form in one of the
3363 following amounts:
3364 (i) no more than 56 grams by weight of unprocessed cannabis; or
3365 (ii) an amount of cannabis products that contains, in total, no more than 10 grams of
3366 total composite tetrahydrocannabinol.
3367 (3) An individual is not guilty under this chapter for the use or possession of
3368 marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter if:
3369 (a) at the time of the arrest or citation, the individual:
3370 (i) was not a resident of Utah or has been a resident of Utah for less than 45 days;
3371 (ii) had a currently valid medical cannabis card or the equivalent of a medical cannabis
3372 card under the laws of another state, district, territory, commonwealth, or insular possession of
3373 the United States; and
3374 (iii) had been diagnosed with a qualifying condition as described in Section
3375 26-61a-104; and
3376 (b) the marijuana or tetrahydrocannabinol is in a medicinal dosage form in [
3377
3378 (i) no more than 113 grams by weight of unprocessed cannabis; or
3379 (ii) an amount of cannabis products that contains, in total, no more than 20 grams of
3380 total composite tetrahydrocannabinol.
3381 Section 55. Section 58-37-3.8 is amended to read:
3382 58-37-3.8. Enforcement.
3383 (1) A law enforcement officer, as that term is defined in Section 53-13-103, except for
3384 an officially designated drug enforcement task force regarding conduct that is not in accordance
3385 with Title 26, Chapter 61a, Utah Medical Cannabis Act, may not expend any state or local
3386 resources, including the officer's time, to:
3387 (a) effect any arrest or seizure of cannabis, as that term is defined in Section
3388 26-61a-102, or conduct any investigation, on the sole basis of activity the officer believes to
3389 constitute a violation of federal law if the officer has reason to believe that the activity is in
3390 compliance with the state medical cannabis laws;
3391 (b) enforce a law that restricts an individual's right to acquire, own, or possess a
3392 firearm based solely on the individual's possession or use of cannabis in accordance with state
3393 medical cannabis laws; or
3394 (c) provide any information or logistical support related to an activity described in
3395 Subsection (1)(a) to any federal law enforcement authority or prosecuting entity.
3396 (2) An agency or political subdivision of the state may not take an adverse action
3397 against a person for providing a professional service to a medical cannabis pharmacy, as that
3398 term is defined in Section 26-61a-102, the state central [
3399 patient portal, as that term is defined in Section 26-61a-102, or a cannabis production
3400 establishment, as that term is defined in Section 4-41a-102, on the sole basis that the service is
3401 a violation of federal law.
3402 Section 56. Section 58-37-3.9 is amended to read:
3403 58-37-3.9. Exemption for possession or use of cannabis to treat a qualifying
3404 illness.
3405 (1) As used in this section:
3406 (a) "Cannabis" means marijuana.
3407 (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3408 (c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
3409 (d) "Medical cannabis cardholder" means the same as that term is defined in Section
3410 26-61a-102.
3411 (e) "Medical cannabis device" means the same as that term is defined in Section
3412 26-61a-102.
3413 (f) " Medicinal dosage form" means the same as that term is defined in Section
3414 26-61a-102.
3415 (g) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic
3416 description as described in Subsection 58-37-4(2)(a)(iii)(AA).
3417 (2) Notwithstanding any other provision of law, except as otherwise provided in this
3418 section:
3419 (a) an individual is not guilty of a violation of this title for the following conduct if the
3420 individual engages in the conduct in accordance with Title 4, Chapter 41a, Cannabis
3421 Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act:
3422 (i) possessing, ingesting, inhaling, producing, manufacturing, dispensing, distributing,
3423 selling, or offering to sell cannabis or a cannabis product; or
3424 (ii) possessing cannabis or a cannabis product with the intent to engage in the conduct
3425 described in Subsection (2)(a)(i); and
3426 (b) an individual is not guilty of a violation of this title regarding drug paraphernalia if
3427 the individual, in accordance with Title 4, Chapter 41a, Cannabis Production Establishments,
3428 and Title 26, Chapter 61a, Utah Medical Cannabis Act:
3429 (i) possesses, manufactures, distributes, sells, or offers to sell a medical cannabis
3430 device; or
3431 (ii) possesses a medical cannabis device with the intent to engage in any of the conduct
3432 described in Subsection (2)(b)(i).
3433 (3) (a) As used in this Subsection (3), "smoking" does not include the vaporization or
3434 heating of medical cannabis.
