1     
MEDICAL CANNABIS AMENDMENTS

2     
2019 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: Brad M. Daw

6     

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 [or to], a cannabis
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 [the
217     state central fill] a medical cannabis [pharmacy] research licensee.

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          [(20)] (22) "Medical cannabis treatment" means the same as that term is defined in
259     Section 26-61a-102.
260          [(21)] (23) "Medicinal dosage form" means the same as that term is defined in Section
261     26-61a-102.
262          [(22)] (24) "Qualified medical provider" means the same as that term is defined in
263     Section 26-61a-102.
264          [(23)] (25) "Qualified Production Enterprise Fund" means the fund created in Section
265     4-41a-104.
266          [(24) "State central fill agent" means the same as that term is defined in Section
267     26-61a-102.]
268          [(25) "State central fill medical cannabis pharmacy" means the same as that term is
269     defined in Section 26-61a-102.]
270          [(26) "State central fill shipment" means the same as that term is defined in Section
271     26-61a-102.]

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[,] and each medical cannabis pharmacy[,
283     and the state central fill medical cannabis pharmacy] shall maintain an inventory control system
284     that meets the requirements of this section.
285          (2) A cannabis production establishment[,] and a medical cannabis pharmacy[, and the
286     state central fill medical cannabis pharmacy] shall ensure that the inventory control system
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[,] and a medical cannabis pharmacy[, and the
301     state central fill medical cannabis pharmacy] shall allow the department or the Department of
302     Health access to the cannabis production establishment's[,] or the medical cannabis
303     pharmacy's[, or state central fill medical cannabis pharmacy's] inventory control system at any
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), [and] (8), and (13) and to Section
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[, in accordance with] use the procedures in Title 63G, Chapter 6a,
323     Utah Procurement Code, [issue a license to operate a cannabis production establishment] to
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)](2)(a) or (b), where the applicant will operate the
341     cannabis production establishment [that is not within 1,000 feet of a community location or
342     within 600 feet of an area zoned primarily for residential use, as measured from the nearest
343     entrance to the cannabis production establishment by following the shortest route of ordinary
344     pedestrian travel to the property boundary of the community location or residential area, unless
345     the relevant county or municipality recommends in writing that the department waive the
346     community location proximity limit];
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) [evidence] a statement that the applicant [has obtained] will obtain and [maintains]
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          [(v) if the municipality or county where the proposed cannabis production
365     establishment would be located requires a local land use permit, a copy of the applicant's
366     approved application for the local land use permit; and]
367          [(vi)] (v) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
368     department sets in accordance with Section 63J-1-504[.]; and
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; [or]
416          (b) is younger than 21 years old[.]; or
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; [or]
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[.]; or
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          [(10)] (11) The department shall deposit the proceeds of a fee that the department
448     imposes under this section into the Qualified Production Enterprise Fund.
449          [(11)] (12) The department shall begin accepting applications under this part on or
450     before January 1, 2020.
451          [(12)] (13) (a) The department's authority to issue a license under this section is plenary
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 [(2)(c) or (d):(i)] (2)(c)(i) or (d)(ii), a cannabis
486     cultivation facility [that cultivates cannabis indoors] may not:
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; [and]
491          (ii) [a cannabis cultivation] for a facility that cultivates cannabis only outdoors [may
492     not], use more than four acres for cultivation[.]; and
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 [may not] shall issue at
532     least five but not more than [10] eight licenses to operate a cannabis cultivation facility.
533          (2) (a) The department may issue [up to five] a number of licenses to operate a cannabis
534     cultivation facility that, in addition to the [10] licenses described in Subsection (1), does not
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 [in a medicinal dosage form and cannabis products in
538     a medicinal dosage form], that each additional license is necessary to provide an adequate
539     supply, quality, or variety of medical cannabis [in a medicinal dosage form and cannabis
540     products in a medicinal dosage form] to medical cannabis cardholders.
541          (b) If the recipient of one of the initial [10] licenses described in Subsection (1) ceases

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, [the state central fill medical cannabis pharmacy] a medical
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) [Each] Except for an applicant reapplying for a cannabis production establishment
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 [third-party] certification standard that the department [designates by rule, in
632     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act] has reviewed and
633     approved.
634          (7) (a) The department shall ensure that the certification standard described in
635     Subsection (6) includes training:
636          [(a)] (i) in Utah medical cannabis law;
637          [(b)] (ii) for a cannabis cultivation facility agent, in cannabis cultivation best practices;
638          [(c)] (iii) for a cannabis processing facility agent, in cannabis processing,
639     manufacturing safety procedures for items for human consumption, and sanitation best
640     practices; and
641          [(d)] (iv) for an independent cannabis testing laboratory agent, in cannabis testing best
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[:(A)] a medical cannabis pharmacy; [or]
678     and
679          [(B) the state central fill medical cannabis pharmacy; and]
680          (c) if the cannabis production establishment agent is an agent of a cannabis
681     [cultivating] cultivation facility, the agent is transporting raw cannabis plants to a cannabis
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) [A] Except as provided in Subsection (2), (3), or (4), a cannabis production
714     establishment may not advertise to the general public in any medium.
715          (2) [Notwithstanding Subsection (1), a] A cannabis production establishment may
716     advertise an employment opportunity at the cannabis production [facility] establishment.
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 [cultivating] cultivation facility, when the agent is
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[; or].
763          [(D) the state central fill medical cannabis pharmacy.]
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          [(1)] (2) (a) If a municipality's or county's zoning ordinances provide for an industrial
792     zone, [the municipality or county shall ensure that the ordinances allow for cannabis
793     production establishments in at least one type of industrial zone.] the operation of a cannabis
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     [the municipality or county shall ensure that the ordinances allow for cannabis production
800     establishments in at least one type of agricultural zone.] the operation of a cannabis production
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          [(2) (a)] (3) A municipality or county may not [deny or revoke a land use permit to
808     operate a cannabis production facility]:
809          (a) on the sole basis that the applicant or cannabis production establishment violates
810     federal law regarding the legal status of cannabis[. (b) A municipality or county may not],
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 [on the sole basis that
814     the applicant or cannabis production establishment violates federal law regarding the legal
815     status of cannabis.];
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, [the
841     state central fill medical cannabis pharmacy,] a cannabis processing facility, or an independent
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 [or the state central fill medical cannabis pharmacy,] and a
854     medical cannabis pharmacy [and the state central fill medical cannabis pharmacy] may not
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     
Part 9. Academic Medical Cannabis Research

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; [and]
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[.]; and
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          [(7)] (8) "Cannabis production establishment agent" means the same as that term is
1023     defined in Section 4-41a-102.
1024          [(8)] (9) "Cannabis production establishment agent registration card" means the same
1025     as that term is defined in Section 4-41a-102.
1026          [(9)] (10) "Community location" means a public or private school, a licensed child-care
1027     facility or preschool, a church, a public library, a public playground, or a public park.

1028          [(10)] (11) "Department" means the Department of Health.
1029          [(11)] (12) "Designated caregiver" means an individual:
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          [(12)] (13) "Dosing parameters" means quantity, routes, and frequency of
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          [(13)] (16) "Independent cannabis testing laboratory" means the same as that term is
1043     defined in Section 4-41a-102.
1044          [(14)] (17) "Inventory control system" means the system described in Section
1045     4-41a-103.
1046          [(15) "Local health department" means the same as that term is defined in Section
1047     26A-1-102.]
1048          [(16) "Local health department distribution agent" means an agent designated and
1049     registered to distribute state central fill shipments under Sections 26-61a-606 and 26-61a-607.]
1050          [(17)] (18) "Marijuana" means the same as that term is defined in Section 58-37-2.
1051          [(18)] (19) "Medical cannabis" means cannabis in a medicinal dosage form or a
1052     cannabis product in a medicinal dosage form.
1053          [(19)] (20) "Medical cannabis card" means a medical cannabis patient card, a medical
1054     cannabis guardian card, or a medical cannabis caregiver card.

1055          [(20)] (21) "Medical cannabis cardholder" means a holder of a medical cannabis card.
1056          [(21)] (22) "Medical cannabis caregiver card" means an [official] electronic document
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          [(22)] (24) (a) "Medical cannabis device" means a device that an individual uses to
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          [(23)] (25) "Medical cannabis guardian card" means an [official] electronic document
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          [(24)] (26) "Medical cannabis patient card" means an [official] electronic document
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          [(25)] (27) "Medical cannabis pharmacy" means a person that:
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          [(26)] (28) "Medical cannabis pharmacy agent" means an individual who:
1090          (a) is an employee of a medical cannabis pharmacy; and
1091          (b) who holds a valid medical cannabis pharmacy agent registration card.
1092          [(27)] (29) "Medical cannabis pharmacy agent registration card" means a registration
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          [(28)] (31) "Medical cannabis treatment" means cannabis in a medicinal dosage form, a
1100     cannabis product in a medicinal dosage form, or a medical cannabis device.
1101          [(29)] (32) (a) "Medicinal dosage form" means:
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 [(29)] (32)(a)(i), a resin or
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 [(29)] (32)(a)(ii) for use; and
1125          (ii) does not exceed the quantity described in Subsection [(29)] (32)(a)(ii).
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 [(29)] (32)(b); or
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          [(30)] (34) "Pharmacy medical provider" means the medical provider required to be on
1135     site at a medical cannabis pharmacy under Section 26-61a-403.

