Utah 2023 2023 Regular Session

Utah House Bill HB0230 Introduced / Bill

Filed 01/17/2023

                    H.B. 230
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C. Williams  6
6   01-17-23 2:26 PM    6
H.B. 230
1	CENTER FOR MEDI CAL CANNABIS RESEARCH
2	2023 GENERAL SESSION
3	STATE OF UTAH
4	Chief Sponsor:  Jennifer  Dailey-Provost
5	Senate Sponsor: ____________
6 
7LONG TITLE
8General Description:
9 This bill creates the Center for Medical Cannabis Research.
10Highlighted Provisions:
11 This bill:
12 <defines terms;
13 <abolishes the Cannabis Research Review Board;
14 <creates the Center for Medical Cannabis Research (center) within the University of
15Utah; and
16 <establishes the center's duties. 
17Money Appropriated in this Bill:
18 None
19Other Special Clauses:
20 None
21Utah Code Sections Affected:
22AMENDS:
23 4-41a-102, as last amended by Laws of Utah 2022, Chapters 290, 452
24 26-61a-102, as last amended by Laws of Utah 2022, Chapters 290, 452
25 26-61a-105, as last amended by Laws of Utah 2022, Chapter 452
26 26-61a-201, as last amended by Laws of Utah 2022, Chapters 198, 290 and 452
27 26-61a-703, as last amended by Laws of Utah 2022, Chapter 97
*HB0230* H.B. 230	01-17-23 2:26 PM
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28ENACTS:
29 53B-17-1401, Utah Code Annotated 1953
30 53B-17-1402, Utah Code Annotated 1953
31REPEALS:
32 26-61-101, as enacted by Laws of Utah 2017, Chapter 398
33 26-61-102, as last amended by Laws of Utah 2022, Chapter 452
34 26-61-103, as enacted by Laws of Utah 2017, Chapter 398
35 26-61-201, as last amended by Laws of Utah 2022, Chapter 452
36 26-61-202, as last amended by Laws of Utah 2022, Chapter 415
37 
38Be it enacted by the Legislature of the state of Utah:
39 Section 1.  Section 4-41a-102 is amended to read:
40 4-41a-102.  Definitions.
41 As used in this chapter:
42 (1)  "Adulterant" means any poisonous or deleterious substance in a quantity that may
43be injurious to health, including:
44 (a)  pesticides;
45 (b)  heavy metals;
46 (c)  solvents;
47 (d)  microbial life;
48 (e)  toxins; or
49 (f)  foreign matter.
50 [(2)  " Cannabis Research Review Board" means the Cannabis Research Review Board
51created in Section 26-61-201.]
52 [(3)] (2)  "Cannabis" means the same as that term is defined in Section 26-61a-102.
53 [(4)] (3)  "Cannabis concentrate" means:
54 (a)  the product of any chemical or physical process applied to naturally occurring
55biomass that concentrates or isolates the cannabinoids contained in the biomass; and
56 (b)  any amount of a natural, derivative, or synthetic cannabinoid in the synthetic
57cannabinoid's purified state.
58 [(5)] (4)  "Cannabis cultivation byproduct" means any portion of a cannabis plant that is 01-17-23 2:26 PM	H.B. 230
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59not intended to be sold as a cannabis plant product.
60 [(6)] (5)  "Cannabis cultivation facility" means a person that:
61 (a)  possesses cannabis;
62 (b)  grows or intends to grow cannabis; and
63 (c)  sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis
64processing facility, or a medical cannabis research licensee.
65 [(7)] (6)  "Cannabis cultivation facility agent" means an individual who:
66 (a)  is an employee of a cannabis cultivation facility; and
67 (b)  holds a valid cannabis production establishment agent registration card.
68 [(8)] (7)  "Cannabis derivative product" means a product made using cannabis
69concentrate.
70 [(9)] (8)  "Cannabis plant product" means any portion of a cannabis plant intended to be
71sold in a form that is recognizable as a portion of a cannabis plant.
72 [(10)] (9)  "Cannabis processing facility" means a person that:
73 (a)  acquires or intends to acquire cannabis from a cannabis production establishment;
74 (b)  possesses cannabis with the intent to manufacture a cannabis product;
75 (c)  manufactures or intends to manufacture a cannabis product from unprocessed
76cannabis or a cannabis extract; and
77 (d)  sells or intends to sell a cannabis product to a medical cannabis pharmacy or a
78medical cannabis research licensee.
79 [(11)] (10)  "Cannabis processing facility agent" means an individual who:
80 (a)  is an employee of a cannabis processing facility; and
81 (b)  holds a valid cannabis production establishment agent registration card.
82 [(12)] (11)  "Cannabis product" means the same as that term is defined in Section
8326-61a-102.
84 [(13)] (12)  "Cannabis production establishment" means a cannabis cultivation facility,
85a cannabis processing facility, or an independent cannabis testing laboratory.
86 [(14)] (13)  "Cannabis production establishment agent" means a cannabis cultivation
87facility agent, a cannabis processing facility agent, or an independent cannabis testing
88laboratory agent.
89 [(15)] (14)  "Cannabis production establishment agent registration card" means a H.B. 230	01-17-23 2:26 PM
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90registration card that the department issues that:
91 (a)  authorizes an individual to act as a cannabis production establishment agent; and
92 (b)  designates the type of cannabis production establishment for which an individual is
93authorized to act as an agent.
94 [(16)] (15)  "Community location" means a public or private elementary or secondary
95school, a church, a public library, a public playground, or a public park.
96 [(17)] (16)  "Cultivation space" means, quantified in square feet, the horizontal area in
97which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area
98if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above
99other plants in multiple levels.
100 [(18)] (17)  "Department" means the Department of Agriculture and Food.
101 [(19)] (18)  "Derivative cannabinoid" means any cannabinoid that has been intentionally
102created using a process to convert a naturally occurring cannabinoid into another cannabinoid.
103 [(20)] (19)  "Family member" means a parent, step-parent, spouse, child, sibling,
104step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law,
105brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
106 [(21)] (20) (a)  "Independent cannabis testing laboratory" means a person that:
107 (i)  conducts a chemical or other analysis of cannabis or a cannabis product; or
108 (ii)  acquires, possesses, and transports cannabis or a cannabis product with the intent to
109conduct a chemical or other analysis of the cannabis or cannabis product.
