2nd Sub. H.B. 230
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: C. Williams 6
6 02-01-23 1:48 PM 6
H.B. 230
2nd Sub. (Gray)
Representative Jennifer Dailey-Provost proposes the following substitute bill:
1 CENTER FOR MEDI CAL CANNABIS RESEARCH
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer Dailey-Provost
5 Senate Sponsor: Evan J. Vickers
6
7LONG TITLE
8General Description:
9 This bill creates the Center for Medical Cannabis Research.
10Highlighted Provisions:
11 This bill:
12 <defines terms;
13 <modifies membership requirements for members of the Cannabis Research Review
14Board;
15 <creates the Center for Medical Cannabis Research (center) within the University of
16Utah;
17 <requires the Department of Health and Human Services to work with the center to
18create guidance on medical cannabis use;
19 <allows the center to be funded by the Qualified Patient Enterprise Fund; and
20 <establishes the center's duties.
21Money Appropriated in this Bill:
22 This bill appropriates in fiscal year 2024:
23 <to the University of Utah - Education and General - Center for Medical Cannabis
24Research, as an ongoing appropriation:
25 Cfrom the Qualified Patient Enterprise Fund, $650,000.
*HB0230S02* 2nd Sub. (Gray) H.B. 230 02-01-23 1:48 PM
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26Other Special Clauses:
27 None
28Utah Code Sections Affected:
29AMENDS:
30 26-61-201, as last amended by Laws of Utah 2022, Chapter 452
31 26-61a-109, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
32 26-61a-703, as last amended by Laws of Utah 2022, Chapter 97
33ENACTS:
34 26-61a-117, Utah Code Annotated 1953
35 53B-17-1401, Utah Code Annotated 1953
36 53B-17-1402, Utah Code Annotated 1953
37
38Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 26-61-201 is amended to read:
40 26-61-201. Cannabis Research Review Board.
41 (1) There is created the Cannabis Research Review Board within the department.
42 (2) The department shall appoint, in consultation with a professional association based
43in the state that represents physicians, seven members to the Cannabis Research Review Board
44as follows:
45 (a) three individuals who are medical research professionals; and
46 (b) four physicians [who]:
47 (i) who are qualified medical providers; and
48 (ii) at least two who have at least 100 patients with a medical cannabis patient card at
49the time of appointment.
50 (3) The department shall ensure that at least one of the board members appointed under
51Subsection (2) is a member of the Controlled Substances Advisory Committee created in
52Section 58-38a-201.
53 (4) (a) Four of the board members appointed under Subsection (2) shall serve an initial
54term of two years and three of the board members appointed under Subsection (2) shall serve
55an initial term of four years.
56 (b) Successor board members shall each serve a term of four years. 02-01-23 1:48 PM 2nd Sub. (Gray) H.B. 230
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57 (c) A board member appointed to fill a vacancy on the board shall serve the remainder
58of the term of the board member whose departure created the vacancy.
59 (5) The department may remove a board member without cause.
60 (6) The board shall:
61 (a) nominate a board member to serve as chairperson of the board by a majority vote of
62the board members; and
63 (b) meet as often as necessary to accomplish the duties assigned to the board under this
64chapter.
65 (7) Each board member, including the chair, has one vote.
66 (8) (a) A majority of board members constitutes a quorum.
67 (b) A vote of a majority of the quorum at any board meeting is necessary to take action
68on behalf of the board.
69 (9) A board member may not receive compensation for the member's service on the
70board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
71Chapter 3, Utah Administrative Rulemaking Act, receive:
72 (a) per diem at the rate established under Section 63A-3-106; and
73 (b) travel expenses at the rate established under Section 63A-3-107.
74 (10) If a board member appointed under Subsection (2)(b) does not meet the
75qualifications of Subsection (2)(b) before July 1, 2022:
76 (a) the board member's seat is vacant; and
77 (b) the department shall fill the vacancy in accordance with this section.
78 Section 2. Section 26-61a-109 is amended to read:
79 26-61a-109. Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality.
80 (1) There is created an enterprise fund known as the "Qualified Patient Enterprise
81Fund."