1136          [(31)] (35) "Provisional patient card" means a card that:
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          [(32)] (36) "Qualified medical provider" means an individual who is qualified to
1143     recommend treatment with cannabis in a medicinal dosage form under Section 26-61a-106.
1144          [(33) "Qualified Distribution Enterprise Fund" means the enterprise fund created in
1145     Section 26-61a-110.]
1146          [(34)] (37) "Qualified Patient Enterprise Fund" means the enterprise fund created in
1147     Section 26-61a-109.
1148          [(35)] (38) "Qualifying condition" means a condition described in Section 26-61a-104.
1149          [(36) "State central fill agent" means an employee of the state central fill medical
1150     cannabis pharmacy that the department registers in accordance with Section 26-61a-602.]
1151          [(37) "State central fill medical cannabis pharmacy" means the central fill pharmacy
1152     that the department creates in accordance with Section 26-61a-601.]
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          [(38)] (40) "State central [fill medical provider] patient portal medical provider" means
1157     a physician or pharmacist that the [state central fill medical cannabis pharmacy] department
1158     employs in relation to the state central patient portal to consult with medical cannabis
1159     cardholders in accordance with Section [26-61a-601] 26-61a-602.
1160          [(39) "State central fill shipment" means a shipment of cannabis in a medicinal dosage
1161     form, cannabis product in a medicinal dosage form, or a medical cannabis device that the state
1162     central fill medical cannabis pharmacy prepares and ships for distribution to a medical cannabis

1163     cardholder in a local health department.]
1164          [(40)] (41) "State electronic verification system" means the system described in Section
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          [(iv) at the request of a medical cannabis cardholder, initiate a state central fill
1210     shipment in accordance with Section 26-61a-603;]
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 [and the state central
1215     fill medical cannabis pharmacy use] uses to track in real time and archive purchases of any
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 [the
1222     state central fill] any medical cannabis [pharmacy] courier associated with the cannabis,
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 [fill medical cannabis
1248     pharmacy, state central fill agents, and local health department distribution agents, to facilitate
1249     the state central fill shipment process] patient portal;
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 [de-identified] limited data that the system collects for
1257     the purpose of:
1258          (a) conducting medical and other department approved research; [and]
1259          (b) providing the report required by Section 26-61a-703[.]; and
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 [or a state central fill medical provider]; or
1330          (ii) an owner, officer, director, board member, employee, or agent of a cannabis
1331     production establishment [or], a medical cannabis pharmacy, or a medical cannabis courier.
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 [or a state
1456     central fill medical provider]; and
1457          (ii) who dispenses, in a medical cannabis pharmacy [or the state central fill medical
1458     cannabis pharmacy], treatment with cannabis in a medicinal dosage form or a cannabis product
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[, except for the responsibilities described in Subsection
1480     26-61a-110(4)].
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 [opioids and opiates] any prescribed controlled
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 [that is a valid
1606     United States federal- or state-issued photo identification, including a driver license, a United
1607     States passport, a United States passport card, or a United States military identification card];
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 [neither] a licensed medical cannabis pharmacy [nor the state central fill medical
1702     cannabis pharmacy] is not operating within the state after January 1, 2021, a cardholder under

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[,] to the department a request to conduct a [medical]
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 [medical] research study [is valid].
1725          (c) [If the department makes a determination under Subsection (10)(b) that the medical
1726     research study is valid,] At the time an individual applies for a medical cannabis card, the
1727     department shall notify [each relevant] the individual:
1728          (i) of how the individual's information will be used as a cardholder [asking for];
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 [the study] external research at any time.
1737          [(d)] (e) The department may release, for the purposes of a study described in this
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          [(e)] (g) The department may establish standards for a medical research study's
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 [neither] a licensed medical cannabis pharmacy [nor the state central fill medical
1770     cannabis pharmacy] is not operating within the state after January 1, 2021, is not subject to
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) [Each] Except for an applicant reapplying for a medical cannabis card within less
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 [or the state central fill
1874     medical cannabis pharmacy]; and
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[,] issue a license to operate a medical cannabis pharmacy in accordance with Title 63G,
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) [evidence] a statement that the applicant [has obtained] will obtain and [maintains]
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; [and]
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          [(v) if the municipality or county where the proposed medical cannabis pharmacy
1955     would be located requires a local land use permit, a copy of the person's approved application
1956     for the local land use permit; and]
1957          [(vi)] (v) an application fee in an amount that, subject to Subsection 26-61a-109(5), the
1958     department sets in accordance with Section 63J-1-504[.]; and
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 [an area] a district that the relevant municipality or county
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          [(ii)] (iv) An applicant for a license under this section shall provide evidence of
1975     compliance with the proximity [requirement] requirements described in Subsection (2)(c)(i).
1976          [(d) Except as provided in Subsection (2)(c), a medical cannabis pharmacy is a
1977     permitted use in all zoning districts within a municipality or county.]
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 [determines that] selects an applicant [is eligible] for a medical
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; [or]
1995          (b) is younger than 21 years old[.]; or
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; [or]
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[.]; or
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          [(7)] (8) The department shall deposit the proceeds of a fee imposed by this section in

2027     the Qualified Patient Enterprise Fund.
2028          [(8)] (9) The department shall begin accepting applications under this part on or before
2029     March 1, 2020.
2030          [(9)] (10) (a) The department's authority to issue a license under this section is plenary
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 [for] to whom the department issues a notice of intent to award a
2040     license to operate as a medical cannabis pharmacy shall submit, [at the time of application]
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; [and]
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[.]; and
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 [Subsection] Subsections (1)(b) or (d), if a sufficient
2099     number of applicants apply, the department [may not] shall issue [more than seven] 14 medical
2100     cannabis pharmacy licenses in accordance with this section.
2101          [(b) (i) In addition to the licenses described in Subsection (1)(a), the department shall
2102     issue an eighth license if the state central fill medical cannabis pharmacy:]
2103          [(A) is not operational by January 1, 2021; or]
2104          [(B) ceases operations after January 1, 2021.]
2105          [(ii) In addition to the licenses described in Subsections (1)(a) and (1)(b)(i), the
2106     department shall issue a ninth license if the state central fill medical cannabis pharmacy:]
2107          [(A) is not operational by July 1, 2021; or]

2108          [(B) ceases operations after July 1, 2021.]
2109          [(iii) In addition to the licenses described in Subsections (1)(a), (1)(b)(i), and (1)(b)(ii),
2110     the department shall issue a tenth license if the state central fill medical cannabis pharmacy:]
2111          [(A) is not operational by January 1, 2022; or]
2112          [(B) ceases operations after January 1, 2022.]
2113          [(iv) The department shall issue the licenses described in Subsection (1)(b)(i), (ii), and
2114     (iii), if a final order of a court enjoins or invalidates the operation of the state central fill
2115     medical cannabis pharmacy.]
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          [(a)] (i) evaluate each applicant and award the license to the applicant that best
2150     demonstrates:
2151          [(i)] (A) experience with establishing and successfully operating a business that
2152     involves complying with a regulatory environment, tracking inventory, and training, evaluating,
2153     and monitoring employees;
2154          [(ii)] (B) an operating plan that will best ensure the safety and security of patrons and
2155     the community;
2156          [(iii)] (C) positive connections to the local community;
2157          [(iv)] (D) the suitability of the proposed location and the location's accessibility for
2158     qualifying patients; [and]
2159          [(v)] (E) the extent to which the applicant can reduce the cost of cannabis or cannabis
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          [(b)] (ii) ensure a geographic dispersal among licensees that is sufficient to reasonably
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, [the following individuals, regardless of
2208     the individual's status as] a qualified medical provider[,] may not act as a medical cannabis
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          [(a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
2213     Practice Act;]
2214          [(b) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2215     Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or]

2216          [(c) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
2217     Assistant Act.]
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) [Each] Except for an applicant reapplying for a medical cannabis pharmacy agent
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 [fill]
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 [that is a valid United States
2388     federal- or state-issued photo identification, including a driver license, a United States passport,
2389     a United States passport card, or a United States military identification card].
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 [12] 28-day period, more than the
2394     lesser of:
2395          [(i) an amount sufficient to provide 14 days of treatment based on the dosing
2396     parameters that the relevant qualified medical provider recommends; or]
2397          [(ii) (A) 56 grams by weight of unprocessed cannabis that is in a medicinal dosage form
2398     and that carries a label clearly displaying the amount of tetrahydrocannabinol and cannabidiol
2399     in the cannabis; or]
2400          [(B) an amount of cannabis products that is in a medicinal dosage form and that
2401     contains, in total, greater than 10 grams of total composite tetrahydrocannabinol;]
2402          [(b) to a medical cannabis cardholder whose primary residence is located more than
2403     100 miles from the nearest medical cannabis pharmacy or local health department, in any one
2404     28-day period, more than the lesser of:]

