Utah 2025 Regular Session

Utah House Bill HB0054 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 54
	1	+	03-07 10:17 2nd Sub. (Gray) H.B. 54
	2	+	Evan J. Vickers proposes the following substitute bill:
2	3		1
3	4		Cannabinoid Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Jennifer Dailey-Provost
7	8		Senate Sponsor: Evan J. Vickers
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill amends provisions related to hemp and medical cannabis regulation.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines terms;
22	23		9
23	24		▸ prohibits certain cannabinoids from being used in cannabinoid products;
24	25		10
25	26		▸ allows the Department of Agriculture and Food to limit certain types of cannabinoids that
26	27		11
27	28		are found in a cannabinoid product;
28	29		12
29	30		▸ amends background check requirements for cannabinoid processor licenses;
30	31		13
31	32		▸ amends qualifications for obtaining a cannabinoid processor license;
32	33		14
33	34		▸ requires industrial hemp retailers to maintain a video surveillance system;
34	35		15
35	36		▸ amends provisions related to cannabinoid product enforcement;
36	37		16
37		-	▸ requires a person to have a ~~cannabinoid~~ processor license to transport hemp concentrate;
	38	+	▸ requires a person to have a cannabis processor license to transport hemp concentrate;
38	39		17
39	40		▸ removes the requirement that certain cannabinoid products be in a medicinal dosage form;
40	41		18
41	42		▸ allows for additional medical cannabis pharmacies;
42	43		19
43	44		▸ creates a new medical cannabis pharmacy license for independent medical cannabis
44	45		20
45	46		pharmacies;
46	47		21
47	48		▸ creates ownership restrictions for independent medical cannabis pharmacies;
48	49		22
49	50		▸ adjusts fees for certain medical cannabis pharmacy licenses;
50	51		23
51	52		▸ amends provisions regarding cannabis production and sanitation;
52	53		24
53	54		▸ modifies provisions related to enforcement and appeals;
54	55		25
55	56		▸ amends provisions related to closed-door medical cannabis pharmacies;
56	57		26
57	58		▸ allows a cannabis processing facility to have a website that includes product information;
58	59		27
59		-	▸ amends provisions regarding when the department may seize products and test products; ~~H.B. 54 Enrolled Copy~~
	60	+	▸ amends provisions regarding when the department may seize products and test products;
60	61		28
61	62		▸ amends provisions related to information a medical cannabis pharmacy must have
	63	+	2nd Sub. H.B. 54 2nd Sub. (Gray) H.B. 54 03-07 10:17
62	64		29
63	65		available to a patient purchasing medical cannabis;
64	66		30
65	67		▸ creates a reporting requirement for the department;
66	68		31
67	69		▸ repeals sections related to the state central patient portal; and
68	70		32
69	71		▸ makes technical and conforming changes.
70	72		33
71	73		Money Appropriated in this Bill:
72	74		34
73	75		None
74	76		35
75	77		Other Special Clauses:
76	78		36
77	79		None
78	80		37
79	81		Utah Code Sections Affected:
80	82		38
81	83		AMENDS:
82	84		39
83	85		4-41-102, as last amended by Laws of Utah 2024, Chapter 35
84	86		40
85	87		4-41-103.2, as last amended by Laws of Utah 2023, Chapter 146
86	88		41
87	89		4-41-103.3, as last amended by Laws of Utah 2023, Chapters 146, 327
88	90		42
89	91		4-41-105, as last amended by Laws of Utah 2024, Chapter 35
90	92		43
91	93		4-41-404, as last amended by Laws of Utah 2019, Chapter 23
92	94		44
93	95		4-41a-102, as last amended by Laws of Utah 2024, Chapters 217, 238 and 240
94	96		45
95	97		4-41a-403, as last amended by Laws of Utah 2023, Chapter 327
96	98		46
97	99		4-41a-501, as last amended by Laws of Utah 2023, Chapter 313
98	100		47
99	101		4-41a-701, as last amended by Laws of Utah 2023, Chapters 313, 317
100	102		48
101	103		4-41a-801, as renumbered and amended by Laws of Utah 2018, Third Special Session,
102	104		49
103	105		Chapter 1
104	106		50
105	107		4-41a-802, as last amended by Laws of Utah 2024, Chapter 217
106	108		51
107	109		4-41a-1001, as last amended by Laws of Utah 2024, Chapters 217, 238 and 240
108	110		52
109	111		4-41a-1003, as last amended by Laws of Utah 2023, Chapter 435 and renumbered and
110	112		53
111	113		amended by Laws of Utah 2023, Chapters 273, 307 and last amended by Coordination Clause,
112	114		54
113	115		Laws of Utah 2023, Chapter 307
114	116		55
115	117		4-41a-1005, as last amended by Laws of Utah 2024, Chapter 217
116	118		56
117	119		4-41a-1101, as last amended by Laws of Utah 2024, Chapter 217
118	120		57
119	121		4-41a-1201, as enacted by Laws of Utah 2023, Chapter 273
120	122		58
121	123		4-41a-1202, as last amended by Laws of Utah 2024, Chapters 217, 240
122	124		59
123	125		4-41a-1203, as renumbered and amended by Laws of Utah 2023, Chapters 273, 307 and
124	126		60
125	127		last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
126	128		61
127	129		4-41a-1206, as enacted by Laws of Utah 2024, Chapter 238
128		-	- 2 - Enrolled Copy H.B. 54
129	130		62
130	131		26B-1-435, as last amended by Laws of Utah 2024, Chapters 238, 240
	132	+	- 2 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
131	133		63
132	134		26B-4-201, as last amended by Laws of Utah 2024, Chapters 217, 240
133	135		64
134	136		26B-4-202, as last amended by Laws of Utah 2024, Chapters 217, 240
135	137		65
136	138		26B-4-214, as last amended by Laws of Utah 2024, Chapter 240
137	139		66
138	140		26B-4-222, as last amended by Laws of Utah 2024, Chapter 240
139	141		67
140	142		58-37-3.6, as last amended by Laws of Utah 2024, Chapter 35
141	143		68
142	144		58-85-102, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
143	145		69
144	146		63N-3-1301, as enacted by Laws of Utah 2024, Chapter 35
145	147		70
146	148		77-39-101, as last amended by Laws of Utah 2024, Chapter 35
147	149		71
148	150		ENACTS:
149	151		72
150	152		4-41-405, Utah Code Annotated 1953
151	153		73
152	154		4-41a-1006, Utah Code Annotated 1953
153	155		74
154	156		REPEALS:
155	157		75
156	158		26B-4-236, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
157	159		76
158	160		and amended by Laws of Utah 2023, Chapter 307 and last amended by Coordination Clause,
159	161		77
160	162		Laws of Utah 2023, Chapter 307
161	163		78
162	164
163	165		79
164	166		Be it enacted by the Legislature of the state of Utah:
165	167		80
166	168		Section 1. Section 4-41-102 is amended to read:
167	169		81
168	170		4-41-102 . Definitions.
169	171		82
170	172		As used in this chapter:
171	173		83
172	174		(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be
173	175		84
174	176		injurious to human health, including:
175	177		85
176	178		(a) pesticides;
177	179		86
178	180		(b) heavy metals;
179	181		87
180	182		(c) solvents;
181	183		88
182	184		(d) microbial life;
183	185		89
184	186		(e) artificially derived cannabinoids;
185	187		90
186	188		(f) toxins; or
187	189		91
188	190		(g) foreign matter.
189	191		92
190	192		(2)(a) "Artificially derived cannabinoid" means a chemical substance that is created by a
191	193		93
192	194		chemical reaction that changes the molecular structure of any chemical substances
193	195		94
194	196		derived from the cannabis plant.
195	197		95
196	198		(b) "Artificially derived cannabinoid" does not include:
197		-	- 3 - H.B. 54 Enrolled Copy
198	199		96
199	200		(i) a naturally occurring chemical substance that is separated from the cannabis plant
	201	+	- 3 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
200	202		97
201	203		by a chemical or mechanical extraction process; or
202	204		98
203	205		(ii) cannabinoids that are produced by decarboxylation from a naturally occurring
204	206		99
205	207		cannabinoid acid without the use of a chemical catalyst.
206	208		100
207	209		(3) "Cannabidiol" or "CBD" means the cannabinoid identified as CAS# 13956-29-1.
208	210		101
209	211		(4) "Cannabidiolic acid" or "CBDA" means the cannabinoid identified as CAS# 1244-58-2.
210	212		102
211	213		(5) "Cannabinoid processor license" means a license that the department issues to a person
212	214		103
213	215		for the purpose of processing a cannabinoid product.
214	216		104
215	217		(6) "Cannabinoid product" means a product that:
216	218		105
217	219		(a) contains or is represented to contain one or more naturally occurring cannabinoids;
218	220		106
219	221		(b) contains less than the cannabinoid product THC level, by dry weight;
220	222		107
221	223		(c) contains a combined amount of total THC and any THC analog that does not exceed
222	224		108
223	225		10% of the total cannabinoid content;
224	226		109
225	227		(d) does not exceed a total of THC and any THC analog that is greater than:
226	228		110
227	229		(i) 5 milligrams per serving; and
228	230		111
229	231		(ii) 150 milligrams per package; and
230	232		112
231	233		(e) unless the product is in an oil based suspension, has a serving size that:
232	234		113
233	235		(i) is an integer; and
234	236		114
235	237		(ii) is a discrete unit of the cannabinoid product.
236	238		115
237	239		(7) "Cannabinoid product class" means a group of cannabinoid products that:
238	240		116
239	241		(a) have all ingredients in common; and
240	242		117
241	243		(b) are produced by or for the same company.
242	244		118
243	245		(8) "Cannabinoid product THC level" means a combined concentration of total THC and
244	246		119
245	247		any THC analog of less than 0.3% on a dry weight basis if laboratory testing confirms a
246	248		120
247	249		result within a measurement of uncertainty that includes the combined concentration of
248	250		121
249	251		0.3%.
250	252		122
251	253		(9) "Cannabis" means the same as that term is defined in Section 26B-4-201.
252	254		123
253	255		(10) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid identified as
254	256		124
255	257		CAS# 1972-08-3, the primary psychotropic cannabinoid in cannabis.
256	258		125
257	259		(11) "Industrial hemp" means any part of a cannabis plant, whether growing or not, with a
258	260		126
259	261		concentration of less than 0.3% tetrahydrocannabinol by dry weight.
260	262		127
261	263		(12) "Industrial hemp producer registration" means a registration that the department issues
262	264		128
263	265		to a person for the purpose of processing industrial hemp or an industrial hemp product.
264	266		129
265	267		(13)(a) "Industrial hemp product" means a product made by processing industrial hemp
266		-	- 4 - Enrolled Copy H.B. 54
267	268		130
268	269		plants or industrial hemp parts.
	270	+	- 4 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
269	271		131
270	272		(b) "Industrial hemp product" does not include cannabinoid material or a cannabinoid
271	273		132
272	274		product.
273	275		133
274	276		[(13)] (14) "Industrial hemp retailer permit" means a permit that the department issues to a
275	277		134
276	278		retailer who sells any viable industrial hemp seed or cannabinoid product.
277	279		135
278	280		[(14)(a) "Industrial hemp product" means a product made by processing industrial hemp
279	281		136
280	282		plants or industrial hemp parts.]
281	283		137
282	284		[(b) "Industrial hemp product" does not include cannabinoid material.]
283	285		138
284	286		(15) "Key participant" means any of the following:
285	287		139
286	288		(a) a licensee;
287	289		140
288	290		(b) an operation manager;
289	291		141
290	292		(c) a site manager; or
291	293		142
292	294		(d) an employee who has access to any industrial hemp material with a THC
293	295		143
294	296		concentration above 0.3%.
295	297		144
296	298		(16) "Licensee" means a person possessing a cannabinoid processor license that the
297	299		145
298	300		department issues under this chapter.
299	301		146
300	302		(17) "Newly identified cannabinoid" means a cannabinoid that:
301	303		147
302	304		(a) is not expressly identified by chemical name or CAS number in this chapter; and
303	305		148
304	306		(b) is identified by the department under Section 4-41-405.
305	307		149
306	308		[(17)] (18) "Non-compliant material" means:
307	309		150
308	310		(a) a hemp plant that does not comply with this chapter, including a cannabis plant with
309	311		151
310	312		a concentration of 0.3% tetrahydrocannabinol or greater by dry weight;[ and]
311	313		152
312	314		(b) a cannabinoid product, chemical, or compound with a concentration that exceeds the
313	315		153
314	316		cannabinoid product THC level[.] ; and
315	317		154
316	318		(c) a cannabinoid product containing any of the following:
317	319		155
318	320		(i) delta-9-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS#
319	321		156
320	322		54763-99-4;
321	323		157
322	324		(ii) delta-8-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS#
323	325		158
324	326		51768-60-6;
325	327		159
326	328		(iii) delta-9-tetrahyrdocannabinol (THC) acetate, the cannabinoid identified as CAS#
327	329		160
328	330		23132-17-4;
329	331		161
330	332		(iv) delta-8-tetrahydrocannabinol (THC) acetate, the cannabinoid identified as CAS#
331	333		162
332	334		23050-54-6;
333	335		163
334	336		(v) 9(s)-hexahydrocannabinol (HHC), the cannabinoid identified as CAS#
335		-	- 5 - H.B. 54 Enrolled Copy
336	337		164
337	338		36403-91-5; or
	339	+	- 5 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
338	340		165
339	341		(vi) 9(r)-hexahyrdocannabinol (HHC), the cannabinoid identified as CAS#
340	342		166
341	343		36403-90-4.
342	344		167
343	345		[(18)] (19) "Permittee" means a person possessing a permit that the department issues under
344	346		168
345	347		this chapter.
346	348		169
347	349		[(19)] (20) "Person" means:
348	350		170
349	351		(a) an individual, partnership, association, firm, trust, limited liability company, or
350	352		171
351	353		corporation; and
352	354		172
353	355		(b) an agent or employee of an individual, partnership, association, firm, trust, limited
354	356		173
355	357		liability company, or corporation.
356	358		174
357	359		[(20)] (21) "Retailer permittee" means a person possessing an industrial hemp retailer permit
358	360		175
359	361		that the department issues under this chapter.
360	362		176
361	363		[(21)] (22) "Tetrahydrocannabinol" or "THC" means a delta-9-tetrahydrocannabinol, the
362	364		177
363	365		cannabinoid identified as CAS# 1972-08-3.
364	366		178
365	367		[(22)] (23)(a) "THC analog" means a substance that is structurally or pharmacologically
366	368		179
367	369		substantially similar to, or is represented as being similar to, delta-9-THC.
368	370		180
369	371		(b) "THC analog" does not include the following substances or the naturally occurring
370	372		181
371	373		acid forms of the following substances:
372	374		182
373	375		(i) cannabichromene (CBC), the cannabinoid identified as CAS# 20675-51-8;
374	376		183
375	377		(ii) cannabicyclol (CBL), the cannabinoid identified as CAS# 21366-63-2;
376	378		184
377	379		(iii) cannabidiol (CBD), the cannabinoid identified as CAS# 13956-29-1;
378	380		185
379	381		(iv) cannabidivarol (CBDV), the cannabinoid identified as CAS# 24274-48-4;
380	382		186
381	383		(v) cannabielsoin (CBE), the cannabinoid identified as CAS# 52025-76-0;
382	384		187
383	385		(vi) cannabigerol (CBG), the cannabinoid identified as CAS# 25654-31-3;
384	386		188
385	387		(vii) cannabigerovarin (CBGV), the cannabinoid identified as CAS# 55824-11-8;
386	388		189
387	389		(viii) cannabinol (CBN), the cannabinoid identified as CAS# 521-35-7;
388	390		190
389	391		(ix) cannabivarin (CBV), the cannabinoid identified as CAS# 33745-21-0; or
390	392		191
391	393		(x) delta-9-tetrahydrocannabivarin (THCV), the cannabinoid identified as CAS#
392	394		192
393	395		31262-37-0.
394	396		193
395	397		[(23)] (24) "Total cannabidiol" or "total CBD" means the combined amounts of cannabidiol
396	398		194
397	399		and cannabidiolic acid, calculated as "total CBD = CBD + (CBDA x 0.877)".
398	400		195
399	401		[(24)] (25) "Total tetrahydrocannabinol" or "total THC" means the sum of the determined
400	402		196
401	403		amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC =
402	404		197
403	405		delta-9-THC + (THCA x 0.877)".
404		-	- 6 - Enrolled Copy H.B. 54
405	406		198
406	407		[(25)] (26) "Transportable industrial hemp concentrate" means any amount of a natural
	408	+	- 6 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
407	409		199
408	410		cannabinoid in a purified state that:
409	411		200
410	412		(a) is the product of any chemical or physical process applied to naturally occurring
411	413		201
412	414		biomass that concentrates or isolates the cannabinoids contained in the biomass;
413	415		202
414	416		(b) is derived from a cannabis plant that, based on sampling that was collected no more
415	417		203
416	418		than 30 days before the day on which the cannabis plant was harvested, contains a
417	419		204
418	420		combined concentration of total THC and any THC analog of less than 0.3% on a dry
419	421		205
420	422		weight basis;
421	423		206
422	424		(c) has a THC and THC analog concentration total that is less than 20% when
423	425		207
424	426		concentrated from the cannabis plant to the purified state; and
425	427		208
426	428		(d) is intended to be processed into a cannabinoid product.
427	429		209
428	430		Section 2. Section 4-41-103.2 is amended to read:
429	431		210
430	432		4-41-103.2 . Cannabinoid processor license.
431	433		211
432	434		(1) The department or a licensee of the department may process a cannabinoid product.
433	435		212
434	436		(2) A person seeking a cannabinoid processor license shall provide to the department:
435	437		213
436	438		(a) the legal description and global positioning coordinates sufficient for locating the
437	439		214
438	440		facility the person uses to process industrial hemp; and
439	441		215
440	442		(b) written consent allowing a representative of the department and local law
441	443		216
442	444		enforcement to enter all premises where the person processes or stores industrial
443	445		217
444	446		hemp for the purpose of:
445	447		218
446	448		(i) conducting a physical inspection; or
447	449		219
448	450		(ii) ensuring compliance with the requirements of this chapter.
449	451		220
450	452		[(3) An individual who has been convicted of a drug-related felony within the last 10 years
451	453		221
452	454		is not eligible to obtain a cannabinoid processor license.]
453	455		222
454	456		[(4)] (3) The department may set a fee in accordance with Subsection 4-2-103(2) for the
455	457		223
456	458		application for a cannabinoid processor license.
457	459		224
458	460		[(5)] (4) A licensee may only market a cannabinoid product that the licensee processes.
459	461		225
460		-	(5)(a) An applicant for a ~~cannabinoid~~ processor license shall:
	462	+	(5)(a) An applicant for a cannabis processor license shall:
461	463		226
462	464		(i) be at least 18 years old; and
463	465		227
464	466		(ii) submit a nationwide criminal history from the Federal Bureau of Investigation to
465	467		228
466	468		the department.
467	469		229
468		-	(b) The department shall reject an individual's application for a ~~cannabinoid~~ processor
	470	+	(b) The department shall reject an individual's application for a cannabis processor
469	471		230
470	472		license if the criminal history described in Subsection (5)(a)(ii) was not completed in
471	473		231
472	474		the previous 90 days before the day the applicant submits the license application to
473		-	- 7 - H.B. 54 Enrolled Copy
474	475		232
475	476		the department.
	477	+	- 7 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
476	478		233
477		-	(6) An applicant is not eligible to receive a ~~cannabinoid~~ processor license if the applicant
	479	+	(6) An applicant is not eligible to receive a cannabis processor license if the applicant has:
478	480		234
479		-	~~has:~~
	481	+	(a) been convicted of a felony; or
480	482		235
481		-	(a) been convicted of a ~~felony; or~~
	483	+	(b) been convicted of a drug-related misdemeanor within the previous ten years.
482	484		236
483		-	(b) ~~been convicted of~~ a ~~drug-related misdemeanor within~~ the ~~previous 10 years.~~
	485	+	[(6)(a) Each applicant for a license to process cannabinoid products shall submit to the
484	486		237
485		-	~~[(6)(a)~~ Each ~~applicant for a license to process cannabinoid products shall submit to the~~
	487	+	department, at the time of application, from each key participant:]
486	488		238
487		-	~~department, at~~ the ~~time~~ of ~~application, from each key participant:~~]
	489	+	[(i) a fingerprint card in a form acceptable to the Department of Public Safety;]
488	490		239
489		-	[(i) a ~~fingerprint card~~ in ~~a form acceptable to~~ the ~~Department of Public Safety;]~~
	491	+	[(ii) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
490	492		240
491		-	~~[(ii) a signed waiver~~ in ~~accordance with Subsection 53-10-108(4) acknowledging the~~
	493	+	registration of the individual's fingerprints in the Federal Bureau of Investigation
492	494		241
	495	+	Next Generation Identification System's Rap Back Service; and]
	496	+	242
	497	+	[(iii) consent to a fingerprint background check by:]
	498	+	243
	499	+	[(A) the Bureau of Criminal Identification; and]
	500	+	244
	501	+	[(B) the Federal Bureau of Investigation.]
	502	+	245
	503	+	[(b) The Bureau of Criminal Identification shall:]
	504	+	246
	505	+	[(i) check the fingerprints the applicant submits under Subsection (6)(a) against the
	506	+	247
	507	+	applicable state, regional, and national criminal records databases, including the
	508	+	248
	509	+	Federal Bureau of Investigation Next Generation Identification System;]
	510	+	249
	511	+	[(ii) report the results of the background check to the department;]
	512	+	250
	513	+	[(iii) maintain a separate file of fingerprints that applicants submit under Subsection
	514	+	251
	515	+	(6)(a) for search by future submissions to the local and regional criminal records
	516	+	252
	517	+	databases, including latent prints;]
	518	+	253
	519	+	[(iv) request that the fingerprints be retained in the Federal Bureau of Investigation
	520	+	254
	521	+	Next Generation Identification System's Rap Back Service for search by future
	522	+	255
	523	+	submissions to national criminal records databases, including the Next Generation
	524	+	256
	525	+	Identification System and latent prints; and]
	526	+	257
	527	+	[(v) establish a privacy risk mitigation strategy to ensure that the department only
	528	+	258
	529	+	receives notifications for an individual with whom the department maintains an
	530	+	259
	531	+	authorizing relationship.]
	532	+	260
	533	+	[(c) The department shall:]
	534	+	261
	535	+	[(i) assess an individual who submits fingerprints under Subsection (6)(a) a fee in an
	536	+	262
	537	+	amount that the department sets in accordance with Section 63J-1-504 for the
	538	+	263
	539	+	services that the Bureau of Criminal Identification or another authorized agency
	540	+	264
	541	+	provides under this section; and]
	542	+	265
	543	+	[(ii) remit the fee described in Subsection (6)(c)(i) to the Bureau of Criminal
	544	+	266
	545	+	Identification.]
	546	+	- 8 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	547	+	267
	548	+	Section 3. Section 4-41-103.3 is amended to read:
	549	+	268
	550	+	4-41-103.3 . Industrial hemp retailer permit.
	551	+	269
	552	+	(1) Except as provided in Subsection [(4)] (5), a retailer permittee of the department may
	553	+	270
	554	+	market or sell a cannabinoid product or a viable industrial hemp seed.
	555	+	271
	556	+	(2) A person seeking an industrial hemp retailer permit shall provide to the department:
	557	+	272
	558	+	(a) the name of the person that is seeking to market or sell a cannabinoid product or a
	559	+	273
	560	+	viable industrial hemp seed;
	561	+	274
	562	+	(b) the address of each location where a cannabinoid product or a viable industrial hemp
	563	+	275
	564	+	seed will be sold; and
	565	+	276
	566	+	(c) written consent allowing a representative of the department to enter all premises
	567	+	277
	568	+	where the person is selling a cannabinoid product or a viable industrial hemp seed for
	569	+	278
	570	+	the purpose of:
	571	+	279
	572	+	(i) conducting a physical inspection; or
	573	+	280
	574	+	(ii) ensuring compliance with the requirements of this chapter.
	575	+	281
	576	+	(3) Beginning January 1, 2026, an industrial hemp retailer permittee shall:
	577	+	282
	578	+	(a) maintain a video surveillance system that:
	579	+	283
	580	+	(i) is able to monitor who purchases a cannabinoid product from the permittee;
	581	+	284
	582	+	(ii) is tamper proof; and
	583	+	285
	584	+	(iii) stores a video record for at least 45 days; and
	585	+	286
	586	+	(b) provide the department access to the video surveillance system upon request.
	587	+	287
	588	+	[(3)] (4) The department may set a fee in accordance with Subsection 4-2-103(2) for the
	589	+	288
	590	+	application for an industrial hemp retailer permit.
	591	+	289
	592	+	[(4)] (5) Any marketing for a cannabinoid product or a viable industrial hemp seed shall
	593	+	290
	594	+	include a notice to consumers that the product is hemp and is not cannabis or medical
	595	+	291
	596	+	cannabis, as those terms are defined in Section 26B-4-201.
	597	+	292
	598	+	Section 4. Section 4-41-105 is amended to read:
	599	+	293
	600	+	4-41-105 . Unlawful acts.
	601	+	294
	602	+	(1) It is unlawful for a person to handle, process, or market living industrial hemp plants,
	603	+	295
	604	+	viable hemp seeds, leaf materials, or floral materials derived from industrial hemp
	605	+	296
	606	+	without the appropriate license or permit issued by the department under this chapter.
	607	+	297
	608	+	(2)(a) It is unlawful for any person to:
	609	+	298
	610	+	(i) distribute, sell, or market a cannabinoid product that is:
	611	+	299
	612	+	(A) not registered with the department under Section 4-41-104; or
	613	+	300
	614	+	(B) noncompliant material;
	615	+	- 9 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	616	+	301
	617	+	(ii) except as provided in Subsection (2)(b), transport into or out of the state extracted
	618	+	302
	619	+	material or final product that contains 0.3% or more of total THC and any THC
	620	+	303
	621	+	analog;
	622	+	304
	623	+	(iii) sell or use a cannabinoid product that is:
	624	+	305
	625	+	(A) added to a conventional food or beverage, as the department further defines in
	626	+	306
	627	+	rules described in Section 4-41-403;
	628	+	307
	629	+	(B) marketed or manufactured to be enticing to children, as further defined in
	630	+	308
	631	+	rules described in Section 4-41-403; or
	632	+	309
	633	+	(C) smokable flower; or
	634	+	310
	635	+	(iv) knowingly or intentionally sell or give a cannabinoid product that contains THC
	636	+	311
	637	+	or a THC analog in the course of business to an individual who is not at least 21
	638	+	312
	639	+	years old.
	640	+	313
	641	+	(b) A person may transport transportable industrial hemp concentrate if the person:
	642	+	314
	643	+	(i) complies with rules created by the department under Section 4-41-103.1 related to
	644	+	315
	645	+	transportable industrial hemp concentrate; and
	646	+	316
	647	+	(ii)(A) has [an industrial hemp producer registration] a cannabinoid processor
	648	+	317
	649	+	license; or
	650	+	318
	651	+	(B) the equivalent to [an industrial hemp producer registration] a cannabinoid
	652	+	319
	653	+	processor license from another state.
	654	+	320
	655	+	(3) The department may seize and destroy non-compliant material.
	656	+	321
	657	+	(4) Nothing in this chapter authorizes any person to violate federal law, regulation, or any
	658	+	322
	659	+	provision of this title.
	660	+	323
	661	+	Section 5. Section 4-41-404 is amended to read:
	662	+	324
	663	+	4-41-404 . Department duties.
	664	+	325
	665	+	The department [shall assess the fine described in Subsection 4-41-403(4) ] may take an
	666	+	326
	667	+	enforcement action in accordance with Section 4-41-106 against any person who offers an
	668	+	327
	669	+	unregistered cannabinoid product for sale in this state.
	670	+	328
	671	+	Section 6. Section 4-41-405 is enacted to read:
	672	+	329
	673	+	4-41-405 . Newly identified cannabinoid.
	674	+	330
	675	+	(1) For a newly identified cannabinoid, the department may:
	676	+	331
	677	+	(a) establish a maximum allowable concentration that a cannabinoid product may
	678	+	332
	679	+	contain of the newly identified cannabinoid;
	680	+	333
	681	+	(b) prohibit the newly identified cannabinoid from appearing in a cannabinoid product;
	682	+	334
	683	+	or
	684	+	- 10 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	685	+	335
	686	+	(c) modify the maximum allowable concentration described in Subsection (1)(a) as
	687	+	336
	688	+	necessary if it would not create a threat to public health.
	689	+	337
	690	+	(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
	691	+	338
	692	+	department shall make rules to implement Subsection (1).
	693	+	339
	694	+	Section 7. Section 4-41a-102 is amended to read:
	695	+	340
	696	+	4-41a-102 . Definitions.
	697	+	341
	698	+	As used in this chapter:
	699	+	342
	700	+	(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be
	701	+	343
	702	+	injurious to health, including:
	703	+	344
	704	+	(a) pesticides;
	705	+	345
	706	+	(b) heavy metals;
	707	+	346
	708	+	(c) solvents;
	709	+	347
	710	+	(d) microbial life;
	711	+	348
	712	+	(e) artificially derived cannabinoid;
	713	+	349
	714	+	(f) toxins; or
	715	+	350
	716	+	(g) foreign matter.
	717	+	351
	718	+	(2) "Advertise" or "advertising" means information provided by a person in any medium:
	719	+	352
	720	+	(a) to the public; and
	721	+	353
	722	+	(b) that is not age restricted to an individual who is at least 21 years old.
	723	+	354
	724	+	(3) "Advisory board" means the Medical Cannabis Policy Advisory Board created in
	725	+	355
	726	+	Section 26B-1-435.
	727	+	356
	728	+	(4)(a) "Anticompetitive business practice" means any practice that reduces the amount
	729	+	357
	730	+	of competition in the medical cannabis market that would be considered an attempt to
	731	+	358
	732	+	monopolize, as defined in Section 76-10-3103.
	733	+	359
	734	+	(b) "Anticompetitive business practice" may include:
	735	+	360
	736	+	(i) agreements that may be considered unreasonable when competitors interact to the
	737	+	361
	738	+	extent that they are:
	739	+	362
	740	+	(A) no longer acting independently; or
	741	+	363
	742	+	(B) when collaborating are able to wield market power together;
	743	+	364
	744	+	(ii) monopolizing or attempting to monopolize trade by:
	745	+	365
	746	+	(A) acting to maintain or acquire a dominant position in the market; or
	747	+	366
	748	+	(B) preventing new entry into the market; or
	749	+	367
	750	+	(iii) other conduct outlined in rule.
	751	+	368
	752	+	(5)(a) "Artificially derived cannabinoid" means a chemical substance that is created by a
	753	+	- 11 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	754	+	369
	755	+	chemical reaction that changes the molecular structure of any chemical substance
	756	+	370
	757	+	derived from the cannabis plant.
	758	+	371
	759	+	(b) "Artificially derived cannabinoid" does not include:
	760	+	372
	761	+	(i) a naturally occurring chemical substance that is separated from the cannabis plant
	762	+	373
	763	+	by a chemical or mechanical extraction process; or
	764	+	374
	765	+	(ii) a cannabinoid that is produced by decarboxylation from a naturally occurring
	766	+	375
	767	+	cannabinoid acid without the use of a chemical catalyst.
	768	+	376
	769	+	(6) "Batch" means a quantity of:
	770	+	377
	771	+	(a) cannabis extract produced on a particular date and time and produced between
	772	+	378
	773	+	completion of equipment and facility sanitation protocols until the next required
	774	+	379
	775	+	sanitation cycle during which lots of cannabis are used;
	776	+	380
	777	+	(b) cannabis product produced on a particular date and time and produced between
	778	+	381
	779	+	completion of equipment and facility sanitation protocols until the next required
	780	+	382
	781	+	sanitation cycle during which cannabis extract is used; or
	782	+	383
	783	+	(c) cannabis flower packaged on a particular date and time and produced between
	784	+	384
	785	+	completion of equipment and facility sanitation protocols until the next required
	786	+	385
	787	+	sanitation cycle during which lots of cannabis are being used.
	788	+	386
	789	+	[(6)] (7) "Cannabis Research Review Board" means the Cannabis Research Review Board
	790	+	387
	791	+	created in Section 26B-1-420.
	792	+	388
	793	+	[(7)] (8) "Cannabis" means the same as that term is defined in Section 26B-4-201.
	794	+	389
	795	+	[(8)] (9) "Cannabis concentrate" means:
	796	+	390
	797	+	(a) the product of any chemical or physical process applied to naturally occurring
	798	+	391
	799	+	biomass that concentrates or isolates the cannabinoids contained in the biomass; and
	800	+	392
	801	+	(b) any amount of a natural cannabinoid or artificially derived cannabinoid in an
	802	+	393
	803	+	artificially derived cannabinoid's purified state.
	804	+	394
	805	+	[(9)] (10) "Cannabis cultivation byproduct" means any portion of a cannabis plant that is not
	806	+	395
	807	+	intended to be sold as a cannabis plant product.
	808	+	396
	809	+	[(10)] (11) "Cannabis cultivation facility" means a person that:
	810	+	397
	811	+	(a) possesses cannabis;
	812	+	398
	813	+	(b) grows or intends to grow cannabis; and
	814	+	399
	815	+	(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis
	816	+	400
	817	+	processing facility, or a medical cannabis research licensee.
	818	+	401 [(11)] (12) "Cannabis cultivation facility agent" means an individual who
	819	+	402
	820	+	holds a valid cannabis production establishment agent registration card with a cannabis
	821	+	- 12 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	822	+	403
	823	+	cultivation facility designation.
	824	+	404
	825	+	[(12)] (13) "Cannabis derivative product" means a product made using cannabis concentrate.
	826	+	405
	827	+	[(13)] (14) "Cannabis plant product" means any portion of a cannabis plant intended to be
	828	+	406
	829	+	sold in a form that is recognizable as a portion of a cannabis plant.
	830	+	407
	831	+	[(14)] (15) "Cannabis processing facility" means a person that:
	832	+	408
	833	+	(a) acquires or intends to acquire cannabis from a cannabis production establishment;
	834	+	409
	835	+	(b) possesses cannabis with the intent to manufacture a cannabis product;
	836	+	410
	837	+	(c) manufactures or intends to manufacture a cannabis product from unprocessed
	838	+	411
	839	+	cannabis or a cannabis extract; and
	840	+	412
	841	+	(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a
	842	+	413
	843	+	medical cannabis research licensee.
	844	+	414 [(15)] (16) "Cannabis processing facility agent" means an individual who
	845	+	415
	846	+	holds a valid cannabis production establishment agent registration card with a cannabis
	847	+	416
	848	+	processing facility designation.
	849	+	417
	850	+	[(16)] (17) "Cannabis product" means the same as that term is defined in Section 26B-4-201.
	851	+	418
	852	+	[(17)] (18) "Cannabis production establishment" means a cannabis cultivation facility, a
	853	+	419
	854	+	cannabis processing facility, or an independent cannabis testing laboratory.
	855	+	420
	856	+	[(18)] (19) "Cannabis production establishment agent" means a cannabis cultivation facility
	857	+	421
	858	+	agent, a cannabis processing facility agent, or an independent cannabis testing laboratory
	859	+	422
	860	+	agent.
	861	+	423
	862	+	[(19)] (20) "Cannabis production establishment agent registration card" means a registration
	863	+	424
	864	+	card that the department issues that:
	865	+	425
	866	+	(a) authorizes an individual to act as a cannabis production establishment agent; and
	867	+	426
	868	+	(b) designates the type of cannabis production establishment for which an individual is
	869	+	427
	870	+	authorized to act as an agent.
	871	+	428
	872	+	[(20)] (21) "Closed-door medical cannabis pharmacy" means a facility operated by a home
	873	+	429
	874	+	delivery medical cannabis pharmacy for delivering [cannabis or a medical cannabis
	875	+	430
	876	+	product] medical cannabis.
	877	+	431
	878	+	[(21)] (22) "Community location" means a public or private elementary or secondary school,
	879	+	432
	880	+	a church, a public library, a public playground, or a public park.
	881	+	433
	882	+	[(22)] (23) "Cultivation space" means, quantified in square feet, the horizontal area in which
	883	+	434
	884	+	a cannabis cultivation facility cultivates cannabis, including each level of horizontal area
	885	+	435
	886	+	if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants
	887	+	436
	888	+	above other plants in multiple levels.
	889	+	- 13 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	890	+	437
	891	+	[(23)] (24) "Delivery address" means:
	892	+	438
	893	+	(a) for a medical cannabis cardholder who is not a facility:
	894	+	439
	895	+	(i) the medical cannabis cardholder's home address; or
	896	+	440
	897	+	(ii) an address designated by the medical cannabis cardholder that:
	898	+	441
	899	+	(A) is the medical cannabis cardholder's workplace; and
	900	+	442
	901	+	(B) is not a community location; or
	902	+	443
	903	+	(b) for a medical cannabis cardholder that is a facility, the facility's address.
	904	+	444
	905	+	[(24)] (25) "Department" means the Department of Agriculture and Food.
	906	+	445
	907	+	[(25)] (26) "Family member" means a parent, step-parent, spouse, child, sibling,
	908	+	446
	909	+	step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law,
	910	+	447
	911	+	brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
	912	+	448
	913	+	[(26)] (27) "Government issued photo identification" means the same as that term is defined
	914	+	449
	915	+	in Section 26B-4-201, including expired identification in accordance with Section
	916	+	450
	917	+	26B-4-244.
	918	+	451
	919	+	[(27)] (28) "Home delivery medical cannabis pharmacy" means a medical cannabis
	920	+	452
	921	+	pharmacy that the department authorizes, as part of the pharmacy's license, to deliver
	922	+	453
	923	+	medical cannabis shipments to a delivery address to fulfill electronic orders[ that the
	924	+	454
	925	+	state central patient portal facilitates].
	926	+	455
	927	+	[(28)] (29)(a) "Independent cannabis testing laboratory" means a person that:
	928	+	456
	929	+	(i) conducts a chemical or other analysis of cannabis or a cannabis product; or
	930	+	457
	931	+	(ii) acquires, possesses, and transports cannabis or a cannabis product with the intent
	932	+	458
	933	+	to conduct a chemical or other analysis of the cannabis or cannabis product.
	934	+	459
	935	+	(b) "Independent cannabis testing laboratory" includes a laboratory that the department
	936	+	460
	937	+	or a research university operates in accordance with Subsection 4-41a-201(14).
	938	+	461 [(29)] (30) "Independent cannabis testing laboratory agent" means an individual who
	939	+	462
	940	+	holds a valid cannabis production establishment agent registration card with an
	941	+	463
	942	+	independent cannabis testing laboratory designation.
	943	+	464
	944	+	[(30)] (31) "Inventory control system" means a system described in Section 4-41a-103.
	945	+	465
	946	+	[(31)] (32) "Licensing board" or "board" means the Cannabis Production Establishment and
	947	+	466
	948	+	Pharmacy Licensing Advisory Board created in Section 4-41a-201.1.
	949	+	467
	950	+	[(32)] (33) "Medical cannabis" or "medical cannabis product" means the same as that term is
	951	+	468
	952	+	defined in Section 26B-4-201.
	953	+	469
	954	+	[(33)] (34) "Medical cannabis card" means the same as that term is defined in Section
	955	+	470
	956	+	26B-4-201.
	957	+	- 14 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	958	+	471
	959	+	[(34)] (35) "Medical cannabis courier" means a courier that:
	960	+	472
	961	+	(a) the department licenses in accordance with Section 4-41a-1201; and
	962	+	473
	963	+	(b) contracts with a home delivery medical cannabis pharmacy to deliver medical
	964	+	474
	965	+	cannabis shipments to fulfill electronic orders[ that the state central patient portal
	966	+	475
	967	+	facilitates].
	968	+	476
	969	+	[(35)] (36) "Medical cannabis courier agent" means an individual who:
	970	+	477
	971	+	(a) is an employee of a medical cannabis courier; and
	972	+	478
	973	+	(b) who holds a valid medical cannabis courier agent registration card.
	974	+	479
	975	+	[(36)] (37) "Medical cannabis pharmacy" means the same as that term is defined in Section
	976	+	480
	977	+	26B-4-201.
	978	+	481
	979	+	[(37)] (38) "Medical cannabis pharmacy agent" means the same as that term is defined in
	980	+	482
	981	+	Section 26B-4-201.
	982	+	483
	983	+	[(38)] (39) "Medical cannabis research license" means a license that the department issues to
	984	+	484
	985	+	a research university for the purpose of obtaining and possessing medical cannabis for
	986	+	485
	987	+	academic research.
	988	+	486
	989	+	[(39)] (40) "Medical cannabis research licensee" means a research university that the
	990	+	487
	991	+	department licenses to obtain and possess medical cannabis for academic research, in
	992	+	488
	993	+	accordance with Section 4-41a-901.
	994	+	489
	995	+	[(40)] (41) "Medical cannabis shipment" means a shipment of medical cannabis that a home
	996	+	490
	997	+	delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery
	998	+	491
	999	+	address to fulfill an electronic medical cannabis order[ that the state central patient portal
	1000	+	492
	1001	+	facilitates].
	1002	+	493
	1003	+	[(41)] (42) "Medical cannabis treatment" means the same as that term is defined in Section
	1004	+	494
	1005	+	26B-4-201.
