02-19 18:21 5th Sub. (Salmon) H.B. 203
Jennifer Dailey-Provost proposes the following substitute bill:
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Cannabis Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: Evan J. Vickers
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LONG TITLE
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General Description:
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This bill amends provisions related to medical cannabis.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ allows for additional medical cannabis pharmacies;
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▸ creates a new medical cannabis pharmacy license for independent medical cannabis
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pharmacies;
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▸ creates ownership restrictions for independent medical cannabis pharmacies;
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▸ adjusts fees for certain medical cannabis pharmacy licenses;
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▸ amends provisions regarding cannabis production and sanitation;
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▸ modifies provisions related to enforcement and appeals;
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▸ amends provisions related to closed-door medical cannabis pharmacies;
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▸ allows a cannabis processing facility to have a website that includes product information;
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▸ limits the number of licenses that the Department of Agriculture and Food (department)
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may issue for cannabis processing facilities;
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▸ amends provisions regarding when the department may seize products and test products;
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▸ amends provisions related to information a medical cannabis pharmacy must have
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available to a patient purchasing medical cannabis;
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▸ creates a reporting requirement for the department;
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▸ repeals sections related to the state central patient portal;
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▸ authorizes the creation of patient product information inserts;
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▸ moves the repeal date for the Cannabis Research Review Board earlier one year;
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▸ extends the repeal date for the Medical Cannabis Governance Structure Working Group;
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and
5th Sub. H.B. 203 5th Sub. (Salmon) H.B. 203 02-19 18:21
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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4-41a-102, as last amended by Laws of Utah 2024, Chapters 217, 238 and 240
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4-41a-110, as enacted by Laws of Utah 2023, Chapter 273
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4-41a-205, as last amended by Laws of Utah 2020, Chapter 12
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4-41a-403, as last amended by Laws of Utah 2023, Chapter 327
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4-41a-501, as last amended by Laws of Utah 2023, Chapter 313
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4-41a-701, as last amended by Laws of Utah 2023, Chapters 313, 317
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4-41a-801, as renumbered and amended by Laws of Utah 2018, Third Special Session,
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Chapter 1
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4-41a-802, as last amended by Laws of Utah 2024, Chapter 217
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4-41a-1001, as last amended by Laws of Utah 2024, Chapters 217, 238 and 240
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4-41a-1003, as last amended by Laws of Utah 2023, Chapter 435 and renumbered and
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amended by Laws of Utah 2023, Chapters 273, 307 and last amended by Coordination Clause,
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Laws of Utah 2023, Chapter 307
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4-41a-1005, as last amended by Laws of Utah 2024, Chapter 217
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4-41a-1101, as last amended by Laws of Utah 2024, Chapter 217
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4-41a-1201, as enacted by Laws of Utah 2023, Chapter 273
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4-41a-1202, as last amended by Laws of Utah 2024, Chapters 217, 240
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4-41a-1203, as renumbered and amended by Laws of Utah 2023, Chapters 273, 307 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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4-41a-1206, as enacted by Laws of Utah 2024, Chapter 238
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26B-1-435, as last amended by Laws of Utah 2024, Chapters 238, 240
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26B-4-201, as last amended by Laws of Utah 2024, Chapters 217, 240
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26B-4-202, as last amended by Laws of Utah 2024, Chapters 217, 240
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26B-4-214, as last amended by Laws of Utah 2024, Chapter 240
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26B-4-222, as last amended by Laws of Utah 2024, Chapter 240
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26B-4-243, as enacted by Laws of Utah 2023, Chapter 281
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26B-4-247, as enacted by Laws of Utah 2023, Chapter 273
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63I-2-204, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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63I-2-226, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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63I-2-236, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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ENACTS:
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4-41a-1006, Utah Code Annotated 1953
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REPEALS:
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4-41a-801.1, as renumbered and amended by Laws of Utah 2023, Chapters 273, 307 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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26B-4-236, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
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and amended by Laws of Utah 2023, Chapter 307 and last amended by Coordination Clause,
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Laws of Utah 2023, Chapter 307
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 4-41a-102 is amended to read:
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4-41a-102 . Definitions.
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As used in this chapter:
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(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be
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injurious to health, including:
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(a) pesticides;
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(b) heavy metals;
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(c) solvents;
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(d) microbial life;
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(e) artificially derived cannabinoid;
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(f) toxins; or
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(g) foreign matter.
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(2) "Advertise" or "advertising" means information provided by a person in any medium:
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(a) to the public; and
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(b) that is not age restricted to an individual who is at least 21 years old.
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(3) "Advisory board" means the Medical Cannabis Policy Advisory Board created in
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Section 26B-1-435.
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(4)(a) "Anticompetitive business practice" means any practice that reduces the amount
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of competition in the medical cannabis market that would be considered an attempt to
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monopolize, as defined in Section 76-10-3103.
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(b) "Anticompetitive business practice" may include:
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(i) agreements that may be considered unreasonable when competitors interact to the
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extent that they are:
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(A) no longer acting independently; or
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(B) when collaborating are able to wield market power together;
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(ii) monopolizing or attempting to monopolize trade by:
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(A) acting to maintain or acquire a dominant position in the market; or
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(B) preventing new entry into the market; or
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(iii) other conduct outlined in rule.