110 (b)  "Independent cannabis testing laboratory" includes a laboratory that the department
111or a research university operates in accordance with Subsection 4-41a-201(14).
112 [(22)] (21)  "Independent cannabis testing laboratory agent" means an individual who:
113 (a)  is an employee of an independent cannabis testing laboratory; and
114 (b)  holds a valid cannabis production establishment agent registration card.
115 [(23)] (22)  "Industrial hemp waste" means:
116 (a)  a cannabinoid concentrate; or
117 (b)  industrial hemp biomass.
118 [(24)] (23)  "Inventory control system" means a system described in Section 4-41a-103.
119 [(25)] (24)  "Licensing board" or "board" means the Cannabis Production Establishment
120Licensing Advisory Board created in Section 4-41a-201.1. 01-17-23 2:26 PM	H.B. 230
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121 [(26)] (25)  "Medical cannabis" means the same as that term is defined in Section
12226-61a-102.
123 [(27)] (26)  "Medical cannabis card" means the same as that term is defined in Section
12426-61a-102.
125 [(28)] (27)  "Medical cannabis pharmacy" means the same as that term is defined in
126Section 26-61a-102.
127 [(29)] (28)  "Medical cannabis pharmacy agent" means the same as that term is defined
128in Section 26-61a-102.
129 [(30)] (29)  "Medical cannabis research license" means a license that the department
130issues to a research university for the purpose of obtaining and possessing medical cannabis for
131academic research.
132 [(31)] (30)  "Medical cannabis research licensee" means a research university that the
133department licenses to obtain and possess medical cannabis for academic research, in
134accordance with Section 4-41a-901.
135 [(32)] (31)  "Medical cannabis treatment" means the same as that term is defined in
136Section 26-61a-102.
137 [(33)] (32)  "Medicinal dosage form" means the same as that term is defined in Section
13826-61a-102.
139 [(34)] (33)  "Qualified medical provider" means the same as that term is defined in
140Section 26-61a-102.
141 [(35)] (34)  "Qualified Production Enterprise Fund" means the fund created in Section
1424-41a-104.
143 [(36)] (35)  "Recommending medical provider" means the same as that term is defined
144in Section 26-61a-102.
145 [(37)] (36)  "Research university" means the same as that term is defined in Section
14653B-7-702 and a private, nonprofit college or university in the state that:
147 (a)  is accredited by the Northwest Commission on Colleges and Universities;
148 (b)  grants doctoral degrees; and
149 (c)  has a laboratory containing or a program researching a schedule I controlled
150substance described in Section 58-37-4.
151 [(38)] (37)  "State electronic verification system" means the system described in Section H.B. 230	01-17-23 2:26 PM
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15226-61a-103.
153 [(39)] (38)  "Synthetic cannabinoid" means any cannabinoid that:
154 (a)  was chemically synthesized from starting materials other than a naturally occurring
155cannabinoid; and
156 (b)  is not a derivative cannabinoid.
157 [(40)] (39)  "Tetrahydrocannabinol" or "THC" means the same as that term is defined in
158Section 4-41-102.
159 [(41)] (40)  "THC analog" means the same as that term is defined in Section 4-41-102.
160 [(42)] (41)  "Total composite tetrahydrocannabinol" means all detectable forms of
161tetrahydrocannabinol.
162 [(43)] (42)  "Total tetrahydrocannabinol" or "total THC" means the same as that term is
163defined in Section 4-41-102.
164 Section 2.  Section 26-61a-102 is amended to read:
165 26-61a-102.  Definitions.
166 As used in this chapter:
167 (1)  "Active tetrahydrocannabinol" means THC, any THC analog, and
168tetrahydrocannabinolic acid.
169 [(2)  " Cannabis Research Review Board" means the Cannabis Research Review Board
170created in Section 26-61-201.]
171 [(3)] (2)  "Cannabis" means marijuana.
172 [(4)] (3)  "Cannabis cultivation facility" means the same as that term is defined in
173Section 4-41a-102.
174 [(5)] (4)  "Cannabis processing facility" means the same as that term is defined in
175Section 4-41a-102.
176 [(6)] (5)  "Cannabis product" means a product that:
177 (a)  is intended for human use; and
178 (b)  contains cannabis or any tetrahydrocannabinol or THC analog in a total
179concentration of 0.3% or greater on a dry weight basis.
180 [(7)] (6)  "Cannabis production establishment" means the same as that term is defined
181in Section 4-41a-102.
182 [(8)] (7)  "Cannabis production establishment agent" means the same as that term is 01-17-23 2:26 PM	H.B. 230
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183defined in Section 4-41a-102.
184 [(9)] (8)  "Cannabis production establishment agent registration card" means the same
185as that term is defined in Section 4-41a-102.
186 [(10)] (9)  "Community location" means a public or private elementary or secondary
187school, a church, a public library, a public playground, or a public park.
188 [(11)] (10)  "Conditional medical cannabis card" means an electronic medical cannabis
189card that the department issues in accordance with Subsection 26-61a-201(1)(b) to allow an
190applicant for a medical cannabis card to access medical cannabis during the department's
191review of the application.
192 [(12)] (11)  "Controlled substance database" means the controlled substance database
193created in Section 58-37f-201.
194 [(13)] (12)  "Department" means the Department of Health and Human Services.
195 [(14)] (13)  "Designated caregiver" means:
196 (a)  an individual:
197 (i)  whom an individual with a medical cannabis patient card or a medical cannabis
198guardian card designates as the patient's caregiver; and
199 (ii)  who registers with the department under Section 26-61a-202; or
200 (b) (i)  a facility that an individual designates as a designated caregiver in accordance
201with Subsection 26-61a-202(1)(b); or
202 (ii)  an assigned employee of the facility described in Subsection 26-61a-202(1)(b)(ii).
203 [(15)] (14)  "Directions of use" means recommended routes of administration for a
204medical cannabis treatment and suggested usage guidelines.
205 [(16)] (15)  "Dosing guidelines" means a quantity range and frequency of administration
206for a recommended treatment of medical cannabis.
207 [(17)] (16)  "Financial institution" means a bank, trust company, savings institution, or
208credit union, chartered and supervised under state or federal law.
209 [(18)] (17)  "Home delivery medical cannabis pharmacy" means a medical cannabis
210pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical
211cannabis shipments to a medical cannabis cardholder's home address to fulfill electronic orders
212that the state central patient portal facilitates.