	1006	+	495
	1007	+	[(42)] (43) "Medicinal dosage form" means the same as that term is defined in Section
	1008	+	496
	1009	+	26B-4-201.
	1010	+	497
	1011	+	[(43)] (44) "Pharmacy ownership limit" means an amount equal to 30% of the total number
	1012	+	498
	1013	+	of medical cannabis pharmacy licenses issued by the department rounded down to the
	1014	+	499
	1015	+	nearest whole number.
	1016	+	500
	1017	+	[(44)] (45) "Pharmacy medical provider" means the same as that term is defined in Section
	1018	+	501
	1019	+	26B-4-201.
	1020	+	502
	1021	+	[(45)] (46) "Qualified medical provider" means the same as that term is defined in Section
	1022	+	503
	1023	+	26B-4-201.
	1024	+	504
	1025	+	[(46)] (47) "Qualified Production Enterprise Fund" means the fund created in Section
	1026	+	- 15 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	1027	+	505
	1028	+	4-41a-104.
	1029	+	506
	1030	+	[(47)] (48) "Recommending medical provider" means the same as that term is defined in
	1031	+	507
	1032	+	Section 26B-4-201.
	1033	+	508
	1034	+	[(48)] (49) "Research university" means the same as that term is defined in Section
	1035	+	509
	1036	+	53B-7-702 and a private, nonprofit college or university in the state that:
	1037	+	510
	1038	+	(a) is accredited by the Northwest Commission on Colleges and Universities;
	1039	+	511
	1040	+	(b) grants doctoral degrees; and
	1041	+	512
	1042	+	(c) has a laboratory containing or a program researching a schedule I controlled
	1043	+	513
	1044	+	substance described in Section 58-37-4.
	1045	+	514
	1046	+	[(49)] (50) "State electronic verification system" means the system described in Section
	1047	+	515
	1048	+	26B-4-202.
	1049	+	516
	1050	+	[(50)] (51) "Targeted marketing" means the promotion of [a cannabis product,] medical
	1051	+	517
	1052	+	cannabis, a medical cannabis brand, or a medical cannabis device using any of the
	1053	+	518
	1054	+	following methods:
	1055	+	519
	1056	+	(a) electronic communication to an individual who is at least 21 years old and has
	1057	+	520
	1058	+	requested to receive promotional information;
	1059	+	521
	1060	+	(b) an in-person marketing event that is:
	1061	+	522
	1062	+	(i) held inside a medical cannabis pharmacy; and
	1063	+	523
	1064	+	(ii) in an area where only a medical cannabis cardholder may access the event;
	1065	+	524
	1066	+	(c) other marketing material that is physically available or digitally displayed in a
	1067	+	525
	1068	+	medical cannabis pharmacy; or
	1069	+	526
	1070	+	(d) a leaflet a medical cannabis pharmacy places in the opaque package or box that is
	1071	+	527
	1072	+	provided to an individual when obtaining medical cannabis:
	1073	+	528
	1074	+	(i) in the medical cannabis pharmacy;
	1075	+	529
	1076	+	(ii) at the medical cannabis pharmacy's drive-through pick up window; or
	1077	+	530
	1078	+	(iii) in a medical cannabis shipment.
	1079	+	531
	1080	+	[(51)] (52) "Tetrahydrocannabinol" or "THC" means the same as that term is defined in
	1081	+	532
	1082	+	Section 4-41-102.
	1083	+	533
	1084	+	[(52)] (53) "THC analog" means the same as that term is defined in Section 4-41-102.
	1085	+	534
	1086	+	[(53)] (54) "Total composite tetrahydrocannabinol" means all detectable forms of
	1087	+	535
	1088	+	tetrahydrocannabinol.
	1089	+	536
	1090	+	[(54)] (55) "Total tetrahydrocannabinol" or "total THC" means the same as that term is
	1091	+	537
	1092	+	defined in Section 4-41-102.
	1093	+	538
	1094	+	Section 8. Section 4-41a-403 is amended to read:
	1095	+	- 16 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	1096	+	539
	1097	+	4-41a-403 . Advertising.
	1098	+	540
	1099	+	(1) Except as provided in this section and Section 4-41a-604, a cannabis production
	1100	+	541
	1101	+	establishment may not advertise to the general public in any medium.
	1102	+	542
	1103	+	(2) A cannabis production establishment may advertise an employment opportunity at the
	1104	+	543
	1105	+	cannabis production establishment.
	1106	+	544
	1107	+	(3)(a) A cannabis production establishment may maintain a website that:
	1108	+	545
	1109	+	[(a)] (i) contains information about the establishment and employees; and
	1110	+	546
	1111	+	[(b)] (ii) except as provided in Subsection (3)(b), does not advertise any medical
	1112	+	547
	1113	+	cannabis, cannabis products, or medical cannabis devices.
	1114	+	548
	1115	+	(b) A cannabis processing facility may:
	1116	+	549
	1117	+	(i) if the website has age verification mechanisms that effectively prevent access by
	1118	+	550
	1119	+	individuals under 21 years of age, maintain a website that contains:
	1120	+	551
	1121	+	(A) educational information regarding medical cannabis produced by the cannabis
	1122	+	552
	1123	+	processing facility, including the certificate of analysis that is created by an
	1124	+	553
	1125	+	independent cannabis testing facility; and
	1126	+	554
	1127	+	(B) where medical cannabis produced by the cannabis processing facility may be
	1128	+	555
	1129	+	purchased in the state; and
	1130	+	556
	1131	+	(ii) engage in targeted marketing in accordance with Section 4-41a-604 for
	1132	+	557
	1133	+	advertising a particular medical cannabis product, medical cannabis device, or
	1134	+	558
	1135	+	medical cannabis brand.
	1136	+	559
	1137	+	(4)(a) Notwithstanding any municipal or county ordinance prohibiting signage, a
	1138	+	560
	1139	+	cannabis production establishment may use signage on the outside of the cannabis
	1140	+	561
	1141	+	production establishment that:
	1142	+	562
	1143	+	(i) includes only:
	1144	+	563
	1145	+	(A) in accordance with Subsection (4)(b), the cannabis production establishment's
	1146	+	564
	1147	+	name, logo, and hours of operation; and
	1148	+	565
	1149	+	(B) a green cross; and
	1150	+	566
	1151	+	(ii) complies with local ordinances regulating signage.
	1152	+	567
	1153	+	(b) The department shall define standards for a cannabis production establishment's
	1154	+	568
	1155	+	name and logo to ensure a medical rather than recreational disposition.
	1156	+	569
	1157	+	(5)(a) A cannabis production establishment may hold an educational event for the public
	1158	+	570
	1159	+	or medical providers in accordance with this Subsection (5) and the rules described in
	1160	+	571
	1161	+	Subsection (5)(c).
	1162	+	572
	1163	+	(b) A cannabis production establishment may not include in an educational event
	1164	+	- 17 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	1165	+	573
	1166	+	described in Subsection (5)(a):
	1167	+	574
	1168	+	(i) any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2,
	1169	+	575
	1170	+	Cannabinoid Research and Medical Cannabis;
	1171	+	576
	1172	+	(ii) any gift items or merchandise other than educational materials, as those terms are
	1173	+	577
	1174	+	defined by the department;
	1175	+	578
	1176	+	(iii) any marketing for a specific product from the cannabis production establishment
	1177	+	579
	1178	+	or any other statement, claim, or information that would violate the federal Food,
	1179	+	580
	1180	+	Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or
	1181	+	581
	1182	+	(iv) a presenter other than the following:
	1183	+	582
	1184	+	(A) a cannabis production establishment agent;
	1185	+	583
	1186	+	(B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
	1187	+	584
	1188	+	(C) an advanced practice registered nurse licensed under Title 58, Chapter 31b,
	1189	+	585
	1190	+	Nurse Practice Act;
	1191	+	586
	1192	+	(D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
	1193	+	587
	1194	+	Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
	1195	+	588
	1196	+	(E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
	1197	+	589
	1198	+	Assistant Act; or
	1199	+	590
	1200	+	(F) a state employee.
	1201	+	591
	1202	+	(c) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
	1203	+	592
	1204	+	Administrative Rulemaking Act, to define the elements of and restrictions on the
	1205	+	593
	1206	+	educational event described in Subsection (5)(a), including a minimum age of 21
	1207	+	594
	1208	+	years old for attendees.
	1209	+	595
	1210	+	Section 9. Section 4-41a-501 is amended to read:
	1211	+	596
	1212	+	4-41a-501 . Cannabis cultivation facility -- Operating requirements.
	1213	+	597
	1214	+	(1) A cannabis cultivation facility shall ensure that any cannabis growing at the cannabis
	1215	+	598
	1216	+	cultivation facility is not visible from the ground level of the cannabis cultivation facility
	1217	+	599
	1218	+	perimeter.
	1219	+	600
	1220	+	(2) A cannabis cultivation facility shall use a unique identifier that is connected to the
	1221	+	601
	1222	+	facility's inventory control system to identify:
	1223	+	602
	1224	+	(a) beginning at the time a cannabis plant is eight inches tall and has a root ball, each
	1225	+	603
	1226	+	cannabis plant;
	1227	+	604
	1228	+	(b) each unique harvest of cannabis plants;
	1229	+	605
	1230	+	(c) each batch of cannabis the facility transfers to a medical cannabis pharmacy, a
	1231	+	606
	1232	+	cannabis processing facility, or an independent cannabis testing laboratory; and
	1233	+	- 18 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	1234	+	607
	1235	+	(d) any excess, contaminated, or deteriorated cannabis of which the cannabis cultivation
	1236	+	608
	1237	+	facility disposes.
	1238	+	609
	1239	+	(3) A cannabis cultivation facility shall identify cannabis biomass as cannabis byproduct or
	1240	+	610
	1241	+	cannabis plant product before transferring the cannabis biomass from the facility.
	1242	+	611
	1243	+	(4) A cannabis cultivation facility shall either:
	1244	+	612
	1245	+	(a) ensure that a cannabis processing facility chemically or physically processes
	1246	+	613
	1247	+	cannabis cultivation byproduct to produce a cannabis concentrate for incorporation
	1248	+	614
	1249	+	into cannabis derivative products; or
	1250	+	615
	1251	+	(b) destroy cannabis cultivation byproduct in accordance with Section 4-41a-405.
	1252	+	616
	1253	+	(5) A cannabis cultivation facility may utilize radiation-based methods and equipment for
	1254	+	617
	1255	+	quality assurance or remediation purposes.
	1256	+	618
	1257	+	(6) The department shall make rules establishing:
	1258	+	619
	1259	+	(a) the records a cannabis cultivation facility must keep regarding each batch, amount of
	1260	+	620
	1261	+	product treated, and the methods used; and
	1262	+	621
	1263	+	(b) disclosure requirements to a cannabis processor receiving the material subject to the
	1264	+	622
	1265	+	radiation including the methods and equipment used.
	1266	+	623
	1267	+	Section 10. Section 4-41a-701 is amended to read:
	1268	+	624
	1269	+	4-41a-701 . Cannabis and cannabis product testing.
	1270	+	625
	1271	+	(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
	1272	+	626
	1273	+	department may make rules to:
	1274	+	627
	1275	+	(a) determine required adulterant tests for a cannabis plant product, cannabis
	1276	+	628
	1277	+	concentrate, or cannabis product;
	1278	+	629
	1279	+	(b) determine the amount of any adulterant that is safe for human consumption;
	1280	+	630
	1281	+	(c) immediately ban or limit the presence of any ingredient in a medical cannabis
	1282	+	631
	1283	+	product after receiving a recommendation to do so from a public health authority
	1284	+	632
	1285	+	under Section 26B-1-102;
	1286	+	633
	1287	+	(d) establish protocols for a recall of [cannabis or a cannabis product] medical cannabis
	1288	+	634
	1289	+	by a cannabis production establishment; or
	1290	+	635
	1291	+	(e) allow the propagation of testing results forward to derived product if the processing
	1292	+	636
	1293	+	steps the cannabis production establishment uses to produce the product are unlikely
	1294	+	637
	1295	+	to change the results of the test.
	1296	+	638
	1297	+	(2)(a) The department may require testing for a toxin if:
	1298	+	639
	1299	+	[(a)] (i) the department receives information indicating the potential presence of a
	1300	+	640
	1301	+	toxin; or
	1302	+	- 19 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	1303	+	641
	1304	+	[(b)] (ii) the department's inspector has reason to believe a toxin may be present based
	1305	+	642
	1306	+	on the inspection of a facility.
	1307	+	643
	1308	+	(b) The department may not require a cannabis processor to test a cannabis batch or a
	1309	+	644
	1310	+	cannabis product batch a third time if the cannabis batch or cannabis product has
	1311	+	645
	1312	+	previously met all testing requirements after being tested by:
	1313	+	646
	1314	+	(i) an independent cannabis testing laboratory that is not the department; and
	1315	+	647
	1316	+	(ii) the department.
	1317	+	648
	1318	+	(3)(a) A cannabis production establishment may not:
	1319	+	649
	1320	+	(i) incorporate cannabis concentrate into a cannabis derivative product until an
	1321	+	650
	1322	+	independent cannabis testing laboratory tests the cannabis concentrate in
	1323	+	651
	1324	+	accordance with department rule; or
	1325	+	652
	1326	+	(ii) transfer cannabis or a cannabis product to a medical cannabis pharmacy until an
	1327	+	653
	1328	+	independent cannabis testing laboratory tests a representative sample of the
	1329	+	654
	1330	+	cannabis or cannabis product in accordance with department rule.
	1331	+	655
	1332	+	(b) A medical cannabis pharmacy may not offer any cannabis or cannabis product for
	1333	+	656
	1334	+	sale unless an independent cannabis testing laboratory has tested a representative
	1335	+	657
	1336	+	sample of the cannabis or cannabis product in accordance with department rule.
	1337	+	658
	1338	+	(4) Before the sale of a medical cannabis product, an independent cannabis testing
	1339	+	659
	1340	+	laboratory shall:
	1341	+	660
	1342	+	(a) identify and quantify any cannabinoid known to be present in [a] the medical
	1343	+	661
	1344	+	cannabis product; and
	1345	+	662
	1346	+	(b) test terpene profiles for the following products:
	1347	+	663
	1348	+	(i) raw cannabis; or
	1349	+	664
	1350	+	(ii) a cannabis product:
	1351	+	665
	1352	+	(A) contained in a vaporizer cartridge; or
	1353	+	666
	1354	+	(B) in concentrate form; and
	1355	+	667
	1356	+	(c) record the five highest terpene profiles tested under Subsection (4)(b).
	1357	+	668
	1358	+	(5) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah
	1359	+	669
	1360	+	Administrative Rulemaking Act, the standards, methods, practices, and procedures for
	1361	+	670
	1362	+	the testing of cannabis and cannabis products by independent cannabis testing
	1363	+	671
	1364	+	laboratories.
	1365	+	672
	1366	+	(6) The department may require an independent cannabis testing laboratory to participate in
	1367	+	673
	1368	+	a proficiency evaluation that the department conducts or that an organization that the
	1369	+	674
	1370	+	department approves conducts.
	1371	+	- 20 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	1372	+	675
	1373	+	Section 11. Section 4-41a-801 is amended to read:
	1374	+	676
	1375	+	4-41a-801 . Enforcement -- Fine -- Citation.
	1376	+	677
	1377	+	(1) If a person that is a cannabis production establishment or a cannabis production
	1378	+	678
	1379	+	establishment agent violates this chapter, the department may:
	1380	+	679
	1381	+	(a) revoke the person's license or cannabis production establishment agent registration
	1382	+	680
	1383	+	card;
	1384	+	681
	1385	+	(b) decline to renew the person's license or cannabis production establishment agent
	1386	+	682
	1387	+	registration card; or
	1388	+	683
	1389	+	(c) assess the person an administrative penalty that the department establishes by rule in
	1390	+	684
	1391	+	accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
	1392	+	685
	1393	+	(2) The department shall deposit an administrative penalty imposed under this section into
	1394	+	686
	1395	+	the General Fund.
	1396	+	687
	1397	+	(3)(a) The department may take an action described in Subsection (3)(b) if the
	1398	+	688
	1399	+	department concludes, upon investigation, that, for a person that is a cannabis
	1400	+	689
	1401	+	production establishment or a cannabis production establishment agent:
	1402	+	690
	1403	+	(i) the person has violated the provisions of this chapter, a rule made under this
	1404	+	691
	1405	+	chapter, or an order issued under this chapter; or.
	1406	+	692
	1407	+	(ii) the person produced cannabis or a cannabis product batch that contains a
	1408	+	693
	1409	+	substance, other than cannabis, that poses a significant threat to human health.
	1410	+	694
	1411	+	(b) If the department makes the determination about a person described in Subsection
	1412	+	695
	1413	+	(3)(a), the department shall:
	1414	+	696
	1415	+	(i) issue the person a written administrative citation;
	1416	+	697
	1417	+	(ii) attempt to negotiate a stipulated settlement;
	1418	+	698
	1419	+	[(iii) seize, embargo, or destroy the cannabis or cannabis product batch;]
	1420	+	699
	1421	+	[(iv)] (iii) order the person to cease and desist from the action that creates a violation; [
	1422	+	700
	1423	+	and] or
	1424	+	701
	1425	+	[(v)] (iv) direct the person to appear before an adjudicative proceeding conducted
	1426	+	702
	1427	+	under Title 63G, Chapter 4, Administrative Procedures Act.
	1428	+	703
	1429	+	(c) If the department concludes, upon investigation, that a cannabis production
	1430	+	704
	1431	+	establishment or a cannabis production establishment agent has produced a cannabis
	1432	+	705
	1433	+	batch or a cannabis product batch that contains a substance that poses a significant
	1434	+	706
	1435	+	threat to human health, the department shall seize, embargo, or destroy the cannabis
	1436	+	707
	1437	+	batch or cannabis product batch.
	1438	+	708
	1439	+	(4) The department may, for a person subject to an uncontested citation, a stipulated
	1440	+	- 21 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	1441	+	709
	1442	+	settlement, or a finding of a violation in an adjudicative proceeding under this section,
	1443	+	710
	1444	+	for a fine amount not already specified in law, assess the person, who is not an
	1445	+	711
	1446	+	individual, a fine of up to $5,000 per violation, in accordance with a fine schedule that
	1447	+	712
	1448	+	the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
	1449	+	713
	1450	+	Administrative Rulemaking Act.
	1451	+	714
	1452	+	(5) The department may not revoke a [cannabis production establishment's ]license without
	1453	+	715
	1454	+	first directing the [cannabis production establishment] licensee to appear before an
	1455	+	716
	1456	+	adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative
	1457	+	717
	1458	+	Procedures Act.
	1459	+	718
	1460	+	(6) If within [20] 30 calendar days after the day on which a department serves a citation for
	1461	+	719
	1462	+	a violation of this chapter, the person that is the subject of the citation fails to request a
	1463	+	720
	1464	+	hearing to contest the citation, the citation becomes the department's final order.
	1465	+	721
	1466	+	(7) The department may, for a person who fails to comply with a citation under this section:
	1467	+	722
	1468	+	(a) refuse to issue or renew the person's license or cannabis production establishment
	1469	+	723
	1470	+	agent registration card; or
	1471	+	724
	1472	+	(b) suspend, revoke, or place on probation the person's license or cannabis production
	1473	+	725
	1474	+	establishment registration card.
	1475	+	726
	1476	+	(8)(a) Except where a criminal penalty is expressly provided for a specific violation of
	1477	+	727
	1478	+	this chapter, if an individual:
	1479	+	728
	1480	+	(i) violates a provision of this chapter, the individual is:
	1481	+	729
	1482	+	(A) guilty of an infraction; and
	1483	+	730
	1484	+	(B) subject to a $100 fine; or
	1485	+	731
	1486	+	(ii) intentionally or knowingly violates a provision of this chapter or violates this
	1487	+	732
	1488	+	chapter three or more times, the individual is:
	1489	+	733
	1490	+	(A) guilty of a class B misdemeanor; and
	1491	+	734
	1492	+	(B) subject to a $1,000 fine.
	1493	+	735
	1494	+	(b) An individual who is guilty of a violation described in Subsection (8)(a) is not guilty
	1495	+	736
	1496	+	of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
	1497	+	737
	1498	+	conduct underlying the violation described in Subsection (8)(a).
	1499	+	738
	1500	+	(9) Nothing in this section prohibits the department from referring potential criminal
	1501	+	739
	1502	+	activity to law enforcement.
	1503	+	740
	1504	+	(10) An appeal of administrative action taken under this chapter shall be heard by an
	1505	+	741
	1506	+	administrative law judge as an informal proceeding in accordance with Title 63G,
	1507	+	742
	1508	+	Chapter 4, Administrative Procedures Act.
	1509	+	- 22 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	1510	+	743
	1511	+	Section 12. Section 4-41a-802 is amended to read:
	1512	+	744
	1513	+	4-41a-802 . Report.
	1514	+	745
	1515	+	(1) At or before the November interim meeting each year, the department shall report to the
	1516	+	746
	1517	+	Health and Human Services Interim Committee on:
	1518	+	747
	1519	+	(a) the number of applications and renewal applications that the department receives
	1520	+	748
	1521	+	under this chapter;
	1522	+	749
	1523	+	(b) the number of each type of cannabis production facility that the department licenses
	1524	+	750
	1525	+	in each county;
	1526	+	751
	1527	+	(c) the amount of cannabis that licensees grow;
	1528	+	752
	1529	+	(d) the amount of cannabis that licensees manufacture into cannabis products;
	1530	+	753
	1531	+	(e) the number of licenses the department revokes under this chapter;
	1532	+	754
	1533	+	(f) the department's operation of an independent cannabis testing laboratory under
	1534	+	755
	1535	+	Section 4-41a-201, including:
	1536	+	756
	1537	+	(i) the cannabis and cannabis products the department tested; and
	1538	+	757
	1539	+	(ii) the results of the tests the department performed;
	1540	+	758
	1541	+	(g) the expenses incurred and revenues generated under this chapter; and
	1542	+	759
	1543	+	(h) an analysis of product availability in medical cannabis pharmacies in consultation
	1544	+	760
	1545	+	with the Department of Health and Human Services.
	1546	+	761
	1547	+	(2) The department may not include personally identifying information in the report
	1548	+	762
	1549	+	described in this section.
	1550	+	763
	1551	+	(3) The department shall report to the working group described in Section 36-12-8.2 as
	1552	+	764
	1553	+	requested by the working group.
	1554	+	765
	1555	+	(4)(a) Before August 1, of each year, the department shall provide a report to the
	1556	+	766
	1557	+	working group described in Section 36-12-8.2 that provides the following for each
	1558	+	767
	1559	+	fine issued by the department under this chapter:
	1560	+	768
	1561	+	(i) the date of the fine;
	1562	+	769
	1563	+	(ii) the reference to the statute or rule that was violated for each fine issued; and
	1564	+	770
	1565	+	(iii) a short description explaining why the fine was issued.
	1566	+	771
	1567	+	(b) The report described in Subsection (4)(a) may not include identifying information of
	1568	+	772
	1569	+	the person that was subject to the fine.
	1570	+	773
	1571	+	Section 13. Section 4-41a-1001 is amended to read:
	1572	+	774
	1573	+	4-41a-1001 . Medical cannabis pharmacy -- License -- Eligibility.
	1574	+	775
	1575	+	(1) A person may not:
	1576	+	776
	1577	+	(a) operate as a medical cannabis pharmacy without a license that the department issues
	1578	+	- 23 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	1579	+	777
	1580	+	under this part;
	1581	+	778
	1582	+	(b) obtain a medical cannabis pharmacy license if obtaining the license would cause the
	1583	+	779
	1584	+	person to exceed the pharmacy ownership limit;
	1585	+	780
	1586	+	(c) obtain a partial ownership share of a medical cannabis pharmacy if obtaining the
	1587	+	781
	1588	+	partial ownership share would cause the person to exceed the pharmacy ownership
	1589	+	782
	1590	+	limit; or
	1591	+	783
	1592	+	(d) enter into any contract or agreement that allows the person to directly or indirectly
	1593	+	784
	1594	+	control the operations of a medical cannabis pharmacy if the person's control of the
	1595	+	785
	1596	+	medical cannabis pharmacy would cause the person to effectively exceed the
	1597	+	786
	1598	+	pharmacy ownership limit.
	1599	+	787
	1600	+	(2)(a)(i) Subject to Subsections (4) and (5) and to Section 4-41a-1005, the department
	1601	+	788
	1602	+	shall issue a license to operate a medical cannabis pharmacy through the licensing
	1603	+	789
	1604	+	board created under Section 4-41a-201.1.
	1605	+	790
	1606	+	(ii) The department may not issue a license to operate a medical cannabis pharmacy
	1607	+	791
	1608	+	to an applicant who is not eligible for a license under this section.
	1609	+	792
	1610	+	(b) An applicant is eligible for a license under this section if the applicant submits to the
	1611	+	793
	1612	+	department:
	1613	+	794
	1614	+	(i) subject to Subsection (2)(c), a proposed name and address where the applicant will
	1615	+	795
	1616	+	operate the medical cannabis pharmacy;
	1617	+	796
	1618	+	(ii) the name and address of an individual who:
	1619	+	797
	1620	+	(A) for a publicly traded company, has a financial or voting interest of 10% or
	1621	+	798
	1622	+	greater in the proposed medical cannabis pharmacy;
	1623	+	799
	1624	+	(B) for a privately held company, a financial or voting interest in the proposed
	1625	+	800
	1626	+	medical cannabis pharmacy; or
	1627	+	801
	1628	+	(C) has the power to direct or cause the management or control of a proposed
	1629	+	802
	1630	+	medical cannabis pharmacy;
	1631	+	803
	1632	+	(iii) for each application that the applicant submits to the department, a statement
	1633	+	804
	1634	+	from the applicant that the applicant will obtain and maintain:
	1635	+	805
	1636	+	(A) a performance bond in the amount of $100,000 issued by a surety authorized
	1637	+	806
	1638	+	to transact surety business in the state; or
	1639	+	807
	1640	+	(B) a liquid cash account in the amount of $100,000 with a financial institution;
	1641	+	808
	1642	+	(iv) an operating plan that:
	1643	+	809
	1644	+	(A) complies with Section 4-41a-1004;
	1645	+	810
	1646	+	(B) includes operating procedures to comply with the operating requirements for a
	1647	+	- 24 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	1648	+	811
	1649	+	medical cannabis pharmacy described in this part and with a relevant municipal
	1650	+	812
	1651	+	or county law that is consistent with Section 4-41a-1106; and
	1652	+	813
	1653	+	(C) the department approves;
	1654	+	814
	1655	+	(v) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
	1656	+	815
	1657	+	department sets in accordance with Section 63J-1-504; and
	1658	+	816
	1659	+	(vi) a description of any investigation or adverse action taken by any licensing
	1660	+	817
	1661	+	jurisdiction, government agency, law enforcement agency, or court in any state for
	1662	+	818
	1663	+	any violation or detrimental conduct in relation to any of the applicant's
	1664	+	819
	1665	+	cannabis-related operations or businesses.
	1666	+	820
	1667	+	(c)(i) A person may not locate a medical cannabis pharmacy:
	1668	+	821
	1669	+	(A) within 200 feet of a community location; or
	1670	+	822
	1671	+	(B) in or within 600 feet of a district that the relevant municipality or county has
	1672	+	823
	1673	+	zoned as primarily residential.
	1674	+	824
	1675	+	(ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
	1676	+	825
	1677	+	from the nearest entrance to the medical cannabis pharmacy establishment by
	1678	+	826
	1679	+	following the shortest route of ordinary pedestrian travel to the property boundary
	1680	+	827
	1681	+	of the community location or residential area.
	1682	+	828
	1683	+	(iii) The department may grant a waiver to reduce the proximity requirements in
	1684	+	829
	1685	+	Subsection (2)(c)(i) by up to 20% if the department determines that it is not
	1686	+	830
	1687	+	reasonably feasible for the applicant to cite the proposed medical cannabis
	1688	+	831
	1689	+	pharmacy without the waiver.
	1690	+	832
	1691	+	(iv) An applicant for a license under this section shall provide evidence of
	1692	+	833
	1693	+	compliance with the proximity requirements described in Subsection (2)(c)(i).
	1694	+	834
	1695	+	(d) The department may not issue a license to an eligible applicant that the department
	1696	+	835
	1697	+	has selected to receive a license until the selected eligible applicant complies with the
	1698	+	836
	1699	+	bond or liquid cash requirement described in Subsection (2)(b)(iii).
	1700	+	837
	1701	+	(e) If the department receives more than one application for a medical cannabis
	1702	+	838
	1703	+	pharmacy within the same city or town, the department shall consult with the local
	1704	+	839
	1705	+	land use authority before approving any of the applications pertaining to that city or
	1706	+	840
	1707	+	town.
	1708	+	841
	1709	+	(f) In considering the issuance of a medical cannabis pharmacy license under this
	1710	+	842
	1711	+	section, the department may consider the extent to which the pharmacy can increase
	1712	+	843
	1713	+	efficiency and reduce cost to patients of medical cannabis.
	1714	+	844
	1715	+	[(3) If the department selects an applicant ]
	1716	+	- 25 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	1717	+	845
	1718	+	(3)(a) After an entity has been selected for a medical cannabis pharmacy license under
	1719	+	846
	1720	+	this section, the department shall:
	1721	+	847
	1722	+	[(a)] (i) charge the applicant an initial license fee in an amount that, subject to
	1723	+	848
	1724	+	Subsection 4-41a-104(5), the department sets in accordance with Section
	1725	+	849
	1726	+	63J-1-504;
	1727	+	850
	1728	+	[(b)] (ii) notify the Department of Public Safety of the license approval and the names
	1729	+	851
	1730	+	of each individual described in Subsection (2)(b)(ii); and
	1731	+	852
	1732	+	[(c)] (iii) charge the licensee a fee in an amount that, subject to Subsection 4-41a-104
	1733	+	853
	1734	+	(5), the department sets in accordance with Section 63J-1-504, for any change in
	1735	+	854
	1736	+	location, ownership, or company structure.
	1737	+	855
	1738	+	(b) For a fee described in Subsection (3)(a)(i), a license fee for a medical cannabis
	1739	+	856
	1740	+	pharmacy located in a medically underserved area as determined by the federal
	1741	+	857
	1742	+	Health Resources and Services Administration shall be 50% less than what is charged
	1743	+	858
	1744	+	for other medical cannabis pharmacies.
	1745	+	859
	1746	+	(4) The department may not issue a license to operate a medical cannabis pharmacy to an
	1747	+	860
	1748	+	applicant if an individual described in Subsection (2)(b)(ii):
	1749	+	861
	1750	+	(a) has been convicted under state or federal law of:
	1751	+	862
	1752	+	(i) a felony in the preceding 10 years; or
	1753	+	863
	1754	+	(ii) after December 3, 2018, a misdemeanor for drug distribution;
	1755	+	864
	1756	+	(b) is younger than 21 years old; or
	1757	+	865
	1758	+	(c) after September 23, 2019, until January 1, 2023, is actively serving as a legislator.
	1759	+	866
	1760	+	(5)[(a)] If an applicant for a medical cannabis pharmacy license under this section holds
	1761	+	867
	1762	+	another license under this chapter, the department may not give preference to the
	1763	+	868
	1764	+	applicant based on the applicant's status as a holder of the license.
	1765	+	869
	1766	+	[(b) If an applicant for a medical cannabis pharmacy license under this section holds a
	1767	+	870
	1768	+	license to operate a cannabis cultivation facility under this section, the department
	1769	+	871
	1770	+	may give consideration to the applicant's status as a holder of the license if:]
	1771	+	872
	1772	+	[(i) the applicant demonstrates that a decrease in costs to patients is more likely to
	1773	+	873
	1774	+	result from the applicant's vertical integration than from a more competitive
	1775	+	874
	1776	+	marketplace; and]
	1777	+	875
	1778	+	[(ii) the department finds multiple other factors, in addition to the existing license,
	1779	+	876
	1780	+	that support granting the new license.]
	1781	+	877
	1782	+	(6) The licensing board may revoke a license under this part:
	1783	+	878
	1784	+	(a) if the medical cannabis pharmacy does not begin operations within one year after the
	1785	+	- 26 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	1786	+	879
	1787	+	day on which the department issues an announcement of the department's intent to
	1788	+	880
	1789	+	award a license to the medical cannabis pharmacy;
	1790	+	881
	1791	+	(b) after the third the same violation of this chapter in any of the licensee's licensed
	1792	+	882
	1793	+	cannabis production establishments or medical cannabis pharmacies;
	1794	+	883
	1795	+	(c) if an individual described in Subsection (2)(b)(ii) is convicted, while the license is
	1796	+	884
	1797	+	active, under state or federal law of:
	1798	+	885
	1799	+	(i) a felony; or
	1800	+	886
	1801	+	(ii) after December 3, 2018, a misdemeanor for drug distribution;
	1802	+	887
	1803	+	(d) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at
	1804	+	888
	1805	+	the time of application, or fails to supplement the information described in
	1806	+	889
	1807	+	Subsection (2)(b)(vi) with any investigation or adverse action that occurs after the
	1808	+	890
	1809	+	submission of the application within 14 calendar days after the licensee receives
	1810	+	891
	1811	+	notice of the investigation or adverse action;
	1812	+	892
	1813	+	(e) if the medical cannabis pharmacy demonstrates a willful or reckless disregard for the
	1814	+	893
	1815	+	requirements of this chapter or the rules the department makes in accordance with
	1816	+	894
	1817	+	this chapter;
	1818	+	895
	1819	+	(f) if, after a change of ownership described in Subsection (11)(c), the department
	1820	+	896
	1821	+	determines that the medical cannabis pharmacy no longer meets the minimum
	1822	+	897
	1823	+	standards for licensure and operation of the medical cannabis pharmacy described in
	1824	+	898
	1825	+	this chapter; or
	1826	+	899
	1827	+	(g) if through an investigation conducted under Subsection 4-41a-201.1(11) and in
	1828	+	900
	1829	+	accordance with Title 63G, Chapter 4, Administrative Procedures Act, the board
	1830	+	901
	1831	+	finds that the licensee has participated in anticompetitive business practices.
	1832	+	902
	1833	+	(7)(a) A person who receives a medical cannabis pharmacy license under this chapter, if
	1834	+	903
	1835	+	the municipality or county where the licensed medical cannabis pharmacy will be
	1836	+	904
	1837	+	located requires a local land use permit, shall submit to the department a copy of the
	1838	+	905
	1839	+	licensee's approved application for the land use permit within 120 days after the day
	1840	+	906
	1841	+	on which the department issues the license.
	1842	+	907
	1843	+	(b) If a licensee fails to submit to the department a copy the licensee's approved land use
	1844	+	908
	1845	+	permit application in accordance with Subsection (7)(a), the department may revoke
	1846	+	909
	1847	+	the licensee's license.
	1848	+	910
	1849	+	(8) The department shall deposit the proceeds of a fee imposed by this section into the
	1850	+	911
	1851	+	Qualified Production Enterprise Fund.
	1852	+	912
	1853	+	(9) The department shall begin accepting applications under this part on or before March 1,
	1854	+	- 27 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	1855	+	913
	1856	+	2020.
	1857	+	914
	1858	+	(10)(a) The department's authority to issue a license under this section is plenary and is
	1859	+	915
	1860	+	not subject to review.
	1861	+	916
	1862	+	(b) Notwithstanding Subsection (2), the decision of the department to award a license to
	1863	+	917
	1864	+	an applicant is not subject to:
	1865	+	918
	1866	+	(i) Title 63G, Chapter 6a, Part 16, Protests; or
	1867	+	919
	1868	+	(ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
	1869	+	920
	1870	+	(11)(a) A medical cannabis pharmacy license is not transferrable or assignable.
	1871	+	921
	1872	+	(b) A medical cannabis pharmacy shall report in writing to the department no later than
	1873	+	922
	1874	+	10 business days before the date of any change of ownership of the medical cannabis
	1875	+	923
	1876	+	pharmacy.
	1877	+	924
	1878	+	(c) If the ownership of a medical cannabis pharmacy changes by 50% or more:
	1879	+	925
	1880	+	(i) concurrent with the report described in Subsection (11)(b), the medical cannabis
	1881	+	926
	1882	+	pharmacy shall submit a new application described in Subsection (2)(b), subject to
	1883	+	927
	1884	+	Subsection (2)(c);
	1885	+	928
	1886	+	(ii) within 30 days of the submission of the application, the department shall:
	1887	+	929
	1888	+	(A) conduct an application review; and
	1889	+	930
	1890	+	(B) award a license to the medical cannabis pharmacy for the remainder of the
	1891	+	931
	1892	+	term of the medical cannabis pharmacy's license before the ownership change
	1893	+	932
	1894	+	if the medical cannabis pharmacy meets the minimum standards for licensure
	1895	+	933
	1896	+	and operation of the medical cannabis pharmacy described in this chapter; and
	1897	+	934
	1898	+	(iii) if the department approves the license application, notwithstanding Subsection
	1899	+	935
	1900	+	(3), the medical cannabis pharmacy shall pay a license fee that the department sets
	1901	+	936
	1902	+	in accordance with Section 63J-1-504 in an amount that covers the department's
	1903	+	937
	1904	+	cost of conducting the application review.
	1905	+	938
	1906	+	Section 14. Section 4-41a-1003 is amended to read:
	1907	+	939
	1908	+	4-41a-1003 . Renewal - Notice of available license.
	1909	+	940
	1910	+	(1)(a) The department shall renew a license [under Sections 4-41a-1001 through
	1911	+	941
	1912	+	4-41a-1005] issued under this part every year if, at the time of renewal:
	1913	+	942
	1914	+	[(a)] (i) the licensee meets the requirements of Section 4-41a-1001;
	1915	+	943
	1916	+	[(b)] (ii) the licensee pays the department a license renewal fee in an amount that,
	1917	+	944
	1918	+	subject to Subsection 4-41a-1004(5), the department sets in accordance with
	1919	+	945
	1920	+	Section 63J-1-504; and
	1921	+	946
	1922	+	[(c)] (iii) if the medical cannabis pharmacy changes the operating plan described in
	1923	+	- 28 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	1924	+	947
	1925	+	Section 4-41a-1004 that the department approved under Subsection
	1926	+	948
	1927	+	4-41a-1001(2)(b)(iv), the department approves the new operating plan.
	1928	+	949
	1929	+	(b) A license fee for a medical cannabis pharmacy located in a county of the third,
	1930	+	950
	1931	+	fourth, fifth, or sixth class shall be 50% less than what is charged for other medical
	1932	+	951
	1933	+	cannabis pharmacies.
	1934	+	952
	1935	+	(2)(a) If a licensed medical cannabis pharmacy abandons the medical cannabis
	1936	+	953
	1937	+	pharmacy's license, the department shall publish notice of an available license[ ], for
	1938	+	954
	1939	+	the geographic area in which the medical cannabis pharmacy license is available, as a
	1940	+	955
	1941	+	class A notice under Section 63G-30-102, for at least seven days.
	1942	+	956
	1943	+	(b) The department may establish criteria, in collaboration with the Division of
	1944	+	957
	1945	+	Professional Licensing and the Board of Pharmacy and in accordance with Title 63G,
	1946	+	958
	1947	+	Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis
	1948	+	959
	1949	+	pharmacy actions that constitute abandonment of a medical cannabis pharmacy
	1950	+	960
	1951	+	license.
	1952	+	961
	1953	+	(3) If the department has not completed the necessary processes to make a determination on
	1954	+	962
	1955	+	a license renewal under Subsections (1)(a) and (c) before the expiration of a license, the
	1956	+	963
	1957	+	department may issue a conditional medical cannabis pharmacy license to a licensed
	1958	+	964
	1959	+	medical cannabis pharmacy that has applied for license renewal under this section and
	1960	+	965
	1961	+	paid the fee described in Subsection (1)(b).
	1962	+	966
	1963	+	Section 15. Section 4-41a-1005 is amended to read:
	1964	+	967
	1965	+	4-41a-1005 . Maximum number of licenses.
	1966	+	968
	1967	+	(1)(a) [Except as provided in Subsection (1)(b) or (d), if a sufficient number of
	1968	+	969
	1969	+	applicants apply, the department] The licensing board shall issue up to [15] 17 medical
	1970	+	970
	1971	+	cannabis pharmacy licenses in accordance with this section including the two medical
	1972	+	971
	1973	+	cannabis pharmacy licenses in accordance with Section 4-41a-1006.
	1974	+	972
	1975	+	[(b) If an insufficient number of qualified applicants apply for the available number of
	1976	+	973
	1977	+	medical cannabis pharmacy licenses, the department shall issue a medical cannabis
	1978	+	974
	1979	+	pharmacy license to each qualified applicant.]
	1980	+	975
	1981	+	[(c) The department may issue the licenses described in Subsection (1)(a) in accordance
	1982	+	976
	1983	+	with this Subsection (1)(c).]
	1984	+	977
	1985	+	[(i) Using one procurement process, the department may issue eight licenses to an
	1986	+	978
	1987	+	initial group of medical cannabis pharmacies and six licenses to a second group of
	1988	+	979
	1989	+	medical cannabis pharmacies.]