3435 (b) Title 26, Chapter 61a, Utah Medical Cannabis Act, does not authorize a medical
3436 cannabis cardholder to smoke or combust cannabis or to use a device to facilitate the smoking
3437 or combustion of cannabis.
3438 (c) A medical cannabis cardholder who smokes cannabis or engages in any other
3439 conduct described in Subsection (3)(b):
3440 (i) does not possess the cannabis in accordance with Title 26, Chapter 61a, Utah
3441 Medical Cannabis Act; and
3442 (ii) is subject to charges under this chapter for the use or possession of marijuana,
3443 tetrahydrocannabinol, or marijuana drug paraphernalia for the conduct described in Subsection
3444 (3)(b).
3445 (4) An individual who is assessed a penalty or convicted of a crime under Title 4,
3446 Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah Medical
3447 Cannabis Act, is not, based on the conduct underlying that penalty or conviction, subject to a
3448 penalty described in this chapter for:
3449 (a) the possession, manufacture, sale, or offer for sale of cannabis or a cannabis
3450 product; or
3451 (b) the possession, manufacture, sale, or offer for sale of drug paraphernalia.
3452 Section 57. Section 58-67-304 is amended to read:
3453 58-67-304. License renewal requirements.
3454 (1) As a condition precedent for license renewal, each licensee shall, during each
3455 two-year licensure cycle or other cycle defined by division rule:
3456 (a) complete qualified continuing professional education requirements in accordance
3457 with the number of hours and standards defined by division rule made in collaboration with the
3458 board;
3459 (b) appoint a contact person for access to medical records and an alternate contact
3460 person for access to medical records in accordance with Subsection 58-67-302(1)(j);
3461 (c) if the licensee practices medicine in a location with no other persons licensed under
3462 this chapter, provide some method of notice to the licensee's patients of the identity and
3463 location of the contact person and alternate contact person for the licensee; and
3464 (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
3465 successfully complete the educational methods and programs described in Subsection
3466 58-67-807(4).
3467 (2) If a renewal period is extended or shortened under Section 58-67-303, the
3468 continuing education hours required for license renewal under this section are increased or
3469 decreased proportionally.
3470 (3) An application to renew a license under this chapter shall:
3471 (a) require a physician to answer the following question: "Do you perform elective
3472 abortions in Utah in a location other than a hospital?"; and
3473 (b) immediately following the question, contain the following statement: "For purposes
3474 of the immediately preceding question, elective abortion means an abortion other than one of
3475 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
3476 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
3477 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
3478 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
3479 the woman is pregnant as a result of rape or incest."
3480 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
3481 to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
3482 Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
3483 division shall, within 30 days after the day on which it renews the physician's license under this
3484 chapter, inform the Department of Health in writing:
3485 (a) of the name and business address of the physician; and
3486 (b) that the physician responded positively to the question described in Subsection
3487 (3)(a).
3488 (5) The division shall accept and apply toward the hour requirement in Subsection
3489 (1)(a) any continuing education that a physician completes in accordance with Sections
3490 26-61a-106, 26-61a-403, and [
3491 Section 58. Section 58-67-502 is amended to read:
3492 58-67-502. Unprofessional conduct.
3493 (1) "Unprofessional conduct" includes, in addition to the definition in Section
3494 58-1-501:
3495 (a) using or employing the services of any individual to assist a licensee in any manner
3496 not in accordance with the generally recognized practices, standards, or ethics of the
3497 profession, state law, or division rule;
3498 (b) making a material misrepresentation regarding the qualifications for licensure under
3499 Section 58-67-302.7 or Section 58-67-302.8;
3500 (c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
3501 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable; or
3502 (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
3503 (2) "Unprofessional conduct" does not include:
3504 (a) in compliance with Section 58-85-103:
3505 (i) obtaining an investigational drug or investigational device;
3506 (ii) administering the investigational drug to an eligible patient; or
3507 (iii) treating an eligible patient with the investigational drug or investigational device;
3508 or
3509 (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
3510 (i) when registered as a qualified medical provider, as that term is defined in Section
3511 26-61a-102, recommending the use of medical cannabis;
3512 (ii) when registered as a pharmacy medical provider, as that term is defined in Section
3513 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
3514 (iii) when registered as a state central [
3515 is defined in Section 26-61a-102, providing state central [
3516 services [
3517 (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
3518 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
3519 unprofessional conduct for a [
3520 Section 59. Section 58-68-304 is amended to read:
3521 58-68-304. License renewal requirements.