213 [(19)] (18)  "Institutional review board" means an institutional review board that is H.B. 230	01-17-23 2:26 PM
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214registered for human subject research by the United States Department of Health and Human
215Services.
216 (19)  "Inventory control system" means the system described in Section 4-41a-103.
217 (20)  "Legal dosage limit" means an amount that:
218 (a)  is sufficient to provide 30 days of treatment based on the dosing guidelines that the
219relevant recommending medical provider or the state central patient portal or pharmacy
220medical provider, in accordance with Subsection 26-61a-502(4) or (5), recommends; and
221 (b)  may not exceed:
222 (i)  for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
223 (ii)  for a cannabis product in a medicinal dosage form, a quantity that contains, in total,
224greater than 20 grams of active tetrahydrocannabinol.
225 (21)  "Legal use termination date" means a date on the label of a container of
226unprocessed cannabis flower:
227 (a)  that is 60 days after the date of purchase of the cannabis; and
228 (b)  after which, the cannabis is no longer in a medicinal dosage form outside of the
229primary residence of the relevant medical cannabis patient cardholder.
230 (22)  "Limited medical provider" means an individual who:
231 (a)  meets the recommending qualifications; and
232 (b)  has no more than 15 patients with a valid medical cannabis patient card or
233provisional patient card as a result of the individual's recommendation, in accordance with
234Subsection 26-61a-106(1)(b).
235 (23)  "Marijuana" means the same as that term is defined in Section 58-37-2.
236 (24)  "Medical cannabis" means cannabis in a medicinal dosage form or a cannabis
237product in a medicinal dosage form.
238 (25)  "Medical cannabis card" means a medical cannabis patient card, a medical
239cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis
240card.
241 (26)  "Medical cannabis cardholder" means:
242 (a)  a holder of a medical cannabis card; or
243 (b)  a facility or assigned employee, described in Subsection(14)(b), only:
244 (i)  within the scope of the facility's or assigned employee's performance of the role of a 01-17-23 2:26 PM	H.B. 230
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245medical cannabis patient cardholder's caregiver designation under Subsection
24626-61a-202(1)(b); and
247 (ii)  while in possession of documentation that establishes:
248 (A)  a caregiver designation described in Subsection 26-61a-202(1)(b);
249 (B)  the identity of the individual presenting the documentation; and
250 (C)  the relation of the individual presenting the documentation to the caregiver
251designation.
252 (27)  "Medical cannabis caregiver card" means an electronic document that a cardholder
253may print or store on an electronic device or a physical card or document that:
254 (a)  the department issues to an individual whom a medical cannabis patient cardholder
255or a medical cannabis guardian cardholder designates as a designated caregiver; and
256 (b)  is connected to the electronic verification system.
257 (28)  "Medical cannabis courier" means a courier that:
258 (a)  the department licenses in accordance with Section 26-61a-604; and
259 (b)  contracts with a home delivery medical cannabis pharmacy to deliver medical
260cannabis shipments to fulfill electronic orders that the state central patient portal facilitates.
261 (29)  "Medical cannabis courier agent" means an individual who:
262 (a)  is an employee of a medical cannabis courier; and
263 (b)  who holds a valid medical cannabis courier agent registration card.
264 (30) (a)  "Medical cannabis device" means a device that an individual uses to ingest or
265inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form.
266 (b)  "Medical cannabis device" does not include a device that:
267 (i)  facilitates cannabis combustion; or
268 (ii)  an individual uses to ingest substances other than cannabis.
269 (31)  "Medical cannabis guardian card" means an electronic document that a cardholder
270may print or store on an electronic device or a physical card or document that:
271 (a)  the department issues to the parent or legal guardian of a minor with a qualifying
272condition; and
273 (b)  is connected to the electronic verification system.
274 (32)  "Medical cannabis patient card" means an electronic document that a cardholder
275may print or store on an electronic device or a physical card or document that: H.B. 230	01-17-23 2:26 PM
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276 (a)  the department issues to an individual with a qualifying condition; and
277 (b)  is connected to the electronic verification system.
278 (33)  "Medical cannabis pharmacy" means a person that:
279 (a) (i)  acquires or intends to acquire medical cannabis or a cannabis product in a
280medicinal dosage form from a cannabis processing facility or another medical cannabis
281pharmacy or a medical cannabis device; or
282 (ii)  possesses medical cannabis or a medical cannabis device; and
283 (b)  sells or intends to sell medical cannabis or a medical cannabis device to a medical
284cannabis cardholder.
285 (34)  "Medical cannabis pharmacy agent" means an individual who:
286 (a)  is an employee of a medical cannabis pharmacy; and
287 (b)  who holds a valid medical cannabis pharmacy agent registration card.
288 (35)  "Medical cannabis pharmacy agent registration card" means a registration card
289issued by the department that authorizes an individual to act as a medical cannabis pharmacy
290agent.
291 (36)  "Medical cannabis shipment" means a shipment of medical cannabis or a medical
292cannabis product that a home delivery medical cannabis pharmacy or a medical cannabis
293courier delivers to a medical cannabis cardholder's home address to fulfill an electronic medical
294cannabis order that the state central patient portal facilitates.
295 (37)  "Medical cannabis treatment" means cannabis in a medicinal dosage form, a
296cannabis product in a medicinal dosage form, or a medical cannabis device.
297 (38) (a)  "Medicinal dosage form" means:
298 (i)  for processed medical cannabis or a medical cannabis product, the following with a
299specific and consistent cannabinoid content:
300 (A)  a tablet;
301 (B)  a capsule;
302 (C)  a concentrated liquid or viscous oil;
303 (D)  a liquid suspension that, after December 1, 2022, does not exceed 30 ml;
304 (E)  a topical preparation;
305 (F)  a transdermal preparation;
306 (G)  a sublingual preparation; 01-17-23 2:26 PM	H.B. 230
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307 (H)  a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
308rectangular cuboid shape;
309 (I)  a resin or wax; or
310 (J) an aerosol; or
311 (ii)  for unprocessed cannabis flower, a container described in Section 4-41a-602 that:
312 (A)  contains cannabis flowers in a quantity that varies by no more than 10% from the
313stated weight at the time of packaging;
314 (B)  at any time the medical cannabis cardholder transports or possesses the container in
315public, is contained within an opaque bag or box that the medical cannabis pharmacy provides;
316and
317 (C)  is labeled with the container's content and weight, the date of purchase, the legal
318use termination date, and after December 31, 2020, a barcode that provides information
319connected to an inventory control system; and
320 (iii)  a form measured in grams, milligrams, or milliliters.