	1990	+	980
	1991	+	[(ii) The department shall:]
	1992	+	- 29 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	1993	+	981
	1994	+	[(A) divide the state into no less than four geographic regions, set by the
	1995	+	982
	1996	+	department in rule;]
	1997	+	983
	1998	+	[(B) issue at least one license in each geographic region during each phase of
	1999	+	984
	2000	+	issuing licenses; and]
	2001	+	985
	2002	+	[(C) complete the process of issuing medical cannabis pharmacy licenses no later
	2003	+	986
	2004	+	than July 1, 2020.]
	2005	+	987
	2006	+	[(iii) In issuing a 15th license under Subsection (1), the department shall ensure that
	2007	+	988
	2008	+	the license recipient will locate the medical cannabis pharmacy within Dagget,
	2009	+	989
	2010	+	Duchesne, Uintah, Carbon, Sevier, Emery, Grand, or San Juan County.]
	2011	+	990
	2012	+	[(d)(i) The department may issue licenses to operate a medical cannabis pharmacy in
	2013	+	991
	2014	+	addition to the licenses described in Subsection (1)(a) if the department
	2015	+	992
	2016	+	determines, in consultation with the Department of Health and Human Services
	2017	+	993
	2018	+	and after an annual or more frequent analysis of the current and anticipated market
	2019	+	994
	2020	+	for medical cannabis, that each additional license is necessary to provide an
	2021	+	995
	2022	+	adequate supply, quality, or variety of medical cannabis to medical cannabis
	2023	+	996
	2024	+	cardholders.]
	2025	+	997
	2026	+	[(ii) The department shall:]
	2027	+	998
	2028	+	[(A) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
	2029	+	999
	2030	+	Act, make rules to establish criteria and processes for the consultation,
	2031	+	1000
	2032	+	analysis, and application for a license described in Subsection (1)(d)(i); and]
	2033	+	1001
	2034	+	[(B) report to the Executive Appropriations Committee of the Legislature before
	2035	+	1002
	2036	+	each time the department issues an additional license under Subsection
	2037	+	1003
	2038	+	(1)(d)(i) regarding the results of the consultation and analysis described in
	2039	+	1004
	2040	+	Subsection (1)(d)(i) and the application of the criteria described in Subsection
	2041	+	1005
	2042	+	(1)(d)(ii)(A).]
	2043	+	1006
	2044	+	(2)(a) [If there are more qualified applicants than there are available licenses for medical
	2045	+	1007
	2046	+	cannabis pharmacies, the department] The licensing board shall:
	2047	+	1008
	2048	+	(i) evaluate each applicant and award the license to the applicant that best
	2049	+	1009
	2050	+	demonstrates:
	2051	+	1010
	2052	+	(A) experience with establishing and successfully operating a business that
	2053	+	1011
	2054	+	involves complying with a regulatory environment, tracking inventory, and
	2055	+	1012
	2056	+	training, evaluating, and monitoring employees;
	2057	+	1013
	2058	+	(B) an operating plan that will best ensure the safety and security of patrons and
	2059	+	1014
	2060	+	the community;
	2061	+	- 30 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	2062	+	1015
	2063	+	(C) positive connections to the local community;
	2064	+	1016
	2065	+	(D) the suitability of the proposed location and the location's accessibility for
	2066	+	1017
	2067	+	qualifying patients;
	2068	+	1018
	2069	+	(E) the extent to which the applicant can increase efficiency and reduce the cost of
	2070	+	1019
	2071	+	medical cannabis for patients; and
	2072	+	1020
	2073	+	(F) a strategic plan described in Subsection 4-41a-1004(7) that has a
	2074	+	1021
	2075	+	comparatively high likelihood of success; and
	2076	+	1022
	2077	+	(ii) ensure a geographic dispersal among licensees that is sufficient to reasonably
	2078	+	1023
	2079	+	maximize access to the largest number of medical cannabis cardholders.
	2080	+	1024
	2081	+	(b) In making the evaluation described in Subsection (2)(a), the licensing board may
	2082	+	1025
	2083	+	give increased consideration to applicants who indicate a willingness to:
	2084	+	1026
	2085	+	(i) site a medical cannabis pharmacy in an area or population center designated as a
	2086	+	1027
	2087	+	medically underserved area or population as determined by the federal Health
	2088	+	1028
	2089	+	Resources and Services Administration; and
	2090	+	1029
	2091	+	(ii) operate as a home delivery medical cannabis pharmacy that accepts electronic
	2092	+	1030
	2093	+	medical cannabis orders.
	2094	+	1031
	2095	+	[(b) In making the evaluation described in Subsection (2)(a), the department may give
	2096	+	1032
	2097	+	increased consideration to applicants who indicate a willingness to:]
	2098	+	1033
	2099	+	[(i) operate as a home delivery medical cannabis pharmacy that accepts electronic
	2100	+	1034
	2101	+	medical cannabis orders that the state central patient portal facilitates; and]
	2102	+	1035
	2103	+	[(ii) accept payments through:]
	2104	+	1036
	2105	+	[(A) a payment provider that the Division of Finance approves, in consultation
	2106	+	1037
	2107	+	with the state treasurer, in accordance with Section 4-41a-108; or]
	2108	+	1038
	2109	+	[(B) a financial institution in accordance with Subsection 4-41a-108(4).]
	2110	+	1039
	2111	+	(3) The [department] licensing board may conduct a face-to-face interview with an applicant
	2112	+	1040
	2113	+	for a license that the [department] licensing board evaluates under Subsection (2).
	2114	+	1041
	2115	+	Section 16. Section 4-41a-1006 is enacted to read:
	2116	+	1042
	2117	+	4-41a-1006 . Independent medical cannabis licenses.
	2118	+	1043
	2119	+	(1)(a) Subject to the requirements of Subsection (3) and the criteria established for
	2120	+	1044
	2121	+	obtaining a medical cannabis pharmacy license under this chapter, the licensing
	2122	+	1045
	2123	+	board shall:
	2124	+	1046
	2125	+	(i) before January 1, 2026, select one entity to receive a medical cannabis pharmacy
	2126	+	1047
	2127	+	license; and
	2128	+	1048
	2129	+	(ii) before January 1, 2027, but not before January 1, 2026, select one entity to
	2130	+	- 31 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	2131	+	1049
	2132	+	receive a medical cannabis pharmacy license.
	2133	+	1050
	2134	+	(b) When selecting entities under this section, if there is a conflict between the criteria
	2135	+	1051
	2136	+	established for obtaining a medical cannabis pharmacy license under the other
	2137	+	1052
	2138	+	sections of this chapter and this section, this section controls.
	2139	+	1053
	2140	+	(2) For the license described in Subsection (1)(a)(ii), the licensing board may not select an
	2141	+	1054
	2142	+	entity:
	2143	+	1055
	2144	+	(a) that owns any interest in or operates a medical cannabis production establishment; or
	2145	+	1056
	2146	+	(b) that is owned, partially or entirely, or operated by a medical cannabis production
	2147	+	1057
	2148	+	establishment.
	2149	+	1058
	2150	+	(3) The licensing board:
	2151	+	1059
	2152	+	(a) may not select an entity to receive a license under this section if the entity owns a
	2153	+	1060
	2154	+	financial interest in a medical cannabis pharmacy or is owned by an entity that owns
	2155	+	1061
	2156	+	a financial interest in a medical cannabis pharmacy; and
	2157	+	1062
	2158	+	(b) shall select an entity that will site a medical cannabis pharmacy license issued under
	2159	+	1063
	2160	+	this section in an area:
	2161	+	1064
	2162	+	(i) designated as a medically underserved area as determined by the federal Health
	2163	+	1065
	2164	+	Resources and Services Administration; and
	2165	+	1066
	2166	+	(ii) located in a county of the third, fourth, fifth, or sixth class.
	2167	+	1067
	2168	+	(4) A license described in this section may not be transferred to another entity unless that
	2169	+	1068
	2170	+	entity meets the requirements of Subsections (2) and (3) that the transferring entity met
	2171	+	1069
	2172	+	when obtaining the license.
	2173	+	1070
	2174	+	(5) Notwithstanding Subsection (4), for a license described in Subsection (1)(a)(i), an
	2175	+	1071
	2176	+	applicant shall commit to not alienating or otherwise transferring control of the license
	2177	+	1072
	2178	+	or of the entity that holds the license to another person for at least 15 years from the day
	2179	+	1073
	2180	+	the license is issued under this chapter.
	2181	+	1074
	2182	+	(6) The department shall provide regular updates to the Medical Cannabis Governance
	2183	+	1075
	2184	+	Structure Working Group created in Section 36-12-8.2 regarding the application and
	2185	+	1076
	2186	+	selection process for licenses issued under this section.
	2187	+	1077
	2188	+	Section 17. Section 4-41a-1101 is amended to read:
	2189	+	1078
	2190	+	4-41a-1101 . Operating requirements -- General.
	2191	+	1079
	2192	+	(1)(a) A medical cannabis pharmacy shall operate:
	2193	+	1080
	2194	+	(i) at the physical address provided to the department under Section 4-41a-1001; and
	2195	+	1081
	2196	+	(ii) in accordance with the operating plan provided to the department under Section
	2197	+	1082
	2198	+	4-41a-1001 and, if applicable, Section 4-41a-1004.
	2199	+	- 32 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	2200	+	1083
	2201	+	(b) A medical cannabis pharmacy shall notify the department before a change in the
	2202	+	1084
	2203	+	medical cannabis pharmacy's physical address or operating plan.
	2204	+	1085
	2205	+	(2) An individual may not enter a medical cannabis pharmacy unless the individual:
	2206	+	1086
	2207	+	(a) is at least 18 years old or is an emancipated minor under Section 80-7-105; and
	2208	+	1087
	2209	+	(b) except as provided in Subsection (4):
	2210	+	1088
	2211	+	(i) possesses a valid:
	2212	+	1089
	2213	+	(A) medical cannabis pharmacy agent registration card;
	2214	+	1090
	2215	+	(B) pharmacy medical provider registration card; or
	2216	+	1091
	2217	+	(C) medical cannabis card;
	2218	+	1092
	2219	+	(ii) is an employee of the department performing an inspection under Section
	2220	+	1093
	2221	+	4-41a-1103; or
	2222	+	1094
	2223	+	(iii) is another individual as the department provides.
	2224	+	1095
	2225	+	(3) A medical cannabis pharmacy may not employ an individual who is younger than 21
	2226	+	1096
	2227	+	years old.
	2228	+	1097
	2229	+	(4) Notwithstanding Subsection (2)(a), a medical cannabis pharmacy may authorize an
	2230	+	1098
	2231	+	individual who is not a medical cannabis pharmacy agent or pharmacy medical provider
	2232	+	1099
	2233	+	to access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and
	2234	+	1100
	2235	+	monitors the individual at all times while the individual is at the medical cannabis
	2236	+	1101
	2237	+	pharmacy and maintains a record of the individual's access.
	2238	+	1102
	2239	+	(5) A medical cannabis pharmacy shall operate in a facility that has:
	2240	+	1103
	2241	+	(a) a single, secure public entrance;
	2242	+	1104
	2243	+	(b) a security system with a backup power source that:
	2244	+	1105
	2245	+	(i) detects and records entry into the medical cannabis pharmacy; and
	2246	+	1106
	2247	+	(ii) provides notice of an unauthorized entry to law enforcement when the medical
	2248	+	1107
	2249	+	cannabis pharmacy is closed; and
	2250	+	1108
	2251	+	(c) a lock on each area where the medical cannabis pharmacy stores [cannabis or a
	2252	+	1109
	2253	+	cannabis product] medical cannabis.
	2254	+	1110
	2255	+	(6) A medical cannabis pharmacy shall post, both clearly and conspicuously in the medical
	2256	+	1111
	2257	+	cannabis pharmacy, the limit on the purchase of cannabis described in Subsection
	2258	+	1112
	2259	+	4-41a-1102(2).
	2260	+	1113
	2261	+	(7) Except for an emergency situation described in Subsection 26B-4-213(3)(c), a medical
	2262	+	1114
	2263	+	cannabis pharmacy may not allow any individual to consume cannabis on the property
	2264	+	1115
	2265	+	or premises of the medical cannabis pharmacy.
	2266	+	1116
	2267	+	(8) A medical cannabis pharmacy may not sell [cannabis or a cannabis product] medical
	2268	+	- 33 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	2269	+	1117
	2270	+	cannabis without first indicating on the [cannabis or cannabis product] medical cannabis
	2271	+	1118
	2272	+	label the name of the medical cannabis pharmacy.
	2273	+	1119
	2274	+	(9)(a) Each medical cannabis pharmacy shall retain in the pharmacy's records the
	2275	+	1120
	2276	+	following information regarding each recommendation underlying a transaction:
	2277	+	1121
	2278	+	(i) the recommending medical provider's name, address, and telephone number;
	2279	+	1122
	2280	+	(ii) the patient's name and address;
	2281	+	1123
	2282	+	(iii) the date of issuance;
	2283	+	1124
	2284	+	(iv) directions of use and dosing guidelines or an indication that the recommending
	2285	+	1125
	2286	+	medical provider did not recommend specific directions of use or dosing
	2287	+	1126
	2288	+	guidelines; and
	2289	+	1127
	2290	+	(v) if the patient did not complete the transaction, the name of the medical cannabis
	2291	+	1128
	2292	+	cardholder who completed the transaction.
	2293	+	1129
	2294	+	(b)(i) Except as provided in Subsection (9)(b)(iii), a medical cannabis pharmacy may
	2295	+	1130
	2296	+	not sell medical cannabis unless the medical cannabis has a label securely affixed
	2297	+	1131
	2298	+	to the container indicating the following minimum information:
	2299	+	1132
	2300	+	(A) the name, address, and telephone number of the medical cannabis pharmacy;
	2301	+	1133
	2302	+	(B) the unique identification number that the medical cannabis pharmacy assigns;
	2303	+	1134
	2304	+	(C) the date of the sale;
	2305	+	1135
	2306	+	(D) the name of the patient;
	2307	+	1136
	2308	+	(E) the name of the recommending medical provider who recommended the
	2309	+	1137
	2310	+	medical cannabis treatment;
	2311	+	1138
	2312	+	(F) directions for use and cautionary statements, if any;
	2313	+	1139
	2314	+	(G) the amount dispensed and the cannabinoid content;
	2315	+	1140
	2316	+	(H) the suggested use date;
	2317	+	1141
	2318	+	(I) for unprocessed cannabis flower, the legal use termination date; and
	2319	+	1142
	2320	+	(J) any other requirements that the department determines, in consultation with the
	2321	+	1143
	2322	+	Division of Professional Licensing and the Board of Pharmacy.
	2323	+	1144
	2324	+	(ii) A medical cannabis pharmacy is exempt from the requirement to provide the
	2325	+	1145
	2326	+	following information under Subsection (9)(b)(i) if the information is already
	2327	+	1146
	2328	+	provided on the product label that a cannabis production establishment affixes:
	2329	+	1147
	2330	+	(A) a unique identification number;
	2331	+	1148
	2332	+	(B) directions for use and cautionary statements;
	2333	+	1149
	2334	+	(C) amount and cannabinoid content; and
	2335	+	1150
	2336	+	(D) a suggested use date.
	2337	+	- 34 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	2338	+	1151
	2339	+	(iii) If the size of a medical cannabis container does not allow sufficient space to
	2340	+	1152
	2341	+	include the labeling requirements described in Subsection (9)(b)(i), the medical
	2342	+	1153
	2343	+	cannabis pharmacy may provide the following information described in
	2344	+	1154
	2345	+	Subsection (9)(b)(i) on a supplemental label attached to the container or an
	2346	+	1155
	2347	+	informational enclosure that accompanies the container:
	2348	+	1156
	2349	+	(A) the cannabinoid content;
	2350	+	1157
	2351	+	(B) the suggested use date; and
	2352	+	1158
	2353	+	(C) any other requirements that the department determines.
	2354	+	1159
	2355	+	(iv) A medical cannabis pharmacy may sell medical cannabis to another medical
	2356	+	1160
	2357	+	cannabis pharmacy without a label described in Subsection (9)(b)(i).
	2358	+	1161
	2359	+	(10) A pharmacy medical provider or medical cannabis pharmacy agent shall:
	2360	+	1162
	2361	+	(a) upon receipt of an order from a limited medical provider in accordance with
	2362	+	1163
	2363	+	Subsections 26B-4-204(1)(b) through (d):
	2364	+	1164
	2365	+	(i) for a written order or an electronic order under circumstances that the department
	2366	+	1165
	2367	+	determines, contact the limited medical provider or the limited medical provider's
	2368	+	1166
	2369	+	office to verify the validity of the recommendation; and
	2370	+	1167
	2371	+	(ii) for an order that the pharmacy medical provider or medical cannabis pharmacy
	2372	+	1168
	2373	+	agent verifies under Subsection (10)(a)(i) or an electronic order that is not subject
	2374	+	1169
	2375	+	to verification under Subsection (10)(a)(i), enter the limited medical provider's
	2376	+	1170
	2377	+	recommendation or renewal, including any associated directions of use, dosing
	2378	+	1171
	2379	+	guidelines, or caregiver indication, in the state electronic verification system;
	2380	+	1172
	2381	+	(b) in processing an order for a holder of a conditional medical cannabis card described
	2382	+	1173
	2383	+	in Subsection 26B-4-213(1)(b) that appears irregular or suspicious in the judgment of
	2384	+	1174
	2385	+	the pharmacy medical provider or medical cannabis pharmacy agent, contact the
	2386	+	1175
	2387	+	recommending medical provider or the recommending medical provider's office to
	2388	+	1176
	2389	+	verify the validity of the recommendation before processing the cardholder's order;
	2390	+	1177
	2391	+	(c) unless the medical cannabis cardholder has had a consultation under Subsection
	2392	+	1178
	2393	+	26B-4-231(5), verbally offer to a medical cannabis cardholder at the time of a
	2394	+	1179
	2395	+	purchase of [cannabis, a cannabis product,] medical cannabis or a medical cannabis
	2396	+	1180
	2397	+	device, personal counseling with the pharmacy medical provider; and
	2398	+	1181
	2399	+	(d) provide a telephone number or website by which the cardholder may contact a
	2400	+	1182
	2401	+	pharmacy medical provider for counseling.
	2402	+	1183
	2403	+	(11)(a) A medical cannabis pharmacy may create a medical cannabis disposal program
	2404	+	1184
	2405	+	that allows an individual to deposit unused or excess medical cannabis or cannabis
	2406	+	- 35 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	2407	+	1185
	2408	+	residue from a medical cannabis device in a locked box or other secure receptacle
	2409	+	1186
	2410	+	within the medical cannabis pharmacy.
	2411	+	1187
	2412	+	(b) A medical cannabis pharmacy with a disposal program described in Subsection
	2413	+	1188
	2414	+	(11)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy
	2415	+	1189
	2416	+	medical provider can access deposited medical cannabis.
	2417	+	1190
	2418	+	(c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis by:
	2419	+	1191
	2420	+	(i) rendering the deposited medical cannabis unusable and unrecognizable before
	2421	+	1192
	2422	+	transporting deposited medical cannabis from the medical cannabis pharmacy; and
	2423	+	1193
	2424	+	(ii) disposing of the deposited medical cannabis in accordance with:
	2425	+	1194
	2426	+	(A) federal and state law, rules, and regulations related to hazardous waste;
	2427	+	1195
	2428	+	(B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
	2429	+	1196
	2430	+	(C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
	2431	+	1197
	2432	+	(D) other regulations that the department makes in accordance with Title 63G,
	2433	+	1198
	2434	+	Chapter 3, Utah Administrative Rulemaking Act.
	2435	+	1199
	2436	+	(12) A medical cannabis pharmacy:
	2437	+	1200
	2438	+	(a) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
	2439	+	1201
	2440	+	Practice Act, as a pharmacy medical provider;
	2441	+	1202
	2442	+	(b) may employ a physician who has the authority to write a prescription and is licensed
	2443	+	1203
	2444	+	under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
	2445	+	1204
	2446	+	Osteopathic Medical Practice Act, as a pharmacy medical provider;
	2447	+	1205
	2448	+	(c) shall ensure that a pharmacy medical provider described in Subsection (12)(a) works
	2449	+	1206
	2450	+	onsite during all business hours;
	2451	+	1207
	2452	+	(d) shall designate one pharmacy medical provider described in Subsection (12)(a) as the
	2453	+	1208
	2454	+	pharmacist-in-charge to oversee the operation of and generally supervise the medical
	2455	+	1209
	2456	+	cannabis pharmacy;[ and]
	2457	+	1210
	2458	+	(e) shall allow the pharmacist-in-charge to determine which [cannabis and cannabis
	2459	+	1211
	2460	+	products] medical cannabis products the medical cannabis pharmacy maintains in the
	2461	+	1212
	2462	+	medical cannabis pharmacy's inventory[.] ; and
	2463	+	1213
	2464	+	(f) for each medical cannabis product sold by the medical cannabis pharmacy, shall:
	2465	+	1214
	2466	+	(i) allow a medical cannabis cardholder located in the pharmacy to view the back
	2467	+	1215
	2468	+	panel of the product when requested; and
	2469	+	1216
	2470	+	(ii) beginning July 1, 2025, include a picture of the back panel of the product on the
	2471	+	1217
	2472	+	medical cannabis pharmacy's website.
	2473	+	1218
	2474	+	(13) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah
	2475	+	- 36 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	2476	+	1219
	2477	+	Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
	2478	+	1220
	2479	+	by a medical cannabis pharmacy.
	2480	+	1221
	2481	+	Section 18. Section 4-41a-1201 is amended to read:
	2482	+	1222
	2483	+	4-41a-1201 . Medical cannabis home delivery designation.
	2484	+	1223
	2485	+	(1) The department may designate a medical cannabis pharmacy as a home delivery
	2486	+	1224
	2487	+	medical cannabis pharmacy if the department determines that the medical cannabis
	2488	+	1225
	2489	+	pharmacy's operating plan demonstrates the functional and technical ability to:
	2490	+	1226
	2491	+	(a) safely conduct transactions for medical cannabis shipments;
	2492	+	1227
	2493	+	(b) accept electronic medical cannabis orders[ that the state central patient portal
	2494	+	1228
	2495	+	facilitates]; and
	2496	+	1229
	2497	+	(c) accept payments through:
	2498	+	1230
	2499	+	(i) a payment provider that the Division of Finance approves, in consultation with the
	2500	+	1231
	2501	+	state treasurer, in accordance with Section 26-61a-603; or
	2502	+	1232
	2503	+	(ii) a financial institution in accordance with Subsection 26-61a-603(4).
	2504	+	1233
	2505	+	(2) An applicant seeking a designation as a home delivery medical cannabis pharmacy shall
	2506	+	1234
	2507	+	identify in the applicant's operating plan any information relevant to the department's
	2508	+	1235
	2509	+	evaluation described in Subsection (1), including:
	2510	+	1236
	2511	+	(a) the name and contact information of the payment provider;
	2512	+	1237
	2513	+	(b) the nature of the relationship between the prospective licensee and the payment
	2514	+	1238
	2515	+	provider;
	2516	+	1239
	2517	+	(c) the processes of the following to safely and reliably conduct transactions for medical
	2518	+	1240
	2519	+	cannabis shipments:
	2520	+	1241
	2521	+	(i) the prospective licensee; and
	2522	+	1242
	2523	+	(ii) the electronic payment provider or the financial institution described in
	2524	+	1243
	2525	+	Subsection (1)(c); and
	2526	+	1244
	2527	+	(d) the ability of the licensee to comply with the department's rules regarding the secure
	2528	+	1245
	2529	+	transportation and delivery of medical cannabis [or medical cannabis product ]to a
	2530	+	1246
	2531	+	medical cannabis cardholder.
	2532	+	1247
	2533	+	(3) Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that
	2534	+	1248
	2535	+	the department designates as a home delivery medical cannabis pharmacy may deliver
	2536	+	1249
	2537	+	medical cannabis shipments in accordance with this part.
	2538	+	1250
	2539	+	Section 19. Section 4-41a-1202 is amended to read:
	2540	+	1251
	2541	+	4-41a-1202 . Home delivery of medical cannabis shipments -- Medical cannabis
	2542	+	1252
	2543	+	couriers -- License.
	2544	+	- 37 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	2545	+	1253
	2546	+	(1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
	2547	+	1254
	2548	+	Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home
	2549	+	1255
	2550	+	delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders[
	2551	+	1256
	2552	+	that the state central patient portal facilitates], including rules regarding the safe and
	2553	+	1257
	2554	+	controlled delivery of medical cannabis shipments.
	2555	+	1258
	2556	+	(2) A person may not operate as a medical cannabis courier without a license that the
	2557	+	1259
	2558	+	department issues under this section.
	2559	+	1260
	2560	+	(3)(a) Subject to Subsections (5) and (6), the department shall issue a license to operate
	2561	+	1261
	2562	+	as a medical cannabis courier to an applicant who is eligible for a license under this
	2563	+	1262
	2564	+	section.
	2565	+	1263
	2566	+	(b) An applicant is eligible for a license under this section if the applicant submits to the
	2567	+	1264
	2568	+	department:
	2569	+	1265
	2570	+	(i) the name and address of an individual who:
	2571	+	1266
	2572	+	(A) has a financial or voting interest of 10% or greater in the proposed medical
	2573	+	1267
	2574	+	cannabis courier; or
	2575	+	1268
	2576	+	(B) has the power to direct or cause the management or control of a proposed
	2577	+	1269
	2578	+	cannabis production establishment;
	2579	+	1270
	2580	+	(ii) an operating plan that includes operating procedures to comply with the operating
	2581	+	1271
	2582	+	requirements for a medical cannabis courier described in this chapter; and
	2583	+	1272
	2584	+	(iii) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
	2585	+	1273
	2586	+	department sets in accordance with Section 63J-1-504.
	2587	+	1274
	2588	+	(4) If the department determines that an applicant is eligible for a license under this section,
	2589	+	1275
	2590	+	the department shall:
	2591	+	1276
	2592	+	(a) charge the applicant an initial license fee in an amount that, subject to Subsection
	2593	+	1277
	2594	+	4-41a-104(5), the department sets in accordance with Section 63J-1-504; and
	2595	+	1278
	2596	+	(b) notify the Department of Public Safety of the license approval and the names of each
	2597	+	1279
	2598	+	individual described in Subsection (3)(b)(i).
	2599	+	1280
	2600	+	(5) The department may not issue a license to operate as a medical cannabis courier to an
	2601	+	1281
	2602	+	applicant if an individual described in Subsection (3)(b)(i):
	2603	+	1282
	2604	+	(a) has been convicted under state or federal law of:
	2605	+	1283
	2606	+	(i) a felony in the preceding 10 years; or
	2607	+	1284
	2608	+	(ii) after September 23, 2019, a misdemeanor for drug distribution; or
	2609	+	1285
	2610	+	(b) is younger than 21 years old.
	2611	+	1286
	2612	+	(6) The department may revoke a license under this part if:
	2613	+	- 38 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	2614	+	1287
	2615	+	(a) the medical cannabis courier does not begin operations within one year after the day
	2616	+	1288
	2617	+	on which the department issues the initial license;
	2618	+	1289
	2619	+	(b) the medical cannabis courier makes the same violation of this chapter three times;
	2620	+	1290
	2621	+	(c) an individual described in Subsection (3)(b)(i) is convicted, while the license is
	2622	+	1291
	2623	+	active, under state or federal law of:
	2624	+	1292
	2625	+	(i) a felony; or
	2626	+	1293
	2627	+	(ii) after September 23, 2019, a misdemeanor for drug distribution; or
	2628	+	1294
	2629	+	(d) after a change of ownership described in Subsection (14)(c), the department
	2630	+	1295
	2631	+	determines that the medical cannabis courier no longer meets the minimum standards
	2632	+	1296
	2633	+	for licensure and operation of the medical cannabis courier described in this chapter.
	2634	+	1297
	2635	+	(7) The department shall deposit the proceeds of a fee imposed by this section in the
	2636	+	1298
	2637	+	Qualified Production Enterprise Fund.
	2638	+	1299
	2639	+	(8) The department's authority to issue a license under this section is plenary and is not
	2640	+	1300
	2641	+	subject to review.
	2642	+	1301
	2643	+	(9) Each applicant for a license as a medical cannabis courier shall submit, at the time of
	2644	+	1302
	2645	+	application, from each individual who has a financial or voting interest of 10% or
	2646	+	1303
	2647	+	greater in the applicant or who has the power to direct or cause the management or
	2648	+	1304
	2649	+	control of the applicant:
	2650	+	1305
	2651	+	(a) a fingerprint card in a form acceptable to the Department of Public Safety;
	2652	+	1306
	2653	+	(b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
	2654	+	1307
493	2655		registration of the individual's fingerprints in the Federal Bureau of Investigation
494		-	~~242~~
495		-	Next Generation Identification System's Rap Back Service; and]
496		-	~~243~~
497		-	[(~~iii~~) consent to a fingerprint background check by:]
498		-	~~244~~
499		-	[(A) the Bureau of Criminal Identification; and]
500		-	~~245~~
501		-	[(B) the Federal Bureau of Investigation.]
502		-	~~246~~
503		-	[(b) The Bureau of Criminal Identification shall:]
504		-	~~247~~
505		-	[(i) check the fingerprints the applicant submits under Subsection (~~6)(a~~) against the
506		-	~~248~~
	2656	+	1308
	2657	+	Next Generation Identification System's Rap Back Service; and
	2658	+	1309
	2659	+	(c) consent to a fingerprint background check by:
	2660	+	1310
	2661	+	(i) the Bureau of Criminal Identification; and
	2662	+	1311
	2663	+	(ii) the Federal Bureau of Investigation.
	2664	+	1312
	2665	+	(10) The Bureau of Criminal Identification shall:
	2666	+	1313
	2667	+	(a) check the fingerprints the applicant submits under Subsection (9) against the
	2668	+	1314
507	2669		applicable state, regional, and national criminal records databases, including the
508		-	249
509		-	Federal Bureau of Investigation Next Generation Identification System;]
510		-	250
511		-	[(ii) report the results of the background check to the department;]
512		-	251
513		-	[(iii) maintain a separate file of fingerprints that applicants submit under Subsection
514		-	252
515		-	(6)(a) for search by future submissions to the local and regional criminal records
516		-	253
517		-	databases, including latent prints;]
518		-	254
519		-	[(iv) request that the fingerprints be retained in the Federal Bureau of Investigation
520		-	255
521		-	Next Generation Identification System's Rap Back Service for search by future
522		-	256
	2670	+	1315
	2671	+	Federal Bureau of Investigation Next Generation Identification System;
	2672	+	1316
	2673	+	(b) report the results of the background check to the department;
	2674	+	1317
	2675	+	(c) maintain a separate file of fingerprints that applicants submit under Subsection (9)
	2676	+	1318
	2677	+	for search by future submissions to the local and regional criminal records databases,
	2678	+	1319
	2679	+	including latent prints;
	2680	+	1320
	2681	+	(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
	2682	+	- 39 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	2683	+	1321
	2684	+	Generation Identification System's Rap Back Service for search by future
	2685	+	1322
523	2686		submissions to national criminal records databases, including the Next Generation
524		-	~~257~~
525		-	Identification System and latent prints; and]
526		-	~~258~~
527		-	[(v) establish a privacy risk mitigation strategy to ensure that the department only
528		-	~~259~~
	2687	+	1323
	2688	+	Identification System and latent prints; and
	2689	+	1324
	2690	+	(e) establish a privacy risk mitigation strategy to ensure that the department only
	2691	+	1325
529	2692		receives notifications for an individual with whom the department maintains an
530		-	~~260~~
531		-	authorizing relationship.]
532		-	~~261~~
533		-	[(c) The department shall:]
534		-	~~262~~
535		-	[(i) assess an individual who submits fingerprints under Subsection (~~6)(a~~) a fee in an
536		-	~~263~~
	2693	+	1326
	2694	+	authorizing relationship.
	2695	+	1327
	2696	+	(11) The department shall:
	2697	+	1328
	2698	+	(a) assess an individual who submits fingerprints under Subsection (9) a fee in an
	2699	+	1329
537	2700		amount that the department sets in accordance with Section 63J-1-504 for the
538		-	~~264~~
	2701	+	1330
539	2702		services that the Bureau of Criminal Identification or another authorized agency
540		-	265
541		-	provides under this section; and]
542		-	- 8 - Enrolled Copy H.B. 54
543		-	266
544		-	[(ii) remit the fee described in Subsection (6)(c)(i) to the Bureau of Criminal
545		-	267
546		-	Identification.]
547		-	268
548		-	Section 3. Section 4-41-103.3 is amended to read:
549		-	269
550		-	4-41-103.3 . Industrial hemp retailer permit.
551		-	270
552		-	(1) Except as provided in Subsection [(4)] (5), a retailer permittee of the department may
553		-	271
554		-	market or sell a cannabinoid product or a viable industrial hemp seed.
555		-	272
556		-	(2) A person seeking an industrial hemp retailer permit shall provide to the department:
557		-	273
558		-	(a) the name of the person that is seeking to market or sell a cannabinoid product or a
559		-	274
560		-	viable industrial hemp seed;
561		-	275
562		-	(b) the address of each location where a cannabinoid product or a viable industrial hemp
563		-	276
564		-	seed will be sold; and
565		-	277
566		-	(c) written consent allowing a representative of the department to enter all premises
567		-	278
568		-	where the person is selling a cannabinoid product or a viable industrial hemp seed for
569		-	279
570		-	the purpose of:
571		-	280
572		-	(i) conducting a physical inspection; or
573		-	281
574		-	(ii) ensuring compliance with the requirements of this chapter.
575		-	282
576		-	(3) Beginning January 1, 2026, an industrial hemp retailer permittee shall:
577		-	283
578		-	(a) maintain a video surveillance system that:
579		-	284
580		-	(i) is able to monitor who purchases a cannabinoid product from the permittee;
581		-	285
582		-	(ii) is tamper proof; and
583		-	286
584		-	(iii) stores a video record for at least 45 days; and
585		-	287
586		-	(b) provide the department access to the video surveillance system upon request.
587		-	288
588		-	[(3)] (4) The department may set a fee in accordance with Subsection 4-2-103(2) for the
589		-	289
590		-	application for an industrial hemp retailer permit.
591		-	290
592		-	[(4)] (5) Any marketing for a cannabinoid product or a viable industrial hemp seed shall
593		-	291
594		-	include a notice to consumers that the product is hemp and is not cannabis or medical
595		-	292
596		-	cannabis, as those terms are defined in Section 26B-4-201.
597		-	293
598		-	Section 4. Section 4-41-105 is amended to read:
599		-	294
600		-	4-41-105 . Unlawful acts.
601		-	295
602		-	(1) It is unlawful for a person to handle, process, or market living industrial hemp plants,
603		-	296
604		-	viable hemp seeds, leaf materials, or floral materials derived from industrial hemp
605		-	297
606		-	without the appropriate license or permit issued by the department under this chapter.
607		-	298
608		-	(2)(a) It is unlawful for any person to:
609		-	299
610		-	(i) distribute, sell, or market a cannabinoid product that is:
611		-	- 9 - H.B. 54 Enrolled Copy
612		-	300
613		-	(A) not registered with the department under Section 4-41-104; or
614		-	301
615		-	(B) noncompliant material;
616		-	302
617		-	(ii) except as provided in Subsection (2)(b), transport into or out of the state extracted
618		-	303
619		-	material or final product that contains 0.3% or more of total THC and any THC
620		-	304
621		-	analog;
622		-	305
623		-	(iii) sell or use a cannabinoid product that is:
624		-	306
625		-	(A) added to a conventional food or beverage, as the department further defines in
626		-	307
627		-	rules described in Section 4-41-403;
628		-	308
629		-	(B) marketed or manufactured to be enticing to children, as further defined in
630		-	309
631		-	rules described in Section 4-41-403; or
632		-	310
633		-	(C) smokable flower; or
634		-	311
635		-	(iv) knowingly or intentionally sell or give a cannabinoid product that contains THC
636		-	312
637		-	or a THC analog in the course of business to an individual who is not at least 21
638		-	313
	2703	+	1331
	2704	+	provides under this section; and
	2705	+	1332
	2706	+	(b) remit the fee described in Subsection (11)(a) to the Bureau of Criminal Identification.
	2707	+	1333
	2708	+	(12) The department shall renew a license under this section every year if, at the time of
	2709	+	1334
	2710	+	renewal:
	2711	+	1335
	2712	+	(a) the licensee meets the requirements of this section; and
	2713	+	1336
	2714	+	(b) the licensee pays the department a license renewal fee in an amount that, subject to
	2715	+	1337
	2716	+	Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504.
	2717	+	1338
	2718	+	(13) A person applying for a medical cannabis courier license shall submit to the
	2719	+	1339
	2720	+	department a proposed operating plan that complies with this section and that includes:
	2721	+	1340
	2722	+	(a) a description of the physical characteristics of any proposed facilities, including a
	2723	+	1341
	2724	+	floor plan and an architectural elevation, and delivery vehicles;
	2725	+	1342
	2726	+	(b) a description of the credentials and experience of each officer, director, or owner of
	2727	+	1343
	2728	+	the proposed medical cannabis courier;
	2729	+	1344
	2730	+	(c) the medical cannabis courier's employee training standards;
	2731	+	1345
	2732	+	(d) a security plan; and
	2733	+	1346
	2734	+	(e) storage and delivery protocols, both short and long term, to ensure that medical
	2735	+	1347
	2736	+	cannabis shipments are stored and delivered in a manner that is sanitary and
	2737	+	1348
	2738	+	preserves the integrity of the cannabis.
	2739	+	1349
	2740	+	(14)(a) A medical cannabis courier license is not transferable or assignable.
	2741	+	1350
	2742	+	(b) A medical cannabis courier shall report in writing to the department no later than 10
	2743	+	1351
	2744	+	business days before the date of any change of ownership of the medical cannabis
	2745	+	1352
	2746	+	courier.
	2747	+	1353
	2748	+	(c) If the ownership of a medical cannabis courier changes by 50% or more:
	2749	+	1354
	2750	+	(i) concurrent with the report described in Subsection (14)(b), the medical cannabis
	2751	+	- 40 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	2752	+	1355
	2753	+	courier shall submit a new application described in Subsection (3)(b);
	2754	+	1356
	2755	+	(ii) within 30 days of the submission of the application, the department shall:
	2756	+	1357
	2757	+	(A) conduct an application review; and
	2758	+	1358
	2759	+	(B) award a license to the medical cannabis courier for the remainder of the term
	2760	+	1359
	2761	+	of the medical cannabis courier's license before the ownership change if the
	2762	+	1360
	2763	+	medical cannabis courier meets the minimum standards for licensure and
	2764	+	1361
	2765	+	operation of the medical cannabis courier described in this chapter; and
	2766	+	1362
	2767	+	(iii) if the department approves the license application, notwithstanding Subsection
	2768	+	1363
	2769	+	(4), the medical cannabis courier shall pay a license fee that the department sets in
	2770	+	1364
	2771	+	accordance with Section 63J-1-504 in an amount that covers the board's cost of
	2772	+	1365
	2773	+	conducting the application review.
	2774	+	1366
	2775	+	(15)(a) Except as provided in Subsection(15)(b), a person may not advertise regarding
	2776	+	1367
	2777	+	the transportation of medical cannabis.
	2778	+	1368
	2779	+	(b) Notwithstanding Subsection (14)(a) and subject to Section 4-41a-109, a licensed
	2780	+	1369
	2781	+	home delivery medical cannabis pharmacy or a licensed medical cannabis courier
	2782	+	1370
	2783	+	may advertise:
	2784	+	1371
	2785	+	(i) a green cross;
	2786	+	1372
	2787	+	(ii) the pharmacy's or courier's name and logo; and
	2788	+	1373
	2789	+	(iii) that the pharmacy or courier is licensed to transport medical cannabis shipments.
	2790	+	1374
	2791	+	Section 20. Section 4-41a-1203 is amended to read:
	2792	+	1375
	2793	+	4-41a-1203 . Medical cannabis shipment transportation.
	2794	+	1376
	2795	+	(1) The department shall ensure that each home delivery medical cannabis pharmacy is
	2796	+	1377
	2797	+	capable of delivering, directly or through a medical cannabis courier, medical cannabis
	2798	+	1378
	2799	+	shipments in a secure manner.
	2800	+	1379
	2801	+	(2)(a) A home delivery medical cannabis pharmacy may contract with a licensed
	2802	+	1380
	2803	+	medical cannabis courier to deliver medical cannabis shipments to fulfill electronic
	2804	+	1381
	2805	+	medical cannabis orders[ that the state central patient portal facilitates].
	2806	+	1382
	2807	+	(b) If a home delivery medical cannabis pharmacy enters into a contract described in
	2808	+	1383
	2809	+	Subsection (2)(a), the pharmacy shall:
	2810	+	1384
	2811	+	(i) impose security and personnel requirements on the medical cannabis courier
	2812	+	1385
	2813	+	sufficient to ensure the security and safety of medical cannabis shipments; and
	2814	+	1386
	2815	+	(ii) provide regular oversight of the medical cannabis courier.
	2816	+	1387
	2817	+	(3) Notwithstanding Subsection 4-41a-404(1), an individual may transport a medical
	2818	+	1388
	2819	+	cannabis shipment if the individual is:
	2820	+	- 41 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	2821	+	1389
	2822	+	(a) a registered pharmacy medical provider;
	2823	+	1390
	2824	+	(b) a registered medical cannabis pharmacy agent; or
	2825	+	1391
	2826	+	(c) a registered agent of the medical cannabis courier described in Subsection (2).