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          [(c)] (b) to an individual whose qualified medical provider did not recommend dosing
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 [12-day] 28-day period; or
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          [(5)] (6) A medical cannabis pharmacy shall:
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 [(5)] (6)(a)(i) indicates that the individual has met
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          [(6)] (7) (a) Except as provided in Subsection [(6)] (7)(b), a medical cannabis
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          [(7)] (8) A medical cannabis pharmacy may not give, at no cost, a product that the
2474     medical cannabis pharmacy is allowed to sell under Subsection (1).
2475          [(8)] (9) The department may impose a uniform fee on each medical cannabis
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) [A] Notwithstanding any municipal or county ordinance prohibiting signage, a
2507     medical cannabis pharmacy may use signage on the outside of the medical cannabis pharmacy
2508     that:
2509          (a) includes only:
2510          [(a)] (i) the medical cannabis pharmacy's name and hours of operation; and
2511          [(b)] (ii) a green cross[.];
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          [(b) a registered state central fill agent;]
2529          [(c)] (b) a registered medical cannabis courier [for a state central fill shipment
2530     described in Section 26-61a-605] agent; or
2531          [(d)] (c) a medical cannabis cardholder who is transporting a medical cannabis
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 [(3)(a)] (1)(a) is limited to
2549     transportation[: (i) ] between a medical cannabis pharmacy and:
2550          (i) another medical cannabis pharmacy; [and] or
2551          (ii) for a medical cannabis shipment, a medical cannabis cardholder's home address.
2552          [(ii) between the state central fill medical cannabis pharmacy and:]
2553          [(A) another state central fill medical cannabis pharmacy location; or]
2554          [(B) a local health department.]
2555          (4) (a) It is unlawful for a registered medical cannabis pharmacy agent[,] or a registered
2556     [state central fill] medical cannabis courier agent[, or a courier described in Section
2557     26-61a-605] to make a transport described in this section with a manifest that does not meet the
2558     requirements of this section.
2559          (b) Except as provided in Subsection (4)(d), an agent [or courier] who violates
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          [(1) (a) (i) Except as provided in Subsection (1)(a)(ii), to be eligible to obtain or
2575     maintain a license under Section 26-61a-301, a person shall demonstrate that the intended
2576     medical cannabis pharmacy location is located at least:]
2577          [(A) 600 feet from a community location's property boundary following the shortest
2578     route of ordinary pedestrian travel;]
2579          [(B) 200 feet from the patron entrance to the community location's property boundary;
2580     and]
2581          [(C) 600 feet from an area zoned primarily residential.]
2582          [(ii) A municipal or county land use authority may recommend in writing that the
2583     department waive the community location proximity requirement described in Subsection
2584     (1)(a)(i).]
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          [(b) (i)] (2) A municipality or county may not [deny or revoke a land use permit to
2593     operate a medical cannabis pharmacy]:

2594          (a) on the sole basis that the applicant or medical cannabis pharmacy violates federal
2595     law regarding the legal status of cannabis[. (ii) A municipality or county may not], deny or
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 [on the sole basis that
2600     the applicant or medical cannabis pharmacy violates federal law regarding the legal status of
2601     cannabis.];
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          [(2)] (3) A municipality or county may enact an ordinance that:
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 [state central fill medical cannabis pharmacy] department shall ensure that [the
2799     state central fill] each home delivery medical cannabis pharmacy is capable of delivering,
2800     directly or through a medical cannabis courier, medical cannabis shipments in a secure
2801     manner[, cannabis in medicinal dosage form, a cannabis product in medicinal dosage form, and
2802     a medical cannabis device to each local health department in the state within two business days
2803     after the day on which the state central fill medical cannabis pharmacy receives a request for a
2804     state central fill shipment resulting from a recommendation of a qualified medical provider
2805     under Section 26-61a-603].
2806          (2) (a) [The department] A home delivery medical cannabis pharmacy may contract
2807     with a [private entity for the entity to serve as a courier for the state central fill medical
2808     cannabis pharmacy, delivering state central fill] licensed medical cannabis courier to deliver
2809     medical cannabis shipments to [local health departments for distribution to medical cannabis

2810     cardholders] fulfill electronic medical cannabis orders that the state central patient portal
2811     facilitates.
2812          (b) If [the department] a home delivery medical cannabis pharmacy enters into a
2813     contract described in Subsection (2)(a), the [department] pharmacy shall:
2814          [(i) issue the contract described in Subsection (2)(a) in accordance with Title 63G,
2815     Chapter 6a, Utah Procurement Code;]
2816          [(ii)] (i) impose security and personnel requirements on the [contracted private entity]
2817     medical cannabis courier sufficient to ensure the security and safety of [state central fill]
2818     medical cannabis shipments; and
2819          [(iii)] (ii) provide regular oversight of the [contracted private entity] medical cannabis
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 [state central fill] medical
2823     cannabis shipment unless the individual is:
2824          (a) a registered [state central fill] medical cannabis pharmacy agent; or
2825          (b) [an] a registered agent of the [private] medical cannabis courier described in
2826     Subsection (2).
2827          (4) An individual transporting a [state central fill] medical cannabis shipment under
2828     Subsection (3) shall possess a transportation manifest that:
2829          (a) includes a unique identifier that links the [state central fill] medical cannabis
2830     shipment to a relevant inventory control system;
2831          (b) includes origin and destination information for [a state central fill] the medical
2832     cannabis shipment the individual is transporting; and
2833          (c) indicates the departure and arrival times and locations of the individual transporting
2834     the [state central fill] medical cannabis shipment.
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 [state central fill] medical cannabis shipments
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 [state central fill] medical cannabis
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 [local health department distribution] medical
2859     cannabis courier agent unless:
2860          (a) the individual is an employee of a [local health department] licensed medical
2861     cannabis courier; and
2862          (b) the department registers the individual as a [local health department distribution]
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 [local health department] medical cannabis courier on
2866     behalf of a [prospective local health department distribution] medical cannabis courier agent,
2867     register and issue a [local health department distribution] medical cannabis courier agent
2868     registration card to the prospective agent if the [local health department] medical cannabis
2869     courier:
2870          (i) provides to the department:
2871          (A) the prospective agent's name and address;
2872          (B) the name and [location] address of the [local health department where the
2873     prospective agent seeks to act as a local health department distribution agent] medical cannabis
2874     courier; [and]
2875          (C) 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          [(C)] (D) the submission required under Subsection (2)(b); [and]
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[.]; and
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) [Each] Except for an applicant reapplying for a medical cannabis courier agent
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 [local health department

2918     distribution] medical cannabis courier agent registration card the name of the [local health
2919     department] medical cannabis courier where the individual is registered as an agent and each
2920     home delivery medical cannabis courier for which the medical cannabis courier delivers
2921     medical cannabis shipments.
2922          (4) (a) A [local health department distribution] medical cannabis courier agent shall
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 [state central fill] medical cannabis [pharmacy] shipment process; and
2932          (iii) [local health department distribution] medical cannabis courier agent best
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          [(5)] (6) The department may revoke or refuse to issue or renew the [local health
2947     department distribution] medical cannabis courier agent registration card of an individual who:
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          [(6)] (7) A [local health department distribution] medical cannabis courier agent [who]
2953     whom the department has registered under this section shall carry the agent's [local health
2954     department distribution] medical cannabis courier agent registration card with the agent at all
2955     times when:
2956          (a) the agent is on the premises of the [local health department] medical cannabis
2957     courier, a medical cannabis pharmacy, or a medical cannabis cardholder's home address; and
2958          (b) the agent is handling a medical cannabis shipment [of cannabis or cannabis product
2959     from the state central fill medical cannabis pharmacy].
2960          [(7)] (8) If a [local health department distribution] medical cannabis courier agent
2961     handling a medical cannabis shipment [of cannabis or cannabis product from the state central
2962     fill medical cannabis pharmacy] possesses the shipment in compliance with Subsection [(6)]
2963     (7):
2964          (a) there is a rebuttable presumption that the agent possesses the shipment legally; and
2965          (b) there is no probable cause, based solely on the agent's possession of the medical
2966     cannabis shipment [containing medical cannabis in medicinal dosage form, a cannabis product
2967     in medicinal dosage form, or a medical cannabis device,] that the agent is engaging in illegal
2968     activity.
2969          [(8)] (9) (a) A [local health department distribution] medical cannabis courier agent
2970     who violates Subsection [(6)] (7) is:
2971          (i) guilty of an infraction; and

2972          (ii) subject to a $100 fine.
2973          (b) An individual who is guilty of a violation described in Subsection [(8)(a)] (9)(a) is
2974     not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
2975     conduct underlying the violation described in Subsection [(8)(a)] (9)(a).
2976          Section 47. Section 26-61a-607 is amended to read:
2977          26-61a-607. Home delivery of medical cannabis shipments.
2978          [(1) Each local health department shall designate:]
2979          [(a) one or more of the local health department's locations as a state central fill
2980     shipment distribution location; and]
2981          [(b) a sufficient number of personnel to ensure that at least one individual is available
2982     at all times during business hours:]
2983          [(i) whom the department has registered as a local health department distribution agent;
2984     and]
2985          [(ii) to distribute state central fill shipments to medical cannabis cardholders in
2986     accordance with this section.]
2987          [(2)] (1) An individual may not [retrieve a] receive and a medical cannabis pharmacy
2988     agent or a medical cannabis courier agent may not deliver a medical cannabis shipment from
2989     [the state central fill] a home delivery medical cannabis pharmacy [at a local health
2990     department] unless:
2991          (a) the individual receiving the shipment presents:
2992          [(a)] (i) a valid form of photo identification [that is a valid United States federal- or
2993     state-issued photo identification, including a driver license, a United States passport, a United
2994     States passport card, or a United States military identification card]; and
2995          [(b)] (ii) a valid medical cannabis card under the same name that appears on the valid
2996     form of photo identification [described in Subsection (2)(a).]; and
2997          (b) the delivery occurs at the medical cannabis cardholder's home address that is on file
2998     in the state electronic verification system.