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(5)(a) "Artificially derived cannabinoid" means a chemical substance that is created by a
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chemical reaction that changes the molecular structure of any chemical substance
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derived from the cannabis plant.
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(b) "Artificially derived cannabinoid" does not include:
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(i) a naturally occurring chemical substance that is separated from the cannabis plant
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by a chemical or mechanical extraction process; or
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(ii) a cannabinoid that is produced by decarboxylation from a naturally occurring
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cannabinoid acid without the use of a chemical catalyst.
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(6) "Batch" means a quantity of:
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(a) cannabis extract produced on a particular date and time and produced between
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completion of equipment and facility sanitation protocols until the next required
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sanitation cycle during which lots of cannabis are used;
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(b) cannabis product produced on a particular date and time and produced between
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completion of equipment and facility sanitation protocols until the next required
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sanitation cycle during which cannabis extract is used; or
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(c) cannabis flower packaged on a particular date and time and produced between
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completion of equipment and facility sanitation protocols until the next required
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sanitation cycle during which lots of cannabis are being used.
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[(6)] (7) "Cannabis Research Review Board" means the Cannabis Research Review Board
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created in Section 26B-1-420.
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[(7)] (8) "Cannabis" means the same as that term is defined in Section 26B-4-201.
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[(8)] (9) "Cannabis concentrate" means:
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(a) the product of any chemical or physical process applied to naturally occurring
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biomass that concentrates or isolates the cannabinoids contained in the biomass; and
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(b) any amount of a natural cannabinoid or artificially derived cannabinoid in an
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artificially derived cannabinoid's purified state.
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[(9)] (10) "Cannabis cultivation byproduct" means any portion of a cannabis plant that is not
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intended to be sold as a cannabis plant product.
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[(10)] (11) "Cannabis cultivation facility" means a person that:
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(a) possesses cannabis;
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(b) grows or intends to grow cannabis; and
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(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis
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processing facility, or a medical cannabis research licensee.
138 [(11)] (12) "Cannabis cultivation facility agent" means an individual who
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holds a valid cannabis production establishment agent registration card with a cannabis
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cultivation facility designation.
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[(12)] (13) "Cannabis derivative product" means a product made using cannabis concentrate.
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[(13)] (14) "Cannabis plant product" means any portion of a cannabis plant intended to be
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sold in a form that is recognizable as a portion of a cannabis plant.
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[(14)] (15) "Cannabis processing facility" means a person that:
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(a) acquires or intends to acquire cannabis from a cannabis production establishment;
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(b) possesses cannabis with the intent to manufacture a cannabis product;
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(c) manufactures or intends to manufacture a cannabis product from unprocessed
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cannabis or a cannabis extract; and
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(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a
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medical cannabis research licensee.
151 [(15)] (16) "Cannabis processing facility agent" means an individual who
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holds a valid cannabis production establishment agent registration card with a cannabis
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processing facility designation.
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[(16)] (17) "Cannabis product" means the same as that term is defined in Section 26B-4-201.
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[(17)] (18) "Cannabis production establishment" means a cannabis cultivation facility, a
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cannabis processing facility, or an independent cannabis testing laboratory.
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[(18)] (19) "Cannabis production establishment agent" means a cannabis cultivation facility
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agent, a cannabis processing facility agent, or an independent cannabis testing laboratory
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agent.
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[(19)] (20) "Cannabis production establishment agent registration card" means a registration
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card that the department issues that:
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(a) authorizes an individual to act as a cannabis production establishment agent; and
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(b) designates the type of cannabis production establishment for which an individual is
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authorized to act as an agent.
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[(20)] (21) "Closed-door medical cannabis pharmacy" means a facility operated by a home
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delivery medical cannabis pharmacy for delivering [cannabis or a medical cannabis
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product] medical cannabis.
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[(21)] (22) "Community location" means a public or private elementary or secondary school,
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a church, a public library, a public playground, or a public park.
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[(22)] (23) "Cultivation space" means, quantified in square feet, the horizontal area in which
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a cannabis cultivation facility cultivates cannabis, including each level of horizontal area
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if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants
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above other plants in multiple levels.
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[(23)] (24) "Delivery address" means:
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(a) for a medical cannabis cardholder who is not a facility:
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(i) the medical cannabis cardholder's home address; or
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(ii) an address designated by the medical cannabis cardholder that:
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(A) is the medical cannabis cardholder's workplace; and
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(B) is not a community location; or
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(b) for a medical cannabis cardholder that is a facility, the facility's address.
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[(24)] (25) "Department" means the Department of Agriculture and Food.
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[(25)] (26) "Family member" means a parent, step-parent, spouse, child, sibling,
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step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law,
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brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
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[(26)] (27) "Government issued photo identification" means the same as that term is defined
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in Section 26B-4-201, including expired identification in accordance with Section
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26B-4-244.
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[(27)] (28) "Home delivery medical cannabis pharmacy" means a medical cannabis
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pharmacy that the department authorizes, as part of the pharmacy's license, to deliver
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medical cannabis shipments to a delivery address to fulfill electronic orders[ that the
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state central patient portal facilitates].