	2827	+	1392
	2828	+	(4) An individual transporting a medical cannabis shipment under Subsection (3) shall
	2829	+	1393
	2830	+	comply with the requirements of Subsection 4-41a-404(3).
	2831	+	1394
	2832	+	(5) In addition to the requirements in Subsections (3) and (4), the department may establish
	2833	+	1395
	2834	+	by rule, in collaboration with the Division of Professional Licensing and the Board of
	2835	+	1396
	2836	+	Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
	2837	+	1397
	2838	+	Rulemaking Act, requirements for transporting medical cannabis shipments that are
	2839	+	1398
	2840	+	related to safety for human consumption of [cannabis or a cannabis product] medical
	2841	+	1399
	2842	+	cannabis.
	2843	+	1400
	2844	+	(6)(a) It is unlawful for an individual to transport a medical cannabis shipment with a
	2845	+	1401
	2846	+	manifest that does not meet the requirements of Subsection (4).
	2847	+	1402
	2848	+	(b) Except as provided in Subsection (6)(d), an individual who violates Subsection (6)(a)
	2849	+	1403
	2850	+	is:
	2851	+	1404
	2852	+	(i) guilty of an infraction; and
	2853	+	1405
	2854	+	(ii) subject to a $100 fine.
	2855	+	1406
	2856	+	(c) An individual who is guilty of a violation described in Subsection (6)(b) is not guilty
	2857	+	1407
	2858	+	of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
	2859	+	1408
	2860	+	conduct underlying the violation described in Subsection (6)(b).
	2861	+	1409
	2862	+	(d) If the individual described in Subsection (6)(a) is transporting more cannabis,
	2863	+	1410
	2864	+	cannabis product, or medical cannabis devices than the manifest identifies, except for
	2865	+	1411
	2866	+	a de minimis administrative error:
	2867	+	1412
	2868	+	(i) this chapter does not apply; and
	2869	+	1413
	2870	+	(ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
	2871	+	1414
	2872	+	Substances Act.
	2873	+	1415
	2874	+	Section 21. Section 4-41a-1206 is amended to read:
	2875	+	1416
	2876	+	4-41a-1206 . Closed-door medical cannabis pharmacy.
	2877	+	1417
	2878	+	(1)(a) Subject to Subsections (1)(b) and (c), a home delivery medical cannabis pharmacy
	2879	+	1418
	2880	+	may open a single closed-door medical cannabis pharmacy.
	2881	+	1419
	2882	+	(b) A home delivery medical cannabis pharmacy may not open a closed-door medical
	2883	+	1420
	2884	+	cannabis pharmacy unless the home delivery medical cannabis pharmacy:
	2885	+	1421
	2886	+	(i) has an operating plan that includes a closed-door medical cannabis pharmacy; and
	2887	+	1422
	2888	+	(ii) obtains a license issued by the department for a closed-door medical cannabis
	2889	+	- 42 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	2890	+	1423
	2891	+	pharmacy.
	2892	+	1424
	2893	+	(c) An entity that owns multiple home delivery medical cannabis pharmacies may open
	2894	+	1425
	2895	+	only one closed-door medical cannabis pharmacy.
	2896	+	1426
	2897	+	(d) The department may institute a fee in accordance with Section 63J-1-504 to
	2898	+	1427
	2899	+	administer this section.
	2900	+	1428
	2901	+	(2) A home delivery medical cannabis pharmacy that opens a closed-door medical cannabis
	2902	+	1429
	2903	+	pharmacy under Subsection (1) shall ensure:
	2904	+	1430
	2905	+	(a) that a pharmacy medical provider who is a licensed pharmacist:
	2906	+	1431
	2907	+	(i) is directly supervising the packaging of an order; and
	2908	+	1432
	2909	+	(ii) is present in the closed-door medical cannabis pharmacy when an order is
	2910	+	1433
	2911	+	packaged for delivery; and
	2912	+	1434
	2913	+	(b) all record keeping requirements, labeling requirements, and patient counseling
	2914	+	1435
	2915	+	requirements described in this chapter and Title 26B, Chapter 4, Part 2, Cannabinoid
	2916	+	1436
	2917	+	Research and Medical Cannabis, are satisfied before sending out an order.
	2918	+	1437
	2919	+	(3) An individual who prepares an order at a closed-door medical cannabis pharmacy under
	2920	+	1438
	2921	+	this section shall be registered as:
	2922	+	1439
	2923	+	(a) a pharmacy medical provider; or
	2924	+	1440
	2925	+	(b) a medical cannabis pharmacy agent.
	2926	+	1441
	2927	+	(4)(a) A closed-door medical cannabis pharmacy shall operate:
	2928	+	1442
	2929	+	(i) except as provided in Subsection (4)(b), in a facility that is accessible only by an
	2930	+	1443
	2931	+	individual who is a pharmacy medical provider or a medical cannabis pharmacy
	2932	+	1444
	2933	+	agent; and
	2934	+	1445
	2935	+	(ii) at a physical address in accordance with Subsection (6).
	2936	+	1446
	2937	+	(b) A closed-door medical cannabis pharmacy may authorize an individual who is at
	2938	+	1447
	2939	+	least 18 years old and is not a pharmacy medical provider or a cannabis pharmacy
	2940	+	1448
	2941	+	agent to access the closed-door medical cannabis pharmacy if the closed-door
	2942	+	1449
	2943	+	medical cannabis pharmacy:
	2944	+	1450
	2945	+	(i) tracks and monitors the individual at all times while the individual is at the
	2946	+	1451
	2947	+	closed-door medical cannabis pharmacy; and
	2948	+	1452
	2949	+	(ii) maintains a record of the individual's access, including arrival and departure.
	2950	+	1453
	2951	+	(c) A closed-door medical cannabis pharmacy shall operate in a facility that has:
	2952	+	1454
	2953	+	(i) a single, secure public entrance; and
	2954	+	1455
	2955	+	(ii) a security system with a backup power source that:
	2956	+	1456
	2957	+	(A) detects and records entry into the closed-door medical cannabis pharmacy;
	2958	+	- 43 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	2959	+	1457
	2960	+	(B) provides notice of an unauthorized entry to law enforcement when the
	2961	+	1458
	2962	+	closed-door medical cannabis pharmacy is closed; and
	2963	+	1459
	2964	+	(C) a lock or equivalent restrictive security feature on any area where the
	2965	+	1460
	2966	+	closed-door medical cannabis pharmacy stores a cannabis product.
	2967	+	1461
	2968	+	(d) A closed-door medical cannabis pharmacy shall ensure that any cannabis or cannabis
	2969	+	1462
	2970	+	products in the closed-door medical cannabis pharmacy that are intended for home
	2971	+	1463
	2972	+	delivery are separated in a manner that is readily distinguishable from any other
	2973	+	1464
	2974	+	cannabis or cannabis product in the facility.
	2975	+	1465
	2976	+	(5) A closed-door medical cannabis pharmacy may only provide cannabis or a cannabis
	2977	+	1466
	2978	+	product to an individual through a delivery that complies with this part.
	2979	+	1467
	2980	+	(6)(a) A person may not locate a closed-door medical cannabis pharmacy:
	2981	+	1468
	2982	+	(i) within 1,000 feet of a community location; or
	2983	+	1469
	2984	+	(ii) in or within 600 feet of a district that the relevant municipality or county has
	2985	+	1470
	2986	+	zoned as primarily residential.
	2987	+	1471
	2988	+	(b) The proximity requirements described in Subsection (6)(a) shall be measured from
	2989	+	1472
	2990	+	the nearest entrance to the closed-door medical cannabis pharmacy by following the
	2991	+	1473
	2992	+	shortest route of ordinary pedestrian travel to the property boundary of the
	2993	+	1474
	2994	+	community location or residential area.
	2995	+	1475
	2996	+	(c) The licensing board may grant a waiver to reduce the proximity requirements in
	2997	+	1476
	2998	+	Subsection (6)(a) by up to 20% if the licensing board determines that it is not
	2999	+	1477
	3000	+	reasonably feasible for the applicant to site the proposed closed-door medical
	3001	+	1478
	3002	+	cannabis pharmacy without the waiver.
	3003	+	1479
	3004	+	(d) An applicant for a license under this section shall provide evidence of compliance
	3005	+	1480
	3006	+	with the proximity requirements described in Subsection (6)(a).
	3007	+	1481
	3008	+	(7) When determining where a closed-door medical cannabis pharmacy may open, the
	3009	+	1482
	3010	+	licensing board:
	3011	+	1483
	3012	+	(a) shall utilize geographic regions created by the department through rule;
	3013	+	1484
	3014	+	(b) shall prioritize allowing entities that do not have a medical cannabis pharmacy in a
	3015	+	1485
	3016	+	region to open a closed-door medical cannabis pharmacy in the region;
	3017	+	1486
	3018	+	(c) of the total amount of closed-door medical cannabis pharmacies, may allow only
	3019	+	1487
	3020	+	three closed-door medical cannabis pharmacies to operate in counties of the first and
	3021	+	1488
	3022	+	second class as described in Section 17-50-501; and
	3023	+	1489
	3024	+	(d) for determining the three closed-door medical cannabis pharmacies described in
	3025	+	1490
	3026	+	Subsection (7)(c), consider the following:
	3027	+	- 44 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	3028	+	1491
	3029	+	(i) the history of compliance with state law and rules for all licenses issued under this
	3030	+	1492
	3031	+	chapter;
	3032	+	1493
	3033	+	(ii) the medical cannabis pharmacy's willingness to offer a variety of brands and
	3034	+	1494
	3035	+	products;
	3036	+	1495
	3037	+	(iii) the ability of the operating plan to ensure the safety and security of the
	3038	+	1496
	3039	+	community;
	3040	+	1497
	3041	+	(iv) the suitability of the proposed location and the location's ability to serve the local
	3042	+	1498
	3043	+	community; and
	3044	+	1499
	3045	+	(v) any other relevant information determined through rule.
	3046	+	1500
	3047	+	(8) A closed-door medical cannabis pharmacy may not account for more than:
	3048	+	1501
	3049	+	(a) for an entity that holds a single medical cannabis pharmacy license, the greater of:
	3050	+	1502
	3051	+	(i) 35% of the medical cannabis pharmacy's total revenue; or
	3052	+	1503
	3053	+	(ii) $2,000,000 in total revenue; or
	3054	+	1504
	3055	+	(b) for an entity that holds more than one medical cannabis pharmacy license, the greater
	3056	+	1505
	3057	+	of:
	3058	+	1506
	3059	+	(i) 35% of the total revenue of the entity's medical cannabis pharmacy that generates
	3060	+	1507
	3061	+	the most revenue; or
	3062	+	1508
	3063	+	(ii) $2,000,000 in total revenue.
	3064	+	1509
	3065	+	(9) Notwithstanding any other provision of this section, the [department] licensing board
	3066	+	1510
	3067	+	may issue only [three] one closed-door medical cannabis pharmacy [licenses] license
	3068	+	1511
	3069	+	before July 1, 2027.
	3070	+	1512
	3071	+	(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
	3072	+	1513
	3073	+	department shall make rules to implement this section.
	3074	+	1514
	3075	+	Section 22. Section 26B-1-435 is amended to read:
	3076	+	1515
	3077	+	26B-1-435 . Medical Cannabis Policy Advisory Board creation -- Membership --
	3078	+	1516
	3079	+	Duties.
	3080	+	1517
	3081	+	(1) There is created within the department the Medical Cannabis Policy Advisory Board.
	3082	+	1518
	3083	+	(2)(a) The advisory board shall consist of the following members:
	3084	+	1519
	3085	+	(i) appointed by the executive director:
	3086	+	1520
	3087	+	(A) a qualified medical provider who has recommended medical cannabis to at
	3088	+	1521
	3089	+	least 100 patients before being appointed;
	3090	+	1522
	3091	+	[(B) a medical research professional;]
	3092	+	1523
	3093	+	[(C)] (B) a mental health specialist;
	3094	+	1524
	3095	+	[(D)] (C) an individual who represents an organization that advocates for medical
	3096	+	- 45 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	3097	+	1525
	3098	+	cannabis patients;
	3099	+	1526
	3100	+	[(E)] (D) [an individual] a member of the general public who holds a medical
	3101	+	1527
	3102	+	cannabis patient card; and
	3103	+	1528
	3104	+	[(F)] (E) a member of the general public who does not hold a medical cannabis
	3105	+	1529
	3106	+	card;[ and]
	3107	+	1530
	3108	+	(ii) appointed by the commissioner of the Department of Agriculture and Food:
	3109	+	1531
	3110	+	(A) an individual who owns or operates a licensed cannabis cultivation facility, as
	3111	+	1532
	3112	+	defined in Section 4-41a-102;
	3113	+	1533
	3114	+	(B) an individual who owns or operates a licensed medical cannabis pharmacy;
	3115	+	1534
	3116	+	and
	3117	+	1535
	3118	+	(C) a law enforcement officer[.] ; and
	3119	+	1536
	3120	+	(iii) a representative from the Center for Medical Cannabis Research created in
	3121	+	1537
	3122	+	Section 53B-14-1402, appointed by the Center for Medical Cannabis Research.
	3123	+	1538
	3124	+	(b) The commissioner of the Department of Agriculture and Food shall ensure that at
	3125	+	1539
	3126	+	least one individual appointed under Subsection (2)(a)(ii)(A) or (B) also owns or
	3127	+	1540
	3128	+	operates a licensed cannabis processing facility.
	3129	+	1541
	3130	+	(3)(a) Subject to Subsection (3)(b), a member of the advisory board shall serve for a four
	3131	+	1542
	3132	+	year term.
	3133	+	1543
	3134	+	(b) When appointing the initial membership of the advisory board, the executive director
	3135	+	1544
	3136	+	and the commissioner of the Department of Agriculture and Food shall coordinate to
	3137	+	1545
	3138	+	appoint four advisory board members to serve a term of two years to ensure that
	3139	+	1546
	3140	+	approximately half of the board is appointed every two years.
	3141	+	1547
	3142	+	(4)(a) If an advisory board member is no longer able to serve as a member, a new
	3143	+	1548
	3144	+	member shall be appointed in the same manner as the original appointment.
	3145	+	1549
	3146	+	(b) A member appointed in accordance with Subsection (4)(a) shall serve for the
	3147	+	1550
	3148	+	remainder of the unexpired term of the original appointment.
	3149	+	1551
	3150	+	(5)(a) A majority of the advisory board members constitutes a quorum.
	3151	+	1552
	3152	+	(b) The action of a majority of a quorum constitutes an action of the advisory board.
	3153	+	1553
	3154	+	(c) For a term lasting one year, the advisory board shall annually designate members of
	3155	+	1554
	3156	+	the advisory board to serve as chair and vice-chair.
	3157	+	1555
	3158	+	(d) When designating the chair and vice-chair, the advisory board shall ensure that at
	3159	+	1556
	3160	+	least one individual described Subsection (2)(a)(i) is appointed as chair or vice-chair.
	3161	+	1557
	3162	+	(6) An advisory board member may not receive compensation or benefits for the member's
	3163	+	1558
	3164	+	service on the advisory board but may receive per diem and reimbursement for travel
	3165	+	- 46 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	3166	+	1559
	3167	+	expenses incurred as an advisory board member in accordance with:
	3168	+	1560
	3169	+	(a) Sections 63A-3-106 and 63A-3-107; and
	3170	+	1561
	3171	+	(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
	3172	+	1562
	3173	+	63A-3-107.
	3174	+	1563
	3175	+	(7) The department shall:
	3176	+	1564
	3177	+	(a) provide staff support for the advisory board; and
	3178	+	1565
	3179	+	(b) assist the advisory board in conducting meetings.
	3180	+	1566
	3181	+	(8) The advisory board may recommend:
	3182	+	1567
	3183	+	(a) to the department or the Department of Agriculture and Food changes to current or
	3184	+	1568
	3185	+	proposed medical cannabis rules or statutes; and
	3186	+	1569
	3187	+	(b) to the appropriate legislative committee whether the advisory board supports a
	3188	+	1570
	3189	+	change to medical cannabis statutes.
	3190	+	1571
	3191	+	(9) The advisory board shall:
	3192	+	1572
	3193	+	(a) review any draft rule that is authorized under [this chapter] Chapter 4, Part 2,
	3194	+	1573
	3195	+	Cannabinoid Research and Medical Cannabis, or Title 4, Chapter 41a, Cannabis
	3196	+	1574
	3197	+	Production Establishments and Pharmacies;
	3198	+	1575
	3199	+	(b) consult with the Department of Agriculture and Food regarding the issuance of an
	3200	+	1576
	3201	+	additional:
	3202	+	1577
	3203	+	(i) cultivation facility license under Section 4-41a-205; or
	3204	+	1578
	3205	+	(ii) pharmacy license under Section 4-41a-1005;
	3206	+	1579
	3207	+	(c) consult with the department regarding cannabis patient education;
	3208	+	1580
	3209	+	(d) consult regarding the reasonableness of any fees set by the department or the
	3210	+	1581
	3211	+	Department of Agriculture and Food that pertain to the medical cannabis program;
	3212	+	1582
	3213	+	and
	3214	+	1583
	3215	+	(e) consult regarding any issue pertaining to medical cannabis when asked by the
	3216	+	1584
	3217	+	department or the Utah Department of Agriculture and Food.
	3218	+	1585
	3219	+	Section 23. Section 26B-4-201 is amended to read:
	3220	+	1586
	3221	+	26B-4-201 . Definitions.
	3222	+	1587
	3223	+	As used in this part:
	3224	+	1588
	3225	+	(1) "Active tetrahydrocannabinol" means THC, any THC analog, and
	3226	+	1589
	3227	+	tetrahydrocannabinolic acid.
	3228	+	1590
	3229	+	(2) "Administration of criminal justice" means the performance of detection, apprehension,
	3230	+	1591
	3231	+	detention, pretrial release, post-trial release, prosecution, and adjudication.
	3232	+	1592
	3233	+	(3) "Advertise" means information provided by a person in any medium:
	3234	+	- 47 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	3235	+	1593
	3236	+	(a) to the public; and
	3237	+	1594
	3238	+	(b) that is not age restricted to an individual who is at least 21 years old.
	3239	+	1595
	3240	+	(4) "Advisory board" means the Medical Cannabis Policy Advisory Board created in
	3241	+	1596
	3242	+	Section 26B-1-435.
	3243	+	1597
	3244	+	(5) "Cannabis Research Review Board" means the Cannabis Research Review Board
	3245	+	1598
	3246	+	created in Section 26B-1-420.
	3247	+	1599
	3248	+	(6) "Cannabis" means marijuana.
	3249	+	1600
	3250	+	(7) "Cannabis processing facility" means the same as that term is defined in Section
	3251	+	1601
	3252	+	4-41a-102.
	3253	+	1602
	3254	+	(8) "Cannabis product" means a product that:
	3255	+	1603
	3256	+	(a) is intended for human use; and
	3257	+	1604
	3258	+	(b) contains cannabis or any tetrahydrocannabinol or THC analog in a total
	3259	+	1605
	3260	+	concentration of 0.3% or greater on a dry weight basis.
	3261	+	1606
	3262	+	(9) "Cannabis production establishment" means the same as that term is defined in Section
	3263	+	1607
	3264	+	4-41a-102.
	3265	+	1608
	3266	+	(10) "Cannabis production establishment agent" means the same as that term is defined in
	3267	+	1609
	3268	+	Section 4-41a-102.
	3269	+	1610
	3270	+	(11) "Cannabis production establishment agent registration card" means the same as that
	3271	+	1611
	3272	+	term is defined in Section 4-41a-102.
	3273	+	1612
	3274	+	(12) "Conditional medical cannabis card" means an electronic medical cannabis card that
	3275	+	1613
	3276	+	the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an
	3277	+	1614
	3278	+	applicant for a medical cannabis card to access medical cannabis during the department's
	3279	+	1615
	3280	+	review of the application.
	3281	+	1616
	3282	+	(13) "Controlled substance database" means the controlled substance database created in
	3283	+	1617
	3284	+	Section 58-37f-201.
	3285	+	1618
	3286	+	(14) "Delivery address" means the same as that term is defined in Section 4-41a-102.
	3287	+	1619
	3288	+	(15) "Department" means the Department of Health and Human Services.
	3289	+	1620
	3290	+	(16) "Designated caregiver" means:
	3291	+	1621
	3292	+	(a) an individual:
	3293	+	1622
	3294	+	(i) whom an individual with a medical cannabis patient card or a medical cannabis
	3295	+	1623
	3296	+	guardian card designates as the patient's caregiver; and
	3297	+	1624
	3298	+	(ii) who registers with the department under Section 26B-4-214; or
	3299	+	1625
	3300	+	(b)(i) a facility that an individual designates as a designated caregiver in accordance
	3301	+	1626
	3302	+	with Subsection 26B-4-214(1)(b); or
	3303	+	- 48 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	3304	+	1627
	3305	+	(ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii).
	3306	+	1628
	3307	+	(17) "Directions of use" means recommended routes of administration for a medical
	3308	+	1629
	3309	+	cannabis treatment and suggested usage guidelines.
	3310	+	1630
	3311	+	(18) "Dosing guidelines" means a quantity range and frequency of administration for a
	3312	+	1631
	3313	+	recommended treatment of medical cannabis.
	3314	+	1632
	3315	+	(19) "Government issued photo identification" means any of the following forms of
	3316	+	1633
	3317	+	identification:
	3318	+	1634
	3319	+	(a) a valid state-issued driver license or identification card;
	3320	+	1635
	3321	+	(b) a valid United States federal-issued photo identification, including:
	3322	+	1636
	3323	+	(i) a United States passport;
	3324	+	1637
	3325	+	(ii) a United States passport card;
	3326	+	1638
	3327	+	(iii) a United States military identification card; or
	3328	+	1639
	3329	+	(iv) a permanent resident card or alien registration receipt card; or
	3330	+	1640
	3331	+	(c) a foreign passport.
	3332	+	1641
	3333	+	(20) "Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that
	3334	+	1642
	3335	+	the department authorizes, as part of the pharmacy's license, to deliver medical cannabis
	3336	+	1643
	3337	+	shipments to a delivery address to fulfill electronic orders[ that the state central patient
	3338	+	1644
	3339	+	portal facilitates].
	3340	+	1645
	3341	+	(21) "Inventory control system" means the system described in Section 4-41a-103.
	3342	+	1646
	3343	+	(22) "Legal dosage limit" means an amount that:
	3344	+	1647
	3345	+	(a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the
	3346	+	1648
	3347	+	relevant recommending medical provider or [the state central patient portal or ]
	3348	+	1649
	3349	+	pharmacy medical provider, in accordance with Subsection 26B-4-230(5),
	3350	+	1650
	3351	+	recommends; and
	3352	+	1651
	3353	+	(b) may not exceed:
	3354	+	1652
	3355	+	(i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
	3356	+	1653
	3357	+	(ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in
	3358	+	1654
	3359	+	total, greater than 20 grams of active tetrahydrocannabinol.
	3360	+	1655
	3361	+	(23) "Legal use termination date" means a date on the label of a container of unprocessed
	3362	+	1656
	3363	+	cannabis flower:
	3364	+	1657
	3365	+	(a) that is 60 days after the date of purchase of the cannabis; and
	3366	+	1658
	3367	+	(b) after which, the cannabis is no longer in a medicinal dosage form outside of the
	3368	+	1659
	3369	+	primary residence of the relevant medical cannabis patient cardholder.
	3370	+	1660
	3371	+	(24) "Limited medical provider" means an individual who:
	3372	+	- 49 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	3373	+	1661
	3374	+	(a) meets the recommending qualifications; and
	3375	+	1662
	3376	+	(b) has no more than 15 patients with a valid medical cannabis patient card as a result of
	3377	+	1663
	3378	+	the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b).
	3379	+	1664
	3380	+	(25) "Marijuana" means the same as that term is defined in Section 58-37-2.
	3381	+	1665
	3382	+	(26) "Medical cannabis" or "medical cannabis product" means cannabis in a medicinal
	3383	+	1666
	3384	+	dosage form or a cannabis product in a medicinal dosage form.
	3385	+	1667
	3386	+	(27) "Medical cannabis card" means a medical cannabis patient card, a medical cannabis
	3387	+	1668
	3388	+	guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card.
	3389	+	1669
	3390	+	(28) "Medical cannabis cardholder" means:
	3391	+	1670
	3392	+	(a) a holder of a medical cannabis card; or
	3393	+	1671
	3394	+	(b) a facility or assigned employee, described in Subsection (16)(b), only:
	3395	+	1672
	3396	+	(i) within the scope of the facility's or assigned employee's performance of the role of
	3397	+	1673
	3398	+	a medical cannabis patient cardholder's caregiver designation under Subsection
	3399	+	1674
	3400	+	26B-4-214(1)(b); and
	3401	+	1675
	3402	+	(ii) while in possession of documentation that establishes:
	3403	+	1676
	3404	+	(A) a caregiver designation described in Subsection 26B-4-214(1)(b);
	3405	+	1677
	3406	+	(B) the identity of the individual presenting the documentation; and
	3407	+	1678
	3408	+	(C) the relation of the individual presenting the documentation to the caregiver
	3409	+	1679
	3410	+	designation.
	3411	+	1680
	3412	+	(29) "Medical cannabis caregiver card" means an electronic document that a cardholder
	3413	+	1681
	3414	+	may print or store on an electronic device or a physical card or document that:
	3415	+	1682
	3416	+	(a) the department issues to an individual whom a medical cannabis patient cardholder
	3417	+	1683
	3418	+	or a medical cannabis guardian cardholder designates as a designated caregiver; and
	3419	+	1684
	3420	+	(b) is connected to the electronic verification system.
	3421	+	1685
	3422	+	(30) "Medical cannabis courier" means the same as that term is defined in Section
	3423	+	1686
	3424	+	4-41a-102.
	3425	+	1687
	3426	+	(31)(a) "Medical cannabis device" means a device that an individual uses to ingest or
	3427	+	1688
	3428	+	inhale [cannabis in a medicinal dosage form or a cannabis product in a medicinal
	3429	+	1689
	3430	+	dosage form] medical cannabis.
	3431	+	1690
	3432	+	(b) "Medical cannabis device" does not include a device that:
	3433	+	1691
	3434	+	(i) facilitates cannabis combustion; or
	3435	+	1692
	3436	+	(ii) an individual uses to ingest substances other than cannabis.
	3437	+	1693
	3438	+	(32) "Medical cannabis guardian card" means an electronic document that a cardholder may
	3439	+	1694
	3440	+	print or store on an electronic device or a physical card or document that:
	3441	+	- 50 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	3442	+	1695
	3443	+	(a) the department issues to the parent or legal guardian of a minor with a qualifying
	3444	+	1696
	3445	+	condition; and
	3446	+	1697
	3447	+	(b) is connected to the electronic verification system.
	3448	+	1698
	3449	+	(33) "Medical cannabis patient card" means an electronic document that a cardholder may
	3450	+	1699
	3451	+	print or store on an electronic device or a physical card or document that:
	3452	+	1700
	3453	+	(a) the department issues to an individual with a qualifying condition; and
	3454	+	1701
	3455	+	(b) is connected to the electronic verification system.
	3456	+	1702
	3457	+	(34) "Medical cannabis pharmacy" means a person that:
	3458	+	1703
	3459	+	(a)(i) acquires or intends to acquire medical cannabis [or a cannabis product in a
	3460	+	1704
	3461	+	medicinal dosage form ]from a cannabis processing facility or another medical
	3462	+	1705
	3463	+	cannabis pharmacy or a medical cannabis device; or
	3464	+	1706
	3465	+	(ii) possesses medical cannabis or a medical cannabis device; and
	3466	+	1707
	3467	+	(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical
	3468	+	1708
	3469	+	cannabis cardholder.
	3470	+	1709
	3471	+	(35) "Medical cannabis pharmacy agent" means an individual who holds a valid medical
	3472	+	1710
	3473	+	cannabis pharmacy agent registration card issued by the department.
	3474	+	1711
	3475	+	(36) "Medical cannabis pharmacy agent registration card" means a registration card issued
	3476	+	1712
	3477	+	by the department that authorizes an individual to act as a medical cannabis pharmacy
	3478	+	1713
	3479	+	agent.
	3480	+	1714
	3481	+	(37) "Medical cannabis shipment" means the same as that term is defined in Section
	3482	+	1715
	3483	+	4-41a-102.
	3484	+	1716
	3485	+	(38) "Medical cannabis treatment" means [cannabis in a medicinal dosage form, a cannabis
	3486	+	1717
	3487	+	product in a medicinal dosage form, or] medical cannabis or a medical cannabis device.
	3488	+	1718
	3489	+	(39)(a) "Medicinal dosage form" means:
	3490	+	1719
	3491	+	(i) for processed medical cannabis, the following with a specific and consistent
	3492	+	1720
	3493	+	cannabinoid content:
	3494	+	1721
	3495	+	(A) a tablet;
	3496	+	1722
	3497	+	(B) a capsule;
	3498	+	1723
	3499	+	(C) a concentrated liquid or viscous oil;
	3500	+	1724
	3501	+	(D) a liquid suspension that does not exceed 30 milliliters;
	3502	+	1725
	3503	+	(E) a topical preparation;
	3504	+	1726
	3505	+	(F) a transdermal preparation;
	3506	+	1727
	3507	+	(G) a sublingual preparation;
	3508	+	1728
	3509	+	(H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
	3510	+	- 51 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	3511	+	1729
	3512	+	rectangular cuboid shape;
	3513	+	1730
	3514	+	(I) a resin or wax;
	3515	+	1731
	3516	+	(J) an aerosol;
	3517	+	1732
	3518	+	(K) a suppository preparation; or
	3519	+	1733
	3520	+	(L) a soft or hard confection that is a uniform rectangular cuboid or uniform
	3521	+	1734
	3522	+	spherical shape, is homogeneous in color and texture, and each piece is a single
	3523	+	1735
	3524	+	serving; or
	3525	+	1736
	3526	+	(ii) for unprocessed cannabis flower, a container described in Section 4-41a-602 that:
	3527	+	1737
	3528	+	(A) contains cannabis flower in a quantity that varies by no more than 10% from
	3529	+	1738
	3530	+	the stated weight at the time of packaging;
	3531	+	1739
	3532	+	(B) at any time the medical cannabis cardholder transports or possesses the
	3533	+	1740
	3534	+	container in public, is contained within an opaque bag or box that the medical
	3535	+	1741
	3536	+	cannabis pharmacy provides; and
	3537	+	1742
	3538	+	(C) is labeled with the container's content and weight, the date of purchase, the
	3539	+	1743
	3540	+	legal use termination date, and a barcode that provides information connected
	3541	+	1744
	3542	+	to an inventory control system.
	3543	+	1745
	3544	+	(b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
	3545	+	1746
	3546	+	(i) the medical cannabis cardholder has recently removed from the container
	3547	+	1747
	3548	+	described in Subsection (39)(a)(ii) for use; and
	3549	+	1748
	3550	+	(ii) does not exceed the quantity described in Subsection (39)(a)(ii).
	3551	+	1749
	3552	+	(c) "Medicinal dosage form" does not include:
	3553	+	1750
	3554	+	(i) any unprocessed cannabis flower outside of the container described in Subsection
	3555	+	1751
	3556	+	(39)(a)(ii), except as provided in Subsection (39)(b);
	3557	+	1752
	3558	+	(ii) any unprocessed cannabis flower in a container described in Subsection
	3559	+	1753
	3560	+	(39)(a)(ii) after the legal use termination date;
	3561	+	1754
	3562	+	(iii) a process of vaporizing and inhaling concentrated cannabis by placing the
	3563	+	1755
	3564	+	cannabis on a nail or other metal object that is heated by a flame, including a
	3565	+	1756
	3566	+	blowtorch;
	3567	+	1757
	3568	+	(iv) a liquid suspension that is branded as a beverage;
	3569	+	1758
	3570	+	(v) a substance described in Subsection (39)(a)(i) or (ii) if the substance is not
	3571	+	1759
	3572	+	measured in grams, milligrams, or milliliters; or
	3573	+	1760
	3574	+	(vi) a substance that contains or is covered to any degree with chocolate.
	3575	+	1761
	3576	+	(40) "Nonresident patient" means an individual who:
	3577	+	1762
	3578	+	(a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
	3579	+	- 52 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
	3580	+	1763
	3581	+	(b) has a currently valid medical cannabis card or the equivalent of a medical cannabis
	3582	+	1764
	3583	+	card under the laws of another state, district, territory, commonwealth, or insular
	3584	+	1765
	3585	+	possession of the United States; and
	3586	+	1766
	3587	+	(c) has been diagnosed with a qualifying condition as described in Section 26B-4-203.
	3588	+	1767
	3589	+	(41) "Pharmacy medical provider" means the medical provider required to be on site at a
	3590	+	1768
	3591	+	medical cannabis pharmacy under Section 26B-4-219.
	3592	+	1769
	3593	+	(42) "Provisional patient card" means a card that:
	3594	+	1770
	3595	+	(a) the department issues to a minor with a qualifying condition for whom:
	3596	+	1771
	3597	+	(i) a recommending medical provider has recommended a medical cannabis
	3598	+	1772
	3599	+	treatment; and
	3600	+	1773
	3601	+	(ii) the department issues a medical cannabis guardian card to the minor's parent or
	3602	+	1774
	3603	+	legal guardian; and
	3604	+	1775
	3605	+	(b) is connected to the electronic verification system.
	3606	+	1776
	3607	+	(43) "Qualified medical provider" means an individual:
	3608	+	1777
	3609	+	(a) who meets the recommending qualifications; and
	3610	+	1778
	3611	+	(b) whom the department registers to recommend treatment with cannabis in a medicinal
	3612	+	1779
	3613	+	dosage form under Section 26B-4-204.
	3614	+	1780
	3615	+	(44) "Qualified Patient Enterprise Fund" means the enterprise fund created in Section
	3616	+	1781
	3617	+	26B-1-310.
	3618	+	1782
	3619	+	(45) "Qualifying condition" means a condition described in Section 26B-4-203.
	3620	+	1783
	3621	+	(46) "Recommend" or "recommendation" means, for a recommending medical provider, the
	3622	+	1784
	3623	+	act of suggesting the use of medical cannabis treatment, which:
	3624	+	1785
	3625	+	(a) certifies the patient's eligibility for a medical cannabis card; and
	3626	+	1786
	3627	+	(b) may include, at the recommending medical provider's discretion, directions of use,
	3628	+	1787
	3629	+	with or without dosing guidelines.
	3630	+	1788
	3631	+	(47) "Recommending medical provider" means a qualified medical provider or a limited
	3632	+	1789
	3633	+	medical provider.
	3634	+	1790
	3635	+	(48) "Recommending qualifications" means that an individual:
	3636	+	1791
	3637	+	(a)(i) has the authority to write a prescription;
	3638	+	1792
	3639	+	(ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
	3640	+	1793
	3641	+	Controlled Substances Act; and
	3642	+	1794
	3643	+	(iii) possesses the authority, in accordance with the individual's scope of practice, to
	3644	+	1795
	3645	+	prescribe a Schedule II controlled substance; and
	3646	+	1796
	3647	+	(b) is licensed as:
	3648	+	- 53 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
	3649	+	1797
	3650	+	(i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
	3651	+	1798
	3652	+	(ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice
	3653	+	1799
	3654	+	Act;
	3655	+	1800
	3656	+	(iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
	3657	+	1801
	3658	+	Chapter 68, Utah Osteopathic Medical Practice Act; or
	3659	+	1802
	3660	+	(iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
	3661	+	1803
	3662	+	[(49) "State central patient portal" means the website the department creates, in accordance
	3663	+	1804
	3664	+	with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical
	3665	+	1805
	3666	+	cannabis order.]
	3667	+	1806
	3668	+	[(50)] (49) "State electronic verification system" means the system described in Section
	3669	+	1807
	3670	+	26B-4-202.
	3671	+	1808
	3672	+	[(51)] (50) "Targeted marketing" means the promotion by a qualified medical provider,
	3673	+	1809
	3674	+	medical clinic, or medical office that employs a qualified medical provider of a medical
	3675	+	1810
	3676	+	cannabis recommendation service using any of the following methods:
	3677	+	1811
	3678	+	(a) electronic communication to an individual who is at least 21 years old and has
	3679	+	1812
	3680	+	requested to receive promotional information;
	3681	+	1813
	3682	+	(b) an in-person marketing event that is held in an area where only an individual who is
	3683	+	1814
	3684	+	at least 21 years old may access the event;
	3685	+	1815
	3686	+	(c) other marketing material that is physically or digitally displayed in the office of the
	3687	+	1816
	3688	+	medical clinic or office that employs a qualified medical provider; or
	3689	+	1817
	3690	+	(d) a leaflet that a qualified medical provider, medical clinic, or medical office that
	3691	+	1818
	3692	+	employs a qualified medical provider shares with an individual who is at least 21
	3693	+	1819
639	3694		years old.
640		-	314
641		-	(b) A person may transport transportable industrial hemp concentrate if the person:
642		-	315
643		-	(i) complies with rules created by the department under Section 4-41-103.1 related to
644		-	316
645		-	transportable industrial hemp concentrate; and
646		-	317
647		-	(ii)(A) has [an industrial hemp producer registration] a cannabinoid processor
648		-	318
649		-	license; or
650		-	319
651		-	(B) the equivalent to [an industrial hemp producer registration] a cannabinoid
652		-	320
653		-	processor license from another state.
654		-	321
655		-	(3) The department may seize and destroy non-compliant material.
656		-	322
657		-	(4) Nothing in this chapter authorizes any person to violate federal law, regulation, or any
658		-	323
659		-	provision of this title.
660		-	324
661		-	Section 5. Section 4-41-404 is amended to read:
662		-	325
663		-	4-41-404 . Department duties.
664		-	326
665		-	The department [shall assess the fine described in Subsection 4-41-403(4) ] may take an
666		-	327
667		-	enforcement action in accordance with Section 4-41-106 against any person who offers an
668		-	328
669		-	unregistered cannabinoid product for sale in this state.
670		-	329
671		-	Section 6. Section 4-41-405 is enacted to read:
672		-	330
673		-	4-41-405 . Newly identified cannabinoid.
674		-	331
675		-	(1) For a newly identified cannabinoid, the department may:
676		-	332
677		-	(a) establish a maximum allowable concentration that a cannabinoid product may
678		-	333
679		-	contain of the newly identified cannabinoid;
680		-	- 10 - Enrolled Copy H.B. 54
681		-	334
682		-	(b) prohibit the newly identified cannabinoid from appearing in a cannabinoid product;
683		-	335
684		-	or
685		-	336
686		-	(c) modify the maximum allowable concentration described in Subsection (1)(a) as
687		-	337
688		-	necessary if it would not create a threat to public health.
689		-	338
690		-	(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
691		-	339
692		-	department shall make rules to implement Subsection (1).
693		-	340
694		-	Section 7. Section 4-41a-102 is amended to read:
695		-	341
696		-	4-41a-102 . Definitions.
697		-	342
698		-	As used in this chapter:
699		-	343
700		-	(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be
701		-	344
702		-	injurious to health, including:
703		-	345
704		-	(a) pesticides;
705		-	346
706		-	(b) heavy metals;
707		-	347
708		-	(c) solvents;
709		-	348
710		-	(d) microbial life;
711		-	349
712		-	(e) artificially derived cannabinoid;
713		-	350
714		-	(f) toxins; or
715		-	351
716		-	(g) foreign matter.
717		-	352
718		-	(2) "Advertise" or "advertising" means information provided by a person in any medium:
719		-	353
720		-	(a) to the public; and
721		-	354
722		-	(b) that is not age restricted to an individual who is at least 21 years old.
723		-	355
724		-	(3) "Advisory board" means the Medical Cannabis Policy Advisory Board created in
725		-	356
726		-	Section 26B-1-435.
727		-	357
728		-	(4)(a) "Anticompetitive business practice" means any practice that reduces the amount
729		-	358
730		-	of competition in the medical cannabis market that would be considered an attempt to
731		-	359
732		-	monopolize, as defined in Section 76-10-3103.
733		-	360
734		-	(b) "Anticompetitive business practice" may include:
735		-	361
736		-	(i) agreements that may be considered unreasonable when competitors interact to the
737		-	362
738		-	extent that they are:
739		-	363
740		-	(A) no longer acting independently; or
741		-	364
742		-	(B) when collaborating are able to wield market power together;
743		-	365
744		-	(ii) monopolizing or attempting to monopolize trade by:
745		-	366
746		-	(A) acting to maintain or acquire a dominant position in the market; or
747		-	367
748		-	(B) preventing new entry into the market; or
749		-	- 11 - H.B. 54 Enrolled Copy
750		-	368
751		-	(iii) other conduct outlined in rule.
752		-	369
753		-	(5)(a) "Artificially derived cannabinoid" means a chemical substance that is created by a
754		-	370
755		-	chemical reaction that changes the molecular structure of any chemical substance
756		-	371
757		-	derived from the cannabis plant.
758		-	372
759		-	(b) "Artificially derived cannabinoid" does not include:
760		-	373
761		-	(i) a naturally occurring chemical substance that is separated from the cannabis plant
762		-	374
763		-	by a chemical or mechanical extraction process; or
764		-	375
765		-	(ii) a cannabinoid that is produced by decarboxylation from a naturally occurring
766		-	376
767		-	cannabinoid acid without the use of a chemical catalyst.