2999          [(3)] (2) Before a [local health department distribution] medical cannabis pharmacy
3000     agent or a medical cannabis courier agent distributes a [state central fill] medical cannabis
3001     shipment to a medical cannabis cardholder, the [local health department distribution] agent
3002     shall:
3003          (a) verify the shipment information using the state electronic verification system;
3004          (b) ensure that the individual satisfies the identification requirements in Subsection
3005     [(2)] (1);
3006          (c) verify that payment is complete; and
3007          (d) record the completion of the shipment transaction in the electronic verification
3008     system.
3009          [(4)] (3) The [local health department] medical cannabis courier shall:
3010          (a) (i) store each [state central fill] medical cannabis shipment [that the local health
3011     department receives,] in a secure manner until the recipient medical cannabis cardholder
3012     [retrieves] receives the shipment or the [local health department] medical cannabis courier
3013     returns the shipment to the [state central fill] home delivery medical cannabis pharmacy in
3014     accordance with Subsection [(5), in a single, secure, locked area that is equipped with a
3015     security system that detects and records entry into the area] (4); and
3016          (ii) ensure that only a [local health department distribution] medical cannabis courier
3017     agent is able to access the [area] medical cannabis shipment until the recipient medical
3018     cannabis cardholder receives the shipment;
3019          (b) return any [unclaimed state central fill] undelivered medical cannabis shipment to
3020     the [state central fill] home delivery medical cannabis pharmacy, in accordance with
3021     Subsection [(5)(a)] (4), after the [local health department] medical cannabis courier has
3022     possessed the [state central fill] shipment for 10 business days; and
3023          (c) return any [state central fill] medical cannabis shipment to the [state central fill]
3024     home delivery medical cannabis pharmacy, in accordance with Subsection [(5)(b)] (4), if a
3025     medical cannabis cardholder [returns] refuses to accept the shipment [to the local health

3026     department after retrieving the shipment].
3027          [(5)] (4) (a) If a [local health department] medical cannabis courier or home delivery
3028     medical cannabis pharmacy agent returns an [unclaimed state central fill] undelivered medical
3029     cannabis shipment [under Subsection (4)(b)] that remains unopened, the [state central fill]
3030     home delivery medical cannabis pharmacy may repackage or otherwise reuse the shipment [for
3031     another state central fill shipment].
3032          (b) If a [local health department] medical cannabis courier or home delivery medical
3033     cannabis pharmacy agent returns [a returned state central fill] an undelivered or refused
3034     medical cannabis shipment under Subsection [(4)(c)] (3) that appears to be opened in any way,
3035     the [state central fill] home delivery medical cannabis pharmacy shall dispose of the [returned]
3036     shipment by:
3037          (i) rendering the [state central fill] shipment unusable and unrecognizable before
3038     transporting the shipment from the [state central fill] home delivery medical cannabis
3039     pharmacy; and
3040          (ii) disposing of the [state central fill] shipment in accordance with:
3041          (A) federal and state laws, rules, and regulations related to hazardous waste;
3042          (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
3043          (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
3044          (D) other regulations that the department makes in accordance with Title 63G, Chapter
3045     3, Utah Administrative Rulemaking Act.
3046          Section 48. Section 26-61a-702 is amended to read:
3047          26-61a-702. Enforcement -- Fine -- Citation.
3048          (1) (a) The department may, for a medical cannabis pharmacy's violation of this chapter
3049     or an applicable administrative rule:
3050          (i) revoke the medical cannabis pharmacy license;
3051          (ii) refuse to renew the medical cannabis pharmacy license; or
3052          (iii) assess the medical cannabis pharmacy an administrative penalty.

3053          (b) The department may, for a medical cannabis pharmacy agent's or [state central fill]
3054     medical cannabis courier agent's violation of this chapter:
3055          (i) revoke the medical cannabis pharmacy agent or [state central fill] medical cannabis
3056     courier agent registration card;
3057          (ii) refuse to renew the medical cannabis pharmacy agent or [state central fill] medical
3058     cannabis courier agent registration card; or
3059          (iii) assess the medical cannabis pharmacy agent or [state central fill] medical cannabis
3060     courier agent an administrative penalty.
3061          (2) The department shall deposit an administrative penalty imposed under this section
3062     into the General Fund.
3063          (3) For a person subject to an uncontested citation, a stipulated settlement, or a finding
3064     of a violation in an adjudicative proceeding under this section, the department may:
3065          (a) for a fine amount not already specified in law, assess the person a fine of up to
3066     $5,000 per violation, in accordance with a fine schedule that the department establishes by rule
3067     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
3068          (b) order the person to cease and desist from the action that creates a violation.
3069          (4) The department may not revoke a medical cannabis pharmacy's license or a medical
3070     cannabis courier's license without first directing the medical cannabis pharmacy or a medical
3071     cannabis courier's license to appear before an adjudicative proceeding conducted under Title
3072     63G, Chapter 4, Administrative Procedures Act.
3073          (5) If, within 20 calendar days after the day on which the department issues a citation
3074     for a violation of this chapter, the person that is the subject of the citation fails to request a
3075     hearing to contest the citation, the citation becomes the department's final order.
3076          (6) The department may, for a person who fails to comply with a citation under this
3077     section:
3078          (a) refuse to issue or renew the person's license or agent registration card; or
3079          (b) suspend, revoke, or place on probation the person's license or agent registration

3080     card.
3081          (7) (a) Except where a criminal penalty is expressly provided for a specific violation of
3082     this chapter, if an individual violates a provision of this chapter, the individual is:
3083          (i) guilty of an infraction; and
3084          (ii) subject to a $100 fine.
3085          (b) An individual who is guilty of a violation described in Subsection (7)(a) is not
3086     guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
3087     underlying the violation described in Subsection (7)(a).
3088          Section 49. Section 26-61a-703 is amended to read:
3089          26-61a-703. Report.
3090          (1) By the November interim meeting each year beginning in 2020, the department
3091     shall report to the Health and Human Services Interim Committee on:
3092          (a) the number of applications and renewal applications filed for medical cannabis
3093     cards;
3094          (b) the number of qualifying patients and designated caregivers;
3095          (c) the nature of the debilitating medical conditions of the qualifying patients;
3096          (d) the age and county of residence of cardholders;
3097          (e) the number of medical cannabis cards revoked;
3098          (f) the number of practitioners providing recommendations for qualifying patients;
3099          (g) the number of license applications and renewal license applications received;
3100          (h) the number of licenses the department has issued in each county;
3101          (i) the number of licenses the department has revoked;
3102          (j) the quantity [and timeliness of state central fill] of medical cannabis shipments[,
3103     including the amount of time between recommendation to] that the state central [fill medical
3104     cannabis pharmacy and arrival of a state central fill shipment at a local health department]
3105     patient portal facilitates;
3106          [(k) the market share of state central fill shipments;]

3107          (k) the number of overall purchases of medical cannabis and medical cannabis products
3108     from each medical cannabis pharmacy;
3109          (l) the expenses incurred and revenues generated from the medical cannabis program;
3110     and
3111          [(m) the expenses incurred and revenues generated from the state central fill medical
3112     cannabis pharmacy, including a profit and loss statement; and]
3113          [(n)] (m) an analysis of product availability[, including the price differential between
3114     comparable products,] in medical cannabis pharmacies [and the state central fill medical
3115     cannabis pharmacy].
3116          (2) The department may not include personally identifying information in the report
3117     described in this section.
3118          Section 50. Section 30-3-10 is amended to read:
3119          30-3-10. Custody of a child -- Custody factors.
3120          (1) If a married couple having one or more minor children are separated, or the married
3121     couple's marriage is declared void or dissolved, the court shall enter, and has continuing
3122     jurisdiction to modify, an order of custody and parent-time.
3123          (2) In determining any form of custody and parent-time under Subsection (1), the court
3124     shall consider the best interest of the child and may consider among other factors the court
3125     finds relevant, the following for each parent:
3126          (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
3127     abuse, involving the child, the parent, or a household member of the parent;
3128          (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
3129     the developmental needs of the child, including the child's:
3130          (i) physical needs;
3131          (ii) emotional needs;
3132          (iii) educational needs;
3133          (iv) medical needs; and

