Utah 2023 Regular Session

Utah House Bill HB0230 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 230
	1	+	2nd Sub. H.B. 230
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: C. Williams 6
	4	+	6 02-01-23 1:48 PM 6
	5	+	H.B. 230
	6	+	2nd Sub. (Gray)
	7	+	Representative Jennifer Dailey-Provost proposes the following substitute bill:
2	8		1 CENTER FOR MEDI CAL CANNABIS RESEARCH
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Jennifer Dailey-Provost
6	12		5 Senate Sponsor: Evan J. Vickers
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill creates the Center for Medical Cannabis Research.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <defines terms;
14	20		13 <modifies membership requirements for members of the Cannabis Research Review
15	21		14Board;
16	22		15 <creates the Center for Medical Cannabis Research (center) within the University of
17	23		16Utah;
18	24		17 <requires the Department of Health and Human Services to work with the center to
19	25		18create guidance on medical cannabis use;
20	26		19 <allows the center to be funded by the Qualified Patient Enterprise Fund; and
21	27		20 <establishes the center's duties.
22	28		21Money Appropriated in this Bill:
23	29		22 This bill appropriates in fiscal year 2024:
24	30		23 <to the University of Utah - Education and General - Center for Medical Cannabis
25	31		24Research, as an ongoing appropriation:
26	32		25 Cfrom the Qualified Patient Enterprise Fund, $650,000.
	33	+	HB0230S02 2nd Sub. (Gray) H.B. 230 02-01-23 1:48 PM
	34	+	- 2 -
27	35		26Other Special Clauses:
28	36		27 None
29	37		28Utah Code Sections Affected:
30		-	29AMENDS: H.B. 230 Enrolled Copy
31		-	- 2 -
	38	+	29AMENDS:
32	39		30 26-61-201, as last amended by Laws of Utah 2022, Chapter 452
33	40		31 26-61a-109, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
34	41		32 26-61a-703, as last amended by Laws of Utah 2022, Chapter 97
35	42		33ENACTS:
36	43		34 26-61a-117, Utah Code Annotated 1953
37	44		35 53B-17-1401, Utah Code Annotated 1953
38	45		36 53B-17-1402, Utah Code Annotated 1953
39	46		37
40	47		38Be it enacted by the Legislature of the state of Utah:
41	48		39 Section 1. Section 26-61-201 is amended to read:
42	49		40 26-61-201. Cannabis Research Review Board.
43	50		41 (1) There is created the Cannabis Research Review Board within the department.
44	51		42 (2) The department shall appoint, in consultation with a professional association based
45	52		43in the state that represents physicians, seven members to the Cannabis Research Review Board
46	53		44as follows:
47	54		45 (a) three individuals who are medical research professionals; and
48	55		46 (b) four physicians [who]:
49	56		47 (i) who are qualified medical providers; and
50	57		48 (ii) at least two who have at least 100 patients with a medical cannabis patient card at
51	58		49the time of appointment.
52	59		50 (3) The department shall ensure that at least one of the board members appointed under
53	60		51Subsection (2) is a member of the Controlled Substances Advisory Committee created in
54	61		52Section 58-38a-201.
55	62		53 (4) (a) Four of the board members appointed under Subsection (2) shall serve an initial
56	63		54term of two years and three of the board members appointed under Subsection (2) shall serve
57	64		55an initial term of four years.
58		-	56 (b) Successor board members shall each serve a term of four years.
59		-	57 (c) A board member appointed to fill a vacancy on the board shall serve the remainder Enrolled Copy H.B. 230
	65	+	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
60	66		- 3 -
	67	+	57 (c) A board member appointed to fill a vacancy on the board shall serve the remainder
61	68		58of the term of the board member whose departure created the vacancy.
62	69		59 (5) The department may remove a board member without cause.
63	70		60 (6) The board shall:
64	71		61 (a) nominate a board member to serve as chairperson of the board by a majority vote of
65	72		62the board members; and
66	73		63 (b) meet as often as necessary to accomplish the duties assigned to the board under this
67	74		64chapter.