768		-	377
769		-	(6) "Batch" means a quantity of:
770		-	378
771		-	(a) cannabis extract produced on a particular date and time and produced between
772		-	379
773		-	completion of equipment and facility sanitation protocols until the next required
774		-	380
775		-	sanitation cycle during which lots of cannabis are used;
776		-	381
777		-	(b) cannabis product produced on a particular date and time and produced between
778		-	382
779		-	completion of equipment and facility sanitation protocols until the next required
780		-	383
781		-	sanitation cycle during which cannabis extract is used; or
782		-	384
783		-	(c) cannabis flower packaged on a particular date and time and produced between
784		-	385
785		-	completion of equipment and facility sanitation protocols until the next required
786		-	386
787		-	sanitation cycle during which lots of cannabis are being used.
788		-	387
789		-	[(6)] (7) "Cannabis Research Review Board" means the Cannabis Research Review Board
790		-	388
791		-	created in Section 26B-1-420.
792		-	389
793		-	[(7)] (8) "Cannabis" means the same as that term is defined in Section 26B-4-201.
794		-	390
795		-	[(8)] (9) "Cannabis concentrate" means:
796		-	391
797		-	(a) the product of any chemical or physical process applied to naturally occurring
798		-	392
799		-	biomass that concentrates or isolates the cannabinoids contained in the biomass; and
800		-	393
801		-	(b) any amount of a natural cannabinoid or artificially derived cannabinoid in an
802		-	394
803		-	artificially derived cannabinoid's purified state.
804		-	395
805		-	[(9)] (10) "Cannabis cultivation byproduct" means any portion of a cannabis plant that is not
806		-	396
807		-	intended to be sold as a cannabis plant product.
808		-	397
809		-	[(10)] (11) "Cannabis cultivation facility" means a person that:
810		-	398
811		-	(a) possesses cannabis;
812		-	399
813		-	(b) grows or intends to grow cannabis; and
814		-	400
815		-	(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis
816		-	401
817		-	processing facility, or a medical cannabis research licensee.
818		-	- 12 - Enrolled Copy H.B. 54
819		-	402
820		-	[(11)] (12) "Cannabis cultivation facility agent" means an individual who
821		-	403
822		-	holds a valid cannabis production establishment agent registration card with a cannabis
823		-	404
824		-	cultivation facility designation.
825		-	405
826		-	[(12)] (13) "Cannabis derivative product" means a product made using cannabis concentrate.
827		-	406
828		-	[(13)] (14) "Cannabis plant product" means any portion of a cannabis plant intended to be
829		-	407
830		-	sold in a form that is recognizable as a portion of a cannabis plant.
831		-	408
832		-	[(14)] (15) "Cannabis processing facility" means a person that:
833		-	409
834		-	(a) acquires or intends to acquire cannabis from a cannabis production establishment;
835		-	410
836		-	(b) possesses cannabis with the intent to manufacture a cannabis product;
837		-	411
838		-	(c) manufactures or intends to manufacture a cannabis product from unprocessed
839		-	412
840		-	cannabis or a cannabis extract; and
841		-	413
842		-	(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a
843		-	414
844		-	medical cannabis research licensee.
845		-	415 [(15)] (16) "Cannabis processing facility agent" means an individual who
846		-	416
847		-	holds a valid cannabis production establishment agent registration card with a cannabis
848		-	417
849		-	processing facility designation.
850		-	418
851		-	[(16)] (17) "Cannabis product" means the same as that term is defined in Section 26B-4-201.
852		-	419
853		-	[(17)] (18) "Cannabis production establishment" means a cannabis cultivation facility, a
854		-	420
855		-	cannabis processing facility, or an independent cannabis testing laboratory.
856		-	421
857		-	[(18)] (19) "Cannabis production establishment agent" means a cannabis cultivation facility
858		-	422
859		-	agent, a cannabis processing facility agent, or an independent cannabis testing laboratory
860		-	423
861		-	agent.
862		-	424
863		-	[(19)] (20) "Cannabis production establishment agent registration card" means a registration
864		-	425
865		-	card that the department issues that:
866		-	426
867		-	(a) authorizes an individual to act as a cannabis production establishment agent; and
868		-	427
869		-	(b) designates the type of cannabis production establishment for which an individual is
870		-	428
871		-	authorized to act as an agent.
872		-	429
873		-	[(20)] (21) "Closed-door medical cannabis pharmacy" means a facility operated by a home
874		-	430
875		-	delivery medical cannabis pharmacy for delivering [cannabis or a medical cannabis
876		-	431
877		-	product] medical cannabis.
878		-	432
879		-	[(21)] (22) "Community location" means a public or private elementary or secondary school,
880		-	433
881		-	a church, a public library, a public playground, or a public park.
882		-	434
883		-	[(22)] (23) "Cultivation space" means, quantified in square feet, the horizontal area in which
884		-	435
885		-	a cannabis cultivation facility cultivates cannabis, including each level of horizontal area
886		-	- 13 - H.B. 54 Enrolled Copy
887		-	436
888		-	if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants
889		-	437
890		-	above other plants in multiple levels.
891		-	438
892		-	[(23)] (24) "Delivery address" means:
893		-	439
894		-	(a) for a medical cannabis cardholder who is not a facility:
895		-	440
896		-	(i) the medical cannabis cardholder's home address; or
897		-	441
898		-	(ii) an address designated by the medical cannabis cardholder that:
899		-	442
900		-	(A) is the medical cannabis cardholder's workplace; and
901		-	443
902		-	(B) is not a community location; or
903		-	444
904		-	(b) for a medical cannabis cardholder that is a facility, the facility's address.
905		-	445
906		-	[(24)] (25) "Department" means the Department of Agriculture and Food.
907		-	446
908		-	[(25)] (26) "Family member" means a parent, step-parent, spouse, child, sibling,
909		-	447
910		-	step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law,
911		-	448
912		-	brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
913		-	449
914		-	[(26)] (27) "Government issued photo identification" means the same as that term is defined
915		-	450
916		-	in Section 26B-4-201, including expired identification in accordance with Section
917		-	451
918		-	26B-4-244.
919		-	452
920		-	[(27)] (28) "Home delivery medical cannabis pharmacy" means a medical cannabis
921		-	453
922		-	pharmacy that the department authorizes, as part of the pharmacy's license, to deliver
923		-	454
924		-	medical cannabis shipments to a delivery address to fulfill electronic orders[ that the
925		-	455
926		-	state central patient portal facilitates].
927		-	456
928		-	[(28)] (29)(a) "Independent cannabis testing laboratory" means a person that:
929		-	457
930		-	(i) conducts a chemical or other analysis of cannabis or a cannabis product; or
931		-	458
932		-	(ii) acquires, possesses, and transports cannabis or a cannabis product with the intent
933		-	459
934		-	to conduct a chemical or other analysis of the cannabis or cannabis product.
935		-	460
936		-	(b) "Independent cannabis testing laboratory" includes a laboratory that the department
937		-	461
938		-	or a research university operates in accordance with Subsection 4-41a-201(14).
939		-	462 [(29)] (30) "Independent cannabis testing laboratory agent" means an individual who
940		-	463
941		-	holds a valid cannabis production establishment agent registration card with an
942		-	464
943		-	independent cannabis testing laboratory designation.
944		-	465
945		-	[(30)] (31) "Inventory control system" means a system described in Section 4-41a-103.
946		-	466
947		-	[(31)] (32) "Licensing board" or "board" means the Cannabis Production Establishment and
948		-	467
949		-	Pharmacy Licensing Advisory Board created in Section 4-41a-201.1.
950		-	468
951		-	[(32)] (33) "Medical cannabis" or "medical cannabis product" means the same as that term is
952		-	469
953		-	defined in Section 26B-4-201.
954		-	- 14 - Enrolled Copy H.B. 54
955		-	470
956		-	[(33)] (34) "Medical cannabis card" means the same as that term is defined in Section
957		-	471
958		-	26B-4-201.
959		-	472
960		-	[(34)] (35) "Medical cannabis courier" means a courier that:
961		-	473
962		-	(a) the department licenses in accordance with Section 4-41a-1201; and
963		-	474
964		-	(b) contracts with a home delivery medical cannabis pharmacy to deliver medical
965		-	475
966		-	cannabis shipments to fulfill electronic orders[ that the state central patient portal
967		-	476
968		-	facilitates].
969		-	477
970		-	[(35)] (36) "Medical cannabis courier agent" means an individual who:
971		-	478
972		-	(a) is an employee of a medical cannabis courier; and
973		-	479
974		-	(b) who holds a valid medical cannabis courier agent registration card.
975		-	480
976		-	[(36)] (37) "Medical cannabis pharmacy" means the same as that term is defined in Section
977		-	481
978		-	26B-4-201.
979		-	482
980		-	[(37)] (38) "Medical cannabis pharmacy agent" means the same as that term is defined in
981		-	483
982		-	Section 26B-4-201.
983		-	484
984		-	[(38)] (39) "Medical cannabis research license" means a license that the department issues to
985		-	485
986		-	a research university for the purpose of obtaining and possessing medical cannabis for
987		-	486
988		-	academic research.
989		-	487
990		-	[(39)] (40) "Medical cannabis research licensee" means a research university that the
991		-	488
992		-	department licenses to obtain and possess medical cannabis for academic research, in
993		-	489
994		-	accordance with Section 4-41a-901.
995		-	490
996		-	[(40)] (41) "Medical cannabis shipment" means a shipment of medical cannabis that a home
997		-	491
998		-	delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery
999		-	492
1000		-	address to fulfill an electronic medical cannabis order[ that the state central patient portal
1001		-	493
1002		-	facilitates].
1003		-	494
1004		-	[(41)] (42) "Medical cannabis treatment" means the same as that term is defined in Section
1005		-	495
1006		-	26B-4-201.
1007		-	496
1008		-	[(42)] (43) "Medicinal dosage form" means the same as that term is defined in Section
1009		-	497
1010		-	26B-4-201.
1011		-	498
1012		-	[(43)] (44) "Pharmacy ownership limit" means an amount equal to 30% of the total number
1013		-	499
1014		-	of medical cannabis pharmacy licenses issued by the department rounded down to the
1015		-	500
1016		-	nearest whole number.
1017		-	501
1018		-	[(44)] (45) "Pharmacy medical provider" means the same as that term is defined in Section
1019		-	502
1020		-	26B-4-201.
1021		-	503
1022		-	[(45)] (46) "Qualified medical provider" means the same as that term is defined in Section
1023		-	- 15 - H.B. 54 Enrolled Copy
1024		-	504
1025		-	26B-4-201.
1026		-	505
1027		-	[(46)] (47) "Qualified Production Enterprise Fund" means the fund created in Section
1028		-	506
1029		-	4-41a-104.
1030		-	507
1031		-	[(47)] (48) "Recommending medical provider" means the same as that term is defined in
1032		-	508
1033		-	Section 26B-4-201.
1034		-	509
1035		-	[(48)] (49) "Research university" means the same as that term is defined in Section
1036		-	510
1037		-	53B-7-702 and a private, nonprofit college or university in the state that:
1038		-	511
1039		-	(a) is accredited by the Northwest Commission on Colleges and Universities;
1040		-	512
1041		-	(b) grants doctoral degrees; and
1042		-	513
1043		-	(c) has a laboratory containing or a program researching a schedule I controlled
1044		-	514
1045		-	substance described in Section 58-37-4.
1046		-	515
1047		-	[(49)] (50) "State electronic verification system" means the system described in Section
1048		-	516
1049		-	26B-4-202.
1050		-	517
1051		-	[(50)] (51) "Targeted marketing" means the promotion of [a cannabis product,] medical
1052		-	518
1053		-	cannabis, a medical cannabis brand, or a medical cannabis device using any of the
1054		-	519
1055		-	following methods:
1056		-	520
1057		-	(a) electronic communication to an individual who is at least 21 years old and has
1058		-	521
1059		-	requested to receive promotional information;
1060		-	522
1061		-	(b) an in-person marketing event that is:
1062		-	523
1063		-	(i) held inside a medical cannabis pharmacy; and
1064		-	524
1065		-	(ii) in an area where only a medical cannabis cardholder may access the event;
1066		-	525
1067		-	(c) other marketing material that is physically available or digitally displayed in a
1068		-	526
1069		-	medical cannabis pharmacy; or
1070		-	527
1071		-	(d) a leaflet a medical cannabis pharmacy places in the opaque package or box that is
1072		-	528
1073		-	provided to an individual when obtaining medical cannabis:
1074		-	529
1075		-	(i) in the medical cannabis pharmacy;
1076		-	530
1077		-	(ii) at the medical cannabis pharmacy's drive-through pick up window; or
1078		-	531
1079		-	(iii) in a medical cannabis shipment.
1080		-	532
1081		-	[(51)] (52) "Tetrahydrocannabinol" or "THC" means the same as that term is defined in
1082		-	533
1083		-	Section 4-41-102.
1084		-	534
1085		-	[(52)] (53) "THC analog" means the same as that term is defined in Section 4-41-102.
1086		-	535
1087		-	[(53)] (54) "Total composite tetrahydrocannabinol" means all detectable forms of
1088		-	536
1089		-	tetrahydrocannabinol.
1090		-	537
1091		-	[(54)] (55) "Total tetrahydrocannabinol" or "total THC" means the same as that term is
1092		-	- 16 - Enrolled Copy H.B. 54
1093		-	538
1094		-	defined in Section 4-41-102.
1095		-	539
1096		-	Section 8. Section 4-41a-403 is amended to read:
1097		-	540
1098		-	4-41a-403 . Advertising.
1099		-	541
1100		-	(1) Except as provided in this section and Section 4-41a-604, a cannabis production
1101		-	542
1102		-	establishment may not advertise to the general public in any medium.
1103		-	543
1104		-	(2) A cannabis production establishment may advertise an employment opportunity at the
1105		-	544
1106		-	cannabis production establishment.
1107		-	545
1108		-	(3)(a) A cannabis production establishment may maintain a website that:
1109		-	546
1110		-	[(a)] (i) contains information about the establishment and employees; and
1111		-	547
1112		-	[(b)] (ii) except as provided in Subsection (3)(b), does not advertise any medical
1113		-	548
1114		-	cannabis, cannabis products, or medical cannabis devices.
1115		-	549
1116		-	(b) A cannabis processing facility may:
1117		-	550
1118		-	(i) if the website has age verification mechanisms that effectively prevent access by
1119		-	551
1120		-	individuals under 21 years old, maintain a website that contains:
1121		-	552
1122		-	(A) educational information regarding medical cannabis produced by the cannabis
1123		-	553
1124		-	processing facility, including the certificate of analysis that is created by an
1125		-	554
1126		-	independent cannabis testing facility; and
1127		-	555
1128		-	(B) where medical cannabis produced by the cannabis processing facility may be
1129		-	556
1130		-	purchased in the state; and
1131		-	557
1132		-	(ii) engage in targeted marketing in accordance with Section 4-41a-604 for
1133		-	558
1134		-	advertising a particular medical cannabis product, medical cannabis device, or
1135		-	559
1136		-	medical cannabis brand.
1137		-	560
1138		-	(4)(a) Notwithstanding any municipal or county ordinance prohibiting signage, a
1139		-	561
1140		-	cannabis production establishment may use signage on the outside of the cannabis
1141		-	562
1142		-	production establishment that:
1143		-	563
1144		-	(i) includes only:
1145		-	564
1146		-	(A) in accordance with Subsection (4)(b), the cannabis production establishment's
1147		-	565
1148		-	name, logo, and hours of operation; and
1149		-	566
1150		-	(B) a green cross; and
1151		-	567
1152		-	(ii) complies with local ordinances regulating signage.
1153		-	568
1154		-	(b) The department shall define standards for a cannabis production establishment's
1155		-	569
1156		-	name and logo to ensure a medical rather than recreational disposition.
1157		-	570
1158		-	(5)(a) A cannabis production establishment may hold an educational event for the public
1159		-	571
1160		-	or medical providers in accordance with this Subsection (5) and the rules described in
1161		-	- 17 - H.B. 54 Enrolled Copy
1162		-	572
1163		-	Subsection (5)(c).
1164		-	573
1165		-	(b) A cannabis production establishment may not include in an educational event
1166		-	574
1167		-	described in Subsection (5)(a):
1168		-	575
1169		-	(i) any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2,
1170		-	576
1171		-	Cannabinoid Research and Medical Cannabis;
1172		-	577
1173		-	(ii) any gift items or merchandise other than educational materials, as those terms are
1174		-	578
1175		-	defined by the department;
1176		-	579
1177		-	(iii) any marketing for a specific product from the cannabis production establishment
1178		-	580
1179		-	or any other statement, claim, or information that would violate the federal Food,
1180		-	581
1181		-	Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or
1182		-	582
1183		-	(iv) a presenter other than the following:
1184		-	583
1185		-	(A) a cannabis production establishment agent;
1186		-	584
1187		-	(B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1188		-	585
1189		-	(C) an advanced practice registered nurse licensed under Title 58, Chapter 31b,
1190		-	586
1191		-	Nurse Practice Act;
1192		-	587
1193		-	(D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1194		-	588
1195		-	Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
1196		-	589
1197		-	(E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
1198		-	590
1199		-	Assistant Act; or
1200		-	591
1201		-	(F) a state employee.
1202		-	592
1203		-	(c) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1204		-	593
1205		-	Administrative Rulemaking Act, to define the elements of and restrictions on the
1206		-	594
1207		-	educational event described in Subsection (5)(a), including a minimum age of 21
1208		-	595
1209		-	years old for attendees.
1210		-	596
1211		-	Section 9. Section 4-41a-501 is amended to read:
1212		-	597
1213		-	4-41a-501 . Cannabis cultivation facility -- Operating requirements.
1214		-	598
1215		-	(1) A cannabis cultivation facility shall ensure that any cannabis growing at the cannabis
1216		-	599
1217		-	cultivation facility is not visible from the ground level of the cannabis cultivation facility
1218		-	600
1219		-	perimeter.
1220		-	601
1221		-	(2) A cannabis cultivation facility shall use a unique identifier that is connected to the
1222		-	602
1223		-	facility's inventory control system to identify:
1224		-	603
1225		-	(a) beginning at the time a cannabis plant is eight inches tall and has a root ball, each
1226		-	604
1227		-	cannabis plant;
1228		-	605
1229		-	(b) each unique harvest of cannabis plants;
1230		-	- 18 - Enrolled Copy H.B. 54
1231		-	606
1232		-	(c) each batch of cannabis the facility transfers to a medical cannabis pharmacy, a
1233		-	607
1234		-	cannabis processing facility, or an independent cannabis testing laboratory; and
1235		-	608
1236		-	(d) any excess, contaminated, or deteriorated cannabis of which the cannabis cultivation
1237		-	609
1238		-	facility disposes.
1239		-	610
1240		-	(3) A cannabis cultivation facility shall identify cannabis biomass as cannabis byproduct or
1241		-	611
1242		-	cannabis plant product before transferring the cannabis biomass from the facility.
1243		-	612
1244		-	(4) A cannabis cultivation facility shall either:
1245		-	613
1246		-	(a) ensure that a cannabis processing facility chemically or physically processes
1247		-	614
1248		-	cannabis cultivation byproduct to produce a cannabis concentrate for incorporation
1249		-	615
1250		-	into cannabis derivative products; or
1251		-	616
1252		-	(b) destroy cannabis cultivation byproduct in accordance with Section 4-41a-405.
1253		-	617
1254		-	(5) A cannabis cultivation facility may utilize radiation-based methods and equipment for
1255		-	618
1256		-	quality assurance or remediation purposes.
1257		-	619
1258		-	(6) The department shall make rules establishing:
1259		-	620
1260		-	(a) the records a cannabis cultivation facility must keep regarding each batch, amount of
1261		-	621
1262		-	product treated, and the methods used; and
1263		-	622
1264		-	(b) disclosure requirements to a cannabis processor receiving the material subject to the
1265		-	623
1266		-	radiation including the methods and equipment used.
1267		-	624
1268		-	Section 10. Section 4-41a-701 is amended to read:
1269		-	625
1270		-	4-41a-701 . Cannabis and cannabis product testing.
1271		-	626
1272		-	(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1273		-	627
1274		-	department may make rules to:
1275		-	628
1276		-	(a) determine required adulterant tests for a cannabis plant product, cannabis
1277		-	629
1278		-	concentrate, or cannabis product;
1279		-	630
1280		-	(b) determine the amount of any adulterant that is safe for human consumption;
1281		-	631
1282		-	(c) immediately ban or limit the presence of any ingredient in a medical cannabis
1283		-	632
1284		-	product after receiving a recommendation to do so from a public health authority
1285		-	633
1286		-	under Section 26B-1-102;
1287		-	634
1288		-	(d) establish protocols for a recall of [cannabis or a cannabis product] medical cannabis
1289		-	635
1290		-	by a cannabis production establishment; or
1291		-	636
1292		-	(e) allow the propagation of testing results forward to derived product if the processing
1293		-	637
1294		-	steps the cannabis production establishment uses to produce the product are unlikely
1295		-	638
1296		-	to change the results of the test.
1297		-	639
1298		-	(2)(a) The department may require testing for a toxin if:
1299		-	- 19 - H.B. 54 Enrolled Copy
1300		-	640
1301		-	[(a)] (i) the department receives information indicating the potential presence of a
1302		-	641
1303		-	toxin; or
1304		-	642
1305		-	[(b)] (ii) the department's inspector has reason to believe a toxin may be present based
1306		-	643
1307		-	on the inspection of a facility.
1308		-	644
1309		-	(b) The department may not require a cannabis processor to test a cannabis batch or a
1310		-	645
1311		-	cannabis product batch a third time if the cannabis batch or cannabis product has
1312		-	646
1313		-	previously met all testing requirements after being tested by:
1314		-	647
1315		-	(i) an independent cannabis testing laboratory that is not the department; and
1316		-	648
1317		-	(ii) the department.
1318		-	649
1319		-	(3)(a) A cannabis production establishment may not:
1320		-	650
1321		-	(i) incorporate cannabis concentrate into a cannabis derivative product until an
1322		-	651
1323		-	independent cannabis testing laboratory tests the cannabis concentrate in
1324		-	652
1325		-	accordance with department rule; or
1326		-	653
1327		-	(ii) transfer cannabis or a cannabis product to a medical cannabis pharmacy until an
1328		-	654
1329		-	independent cannabis testing laboratory tests a representative sample of the
1330		-	655
1331		-	cannabis or cannabis product in accordance with department rule.
1332		-	656
1333		-	(b) A medical cannabis pharmacy may not offer any cannabis or cannabis product for
1334		-	657
1335		-	sale unless an independent cannabis testing laboratory has tested a representative
1336		-	658
1337		-	sample of the cannabis or cannabis product in accordance with department rule.
1338		-	659
1339		-	(4) Before the sale of a medical cannabis product, an independent cannabis testing
1340		-	660
1341		-	laboratory shall:
1342		-	661
1343		-	(a) identify and quantify any cannabinoid known to be present in [a] the medical
1344		-	662
1345		-	cannabis product; and
1346		-	663
1347		-	(b) test terpene profiles for the following products:
1348		-	664
1349		-	(i) raw cannabis; or
1350		-	665
1351		-	(ii) a cannabis product:
1352		-	666
1353		-	(A) contained in a vaporizer cartridge; or
1354		-	667
1355		-	(B) in concentrate form; and
1356		-	668
1357		-	(c) record the five highest terpene profiles tested under Subsection (4)(b).
1358		-	669
1359		-	(5) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah
1360		-	670
1361		-	Administrative Rulemaking Act, the standards, methods, practices, and procedures for
1362		-	671
1363		-	the testing of cannabis and cannabis products by independent cannabis testing
1364		-	672
1365		-	laboratories.
1366		-	673
1367		-	(6) The department may require an independent cannabis testing laboratory to participate in
1368		-	- 20 - Enrolled Copy H.B. 54
1369		-	674
1370		-	a proficiency evaluation that the department conducts or that an organization that the
1371		-	675
1372		-	department approves conducts.
1373		-	676
1374		-	Section 11. Section 4-41a-801 is amended to read:
1375		-	677
1376		-	4-41a-801 . Enforcement -- Fine -- Citation.
1377		-	678
1378		-	(1) If a person that is a cannabis production establishment or a cannabis production
1379		-	679
1380		-	establishment agent violates this chapter, the department may:
1381		-	680
1382		-	(a) revoke the person's license or cannabis production establishment agent registration
1383		-	681
1384		-	card;
1385		-	682
1386		-	(b) decline to renew the person's license or cannabis production establishment agent
1387		-	683
1388		-	registration card; or
1389		-	684
1390		-	(c) assess the person an administrative penalty that the department establishes by rule in
1391		-	685
1392		-	accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1393		-	686
1394		-	(2) The department shall deposit an administrative penalty imposed under this section into
1395		-	687
1396		-	the General Fund.
1397		-	688
1398		-	(3)(a) The department may take an action described in Subsection (3)(b) if the
1399		-	689
1400		-	department concludes, upon investigation, that, for a person that is a cannabis
1401		-	690
1402		-	production establishment or a cannabis production establishment agent:
1403		-	691
1404		-	(i) the person has violated the provisions of this chapter, a rule made under this
1405		-	692
1406		-	chapter, or an order issued under this chapter; or.
1407		-	693
1408		-	(ii) the person produced cannabis or a cannabis product batch that contains a
1409		-	694
1410		-	substance, other than cannabis, that poses a significant threat to human health.
1411		-	695
1412		-	(b) If the department makes the determination about a person described in Subsection
1413		-	696
1414		-	(3)(a), the department shall:
1415		-	697
1416		-	(i) issue the person a written administrative citation;
1417		-	698
1418		-	(ii) attempt to negotiate a stipulated settlement;
1419		-	699
1420		-	[(iii) seize, embargo, or destroy the cannabis or cannabis product batch;]
1421		-	700
1422		-	[(iv)] (iii) order the person to cease and desist from the action that creates a violation; [
1423		-	701
1424		-	and] or
1425		-	702
1426		-	[(v)] (iv) direct the person to appear before an adjudicative proceeding conducted
1427		-	703
1428		-	under Title 63G, Chapter 4, Administrative Procedures Act.
1429		-	704
1430		-	(c) If the department concludes, upon investigation, that a cannabis production
1431		-	705
1432		-	establishment or a cannabis production establishment agent has produced a cannabis
1433		-	706
1434		-	batch or a cannabis product batch that contains a substance that poses a significant
1435		-	707
1436		-	threat to human health, the department shall seize, embargo, or destroy the cannabis
1437		-	- 21 - H.B. 54 Enrolled Copy
1438		-	708
1439		-	batch or cannabis product batch.
1440		-	709
1441		-	(4) The department may, for a person subject to an uncontested citation, a stipulated
1442		-	710
1443		-	settlement, or a finding of a violation in an adjudicative proceeding under this section,
1444		-	711
1445		-	for a fine amount not already specified in law, assess the person, who is not an
1446		-	712
1447		-	individual, a fine of up to $5,000 per violation, in accordance with a fine schedule that
1448		-	713
1449		-	the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
1450		-	714
1451		-	Administrative Rulemaking Act.
1452		-	715
1453		-	(5) The department may not revoke a [cannabis production establishment's ]license without
1454		-	716
1455		-	first directing the [cannabis production establishment] licensee to appear before an
1456		-	717
1457		-	adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative
1458		-	718
1459		-	Procedures Act.
1460		-	719
1461		-	(6) If within [20] 30 calendar days after the day on which a department serves a citation for
1462		-	720
1463		-	a violation of this chapter, the person that is the subject of the citation fails to request a
1464		-	721
1465		-	hearing to contest the citation, the citation becomes the department's final order.
1466		-	722
1467		-	(7) The department may, for a person who fails to comply with a citation under this section:
1468		-	723
1469		-	(a) refuse to issue or renew the person's license or cannabis production establishment
1470		-	724
1471		-	agent registration card; or
1472		-	725
1473		-	(b) suspend, revoke, or place on probation the person's license or cannabis production
1474		-	726
1475		-	establishment registration card.
1476		-	727
1477		-	(8)(a) Except where a criminal penalty is expressly provided for a specific violation of
1478		-	728
1479		-	this chapter, if an individual:
1480		-	729
1481		-	(i) violates a provision of this chapter, the individual is:
1482		-	730
1483		-	(A) guilty of an infraction; and
1484		-	731
1485		-	(B) subject to a $100 fine; or
1486		-	732
1487		-	(ii) intentionally or knowingly violates a provision of this chapter or violates this
1488		-	733
1489		-	chapter three or more times, the individual is:
1490		-	734
1491		-	(A) guilty of a class B misdemeanor; and
1492		-	735
1493		-	(B) subject to a $1,000 fine.
1494		-	736
1495		-	(b) An individual who is guilty of a violation described in Subsection (8)(a) is not guilty
1496		-	737
1497		-	of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
1498		-	738
1499		-	conduct underlying the violation described in Subsection (8)(a).
1500		-	739
1501		-	(9) Nothing in this section prohibits the department from referring potential criminal
1502		-	740
1503		-	activity to law enforcement.
1504		-	741
1505		-	(10) An appeal of administrative action taken under this chapter shall be heard by an
1506		-	- 22 - Enrolled Copy H.B. 54
1507		-	742
1508		-	administrative law judge as an informal proceeding in accordance with Title 63G,
1509		-	743
1510		-	Chapter 4, Administrative Procedures Act.
1511		-	744
1512		-	Section 12. Section 4-41a-802 is amended to read:
1513		-	745
1514		-	4-41a-802 . Report.
1515		-	746
1516		-	(1) At or before the November interim meeting each year, the department shall report to the
1517		-	747
1518		-	Health and Human Services Interim Committee on:
1519		-	748
1520		-	(a) the number of applications and renewal applications that the department receives
1521		-	749
1522		-	under this chapter;
1523		-	750
1524		-	(b) the number of each type of cannabis production facility that the department licenses
1525		-	751
1526		-	in each county;
1527		-	752
1528		-	(c) the amount of cannabis that licensees grow;
1529		-	753
1530		-	(d) the amount of cannabis that licensees manufacture into cannabis products;
1531		-	754
1532		-	(e) the number of licenses the department revokes under this chapter;
1533		-	755
1534		-	(f) the department's operation of an independent cannabis testing laboratory under
1535		-	756
1536		-	Section 4-41a-201, including:
1537		-	757
1538		-	(i) the cannabis and cannabis products the department tested; and
1539		-	758
1540		-	(ii) the results of the tests the department performed;
1541		-	759
1542		-	(g) the expenses incurred and revenues generated under this chapter; and
1543		-	760
1544		-	(h) an analysis of product availability in medical cannabis pharmacies in consultation
1545		-	761
1546		-	with the Department of Health and Human Services.
1547		-	762
1548		-	(2) The department may not include personally identifying information in the report
1549		-	763
1550		-	described in this section.
1551		-	764
1552		-	(3) The department shall report to the working group described in Section 36-12-8.2 as
1553		-	765
1554		-	requested by the working group.
1555		-	766
1556		-	(4)(a) Before August 1, of each year, the department shall provide a report to the
1557		-	767
1558		-	working group described in Section 36-12-8.2 that provides the following for each
1559		-	768
1560		-	fine issued by the department under this chapter:
1561		-	769
1562		-	(i) the date of the fine;
1563		-	770
1564		-	(ii) the reference to the statute or rule that was violated for each fine issued; and
1565		-	771
1566		-	(iii) a short description explaining why the fine was issued.
1567		-	772
1568		-	(b) The report described in Subsection (4)(a) may not include identifying information of
1569		-	773
1570		-	the person that was subject to the fine.
1571		-	774
1572		-	Section 13. Section 4-41a-1001 is amended to read:
1573		-	775
1574		-	4-41a-1001 . Medical cannabis pharmacy -- License -- Eligibility.
1575		-	- 23 - H.B. 54 Enrolled Copy
1576		-	776
1577		-	(1) A person may not:
1578		-	777
1579		-	(a) operate as a medical cannabis pharmacy without a license that the department issues
1580		-	778
1581		-	under this part;
1582		-	779
1583		-	(b) obtain a medical cannabis pharmacy license if obtaining the license would cause the
1584		-	780
1585		-	person to exceed the pharmacy ownership limit;
1586		-	781
1587		-	(c) obtain a partial ownership share of a medical cannabis pharmacy if obtaining the
1588		-	782
1589		-	partial ownership share would cause the person to exceed the pharmacy ownership
1590		-	783
1591		-	limit; or
1592		-	784
1593		-	(d) enter into any contract or agreement that allows the person to directly or indirectly
1594		-	785
1595		-	control the operations of a medical cannabis pharmacy if the person's control of the
1596		-	786
1597		-	medical cannabis pharmacy would cause the person to effectively exceed the
1598		-	787
1599		-	pharmacy ownership limit.
1600		-	788
1601		-	(2)(a)(i) Subject to Subsections (4) and (5) and to Section 4-41a-1005, the department
1602		-	789
1603		-	shall issue a license to operate a medical cannabis pharmacy through the licensing
1604		-	790
1605		-	board created under Section 4-41a-201.1.
1606		-	791
1607		-	(ii) The department may not issue a license to operate a medical cannabis pharmacy
1608		-	792
1609		-	to an applicant who is not eligible for a license under this section.
1610		-	793
1611		-	(b) An applicant is eligible for a license under this section if the applicant submits to the
1612		-	794
1613		-	department:
1614		-	795
1615		-	(i) subject to Subsection (2)(c), a proposed name and address where the applicant will
1616		-	796
1617		-	operate the medical cannabis pharmacy;
1618		-	797
1619		-	(ii) the name and address of an individual who:
1620		-	798
1621		-	(A) for a publicly traded company, has a financial or voting interest of 10% or
1622		-	799
1623		-	greater in the proposed medical cannabis pharmacy;
1624		-	800
1625		-	(B) for a privately held company, a financial or voting interest in the proposed
1626		-	801
1627		-	medical cannabis pharmacy; or
1628		-	802
1629		-	(C) has the power to direct or cause the management or control of a proposed
1630		-	803
1631		-	medical cannabis pharmacy;
1632		-	804
1633		-	(iii) for each application that the applicant submits to the department, a statement
1634		-	805
1635		-	from the applicant that the applicant will obtain and maintain:
1636		-	806
1637		-	(A) a performance bond in the amount of $100,000 issued by a surety authorized
1638		-	807
1639		-	to transact surety business in the state; or
1640		-	808
1641		-	(B) a liquid cash account in the amount of $100,000 with a financial institution;
1642		-	809
1643		-	(iv) an operating plan that:
1644		-	- 24 - Enrolled Copy H.B. 54
1645		-	810
1646		-	(A) complies with Section 4-41a-1004;
1647		-	811
1648		-	(B) includes operating procedures to comply with the operating requirements for a
1649		-	812
1650		-	medical cannabis pharmacy described in this part and with a relevant municipal
1651		-	813
1652		-	or county law that is consistent with Section 4-41a-1106; and
1653		-	814
1654		-	(C) the department approves;
1655		-	815
1656		-	(v) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
1657		-	816
1658		-	department sets in accordance with Section 63J-1-504; and
1659		-	817
1660		-	(vi) a description of any investigation or adverse action taken by any licensing
1661		-	818
1662		-	jurisdiction, government agency, law enforcement agency, or court in any state for
1663		-	819
1664		-	any violation or detrimental conduct in relation to any of the applicant's
1665		-	820
1666		-	cannabis-related operations or businesses.
1667		-	821
1668		-	(c)(i) A person may not locate a medical cannabis pharmacy:
1669		-	822
1670		-	(A) within 200 feet of a community location; or
1671		-	823
1672		-	(B) in or within 600 feet of a district that the relevant municipality or county has
1673		-	824
1674		-	zoned as primarily residential.
1675		-	825
1676		-	(ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
1677		-	826
1678		-	from the nearest entrance to the medical cannabis pharmacy establishment by
1679		-	827
1680		-	following the shortest route of ordinary pedestrian travel to the property boundary
1681		-	828
1682		-	of the community location or residential area.
1683		-	829
1684		-	(iii) The department may grant a waiver to reduce the proximity requirements in
1685		-	830
1686		-	Subsection (2)(c)(i) by up to 20% if the department determines that it is not
1687		-	831
1688		-	reasonably feasible for the applicant to cite the proposed medical cannabis
1689		-	832
1690		-	pharmacy without the waiver.
1691		-	833
1692		-	(iv) An applicant for a license under this section shall provide evidence of
1693		-	834
1694		-	compliance with the proximity requirements described in Subsection (2)(c)(i).
1695		-	835
1696		-	(d) The department may not issue a license to an eligible applicant that the department
1697		-	836
1698		-	has selected to receive a license until the selected eligible applicant complies with the
1699		-	837
1700		-	bond or liquid cash requirement described in Subsection (2)(b)(iii).
1701		-	838
1702		-	(e) If the department receives more than one application for a medical cannabis
1703		-	839
1704		-	pharmacy within the same city or town, the department shall consult with the local
1705		-	840
1706		-	land use authority before approving any of the applications pertaining to that city or
1707		-	841
1708		-	town.
1709		-	842
1710		-	(f) In considering the issuance of a medical cannabis pharmacy license under this
1711		-	843
1712		-	section, the department may consider the extent to which the pharmacy can increase
1713		-	- 25 - H.B. 54 Enrolled Copy
1714		-	844
1715		-	efficiency and reduce cost to patients of medical cannabis.
1716		-	845
1717		-	[(3) If the department selects an applicant ]
1718		-	846
1719		-	(3)(a) After an entity has been selected for a medical cannabis pharmacy license under
1720		-	847
1721		-	this section, the department shall:
1722		-	848
1723		-	[(a)] (i) charge the applicant an initial license fee in an amount that, subject to
1724		-	849
1725		-	Subsection 4-41a-104(5), the department sets in accordance with Section
1726		-	850
1727		-	63J-1-504;
1728		-	851
1729		-	[(b)] (ii) notify the Department of Public Safety of the license approval and the names
1730		-	852
1731		-	of each individual described in Subsection (2)(b)(ii); and
1732		-	853
1733		-	[(c)] (iii) charge the licensee a fee in an amount that, subject to Subsection 4-41a-104
1734		-	854
1735		-	(5), the department sets in accordance with Section 63J-1-504, for any change in
1736		-	855
1737		-	location, ownership, or company structure.
1738		-	856
1739		-	(b) For a fee described in Subsection (3)(a)(i), a license fee for a medical cannabis
1740		-	857
1741		-	pharmacy located in a medically underserved area as determined by the federal
1742		-	858
1743		-	Health Resources and Services Administration shall be 50% less than what is charged
1744		-	859
1745		-	for other medical cannabis pharmacies.
1746		-	860
1747		-	(4) The department may not issue a license to operate a medical cannabis pharmacy to an
1748		-	861
1749		-	applicant if an individual described in Subsection (2)(b)(ii):
1750		-	862
1751		-	(a) has been convicted under state or federal law of:
1752		-	863
1753		-	(i) a felony in the preceding 10 years; or
1754		-	864
1755		-	(ii) after December 3, 2018, a misdemeanor for drug distribution;
1756		-	865
1757		-	(b) is younger than 21 years old; or
1758		-	866
1759		-	(c) after September 23, 2019, until January 1, 2023, is actively serving as a legislator.
1760		-	867
1761		-	(5)[(a)] If an applicant for a medical cannabis pharmacy license under this section holds
1762		-	868
1763		-	another license under this chapter, the department may not give preference to the
1764		-	869
1765		-	applicant based on the applicant's status as a holder of the license.
1766		-	870
1767		-	[(b) If an applicant for a medical cannabis pharmacy license under this section holds a
1768		-	871
1769		-	license to operate a cannabis cultivation facility under this section, the department
1770		-	872
1771		-	may give consideration to the applicant's status as a holder of the license if:]
1772		-	873
1773		-	[(i) the applicant demonstrates that a decrease in costs to patients is more likely to
1774		-	874
1775		-	result from the applicant's vertical integration than from a more competitive
1776		-	875
1777		-	marketplace; and]
1778		-	876
1779		-	[(ii) the department finds multiple other factors, in addition to the existing license,
1780		-	877
1781		-	that support granting the new license.]
1782		-	- 26 - Enrolled Copy H.B. 54
1783		-	878
1784		-	(6) The licensing board may revoke a license under this part:
1785		-	879
1786		-	(a) if the medical cannabis pharmacy does not begin operations within one year after the
1787		-	880
1788		-	day on which the department issues an announcement of the department's intent to
1789		-	881
1790		-	award a license to the medical cannabis pharmacy;
1791		-	882
1792		-	(b) after the third the same violation of this chapter in any of the licensee's licensed
1793		-	883
1794		-	cannabis production establishments or medical cannabis pharmacies;
1795		-	884
1796		-	(c) if an individual described in Subsection (2)(b)(ii) is convicted, while the license is
1797		-	885
1798		-	active, under state or federal law of:
1799		-	886
1800		-	(i) a felony; or
1801		-	887
1802		-	(ii) after December 3, 2018, a misdemeanor for drug distribution;
1803		-	888
1804		-	(d) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at
1805		-	889
1806		-	the time of application, or fails to supplement the information described in
1807		-	890
1808		-	Subsection (2)(b)(vi) with any investigation or adverse action that occurs after the
1809		-	891
1810		-	submission of the application within 14 calendar days after the licensee receives
1811		-	892
1812		-	notice of the investigation or adverse action;
1813		-	893
1814		-	(e) if the medical cannabis pharmacy demonstrates a willful or reckless disregard for the
1815		-	894
1816		-	requirements of this chapter or the rules the department makes in accordance with
1817		-	895
1818		-	this chapter;
1819		-	896
1820		-	(f) if, after a change of ownership described in Subsection (11)(c), the department
1821		-	897
1822		-	determines that the medical cannabis pharmacy no longer meets the minimum
1823		-	898
1824		-	standards for licensure and operation of the medical cannabis pharmacy described in
1825		-	899
1826		-	this chapter; or
1827		-	900
1828		-	(g) if through an investigation conducted under Subsection 4-41a-201.1(11) and in
1829		-	901
1830		-	accordance with Title 63G, Chapter 4, Administrative Procedures Act, the board
1831		-	902
1832		-	finds that the licensee has participated in anticompetitive business practices.