3522 (1) As a condition precedent for license renewal, each licensee shall, during each
3523 two-year licensure cycle or other cycle defined by division rule:
3524 (a) complete qualified continuing professional education requirements in accordance
3525 with the number of hours and standards defined by division rule in collaboration with the
3526 board;
3527 (b) appoint a contact person for access to medical records and an alternate contact
3528 person for access to medical records in accordance with Subsection 58-68-302(1)(j);
3529 (c) if the licensee practices osteopathic medicine in a location with no other persons
3530 licensed under this chapter, provide some method of notice to the licensee's patients of the
3531 identity and location of the contact person and alternate contact person for access to medical
3532 records for the licensee in accordance with Subsection 58-68-302(1)(k); and
3533 (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
3534 successfully complete the educational methods and programs described in Subsection
3535 58-68-807(4).
3536 (2) If a renewal period is extended or shortened under Section 58-68-303, the
3537 continuing education hours required for license renewal under this section are increased or
3538 decreased proportionally.
3539 (3) An application to renew a license under this chapter shall:
3540 (a) require a physician to answer the following question: "Do you perform elective
3541 abortions in Utah in a location other than a hospital?"; and
3542 (b) immediately following the question, contain the following statement: "For purposes
3543 of the immediately preceding question, elective abortion means an abortion other than one of
3544 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
3545 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
3546 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
3547 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
3548 the woman is pregnant as a result of rape or incest."
3549 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
3550 to the licensing of an abortion clinic, if a physician responds positively to the question
3551 described in Subsection (3)(a), the division shall, within 30 days after the day on which it
3552 renews the physician's license under this chapter, inform the Department of Health in writing:
3553 (a) of the name and business address of the physician; and
3554 (b) that the physician responded positively to the question described in Subsection
3555 (3)(a).
3556 (5) The division shall accept and apply toward the hour requirement in Subsection
3557 (1)(a) any continuing education that a physician completes in accordance with Sections
3558 26-61a-106, 26-61a-403, and [
3559 Section 60. Section 58-68-502 is amended to read:
3560 58-68-502. Unprofessional conduct.
3561 (1) "Unprofessional conduct" includes, in addition to the definition in Section
3562 58-1-501:
3563 (a) using or employing the services of any individual to assist a licensee in any manner
3564 not in accordance with the generally recognized practices, standards, or ethics of the
3565 profession, state law, or division rule;
3566 (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
3567 Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
3568 (c) making a material misrepresentation regarding the qualifications for licensure under
3569 Section 58-68-302.5; or
3570 (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
3571 (2) "Unprofessional conduct" does not include:
3572 (a) in compliance with Section 58-85-103:
3573 (i) obtaining an investigational drug or investigational device;
3574 (ii) administering the investigational drug to an eligible patient; or
3575 (iii) treating an eligible patient with the investigational drug or investigational device;
3576 or
3577 (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
3578 (i) when registered as a qualified medical provider, as that term is defined in Section
3579 26-61a-102, recommending the use of medical cannabis;
3580 (ii) when registered as a pharmacy medical provider, as that term is defined in Section
3581 26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
3582 (iii) when registered as a state central [
3583 is defined in Section 26-61a-102, providing state central [
3584 services [
3585 (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
3586 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
3587 unprofessional conduct for a [
3588 Section 61. Section 59-12-104.10 is amended to read:
3589 59-12-104.10. Exemption from sales tax for cannabis.
3590 (1) As used in this section:
3591 (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
3592 (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3593 (c) "Medical cannabis device" means the same as that term is defined in Section
3594 26-61a-102.
3595 (d) "Medical cannabis pharmacy" means the same as that term is defined in Section
3596 26-61a-102.
3597 (e) "Medicinal dosage form" means the same as that term is defined in Section
3598 26-61a-102.
3599 [
3600
3601 (2) In addition to the exemptions described in Section 59-12-104, the sale by a licensed
3602 medical cannabis pharmacy [
3603 following is not subject to the taxes this chapter imposes:
3604 (a) cannabis in a medicinal dosage form; or
3605 (b) a cannabis product in a medicinal dosage form.
3606 (3) The sale of a medical cannabis device by a medical cannabis pharmacy [
3607
3608 Section 62. Section 78A-2-231 is enacted to read:
3609 78A-2-231. Consideration of lawful use or possession of medical cannabis.
3610 (1) As used in this section:
3611 (a) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3612 (b) "Dosing parameters" means the same as that term is defined in Section 26-61a-102.
3613 (c) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
3614 (d) "Medical cannabis card" means the same as that term is defined in Section
3615 26-61a-102.
3616 (e) "Medical cannabis device" means the same as that term is defined in Section
3617 26-61a-102.