321 (b)  "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
322 (i)  the medical cannabis cardholder has recently removed from the container described
323in Subsection (38)(a)(ii) for use; and
324 (ii)  does not exceed the quantity described in Subsection (38)(a)(ii).
325 (c)  "Medicinal dosage form" does not include:
326 (i)  any unprocessed cannabis flower outside of the container described in Subsection
327(38)(a)(ii), except as provided in Subsection (38)(b);
328 (ii)  any unprocessed cannabis flower in a container described in Subsection (38)(a)(ii)
329after the legal use termination date;
330 (iii)  a process of vaporizing and inhaling concentrated cannabis by placing the cannabis
331on a nail or other metal object that is heated by a flame, including a blowtorch; or
332 (iv)  a liquid suspension that is branded as a beverage.
333 (39)  "Nonresident patient" means an individual who:
334 (a)  is not a resident of Utah or has been a resident of Utah for less than 45 days;
335 (b)  has a currently valid medical cannabis card or the equivalent of a medical cannabis
336card under the laws of another state, district, territory, commonwealth, or insular possession of
337the United States; and H.B. 230	01-17-23 2:26 PM
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338 (c)  has been diagnosed with a qualifying condition as described in Section 26-61a-104.
339 (40)  "Payment provider" means an entity that contracts with a cannabis production
340establishment or medical cannabis pharmacy to facilitate transfers of funds between the
341establishment or pharmacy and other businesses or individuals.
342 (41)  "Pharmacy medical provider" means the medical provider required to be on site at
343a medical cannabis pharmacy under Section 26-61a-403.
344 (42)  "Provisional patient card" means a card that:
345 (a)  the department issues to a minor with a qualifying condition for whom:
346 (i)  a recommending medical provider has recommended a medical cannabis treatment;
347and
348 (ii)  the department issues a medical cannabis guardian card to the minor's parent or
349legal guardian; and
350 (b)  is connected to the electronic verification system.
351 (43)  "Qualified medical provider" means an individual:
352 (a)  who meets the recommending qualifications; and
353 (b)  whom the department registers to recommend treatment with cannabis in a
354medicinal dosage form under Section 26-61a-106.
355 (44)  "Qualified Patient Enterprise Fund" means the enterprise fund created in Section
35626-61a-109.
357 (45)  "Qualifying condition" means a condition described in Section 26-61a-104.
358 (46)  "Recommend" or "recommendation" means, for a recommending medical
359provider, the act of suggesting the use of medical cannabis treatment, which:
360 (a)  certifies the patient's eligibility for a medical cannabis card; and
361 (b)  may include, at the recommending medical provider's discretion, directions of use,
362with or without dosing guidelines.
363 (47)  "Recommending medical provider" means a qualified medical provider or a
364limited medical provider.
365 (48)  "Recommending qualifications" means that an individual:
366 (a) (i)  has the authority to write a prescription;
367 (ii)  is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
368Controlled Substances Act; and 01-17-23 2:26 PM	H.B. 230
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369 (iii)  possesses the authority, in accordance with the individual's scope of practice, to
370prescribe a Schedule II controlled substance; and
371 (b)  is licensed as:
372 (i)  a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
373 (ii)  an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice
374Act;
375 (iii)  a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
376Chapter 68, Utah Osteopathic Medical Practice Act; or
377 (iv)  a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
378 (49)  "State central patient portal" means the website the department creates, in
379accordance with Section 26-61a-601, to facilitate patient safety, education, and an electronic
380medical cannabis order.
381 (50)  "State central patient portal medical provider" means a physician or pharmacist
382that the department employs in relation to the state central patient portal to consult with
383medical cannabis cardholders in accordance with Section 26-61a-602.
384 (51)  "State electronic verification system" means the system described in Section
38526-61a-103.
386 (52)  "Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a
387synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
388 (53)  "THC analog" means the same as that term is defined in Section 4-41-102.
389 (54)  "Valid form of photo identification" means any of the following forms of
390identification that is either current or has expired within the previous six months:
391 (a)  a valid state-issued driver license or identification card;
392 (b)  a valid United States federal-issued photo identification, including:
393 (i)  a United States passport;
394 (ii)  a United States passport card;
395 (iii)  a United States military identification card; or
396 (iv)  a permanent resident card or alien registration receipt card; or
397 (c)  a passport that another country issued.
398 Section 3.  Section 26-61a-105 is amended to read:
399 26-61a-105.  Compassionate Use Board. H.B. 230	01-17-23 2:26 PM
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400 (1) (a)  The department shall establish a Compassionate Use Board consisting of:
401 (i)  seven qualified medical providers that the executive director appoints and the
402Senate confirms:
403 (A)  who are knowledgeable about the medicinal use of cannabis;
404 (B)  who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
405or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
406 (C)  whom the appropriate board certifies in the specialty of neurology, pain medicine
407and pain management, medical oncology, psychiatry, infectious disease, internal medicine,
408pediatrics, or gastroenterology; and
409 (ii)  as a nonvoting member and the chair of the Compassionate Use Board, the
410executive director or the director's designee.
411 (b)  In appointing the seven qualified medical providers described in Subsection (1)(a),
412the executive director shall ensure that at least two have a board certification in pediatrics.
413 (2) (a)  Of the members of the Compassionate Use Board that the executive director
414first appoints:
415 (i)  three shall serve an initial term of two years; and
416 (ii)  the remaining members shall serve an initial term of four years.
417 (b)  After an initial term described in Subsection (2)(a) expires:
418 (i)  each term is four years; and
419 (ii)  each board member is eligible for reappointment.
420 (c)  A member of the Compassionate Use Board may serve until a successor is
421appointed.
422 (3)  Four members constitute a quorum of the Compassionate Use Board.
423 (4)  A member of the Compassionate Use Board may receive:
424 (a)  notwithstanding Section 63A-3-106, compensation or benefits for the member's
425service; and
426 (b)  travel expenses in accordance with Section 63A-3-107 and rules made by the
427Division of Finance in accordance with Section 63A-3-107.