68	75		65 (7) Each board member, including the chair, has one vote.
69	76		66 (8) (a) A majority of board members constitutes a quorum.
70	77		67 (b) A vote of a majority of the quorum at any board meeting is necessary to take action
71	78		68on behalf of the board.
72	79		69 (9) A board member may not receive compensation for the member's service on the
73	80		70board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
74	81		71Chapter 3, Utah Administrative Rulemaking Act, receive:
75	82		72 (a) per diem at the rate established under Section 63A-3-106; and
76	83		73 (b) travel expenses at the rate established under Section 63A-3-107.
77	84		74 (10) If a board member appointed under Subsection (2)(b) does not meet the
78	85		75qualifications of Subsection (2)(b) before July 1, 2022:
79	86		76 (a) the board member's seat is vacant; and
80	87		77 (b) the department shall fill the vacancy in accordance with this section.
81	88		78 Section 2. Section 26-61a-109 is amended to read:
82	89		79 26-61a-109. Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality.
83	90		80 (1) There is created an enterprise fund known as the "Qualified Patient Enterprise
84	91		81Fund."
85	92		82 (2) The fund created in this section is funded from:
86	93		83 (a) money the department deposits into the fund under this chapter;
87	94		84 (b) appropriations the Legislature makes to the fund; and
88		-	85 (c) the interest described in Subsection (3). H.B. 230 Enrolled Copy
	95	+	85 (c) the interest described in Subsection (3).
	96	+	86 (3) Interest earned on the fund shall be deposited into the fund.
	97	+	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
89	98		- 4 -
90		-	86 (3) Interest earned on the fund shall be deposited into the fund.
91		-	87 [(4) The department may only use money in the fund to fund the department's
92	99		88responsibilities under this chapter]
93	100		89 (4) Money deposited into the fund may only be used by:
94	101		90 (a) the department to accomplish the department's responsibilities described in this
95	102		91chapter; and
96	103		92 (b) the Center for Medical Cannabis Research created in Section 53B-17-1402 to
97	104		93accomplish the Center for Medical Cannabis Research's responsibilities.
98	105		94 (5) The department shall set fees authorized under this chapter in amounts that the
99	106		95department anticipates are necessary, in total, to cover the department's cost to implement this
100	107		96chapter.
101	108		97 Section 3. Section 26-61a-117 is enacted to read:
102	109		98 26-61a-117. Guidance for treatment with medical cannabis.
103	110		99 The department, in consultation with the Center for Medical Cannabis Research created
104	111		100in Section 53B-17-1402, shall:
105	112		101 (1) develop evidence-based guidance for treatment with medical cannabis based on the
106	113		102latest medical research that shall include:
107	114		103 (a) for each qualifying condition, a summary of the latest medical research regarding
108	115		104the treatment of the qualifying condition with medical cannabis;
109	116		105 (b) risks, contraindications, side effects, and adverse reactions that are associated with
110	117		106medical cannabis use; and
111	118		107 (c) potential drug interactions between medical cannabis and medications that have
112	119		108been approved by the United States Food and Drug Administration; and
113	120		109 (2) educate recommending medical providers, pharmacy medical providers, medical
114	121		110cannabis cardholders, and the public regarding:
115	122		111 (a) the evidence-based guidance for treatment with medical cannabis described in
116	123		112Subsection (1)(a);
117		-	113 (b) relevant warnings and safety information related to medical cannabis use; and Enrolled Copy H.B. 230
118		-	- 5 -
	124	+	113 (b) relevant warnings and safety information related to medical cannabis use; and
119	125		114 (c) other topics related to medical cannabis use as determined by the department.
120	126		115 Section 4. Section 26-61a-703 is amended to read:
121	127		116 26-61a-703. Report.