82 (2) The fund created in this section is funded from:
83 (a) money the department deposits into the fund under this chapter;
84 (b) appropriations the Legislature makes to the fund; and
85 (c) the interest described in Subsection (3).
86 (3) Interest earned on the fund shall be deposited into the fund.
87 [(4) The department may only use money in the fund to fund the department's 2nd Sub. (Gray) H.B. 230 02-01-23 1:48 PM
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88responsibilities under this chapter]
89 (4) Money deposited into the fund may only be used by:
90 (a) the department to accomplish the department's responsibilities described in this
91chapter; and
92 (b) the Center for Medical Cannabis Research created in Section 53B-17-1402 to
93accomplish the Center for Medical Cannabis Research's responsibilities.
94 (5) The department shall set fees authorized under this chapter in amounts that the
95department anticipates are necessary, in total, to cover the department's cost to implement this
96chapter.
97 Section 3. Section 26-61a-117 is enacted to read:
98 26-61a-117. Guidance for treatment with medical cannabis.
99 The department, in consultation with the Center for Medical Cannabis Research created
100in Section 53B-17-1402, shall:
101 (1) develop evidence-based guidance for treatment with medical cannabis based on the
102latest medical research that shall include:
103 (a) for each qualifying condition, a summary of the latest medical research regarding
104the treatment of the qualifying condition with medical cannabis;
105 (b) risks, contraindications, side effects, and adverse reactions that are associated with
106medical cannabis use; and
107 (c) potential drug interactions between medical cannabis and medications that have
108been approved by the United States Food and Drug Administration; and
109 (2) educate recommending medical providers, pharmacy medical providers, medical
110cannabis cardholders, and the public regarding:
111 (a) the evidence-based guidance for treatment with medical cannabis described in
112Subsection (1)(a);
113 (b) relevant warnings and safety information related to medical cannabis use; and
114 (c) other topics related to medical cannabis use as determined by the department.
115 Section 4. Section 26-61a-703 is amended to read:
116 26-61a-703. Report.
117 (1) By the November interim meeting each year beginning in 2020, the department
118shall report to the Health and Human Services Interim Committee on: 02-01-23 1:48 PM 2nd Sub. (Gray) H.B. 230
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119 (a) the number of applications and renewal applications filed for medical cannabis
120cards;
121 (b) the number of qualifying patients and designated caregivers;
122 (c) the nature of the debilitating medical conditions of the qualifying patients;
123 (d) the age and county of residence of cardholders;
124 (e) the number of medical cannabis cards revoked;
125 (f) the number of practitioners providing recommendations for qualifying patients;
126 (g) the number of license applications and renewal license applications received;
127 (h) the number of licenses the department has issued in each county;
128 (i) the number of licenses the department has revoked;
129 (j) the quantity of medical cannabis shipments that the state central patient portal
130facilitates;
131 (k) the number of overall purchases of medical cannabis and medical cannabis products
132from each medical cannabis pharmacy;
133 (l) the expenses incurred and revenues generated from the medical cannabis program;
134and
135 (m) an analysis of product availability in medical cannabis pharmacies.
136 (2) The report shall include information provided by the Center for Medical Cannabis
137Research described in Section 53B-17-1402.
138 [(2)] (3) The department may not include personally identifying information in the
139report described in this section.
140 [(3)] (4) During the 2022 legislative interim, the department shall report to the working
141group described in Section 36-12-8.2 as requested by the working group.
142 Section 5. Section 53B-17-1401 is enacted to read:
143 CHAPTER 17. UNIVERSITY OF UTAH
144 Part 14. Center for Medical Cannabis Research
145 53B-17-1401. Definitions.
146 As used in this part:
147 (1) "Academic research cannabis license" means the license described in Title 4,
148Chapter 41a, Part 9, Academic Medical Cannabis Research.
149 (2) "Cannabis" means the same as that term is defined in Section 26-61a-102. 2nd Sub. (Gray) H.B. 230 02-01-23 1:48 PM
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150 (3) "Cannabis cultivation facility" means the same as that term is defined in Section
1514-41a-102.
152 (4) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
153 (5) "Center" means the Center for the Medical Cannabis Research created in Section
15453B-17-1402.