428 (5)  The Compassionate Use Board shall:
429 (a)  review and recommend for department approval a petition to the board regarding an
430individual described in Subsection 26-61a-201(2)(a), a minor described in Subsection 01-17-23 2:26 PM	H.B. 230
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43126-61a-201(2)(c), or an individual who is not otherwise qualified to receive a medical cannabis
432card to obtain a medical cannabis card for compassionate use, for the standard or a reduced
433period of validity, if:
434 (i)  for an individual who is not otherwise qualified to receive a medical cannabis card,
435the individual's qualified medical provider is actively treating the individual for an intractable 
436condition that:
437 (A)  substantially impairs the individual's quality of life; and
438 (B)  has not, in the qualified medical provider's professional opinion, adequately
439responded to conventional treatments;
440 (ii)  the qualified medical provider:
441 (A)  recommends that the individual or minor be allowed to use medical cannabis; and
442 (B)  provides a letter, relevant treatment history, and notes or copies of progress notes
443describing relevant treatment history including rationale for considering the use of medical
444cannabis; and
445 (iii)  the Compassionate Use Board determines that:
446 (A)  the recommendation of the individual's qualified medical provider is justified; and
447 (B)  based on available information, it may be in the best interests of the individual to
448allow the use of medical cannabis;
449 (b)  review and approve or deny the use of a medical cannabis device for an individual
450described in Subsection 26-61a-201(2)(a)(i)(B) or a minor described in Subsection
45126-61a-201(2)(c) if the individual's or minor's qualified medical provider recommends that the
452individual or minor be allowed to use a medical cannabis device to vaporize the medical
453cannabis treatment;
454 (c)  unless no petitions are pending:
455 (i)  meet to receive or review compassionate use petitions at least quarterly; and
456 (ii)  if there are more petitions than the board can receive or review during the board's
457regular schedule, as often as necessary;
458 (d)  except as provided in Subsection (6), complete a review of each petition and
459recommend to the department approval or denial of the applicant for qualification for a medical
460cannabis card within 90 days after the day on which the board received the petition;
461 (e)  consult with the department regarding the criteria described in Subsection (6); and H.B. 230	01-17-23 2:26 PM
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462 (f)  report, before November 1 of each year, to the Health and Human Services Interim
463Committee:
464 (i)  the number of compassionate use recommendations the board issued during the past
465year; and
466 (ii)  the types of conditions for which the board recommended compassionate use.
467 (6)  The department shall make rules, in consultation with the Compassionate Use
468Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
469establish a process and criteria for a petition to the board to automatically qualify for expedited
470final review and approval or denial by the department in cases where, in the determination of
471the department and the board:
472 (a)  time is of the essence;
473 (b)  engaging the full review process would be unreasonable in light of the petitioner's
474physical condition; and
475 (c)  sufficient factors are present regarding the petitioner's safety.
476 (7) (a) (i)  The department shall review:
477 (A)  any compassionate use for which the Compassionate Use Board recommends
478approval under Subsection (5)(d) to determine whether the board properly exercised the board's
479discretion under this section; and
480 (B)  any expedited petitions the department receives under the process described in
481Subsection (6).
482 (ii)  If the department determines that the Compassionate Use Board properly exercised
483the board's discretion in recommending approval under Subsection (5)(d) or that the expedited
484petition merits approval based on the criteria established in accordance with Subsection (6), the
485department shall:
486 (A)  issue the relevant medical cannabis card; and
487 (B)  provide for the renewal of the medical cannabis card in accordance with the
488recommendation of the qualified medical provider described in Subsection (5)(a).
489 (b) (i)  If the Compassionate Use Board recommends denial under Subsection (5)(d),
490the individual seeking to obtain a medical cannabis card may petition the department to review
491the board's decision.
492 (ii)  If the department determines that the Compassionate Use Board's recommendation 01-17-23 2:26 PM	H.B. 230
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493for denial under Subsection (5)(d) was arbitrary or capricious:
494 (A)  the department shall notify the Compassionate Use Board of the department's
495determination; and
496 (B)  the board shall reconsider the Compassionate Use Board's refusal to recommend
497approval under this section.
498 (c)  In reviewing the Compassionate Use Board's recommendation for approval or
499denial under Subsection (5)(d) in accordance with this Subsection (7), the department shall
500presume the board properly exercised the board's discretion unless the department determines
501that the board's recommendation was arbitrary or capricious.
502 (8)  Any individually identifiable health information contained in a petition that the
503Compassionate Use Board or department receives under this section is a protected record in
504accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
505 [(9)  The Compassionate Use Board shall annually report the board's activity to the
506Cannabis Research Review Board.]
507 Section 4.  Section 26-61a-201 is amended to read:
508 26-61a-201.  Medical cannabis patient card -- Medical cannabis guardian card --
509Conditional medical cannabis card -- Application -- Fees -- Studies.
510 (1) (a)  The department shall, within 15 days after the day on which an individual who
511satisfies the eligibility criteria in this section or Section 26-61a-202 submits an application in
512accordance with this section or Section 26-61a-202:
513 (i)  issue a medical cannabis patient card to an individual described in Subsection
514(2)(a);
515 (ii)  issue a medical cannabis guardian card to an individual described in Subsection
516(2)(b);
517 (iii)  issue a provisional patient card to a minor described in Subsection (2)(c); and
518 (iv)  issue a medical cannabis caregiver card to an individual described in Subsection
51926-61a-202(4).
520 (b) (i)  Beginning on the earlier of September 1, 2021, or the date on which the
521electronic verification system is functionally capable of facilitating a conditional medical
522cannabis card under this Subsection (1)(b), upon the entry of a recommending medical
523provider's medical cannabis recommendation for a patient in the state electronic verification H.B. 230	01-17-23 2:26 PM
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524system, either by the provider or the provider's employee or by a medical cannabis pharmacy
525medical provider or medical cannabis pharmacy in accordance with Subsection
52626-61a-501(10)(a), the department shall issue to the patient an electronic conditional medical
527cannabis card, in accordance with this Subsection (1)(b).
528 (ii)  A conditional medical cannabis card is valid for the lesser of:
529 (A)  60 days; or
530 (B)  the day on which the department completes the department's review and issues a
531medical cannabis card under Subsection (1)(a), denies the patient's medical cannabis card
532application, or revokes the conditional medical cannabis card under Subsection (8).
533 (iii)  The department may issue a conditional medical cannabis card to an individual
534applying for a medical cannabis patient card for which approval of the Compassionate Use
535Board is not required.