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[(28)] (29)(a) "Independent cannabis testing laboratory" means a person that:
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(i) conducts a chemical or other analysis of cannabis or a cannabis product; or
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(ii) acquires, possesses, and transports cannabis or a cannabis product with the intent
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to conduct a chemical or other analysis of the cannabis or cannabis product.
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(b) "Independent cannabis testing laboratory" includes a laboratory that the department
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or a research university operates in accordance with Subsection 4-41a-201(14).
198 [(29)] (30) "Independent cannabis testing laboratory agent" means an individual who
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holds a valid cannabis production establishment agent registration card with an
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independent cannabis testing laboratory designation.
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[(30)] (31) "Inventory control system" means a system described in Section 4-41a-103.
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[(31)] (32) "Licensing board" or "board" means the Cannabis Production Establishment and
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Pharmacy Licensing Advisory Board created in Section 4-41a-201.1.
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[(32)] (33) "Medical cannabis" or "medical cannabis product" means the same as that term is
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defined in Section 26B-4-201.
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[(33)] (34) "Medical cannabis card" means the same as that term is defined in Section
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26B-4-201.
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[(34)] (35) "Medical cannabis courier" means a courier that:
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(a) the department licenses in accordance with Section 4-41a-1201; and
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(b) contracts with a home delivery medical cannabis pharmacy to deliver medical
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cannabis shipments to fulfill electronic orders[ that the state central patient portal
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facilitates].
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[(35)] (36) "Medical cannabis courier agent" means an individual who:
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(a) is an employee of a medical cannabis courier; and
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(b) who holds a valid medical cannabis courier agent registration card.
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[(36)] (37) "Medical cannabis pharmacy" means the same as that term is defined in Section
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26B-4-201.
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[(37)] (38) "Medical cannabis pharmacy agent" means the same as that term is defined in
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Section 26B-4-201.
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[(38)] (39) "Medical cannabis research license" means a license that the department issues to
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a research university for the purpose of obtaining and possessing medical cannabis for
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academic research.
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[(39)] (40) "Medical cannabis research licensee" means a research university that the
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department licenses to obtain and possess medical cannabis for academic research, in
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accordance with Section 4-41a-901.
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[(40)] (41) "Medical cannabis shipment" means a shipment of medical cannabis that a home
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delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery
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address to fulfill an electronic medical cannabis order[ that the state central patient portal
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facilitates].
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[(41)] (42) "Medical cannabis treatment" means the same as that term is defined in Section
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26B-4-201.
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[(42)] (43) "Medicinal dosage form" means the same as that term is defined in Section
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26B-4-201.
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(44) "Patient product information insert" means the same as that term is defined in Section
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26B-4-201.
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[(43)] (45) "Pharmacy ownership limit" means an amount equal to 30% of the total number
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of medical cannabis pharmacy licenses issued by the department rounded down to the
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nearest whole number.
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[(44)] (46) "Pharmacy medical provider" means the same as that term is defined in Section
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26B-4-201.
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[(45)] (47) "Qualified medical provider" means the same as that term is defined in Section
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26B-4-201.
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[(46)] (48) "Qualified Production Enterprise Fund" means the fund created in Section
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4-41a-104.
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[(47)] (49) "Recommending medical provider" means the same as that term is defined in
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Section 26B-4-201.
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[(48)] (50) "Research university" means the same as that term is defined in Section
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53B-7-702 and a private, nonprofit college or university in the state that:
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(a) is accredited by the Northwest Commission on Colleges and Universities;
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(b) grants doctoral degrees; and
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(c) has a laboratory containing or a program researching a schedule I controlled
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substance described in Section 58-37-4.
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[(49)] (51) "State electronic verification system" means the system described in Section
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26B-4-202.
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[(50)] (52) "Targeted marketing" means the promotion of [a cannabis product,] medical
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cannabis, a medical cannabis brand, or a medical cannabis device using any of the
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following methods:
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(a) electronic communication to an individual who is at least 21 years old and has
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requested to receive promotional information;
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(b) an in-person marketing event that is:
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(i) held inside a medical cannabis pharmacy; and
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(ii) in an area where only a medical cannabis cardholder may access the event;
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(c) other marketing material that is physically available or digitally displayed in a
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medical cannabis pharmacy; or
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(d) a leaflet a medical cannabis pharmacy places in the opaque package or box that is
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provided to an individual when obtaining medical cannabis:
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(i) in the medical cannabis pharmacy;
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(ii) at the medical cannabis pharmacy's drive-through pick up window; or
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(iii) in a medical cannabis shipment.
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[(51)] (53) "Tetrahydrocannabinol" or "THC" means the same as that term is defined in
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Section 4-41-102.
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[(52)] (54) "THC analog" means the same as that term is defined in Section 4-41-102.
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[(53)] (55) "Total composite tetrahydrocannabinol" means all detectable forms of
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tetrahydrocannabinol.
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[(54)] (56) "Total tetrahydrocannabinol" or "total THC" means the same as that term is
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defined in Section 4-41-102.