3618 (f) "Qualified medical provider" means the same as that term is defined in Section
3619 26-61a-102.
3620 (2) In any judicial proceeding in which a judge, panel, jury, or court commissioner
3621 makes a finding, determination, or otherwise considers an individual's possession or use of
3622 medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel, jury, or
3623 court commissioner may not consider or treat the individual's possession or use any differently
3624 than the lawful possession or use of any prescribed controlled substance if:
3625 (a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production
3626 Establishments;
3627 (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
3628 (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
3629 Medical Cannabis Act; and
3630 (ii) the individual reasonably complies with the dosing parameters determined by the
3631 individual's qualified medical provider or through a consultation described in Subsection
3632 26-61a-502(4) or (5).
3633 (3) Notwithstanding Sections 77-18-1 and 77-2a-3, for probation, release, a plea in
3634 abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of
3635 Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain
3636 from the use or possession of medical cannabis, a cannabis product, or a medical cannabis
3637 device, either directly or through a general prohibition on violating federal law, without an
3638 exception related to medical cannabis use, if the individual's use or possession complies with:
3639 (a) Title 26, Chapter 61a, Utah Medical Cannabis Act; or
3640 (b) Subsection 58-37-3.7(2) or (3).
3641 Section 63. Section 78A-6-115 is amended to read:
3642 78A-6-115. Hearings -- Record -- County attorney or district attorney
3643 responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
3644 evidence -- Medical Cannabis.
3645 (1) (a) A verbatim record of the proceedings shall be taken in all cases that might result
3646 in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
3647 also be made unless dispensed with by the court.
3648 (b) (i) Notwithstanding any other provision, including Title 63G, Chapter 2,
3649 Government Records Access and Management Act, a record of a proceeding made under
3650 Subsection (1)(a) shall be released by the court to any person upon a finding on the record for
3651 good cause.
3652 (ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
3653 court shall:
3654 (A) provide notice to all subjects of the record that a request for release of the record
3655 has been made; and
3656 (B) allow sufficient time for the subjects of the record to respond before making a
3657 finding on the petition.
3658 (iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
3659 court's jurisdiction over the subjects of the proceeding ended more than 12 months before the
3660 request.
3661 (iv) For purposes of this Subsection (1)(b):
3662 (A) "record of a proceeding" does not include documentary materials of any type
3663 submitted to the court as part of the proceeding, including items submitted under Subsection
3664 (4)(a); and
3665 (B) "subjects of the record" includes the child's guardian ad litem, the child's legal
3666 guardian, the Division of Child and Family Services, and any other party to the proceeding.
3667 (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
3668 prosecution district, the district attorney shall represent the state in any proceeding in a minor's
3669 case.
3670 (b) Subject to the attorney general's prosecutorial discretion in civil enforcement
3671 actions, the attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child and
3672 Family Services, and this chapter, relating to:
3673 (i) protection or custody of an abused, neglected, or dependent child; and
3674 (ii) petitions for termination of parental rights.
3675 (c) The attorney general shall represent the Division of Child and Family Services in
3676 actions involving a minor who is not adjudicated as abused or neglected, but who is receiving
3677 in-home family services under Section 78A-6-117.5. Nothing in this Subsection (2)(c) may be
3678 construed to affect the responsibility of the county attorney or district attorney to represent the
3679 state in those matters, in accordance with Subsection (2)(a).
3680 (3) The board may adopt special rules of procedure to govern proceedings involving
3681 violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
3682 involving offenses under Section 78A-6-606 are governed by that section regarding suspension
3683 of driving privileges.
3684 (4) (a) For the purposes of determining proper disposition of the minor in dispositional
3685 hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
3686 in hearings upon petitions for termination of parental rights, written reports and other material
3687 relating to the minor's mental, physical, and social history and condition may be received in
3688 evidence and may be considered by the court along with other evidence. The court may require
3689 that the person who wrote the report or prepared the material appear as a witness if the person
3690 is reasonably available.
3691 (b) For the purpose of determining proper disposition of a minor alleged to be or
3692 adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
3693 under Section 78A-6-315 may be received in evidence and may be considered by the court
3694 along with other evidence. The court may require any person who participated in preparing the
3695 dispositional report to appear as a witness, if the person is reasonably available.
3696 (5) (a) In an abuse, neglect, or dependency proceeding occurring after the
3697 commencement of a shelter hearing under Section 78A-6-306 or the filing of a petition under
3698 Section 78A-6-304, each party to the proceeding shall provide in writing to the other parties or
3699 their counsel any information which the party:
3700 (i) plans to report to the court at the proceeding; or
3701 (ii) could reasonably expect would be requested of the party by the court at the
3702 proceeding.