536 (iv)  An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
537obligations under law applicable to a holder of the medical cannabis card for which the
538individual applies and for which the department issues the conditional medical cannabis card.
539 (2) (a)  An individual is eligible for a medical cannabis patient card if:
540 (i) (A)  the individual is at least 21 years old; or
541 (B)  the individual is 18, 19, or 20 years old, the individual petitions the Compassionate
542Use Board under Section 26-61a-105, and the Compassionate Use Board recommends
543department approval of the petition;
544 (ii)  the individual is a Utah resident;
545 (iii)  the individual's recommending medical provider recommends treatment with
546medical cannabis in accordance with Subsection (4);
547 (iv)  the individual signs an acknowledgment stating that the individual received the
548information described in Subsection (9); and
549 (v)  the individual pays to the department a fee in an amount that, subject to Subsection
55026-61a-109(5), the department sets in accordance with Section 63J-1-504.
551 (b) (i)  An individual is eligible for a medical cannabis guardian card if the individual:
552 (A)  is at least 18 years old;
553 (B)  is a Utah resident;
554 (C)  is the parent or legal guardian of a minor for whom the minor's qualified medical 01-17-23 2:26 PM	H.B. 230
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555provider recommends a medical cannabis treatment, the individual petitions the Compassionate
556Use Board under Section 26-61a-105, and the Compassionate Use Board recommends
557department approval of the petition;
558 (D)  the individual signs an acknowledgment stating that the individual received the
559information described in Subsection (9);
560 (E)  pays to the department a fee in an amount that, subject to Subsection
56126-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the
562criminal background check described in Section 26-61a-203; and
563 (F)  the individual has not been convicted of a misdemeanor or felony drug distribution
564offense under either state or federal law, unless the individual completed any imposed sentence
565six months or more before the day on which the individual applies for a medical cannabis
566guardian card.
567 (ii)  The department shall notify the Department of Public Safety of each individual that
568the department registers for a medical cannabis guardian card.
569 (c) (i)  A minor is eligible for a provisional patient card if:
570 (A)  the minor has a qualifying condition;
571 (B)  the minor's qualified medical provider recommends a medical cannabis treatment
572to address the minor's qualifying condition;
573 (C)  one of the minor's parents or legal guardians petitions the Compassionate Use
574Board under Section 26-61a-105, and the Compassionate Use Board recommends department
575approval of the petition; and
576 (D)  the minor's parent or legal guardian is eligible for a medical cannabis guardian card
577under Subsection (2)(b) or designates a caregiver under Subsection (2)(d) who is eligible for a
578medical cannabis caregiver card under Section 26-61a-202.
579 (ii)  The department shall automatically issue a provisional patient card to the minor
580described in Subsection (2)(c)(i) at the same time the department issues a medical cannabis
581guardian card to the minor's parent or legal guardian.
582 (d)  Beginning on the earlier of September 1, 2021, or the date on which the electronic
583verification system is functionally capable of servicing the designation, if the parent or legal
584guardian of a minor described in Subsections (2)(c)(i)(A) through (C) does not qualify for a
585medical cannabis guardian card under Subsection (2)(b), the parent or legal guardian may H.B. 230	01-17-23 2:26 PM
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586designate up to two caregivers in accordance with Subsection 26-61a-202(1)(c) to ensure that
587the minor has adequate and safe access to the recommended medical cannabis treatment.
588 (3) (a)  An individual who is eligible for a medical cannabis card described in
589Subsection (2)(a) or (b) shall submit an application for a medical cannabis card to the
590department:
591 (i)  through an electronic application connected to the state electronic verification
592system;
593 (ii)  with the recommending medical provider; and
594 (iii)  with information including:
595 (A)  the applicant's name, gender, age, and address;
596 (B)  the number of the applicant's valid form of photo identification;
597 (C)  for a medical cannabis guardian card, the name, gender, and age of the minor
598receiving a medical cannabis treatment under the cardholder's medical cannabis guardian card;
599and
600 (D)  for a provisional patient card, the name of the minor's parent or legal guardian who
601holds the associated medical cannabis guardian card.
602 (b)  The department shall ensure that a medical cannabis card the department issues
603under this section contains the information described in Subsection (3)(a)(iii).
604 (c) (i)  If a recommending medical provider determines that, because of age, illness, or
605disability, a medical cannabis patient cardholder requires assistance in administering the
606medical cannabis treatment that the recommending medical provider recommends, the
607recommending medical provider may indicate the cardholder's need in the state electronic
608verification system, either directly or, for a limited medical provider, through the order
609described in Subsections 26-61a-106(1)(c) and (d).
610 (ii)  If a recommending medical provider makes the indication described in Subsection
611(3)(c)(i):
612 (A)  the department shall add a label to the relevant medical cannabis patient card
613indicating the cardholder's need for assistance;
614 (B)  any adult who is 18 years old or older and who is physically present with the
615cardholder at the time the cardholder needs to use the recommended medical cannabis
616treatment may handle the medical cannabis treatment and any associated medical cannabis 01-17-23 2:26 PM	H.B. 230
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617device as needed to assist the cardholder in administering the recommended medical cannabis
618treatment; and
619 (C)  an individual of any age who is physically present with the cardholder in the event
620of an emergency medical condition, as that term is defined in Section 31A-1-301, may handle
621the medical cannabis treatment and any associated medical cannabis device as needed to assist
622the cardholder in administering the recommended medical cannabis treatment.
623 (iii)  A non-cardholding individual acting under Subsection (3)(c)(ii)(B) or (C) may not:
624 (A)  ingest or inhale medical cannabis;
625 (B)  possess, transport, or handle medical cannabis or a medical cannabis device outside
626of the immediate area where the cardholder is present or with an intent other than to provide
627assistance to the cardholder; or
628 (C)  possess, transport, or handle medical cannabis or a medical cannabis device when
629the cardholder is not in the process of being dosed with medical cannabis.