122	128		117 (1) By the November interim meeting each year beginning in 2020, the department
123		-	118shall report to the Health and Human Services Interim Committee on:
	129	+	118shall report to the Health and Human Services Interim Committee on: 02-01-23 1:48 PM 2nd Sub. (Gray) H.B. 230
	130	+	- 5 -
124	131		119 (a) the number of applications and renewal applications filed for medical cannabis
125	132		120cards;
126	133		121 (b) the number of qualifying patients and designated caregivers;
127	134		122 (c) the nature of the debilitating medical conditions of the qualifying patients;
128	135		123 (d) the age and county of residence of cardholders;
129	136		124 (e) the number of medical cannabis cards revoked;
130	137		125 (f) the number of practitioners providing recommendations for qualifying patients;
131	138		126 (g) the number of license applications and renewal license applications received;
132	139		127 (h) the number of licenses the department has issued in each county;
133	140		128 (i) the number of licenses the department has revoked;
134	141		129 (j) the quantity of medical cannabis shipments that the state central patient portal
135	142		130facilitates;
136	143		131 (k) the number of overall purchases of medical cannabis and medical cannabis products
137	144		132from each medical cannabis pharmacy;
138	145		133 (l) the expenses incurred and revenues generated from the medical cannabis program;
139	146		134and
140	147		135 (m) an analysis of product availability in medical cannabis pharmacies.
141	148		136 (2) The report shall include information provided by the Center for Medical Cannabis
142	149		137Research described in Section 53B-17-1402.
143	150		138 [(2)] (3) The department may not include personally identifying information in the
144	151		139report described in this section.
145	152		140 [(3)] (4) During the 2022 legislative interim, the department shall report to the working
146		-	141group described in Section 36-12-8.2 as requested by the working group. H.B. 230 Enrolled Copy
147		-	- 6 -
	153	+	141group described in Section 36-12-8.2 as requested by the working group.
148	154		142 Section 5. Section 53B-17-1401 is enacted to read:
149	155		143 CHAPTER 17. UNIVERSITY OF UTAH
150	156		144 Part 14. Center for Medical Cannabis Research
151	157		145 53B-17-1401. Definitions.
152	158		146 As used in this part:
153	159		147 (1) "Academic research cannabis license" means the license described in Title 4,
154	160		148Chapter 41a, Part 9, Academic Medical Cannabis Research.
155		-	149 (2) "Cannabis" means the same as that term is defined in Section 26-61a-102.
	161	+	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
	162	+	- 6 -
156	163		150 (3) "Cannabis cultivation facility" means the same as that term is defined in Section
157	164		1514-41a-102.
158	165		152 (4) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
159	166		153 (5) "Center" means the Center for the Medical Cannabis Research created in Section
160	167		15453B-17-1402.
161	168		155 (6) "Eligible institution" means an institution of higher education that:
162	169		156 (a) is located in Utah; and
163	170		157 (b) has or will obtain an academic research cannabis license.
164	171		158 (7) "Medical cannabis patient card" means the same as that term is defined in Section
165	172		15926-61a-102.
166	173		160 Section 6. Section 53B-17-1402 is enacted to read:
167	174		161 53B-17-1402. Center creation -- Duties.
168	175		162 (1) There is created the Center for Medical Cannabis Research within the University of
169	176		163Utah.