3134          (v) any special needs;
3135          (c) the parent's capacity and willingness to function as a parent, including:
3136          (i) parenting skills;
3137          (ii) co-parenting skills, including:
3138          (A) ability to appropriately communicate with the other parent;
3139          (B) ability to encourage the sharing of love and affection; and
3140          (C) willingness to allow frequent and continuous contact between the child and the
3141     other parent, except that, if the court determines that the parent is acting to protect the child
3142     from domestic violence, neglect, or abuse, the parent's protective actions may be taken into
3143     consideration; and
3144          (iii) ability to provide personal care rather than surrogate care;
3145          (d) in accordance with Subsection (10), the past conduct and demonstrated moral
3146     character of the parent;
3147          (e) the emotional stability of the parent;
3148          (f) the parent's inability to function as a parent because of drug abuse, excessive
3149     drinking, or other causes;
3150          (g) whether the parent has intentionally exposed the child to pornography or material
3151     harmful to minors, as "material" and "harmful to minors" are defined in Section 76-10-1201;
3152          (h) the parent's reasons for having relinquished custody or parent-time in the past;
3153          (i) duration and depth of desire for custody or parent-time;
3154          (j) the parent's religious compatibility with the child;
3155          (k) the parent's financial responsibility;
3156          (l) the child's interaction and relationship with step-parents, extended family members
3157     of other individuals who may significantly affect the child's best interests;
3158          (m) who has been the primary caretaker of the child;
3159          (n) previous parenting arrangements in which the child has been happy and
3160     well-adjusted in the home, school, and community;

3161          (o) the relative benefit of keeping siblings together;
3162          (p) the stated wishes and concerns of the child, taking into consideration the child's
3163     cognitive ability and emotional maturity;
3164          (q) the relative strength of the child's bond with the parent, meaning the depth, quality,
3165     and nature of the relationship between the parent and the child; and
3166          (r) any other factor the court finds relevant.
3167          (3) There is a rebuttable presumption that joint legal custody, as defined in Section
3168     30-3-10.1, is in the best interest of the child, except in cases when there is:
3169          (a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
3170     abuse involving the child, a parent, or a household member of the parent;
3171          (b) special physical or mental needs of a parent or child, making joint legal custody
3172     unreasonable;
3173          (c) physical distance between the residences of the parents, making joint decision
3174     making impractical in certain circumstances; or
3175          (d) any other factor the court considers relevant including those listed in this section
3176     and Section 30-3-10.2.
3177          (4) (a) The person who desires joint legal custody shall file a proposed parenting plan
3178     in accordance with Sections 30-3-10.8 and 30-3-10.9.
3179          (b) A presumption for joint legal custody may be rebutted by a showing by a
3180     preponderance of the evidence that it is not in the best interest of the child.
3181          (5) (a) A child may not be required by either party to testify unless the trier of fact
3182     determines that extenuating circumstances exist that would necessitate the testimony of the
3183     child be heard and there is no other reasonable method to present the child's testimony.
3184          (b) (i) The court may inquire of the child's and take into consideration the child's
3185     desires regarding future custody or parent-time schedules, but the expressed desires are not
3186     controlling and the court may determine the child's custody or parent-time otherwise.
3187          (ii) The desires of a child 14 years of age or older shall be given added weight, but is

3188     not the single controlling factor.
3189          (c) (i) If an interview with a child is conducted by the court pursuant to Subsection
3190     (5)(b), the interview shall be conducted by the judge in camera.
3191          (ii) The prior consent of the parties may be obtained but is not necessary if the court
3192     finds that an interview with a child is the only method to ascertain the child's desires regarding
3193     custody.
3194          (6) (a) Except as provided in Subsection (6)(b), a court may not discriminate against a
3195     parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining
3196     whether a substantial change has occurred for the purpose of modifying an award of custody.
3197          (b) The court may not consider the disability of a parent as a factor in awarding custody
3198     or modifying an award of custody based on a determination of a substantial change in
3199     circumstances, unless the court makes specific findings that:
3200          (i) the disability significantly or substantially inhibits the parent's ability to provide for
3201     the physical and emotional needs of the child at issue; and
3202          (ii) the parent with a disability lacks sufficient human, monetary, or other resources
3203     available to supplement the parent's ability to provide for the physical and emotional needs of
3204     the child at issue.
3205          (c) Nothing in this section may be construed to apply to adoption proceedings under
3206     Title 78B, Chapter 6, Part 1, Utah Adoption Act.
3207          (7) This section does not establish a preference for either parent solely because of the
3208     gender of the parent.
3209          (8) This section establishes neither a preference nor a presumption for or against joint
3210     physical custody or sole physical custody, but allows the court and the family the widest
3211     discretion to choose a parenting plan that is in the best interest of the child.
3212          (9) When an issue before the court involves custodial responsibility in the event of a
3213     deployment of one or both parents who are servicemembers, and the servicemember has not yet
3214     been notified of deployment, the court shall resolve the issue based on the standards in Sections

3215     78B-20-306 through 78B-20-309.
3216          (10) In considering the past conduct and demonstrated moral standards of each party
3217     under Subsection (2)(d) or any other factor a court finds relevant, the court may not:
3218          (a) consider or treat a parent's lawful possession or use of cannabis in a medicinal
3219     dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in
3220     accordance with Title 4, Chapter 41a, Cannabis Production Establishments, Title 26, Chapter
3221     61a, Utah Medical Cannabis Act, or Subsection 58-37-3.7(2) or (3) any differently than the
3222     court would consider or treat the lawful possession or use of [an opioid or opiate] any
3223     prescribed controlled substance; or
3224          (b) discriminate against a parent because of the parent's status as a:
3225          (i) cannabis production establishment agent, as that term is defined in Section
3226     4-41a-102;
3227          (ii) medical cannabis pharmacy agent, as that term is defined in Section 26-61a-102;
3228          (iii) [state central fill] medical cannabis courier agent, as that term is defined in Section
3229     26-61a-102; or
3230          (iv) medical cannabis cardholder in accordance with Title 26, Chapter 61a, Utah
3231     Medical Cannabis Act.
3232          Section 51. Section 58-17b-302 is amended to read:
3233          58-17b-302. License required -- License classifications for pharmacy facilities.
3234          (1) A license is required to act as a pharmacy, except:
3235          (a) as specifically exempted from licensure under Section 58-1-307; and
3236          (b) for the operation of a medical cannabis pharmacy [or the state central fill medical
3237     cannabis pharmacy] under Title 26, Chapter 61a, Utah Medical Cannabis Act.
3238          (2) The division shall issue a pharmacy license to a facility that qualifies under this
3239     chapter in the classification of a:
3240          (a) class A pharmacy;
3241          (b) class B pharmacy;

3242          (c) class C pharmacy;
3243          (d) class D pharmacy;
3244          (e) class E pharmacy; or
3245          (f) dispensing medical practitioner clinic pharmacy.
3246          (3) (a) Each place of business shall require a separate license.
3247          (b) If multiple pharmacies exist at the same address, a separate license shall be required
3248     for each pharmacy.
3249          (4) (a) The division may further define or supplement the classifications of pharmacies.
3250          (b) The division may impose restrictions upon classifications to protect the public
3251     health, safety, and welfare.
3252          (5) Each pharmacy[, including the state central fill medical cannabis pharmacy,] shall
3253     have a pharmacist-in-charge, except as otherwise provided by rule.
3254          (6) Whenever an applicable statute or rule requires or prohibits action by a pharmacy,
3255     the pharmacist-in-charge and the owner of the pharmacy shall be responsible for all activities
3256     of the pharmacy, regardless of the form of the business organization.
3257          Section 52. Section 58-17b-310 is amended to read:
3258          58-17b-310. Continuing education.
3259          (1) The division in collaboration with the board may establish by rule continuing
3260     education requirements for each classification of licensure under this chapter.
3261          (2) The division shall accept and apply toward an hour requirement that the division
3262     establishes under Subsection (1) continuing education that a pharmacist completes in
3263     accordance with [Sections] Section 26-61a-403 [and 26-61a-601].
3264          Section 53. Section 58-17b-502 is amended to read:
3265          58-17b-502. Unprofessional conduct.
3266          (1) "Unprofessional conduct" includes:
3267          (a) willfully deceiving or attempting to deceive the division, the board, or their agents
3268     as to any relevant matter regarding compliance under this chapter;

3269          (b) except as provided in Subsection (2):
3270          (i) paying or offering rebates to practitioners or any other health care providers, or
3271     receiving or soliciting rebates from practitioners or any other health care provider; or
3272          (ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
3273     bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
3274     provider, for the purpose of obtaining referrals;
3275          (c) misbranding or adulteration of any drug or device or the sale, distribution, or
3276     dispensing of any outdated, misbranded, or adulterated drug or device;
3277          (d) engaging in the sale or purchase of drugs or devices that are samples or packages
3278     bearing the inscription "sample" or "not for resale" or similar words or phrases;
3279          (e) except as provided in Section 58-17b-503 or Part 9, Charitable Prescription Drug
3280     Recycling Act, accepting back and redistributing any unused drug, or a part of it, after it has
3281     left the premises of any pharmacy, unless the drug is in a unit pack, as defined in Section
3282     58-17b-503, or the manufacturer's sealed container, as defined in rule;
3283          (f) an act in violation of this chapter committed by a person for any form of
3284     compensation if the act is incidental to the person's professional activities, including the
3285     activities of a pharmacist, pharmacy intern, or pharmacy technician;
3286          (g) violating:
3287          (i) the federal Controlled Substances Act, Title II, P.L. 91-513;
3288          (ii) Title 58, Chapter 37, Utah Controlled Substances Act; or
3289          (iii) rules or regulations adopted under either act;
3290          (h) requiring or permitting pharmacy interns or technicians to engage in activities
3291     outside the scope of practice for their respective license classifications, as defined in this
3292     chapter and division rules made in collaboration with the board, or beyond their scope of
3293     training and ability;
3294          (i) administering:
3295          (i) without appropriate training, as defined by rule;