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Section 2. Section 4-41a-110 is amended to read:
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4-41a-110 . Department coordination.
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The department shall:
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(1) provide draft rules made under this chapter to:
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(a) the advisory board for the advisory board's review; and
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(b) the Medical Cannabis Governance Structure Working Group created in Section
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36-12-8.2;
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(2) consult with the advisory board before issuing an additional:
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(a) cultivation facility license under Section 4-41a-205; or
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(b) pharmacy license under Section 4-41a-1005;
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(3) consult with the advisory board regarding fees set by the department that pertain to the
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medical cannabis program; and
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(4) when appropriate, consult with the advisory board regarding issues that arise in the
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medical cannabis program.
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Section 3. Section 4-41a-205 is amended to read:
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4-41a-205 . Number of licenses -- Cannabis cultivation facilities -- Cannabis
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processing facilities.
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(1) Except as provided in Subsection (2)(a), the department shall issue at least five but not
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more than eight licenses to operate a cannabis cultivation facility.
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(2)(a) The department may issue a number of licenses to operate a cannabis cultivation
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facility that, in addition to the licenses described in Subsection (1), does not cause the
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total number of licenses to exceed 15 if the department determines, in consultation
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with the Department of Health and Human Services and after an annual or more
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frequent analysis of the current and anticipated market for medical cannabis, that
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each additional license is necessary to provide an adequate supply, quality, or variety
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of medical cannabis to medical cannabis cardholders.
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(b) If the recipient of one of the initial licenses described in Subsection (1) ceases
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operations for any reason or otherwise abandons the license, the department may but
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is not required to grant the vacant license to another applicant based on an analysis as
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described in Subsection (2)(a).
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(3) If there are more qualified applicants than the number of available licenses for cannabis
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cultivation facilities under Subsections (1) and (2), the department shall evaluate the
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applicants and award the limited number of licenses described in Subsections (1) and (2)
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to the applicants that best demonstrate:
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(a) experience with establishing and successfully operating a business that involves:
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(i) complying with a regulatory environment;
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(ii) tracking inventory; and
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(iii) training, evaluating, and monitoring employees;
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(b) an operating plan that will best ensure the safety and security of patrons and the
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community;
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(c) positive connections to the local community; and
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(d) the extent to which the applicant can increase efficiency and reduce the cost to
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patients of medical cannabis.
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(4) The department may conduct a face-to-face interview with an applicant for a license that
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the department evaluates under Subsection (3).
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(5) The licensing board may not issue more than 18 cannabis processing facility licenses.
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Section 4. Section 4-41a-403 is amended to read:
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4-41a-403 . Advertising.
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(1) Except as provided in this section and Section 4-41a-604, a cannabis production
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establishment may not advertise to the general public in any medium.
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(2) A cannabis production establishment may advertise an employment opportunity at the
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cannabis production establishment.
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(3)(a) A cannabis production establishment may maintain a website that:
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[(a)] (i) contains information about the establishment and employees; and
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[(b)] (ii) except as provided in Subsection (3)(b), does not advertise any medical
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cannabis, cannabis products, or medical cannabis devices.
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(b) A cannabis processing facility may:
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(i) if the website has age verification mechanisms that effectively prevent access by
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individuals under 21 years of age, maintain a website that contains:
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(A) educational information regarding medical cannabis produced by the cannabis
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processing facility, including the certificate of analysis that is created by an
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independent cannabis testing facility; and
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(B) where medical cannabis produced by the cannabis processing facility may be
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purchased in the state; and
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(ii) engage in targeted marketing in accordance with Section 4-41a-604 for
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advertising a particular medical cannabis product, medical cannabis device, or
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medical cannabis brand.
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(4)(a) Notwithstanding any municipal or county ordinance prohibiting signage, a
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cannabis production establishment may use signage on the outside of the cannabis
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production establishment that:
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(i) includes only:
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(A) in accordance with Subsection (4)(b), the cannabis production establishment's
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name, logo, and hours of operation; and
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(B) a green cross; and
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(ii) complies with local ordinances regulating signage.
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(b) The department shall define standards for a cannabis production establishment's
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name and logo to ensure a medical rather than recreational disposition.
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(5)(a) A cannabis production establishment may hold an educational event for the public
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or medical providers in accordance with this Subsection (5) and the rules described in
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Subsection (5)(c).
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(b) A cannabis production establishment may not include in an educational event
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described in Subsection (5)(a):
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(i) any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2,
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Cannabinoid Research and Medical Cannabis;
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(ii) any gift items or merchandise other than educational materials, as those terms are
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defined by the department;
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(iii) any marketing for a specific product from the cannabis production establishment
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or any other statement, claim, or information that would violate the federal Food,
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Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or
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(iv) a presenter other than the following:
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(A) a cannabis production establishment agent;
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(B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
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(C) an advanced practice registered nurse licensed under Title 58, Chapter 31b,
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Nurse Practice Act;
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(D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
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Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
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(E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
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Assistant Act; or
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(F) a state employee.
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(c) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, to define the elements of and restrictions on the
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educational event described in Subsection (5)(a), including a minimum age of 21
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years old for attendees.