1833		-	903
1834		-	(7)(a) A person who receives a medical cannabis pharmacy license under this chapter, if
1835		-	904
1836		-	the municipality or county where the licensed medical cannabis pharmacy will be
1837		-	905
1838		-	located requires a local land use permit, shall submit to the department a copy of the
1839		-	906
1840		-	licensee's approved application for the land use permit within 120 days after the day
1841		-	907
1842		-	on which the department issues the license.
1843		-	908
1844		-	(b) If a licensee fails to submit to the department a copy the licensee's approved land use
1845		-	909
1846		-	permit application in accordance with Subsection (7)(a), the department may revoke
1847		-	910
1848		-	the licensee's license.
1849		-	911
1850		-	(8) The department shall deposit the proceeds of a fee imposed by this section into the
1851		-	- 27 - H.B. 54 Enrolled Copy
1852		-	912
1853		-	Qualified Production Enterprise Fund.
1854		-	913
1855		-	(9) The department shall begin accepting applications under this part on or before March 1,
1856		-	914
1857		-	2020.
1858		-	915
1859		-	(10)(a) The department's authority to issue a license under this section is plenary and is
1860		-	916
1861		-	not subject to review.
1862		-	917
1863		-	(b) Notwithstanding Subsection (2), the decision of the department to award a license to
1864		-	918
1865		-	an applicant is not subject to:
1866		-	919
1867		-	(i) Title 63G, Chapter 6a, Part 16, Protests; or
1868		-	920
1869		-	(ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
1870		-	921
1871		-	(11)(a) A medical cannabis pharmacy license is not transferrable or assignable.
1872		-	922
1873		-	(b) A medical cannabis pharmacy shall report in writing to the department no later than
1874		-	923
1875		-	10 business days before the date of any change of ownership of the medical cannabis
1876		-	924
1877		-	pharmacy.
1878		-	925
1879		-	(c) If the ownership of a medical cannabis pharmacy changes by 50% or more:
1880		-	926
1881		-	(i) concurrent with the report described in Subsection (11)(b), the medical cannabis
1882		-	927
1883		-	pharmacy shall submit a new application described in Subsection (2)(b), subject to
1884		-	928
1885		-	Subsection (2)(c);
1886		-	929
1887		-	(ii) within 30 days of the submission of the application, the department shall:
1888		-	930
1889		-	(A) conduct an application review; and
1890		-	931
1891		-	(B) award a license to the medical cannabis pharmacy for the remainder of the
1892		-	932
1893		-	term of the medical cannabis pharmacy's license before the ownership change
1894		-	933
1895		-	if the medical cannabis pharmacy meets the minimum standards for licensure
1896		-	934
1897		-	and operation of the medical cannabis pharmacy described in this chapter; and
1898		-	935
1899		-	(iii) if the department approves the license application, notwithstanding Subsection
1900		-	936
1901		-	(3), the medical cannabis pharmacy shall pay a license fee that the department sets
1902		-	937
1903		-	in accordance with Section 63J-1-504 in an amount that covers the department's
1904		-	938
1905		-	cost of conducting the application review.
1906		-	939
1907		-	Section 14. Section 4-41a-1003 is amended to read:
1908		-	940
1909		-	4-41a-1003 . Renewal -- Notice of available license.
1910		-	941
1911		-	(1)(a) The department shall renew a license [under Sections 4-41a-1001 through
1912		-	942
1913		-	4-41a-1005] issued under this part every year if, at the time of renewal:
1914		-	943
1915		-	[(a)] (i) the licensee meets the requirements of Section 4-41a-1001;
1916		-	944
1917		-	[(b)] (ii) the licensee pays the department a license renewal fee in an amount that,
1918		-	945
1919		-	subject to Subsection 4-41a-1004(5), the department sets in accordance with
1920		-	- 28 - Enrolled Copy H.B. 54
1921		-	946
1922		-	Section 63J-1-504; and
1923		-	947
1924		-	[(c)] (iii) if the medical cannabis pharmacy changes the operating plan described in
1925		-	948
1926		-	Section 4-41a-1004 that the department approved under Subsection
1927		-	949
1928		-	4-41a-1001(2)(b)(iv), the department approves the new operating plan.
1929		-	950
1930		-	(b) A license fee for a medical cannabis pharmacy located in a county of the third,
1931		-	951
1932		-	fourth, fifth, or sixth class shall be 50% less than what is charged for other medical
1933		-	952
1934		-	cannabis pharmacies.
1935		-	953
1936		-	(2)(a) If a licensed medical cannabis pharmacy abandons the medical cannabis
1937		-	954
1938		-	pharmacy's license, the department shall publish notice of an available license[ ], for
1939		-	955
1940		-	the geographic area in which the medical cannabis pharmacy license is available, as a
1941		-	956
1942		-	class A notice under Section 63G-30-102, for at least seven days.
1943		-	957
1944		-	(b) The department may establish criteria, in collaboration with the Division of
1945		-	958
1946		-	Professional Licensing and the Board of Pharmacy and in accordance with Title 63G,
1947		-	959
1948		-	Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis
1949		-	960
1950		-	pharmacy actions that constitute abandonment of a medical cannabis pharmacy
1951		-	961
1952		-	license.
1953		-	962
1954		-	(3) If the department has not completed the necessary processes to make a determination on
1955		-	963
1956		-	a license renewal under Subsections (1)(a) and (c) before the expiration of a license, the
1957		-	964
1958		-	department may issue a conditional medical cannabis pharmacy license to a licensed
1959		-	965
1960		-	medical cannabis pharmacy that has applied for license renewal under this section and
1961		-	966
1962		-	paid the fee described in Subsection (1)(b).
1963		-	967
1964		-	Section 15. Section 4-41a-1005 is amended to read:
1965		-	968
1966		-	4-41a-1005 . Maximum number of licenses.
1967		-	969
1968		-	(1)[(a) Except as provided in Subsection (1)(b) or (d), if a sufficient number of
1969		-	970
1970		-	applicants apply, the department] The licensing board shall issue up to [15] 17 medical
1971		-	971
1972		-	cannabis pharmacy licenses in accordance with this section including the two medical
1973		-	972
1974		-	cannabis pharmacy licenses in accordance with Section 4-41a-1006.
1975		-	973
1976		-	[(b) If an insufficient number of qualified applicants apply for the available number of
1977		-	974
1978		-	medical cannabis pharmacy licenses, the department shall issue a medical cannabis
1979		-	975
1980		-	pharmacy license to each qualified applicant.]
1981		-	976
1982		-	[(c) The department may issue the licenses described in Subsection (1)(a) in accordance
1983		-	977
1984		-	with this Subsection (1)(c).]
1985		-	978
1986		-	[(i) Using one procurement process, the department may issue eight licenses to an
1987		-	979
1988		-	initial group of medical cannabis pharmacies and six licenses to a second group of
1989		-	- 29 - H.B. 54 Enrolled Copy
1990		-	980
1991		-	medical cannabis pharmacies.]
1992		-	981
1993		-	[(ii) The department shall:]
1994		-	982
1995		-	[(A) divide the state into no less than four geographic regions, set by the
1996		-	983
1997		-	department in rule;]
1998		-	984
1999		-	[(B) issue at least one license in each geographic region during each phase of
2000		-	985
2001		-	issuing licenses; and]
2002		-	986
2003		-	[(C) complete the process of issuing medical cannabis pharmacy licenses no later
2004		-	987
2005		-	than July 1, 2020.]
2006		-	988
2007		-	[(iii) In issuing a 15th license under Subsection (1), the department shall ensure that
2008		-	989
2009		-	the license recipient will locate the medical cannabis pharmacy within Dagget,
2010		-	990
2011		-	Duchesne, Uintah, Carbon, Sevier, Emery, Grand, or San Juan County.]
2012		-	991
2013		-	[(d)(i) The department may issue licenses to operate a medical cannabis pharmacy in
2014		-	992
2015		-	addition to the licenses described in Subsection (1)(a) if the department
2016		-	993
2017		-	determines, in consultation with the Department of Health and Human Services
2018		-	994
2019		-	and after an annual or more frequent analysis of the current and anticipated market
2020		-	995
2021		-	for medical cannabis, that each additional license is necessary to provide an
2022		-	996
2023		-	adequate supply, quality, or variety of medical cannabis to medical cannabis
2024		-	997
2025		-	cardholders.]
2026		-	998
2027		-	[(ii) The department shall:]
2028		-	999
2029		-	[(A) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2030		-	1000
2031		-	Act, make rules to establish criteria and processes for the consultation,
2032		-	1001
2033		-	analysis, and application for a license described in Subsection (1)(d)(i); and]
2034		-	1002
2035		-	[(B) report to the Executive Appropriations Committee of the Legislature before
2036		-	1003
2037		-	each time the department issues an additional license under Subsection
2038		-	1004
2039		-	(1)(d)(i) regarding the results of the consultation and analysis described in
2040		-	1005
2041		-	Subsection (1)(d)(i) and the application of the criteria described in Subsection
2042		-	1006
2043		-	(1)(d)(ii)(A).]
2044		-	1007
2045		-	(2)(a) [If there are more qualified applicants than there are available licenses for medical
2046		-	1008
2047		-	cannabis pharmacies, the department] The licensing board shall:
2048		-	1009
2049		-	(i) evaluate each applicant and award the license to the applicant that best
2050		-	1010
2051		-	demonstrates:
2052		-	1011
2053		-	(A) experience with establishing and successfully operating a business that
2054		-	1012
2055		-	involves complying with a regulatory environment, tracking inventory, and
2056		-	1013
2057		-	training, evaluating, and monitoring employees;
2058		-	- 30 - Enrolled Copy H.B. 54
2059		-	1014
2060		-	(B) an operating plan that will best ensure the safety and security of patrons and
2061		-	1015
2062		-	the community;
2063		-	1016
2064		-	(C) positive connections to the local community;
2065		-	1017
2066		-	(D) the suitability of the proposed location and the location's accessibility for
2067		-	1018
2068		-	qualifying patients;
2069		-	1019
2070		-	(E) the extent to which the applicant can increase efficiency and reduce the cost of
2071		-	1020
2072		-	medical cannabis for patients; and
2073		-	1021
2074		-	(F) a strategic plan described in Subsection 4-41a-1004(7) that has a
2075		-	1022
2076		-	comparatively high likelihood of success; and
2077		-	1023
2078		-	(ii) ensure a geographic dispersal among licensees that is sufficient to reasonably
2079		-	1024
2080		-	maximize access to the largest number of medical cannabis cardholders.
2081		-	1025
2082		-	(b) In making the evaluation described in Subsection (2)(a), the licensing board may
2083		-	1026
2084		-	give increased consideration to applicants who indicate a willingness to:
2085		-	1027
2086		-	(i) site a medical cannabis pharmacy in an area or population center designated as a
2087		-	1028
2088		-	medically underserved area or population as determined by the federal Health
2089		-	1029
2090		-	Resources and Services Administration; and
2091		-	1030
2092		-	(ii) operate as a home delivery medical cannabis pharmacy that accepts electronic
2093		-	1031
2094		-	medical cannabis orders.
2095		-	1032
2096		-	[(b) In making the evaluation described in Subsection (2)(a), the department may give
2097		-	1033
2098		-	increased consideration to applicants who indicate a willingness to:]
2099		-	1034
2100		-	[(i) operate as a home delivery medical cannabis pharmacy that accepts electronic
2101		-	1035
2102		-	medical cannabis orders that the state central patient portal facilitates; and]
2103		-	1036
2104		-	[(ii) accept payments through:]
2105		-	1037
2106		-	[(A) a payment provider that the Division of Finance approves, in consultation
2107		-	1038
2108		-	with the state treasurer, in accordance with Section 4-41a-108; or]
2109		-	1039
2110		-	[(B) a financial institution in accordance with Subsection 4-41a-108(4).]
2111		-	1040
2112		-	(3) The [department] licensing board may conduct a face-to-face interview with an applicant
2113		-	1041
2114		-	for a license that the [department] licensing board evaluates under Subsection (2).
2115		-	1042
2116		-	Section 16. Section 4-41a-1006 is enacted to read:
2117		-	1043
2118		-	4-41a-1006 . Independent medical cannabis licenses.
2119		-	1044
2120		-	(1)(a) Subject to the requirements of Subsection (3) and the criteria established for
2121		-	1045
2122		-	obtaining a medical cannabis pharmacy license under this chapter, the licensing
2123		-	1046
2124		-	board shall:
2125		-	1047
2126		-	(i) before January 1, 2026, select one entity to receive a medical cannabis pharmacy
2127		-	- 31 - H.B. 54 Enrolled Copy
2128		-	1048
2129		-	license; and
2130		-	1049
2131		-	(ii) before January 1, 2027, but not before January 1, 2026, select one entity to
2132		-	1050
2133		-	receive a medical cannabis pharmacy license.
2134		-	1051
2135		-	(b) When selecting entities under this section, if there is a conflict between the criteria
2136		-	1052
2137		-	established for obtaining a medical cannabis pharmacy license under the other
2138		-	1053
2139		-	sections of this chapter and this section, this section controls.
2140		-	1054
2141		-	(2) For the license described in Subsection (1)(a)(ii), the licensing board may not select an
2142		-	1055
2143		-	entity:
2144		-	1056
2145		-	(a) that owns any interest in or operates a medical cannabis production establishment; or
2146		-	1057
2147		-	(b) that is owned, partially or entirely, or operated by a medical cannabis production
2148		-	1058
2149		-	establishment.
2150		-	1059
2151		-	(3) The licensing board:
2152		-	1060
2153		-	(a) may not select an entity to receive a license under this section if the entity owns a
2154		-	1061
2155		-	financial interest in a medical cannabis pharmacy or is owned by an entity that owns
2156		-	1062
2157		-	a financial interest in a medical cannabis pharmacy; and
2158		-	1063
2159		-	(b) shall select an entity that will site a medical cannabis pharmacy license issued under
2160		-	1064
2161		-	this section in an area:
2162		-	1065
2163		-	(i) designated as a medically underserved area as determined by the federal Health
2164		-	1066
2165		-	Resources and Services Administration; and
2166		-	1067
2167		-	(ii) located in a county of the third, fourth, fifth, or sixth class.
2168		-	1068
2169		-	(4) A license described in this section may not be transferred to another entity unless that
2170		-	1069
2171		-	entity meets the requirements of Subsections (2) and (3) that the transferring entity met
2172		-	1070
2173		-	when obtaining the license.
2174		-	1071
2175		-	(5) Notwithstanding Subsection (4), for a license described in Subsection (1)(a)(i), an
2176		-	1072
2177		-	applicant shall commit to not alienating or otherwise transferring control of the license
2178		-	1073
2179		-	or of the entity that holds the license to another person for at least 15 years from the day
2180		-	1074
2181		-	the license is issued under this chapter.
2182		-	1075
2183		-	(6) The department shall provide regular updates to the Medical Cannabis Governance
2184		-	1076
2185		-	Structure Working Group created in Section 36-12-8.2 regarding the application and
2186		-	1077
2187		-	selection process for licenses issued under this section.
2188		-	1078
2189		-	Section 17. Section 4-41a-1101 is amended to read:
2190		-	1079
2191		-	4-41a-1101 . Operating requirements -- General.
2192		-	1080
2193		-	(1)(a) A medical cannabis pharmacy shall operate:
2194		-	1081
2195		-	(i) at the physical address provided to the department under Section 4-41a-1001; and
2196		-	- 32 - Enrolled Copy H.B. 54
2197		-	1082
2198		-	(ii) in accordance with the operating plan provided to the department under Section
2199		-	1083
2200		-	4-41a-1001 and, if applicable, Section 4-41a-1004.
2201		-	1084
2202		-	(b) A medical cannabis pharmacy shall notify the department before a change in the
2203		-	1085
2204		-	medical cannabis pharmacy's physical address or operating plan.
2205		-	1086
2206		-	(2) An individual may not enter a medical cannabis pharmacy unless the individual:
2207		-	1087
2208		-	(a) is at least 18 years old or is an emancipated minor under Section 80-7-105; and
2209		-	1088
2210		-	(b) except as provided in Subsection (4):
2211		-	1089
2212		-	(i) possesses a valid:
2213		-	1090
2214		-	(A) medical cannabis pharmacy agent registration card;
2215		-	1091
2216		-	(B) pharmacy medical provider registration card; or
2217		-	1092
2218		-	(C) medical cannabis card;
2219		-	1093
2220		-	(ii) is an employee of the department performing an inspection under Section
2221		-	1094
2222		-	4-41a-1103; or
2223		-	1095
2224		-	(iii) is another individual as the department provides.
2225		-	1096
2226		-	(3) A medical cannabis pharmacy may not employ an individual who is younger than 21
2227		-	1097
2228		-	years old.
2229		-	1098
2230		-	(4) Notwithstanding Subsection (2)(a), a medical cannabis pharmacy may authorize an
2231		-	1099
2232		-	individual who is not a medical cannabis pharmacy agent or pharmacy medical provider
2233		-	1100
2234		-	to access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and
2235		-	1101
2236		-	monitors the individual at all times while the individual is at the medical cannabis
2237		-	1102
2238		-	pharmacy and maintains a record of the individual's access.
2239		-	1103
2240		-	(5) A medical cannabis pharmacy shall operate in a facility that has:
2241		-	1104
2242		-	(a) a single, secure public entrance;
2243		-	1105
2244		-	(b) a security system with a backup power source that:
2245		-	1106
2246		-	(i) detects and records entry into the medical cannabis pharmacy; and
2247		-	1107
2248		-	(ii) provides notice of an unauthorized entry to law enforcement when the medical
2249		-	1108
2250		-	cannabis pharmacy is closed; and
2251		-	1109
2252		-	(c) a lock on each area where the medical cannabis pharmacy stores [cannabis or a
2253		-	1110
2254		-	cannabis product] medical cannabis.
2255		-	1111
2256		-	(6) A medical cannabis pharmacy shall post, both clearly and conspicuously in the medical
2257		-	1112
2258		-	cannabis pharmacy, the limit on the purchase of cannabis described in Subsection
2259		-	1113
2260		-	4-41a-1102(2).
2261		-	1114
2262		-	(7) Except for an emergency situation described in Subsection 26B-4-213(3)(c), a medical
2263		-	1115
2264		-	cannabis pharmacy may not allow any individual to consume cannabis on the property
2265		-	- 33 - H.B. 54 Enrolled Copy
2266		-	1116
2267		-	or premises of the medical cannabis pharmacy.
2268		-	1117
2269		-	(8) A medical cannabis pharmacy may not sell [cannabis or a cannabis product] medical
2270		-	1118
2271		-	cannabis without first indicating on the [cannabis or cannabis product] medical cannabis
2272		-	1119
2273		-	label the name of the medical cannabis pharmacy.
2274		-	1120
2275		-	(9)(a) Each medical cannabis pharmacy shall retain in the pharmacy's records the
2276		-	1121
2277		-	following information regarding each recommendation underlying a transaction:
2278		-	1122
2279		-	(i) the recommending medical provider's name, address, and telephone number;
2280		-	1123
2281		-	(ii) the patient's name and address;
2282		-	1124
2283		-	(iii) the date of issuance;
2284		-	1125
2285		-	(iv) directions of use and dosing guidelines or an indication that the recommending
2286		-	1126
2287		-	medical provider did not recommend specific directions of use or dosing
2288		-	1127
2289		-	guidelines; and
2290		-	1128
2291		-	(v) if the patient did not complete the transaction, the name of the medical cannabis
2292		-	1129
2293		-	cardholder who completed the transaction.
2294		-	1130
2295		-	(b)(i) Except as provided in Subsection (9)(b)(iii), a medical cannabis pharmacy may
2296		-	1131
2297		-	not sell medical cannabis unless the medical cannabis has a label securely affixed
2298		-	1132
2299		-	to the container indicating the following minimum information:
2300		-	1133
2301		-	(A) the name, address, and telephone number of the medical cannabis pharmacy;
2302		-	1134
2303		-	(B) the unique identification number that the medical cannabis pharmacy assigns;
2304		-	1135
2305		-	(C) the date of the sale;
2306		-	1136
2307		-	(D) the name of the patient;
2308		-	1137
2309		-	(E) the name of the recommending medical provider who recommended the
2310		-	1138
2311		-	medical cannabis treatment;
2312		-	1139
2313		-	(F) directions for use and cautionary statements, if any;
2314		-	1140
2315		-	(G) the amount dispensed and the cannabinoid content;
2316		-	1141
2317		-	(H) the suggested use date;
2318		-	1142
2319		-	(I) for unprocessed cannabis flower, the legal use termination date; and
2320		-	1143
2321		-	(J) any other requirements that the department determines, in consultation with the
2322		-	1144
2323		-	Division of Professional Licensing and the Board of Pharmacy.
2324		-	1145
2325		-	(ii) A medical cannabis pharmacy is exempt from the requirement to provide the
2326		-	1146
2327		-	following information under Subsection (9)(b)(i) if the information is already
2328		-	1147
2329		-	provided on the product label that a cannabis production establishment affixes:
2330		-	1148
2331		-	(A) a unique identification number;
2332		-	1149
2333		-	(B) directions for use and cautionary statements;
2334		-	- 34 - Enrolled Copy H.B. 54
2335		-	1150
2336		-	(C) amount and cannabinoid content; and
2337		-	1151
2338		-	(D) a suggested use date.
2339		-	1152
2340		-	(iii) If the size of a medical cannabis container does not allow sufficient space to
2341		-	1153
2342		-	include the labeling requirements described in Subsection (9)(b)(i), the medical
2343		-	1154
2344		-	cannabis pharmacy may provide the following information described in
2345		-	1155
2346		-	Subsection (9)(b)(i) on a supplemental label attached to the container or an
2347		-	1156
2348		-	informational enclosure that accompanies the container:
2349		-	1157
2350		-	(A) the cannabinoid content;
2351		-	1158
2352		-	(B) the suggested use date; and
2353		-	1159
2354		-	(C) any other requirements that the department determines.
2355		-	1160
2356		-	(iv) A medical cannabis pharmacy may sell medical cannabis to another medical
2357		-	1161
2358		-	cannabis pharmacy without a label described in Subsection (9)(b)(i).
2359		-	1162
2360		-	(10) A pharmacy medical provider or medical cannabis pharmacy agent shall:
2361		-	1163
2362		-	(a) upon receipt of an order from a limited medical provider in accordance with
2363		-	1164
2364		-	Subsections 26B-4-204(1)(b) through (d):
2365		-	1165
2366		-	(i) for a written order or an electronic order under circumstances that the department
2367		-	1166
2368		-	determines, contact the limited medical provider or the limited medical provider's
2369		-	1167
2370		-	office to verify the validity of the recommendation; and
2371		-	1168
2372		-	(ii) for an order that the pharmacy medical provider or medical cannabis pharmacy
2373		-	1169
2374		-	agent verifies under Subsection (10)(a)(i) or an electronic order that is not subject
2375		-	1170
2376		-	to verification under Subsection (10)(a)(i), enter the limited medical provider's
2377		-	1171
2378		-	recommendation or renewal, including any associated directions of use, dosing
2379		-	1172
2380		-	guidelines, or caregiver indication, in the state electronic verification system;
2381		-	1173
2382		-	(b) in processing an order for a holder of a conditional medical cannabis card described
2383		-	1174
2384		-	in Subsection 26B-4-213(1)(b) that appears irregular or suspicious in the judgment of
2385		-	1175
2386		-	the pharmacy medical provider or medical cannabis pharmacy agent, contact the
2387		-	1176
2388		-	recommending medical provider or the recommending medical provider's office to
2389		-	1177
2390		-	verify the validity of the recommendation before processing the cardholder's order;
2391		-	1178
2392		-	(c) unless the medical cannabis cardholder has had a consultation under Subsection
2393		-	1179
2394		-	26B-4-231(5), verbally offer to a medical cannabis cardholder at the time of a
2395		-	1180
2396		-	purchase of [cannabis, a cannabis product,] medical cannabis or a medical cannabis
2397		-	1181
2398		-	device, personal counseling with the pharmacy medical provider; and
2399		-	1182
2400		-	(d) provide a telephone number or website by which the cardholder may contact a
2401		-	1183
2402		-	pharmacy medical provider for counseling.
2403		-	- 35 - H.B. 54 Enrolled Copy
2404		-	1184
2405		-	(11)(a) A medical cannabis pharmacy may create a medical cannabis disposal program
2406		-	1185
2407		-	that allows an individual to deposit unused or excess medical cannabis or cannabis
2408		-	1186
2409		-	residue from a medical cannabis device in a locked box or other secure receptacle
2410		-	1187
2411		-	within the medical cannabis pharmacy.
2412		-	1188
2413		-	(b) A medical cannabis pharmacy with a disposal program described in Subsection
2414		-	1189
2415		-	(11)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy
2416		-	1190
2417		-	medical provider can access deposited medical cannabis.
2418		-	1191
2419		-	(c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis by:
2420		-	1192
2421		-	(i) rendering the deposited medical cannabis unusable and unrecognizable before
2422		-	1193
2423		-	transporting deposited medical cannabis from the medical cannabis pharmacy; and
2424		-	1194
2425		-	(ii) disposing of the deposited medical cannabis in accordance with:
2426		-	1195
2427		-	(A) federal and state law, rules, and regulations related to hazardous waste;
2428		-	1196
2429		-	(B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
2430		-	1197
2431		-	(C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
2432		-	1198
2433		-	(D) other regulations that the department makes in accordance with Title 63G,
2434		-	1199
2435		-	Chapter 3, Utah Administrative Rulemaking Act.
2436		-	1200
2437		-	(12) A medical cannabis pharmacy:
2438		-	1201
2439		-	(a) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
2440		-	1202
2441		-	Practice Act, as a pharmacy medical provider;
2442		-	1203
2443		-	(b) may employ a physician who has the authority to write a prescription and is licensed
2444		-	1204
2445		-	under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
2446		-	1205
2447		-	Osteopathic Medical Practice Act, as a pharmacy medical provider;
2448		-	1206
2449		-	(c) shall ensure that a pharmacy medical provider described in Subsection (12)(a) works
2450		-	1207
2451		-	onsite during all business hours;
2452		-	1208
2453		-	(d) shall designate one pharmacy medical provider described in Subsection (12)(a) as the
2454		-	1209
2455		-	pharmacist-in-charge to oversee the operation of and generally supervise the medical
2456		-	1210
2457		-	cannabis pharmacy;[ and]
2458		-	1211
2459		-	(e) shall allow the pharmacist-in-charge to determine which [cannabis and cannabis
2460		-	1212
2461		-	products] medical cannabis products the medical cannabis pharmacy maintains in the
2462		-	1213
2463		-	medical cannabis pharmacy's inventory[.] ; and
2464		-	1214
2465		-	(f) for each medical cannabis product sold by the medical cannabis pharmacy, shall:
2466		-	1215
2467		-	(i) allow a medical cannabis cardholder located in the pharmacy to view the back
2468		-	1216
2469		-	panel of the product when requested; and
2470		-	1217
2471		-	(ii) beginning July 1, 2025, include a picture of the back panel of the product on the
2472		-	- 36 - Enrolled Copy H.B. 54
2473		-	1218
2474		-	medical cannabis pharmacy's website.
2475		-	1219
2476		-	(13) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah
2477		-	1220
2478		-	Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
2479		-	1221
2480		-	by a medical cannabis pharmacy.
2481		-	1222
2482		-	Section 18. Section 4-41a-1201 is amended to read:
2483		-	1223
2484		-	4-41a-1201 . Medical cannabis home delivery designation.
2485		-	1224
2486		-	(1) The department may designate a medical cannabis pharmacy as a home delivery
2487		-	1225
2488		-	medical cannabis pharmacy if the department determines that the medical cannabis
2489		-	1226
2490		-	pharmacy's operating plan demonstrates the functional and technical ability to:
2491		-	1227
2492		-	(a) safely conduct transactions for medical cannabis shipments;
2493		-	1228
2494		-	(b) accept electronic medical cannabis orders[ that the state central patient portal
2495		-	1229
2496		-	facilitates]; and
2497		-	1230
2498		-	(c) accept payments through:
2499		-	1231
2500		-	(i) a payment provider that the Division of Finance approves, in consultation with the
2501		-	1232
2502		-	state treasurer, in accordance with Section 26-61a-603; or
2503		-	1233
2504		-	(ii) a financial institution in accordance with Subsection 26-61a-603(4).
2505		-	1234
2506		-	(2) An applicant seeking a designation as a home delivery medical cannabis pharmacy shall
2507		-	1235
2508		-	identify in the applicant's operating plan any information relevant to the department's
2509		-	1236
2510		-	evaluation described in Subsection (1), including:
2511		-	1237
2512		-	(a) the name and contact information of the payment provider;
2513		-	1238
2514		-	(b) the nature of the relationship between the prospective licensee and the payment
2515		-	1239
2516		-	provider;
2517		-	1240
2518		-	(c) the processes of the following to safely and reliably conduct transactions for medical
2519		-	1241
2520		-	cannabis shipments:
2521		-	1242
2522		-	(i) the prospective licensee; and
2523		-	1243
2524		-	(ii) the electronic payment provider or the financial institution described in
2525		-	1244
2526		-	Subsection (1)(c); and
2527		-	1245
2528		-	(d) the ability of the licensee to comply with the department's rules regarding the secure
2529		-	1246
2530		-	transportation and delivery of medical cannabis [or medical cannabis product ]to a
2531		-	1247
2532		-	medical cannabis cardholder.
2533		-	1248
2534		-	(3) Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that
2535		-	1249
2536		-	the department designates as a home delivery medical cannabis pharmacy may deliver
2537		-	1250
2538		-	medical cannabis shipments in accordance with this part.
2539		-	1251
2540		-	Section 19. Section 4-41a-1202 is amended to read:
2541		-	- 37 - H.B. 54 Enrolled Copy
2542		-	1252
2543		-	4-41a-1202 . Home delivery of medical cannabis shipments -- Medical cannabis
2544		-	1253
2545		-	couriers -- License.
2546		-	1254
2547		-	(1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
2548		-	1255
2549		-	Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home
2550		-	1256
2551		-	delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders[
2552		-	1257
2553		-	that the state central patient portal facilitates], including rules regarding the safe and
2554		-	1258
2555		-	controlled delivery of medical cannabis shipments.
2556		-	1259
2557		-	(2) A person may not operate as a medical cannabis courier without a license that the
2558		-	1260
2559		-	department issues under this section.
2560		-	1261
2561		-	(3)(a) Subject to Subsections (5) and (6), the department shall issue a license to operate
2562		-	1262
2563		-	as a medical cannabis courier to an applicant who is eligible for a license under this
2564		-	1263
2565		-	section.
2566		-	1264
2567		-	(b) An applicant is eligible for a license under this section if the applicant submits to the
2568		-	1265
2569		-	department:
2570		-	1266
2571		-	(i) the name and address of an individual who:
2572		-	1267
2573		-	(A) has a financial or voting interest of 10% or greater in the proposed medical
2574		-	1268
2575		-	cannabis courier; or
2576		-	1269
2577		-	(B) has the power to direct or cause the management or control of a proposed
2578		-	1270
2579		-	cannabis production establishment;
2580		-	1271
2581		-	(ii) an operating plan that includes operating procedures to comply with the operating
2582		-	1272
2583		-	requirements for a medical cannabis courier described in this chapter; and
2584		-	1273
2585		-	(iii) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
2586		-	1274
2587		-	department sets in accordance with Section 63J-1-504.
2588		-	1275
2589		-	(4) If the department determines that an applicant is eligible for a license under this section,
2590		-	1276
2591		-	the department shall:
2592		-	1277
2593		-	(a) charge the applicant an initial license fee in an amount that, subject to Subsection
2594		-	1278
2595		-	4-41a-104(5), the department sets in accordance with Section 63J-1-504; and
2596		-	1279
2597		-	(b) notify the Department of Public Safety of the license approval and the names of each
2598		-	1280
2599		-	individual described in Subsection (3)(b)(i).
2600		-	1281
2601		-	(5) The department may not issue a license to operate as a medical cannabis courier to an
2602		-	1282
2603		-	applicant if an individual described in Subsection (3)(b)(i):
2604		-	1283
2605		-	(a) has been convicted under state or federal law of:
2606		-	1284
2607		-	(i) a felony in the preceding 10 years; or
2608		-	1285
2609		-	(ii) after September 23, 2019, a misdemeanor for drug distribution; or
2610		-	- 38 - Enrolled Copy H.B. 54
2611		-	1286
2612		-	(b) is younger than 21 years old.
2613		-	1287
2614		-	(6) The department may revoke a license under this part if:
2615		-	1288
2616		-	(a) the medical cannabis courier does not begin operations within one year after the day
2617		-	1289
2618		-	on which the department issues the initial license;
2619		-	1290
2620		-	(b) the medical cannabis courier makes the same violation of this chapter three times;
2621		-	1291
2622		-	(c) an individual described in Subsection (3)(b)(i) is convicted, while the license is
2623		-	1292
2624		-	active, under state or federal law of:
2625		-	1293
2626		-	(i) a felony; or
2627		-	1294
2628		-	(ii) after September 23, 2019, a misdemeanor for drug distribution; or
2629		-	1295
2630		-	(d) after a change of ownership described in Subsection (14)(c), the department
2631		-	1296
2632		-	determines that the medical cannabis courier no longer meets the minimum standards
2633		-	1297
2634		-	for licensure and operation of the medical cannabis courier described in this chapter.
2635		-	1298
2636		-	(7) The department shall deposit the proceeds of a fee imposed by this section in the
2637		-	1299
2638		-	Qualified Production Enterprise Fund.
2639		-	1300
2640		-	(8) The department's authority to issue a license under this section is plenary and is not
2641		-	1301
2642		-	subject to review.
2643		-	1302
2644		-	(9) Each applicant for a license as a medical cannabis courier shall submit, at the time of
2645		-	1303
2646		-	application, from each individual who has a financial or voting interest of 10% or
2647		-	1304
2648		-	greater in the applicant or who has the power to direct or cause the management or
2649		-	1305
2650		-	control of the applicant:
2651		-	1306
2652		-	(a) a fingerprint card in a form acceptable to the Department of Public Safety;
2653		-	1307
2654		-	(b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
2655		-	1308
2656		-	registration of the individual's fingerprints in the Federal Bureau of Investigation
2657		-	1309
2658		-	Next Generation Identification System's Rap Back Service; and
2659		-	1310
2660		-	(c) consent to a fingerprint background check by:
2661		-	1311
2662		-	(i) the Bureau of Criminal Identification; and
2663		-	1312
2664		-	(ii) the Federal Bureau of Investigation.
2665		-	1313
2666		-	(10) The Bureau of Criminal Identification shall:
2667		-	1314
2668		-	(a) check the fingerprints the applicant submits under Subsection (9) against the
2669		-	1315
2670		-	applicable state, regional, and national criminal records databases, including the
2671		-	1316
2672		-	Federal Bureau of Investigation Next Generation Identification System;
2673		-	1317
2674		-	(b) report the results of the background check to the department;
2675		-	1318
2676		-	(c) maintain a separate file of fingerprints that applicants submit under Subsection (9)
2677		-	1319
2678		-	for search by future submissions to the local and regional criminal records databases,
2679		-	- 39 - H.B. 54 Enrolled Copy
2680		-	1320
2681		-	including latent prints;
2682		-	1321
2683		-	(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
2684		-	1322
2685		-	Generation Identification System's Rap Back Service for search by future
2686		-	1323
2687		-	submissions to national criminal records databases, including the Next Generation
2688		-	1324
2689		-	Identification System and latent prints; and
2690		-	1325
2691		-	(e) establish a privacy risk mitigation strategy to ensure that the department only
2692		-	1326
2693		-	receives notifications for an individual with whom the department maintains an
2694		-	1327
2695		-	authorizing relationship.
2696		-	1328
2697		-	(11) The department shall:
2698		-	1329
2699		-	(a) assess an individual who submits fingerprints under Subsection (9) a fee in an
2700		-	1330
2701		-	amount that the department sets in accordance with Section 63J-1-504 for the
2702		-	1331
2703		-	services that the Bureau of Criminal Identification or another authorized agency
2704		-	1332
2705		-	provides under this section; and
2706		-	1333
2707		-	(b) remit the fee described in Subsection (11)(a) to the Bureau of Criminal Identification.
2708		-	1334
2709		-	(12) The department shall renew a license under this section every year if, at the time of
2710		-	1335
2711		-	renewal:
2712		-	1336
2713		-	(a) the licensee meets the requirements of this section; and
2714		-	1337
2715		-	(b) the licensee pays the department a license renewal fee in an amount that, subject to
2716		-	1338
2717		-	Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504.
2718		-	1339
2719		-	(13) A person applying for a medical cannabis courier license shall submit to the
2720		-	1340
2721		-	department a proposed operating plan that complies with this section and that includes:
2722		-	1341
2723		-	(a) a description of the physical characteristics of any proposed facilities, including a
2724		-	1342
2725		-	floor plan and an architectural elevation, and delivery vehicles;
2726		-	1343
2727		-	(b) a description of the credentials and experience of each officer, director, or owner of
2728		-	1344
2729		-	the proposed medical cannabis courier;
2730		-	1345
2731		-	(c) the medical cannabis courier's employee training standards;
2732		-	1346
2733		-	(d) a security plan; and
2734		-	1347
2735		-	(e) storage and delivery protocols, both short and long term, to ensure that medical
2736		-	1348
2737		-	cannabis shipments are stored and delivered in a manner that is sanitary and
2738		-	1349
2739		-	preserves the integrity of the cannabis.
2740		-	1350
2741		-	(14)(a) A medical cannabis courier license is not transferable or assignable.
2742		-	1351
2743		-	(b) A medical cannabis courier shall report in writing to the department no later than 10
2744		-	1352
2745		-	business days before the date of any change of ownership of the medical cannabis
2746		-	1353
2747		-	courier.
2748		-	- 40 - Enrolled Copy H.B. 54
2749		-	1354
2750		-	(c) If the ownership of a medical cannabis courier changes by 50% or more:
2751		-	1355
2752		-	(i) concurrent with the report described in Subsection (14)(b), the medical cannabis
2753		-	1356
2754		-	courier shall submit a new application described in Subsection (3)(b);
2755		-	1357
2756		-	(ii) within 30 days of the submission of the application, the department shall:
2757		-	1358
2758		-	(A) conduct an application review; and
2759		-	1359
2760		-	(B) award a license to the medical cannabis courier for the remainder of the term
2761		-	1360
2762		-	of the medical cannabis courier's license before the ownership change if the
2763		-	1361
2764		-	medical cannabis courier meets the minimum standards for licensure and
2765		-	1362
2766		-	operation of the medical cannabis courier described in this chapter; and
2767		-	1363
2768		-	(iii) if the department approves the license application, notwithstanding Subsection
2769		-	1364
2770		-	(4), the medical cannabis courier shall pay a license fee that the department sets in
2771		-	1365
2772		-	accordance with Section 63J-1-504 in an amount that covers the board's cost of
2773		-	1366
2774		-	conducting the application review.
2775		-	1367
2776		-	(15)(a) Except as provided in Subsection(15)(b), a person may not advertise regarding
2777		-	1368
2778		-	the transportation of medical cannabis.
2779		-	1369
2780		-	(b) Notwithstanding Subsection (14)(a) and subject to Section 4-41a-109, a licensed
2781		-	1370
2782		-	home delivery medical cannabis pharmacy or a licensed medical cannabis courier
2783		-	1371
2784		-	may advertise:
2785		-	1372
2786		-	(i) a green cross;
2787		-	1373
2788		-	(ii) the pharmacy's or courier's name and logo; and
2789		-	1374
2790		-	(iii) that the pharmacy or courier is licensed to transport medical cannabis shipments.
2791		-	1375
2792		-	Section 20. Section 4-41a-1203 is amended to read:
2793		-	1376
2794		-	4-41a-1203 . Medical cannabis shipment transportation.
2795		-	1377
2796		-	(1) The department shall ensure that each home delivery medical cannabis pharmacy is
2797		-	1378
2798		-	capable of delivering, directly or through a medical cannabis courier, medical cannabis
2799		-	1379
2800		-	shipments in a secure manner.
2801		-	1380
2802		-	(2)(a) A home delivery medical cannabis pharmacy may contract with a licensed
2803		-	1381
2804		-	medical cannabis courier to deliver medical cannabis shipments to fulfill electronic
2805		-	1382
2806		-	medical cannabis orders[ that the state central patient portal facilitates].