3296          (ii) without a physician's order, when one is required by law; and
3297          (iii) in conflict with a practitioner's written guidelines or written protocol for
3298     administering;
3299          (j) disclosing confidential patient information in violation of the provisions of the
3300     Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
3301     1936, as amended, or other applicable law;
3302          (k) engaging in the practice of pharmacy without a licensed pharmacist designated as
3303     the pharmacist-in-charge;
3304          (l) failing to report to the division any adverse action taken by another licensing
3305     jurisdiction, government agency, law enforcement agency, or court for conduct that in
3306     substance would be considered unprofessional conduct under this section;
3307          (m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
3308     form which is regularly and commonly available from a manufacturer in quantities and
3309     strengths prescribed by a practitioner;
3310          (n) failing to act in accordance with Title 26, Chapter 64, Family Planning Access Act,
3311     when dispensing a self-administered hormonal contraceptive under a standing order; and
3312          (o) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
3313          (2) Subsection (1)(b) does not apply to:
3314          (a) giving or receiving a price discount based on purchase volume;
3315          (b) passing along a pharmaceutical manufacturer's rebate; or
3316          (c) providing compensation for services to a veterinarian.
3317          (3) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
3318     61a, Utah Medical Cannabis Act:
3319          (a) when registered as a pharmacy medical provider, as that term is defined in Section
3320     26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
3321          (b) when [registered] acting as a state central [fill] patient portal medical provider, as
3322     that term is defined in Section 26-61a-102, providing state central [fill] patient portal medical

3323     provider services [in the state central fill medical cannabis pharmacy].
3324          (4) Notwithstanding Subsection (3), the division, in consultation with the board and in
3325     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
3326     unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
3327          Section 54. Section 58-37-3.7 is amended to read:
3328          58-37-3.7. Medical cannabis decriminalization.
3329          (1) As used in this section:
3330          (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.
3331          (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3332          (c) "Medical cannabis card" means the same as that term is defined in Section
3333     26-61a-102.
3334          (d) "Medical cannabis device" means the same as that term is defined in Section
3335     26-61a-102.
3336          (e) "Medical cannabis pharmacy" means the same as that term is defined in Section
3337     26-61a-102.
3338          (f) "Medicinal dosage form" means the same as that term is defined in Section
3339     26-61a-102.
3340          (g) "Qualified medical provider" means the same as that term is defined in Section
3341     26-61a-102.
3342          (h) "Qualifying condition" means the same as that term is defined in Section
3343     26-61a-102.
3344          (i) "Tetrahydrocannabinol" means the same as that term is defined in Section
3345     58-37-3.9.
3346          (2) Before January 1, 2021, an individual is not guilty under this chapter for the use or
3347     possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia if:
3348          (a) at the time of the arrest or citation, the individual:
3349          (i) (A) had been diagnosed with a qualifying condition; and

3350          (B) had a pre-existing provider-patient relationship with an advanced practice
3351     registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed
3352     under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58,
3353     Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under
3354     Title 58, Chapter 70a, Utah Physician Assistant Act, who believed that the individual's illness
3355     described in Subsection (2)(a)(i)(A) could benefit from the use in question;
3356          (ii) for possession, was:
3357          (A) the parent or legal guardian of an individual described in Subsection (2)(a)(i) who
3358     is a minor; or
3359          (B) the spouse of an individual described in Subsection (2)(a)(i); or
3360          (iii) (A) for possession, was a medical cannabis cardholder; or
3361          (B) for use, was a medical cannabis patient cardholder or a minor with a qualifying
3362     condition under the supervision of a medical cannabis guardian cardholder; and
3363          (b) the marijuana or tetrahydrocannabinol was in a medicinal dosage form in one of the
3364     following amounts:
3365          (i) no more than 56 grams by weight of unprocessed cannabis; or
3366          (ii) an amount of cannabis products that contains, in total, no more than 10 grams of
3367     total composite tetrahydrocannabinol.
3368          (3) An individual is not guilty under this chapter for the use or possession of
3369     marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter if:
3370          (a) at the time of the arrest or citation, the individual:
3371          (i) was not a resident of Utah or has been a resident of Utah for less than 45 days;
3372          (ii) had a currently valid medical cannabis card or the equivalent of a medical cannabis
3373     card under the laws of another state, district, territory, commonwealth, or insular possession of
3374     the United States; and
3375          (iii) had been diagnosed with a qualifying condition as described in Section
3376     26-61a-104; and

3377          (b) the marijuana or tetrahydrocannabinol is in a medicinal dosage form in [a quantity
3378     described in Subsection 26-61a-502(2).] one of the following amounts:
3379          (i) no more than 113 grams by weight of unprocessed cannabis; or
3380          (ii) an amount of cannabis products that contains, in total, no more than 20 grams of
3381     total composite tetrahydrocannabinol.
3382          Section 55. Section 58-37-3.8 is amended to read:
3383          58-37-3.8. Enforcement.
3384          (1) A law enforcement officer, as that term is defined in Section 53-13-103, except for
3385     an officially designated drug enforcement task force regarding conduct that is not in accordance
3386     with Title 26, Chapter 61a, Utah Medical Cannabis Act, may not expend any state or local
3387     resources, including the officer's time, to:
3388          (a) effect any arrest or seizure of cannabis, as that term is defined in Section
3389     26-61a-102, or conduct any investigation, on the sole basis of activity the officer believes to
3390     constitute a violation of federal law if the officer has reason to believe that the activity is in
3391     compliance with the state medical cannabis laws;
3392          (b) enforce a law that restricts an individual's right to acquire, own, or possess a
3393     firearm based solely on the individual's possession or use of cannabis in accordance with state
3394     medical cannabis laws; or
3395          (c) provide any information or logistical support related to an activity described in
3396     Subsection (1)(a) to any federal law enforcement authority or prosecuting entity.
3397          (2) An agency or political subdivision of the state may not take an adverse action
3398     against a person for providing a professional service to a medical cannabis pharmacy, as that
3399     term is defined in Section 26-61a-102, the state central [fill medical cannabis pharmacy]
3400     patient portal, as that term is defined in Section 26-61a-102, or a cannabis production
3401     establishment, as that term is defined in Section 4-41a-102, on the sole basis that the service is
3402     a violation of federal law.
3403          Section 56. Section 58-37-3.9 is amended to read:

3404          58-37-3.9. Exemption for possession or use of cannabis to treat a qualifying
3405     illness.
3406          (1) As used in this section:
3407          (a) "Cannabis" means marijuana.
3408          (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3409          (c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
3410          (d) "Medical cannabis cardholder" means the same as that term is defined in Section
3411     26-61a-102.
3412          (e) "Medical cannabis device" means the same as that term is defined in Section
3413     26-61a-102.
3414          (f) " Medicinal dosage form" means the same as that term is defined in Section
3415     26-61a-102.
3416          (g) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic
3417     description as described in Subsection 58-37-4(2)(a)(iii)(AA).
3418          (2) Notwithstanding any other provision of law, except as otherwise provided in this
3419     section:
3420          (a) an individual is not guilty of a violation of this title for the following conduct if the
3421     individual engages in the conduct in accordance with Title 4, Chapter 41a, Cannabis
3422     Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act:
3423          (i) possessing, ingesting, inhaling, producing, manufacturing, dispensing, distributing,
3424     selling, or offering to sell cannabis or a cannabis product; or
3425          (ii) possessing cannabis or a cannabis product with the intent to engage in the conduct
3426     described in Subsection (2)(a)(i); and
3427          (b) an individual is not guilty of a violation of this title regarding drug paraphernalia if
3428     the individual, in accordance with Title 4, Chapter 41a, Cannabis Production Establishments,
3429     and Title 26, Chapter 61a, Utah Medical Cannabis Act:
3430          (i) possesses, manufactures, distributes, sells, or offers to sell a medical cannabis

3431     device; or
3432          (ii) possesses a medical cannabis device with the intent to engage in any of the conduct
3433     described in Subsection (2)(b)(i).
3434          (3) (a) As used in this Subsection (3), "smoking" does not include the vaporization or
3435     heating of medical cannabis.
3436          (b) Title 26, Chapter 61a, Utah Medical Cannabis Act, does not authorize a medical
3437     cannabis cardholder to smoke or combust cannabis or to use a device to facilitate the smoking
3438     or combustion of cannabis.
3439          (c) A medical cannabis cardholder who smokes cannabis or engages in any other
3440     conduct described in Subsection (3)(b):
3441          (i) does not possess the cannabis in accordance with Title 26, Chapter 61a, Utah
3442     Medical Cannabis Act; and
3443          (ii) is subject to charges under this chapter for the use or possession of marijuana,
3444     tetrahydrocannabinol, or marijuana drug paraphernalia for the conduct described in Subsection
3445     (3)(b).
3446          (4) An individual who is assessed a penalty or convicted of a crime under Title 4,
3447     Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah Medical
3448     Cannabis Act, is not, based on the conduct underlying that penalty or conviction, subject to a
3449     penalty described in this chapter for:
3450          (a) the possession, manufacture, sale, or offer for sale of cannabis or a cannabis
3451     product; or
3452          (b) the possession, manufacture, sale, or offer for sale of drug paraphernalia.
3453          Section 57. Section 58-67-304 is amended to read:
3454          58-67-304. License renewal requirements.
3455          (1) As a condition precedent for license renewal, each licensee shall, during each
3456     two-year licensure cycle or other cycle defined by division rule:
3457          (a) complete qualified continuing professional education requirements in accordance