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Section 5. Section 4-41a-501 is amended to read:
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4-41a-501 . Cannabis cultivation facility -- Operating requirements.
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(1) A cannabis cultivation facility shall ensure that any cannabis growing at the cannabis
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cultivation facility is not visible from the ground level of the cannabis cultivation facility
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perimeter.
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(2) A cannabis cultivation facility shall use a unique identifier that is connected to the
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facility's inventory control system to identify:
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(a) beginning at the time a cannabis plant is eight inches tall and has a root ball, each
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cannabis plant;
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(b) each unique harvest of cannabis plants;
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(c) each batch of cannabis the facility transfers to a medical cannabis pharmacy, a
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cannabis processing facility, or an independent cannabis testing laboratory; and
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(d) any excess, contaminated, or deteriorated cannabis of which the cannabis cultivation
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facility disposes.
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(3) A cannabis cultivation facility shall identify cannabis biomass as cannabis byproduct or
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cannabis plant product before transferring the cannabis biomass from the facility.
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(4) A cannabis cultivation facility shall either:
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(a) ensure that a cannabis processing facility chemically or physically processes
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cannabis cultivation byproduct to produce a cannabis concentrate for incorporation
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into cannabis derivative products; or
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(b) destroy cannabis cultivation byproduct in accordance with Section 4-41a-405.
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(5) A cannabis cultivation facility may utilize radiation-based methods and equipment for
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quality assurance or remediation purposes.
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(6) The department shall make rules establishing:
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(a) the records a cannabis cultivation facility must keep regarding each batch, amount of
405
product treated, and the methods used; and
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(b) disclosure requirements to a cannabis processor receiving the material subject to the
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radiation including the methods and equipment used.
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Section 6. Section 4-41a-701 is amended to read:
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4-41a-701 . Cannabis and cannabis product testing.
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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department may make rules to:
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(a) determine required adulterant tests for a cannabis plant product, cannabis
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concentrate, or cannabis product;
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(b) determine the amount of any adulterant that is safe for human consumption;
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(c) immediately ban or limit the presence of any ingredient in a medical cannabis
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product after receiving a recommendation to do so from a public health authority
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under Section 26B-1-102;
418
(d) establish protocols for a recall of [cannabis or a cannabis product] medical cannabis
419
by a cannabis production establishment; or
420
(e) allow the propagation of testing results forward to derived product if the processing
421
steps the cannabis production establishment uses to produce the product are unlikely
422
to change the results of the test.
423
(2)(a) The department may require testing for a toxin if:
424
[(a)] (i) the department receives information indicating the potential presence of a
425
toxin; or
426
[(b)] (ii) the department's inspector has reason to believe a toxin may be present based
427
on the inspection of a facility.
428
(b) The department may not require a cannabis processor to test a cannabis batch or a
429
cannabis product batch a third time if the cannabis batch or cannabis product has
430
previously met all testing requirements after being tested by:
431
(i) an independent cannabis testing laboratory that is not the department; and
432
(ii) the department.
433
(3)(a) A cannabis production establishment may not:
434
(i) incorporate cannabis concentrate into a cannabis derivative product until an
435
independent cannabis testing laboratory tests the cannabis concentrate in
436
accordance with department rule; or
- 13 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
437
(ii) transfer cannabis or a cannabis product to a medical cannabis pharmacy until an
438
independent cannabis testing laboratory tests a representative sample of the
439
cannabis or cannabis product in accordance with department rule.
440
(b) A medical cannabis pharmacy may not offer any cannabis or cannabis product for
441
sale unless an independent cannabis testing laboratory has tested a representative
442
sample of the cannabis or cannabis product in accordance with department rule.
443
(4) Before the sale of a medical cannabis product, an independent cannabis testing
444
laboratory shall:
445
(a) identify and quantify any cannabinoid known to be present in [a] the medical
446
cannabis product; and
447
(b) test terpene profiles for the following products:
448
(i) raw cannabis; or
449
(ii) a cannabis product:
450
(A) contained in a vaporizer cartridge; or
451
(B) in concentrate form; and
452
(c) record the five highest terpene profiles tested under Subsection (4)(b).
453
(5) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah
454
Administrative Rulemaking Act, the standards, methods, practices, and procedures for
455
the testing of cannabis and cannabis products by independent cannabis testing
456
laboratories.
457
(6) The department may require an independent cannabis testing laboratory to participate in
458
a proficiency evaluation that the department conducts or that an organization that the
459
department approves conducts.
460
Section 7. Section 4-41a-801 is amended to read:
461
4-41a-801 . Enforcement -- Fine -- Citation.
462
(1)(a) If a person that is a cannabis production establishment[ or] , a cannabis production
463
establishment agent, a medical cannabis pharmacy, a medical cannabis pharmacy
464
agent, or a medical cannabis courier violates this chapter, the department may:
465
[(a)] (i) revoke the person's license or [cannabis production establishment ]agent
466
registration card;
467
[(b)] (ii) decline to renew the person's license or [cannabis production establishment ]
468
agent registration card;
469
(iii) provide a letter of concern in accordance with Subsection (10); or
470
[(c)] (iv) assess the person an administrative penalty that the department establishes
- 14 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
471
by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
472
Act.