630 (4)  To recommend a medical cannabis treatment to a patient or to renew a
631recommendation, a recommending medical provider shall:
632 (a)  before recommending or renewing a recommendation for medical cannabis in a
633medicinal dosage form or a cannabis product in a medicinal dosage form:
634 (i)  verify the patient's and, for a minor patient, the minor patient's parent or legal
635guardian's valid form of identification described in Subsection (3)(a);
636 (ii)  review any record related to the patient and, for a minor patient, the patient's parent
637or legal guardian in:
638 (A)  for a qualified medical provider, the state electronic verification system; and
639 (B)  the controlled substance database created in Section 58-37f-201; and
640 (iii)  consider the recommendation in light of the patient's qualifying condition, history
641of substance use or opioid use disorder, and history of medical cannabis and controlled
642substance use during an initial face-to-face visit with the patient; and
643 (b)  state in the recommending medical provider's recommendation that the patient:
644 (i)  suffers from a qualifying condition, including the type of qualifying condition; and
645 (ii)  may benefit from treatment with cannabis in a medicinal dosage form or a cannabis
646product in a medicinal dosage form.
647 (5) (a)  Except as provided in Subsection (5)(b) or (c), a medical cannabis card that the H.B. 230	01-17-23 2:26 PM
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648department issues under this section is valid for the lesser of:
649 (i)  an amount of time that the recommending medical provider determines; or
650 (ii) (A)  six months for the first issuance, and, except as provided in Subsection
651(5)(a)(ii)(B), for a renewal; or
652 (B)  for a renewal, one year if, after at least one year following the issuance of the
653original medical cannabis card, the recommending medical provider determines that the patient
654has been stabilized on the medical cannabis treatment and a one-year renewal period is
655justified.
656 (b) (i)  A medical cannabis card that the department issues in relation to a terminal
657illness described in Section 26-61a-104 expires after one year.
658 (ii)  The recommending medical provider may revoke a recommendation that the
659provider made in relation to a terminal illness described in Section 26-61a-104 if the medical
660cannabis cardholder no longer has the terminal illness.
661 (c)  A medical cannabis card that the department issues in relation to acute pain as
662described in Section 26-61a-104 expires 30 days after the day on which the department first
663issues a conditional or full medical cannabis card.
664 (6) (a)  A medical cannabis patient card or a medical cannabis guardian card is
665renewable if:
666 (i)  at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) or
667(b); or
668 (ii)  the cardholder received the medical cannabis card through the recommendation of
669the Compassionate Use Board under Section 26-61a-105.
670 (b)  The recommending medical provider who made the underlying recommendation
671for the card of a cardholder described in Subsection (6)(a) may renew the cardholder's card
672through phone or video conference with the cardholder, at the recommending medical
673provider's discretion.
674 (c)  Before having access to a renewed card, a cardholder under Subsection (2)(a) or (b)
675shall pay to the department a renewal fee in an amount that:
676 (i)  subject to Subsection 26-61a-109(5), the department sets in accordance with Section
67763J-1-504; and
678 (ii)  may not exceed the cost of the relatively lower administrative burden of renewal in 01-17-23 2:26 PM	H.B. 230
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679comparison to the original application process.
680 (d)  If a minor meets the requirements of Subsection (2)(c), the minor's provisional
681patient card renews automatically at the time the minor's parent or legal guardian renews the
682parent or legal guardian's associated medical cannabis guardian card.
683 (7) (a)  A cardholder under this section shall carry the cardholder's valid medical
684cannabis card with the patient's name.
685 (b) (i)  A medical cannabis patient cardholder or a provisional patient cardholder may
686purchase, in accordance with this chapter and the recommendation underlying the card,
687cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a
688medical cannabis device.
689 (ii)  A cardholder under this section may possess or transport, in accordance with this
690chapter and the recommendation underlying the card, cannabis in a medicinal dosage form, a
691cannabis product in a medicinal dosage form, or a medical cannabis device.
692 (iii)  To address the qualifying condition underlying the medical cannabis treatment
693recommendation:
694 (A)  a medical cannabis patient cardholder or a provisional patient cardholder may use
695cannabis in a medicinal dosage form, a medical cannabis product in a medicinal dosage form,
696or a medical cannabis device; and
697 (B)  a medical cannabis guardian cardholder may assist the associated provisional
698patient cardholder with the use of cannabis in a medicinal dosage form, a medical cannabis
699product in a medicinal dosage form, or a medical cannabis device.
700 (8)  The department may revoke a medical cannabis card that the department issues
701under this section if the cardholder:
702 (a)  violates this chapter; or
703 (b)  is convicted under state or federal law of, after March 17, 2021, a drug distribution
704offense.
705 (9)  The department shall establish by rule, in accordance with Title 63G, Chapter 3,
706Utah Administrative Rulemaking Act, a process to provide information regarding the following
707to an individual receiving a medical cannabis card:
708 (a)  risks associated with medical cannabis treatment;
709 (b)  the fact that a condition's listing as a qualifying condition does not suggest that H.B. 230	01-17-23 2:26 PM
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710medical cannabis treatment is an effective treatment or cure for that condition, as described in
711Subsection 26-61a-104(1); and
712 (c)  other relevant warnings and safety information that the department determines.
713 (10)  The department may establish procedures by rule, in accordance with Title 63G,
714Chapter 3, Utah Administrative Rulemaking Act, to implement the application and issuance
715provisions of this section.
716 (11) (a)  On or before September 1, 2021, the department shall establish by rule, in
717accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to allow
718an individual from another state to register with the department in order to purchase medical
719cannabis or a medical cannabis device from a medical cannabis pharmacy while the individual
720is visiting the state.
721 (b)  The department may only provide the registration process described in Subsection
722(11)(a):
723 (i)  to a nonresident patient; and
724 (ii)  for no more than two visitation periods per calendar year of up to 21 calendar days
725per visitation period.
726 (12) (a)  A person may submit to the department a request to conduct a research study
727using medical cannabis cardholder data that the state electronic verification system contains.
728 (b)  The department shall review a request described in Subsection (12)(a) to determine
729whether an institutional review board[, as that term is defined in Section 26-61-102,] could
730approve the research study.
731 (c)  At the time an individual applies for a medical cannabis card, the department shall
732notify the individual:
733 (i)  of how the individual's information will be used as a cardholder;
734 (ii)  that by applying for a medical cannabis card, unless the individual withdraws
735consent under Subsection (12)(d), the individual consents to the use of the individual's
736information for external research; and
737 (iii)  that the individual may withdraw consent for the use of the individual's
738information for external research at any time, including at the time of application.
739 (d)  An applicant may, through the medical cannabis card application, and a medical
740cannabis cardholder may, through the state central patient portal, withdraw the applicant's or 01-17-23 2:26 PM	H.B. 230
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741cardholder's consent to participate in external research at any time.