3458     with the number of hours and standards defined by division rule made in collaboration with the
3459     board;
3460          (b) appoint a contact person for access to medical records and an alternate contact
3461     person for access to medical records in accordance with Subsection 58-67-302(1)(j);
3462          (c) if the licensee practices medicine in a location with no other persons licensed under
3463     this chapter, provide some method of notice to the licensee's patients of the identity and
3464     location of the contact person and alternate contact person for the licensee; and
3465          (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
3466     successfully complete the educational methods and programs described in Subsection
3467     58-67-807(4).
3468          (2) If a renewal period is extended or shortened under Section 58-67-303, the
3469     continuing education hours required for license renewal under this section are increased or
3470     decreased proportionally.
3471          (3) An application to renew a license under this chapter shall:
3472          (a) require a physician to answer the following question: "Do you perform elective
3473     abortions in Utah in a location other than a hospital?"; and
3474          (b) immediately following the question, contain the following statement: "For purposes
3475     of the immediately preceding question, elective abortion means an abortion other than one of
3476     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
3477     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
3478     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
3479     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
3480     the woman is pregnant as a result of rape or incest."
3481          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
3482     to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
3483     Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
3484     division shall, within 30 days after the day on which it renews the physician's license under this

3485     chapter, inform the Department of Health in writing:
3486          (a) of the name and business address of the physician; and
3487          (b) that the physician responded positively to the question described in Subsection
3488     (3)(a).
3489          (5) The division shall accept and apply toward the hour requirement in Subsection
3490     (1)(a) any continuing education that a physician completes in accordance with Sections
3491     26-61a-106, 26-61a-403, and [26-61a-601] 26-61a-602.
3492          Section 58. Section 58-67-502 is amended to read:
3493          58-67-502. Unprofessional conduct.
3494          (1) "Unprofessional conduct" includes, in addition to the definition in Section
3495     58-1-501:
3496          (a) using or employing the services of any individual to assist a licensee in any manner
3497     not in accordance with the generally recognized practices, standards, or ethics of the
3498     profession, state law, or division rule;
3499          (b) making a material misrepresentation regarding the qualifications for licensure under
3500     Section 58-67-302.7 or Section 58-67-302.8;
3501          (c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
3502     Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable; or
3503          (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
3504          (2) "Unprofessional conduct" does not include:
3505          (a) in compliance with Section 58-85-103:
3506          (i) obtaining an investigational drug or investigational device;
3507          (ii) administering the investigational drug to an eligible patient; or
3508          (iii) treating an eligible patient with the investigational drug or investigational device;
3509     or
3510          (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
3511          (i) when registered as a qualified medical provider, as that term is defined in Section

3512     26-61a-102, recommending the use of medical cannabis;
3513          (ii) when registered as a pharmacy medical provider, as that term is defined in Section
3514     26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
3515          (iii) when registered as a state central [fill] patient portal medical provider, as that term
3516     is defined in Section 26-61a-102, providing state central [fill] patient portal medical provider
3517     services [in the state central fill medical cannabis pharmacy].
3518          (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
3519     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
3520     unprofessional conduct for a [pharmacist] physician described in Subsection (2)(b).
3521          Section 59. Section 58-68-304 is amended to read:
3522          58-68-304. License renewal requirements.
3523          (1) As a condition precedent for license renewal, each licensee shall, during each
3524     two-year licensure cycle or other cycle defined by division rule:
3525          (a) complete qualified continuing professional education requirements in accordance
3526     with the number of hours and standards defined by division rule in collaboration with the
3527     board;
3528          (b) appoint a contact person for access to medical records and an alternate contact
3529     person for access to medical records in accordance with Subsection 58-68-302(1)(j);
3530          (c) if the licensee practices osteopathic medicine in a location with no other persons
3531     licensed under this chapter, provide some method of notice to the licensee's patients of the
3532     identity and location of the contact person and alternate contact person for access to medical
3533     records for the licensee in accordance with Subsection 58-68-302(1)(k); and
3534          (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
3535     successfully complete the educational methods and programs described in Subsection
3536     58-68-807(4).
3537          (2) If a renewal period is extended or shortened under Section 58-68-303, the
3538     continuing education hours required for license renewal under this section are increased or

3539     decreased proportionally.
3540          (3) An application to renew a license under this chapter shall:
3541          (a) require a physician to answer the following question: "Do you perform elective
3542     abortions in Utah in a location other than a hospital?"; and
3543          (b) immediately following the question, contain the following statement: "For purposes
3544     of the immediately preceding question, elective abortion means an abortion other than one of
3545     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
3546     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
3547     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
3548     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
3549     the woman is pregnant as a result of rape or incest."
3550          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
3551     to the licensing of an abortion clinic, if a physician responds positively to the question
3552     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
3553     renews the physician's license under this chapter, inform the Department of Health in writing:
3554          (a) of the name and business address of the physician; and
3555          (b) that the physician responded positively to the question described in Subsection
3556     (3)(a).
3557          (5) The division shall accept and apply toward the hour requirement in Subsection
3558     (1)(a) any continuing education that a physician completes in accordance with Sections
3559     26-61a-106, 26-61a-403, and [26-61a-601] 26-61a-602.
3560          Section 60. Section 58-68-502 is amended to read:
3561          58-68-502. Unprofessional conduct.
3562          (1) "Unprofessional conduct" includes, in addition to the definition in Section
3563     58-1-501:
3564          (a) using or employing the services of any individual to assist a licensee in any manner
3565     not in accordance with the generally recognized practices, standards, or ethics of the

3566     profession, state law, or division rule;
3567          (b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
3568     Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
3569          (c) making a material misrepresentation regarding the qualifications for licensure under
3570     Section 58-68-302.5; or
3571          (d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
3572          (2) "Unprofessional conduct" does not include:
3573          (a) in compliance with Section 58-85-103:
3574          (i) obtaining an investigational drug or investigational device;
3575          (ii) administering the investigational drug to an eligible patient; or
3576          (iii) treating an eligible patient with the investigational drug or investigational device;
3577     or
3578          (b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
3579          (i) when registered as a qualified medical provider, as that term is defined in Section
3580     26-61a-102, recommending the use of medical cannabis;
3581          (ii) when registered as a pharmacy medical provider, as that term is defined in Section
3582     26-61a-102, providing pharmacy medical provider services in a medical cannabis pharmacy; or
3583          (iii) when registered as a state central [fill] patient portal medical provider, as that term
3584     is defined in Section 26-61a-102, providing state central [fill] patient portal medical provider
3585     services [in the state central fill medical cannabis pharmacy].
3586          (3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
3587     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
3588     unprofessional conduct for a [pharmacist] physician described in Subsection (2)(b).
3589          Section 61. Section 59-12-104.10 is amended to read:
3590          59-12-104.10. Exemption from sales tax for cannabis.
3591          (1) As used in this section:
3592          (a) "Cannabis" means the same as that term is defined in Section 26-61a-102.

3593          (b) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3594          (c) "Medical cannabis device" means the same as that term is defined in Section
3595     26-61a-102.
3596          (d) "Medical cannabis pharmacy" means the same as that term is defined in Section
3597     26-61a-102.
3598          (e) "Medicinal dosage form" means the same as that term is defined in Section
3599     26-61a-102.
3600          [(f) "State central fill medical cannabis pharmacy" means the same as that term is
3601     defined in Section 26-61a-102.]
3602          (2) In addition to the exemptions described in Section 59-12-104, the sale by a licensed
3603     medical cannabis pharmacy [or the state central fill medical cannabis pharmacy] of the
3604     following is not subject to the taxes this chapter imposes:
3605          (a) cannabis in a medicinal dosage form; or
3606          (b) a cannabis product in a medicinal dosage form.
3607          (3) The sale of a medical cannabis device by a medical cannabis pharmacy [or the state
3608     central fill medical cannabis pharmacy] is subject to the taxes this chapter imposes.
3609          Section 62. Section 78A-2-231 is enacted to read:
3610          78A-2-231. Consideration of lawful use or possession of medical cannabis.
3611          (1) As used in this section:
3612          (a) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3613          (b) "Dosing parameters" means the same as that term is defined in Section 26-61a-102.
3614          (c) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
3615          (d) "Medical cannabis card" means the same as that term is defined in Section
3616     26-61a-102.
3617          (e) "Medical cannabis device" means the same as that term is defined in Section
3618     26-61a-102.
3619          (f) "Qualified medical provider" means the same as that term is defined in Section