473
(b) Except for a violation that threatens public health or for the third violation of the
474
same rule or statute in a 24-month period, the department shall issue a letter of
475
concern before taking other administrative action under this section.
476
(2) The department shall deposit an administrative penalty imposed under this section into
477
the General Fund.
478
(3)(a) The department may take an action described in Subsection (3)(b) if the
479
department concludes, upon investigation, that[, for a person that is] a cannabis
480
production establishment[ or] , a cannabis production establishment agent[:] , a
481
medical cannabis pharmacy, a medical cannabis pharmacy agent, or a medical
482
cannabis courier
483
[(i) the person] has violated the provisions of this chapter, a rule made under this
484
chapter, or an order issued under this chapter[; or] .
485
[(ii) the person produced cannabis or a cannabis product batch that contains a
486
substance, other than cannabis, that poses a significant threat to human health.]
487
(b) If the department makes the determination about a person described in Subsection
488
(3)(a), the department shall:
489
(i) issue the person a written administrative citation;
490
(ii) attempt to negotiate a stipulated settlement;
491
[(iii) seize, embargo, or destroy the cannabis or cannabis product batch;]
492
[(iv)] (iii) order the person to cease and desist from the action that creates a violation; [
493
and] or
494
[(v)] (iv) direct the person to appear before an adjudicative proceeding conducted
495
under Title 63G, Chapter 4, Administrative Procedures Act.
496
(c) If the department concludes, upon investigation, that a cannabis production
497
establishment or a cannabis production establishment agent has produced a cannabis
498
batch or a cannabis product batch that contains a substance that poses a significant
499
threat to human health, the department shall seize, embargo, or destroy the cannabis
500
batch or cannabis product batch.
501
(4) The department may, for a person subject to an uncontested citation, a stipulated
502
settlement, or a finding of a violation in an adjudicative proceeding under this section,
503
for a fine amount not already specified in law, assess the person, who is not an
504
individual, a fine of up to $5,000 per violation, in accordance with a fine schedule that
- 15 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
505
the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
506
Administrative Rulemaking Act.
507
(5) The department may not revoke a [cannabis production establishment's ]license without
508
first directing the [cannabis production establishment] licensee to appear before an
509
adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative
510
Procedures Act.
511
(6) If within [20] 30 calendar days after the day on which a department serves a citation for
512
a violation of this chapter, the person that is the subject of the citation fails to request a
513
hearing to contest the citation, the citation becomes the department's final order.
514
(7) The department may, for a person who fails to comply with a citation under this section:
515
(a) refuse to issue or renew the person's license or cannabis production establishment
516
agent registration card; or
517
(b) suspend, revoke, or place on probation the person's license or cannabis production
518
establishment registration card.
519
(8)(a) Except where a criminal penalty is expressly provided for a specific violation of
520
this chapter, if an individual:
521
(i) violates a provision of this chapter, the individual is:
522
(A) guilty of an infraction; and
523
(B) subject to a $100 fine; or
524
(ii) intentionally or knowingly violates a provision of this chapter or violates this
525
chapter three or more times, the individual is:
526
(A) guilty of a class B misdemeanor; and
527
(B) subject to a $1,000 fine.
528
(b) An individual who is guilty of a violation described in Subsection (8)(a) is not guilty
529
of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
530
conduct underlying the violation described in Subsection (8)(a).
531
(9) Nothing in this section prohibits the department from referring potential criminal
532
activity to law enforcement.
533
(10)(a) A letter of concern shall describe:
534
(i) the violation including the statute or rule being violated;
535
(ii) possible options to remedy the issue; and
536
(iii) possible consequences for not remedying the violation.
537
(b) Under a letter of concern, the department shall provide the person at least 30 days to
538
remedy the violation.
- 16 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
539
(c) If the person fails to remedy the violation described in a letter of concern, the
540
department may take other enforcement action as described in this section.
541
(d) If a letter of concern is resolved without an enforcement action being taken under
542
Subsection (10)(c), the department may not report that a letter of concern was issued
543
to the licensing board.
544
(11) An appeal of administrative action taken under this chapter shall be heard by an
545
administrative law judge as an informal proceeding in accordance with Title 63G,
546
Chapter 4, Administrative Procedures Act.
547
Section 8. Section 4-41a-802 is amended to read:
548
4-41a-802 . Report.
549
(1) At or before the November interim meeting each year, the department shall report to the
550
Health and Human Services Interim Committee on:
551
(a) the number of applications and renewal applications that the department receives
552
under this chapter;
553
(b) the number of each type of cannabis production facility that the department licenses
554
in each county;
555
(c) the amount of cannabis that licensees grow;
556
(d) the amount of cannabis that licensees manufacture into cannabis products;
557
(e) the number of licenses the department revokes under this chapter;
558
(f) the department's operation of an independent cannabis testing laboratory under
559
Section 4-41a-201, including:
560
(i) the cannabis and cannabis products the department tested; and
561
(ii) the results of the tests the department performed;
562
(g) the expenses incurred and revenues generated under this chapter; and
563
(h) an analysis of product availability in medical cannabis pharmacies in consultation
564
with the Department of Health and Human Services.