155 (6) "Eligible institution" means an institution of higher education that:
156 (a) is located in Utah; and
157 (b) has or will obtain an academic research cannabis license.
158 (7) "Medical cannabis patient card" means the same as that term is defined in Section
15926-61a-102.
160 Section 6. Section 53B-17-1402 is enacted to read:
161 53B-17-1402. Center creation -- Duties.
162 (1) There is created the Center for Medical Cannabis Research within the University of
163Utah.
164 (2) The center:
165 (a) shall seek state, federal, and private funds to award grants for medical cannabis
166research;
167 (b) shall facilitate and support funding for research related to the health effects,
168including the potential risks or side effects, of the use of cannabis products;
169 (c) shall facilitate and support funding for research related to the efficacy and potential
170health effects of various cannabis delivery methods, including vaporizing, ingesting, topical
171application, and combustion;
172 (d) shall support researchers in applying for and securing federal and private research
173grant funding for expanding medical cannabis research;
174 (e) shall review current and future cannabis research literature, clinical studies, and
175clinical trials;
176 (f) shall educate medical providers, lawmakers, and the public about medical cannabis
177research advances;
178 (g) shall, if requested, consult with researchers and eligible institutions seeking to
179conduct medical cannabis research regarding legal implications of the research under state and
180federal law; 02-01-23 1:48 PM 2nd Sub. (Gray) H.B. 230
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181 (h) shall monitor, to the extent that appropriate and sufficient data are available, patient
182outcomes in any state with a medicinal cannabis program;
183 (i) may coordinate, share knowledge, and share best practices with a state:
184 (i) that has a medical cannabis program; and
185 (ii) is conducting cannabis research;
186 (j) may award or facilitate funding for grants to an eligible institution for medical
187cannabis research, including research regarding the growing of a medical-grade cannabis plant
188that is used for a cannabis product;
189 (k) shall support a licensed cannabis cultivation facility to provide medical-grade
190cannabis products for research;
191 (l) shall make, for research conducted by the center, the research outcomes publicly
192available;
193 (m) shall maintain a catalog of all published scientific reports based on projects funded
194or managed by the center;
195 (n) shall ensure that an individual who agrees to use a cannabis product as part of a
196research project conducted by the center or a grantee has:
197 (i) a valid medical cannabis patient card from the state; or
198 (ii) if included in the research project as a resident of another state, the equivalent of a
199medical cannabis patient card under the laws of another state, district, territory,
200commonwealth, or insular possession of the United States;
201 (o) shall obtain an academic research cannabis license;
202 (p) may apply for, or assist an eligible institution to apply for, a federal cannabis
203cultivation registration to locate a cannabis cultivation site in Utah; and
204 (q) for the report described in Section 26-61a-703, shall provide information to the
205Department of Health and Human Services describing:
206 (i) all research projects that are funded by a grant awarded by the center, including
207which institution received the grant;
208 (ii) all research projects conducted by the center; and
209 (iii) the adequacy of funding for the center's duties.
210 (3) For research funded, conducted, or facilitated by the center, the center shall ensure
211the research: 2nd Sub. (Gray) H.B. 230 02-01-23 1:48 PM
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212 (a) includes appropriate research development, testing, and evaluation; and
213 (b) if the research involves human subjects, is reviewed, approved, and overseen by an
214institutional review board as defined in Section 26-61-102.
215 (4) The University of Utah shall provide staff for the center.
216 Section 7. Appropriation.
217 The following sums of money are appropriated for the fiscal year beginning July 1,
2182023, and ending June 30, 2024. These are additions to amounts previously appropriated for
219fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
220Act, the Legislature appropriates the following sums of money from the funds or accounts
221indicated for the use and support of the government of the state of Utah.
222ITEM 1
223To University of Utah - Education and General
224 From Qualified Patient Enterprise Fund 650,000
225 Schedule of Programs:
226 Center for Medical Cannabis Research 650,000
227 The Legislature intends that the Center for Medical Cannabis Research (center) use the
228appropriation under this item to carry out the center's duties described in Section 53B-17-1402.