170	177		164 (2) The center:
171	178		165 (a) shall seek state, federal, and private funds to award grants for medical cannabis
172	179		166research;
173	180		167 (b) shall facilitate and support funding for research related to the health effects,
174	181		168including the potential risks or side effects, of the use of cannabis products;
175		-	169 (c) shall facilitate and support funding for research related to the efficacy and potential Enrolled Copy H.B. 230
176		-	- 7 -
	182	+	169 (c) shall facilitate and support funding for research related to the efficacy and potential
177	183		170health effects of various cannabis delivery methods, including vaporizing, ingesting, topical
178	184		171application, and combustion;
179	185		172 (d) shall support researchers in applying for and securing federal and private research
180	186		173grant funding for expanding medical cannabis research;
181	187		174 (e) shall review current and future cannabis research literature, clinical studies, and
182	188		175clinical trials;
183	189		176 (f) shall educate medical providers, lawmakers, and the public about medical cannabis
184	190		177research advances;
185	191		178 (g) shall, if requested, consult with researchers and eligible institutions seeking to
186	192		179conduct medical cannabis research regarding legal implications of the research under state and
187		-	180federal law;
	193	+	180federal law; 02-01-23 1:48 PM 2nd Sub. (Gray) H.B. 230
	194	+	- 7 -
188	195		181 (h) shall monitor, to the extent that appropriate and sufficient data are available, patient
189	196		182outcomes in any state with a medicinal cannabis program;
190	197		183 (i) may coordinate, share knowledge, and share best practices with a state:
191	198		184 (i) that has a medical cannabis program; and
192	199		185 (ii) is conducting cannabis research;
193	200		186 (j) may award or facilitate funding for grants to an eligible institution for medical
194	201		187cannabis research, including research regarding the growing of a medical-grade cannabis plant
195	202		188that is used for a cannabis product;
196	203		189 (k) shall support a licensed cannabis cultivation facility to provide medical-grade
197	204		190cannabis products for research;
198	205		191 (l) shall make, for research conducted by the center, the research outcomes publicly
199	206		192available;
200	207		193 (m) shall maintain a catalog of all published scientific reports based on projects funded
201	208		194or managed by the center;
202	209		195 (n) shall ensure that an individual who agrees to use a cannabis product as part of a
203	210		196research project conducted by the center or a grantee has:
204		-	197 (i) a valid medical cannabis patient card from the state; or H.B. 230 Enrolled Copy
205		-	- 8 -
	211	+	197 (i) a valid medical cannabis patient card from the state; or
206	212		198 (ii) if included in the research project as a resident of another state, the equivalent of a
207	213		199medical cannabis patient card under the laws of another state, district, territory,
208	214		200commonwealth, or insular possession of the United States;
209	215		201 (o) shall obtain an academic research cannabis license;
210	216		202 (p) may apply for, or assist an eligible institution to apply for, a federal cannabis
211	217		203cultivation registration to locate a cannabis cultivation site in Utah; and
212	218		204 (q) for the report described in Section 26-61a-703, shall provide information to the
213	219		205Department of Health and Human Services describing:
214	220		206 (i) all research projects that are funded by a grant awarded by the center, including
215	221		207which institution received the grant;
216	222		208 (ii) all research projects conducted by the center; and
217	223		209 (iii) the adequacy of funding for the center's duties.
218	224		210 (3) For research funded, conducted, or facilitated by the center, the center shall ensure
219		-	211the research:
	225	+	211the research: 2nd Sub. (Gray) H.B. 230 02-01-23 1:48 PM
	226	+	- 8 -
220	227		212 (a) includes appropriate research development, testing, and evaluation; and
221	228		213 (b) if the research involves human subjects, is reviewed, approved, and overseen by an
222	229		214institutional review board as defined in Section 26-61-102.
223	230		215 (4) The University of Utah shall provide staff for the center.
224	231		216 Section 7. Appropriation.
225	232		217 The following sums of money are appropriated for the fiscal year beginning July 1,
226	233		2182023, and ending June 30, 2024. These are additions to amounts previously appropriated for
227	234		219fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
228	235		220Act, the Legislature appropriates the following sums of money from the funds or accounts
229	236		221indicated for the use and support of the government of the state of Utah.
230	237		222ITEM 1
231	238		223To University of Utah - Education and General
232	239		224 From Qualified Patient Enterprise Fund 650,000
233		-	225 Schedule of Programs: Enrolled Copy H.B. 230
234		-	- 9 -
	240	+	225 Schedule of Programs:
235	241		226 Center for Medical Cannabis Research 650,000
236	242		227 The Legislature intends that the Center for Medical Cannabis Research (center) use the
237	243		228appropriation under this item to carry out the center's duties described in Section 53B-17-1402.