565
(2) The department may not include personally identifying information in the report
566
described in this section.
567
(3) The department shall report to the working group described in Section 36-12-8.2 as
568
requested by the working group.
569
(4)(a) Before August 1, of each year, the department shall provide a report to the
570
working group described in Section 36-12-8.2 that provides the following for each
571
fine issued by the department under this chapter:
572
(i) the date of the fine;
- 17 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
573
(ii) the reference to the statute or rule that was violated for each fine issued; and
574
(iii) a short description explaining why the fine was issued.
575
(b) The report described in Subsection (4)(a) may not include identifying information of
576
the person that was subject to the fine.
577
Section 9. Section 4-41a-1001 is amended to read:
578
4-41a-1001 . Medical cannabis pharmacy -- License -- Eligibility.
579
(1) A person may not:
580
(a) operate as a medical cannabis pharmacy without a license that the department issues
581
under this part;
582
(b) obtain a medical cannabis pharmacy license if obtaining the license would cause the
583
person to exceed the pharmacy ownership limit;
584
(c) obtain a partial ownership share of a medical cannabis pharmacy if obtaining the
585
partial ownership share would cause the person to exceed the pharmacy ownership
586
limit; or
587
(d) enter into any contract or agreement that allows the person to directly or indirectly
588
control the operations of a medical cannabis pharmacy if the person's control of the
589
medical cannabis pharmacy would cause the person to effectively exceed the
590
pharmacy ownership limit.
591
(2)(a)(i) Subject to Subsections (4) and (5) and to Section 4-41a-1005, the department
592
shall issue a license to operate a medical cannabis pharmacy through the licensing
593
board created under Section 4-41a-201.1.
594
(ii) The department may not issue a license to operate a medical cannabis pharmacy
595
to an applicant who is not eligible for a license under this section.
596
(b) An applicant is eligible for a license under this section if the applicant submits to the
597
department:
598
(i) subject to Subsection (2)(c), a proposed name and address where the applicant will
599
operate the medical cannabis pharmacy;
600
(ii) the name and address of an individual who:
601
(A) for a publicly traded company, has a financial or voting interest of 10% or
602
greater in the proposed medical cannabis pharmacy;
603
(B) for a privately held company, a financial or voting interest in the proposed
604
medical cannabis pharmacy; or
605
(C) has the power to direct or cause the management or control of a proposed
606
medical cannabis pharmacy;
- 18 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
607
(iii) for each application that the applicant submits to the department, a statement
608
from the applicant that the applicant will obtain and maintain:
609
(A) a performance bond in the amount of $100,000 issued by a surety authorized
610
to transact surety business in the state; or
611
(B) a liquid cash account in the amount of $100,000 with a financial institution;
612
(iv) an operating plan that:
613
(A) complies with Section 4-41a-1004;
614
(B) includes operating procedures to comply with the operating requirements for a
615
medical cannabis pharmacy described in this part and with a relevant municipal
616
or county law that is consistent with Section 4-41a-1106; and
617
(C) the department approves;
618
(v) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
619
department sets in accordance with Section 63J-1-504; and
620
(vi) a description of any investigation or adverse action taken by any licensing
621
jurisdiction, government agency, law enforcement agency, or court in any state for
622
any violation or detrimental conduct in relation to any of the applicant's
623
cannabis-related operations or businesses.
624
(c)(i) A person may not locate a medical cannabis pharmacy:
625
(A) within 200 feet of a community location; or
626
(B) in or within 600 feet of a district that the relevant municipality or county has
627
zoned as primarily residential.
628
(ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
629
from the nearest entrance to the medical cannabis pharmacy establishment by
630
following the shortest route of ordinary pedestrian travel to the property boundary
631
of the community location or residential area.
632
(iii) The department may grant a waiver to reduce the proximity requirements in
633
Subsection (2)(c)(i) by up to 20% if the department determines that it is not
634
reasonably feasible for the applicant to cite the proposed medical cannabis
635
pharmacy without the waiver.
636
(iv) An applicant for a license under this section shall provide evidence of
637
compliance with the proximity requirements described in Subsection (2)(c)(i).
638
(d) The department may not issue a license to an eligible applicant that the department
639
has selected to receive a license until the selected eligible applicant complies with the
640
bond or liquid cash requirement described in Subsection (2)(b)(iii).
- 19 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
641
(e) If the department receives more than one application for a medical cannabis
642
pharmacy within the same city or town, the department shall consult with the local
643
land use authority before approving any of the applications pertaining to that city or
644
town.
645
(f) In considering the issuance of a medical cannabis pharmacy license under this
646
section, the department may consider the extent to which the pharmacy can increase
647
efficiency and reduce cost to patients of medical cannabis.