3703 (b) The disclosure required under Subsection (5)(a) shall be made:
3704 (i) for dispositional hearings under Sections 78A-6-311 and 78A-6-312, no less than
3705 five days before the proceeding;
3706 (ii) for proceedings under Chapter 6, Part 5, Termination of Parental Rights Act, in
3707 accordance with Utah Rules of Civil Procedure; and
3708 (iii) for all other proceedings, no less than five days before the proceeding.
3709 (c) If a party to a proceeding obtains information after the deadline in Subsection
3710 (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
3711 party certifies to the court that the information was obtained after the deadline.
3712 (d) Subsection (5)(a) does not apply to:
3713 (i) pretrial hearings; and
3714 (ii) the frequent, periodic review hearings held in a dependency drug court case to
3715 assess and promote the parent's progress in substance use disorder treatment.
3716 (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
3717 may, in its discretion, consider evidence of statements made by a child under eight years of age
3718 to a person in a trust relationship.
3719 (7) (a) As used in this Subsection (7):
3720 (i) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3721 (ii) "Dosing parameters" means the same as that term is defined in Section 26-61a-102.
3722 (iii) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
3723 (iv) "Medical cannabis cardholder" means the same as that term is defined in Section
3724 26-61a-102.
3725 (v) "Qualified medical provider" means the same as that term is defined in Section
3726 26-61a-102.
3727 (b) In any child welfare proceeding in which the court makes a finding, determination,
3728 or otherwise considers an individual's possession or use of medical cannabis, a cannabis
3729 product, or a medical cannabis device, the court may not consider or treat the individual's
3730 possession or use any differently than the lawful possession or use of any prescribed controlled
3731 substance Ŝ→ [
3731a (i) Title 4, Chapter 41a, Cannabis Production Establishments;
3731b (ii) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
3731c (iii) (A) the individual's possession or use complies with Title 26, Chapter 61a, Utah Medical
3731d Cannabis Act; and
3731e (B) the individual reasonably complies with the dosing parameters determined by the
3731f individual's qualified medical provider or through a consultation described in Subsection
3731g 26-61a-502(4) or (5). ←Ŝ
3732 (c) A parent's or guardian's use of medical cannabis or a cannabis product is not abuse
3733 or neglect of a child under Section 78A-6-105, nor is it contrary to the best interests of a child,
3734 if:
3735 (i) (A) for a medical cannabis cardholder after January 1, 2021, the parent's or
3736 guardian's possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act,
3737 and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably
3738 deviates from the dosing parameters determined by the parent's or guardian's qualified medical
3739 provider or through a consultation described in Subsection 26-61a-502(4) or (5); or
3740 (B) before January 1, 2021, the parent's or guardian's possession or use complies with
3741 Subsection 58-37-3.7(2) or (3); and
3742 (ii) (A) there is no evidence showing that the child has inhaled, ingested, or otherwise
3743 had cannabis introduced to the child's body; or
3744 (B) there is no evidence showing a nexus between the parent's or guardian's use of
3745 medical cannabis or a cannabis product and behavior that would separately constitute abuse or
3746 neglect of the child.
3747 Section 64. Repealer.
3748 This bill repeals:
3749 Section 26-61a-110, Qualified Distribution Enterprise Fund -- Creation.
3750 Section 26-61a-205, Lost or stolen medical cannabis card.
3751 Section 26-61a-608, Department to set state central fill medical cannabis pharmacy
3752 prices.
3753 Section 26-61a-609, Partial filling.
3754 Section 26-61a-610, Records -- Inspections.
3755 Section 26-61a-611, Advertising.
3756 Section 26-65-101, Title.
3757 Section 26-65-102, Definitions.
3758 Section 26-65-103, Medicinal dosage form.
3759 Section 26-65-201, Insurance coverage.
3760 Section 26-65-202, Rules -- Report to the Legislature.
3761 Section 65. Effective date.
3762 If approved by two-thirds of all the members elected to each house, this bill takes effect
3763 upon approval by the governor, or the day following the constitutional time limit of Utah
3764 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
3765 the date of veto override.
3766 Section 66. Revisor instructions.
3767 The Legislature intends that the Office of Legislative Research and General Counsel, in
3768 preparing the Utah Code database for publication, in Section 4-41a-201, replace the language
3769 from "the effective date of this bill" to the bill's actual effective date.