3620     26-61a-102.
3621          (2) In any judicial proceeding in which a judge, panel, jury, or court commissioner
3622     makes a finding, determination, or otherwise considers an individual's possession or use of
3623     medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel, jury, or
3624     court commissioner may not consider or treat the individual's possession or use any differently
3625     than the lawful possession or use of any prescribed controlled substance if:
3626          (a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production
3627     Establishments;
3628          (b) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
3629          (c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
3630     Medical Cannabis Act; and
3631          (ii) the individual reasonably complies with the dosing parameters determined by the
3632     individual's qualified medical provider or through a consultation described in Subsection
3633     26-61a-502(4) or (5).
3634          (3) Notwithstanding Sections 77-18-1 and 77-2a-3, for probation, release, a plea in
3635     abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of
3636     Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain
3637     from the use or possession of medical cannabis, a cannabis product, or a medical cannabis
3638     device, either directly or through a general prohibition on violating federal law, without an
3639     exception related to medical cannabis use, if the individual's use or possession complies with:
3640          (a) Title 26, Chapter 61a, Utah Medical Cannabis Act; or
3641          (b) Subsection 58-37-3.7(2) or (3).
3642          Section 63. Section 78A-6-115 is amended to read:
3643          78A-6-115. Hearings -- Record -- County attorney or district attorney
3644     responsibilities -- Attorney general responsibilities -- Disclosure -- Admissibility of
3645     evidence -- Medical cannabis.
3646          (1) (a) A verbatim record of the proceedings shall be taken in all cases that might result

3647     in deprivation of custody as defined in this chapter. In all other cases a verbatim record shall
3648     also be made unless dispensed with by the court.
3649          (b) (i) Notwithstanding any other provision, including Title 63G, Chapter 2,
3650     Government Records Access and Management Act, a record of a proceeding made under
3651     Subsection (1)(a) shall be released by the court to any person upon a finding on the record for
3652     good cause.
3653          (ii) Following a petition for a record of a proceeding made under Subsection (1)(a), the
3654     court shall:
3655          (A) provide notice to all subjects of the record that a request for release of the record
3656     has been made; and
3657          (B) allow sufficient time for the subjects of the record to respond before making a
3658     finding on the petition.
3659          (iii) A record of a proceeding may not be released under this Subsection (1)(b) if the
3660     court's jurisdiction over the subjects of the proceeding ended more than 12 months before the
3661     request.
3662          (iv) For purposes of this Subsection (1)(b):
3663          (A) "record of a proceeding" does not include documentary materials of any type
3664     submitted to the court as part of the proceeding, including items submitted under Subsection
3665     (4)(a); and
3666          (B) "subjects of the record" includes the child's guardian ad litem, the child's legal
3667     guardian, the Division of Child and Family Services, and any other party to the proceeding.
3668          (2) (a) Except as provided in Subsection (2)(b), the county attorney or, if within a
3669     prosecution district, the district attorney shall represent the state in any proceeding in a minor's
3670     case.
3671          (b) Subject to the attorney general's prosecutorial discretion in civil enforcement
3672     actions, the attorney general shall enforce all provisions of Title 62A, Chapter 4a, Child and
3673     Family Services, and this chapter, relating to:

3674          (i) protection or custody of an abused, neglected, or dependent child; and
3675          (ii) petitions for termination of parental rights.
3676          (c) The attorney general shall represent the Division of Child and Family Services in
3677     actions involving a minor who is not adjudicated as abused or neglected, but who is receiving
3678     in-home family services under Section 78A-6-117.5. Nothing in this Subsection (2)(c) may be
3679     construed to affect the responsibility of the county attorney or district attorney to represent the
3680     state in those matters, in accordance with Subsection (2)(a).
3681          (3) The board may adopt special rules of procedure to govern proceedings involving
3682     violations of traffic laws or ordinances, wildlife laws, and boating laws. However, proceedings
3683     involving offenses under Section 78A-6-606 are governed by that section regarding suspension
3684     of driving privileges.
3685          (4) (a) For the purposes of determining proper disposition of the minor in dispositional
3686     hearings and establishing the fact of abuse, neglect, or dependency in adjudication hearings and
3687     in hearings upon petitions for termination of parental rights, written reports and other material
3688     relating to the minor's mental, physical, and social history and condition may be received in
3689     evidence and may be considered by the court along with other evidence. The court may require
3690     that the person who wrote the report or prepared the material appear as a witness if the person
3691     is reasonably available.
3692          (b) For the purpose of determining proper disposition of a minor alleged to be or
3693     adjudicated as abused, neglected, or dependent, dispositional reports prepared by the division
3694     under Section 78A-6-315 may be received in evidence and may be considered by the court
3695     along with other evidence. The court may require any person who participated in preparing the
3696     dispositional report to appear as a witness, if the person is reasonably available.
3697          (5) (a) In an abuse, neglect, or dependency proceeding occurring after the
3698     commencement of a shelter hearing under Section 78A-6-306 or the filing of a petition under
3699     Section 78A-6-304, each party to the proceeding shall provide in writing to the other parties or
3700     their counsel any information which the party:

3701          (i) plans to report to the court at the proceeding; or
3702          (ii) could reasonably expect would be requested of the party by the court at the
3703     proceeding.
3704          (b) The disclosure required under Subsection (5)(a) shall be made:
3705          (i) for dispositional hearings under Sections 78A-6-311 and 78A-6-312, no less than
3706     five days before the proceeding;
3707          (ii) for proceedings under Chapter 6, Part 5, Termination of Parental Rights Act, in
3708     accordance with Utah Rules of Civil Procedure; and
3709          (iii) for all other proceedings, no less than five days before the proceeding.
3710          (c) If a party to a proceeding obtains information after the deadline in Subsection
3711     (5)(b), the information is exempt from the disclosure required under Subsection (5)(a) if the
3712     party certifies to the court that the information was obtained after the deadline.
3713          (d) Subsection (5)(a) does not apply to:
3714          (i) pretrial hearings; and
3715          (ii) the frequent, periodic review hearings held in a dependency drug court case to
3716     assess and promote the parent's progress in substance use disorder treatment.
3717          (6) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
3718     may, in its discretion, consider evidence of statements made by a child under eight years of age
3719     to a person in a trust relationship.
3720          (7) (a) As used in this Subsection (7):
3721          (i) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
3722          (ii) "Dosing parameters" means the same as that term is defined in Section 26-61a-102.
3723          (iii) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
3724          (iv) "Medical cannabis cardholder" means the same as that term is defined in Section
3725     26-61a-102.
3726          (v) "Qualified medical provider" means the same as that term is defined in Section
3727     26-61a-102.

3728          (b) In any child welfare proceeding in which the court makes a finding, determination,
3729     or otherwise considers an individual's possession or use of medical cannabis, a cannabis
3730     product, or a medical cannabis device, the court may not consider or treat the individual's
3731     possession or use any differently than the lawful possession or use of any prescribed controlled
3732     substance if the individual's use or possession complies with:
3733          (i) Title 4, Chapter 41a, Cannabis Production Establishments;
3734          (ii) the individual's possession or use complies with Subsection 58-37-3.7(2) or (3); or
3735          (iii) (A) the individual's possession or use complies with Title 26, Chapter 61a, Utah
3736     Medical Cannabis Act; and
3737          (B) the individual reasonably complies with the dosing parameters determined by the
3738     individual's qualified medical provider or through a consultation described in Subsection
3739     26-61a-502(4) or (5).
3740          (c) A parent's or guardian's use of medical cannabis or a cannabis product is not abuse
3741     or neglect of a child under Section 78A-6-105, nor is it contrary to the best interests of a child,
3742     if:
3743          (i) (A) for a medical cannabis cardholder after January 1, 2021, the parent's or
3744     guardian's possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act,
3745     and there is no evidence that the parent's or guardian's use of medical cannabis unreasonably
3746     deviates from the dosing parameters determined by the parent's or guardian's qualified medical
3747     provider or through a consultation described in Subsection 26-61a-502(4) or (5); or
3748          (B) before January 1, 2021, the parent's or guardian's possession or use complies with
3749     Subsection 58-37-3.7(2) or (3); and
3750          (ii) (A) there is no evidence showing that the child has inhaled, ingested, or otherwise
3751     had cannabis introduced to the child's body; or
3752          (B) there is no evidence showing a nexus between the parent's or guardian's use of
3753     medical cannabis or a cannabis product and behavior that would separately constitute abuse or
3754     neglect of the child.

3755          Section 64. Repealer.
3756          This bill repeals:
3757          Section 26-61a-110, Qualified Distribution Enterprise Fund -- Creation.
3758          Section 26-61a-205, Lost or stolen medical cannabis card.
3759          Section 26-61a-608, Department to set state central fill medical cannabis pharmacy
3760     prices.
3761          Section 26-61a-609, Partial filling.
3762          Section 26-61a-610, Records -- Inspections.
3763          Section 26-61a-611, Advertising.
3764          Section 26-65-101, Title.
3765          Section 26-65-102, Definitions.
3766          Section 26-65-103, Medicinal dosage form.
3767          Section 26-65-201, Insurance coverage.
3768          Section 26-65-202, Rules -- Report to the Legislature.
3769          Section 65. Effective date.
3770          If approved by two-thirds of all the members elected to each house, this bill takes effect
3771     upon approval by the governor, or the day following the constitutional time limit of Utah
3772     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
3773     the date of veto override.
3774          Section 66. Revisor instructions.
3775          The Legislature intends that the Office of Legislative Research and General Counsel, in
3776     preparing the Utah Code database for publication, in Section 4-41a-201, replace the language
3777     from "the effective date of this bill" to the bill's actual effective date.