2807		-	1383
2808		-	(b) If a home delivery medical cannabis pharmacy enters into a contract described in
2809		-	1384
2810		-	Subsection (2)(a), the pharmacy shall:
2811		-	1385
2812		-	(i) impose security and personnel requirements on the medical cannabis courier
2813		-	1386
2814		-	sufficient to ensure the security and safety of medical cannabis shipments; and
2815		-	1387
2816		-	(ii) provide regular oversight of the medical cannabis courier.
2817		-	- 41 - H.B. 54 Enrolled Copy
2818		-	1388
2819		-	(3) Notwithstanding Subsection 4-41a-404(1), an individual may transport a medical
2820		-	1389
2821		-	cannabis shipment if the individual is:
2822		-	1390
2823		-	(a) a registered pharmacy medical provider;
2824		-	1391
2825		-	(b) a registered medical cannabis pharmacy agent; or
2826		-	1392
2827		-	(c) a registered agent of the medical cannabis courier described in Subsection (2).
2828		-	1393
2829		-	(4) An individual transporting a medical cannabis shipment under Subsection (3) shall
2830		-	1394
2831		-	comply with the requirements of Subsection 4-41a-404(3).
2832		-	1395
2833		-	(5) In addition to the requirements in Subsections (3) and (4), the department may establish
2834		-	1396
2835		-	by rule, in collaboration with the Division of Professional Licensing and the Board of
2836		-	1397
2837		-	Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
2838		-	1398
2839		-	Rulemaking Act, requirements for transporting medical cannabis shipments that are
2840		-	1399
2841		-	related to safety for human consumption of [cannabis or a cannabis product] medical
2842		-	1400
2843		-	cannabis.
2844		-	1401
2845		-	(6)(a) It is unlawful for an individual to transport a medical cannabis shipment with a
2846		-	1402
2847		-	manifest that does not meet the requirements of Subsection (4).
2848		-	1403
2849		-	(b) Except as provided in Subsection (6)(d), an individual who violates Subsection (6)(a)
2850		-	1404
2851		-	is:
2852		-	1405
2853		-	(i) guilty of an infraction; and
2854		-	1406
2855		-	(ii) subject to a $100 fine.
2856		-	1407
2857		-	(c) An individual who is guilty of a violation described in Subsection (6)(b) is not guilty
2858		-	1408
2859		-	of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
2860		-	1409
2861		-	conduct underlying the violation described in Subsection (6)(b).
2862		-	1410
2863		-	(d) If the individual described in Subsection (6)(a) is transporting more cannabis,
2864		-	1411
2865		-	cannabis product, or medical cannabis devices than the manifest identifies, except for
2866		-	1412
2867		-	a de minimis administrative error:
2868		-	1413
2869		-	(i) this chapter does not apply; and
2870		-	1414
2871		-	(ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
2872		-	1415
2873		-	Substances Act.
2874		-	1416
2875		-	Section 21. Section 4-41a-1206 is amended to read:
2876		-	1417
2877		-	4-41a-1206 . Closed-door medical cannabis pharmacy.
2878		-	1418
2879		-	(1)(a) Subject to Subsections (1)(b) and (c), a home delivery medical cannabis pharmacy
2880		-	1419
2881		-	may open a single closed-door medical cannabis pharmacy.
2882		-	1420
2883		-	(b) A home delivery medical cannabis pharmacy may not open a closed-door medical
2884		-	1421
2885		-	cannabis pharmacy unless the home delivery medical cannabis pharmacy:
2886		-	- 42 - Enrolled Copy H.B. 54
2887		-	1422
2888		-	(i) has an operating plan that includes a closed-door medical cannabis pharmacy; and
2889		-	1423
2890		-	(ii) obtains a license issued by the department for a closed-door medical cannabis
2891		-	1424
2892		-	pharmacy.
2893		-	1425
2894		-	(c) An entity that owns multiple home delivery medical cannabis pharmacies may open
2895		-	1426
2896		-	only one closed-door medical cannabis pharmacy.
2897		-	1427
2898		-	(d) The department may institute a fee in accordance with Section 63J-1-504 to
2899		-	1428
2900		-	administer this section.
2901		-	1429
2902		-	(2) A home delivery medical cannabis pharmacy that opens a closed-door medical cannabis
2903		-	1430
2904		-	pharmacy under Subsection (1) shall ensure:
2905		-	1431
2906		-	(a) that a pharmacy medical provider who is a licensed pharmacist:
2907		-	1432
2908		-	(i) is directly supervising the packaging of an order; and
2909		-	1433
2910		-	(ii) is present in the closed-door medical cannabis pharmacy when an order is
2911		-	1434
2912		-	packaged for delivery; and
2913		-	1435
2914		-	(b) all record keeping requirements, labeling requirements, and patient counseling
2915		-	1436
2916		-	requirements described in this chapter and Title 26B, Chapter 4, Part 2, Cannabinoid
2917		-	1437
2918		-	Research and Medical Cannabis, are satisfied before sending out an order.
2919		-	1438
2920		-	(3) An individual who prepares an order at a closed-door medical cannabis pharmacy under
2921		-	1439
2922		-	this section shall be registered as:
2923		-	1440
2924		-	(a) a pharmacy medical provider; or
2925		-	1441
2926		-	(b) a medical cannabis pharmacy agent.
2927		-	1442
2928		-	(4)(a) A closed-door medical cannabis pharmacy shall operate:
2929		-	1443
2930		-	(i) except as provided in Subsection (4)(b), in a facility that is accessible only by an
2931		-	1444
2932		-	individual who is a pharmacy medical provider or a medical cannabis pharmacy
2933		-	1445
2934		-	agent; and
2935		-	1446
2936		-	(ii) at a physical address in accordance with Subsection (6).
2937		-	1447
2938		-	(b) A closed-door medical cannabis pharmacy may authorize an individual who is at
2939		-	1448
2940		-	least 18 years old and is not a pharmacy medical provider or a cannabis pharmacy
2941		-	1449
2942		-	agent to access the closed-door medical cannabis pharmacy if the closed-door
2943		-	1450
2944		-	medical cannabis pharmacy:
2945		-	1451
2946		-	(i) tracks and monitors the individual at all times while the individual is at the
2947		-	1452
2948		-	closed-door medical cannabis pharmacy; and
2949		-	1453
2950		-	(ii) maintains a record of the individual's access, including arrival and departure.
2951		-	1454
2952		-	(c) A closed-door medical cannabis pharmacy shall operate in a facility that has:
2953		-	1455
2954		-	(i) a single, secure public entrance; and
2955		-	- 43 - H.B. 54 Enrolled Copy
2956		-	1456
2957		-	(ii) a security system with a backup power source that:
2958		-	1457
2959		-	(A) detects and records entry into the closed-door medical cannabis pharmacy;
2960		-	1458
2961		-	(B) provides notice of an unauthorized entry to law enforcement when the
2962		-	1459
2963		-	closed-door medical cannabis pharmacy is closed; and
2964		-	1460
2965		-	(C) a lock or equivalent restrictive security feature on any area where the
2966		-	1461
2967		-	closed-door medical cannabis pharmacy stores a cannabis product.
2968		-	1462
2969		-	(d) A closed-door medical cannabis pharmacy shall ensure that any cannabis or cannabis
2970		-	1463
2971		-	products in the closed-door medical cannabis pharmacy that are intended for home
2972		-	1464
2973		-	delivery are separated in a manner that is readily distinguishable from any other
2974		-	1465
2975		-	cannabis or cannabis product in the facility.
2976		-	1466
2977		-	(5) A closed-door medical cannabis pharmacy may only provide cannabis or a cannabis
2978		-	1467
2979		-	product to an individual through a delivery that complies with this part.
2980		-	1468
2981		-	(6)(a) A person may not locate a closed-door medical cannabis pharmacy:
2982		-	1469
2983		-	(i) within 1,000 feet of a community location; or
2984		-	1470
2985		-	(ii) in or within 600 feet of a district that the relevant municipality or county has
2986		-	1471
2987		-	zoned as primarily residential.
2988		-	1472
2989		-	(b) The proximity requirements described in Subsection (6)(a) shall be measured from
2990		-	1473
2991		-	the nearest entrance to the closed-door medical cannabis pharmacy by following the
2992		-	1474
2993		-	shortest route of ordinary pedestrian travel to the property boundary of the
2994		-	1475
2995		-	community location or residential area.
2996		-	1476
2997		-	(c) The licensing board may grant a waiver to reduce the proximity requirements in
2998		-	1477
2999		-	Subsection (6)(a) by up to 20% if the licensing board determines that it is not
3000		-	1478
3001		-	reasonably feasible for the applicant to site the proposed closed-door medical
3002		-	1479
3003		-	cannabis pharmacy without the waiver.
3004		-	1480
3005		-	(d) An applicant for a license under this section shall provide evidence of compliance
3006		-	1481
3007		-	with the proximity requirements described in Subsection (6)(a).
3008		-	1482
3009		-	(7) When determining where a closed-door medical cannabis pharmacy may open, the
3010		-	1483
3011		-	licensing board:
3012		-	1484
3013		-	(a) shall utilize geographic regions created by the department through rule;
3014		-	1485
3015		-	(b) shall prioritize allowing entities that do not have a medical cannabis pharmacy in a
3016		-	1486
3017		-	region to open a closed-door medical cannabis pharmacy in the region;
3018		-	1487
3019		-	(c) of the total amount of closed-door medical cannabis pharmacies, may allow only
3020		-	1488
3021		-	three closed-door medical cannabis pharmacies to operate in counties of the first and
3022		-	1489
3023		-	second class as described in Section 17-50-501; and
3024		-	- 44 - Enrolled Copy H.B. 54
3025		-	1490
3026		-	(d) for determining the three closed-door medical cannabis pharmacies described in
3027		-	1491
3028		-	Subsection (7)(c), consider the following:
3029		-	1492
3030		-	(i) the history of compliance with state law and rules for all licenses issued under this
3031		-	1493
3032		-	chapter;
3033		-	1494
3034		-	(ii) the medical cannabis pharmacy's willingness to offer a variety of brands and
3035		-	1495
3036		-	products;
3037		-	1496
3038		-	(iii) the ability of the operating plan to ensure the safety and security of the
3039		-	1497
3040		-	community;
3041		-	1498
3042		-	(iv) the suitability of the proposed location and the location's ability to serve the local
3043		-	1499
3044		-	community; and
3045		-	1500
3046		-	(v) any other relevant information determined through rule.
3047		-	1501
3048		-	(8) A closed-door medical cannabis pharmacy may not account for more than:
3049		-	1502
3050		-	(a) for an entity that holds a single medical cannabis pharmacy license, the greater of:
3051		-	1503
3052		-	(i) 35% of the medical cannabis pharmacy's total revenue; or
3053		-	1504
3054		-	(ii) $2,000,000 in total revenue; or
3055		-	1505
3056		-	(b) for an entity that holds more than one medical cannabis pharmacy license, the greater
3057		-	1506
3058		-	of:
3059		-	1507
3060		-	(i) 35% of the total revenue of the entity's medical cannabis pharmacy that generates
3061		-	1508
3062		-	the most revenue; or
3063		-	1509
3064		-	(ii) $2,000,000 in total revenue.
3065		-	1510
3066		-	(9) Notwithstanding any other provision of this section, the [department] licensing board
3067		-	1511
3068		-	may issue only [three] one closed-door medical cannabis pharmacy [licenses] license
3069		-	1512
3070		-	before July 1, 2027.
3071		-	1513
3072		-	(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3073		-	1514
3074		-	department shall make rules to implement this section.
3075		-	1515
3076		-	Section 22. Section 26B-1-435 is amended to read:
3077		-	1516
3078		-	26B-1-435 . Medical Cannabis Policy Advisory Board creation -- Membership --
3079		-	1517
3080		-	Duties.
3081		-	1518
3082		-	(1) There is created within the department the Medical Cannabis Policy Advisory Board.
3083		-	1519
3084		-	(2)(a) The advisory board shall consist of the following members:
3085		-	1520
3086		-	(i) appointed by the executive director:
3087		-	1521
3088		-	(A) a qualified medical provider who has recommended medical cannabis to at
3089		-	1522
3090		-	least 100 patients before being appointed;
3091		-	1523
3092		-	[(B) a medical research professional;]
3093		-	- 45 - H.B. 54 Enrolled Copy
3094		-	1524
3095		-	[(C)] (B) a mental health specialist;
3096		-	1525
3097		-	[(D)] (C) an individual who represents an organization that advocates for medical
3098		-	1526
3099		-	cannabis patients;
3100		-	1527
3101		-	[(E)] (D) [an individual] a member of the general public who holds a medical
3102		-	1528
3103		-	cannabis patient card; and
3104		-	1529
3105		-	[(F)] (E) a member of the general public who does not hold a medical cannabis
3106		-	1530
3107		-	card;[ and]
3108		-	1531
3109		-	(ii) appointed by the commissioner of the Department of Agriculture and Food:
3110		-	1532
3111		-	(A) an individual who owns or operates a licensed cannabis cultivation facility, as
3112		-	1533
3113		-	defined in Section 4-41a-102;
3114		-	1534
3115		-	(B) an individual who owns or operates a licensed medical cannabis pharmacy;
3116		-	1535
3117		-	and
3118		-	1536
3119		-	(C) a law enforcement officer[.] ; and
3120		-	1537
3121		-	(iii) a representative from the Center for Medical Cannabis Research created in
3122		-	1538
3123		-	Section 53B-14-1402, appointed by the Center for Medical Cannabis Research.
3124		-	1539
3125		-	(b) The commissioner of the Department of Agriculture and Food shall ensure that at
3126		-	1540
3127		-	least one individual appointed under Subsection (2)(a)(ii)(A) or (B) also owns or
3128		-	1541
3129		-	operates a licensed cannabis processing facility.
3130		-	1542
3131		-	(3)(a) Subject to Subsection (3)(b), a member of the advisory board shall serve for a four
3132		-	1543
3133		-	year term.
3134		-	1544
3135		-	(b) When appointing the initial membership of the advisory board, the executive director
3136		-	1545
3137		-	and the commissioner of the Department of Agriculture and Food shall coordinate to
3138		-	1546
3139		-	appoint four advisory board members to serve a term of two years to ensure that
3140		-	1547
3141		-	approximately half of the board is appointed every two years.
3142		-	1548
3143		-	(4)(a) If an advisory board member is no longer able to serve as a member, a new
3144		-	1549
3145		-	member shall be appointed in the same manner as the original appointment.
3146		-	1550
3147		-	(b) A member appointed in accordance with Subsection (4)(a) shall serve for the
3148		-	1551
3149		-	remainder of the unexpired term of the original appointment.
3150		-	1552
3151		-	(5)(a) A majority of the advisory board members constitutes a quorum.
3152		-	1553
3153		-	(b) The action of a majority of a quorum constitutes an action of the advisory board.
3154		-	1554
3155		-	(c) For a term lasting one year, the advisory board shall annually designate members of
3156		-	1555
3157		-	the advisory board to serve as chair and vice-chair.
3158		-	1556
3159		-	(d) When designating the chair and vice-chair, the advisory board shall ensure that at
3160		-	1557
3161		-	least one individual described Subsection (2)(a)(i) is appointed as chair or vice-chair.
3162		-	- 46 - Enrolled Copy H.B. 54
3163		-	1558
3164		-	(6) An advisory board member may not receive compensation or benefits for the member's
3165		-	1559
3166		-	service on the advisory board but may receive per diem and reimbursement for travel
3167		-	1560
3168		-	expenses incurred as an advisory board member in accordance with:
3169		-	1561
3170		-	(a) Sections 63A-3-106 and 63A-3-107; and
3171		-	1562
3172		-	(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3173		-	1563
3174		-	63A-3-107.
3175		-	1564
3176		-	(7) The department shall:
3177		-	1565
3178		-	(a) provide staff support for the advisory board; and
3179		-	1566
3180		-	(b) assist the advisory board in conducting meetings.
3181		-	1567
3182		-	(8) The advisory board may recommend:
3183		-	1568
3184		-	(a) to the department or the Department of Agriculture and Food changes to current or
3185		-	1569
3186		-	proposed medical cannabis rules or statutes; and
3187		-	1570
3188		-	(b) to the appropriate legislative committee whether the advisory board supports a
3189		-	1571
3190		-	change to medical cannabis statutes.
3191		-	1572
3192		-	(9) The advisory board shall:
3193		-	1573
3194		-	(a) review any draft rule that is authorized under [this chapter] Chapter 4, Part 2,
3195		-	1574
3196		-	Cannabinoid Research and Medical Cannabis, or Title 4, Chapter 41a, Cannabis
3197		-	1575
3198		-	Production Establishments and Pharmacies;
3199		-	1576
3200		-	(b) consult with the Department of Agriculture and Food regarding the issuance of an
3201		-	1577
3202		-	additional:
3203		-	1578
3204		-	(i) cultivation facility license under Section 4-41a-205; or
3205		-	1579
3206		-	(ii) pharmacy license under Section 4-41a-1005;
3207		-	1580
3208		-	(c) consult with the department regarding cannabis patient education;
3209		-	1581
3210		-	(d) consult regarding the reasonableness of any fees set by the department or the
3211		-	1582
3212		-	Department of Agriculture and Food that pertain to the medical cannabis program;
3213		-	1583
3214		-	and
3215		-	1584
3216		-	(e) consult regarding any issue pertaining to medical cannabis when asked by the
3217		-	1585
3218		-	department or the Utah Department of Agriculture and Food.
3219		-	1586
3220		-	Section 23. Section 26B-4-201 is amended to read:
3221		-	1587
3222		-	26B-4-201 . Definitions.
3223		-	1588
3224		-	As used in this part:
3225		-	1589
3226		-	(1) "Active tetrahydrocannabinol" means THC, any THC analog, and
3227		-	1590
3228		-	tetrahydrocannabinolic acid.
3229		-	1591
3230		-	(2) "Administration of criminal justice" means the performance of detection, apprehension,
3231		-	- 47 - H.B. 54 Enrolled Copy
3232		-	1592
3233		-	detention, pretrial release, post-trial release, prosecution, and adjudication.
3234		-	1593
3235		-	(3) "Advertise" means information provided by a person in any medium:
3236		-	1594
3237		-	(a) to the public; and
3238		-	1595
3239		-	(b) that is not age restricted to an individual who is at least 21 years old.
3240		-	1596
3241		-	(4) "Advisory board" means the Medical Cannabis Policy Advisory Board created in
3242		-	1597
3243		-	Section 26B-1-435.
3244		-	1598
3245		-	(5) "Cannabis Research Review Board" means the Cannabis Research Review Board
3246		-	1599
3247		-	created in Section 26B-1-420.
3248		-	1600
3249		-	(6) "Cannabis" means marijuana.
3250		-	1601
3251		-	(7) "Cannabis processing facility" means the same as that term is defined in Section
3252		-	1602
3253		-	4-41a-102.
3254		-	1603
3255		-	(8) "Cannabis product" means a product that:
3256		-	1604
3257		-	(a) is intended for human use; and
3258		-	1605
3259		-	(b) contains cannabis or any tetrahydrocannabinol or THC analog in a total
3260		-	1606
3261		-	concentration of 0.3% or greater on a dry weight basis.
3262		-	1607
3263		-	(9) "Cannabis production establishment" means the same as that term is defined in Section
3264		-	1608
3265		-	4-41a-102.
3266		-	1609
3267		-	(10) "Cannabis production establishment agent" means the same as that term is defined in
3268		-	1610
3269		-	Section 4-41a-102.
3270		-	1611
3271		-	(11) "Cannabis production establishment agent registration card" means the same as that
3272		-	1612
3273		-	term is defined in Section 4-41a-102.
3274		-	1613
3275		-	(12) "Conditional medical cannabis card" means an electronic medical cannabis card that
3276		-	1614
3277		-	the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an
3278		-	1615
3279		-	applicant for a medical cannabis card to access medical cannabis during the department's
3280		-	1616
3281		-	review of the application.
3282		-	1617
3283		-	(13) "Controlled substance database" means the controlled substance database created in
3284		-	1618
3285		-	Section 58-37f-201.
3286		-	1619
3287		-	(14) "Delivery address" means the same as that term is defined in Section 4-41a-102.
3288		-	1620
3289		-	(15) "Department" means the Department of Health and Human Services.
3290		-	1621
3291		-	(16) "Designated caregiver" means:
3292		-	1622
3293		-	(a) an individual:
3294		-	1623
3295		-	(i) whom an individual with a medical cannabis patient card or a medical cannabis
3296		-	1624
3297		-	guardian card designates as the patient's caregiver; and
3298		-	1625
3299		-	(ii) who registers with the department under Section 26B-4-214; or
3300		-	- 48 - Enrolled Copy H.B. 54
3301		-	1626
3302		-	(b)(i) a facility that an individual designates as a designated caregiver in accordance
3303		-	1627
3304		-	with Subsection 26B-4-214(1)(b); or
3305		-	1628
3306		-	(ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii).
3307		-	1629
3308		-	(17) "Directions of use" means recommended routes of administration for a medical
3309		-	1630
3310		-	cannabis treatment and suggested usage guidelines.
3311		-	1631
3312		-	(18) "Dosing guidelines" means a quantity range and frequency of administration for a
3313		-	1632
3314		-	recommended treatment of medical cannabis.
3315		-	1633
3316		-	(19) "Government issued photo identification" means any of the following forms of
3317		-	1634
3318		-	identification:
3319		-	1635
3320		-	(a) a valid state-issued driver license or identification card;
3321		-	1636
3322		-	(b) a valid United States federal-issued photo identification, including:
3323		-	1637
3324		-	(i) a United States passport;
3325		-	1638
3326		-	(ii) a United States passport card;
3327		-	1639
3328		-	(iii) a United States military identification card; or
3329		-	1640
3330		-	(iv) a permanent resident card or alien registration receipt card; or
3331		-	1641
3332		-	(c) a foreign passport.
3333		-	1642
3334		-	(20) "Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that
3335		-	1643
3336		-	the department authorizes, as part of the pharmacy's license, to deliver medical cannabis
3337		-	1644
3338		-	shipments to a delivery address to fulfill electronic orders[ that the state central patient
3339		-	1645
3340		-	portal facilitates].
3341		-	1646
3342		-	(21) "Inventory control system" means the system described in Section 4-41a-103.
3343		-	1647
3344		-	(22) "Legal dosage limit" means an amount that:
3345		-	1648
3346		-	(a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the
3347		-	1649
3348		-	relevant recommending medical provider or [the state central patient portal or ]
3349		-	1650
3350		-	pharmacy medical provider, in accordance with Subsection [26B-4-230(5)]
3351		-	1651
3352		-	26B-4-231(5), recommends; and
3353		-	1652
3354		-	(b) may not exceed:
3355		-	1653
3356		-	(i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
3357		-	1654
3358		-	(ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in
3359		-	1655
3360		-	total, greater than 20 grams of active tetrahydrocannabinol.
3361		-	1656
3362		-	(23) "Legal use termination date" means a date on the label of a container of unprocessed
3363		-	1657
3364		-	cannabis flower:
3365		-	1658
3366		-	(a) that is 60 days after the date of purchase of the cannabis; and
3367		-	1659
3368		-	(b) after which, the cannabis is no longer in a medicinal dosage form outside of the
3369		-	- 49 - H.B. 54 Enrolled Copy
3370		-	1660
3371		-	primary residence of the relevant medical cannabis patient cardholder.
3372		-	1661
3373		-	(24) "Limited medical provider" means an individual who:
3374		-	1662
3375		-	(a) meets the recommending qualifications; and
3376		-	1663
3377		-	(b) has no more than 15 patients with a valid medical cannabis patient card as a result of
3378		-	1664
3379		-	the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b).
3380		-	1665
3381		-	(25) "Marijuana" means the same as that term is defined in Section 58-37-2.
3382		-	1666
3383		-	(26) "Medical cannabis" or "medical cannabis product" means cannabis in a medicinal
3384		-	1667
3385		-	dosage form or a cannabis product in a medicinal dosage form.
3386		-	1668
3387		-	(27) "Medical cannabis card" means a medical cannabis patient card, a medical cannabis
3388		-	1669
3389		-	guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card.
3390		-	1670
3391		-	(28) "Medical cannabis cardholder" means:
3392		-	1671
3393		-	(a) a holder of a medical cannabis card; or
3394		-	1672
3395		-	(b) a facility or assigned employee, described in Subsection (16)(b), only:
3396		-	1673
3397		-	(i) within the scope of the facility's or assigned employee's performance of the role of
3398		-	1674
3399		-	a medical cannabis patient cardholder's caregiver designation under Subsection
3400		-	1675
3401		-	26B-4-214(1)(b); and
3402		-	1676
3403		-	(ii) while in possession of documentation that establishes:
3404		-	1677
3405		-	(A) a caregiver designation described in Subsection 26B-4-214(1)(b);
3406		-	1678
3407		-	(B) the identity of the individual presenting the documentation; and
3408		-	1679
3409		-	(C) the relation of the individual presenting the documentation to the caregiver
3410		-	1680
3411		-	designation.
3412		-	1681
3413		-	(29) "Medical cannabis caregiver card" means an electronic document that a cardholder
3414		-	1682
3415		-	may print or store on an electronic device or a physical card or document that:
3416		-	1683
3417		-	(a) the department issues to an individual whom a medical cannabis patient cardholder
3418		-	1684
3419		-	or a medical cannabis guardian cardholder designates as a designated caregiver; and
3420		-	1685
3421		-	(b) is connected to the electronic verification system.
3422		-	1686
3423		-	(30) "Medical cannabis courier" means the same as that term is defined in Section
3424		-	1687
3425		-	4-41a-102.
3426		-	1688
3427		-	(31)(a) "Medical cannabis device" means a device that an individual uses to ingest or
3428		-	1689
3429		-	inhale [cannabis in a medicinal dosage form or a cannabis product in a medicinal
3430		-	1690
3431		-	dosage form] medical cannabis.
3432		-	1691
3433		-	(b) "Medical cannabis device" does not include a device that:
3434		-	1692
3435		-	(i) facilitates cannabis combustion; or
3436		-	1693
3437		-	(ii) an individual uses to ingest substances other than cannabis.
3438		-	- 50 - Enrolled Copy H.B. 54
3439		-	1694
3440		-	(32) "Medical cannabis guardian card" means an electronic document that a cardholder may
3441		-	1695
3442		-	print or store on an electronic device or a physical card or document that:
3443		-	1696
3444		-	(a) the department issues to the parent or legal guardian of a minor with a qualifying
3445		-	1697
3446		-	condition; and
3447		-	1698
3448		-	(b) is connected to the electronic verification system.
3449		-	1699
3450		-	(33) "Medical cannabis patient card" means an electronic document that a cardholder may
3451		-	1700
3452		-	print or store on an electronic device or a physical card or document that:
3453		-	1701
3454		-	(a) the department issues to an individual with a qualifying condition; and
3455		-	1702
3456		-	(b) is connected to the electronic verification system.
3457		-	1703
3458		-	(34) "Medical cannabis pharmacy" means a person that:
3459		-	1704
3460		-	(a)(i) acquires or intends to acquire medical cannabis [or a cannabis product in a
3461		-	1705
3462		-	medicinal dosage form ]from a cannabis processing facility or another medical
3463		-	1706
3464		-	cannabis pharmacy or a medical cannabis device; or
3465		-	1707
3466		-	(ii) possesses medical cannabis or a medical cannabis device; and
3467		-	1708
3468		-	(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical
3469		-	1709
3470		-	cannabis cardholder.
3471		-	1710
3472		-	(35) "Medical cannabis pharmacy agent" means an individual who holds a valid medical
3473		-	1711
3474		-	cannabis pharmacy agent registration card issued by the department.
3475		-	1712
3476		-	(36) "Medical cannabis pharmacy agent registration card" means a registration card issued
3477		-	1713
3478		-	by the department that authorizes an individual to act as a medical cannabis pharmacy
3479		-	1714
3480		-	agent.
3481		-	1715
3482		-	(37) "Medical cannabis shipment" means the same as that term is defined in Section
3483		-	1716
3484		-	4-41a-102.
3485		-	1717
3486		-	(38) "Medical cannabis treatment" means [cannabis in a medicinal dosage form, a cannabis
3487		-	1718
3488		-	product in a medicinal dosage form, or] medical cannabis or a medical cannabis device.
3489		-	1719
3490		-	(39)(a) "Medicinal dosage form" means:
3491		-	1720
3492		-	(i) for processed medical cannabis, the following with a specific and consistent
3493		-	1721
3494		-	cannabinoid content:
3495		-	1722
3496		-	(A) a tablet;
3497		-	1723
3498		-	(B) a capsule;
3499		-	1724
3500		-	(C) a concentrated liquid or viscous oil;
3501		-	1725
3502		-	(D) a liquid suspension that does not exceed 30 milliliters;
3503		-	1726
3504		-	(E) a topical preparation;
3505		-	1727
3506		-	(F) a transdermal preparation;
3507		-	- 51 - H.B. 54 Enrolled Copy
3508		-	1728
3509		-	(G) a sublingual preparation;
3510		-	1729
3511		-	(H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
3512		-	1730
3513		-	rectangular cuboid shape;
3514		-	1731
3515		-	(I) a resin or wax;
3516		-	1732
3517		-	(J) an aerosol;
3518		-	1733
3519		-	(K) a suppository preparation; or
3520		-	1734
3521		-	(L) a soft or hard confection that is a uniform rectangular cuboid or uniform
3522		-	1735
3523		-	spherical shape, is homogeneous in color and texture, and each piece is a single
3524		-	1736
3525		-	serving; or
3526		-	1737
3527		-	(ii) for unprocessed cannabis flower, a container described in Section 4-41a-602 that:
3528		-	1738
3529		-	(A) contains cannabis flower in a quantity that varies by no more than 10% from
3530		-	1739
3531		-	the stated weight at the time of packaging;
3532		-	1740
3533		-	(B) at any time the medical cannabis cardholder transports or possesses the
3534		-	1741
3535		-	container in public, is contained within an opaque bag or box that the medical
3536		-	1742
3537		-	cannabis pharmacy provides; and
3538		-	1743
3539		-	(C) is labeled with the container's content and weight, the date of purchase, the
3540		-	1744
3541		-	legal use termination date, and a barcode that provides information connected
3542		-	1745
3543		-	to an inventory control system.
3544		-	1746
3545		-	(b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
3546		-	1747
3547		-	(i) the medical cannabis cardholder has recently removed from the container
3548		-	1748
3549		-	described in Subsection (39)(a)(ii) for use; and
3550		-	1749
3551		-	(ii) does not exceed the quantity described in Subsection (39)(a)(ii).
3552		-	1750
3553		-	(c) "Medicinal dosage form" does not include:
3554		-	1751
3555		-	(i) any unprocessed cannabis flower outside of the container described in Subsection
3556		-	1752
3557		-	(39)(a)(ii), except as provided in Subsection (39)(b);
3558		-	1753
3559		-	(ii) any unprocessed cannabis flower in a container described in Subsection (39)(a)(ii)
3560		-	1754
3561		-	after the legal use termination date;
3562		-	1755
3563		-	(iii) a process of vaporizing and inhaling concentrated cannabis by placing the
3564		-	1756
3565		-	cannabis on a nail or other metal object that is heated by a flame, including a
3566		-	1757
3567		-	blowtorch;
3568		-	1758
3569		-	(iv) a liquid suspension that is branded as a beverage;
3570		-	1759
3571		-	(v) a substance described in Subsection (39)(a)(i) or (ii) if the substance is not
3572		-	1760
3573		-	measured in grams, milligrams, or milliliters; or
3574		-	1761
3575		-	(vi) a substance that contains or is covered to any degree with chocolate.
3576		-	- 52 - Enrolled Copy H.B. 54
3577		-	1762
3578		-	(40) "Nonresident patient" means an individual who:
3579		-	1763
3580		-	(a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
3581		-	1764
3582		-	(b) has a currently valid medical cannabis card or the equivalent of a medical cannabis
3583		-	1765
3584		-	card under the laws of another state, district, territory, commonwealth, or insular
3585		-	1766
3586		-	possession of the United States; and
3587		-	1767
3588		-	(c) has been diagnosed with a qualifying condition as described in Section 26B-4-203.
3589		-	1768
3590		-	(41) "Pharmacy medical provider" means the medical provider required to be on site at a
3591		-	1769
3592		-	medical cannabis pharmacy under Section 26B-4-219.
3593		-	1770
3594		-	(42) "Provisional patient card" means a card that:
3595		-	1771
3596		-	(a) the department issues to a minor with a qualifying condition for whom:
3597		-	1772
3598		-	(i) a recommending medical provider has recommended a medical cannabis
3599		-	1773
3600		-	treatment; and
3601		-	1774
3602		-	(ii) the department issues a medical cannabis guardian card to the minor's parent or
3603		-	1775
3604		-	legal guardian; and
3605		-	1776
3606		-	(b) is connected to the electronic verification system.
3607		-	1777
3608		-	(43) "Qualified medical provider" means an individual:
3609		-	1778
3610		-	(a) who meets the recommending qualifications; and
3611		-	1779
3612		-	(b) whom the department registers to recommend treatment with cannabis in a medicinal
3613		-	1780
3614		-	dosage form under Section 26B-4-204.
3615		-	1781
3616		-	(44) "Qualified Patient Enterprise Fund" means the enterprise fund created in Section
3617		-	1782
3618		-	26B-1-310.
3619		-	1783
3620		-	(45) "Qualifying condition" means a condition described in Section 26B-4-203.
3621		-	1784
3622		-	(46) "Recommend" or "recommendation" means, for a recommending medical provider, the
3623		-	1785
3624		-	act of suggesting the use of medical cannabis treatment, which:
3625		-	1786
3626		-	(a) certifies the patient's eligibility for a medical cannabis card; and
3627		-	1787
3628		-	(b) may include, at the recommending medical provider's discretion, directions of use,
3629		-	1788
3630		-	with or without dosing guidelines.
3631		-	1789
3632		-	(47) "Recommending medical provider" means a qualified medical provider or a limited
3633		-	1790
3634		-	medical provider.
3635		-	1791
3636		-	(48) "Recommending qualifications" means that an individual:
3637		-	1792
3638		-	(a)(i) has the authority to write a prescription;
3639		-	1793
3640		-	(ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
3641		-	1794
3642		-	Controlled Substances Act; and
3643		-	1795
3644		-	(iii) possesses the authority, in accordance with the individual's scope of practice, to
3645		-	- 53 - H.B. 54 Enrolled Copy
3646		-	1796
3647		-	prescribe a Schedule II controlled substance; and
3648		-	1797
3649		-	(b) is licensed as:
3650		-	1798
3651		-	(i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
3652		-	1799
3653		-	(ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice
3654		-	1800
3655		-	Act;
3656		-	1801
3657		-	(iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
3658		-	1802
3659		-	Chapter 68, Utah Osteopathic Medical Practice Act; or
3660		-	1803
3661		-	(iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
3662		-	1804
3663		-	[(49) "State central patient portal" means the website the department creates, in accordance
3664		-	1805
3665		-	with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical
3666		-	1806
3667		-	cannabis order.]
3668		-	1807
3669		-	[(50)] (49) "State electronic verification system" means the system described in Section
3670		-	1808
3671		-	26B-4-202.
3672		-	1809
3673		-	[(51)] (50) "Targeted marketing" means the promotion by a qualified medical provider,
3674		-	1810
3675		-	medical clinic, or medical office that employs a qualified medical provider of a medical
3676		-	1811
3677		-	cannabis recommendation service using any of the following methods:
3678		-	1812
3679		-	(a) electronic communication to an individual who is at least 21 years old and has
3680		-	1813
3681		-	requested to receive promotional information;
3682		-	1814
3683		-	(b) an in-person marketing event that is held in an area where only an individual who is
3684		-	1815
3685		-	at least 21 years old may access the event;
3686		-	1816
3687		-	(c) other marketing material that is physically or digitally displayed in the office of the
3688		-	1817
3689		-	medical clinic or office that employs a qualified medical provider; or
3690		-	1818
3691		-	(d) a leaflet that a qualified medical provider, medical clinic, or medical office that
3692		-	1819
3693		-	employs a qualified medical provider shares with an individual who is at least 21
3694	3695		1820
3695		-	~~years old.~~
	3696	+	[(52)] (51) "Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a
3696	3697		1821
3697		-	[(52)] (51) ~~"Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a~~
	3698	+	synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
3698	3699		1822
3699		-	~~synthetic equivalent~~ as ~~described~~ in ~~Subsection 58-37-4(2)(a)(iii)(AA)~~.
	3700	+	[(53)] (52) "THC analog" means the same as that term is defined in Section 4-41-102.
3700	3701		1823
3701		-	~~[(53)] (52) "THC~~ ~~analog" means the same as that term~~ is ~~defined in Section 4-41-102.~~
	3702	+	Section 24. Section 26B-4-202 is amended to read:
3702	3703		1824
3703		-	~~Section 24. Section~~ 26B-4-202 ~~is amended to read:~~
	3704	+	26B-4-202 . Electronic verification system.
3704	3705		1825
3705		-	~~26B-4-202 . Electronic verification system.~~
	3706	+	(1) The Department of Agriculture and Food, the department, the Department of Public
3706	3707		1826
3707		-	~~(1)~~ The ~~Department~~ of ~~Agriculture and Food, the department, the Department of Public~~
	3708	+	Safety, and the Division of Technology Services shall:
3708	3709		1827
3709		-	~~Safety, and~~ the ~~Division of Technology Services shall:~~
	3710	+	(a) enter into a memorandum of understanding in order to determine the function and
3710	3711		1828
3711		-	~~(a) enter into a memorandum~~ of ~~understanding~~ in ~~order to determine the function and~~
	3712	+	operation of the state electronic verification system in accordance with Subsection
3712	3713		1829
3713		-	operation of the state electronic verification system in accordance with Subsection (2);
3714		-	- 54 - Enrolled Copy H.B. 54
	3714	+	(2);
3715	3715		1830
3716	3716		(b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
	3717	+	- 54 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
3717	3718		1831
3718	3719		Procurement Code, to develop a request for proposals for a third-party provider to
3719	3720		1832
3720	3721		develop and maintain the state electronic verification system in coordination with the
3721	3722		1833
3722	3723		Division of Technology Services; and
3723	3724		1834
3724	3725		(c) select a third-party provider who:
3725	3726		1835
3726	3727		(i) meets the requirements contained in the request for proposals issued under
3727	3728		1836
3728	3729		Subsection (1)(b); and
3729	3730		1837
3730	3731		(ii) may not have any commercial or ownership interest in a cannabis production
3731	3732		1838
3732	3733		establishment or a medical cannabis pharmacy.