742 (e)  The department may release, for the purposes of a study described in this
743Subsection (12), information about a cardholder under this section who consents to participate
744under Subsection (12)(c).
745 (f)  If an individual withdraws consent under Subsection (12)(d), the withdrawal of
746consent:
747 (i)  applies to external research that is initiated after the withdrawal of consent; and
748 (ii)  does not apply to research that was initiated before the withdrawal of consent.
749 (g)  The department may establish standards for a medical research study's validity, by
750rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
751 (13)  The department shall record the issuance or revocation of a medical cannabis card
752under this section in the controlled substance database.
753 Section 5.  Section 26-61a-703 is amended to read:
754 26-61a-703.  Report.
755 (1)  By the November interim meeting each year beginning in 2020, the department
756shall report to the Health and Human Services Interim Committee on:
757 (a)  the number of applications and renewal applications filed for medical cannabis
758cards;
759 (b)  the number of qualifying patients and designated caregivers;
760 (c)  the nature of the debilitating medical conditions of the qualifying patients;
761 (d)  the age and county of residence of cardholders;
762 (e)  the number of medical cannabis cards revoked;
763 (f)  the number of practitioners providing recommendations for qualifying patients;
764 (g)  the number of license applications and renewal license applications received;
765 (h)  the number of licenses the department has issued in each county;
766 (i)  the number of licenses the department has revoked;
767 (j)  the quantity of medical cannabis shipments that the state central patient portal
768facilitates;
769 (k)  the number of overall purchases of medical cannabis and medical cannabis products
770from each medical cannabis pharmacy;
771 (l)  the expenses incurred and revenues generated from the medical cannabis program; H.B. 230	01-17-23 2:26 PM
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772and
773 (m)  an analysis of product availability in medical cannabis pharmacies.
774 (2)  The report shall include information provided by the Center for Medical Cannabis
775Research described in Section 53B-17-1402.
776 [(2)] (3)  The department may not include personally identifying information in the
777report described in this section.
778 [(3)] (4)  During the 2022 legislative interim, the department shall report to the working
779group described in Section 36-12-8.2 as requested by the working group.
780 Section 6.  Section 53B-17-1401 is enacted to read:
781	CHAPTER 17. UNIVERSITY OF UTAH
782	Part 14. Center for Medical Cannabis Research
783 53B-17-1401. Definitions.
784 As used in this part:
785 (1)  "Academic research cannabis license" means the license described in Title 4,
786Chapter 41a, Part 9, Academic Medical Cannabis Research.
787 (2)  "Cannabis" means the same as that term is defined in Section 26-61a-102.
788 (3)  "Cannabis cultivation facility" means the same as that term is defined in Section
7894-41a-102.
790 (4)  "Cannabis product" means the same as that term is defined in Section 26-61a-102.
791 (5)  "Center" means the Center for the Medical Cannabis Research created in Section
79253B-17-1402.
793 (6)  "Eligible institution" means an institution of higher education that:
794 (a)  is located in Utah; and
795 (b)  has or will obtain an academic research cannabis license.
796 (7)  "Medical cannabis patient card" means the same as that term is defined in Section
79726-61a-102.
798 Section 7.  Section 53B-17-1402 is enacted to read:
799 53B-17-1402. Center creation -- Duties.
800 (1)  There is created the Center for Medical Cannabis Research within the University of
801Utah.
802 (2)  The center: 01-17-23 2:26 PM	H.B. 230
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803 (a)  shall seek state, federal, and private funds to award grants for medical cannabis
804research;
805 (b)  shall facilitate and support funding for research related to the health effects,
806including the potential risks or side effects, of the use of cannabis products;
807 (c)  shall facilitate and support funding for research related to the efficacy and potential
808health effects of various cannabis delivery methods, including vaporizing, ingesting, topical
809application, and combustion;
810 (d)  shall support researchers in applying for and securing federal and private research
811grant funding for expanding medical cannabis research;
812 (e)  shall review current and future cannabis research literature, clinical studies, and
813clinical trials;
814 (f)  shall educate medical providers, lawmakers, and the public about medical cannabis
815research advances;
816 (g)  shall, if requested, consult with researchers and eligible institutions seeking to
817conduct medical cannabis research regarding legal implications of the research under state and
818federal law;
819 (h)  shall monitor, to the extent that appropriate and sufficient data are available, patient
820outcomes in any state with a medicinal cannabis program;
821 (i)  may coordinate, share knowledge, and share best practices with a state:
822 (i)  that has a medical cannabis program; and
823 (ii)  is conducting cannabis research;
824 (j)  may award or facilitate funding for grants to an eligible institution for medical
825cannabis research, including research regarding the growing of a medical-grade cannabis plant
826that is used for a cannabis product;
827 (k)  shall support a licensed cannabis cultivation facility to provide medical-grade
828cannabis products for research;
829 (l)  shall make any research conducted by the center publicly available;
830 (m)  shall maintain a catalog of all published scientific reports based on projects funded
831or managed by the center;
832 (n)  shall ensure that an individual who agrees to use a cannabis product as part of a
833research project conducted by the center or a grantee has: H.B. 230	01-17-23 2:26 PM
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834 (i)  a valid medical cannabis patient card from the state; or
835 (ii)  if included in the research project as a resident of another state, the equivalent of a
836medical cannabis patient card under the laws of another state, district, territory,
837commonwealth, or insular possession of the United States;
838 (o)  shall obtain an academic research cannabis license;
839 (p)  may apply for, or assist an eligible institution to apply for, a federal cannabis
840cultivation registration to locate a cannabis cultivation site in Utah; and
841 (q)  for the report described in Section 26-61a-703, shall provide information to the
842Department of Health and Human Services describing:
843 (i)  all research projects that are funded by a grant awarded by the center, including
844which institution received the grant; and
845 (ii)  all research projects conducted by the center.
846 (3)  The University of Utah shall provide staff for the center.
847 Section 8.  Repealer.
848 This bill repeals:
849 Section 26-61-101, Title.
850 Section 26-61-102, Definitions.
851 Section 26-61-103, Institutional review board -- Approved study of cannabis, a
852cannabinoid product, or an expanded cannabinoid product.
853 Section 26-61-201, Cannabis Research Review Board.
854 Section 26-61-202, Duties.