3733	3734		1839
3734	3735		(2) The Department of Agriculture and Food, the department, the Department of Public
3735	3736		1840
3736	3737		Safety, and the Division of Technology Services shall ensure that the state electronic
3737	3738		1841
3738	3739		verification system described in Subsection (1):
3739	3740		1842
3740	3741		(a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
3741	3742		1843
3742	3743		medical cannabis guardian card, provided that the card may not become active until:
3743	3744		1844
3744	3745		(i) the relevant qualified medical provider completes the associated medical cannabis
3745	3746		1845
3746	3747		recommendation; or
3747	3748		1846
3748	3749		(ii) for a medical cannabis card related to a limited medical provider's
3749	3750		1847
3750	3751		recommendation, the medical cannabis pharmacy completes the recording
3751	3752		1848
3752	3753		described in Subsection (2)(d);
3753	3754		1849
3754	3755		(b) allows an individual to apply to renew a medical cannabis patient card or a medical
3755	3756		1850
3756	3757		cannabis guardian card in accordance with Section 26B-4-213;
3757	3758		1851
3758	3759		(c) allows a qualified medical provider, or an employee described in Subsection (3)
3759	3760		1852
3760	3761		acting on behalf of the qualified medical provider, to:
3761	3762		1853
3762	3763		(i) access dispensing and card status information regarding a patient:
3763	3764		1854
3764	3765		(A) with whom the qualified medical provider has a provider-patient relationship;
3765	3766		1855
3766	3767		and
3767	3768		1856
3768	3769		(B) for whom the qualified medical provider has recommended or is considering
3769	3770		1857
3770	3771		recommending a medical cannabis card;
3771	3772		1858
3772	3773		(ii) electronically recommend treatment with [cannabis in a medicinal dosage form or
3773	3774		1859
3774	3775		a cannabis product in a medicinal dosage form] medical cannabis and optionally
3775	3776		1860
3776	3777		recommend dosing guidelines;
3777	3778		1861
3778	3779		(iii) electronically renew a recommendation to a medical cannabis patient cardholder
3779	3780		1862
3780	3781		or medical cannabis guardian cardholder:
3781	3782		1863
3782	3783		(A) using telehealth services, for the qualified medical provider who originally
3783		-	- 55 - H.B. 54 Enrolled Copy
3784	3784		1864
3785	3785		recommended a medical cannabis treatment during a face-to-face visit with the
	3786	+	- 55 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
3786	3787		1865
3787	3788		patient; or
3788	3789		1866
3789	3790		(B) during a face-to-face visit with the patient, for a qualified medical provider
3790	3791		1867
3791	3792		who did not originally recommend the medical cannabis treatment during a
3792	3793		1868
3793	3794		face-to-face visit; and
3794	3795		1869
3795	3796		(iv) submit an initial application, renewal application, or application payment on
3796	3797		1870
3797	3798		behalf of an individual applying for any of the following:
3798	3799		1871
3799	3800		(A) a medical cannabis patient card;
3800	3801		1872
3801	3802		(B) a medical cannabis guardian card; or
3802	3803		1873
3803	3804		(C) a medical cannabis caregiver card;
3804	3805		1874
3805	3806		(d) allows a medical cannabis pharmacy medical provider or medical cannabis pharmacy
3806	3807		1875
3807	3808		agent, in accordance with Subsection 4-41a-1101(10)(a), to:
3808	3809		1876
3809	3810		(i) access the electronic verification system to review the history within the system of
3810	3811		1877
3811	3812		a patient with whom the provider or agent is interacting, limited to read-only
3812	3813		1878
3813	3814		access for medical cannabis pharmacy agents unless the medical cannabis
3814	3815		1879
3815	3816		pharmacy's pharmacist in charge authorizes add and edit access;
3816	3817		1880
3817	3818		(ii) record a patient's recommendation from a limited medical provider, including any
3818	3819		1881
3819	3820		directions of use, dosing guidelines, or caregiver indications from the limited
3820	3821		1882
3821	3822		medical provider;
3822	3823		1883
3823	3824		(iii) record a limited medical provider's renewal of the provider's previous
3824	3825		1884
3825	3826		recommendation; and
3826	3827		1885
3827	3828		(iv) submit an initial application, renewal application, or application payment on
3828	3829		1886
3829	3830		behalf of an individual applying for any of the following:
3830	3831		1887
3831	3832		(A) a medical cannabis patient card;
3832	3833		1888
3833	3834		(B) a medical cannabis guardian card; or
3834	3835		1889
3835	3836		(C) a medical cannabis caregiver card;
3836	3837		1890
3837	3838		(e) connects with:
3838	3839		1891
3839	3840		(i) an inventory control system that a medical cannabis pharmacy uses to track in real
3840	3841		1892
3841	3842		time and archive purchases of any [cannabis in a medicinal dosage form, cannabis
3842	3843		1893
3843	3844		product in a medicinal dosage form,] medical cannabis or a medical cannabis
3844	3845		1894
3845	3846		device, including:
3846	3847		1895
3847	3848		(A) the time and date of each purchase;
3848	3849		1896
3849	3850		(B) the quantity and type of [cannabis, cannabis product,] medical cannabis or
3850	3851		1897
3851	3852		medical cannabis device purchased;
3852		-	- 56 - Enrolled Copy H.B. 54
3853	3853		1898
3854	3854		(C) any cannabis production establishment, any medical cannabis pharmacy, or
	3855	+	- 56 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
3855	3856		1899
3856	3857		any medical cannabis courier associated with the [cannabis, cannabis product,]
3857	3858		1900
3858	3859		medical cannabis or medical cannabis device; and
3859	3860		1901
3860	3861		(D) the personally identifiable information of the medical cannabis cardholder
3861	3862		1902
3862	3863		who made the purchase; and
3863	3864		1903
3864	3865		(ii) any commercially available inventory control system that a cannabis production
3865	3866		1904
3866	3867		establishment utilizes in accordance with Section 4-41a-103 to use data that the
3867	3868		1905
3868	3869		Department of Agriculture and Food requires by rule, in accordance with Title
3869	3870		1906
3870	3871		63G, Chapter 3, Utah Administrative Rulemaking Act, from the inventory
3871	3872		1907
3872	3873		tracking system that a licensee uses to track and confirm compliance;
3873	3874		1908
3874	3875		(f) provides access to:
3875	3876		1909
3876	3877		(i) the department to the extent necessary to carry out the department's functions and
3877	3878		1910
3878	3879		responsibilities under this part;
3879	3880		1911
3880	3881		(ii) the Department of Agriculture and Food to the extent necessary to carry out the
3881	3882		1912
3882	3883		functions and responsibilities of the Department of Agriculture and Food under
3883	3884		1913
3884	3885		Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies; and
3885	3886		1914
3886	3887		(iii) the Division of Professional Licensing to the extent necessary to carry out the
3887	3888		1915
3888	3889		functions and responsibilities related to the participation of the following in the
3889	3890		1916
3890	3891		recommendation and dispensing of medical cannabis:
3891	3892		1917
3892	3893		(A) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing
3893	3894		1918
3894	3895		Act;
3895	3896		1919
3896	3897		(B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
3897	3898		1920
3898	3899		(C) an advanced practice registered nurse licensed under Title 58, Chapter 31b,
3899	3900		1921
3900	3901		Nurse Practice Act;
3901	3902		1922
3902	3903		(D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
3903	3904		1923
3904	3905		Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
3905	3906		1924
3906	3907		(E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
3907	3908		1925
3908	3909		Assistant Act;
3909	3910		1926
3910	3911		[(g) provides access to and interaction with the state central patient portal;]
3911	3912		1927
3912	3913		[(h)] (g) communicates dispensing information from a record that a medical cannabis
3913	3914		1928
3914	3915		pharmacy submits to the state electronic verification system under Subsection
3915	3916		1929
3916	3917		4-41a-1102(3)(a)(ii) to the controlled substance database;
3917	3918		1930
3918	3919		[(i)] (h) provides access to state or local law enforcement only to verify the validity of an
3919	3920		1931
3920	3921		individual's medical cannabis card for the administration of criminal justice and
3921		-	- 57 - H.B. 54 Enrolled Copy
3922	3922		1932
3923	3923		through a database used by law enforcement; and
	3924	+	- 57 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
3924	3925		1933
3925	3926		[(j)] (i) creates a record each time a person accesses the system that identifies the person
3926	3927		1934
3927	3928		who accesses the system and the individual whose records the person accesses.
3928	3929		1935
3929	3930		(3)(a) An employee of a qualified medical provider may access the electronic
3930	3931		1936
3931	3932		verification system for a purpose described in Subsection (2)(c) on behalf of the
3932	3933		1937
3933	3934		qualified medical provider if:
3934	3935		1938
3935	3936		(i) the qualified medical provider has designated the employee as an individual
3936	3937		1939
3937	3938		authorized to access the electronic verification system on behalf of the qualified
3938	3939		1940
3939	3940		medical provider;
3940	3941		1941
3941	3942		(ii) the qualified medical provider provides written notice to the department of the
3942	3943		1942
3943	3944		employee's identity and the designation described in Subsection (3)(a)(i); and
3944	3945		1943
3945	3946		(iii) the department grants to the employee access to the electronic verification
3946	3947		1944
3947	3948		system.
3948	3949		1945
3949	3950		(b) An employee of a business that employs a qualified medical provider may access the
3950	3951		1946
3951	3952		electronic verification system for a purpose described in Subsection (2)(c) on behalf
3952	3953		1947
3953	3954		of the qualified medical provider if:
3954	3955		1948
3955	3956		(i) the qualified medical provider has designated the employee as an individual
3956	3957		1949
3957	3958		authorized to access the electronic verification system on behalf of the qualified
3958	3959		1950
3959	3960		medical provider;
3960	3961		1951
3961	3962		(ii) the qualified medical provider and the employing business jointly provide written
3962	3963		1952
3963	3964		notice to the department of the employee's identity and the designation described
3964	3965		1953
3965	3966		in Subsection (3)(b)(i); and
3966	3967		1954
3967	3968		(iii) the department grants to the employee access to the electronic verification
3968	3969		1955
3969	3970		system.
3970	3971		1956
3971	3972		(4)(a) As used in this Subsection (4), "prescribing provider" means:
3972	3973		1957
3973	3974		(i) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
3974	3975		1958
3975	3976		(ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
3976	3977		1959
3977	3978		Practice Act;
3978	3979		1960
3979	3980		(iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
3980	3981		1961
3981	3982		Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
3982	3983		1962
3983	3984		(iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
3984	3985		1963
3985	3986		Assistant Act.
3986	3987		1964
3987	3988		(b) A prescribing provider may access information in the electronic verification system
3988	3989		1965
3989	3990		regarding a patient the prescribing provider treats.
3990		-	- 58 - Enrolled Copy H.B. 54
3991	3991		1966
3992	3992		(5) The department may release limited data that the system collects for the purpose of:
	3993	+	- 58 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
3993	3994		1967
3994	3995		(a) conducting medical and other department approved research;
3995	3996		1968
3996	3997		(b) providing the report required by Section 26B-4-222; and
3997	3998		1969
3998	3999		(c) other official department purposes.
3999	4000		1970
4000	4001		(6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
4001	4002		1971
4002	4003		Administrative Rulemaking Act, to establish:
4003	4004		1972
4004	4005		(a) the limitations on access to the data in the state electronic verification system as
4005	4006		1973
4006	4007		described in this section; and
4007	4008		1974
4008	4009		(b) standards and procedures to ensure accurate identification of an individual requesting
4009	4010		1975
4010	4011		information or receiving information in this section.
4011	4012		1976
4012	4013		(7) Any person who negligently or recklessly releases any information in the state
4013	4014		1977
4014	4015		electronic verification system in violation of this section is guilty of a class C
4015	4016		1978
4016	4017		misdemeanor.
4017	4018		1979
4018	4019		(8) Any person who obtains or attempts to obtain information from the state electronic
4019	4020		1980
4020	4021		verification system by misrepresentation or fraud is guilty of a third degree felony.
4021	4022		1981
4022	4023		(9)(a) Except as provided in Subsections (9)(c) and (9)(e), a person may not knowingly
4023	4024		1982
4024	4025		and intentionally use, release, publish, or otherwise make available to any other
4025	4026		1983
4026	4027		person information obtained from the state electronic verification system for any
4027	4028		1984
4028	4029		purpose other than a purpose specified in this section.
4029	4030		1985
4030	4031		(b) Each separate violation of this Subsection (9) is:
4031	4032		1986
4032	4033		(i) a third degree felony; and
4033	4034		1987
4034	4035		(ii) subject to a civil penalty not to exceed $5,000.
4035	4036		1988
4036	4037		(c) A law enforcement officer who uses the database used by law enforcement to access
4037	4038		1989
4038	4039		information in the electronic verification system for a reason that is not the
4039	4040		1990
4040	4041		administration of criminal justice is guilty of a class B misdemeanor.
4041	4042		1991
4042	4043		(d) The department shall determine a civil violation of this Subsection (9) in accordance
4043	4044		1992
4044	4045		with Title 63G, Chapter 4, Administrative Procedures Act.
4045	4046		1993
4046	4047		(e) Civil penalties assessed under this Subsection (9) shall be deposited into the General
4047	4048		1994
4048	4049		Fund.
4049	4050		1995
4050	4051		(f) This Subsection (9) does not prohibit a person who obtains information from the state
4051	4052		1996
4052	4053		electronic verification system under Subsection (2)(a), (c), or (f) from:
4053	4054		1997
4054	4055		(i) including the information in the person's medical chart or file for access by a
4055	4056		1998
4056	4057		person authorized to review the medical chart or file;
4057	4058		1999
4058	4059		(ii) providing the information to a person in accordance with the requirements of the
4059		-	- 59 - H.B. 54 Enrolled Copy
4060	4060		2000
4061	4061		Health Insurance Portability and Accountability Act of 1996; or
	4062	+	- 59 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
4062	4063		2001
4063	4064		(iii) discussing or sharing that information about the patient with the patient.
4064	4065		2002
4065	4066		Section 25. Section 26B-4-214 is amended to read:
4066	4067		2003
4067	4068		26B-4-214 . Medical cannabis caregiver card -- Registration -- Renewal --
4068	4069		2004
4069	4070		Revocation.
4070	4071		2005
4071	4072		(1)(a) A cardholder described in Section 26B-4-213 may designate[, through the state
4072	4073		2006
4073	4074		central patient portal,] up to two individuals, or an individual and a facility in
4074	4075		2007
4075	4076		accordance with Subsection (1)(b), to serve as a designated caregiver for the
4076	4077		2008
4077	4078		cardholder.
4078	4079		2009
4079	4080		(b)(i) A cardholder described in Section 26B-4-213 may designate one of the
4080	4081		2010
4081	4082		following types of facilities as one of the caregivers described in Subsection (1)(a):
4082	4083		2011
4083	4084		(A) for a patient or resident, an assisted living facility, as that term is defined in
4084	4085		2012
4085	4086		Section 26B-2-201;
4086	4087		2013
4087	4088		(B) for a patient or resident, a nursing care facility, as that term is defined in
4088	4089		2014
4089	4090		Section 26B-2-201; or
4090	4091		2015
4091	4092		(C) for a patient, a general acute hospital, as that term is defined in Section
4092	4093		2016
4093	4094		26B-2-201.
4094	4095		2017
4095	4096		(ii) A facility may:
4096	4097		2018
4097	4098		(A) assign one or more employees to assist patients with medical cannabis
4098	4099		2019
4099	4100		treatment under the caregiver designation described in this Subsection (1)(b);
4100	4101		2020
4101	4102		and
4102	4103		2021
4103	4104		(B) receive a medical cannabis shipment from a medical cannabis pharmacy or a
4104	4105		2022
4105	4106		medical cannabis courier on behalf of the medical cannabis cardholder within
4106	4107		2023
4107	4108		the facility who designated the facility as a caregiver.
4108	4109		2024
4109	4110		(iii) The department shall make rules to regulate the practice of facilities and facility
4110	4111		2025
4111	4112		employees serving as designated caregivers under this Subsection (1)(b).
4112	4113		2026
4113	4114		(c) A parent or legal guardian described in Subsection 26B-4-213(2)(d), in consultation
4114	4115		2027
4115	4116		with the minor and the minor's qualified medical provider, may designate[, through
4116	4117		2028
4117	4118		the state central patient portal,] up to two individuals to serve as a designated
4118	4119		2029
4119	4120		caregiver for the minor, if the department determines that the parent or legal guardian
4120	4121		2030
4121	4122		is not eligible for a medical cannabis guardian card under Section 26B-4-213.
4122	4123		2031
4123	4124		(d)(i) Upon the entry of a caregiver designation under Subsection (1) by a patient
4124	4125		2032
4125	4126		with a terminal illness described in Section 26B-4-203, the department shall issue
4126	4127		2033
4127	4128		to the designated caregiver an electronic conditional medical cannabis caregiver
4128		-	- 60 - Enrolled Copy H.B. 54
4129	4129		2034
4130	4130		card, in accordance with this Subsection (1)(d).
	4131	+	- 60 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
4131	4132		2035
4132	4133		(ii) A conditional medical cannabis caregiver card is valid for the lesser of:
4133	4134		2036
4134	4135		(A) 60 days; or
4135	4136		2037
4136	4137		(B) the day on which the department completes the department's review and issues
4137	4138		2038
4138	4139		a medical cannabis caregiver card under Subsection (1)(a), denies the patient's
4139	4140		2039
4140	4141		medical cannabis caregiver card application, or revokes the conditional
4141	4142		2040
4142	4143		medical cannabis caregiver card under Section 26B-4-246.
4143	4144		2041
4144	4145		(iii) The department may issue a conditional medical cannabis card to an individual
4145	4146		2042
4146	4147		applying for a medical cannabis patient card for which approval of the
4147	4148		2043
4148	4149		Compassionate Use Board is not required.
4149	4150		2044
4150	4151		(iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
4151	4152		2045
4152	4153		obligations under law applicable to a holder of the medical cannabis card for
4153	4154		2046
4154	4155		which the individual applies and for which the department issues the conditional
4155	4156		2047
4156	4157		medical cannabis card.
4157	4158		2048
4158	4159		(2) An individual that the department registers as a designated caregiver under this section
4159	4160		2049
4160	4161		and a facility described in Subsection (1)(b):
4161	4162		2050
4162	4163		(a) for an individual designated caregiver, may carry a valid medical cannabis caregiver
4163	4164		2051
4164	4165		card;
4165	4166		2052
4166	4167		(b) in accordance with this part, may purchase, possess, transport, or assist the patient in
4167	4168		2053
4168	4169		the use of [cannabis in a medicinal dosage form, a cannabis product in a medicinal
4169	4170		2054
4170	4171		dosage form,] medical cannabis or a medical cannabis device on behalf of the
4171	4172		2055
4172	4173		designating medical cannabis cardholder;
4173	4174		2056
4174	4175		(c) may not charge a fee to an individual to act as the individual's designated caregiver
4175	4176		2057
4176	4177		or for a service that the designated caregiver provides in relation to the role as a
4177	4178		2058
4178	4179		designated caregiver; and
4179	4180		2059
4180	4181		(d) may accept reimbursement from the designating medical cannabis cardholder for
4181	4182		2060
4182	4183		direct costs the designated caregiver incurs for assisting with the designating
4183	4184		2061
4184	4185		cardholder's medicinal use of cannabis.
4185	4186		2062
4186	4187		(3)(a) The department shall:
4187	4188		2063
4188	4189		(i) within 15 days after the day on which an individual submits an application in
4189	4190		2064
4190	4191		compliance with this section, issue a medical cannabis card to the applicant if the
4191	4192		2065
4192	4193		applicant:
4193	4194		2066
4194	4195		(A) is designated as a caregiver under Subsection (1);
4195	4196		2067
4196	4197		(B) is eligible for a medical cannabis caregiver card under Subsection (4); and
4197		-	- 61 - H.B. 54 Enrolled Copy
4198	4198		2068
4199	4199		(C) complies with this section; and
	4200	+	- 61 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
4200	4201		2069
4201	4202		(ii) notify the Department of Public Safety of each individual that the department
4202	4203		2070
4203	4204		registers as a designated caregiver.
4204	4205		2071
4205	4206		(b) The department shall ensure that a medical cannabis caregiver card contains the
4206	4207		2072
4207	4208		information described in Subsections (5)(b) and (3)(c)(i).
4208	4209		2073
4209	4210		(c) If a cardholder described in Section 26B-4-213 designates an individual as a
4210	4211		2074
4211	4212		caregiver who already holds a medical cannabis caregiver card, the individual with
4212	4213		2075
4213	4214		the medical cannabis caregiver card:
4214	4215		2076
4215	4216		(i) shall report to the department the information required of applicants under
4216	4217		2077
4217	4218		Subsection (5)(b) regarding the new designation;
4218	4219		2078
4219	4220		(ii) if the individual makes the report described in Subsection (3)(c)(i), is not required
4220	4221		2079
4221	4222		to file an application for another medical cannabis caregiver card;
4222	4223		2080
4223	4224		(iii) may receive an additional medical cannabis caregiver card in relation to each
4224	4225		2081
4225	4226		additional medical cannabis patient who designates the caregiver; and
4226	4227		2082
4227	4228		(iv) is not subject to an additional background check.
4228	4229		2083
4229	4230		(4) An individual is eligible for a medical cannabis caregiver card if the individual:
4230	4231		2084
4231	4232		(a) is at least 21 years old;
4232	4233		2085
4233	4234		(b) is a Utah resident;
4234	4235		2086
4235	4236		(c) pays to the department a fee in an amount that, subject to Subsection 26B-1-310(5),
4236	4237		2087
4237	4238		the department sets in accordance with Section 63J-1-504, plus the cost of the
4238	4239		2088
4239	4240		criminal background check described in Section 26B-4-215; and
4240	4241		2089
4241	4242		(d) signs an acknowledgment stating that the applicant received the information
4242	4243		2090
4243	4244		described in Subsection 26B-4-213(9)[ ].
4244	4245		2091
4245	4246		(5) An eligible applicant for a medical cannabis caregiver card shall:
4246	4247		2092
4247	4248		(a) submit an application for a medical cannabis caregiver card to the department
4248	4249		2093
4249	4250		through an electronic application connected to the state electronic verification
4250	4251		2094
4251	4252		system; and
4252	4253		2095
4253	4254		(b) submit the following information in the application described in Subsection (5)(a):
4254	4255		2096
4255	4256		(i) the applicant's name, gender, age, and address;
4256	4257		2097
4257	4258		(ii) the name, gender, age, and address of the cardholder described in Section
4258	4259		2098
4259	4260		26B-4-213 who designated the applicant;
4260	4261		2099
4261	4262		(iii) if a medical cannabis guardian cardholder designated the caregiver, the name,
4262	4263		2100
4263	4264		gender, and age of the minor receiving a medical cannabis treatment in relation to
4264	4265		2101
4265	4266		the medical cannabis guardian cardholder; and
4266		-	- 62 - Enrolled Copy H.B. 54
4267	4267		2102
4268	4268		(iv) any additional information that the department requests to assist in matching the
	4269	+	- 62 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
4269	4270		2103
4270	4271		application with the designating medical cannabis patient.
4271	4272		2104
4272	4273		(6) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the
4273	4274		2105
4274	4275		department issues under this section is valid for the lesser of:
4275	4276		2106
4276	4277		(a) an amount of time that the cardholder described in Section 26B-4-213 who
4277	4278		2107
4278	4279		designated the caregiver determines; or
4279	4280		2108
4280	4281		(b) the amount of time remaining before the card of the cardholder described in Section
4281	4282		2109
4282	4283		26B-4-213 expires.
4283	4284		2110
4284	4285		(7)(a) If a designated caregiver meets the requirements of Subsection (4), the designated
4285	4286		2111
4286	4287		caregiver's medical cannabis caregiver card renews automatically at the time the
4287	4288		2112
4288	4289		cardholder described in Section 26B-4-213 who designated the caregiver:
4289	4290		2113
4290	4291		(i) renews the cardholder's card; and
4291	4292		2114
4292	4293		(ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
4293	4294		2115
4294	4295		(b) The department shall provide a method in the card renewal process to allow a
4295	4296		2116
4296	4297		cardholder described in Section 26B-4-213 who has designated a caregiver to:
4297	4298		2117
4298	4299		(i) signify that the cardholder renews the caregiver's designation;
4299	4300		2118
4300	4301		(ii) remove a caregiver's designation; or
4301	4302		2119
4302	4303		(iii) designate a new caregiver.
4303	4304		2120
4304	4305		(8) The department shall record the issuance or revocation of a medical cannabis card under
4305	4306		2121
4306	4307		this section in the controlled substance database.
4307	4308		2122
4308	4309		Section 26. Section 26B-4-222 is amended to read:
4309	4310		2123
4310	4311		26B-4-222 . Report.
4311	4312		2124
4312	4313		(1) By the November interim meeting each year, the department shall report to the Health
4313	4314		2125
4314	4315		and Human Services Interim Committee on:
4315	4316		2126
4316	4317		(a) the number of applications and renewal applications filed for medical cannabis cards;
4317	4318		2127
4318	4319		(b) the number of qualifying patients and designated caregivers;
4319	4320		2128
4320	4321		(c) the nature of the debilitating medical conditions of the qualifying patients;
4321	4322		2129
4322	4323		(d) the age and county of residence of cardholders;
4323	4324		2130
4324	4325		(e) the number of medical cannabis cards revoked;
4325	4326		2131
4326	4327		(f) the number of practitioners providing recommendations for qualifying patients;
4327	4328		2132
4328	4329		(g) the number of license applications and renewal license applications received;
4329	4330		2133
4330	4331		(h) the number of licenses the department has issued in each county;
4331	4332		2134
4332	4333		(i) the number of licenses the department has revoked;
4333	4334		2135
4334	4335		(j) the quantity of medical cannabis shipments[ that the state central patient portal
4335		-	- 63 - H.B. 54 Enrolled Copy
4336	4336		2136
4337	4337		facilitates];
	4338	+	- 63 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
4338	4339		2137
4339	4340		(k) the number of overall purchases of medical cannabis [and medical cannabis products ]
4340	4341		2138
4341	4342		from each medical cannabis pharmacy;
4342	4343		2139
4343	4344		(l) the expenses incurred and revenues generated from the medical cannabis program;
4344	4345		2140
4345	4346		and
4346	4347		2141
4347	4348		(m) an analysis of product availability in medical cannabis pharmacies in consultation
4348	4349		2142
4349	4350		with the Department of Agriculture and Food.
4350	4351		2143
4351	4352		(2) The report shall include information provided by the Center for Medical Cannabis
4352	4353		2144
4353	4354		Research described in Section 53B-17-1402.
4354	4355		2145
4355	4356		(3) The department may not include personally identifying information in the report
4356	4357		2146
4357	4358		described in this section.
4358	4359		2147
4359	4360		(4) The department shall report to the working group described in Section 36-12-8.2 as
4360	4361		2148
4361	4362		requested by the working group.
4362	4363		2149
4363	4364		Section 27. Section 58-37-3.6 is amended to read:
4364	4365		2150
4365	4366		58-37-3.6 . Exemption for possession or distribution of a cannabinoid product,
4366	4367		2151
4367	4368		expanded cannabinoid product, or transportable industrial hemp concentrate.
4368	4369		2152
4369	4370		(1) As used in this section:
4370	4371		2153
4371	4372		(a) "Cannabinoid product" means a product intended for human ingestion that:
4372	4373		2154
4373	4374		(i) contains an extract or concentrate that is obtained from cannabis; and
4374	4375		2155
4375	4376		[(ii) is prepared in a medicinal dosage form; and]
4376	4377		2156
4377	4378		[(iii)] (ii) contains at least 10 units of cannabidiol for every one unit of
4378	4379		2157
4379	4380		tetrahydrocannabinol.
4380	4381		2158
4381	4382		(b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
4382	4383		2159
4383	4384		[(c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.]
4384	4385		2160
4385	4386		[(d)] (c) "Expanded cannabinoid product" means a product intended for human ingestion
4386	4387		2161
4387	4388		that:
4388	4389		2162
4389	4390		(i) contains an extract or concentrate that is obtained from cannabis; and
4390	4391		2163
4391	4392		[(ii) is prepared in a medicinal dosage form; and]
4392	4393		2164
4393	4394		[(iii)] (ii) contains less than 10 units of cannabidiol for every one unit of
4394	4395		2165
4395	4396		tetrahydrocannabinol.
4396	4397		2166
4397	4398		[(e) "Hemp cannabinoid product" means a product that:]
4398	4399		2167
4399	4400		[(i) contains or is represented to contain one or more naturally occurring
4400	4401		2168
4401	4402		cannabinoids;]
4402	4403		2169
4403	4404		[(ii) contains less than the cannabinoid product THC level, by dry weight;]
4404		-	- 64 - Enrolled Copy H.B. 54
4405	4405		2170
4406	4406		[(iii) contains a combined amount of total THC and any THC analog that does not
	4407	+	- 64 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
4407	4408		2171
4408	4409		exceed 10% of the total cannabinoid content;]
4409	4410		2172
4410	4411		[(iv) does not exceed a total of THC and any THC analog that is greater than five
4411	4412		2173
4412	4413		milligrams per serving and 150 milligrams per package; and]
4413	4414		2174
4414	4415		[(v) unless the product is in an oil based suspension, has a serving size that is an
4415	4416		2175
4416	4417		integer.]
4417	4418		2176
4418	4419		[(f)] (d) "Transportable industrial hemp concentrate" means any amount of a natural
4419	4420		2177
4420	4421		cannabinoid in a purified state that:
4421	4422		2178
4422	4423		(i) is the product of any chemical or physical process applied to naturally occurring
4423	4424		2179
4424	4425		biomass that concentrates or isolates the cannabinoids contained in the biomass;
4425	4426		2180
4426	4427		(ii) is derived from a cannabis plant that, based on sampling that was collected no
4427	4428		2181
4428	4429		more than 30 days before the day on which the cannabis plant was harvested,
4429	4430		2182
4430	4431		contains a combined concentration of total THC and any THC analog of less than
4431	4432		2183
4432	4433		0.3% on a dry weight basis; and
4433	4434		2184
4434	4435		(iii) has a THC and THC analog concentration total less than 20% when concentrated
4435	4436		2185
4436	4437		from the cannabis plant to the purified state.
4437	4438		2186
4438	4439		[(g) "Medicinal dosage form" means:]
4439	4440		2187
4440	4441		[(i) a tablet;]
4441	4442		2188
4442	4443		[(ii) a capsule;]
4443	4444		2189
4444	4445		[(iii) a concentrated oil;]
4445	4446		2190
4446	4447		[(iv) a liquid suspension;]
4447	4448		2191
4448	4449		[(v) a transdermal preparation; or]
4449	4450		2192
4450	4451		[(vi) a sublingual preparation.]
4451	4452		2193
4452	4453		[(h)] (e) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the
4453	4454		2194
4454	4455		description in Subsection 58-37-4(2)(a)(iii)(AA).
4455	4456		2195
4456	4457		(2) Notwithstanding any other provision of this chapter an individual who possesses or
4457	4458		2196
4458	4459		distributes a cannabinoid product or an expanded cannabinoid product is not subject to
4459	4460		2197
4460	4461		the penalties described in this title for the possession or distribution of marijuana or
4461	4462		2198
4462	4463		tetrahydrocannabinol to the extent that the individual's possession or distribution of the
4463	4464		2199
4464	4465		cannabinoid product or expanded cannabinoid product complies with [Title 26B,
4465	4466		2200
4466	4467		Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis] Section 26B-4-212.
4467	4468		2201
4468	4469		(3) Notwithstanding any other provision of this chapter, a person who possesses and
4469	4470		2202
4470	4471		distributes transportable industrial hemp concentrate is not subject to the penalties
4471	4472		2203
4472	4473		described in this chapter for the possession or distribution of transportable industrial
4473		-	- 65 - H.B. 54 Enrolled Copy
4474	4474		2204
4475	4475		hemp concentrate if the transportable industrial hemp concentrate is handled in
	4476	+	- 65 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
4476	4477		2205
4477	4478		accordance with the rules established under Subsection 4-41-103.1(1)(e) or is destroyed.
4478	4479		2206
4479	4480		Section 28. Section 58-85-102 is amended to read:
4480	4481		2207
4481	4482		58-85-102 . Definitions.
4482	4483		2208
4483	4484		As used in this chapter:
4484	4485		2209
4485	4486		(1) "Eligible patient" means an individual who has been diagnosed with a terminal illness
4486	4487		2210
4487	4488		by a physician.
4488	4489		2211
4489	4490		(2) "Insurer" means the same as that term is defined in Section 31A-1-301.
4490	4491		2212
4491	4492		(3) "Investigational device" means a device that:
4492	4493		2213
4493	4494		(a) meets the definition of "investigational device" in 21 C.F.R. Sec. 812.3; and
4494	4495		2214
4495	4496		(b) has successfully completed the United States Food and Drug Administration Phase 1
4496	4497		2215
4497	4498		testing for an investigational device described in 21 C.F.R. Part 812.
4498	4499		2216
4499	4500		(4) "Investigational drug" means a drug that:
4500	4501		2217
4501	4502		(a) meets the definition of "investigational new drug" in 21 C.F.R. Sec. 312.3; and
4502	4503		2218
4503	4504		(b) has successfully completed the United States Food and Drug Administration Phase 1
4504	4505		2219
4505	4506		testing for an investigational new drug described in 21 C.F.R. Part 312.
4506	4507		2220
4507	4508		(5) "Medicinal dosage form" [means the same as that term is defined in Section 58-37-3.6.]
4508	4509		2221
4509	4510		means:
4510	4511		2222
4511	4512		(a) a tablet;
4512	4513		2223
4513	4514		(b) a capsule;
4514	4515		2224
4515	4516		(c) a concentrated oil;
4516	4517		2225
4517	4518		(d) a liquid suspension;
4518	4519		2226
4519	4520		(e) a transdermal preparation; or
4520	4521		2227
4521	4522		(f) a sublingual preparation.
4522	4523		2228
4523	4524		(6) "Physician" means an individual who is licensed under:
4524	4525		2229
4525	4526		(a) Title 58, Chapter 67, Utah Medical Practice Act; or
4526	4527		2230
4527	4528		(b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
4528	4529		2231
4529	4530		(7) "Terminal illness" means a condition of a patient that:
4530	4531		2232
4531	4532		(a) as determined by a physician:
4532	4533		2233
4533	4534		(i) is likely to pose a greater risk to the patient than the risk posed to the patient by
4534	4535		2234
4535	4536		treatment with an investigational drug or investigational device; and
4536	4537		2235
4537	4538		(ii) will inevitably lead to the patient's death; and
4538	4539		2236
4539	4540		(b) presents the patient, after the patient has explored conventional therapy options, with
4540	4541		2237
4541	4542		no treatment option that is satisfactory or comparable to treatment with an
4542		-	- 66 - Enrolled Copy H.B. 54
4543	4543		2238
4544	4544		investigational drug or device.
	4545	+	- 66 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
4545	4546		2239
4546	4547		Section 29. Section 63N-3-1301 is amended to read:
4547	4548		2240
4548	4549		63N-3-1301 . Definitions.
4549	4550		2241
4550	4551		As used in this part:
4551	4552		2242
4552	4553		(1) "Cannabinoid processor license" means the same as that term is defined in Section
4553	4554		2243
4554	4555		4-41-102.
4555	4556		2244
4556	4557		(2) "Cannabinoid product" means the same as that term is defined in Section 4-41-102.
4557	4558		2245
4558	4559		(3) "Industrial hemp product" means the same as that term is defined in Section 4-41-102.
4559	4560		2246
4560	4561		(4) "Industrial hemp producer registration" means the same as that term is defined in
4561	4562		2247
4562	4563		Section 4-41-102.
4563	4564		2248
4564	4565		Section 30. Section 77-39-101 is amended to read:
4565	4566		2249
4566	4567		77-39-101 . Investigation of sales of alcohol, tobacco products, electronic
4567	4568		2250
4568	4569		cigarette products, nicotine products, and cannabinoid products to underage individuals.
4569	4570		2251
4570	4571		(1) As used in this section:
4571	4572		2252
4572	4573		(a) "Cannabinoid product" means the same as that term is defined in Section 4-41-102.
4573	4574		2253
4574	4575		(b) "Electronic cigarette product" means the same as that term is defined in Section
4575	4576		2254
4576	4577		76-10-101.
4577	4578		2255
4578	4579		(c) "Nicotine product" means the same as that term is defined in Section 76-10-101.
4579	4580		2256
4580	4581		(d) "Peace officer" means the same as the term is described in Section 53-13-109.
4581	4582		2257
4582	4583		(e) "Tobacco product" means the same as that term is defined in Section 76-10-101.
4583	4584		2258
4584	4585		(2)(a) A peace officer may investigate the possible violation of:
4585	4586		2259
4586	4587		(i) Section 32B-4-403 by requesting an individual under 21 years old to enter into
4587	4588		2260
4588	4589		and attempt to purchase or make a purchase of alcohol from a retail establishment;
4589	4590		2261
4590	4591		(ii) Section 76-10-114 by requesting an individual under 21 years old to enter into
4591	4592		2262
4592	4593		and attempt to purchase or make a purchase from a retail establishment of:
4593	4594		2263
4594	4595		(A) a tobacco product;
4595	4596		2264
4596	4597		(B) an electronic cigarette product; or
4597	4598		2265
4598	4599		(C) a nicotine product; or
4599	4600		2266
4600	4601		(iii) Subsection [4-41-105(2)(d)] 4-41-105(2)(a)(iv) by requesting an individual under
4601	4602		2267
4602	4603		21 years old to enter into and attempt to purchase or make a purchase of a
4603	4604		2268
4604	4605		cannabinoid product that contains THC or a THC analog from a retail
4605	4606		2269
4606	4607		establishment.
4607	4608		2270
4608	4609		(b) A peace officer who is present at the site of a proposed purchase shall direct,
4609	4610		2271
4610	4611		supervise, and monitor the individual requested to make the purchase.
4611		-	- 67 - H.B. 54 Enrolled Copy
4612	4612		2272
4613	4613		(c) Immediately following a purchase or attempted purchase or as soon as practical the
	4614	+	- 67 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
4614	4615		2273
4615	4616		supervising peace officer shall inform the cashier and the proprietor or manager of
4616	4617		2274
4617	4618		the retail establishment that the attempted purchaser was under the legal age to
4618	4619		2275
4619	4620		purchase:
4620	4621		2276
4621	4622		(i) alcohol;
4622	4623		2277
4623	4624		(ii)(A) a tobacco product;
4624	4625		2278
4625	4626		(B) an electronic cigarette product; or
4626	4627		2279
4627	4628		(C) a nicotine product; or
4628	4629		2280
4629	4630		(iii) a cannabinoid product that contains THC or a THC analog.
4630	4631		2281
4631	4632		(d) If a citation or information is issued, the citation or information shall be issued
4632	4633		2282
4633	4634		within seven days after the day on which the purchase occurs.
4634	4635		2283
4635	4636		(3)(a) If an individual under 18 years old is requested to attempt a purchase, a written
4636	4637		2284
4637	4638		consent of that individual's parent or guardian shall be obtained before the individual
4638	4639		2285
4639	4640		participates in any attempted purchase.
4640	4641		2286
4641	4642		(b) An individual requested by the peace officer to attempt a purchase may:
4642	4643		2287
4643	4644		(i) be a trained volunteer; or
4644	4645		2288
4645	4646		(ii) receive payment, but may not be paid based on the number of successful
4646	4647		2289
4647	4648		purchases of alcohol, tobacco products, electronic cigarette products, nicotine
4648	4649		2290
4649	4650		products, or cannabinoid products that contain THC or a THC analog.
4650	4651		2291
4651	4652		(4) The individual requested by the peace officer to attempt a purchase and anyone
4652	4653		2292
4653	4654		accompanying the individual attempting a purchase may use false identification in
4654	4655		2293
4655	4656		attempting the purchase if:
4656	4657		2294
4657	4658		(a) the Department of Public Safety created in Section 53-1-103 provides the false
4658	4659		2295
4659	4660		identification;
4660	4661		2296
4661	4662		(b) the false identification:
4662	4663		2297
4663	4664		(i) accurately represents the individual's age; and
4664	4665		2298
4665	4666		(ii) displays a current photo of the individual; and
4666	4667		2299
4667	4668		(c) the peace officer maintains possession of the false identification at all times outside
4668	4669		2300
4669	4670		the attempt to purchase.
4670	4671		2301
4671	4672		(5) An individual requested to attempt to purchase or make a purchase pursuant to this
4672	4673		2302
4673	4674		section is immune from prosecution, suit, or civil liability for the purchase of, attempted
4674	4675		2303
4675	4676		purchase of, or possession of alcohol, a tobacco product, an electronic cigarette product,
4676	4677		2304
4677	4678		a nicotine product, or a cannabinoid product that contains THC or a THC analog if a
4678	4679		2305
4679	4680		peace officer directs, supervises, and monitors the individual.
4680		-	- 68 - Enrolled Copy H.B. 54
4681	4681		2306
4682	4682		(6)(a) Except as provided in Subsection (6)(b), a purchase attempted under this section
	4683	+	- 68 - 03-07 10:17 2nd Sub. (Gray) H.B. 54
4683	4684		2307
4684	4685		shall be conducted within a 12-month period:
4685	4686		2308
4686	4687		(i) on a random basis at any one retail establishment location, not more often than
4687	4688		2309
4688	4689		four times for the attempted purchase of alcohol;
4689	4690		2310
4690	4691		(ii) a minimum of two times at a retail establishment that sells tobacco products,
4691	4692		2311
4692	4693		electronic cigarette products, or nicotine products for the attempted purchase of a
4693	4694		2312
4694	4695		tobacco product, an electronic cigarette product, or a nicotine product; and
4695	4696		2313
4696	4697		(iii) a minimum of one time at a retail establishment that sells a cannabinoid product
4697	4698		2314
4698	4699		that contains THC or a THC analog.
4699	4700		2315
4700	4701		(b) This section does not prohibit an investigation or an attempt to purchase alcohol, a
4701	4702		2316
4702	4703		tobacco product, an electronic cigarette product, or a nicotine product under this
4703	4704		2317
4704	4705		section if:
4705	4706		2318
4706	4707		(i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
4707	4708		2319
4708	4709		tobacco product, an electronic cigarette product, a nicotine product, or a
4709	4710		2320
4710	4711		cannabinoid product that contains THC or a THC analog to an individual under
4711	4712		2321
4712	4713		the age established by Section 32B-4-403, Section76-10-114, or Subsection
4713	4714		2322
4714	4715		4-41-105(2)(d); and
4715	4716		2323
4716	4717		(ii) the supervising peace officer makes a written record of the grounds for the
4717	4718		2324
4718	4719		reasonable suspicion.
4719	4720		2325
4720	4721		(7)(a) The peace officer exercising direction, supervision, and monitoring of the
4721	4722		2326
4722	4723		attempted purchase shall make a report of the attempted purchase, whether or not a
4723	4724		2327
4724	4725		purchase was made.
4725	4726		2328
4726	4727		(b) The report required by this Subsection (7) shall include:
4727	4728		2329
4728	4729		(i) the name of the supervising peace officer;
4729	4730		2330
4730	4731		(ii) the name of the individual attempting the purchase;
4731	4732		2331
4732	4733		(iii) a photograph of the individual attempting the purchase showing how that
4733	4734		2332
4734	4735		individual appeared at the time of the attempted purchase;
4735	4736		2333
4736	4737		(iv) the name and description of the cashier or proprietor from whom the individual
4737	4738		2334
4738	4739		attempted the purchase;
4739	4740		2335
4740	4741		(v) the name and address of the retail establishment; and
4741	4742		2336
4742	4743		(vi) the date and time of the attempted purchase.
4743	4744		2337
4744	4745		Section 31. Repealer.
4745	4746		2338
4746	4747		This bill repeals:
4747	4748		2339
4748	4749		Section 26B-4-236, State central patient portal -- Department duties.
4749		-	- 69 - H.B. 54 Enrolled Copy
4750	4750		2340
4751	4751		Section 32. Effective Date.
	4752	+	- 69 - 2nd Sub. (Gray) H.B. 54 03-07 10:17
4752	4753		2341
4753	4754		This bill takes effect on May 7, 2025.
4754	4755		- 70 -