648
[(3) If the department selects an applicant ]
649
(3)(a) After an entity has been selected for a medical cannabis pharmacy license under
650
this section, the department shall:
651
[(a)] (i) charge the applicant an initial license fee in an amount that, subject to
652
Subsection 4-41a-104(5), the department sets in accordance with Section
653
63J-1-504;
654
[(b)] (ii) notify the Department of Public Safety of the license approval and the names
655
of each individual described in Subsection (2)(b)(ii); and
656
[(c)] (iii) charge the licensee a fee in an amount that, subject to Subsection 4-41a-104
657
(5), the department sets in accordance with Section 63J-1-504, for any change in
658
location, ownership, or company structure.
659
(b) For a fee described in Subsection (3)(a)(i), a license fee for a medical cannabis
660
pharmacy located in a medically underserved area as determined by the federal
661
Health Resources and Services Administration shall be 50% less than what is charged
662
for other medical cannabis pharmacies.
663
(4) The department may not issue a license to operate a medical cannabis pharmacy to an
664
applicant if an individual described in Subsection (2)(b)(ii):
665
(a) has been convicted under state or federal law of:
666
(i) a felony in the preceding 10 years; or
667
(ii) after December 3, 2018, a misdemeanor for drug distribution;
668
(b) is younger than 21 years old; or
669
(c) after September 23, 2019, until January 1, 2023, is actively serving as a legislator.
670
(5)[(a)] If an applicant for a medical cannabis pharmacy license under this section holds
671
another license under this chapter, the department may not give preference to the
672
applicant based on the applicant's status as a holder of the license.
673
[(b) If an applicant for a medical cannabis pharmacy license under this section holds a
674
license to operate a cannabis cultivation facility under this section, the department
- 20 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
675
may give consideration to the applicant's status as a holder of the license if:]
676
[(i) the applicant demonstrates that a decrease in costs to patients is more likely to
677
result from the applicant's vertical integration than from a more competitive
678
marketplace; and]
679
[(ii) the department finds multiple other factors, in addition to the existing license,
680
that support granting the new license.]
681
(6) The licensing board may revoke a license under this part:
682
(a) if the medical cannabis pharmacy does not begin operations within one year after the
683
day on which the department issues an announcement of the department's intent to
684
award a license to the medical cannabis pharmacy;
685
(b) after the third the same violation of this chapter in any of the licensee's licensed
686
cannabis production establishments or medical cannabis pharmacies;
687
(c) if an individual described in Subsection (2)(b)(ii) is convicted, while the license is
688
active, under state or federal law of:
689
(i) a felony; or
690
(ii) after December 3, 2018, a misdemeanor for drug distribution;
691
(d) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at
692
the time of application, or fails to supplement the information described in
693
Subsection (2)(b)(vi) with any investigation or adverse action that occurs after the
694
submission of the application within 14 calendar days after the licensee receives
695
notice of the investigation or adverse action;
696
(e) if the medical cannabis pharmacy demonstrates a willful or reckless disregard for the
697
requirements of this chapter or the rules the department makes in accordance with
698
this chapter;
699
(f) if, after a change of ownership described in Subsection (11)(c), the department
700
determines that the medical cannabis pharmacy no longer meets the minimum
701
standards for licensure and operation of the medical cannabis pharmacy described in
702
this chapter; or
703
(g) if through an investigation conducted under Subsection 4-41a-201.1(11) and in
704
accordance with Title 63G, Chapter 4, Administrative Procedures Act, the board
705
finds that the licensee has participated in anticompetitive business practices.
706
(7)(a) A person who receives a medical cannabis pharmacy license under this chapter, if
707
the municipality or county where the licensed medical cannabis pharmacy will be
708
located requires a local land use permit, shall submit to the department a copy of the
- 21 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
709
licensee's approved application for the land use permit within 120 days after the day
710
on which the department issues the license.
711
(b) If a licensee fails to submit to the department a copy the licensee's approved land use
712
permit application in accordance with Subsection (7)(a), the department may revoke
713
the licensee's license.
714
(8) The department shall deposit the proceeds of a fee imposed by this section into the
715
Qualified Production Enterprise Fund.
716
(9) The department shall begin accepting applications under this part on or before March 1,
717
2020.
718
(10)(a) The department's authority to issue a license under this section is plenary and is
719
not subject to review.
720
(b) Notwithstanding Subsection (2), the decision of the department to award a license to
721
an applicant is not subject to:
722
(i) Title 63G, Chapter 6a, Part 16, Protests; or
723
(ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
724
(11)(a) A medical cannabis pharmacy license is not transferrable or assignable.
725
(b) A medical cannabis pharmacy shall report in writing to the department no later than
726
10 business days before the date of any change of ownership of the medical cannabis
727
pharmacy.
728
(c) If the ownership of a medical cannabis pharmacy changes by 50% or more:
729
(i) concurrent with the report described in Subsection (11)(b), the medical cannabis
730
pharmacy shall submit a new application described in Subsection (2)(b), subject to
731
Subsection (2)(c);
732
(ii) within 30 days of the submission of the application, the department shall:
733
(A) conduct an application review; and
734
(B) award a license to the medical cannabis pharmacy for the remainder of the
735
term of the medical cannabis pharmacy's license before the ownership change
736
if the medical cannabis pharmacy meets the minimum standards for licensure
737
and operation of the medical cannabis pharmacy described in this chapter; and
738
(iii) if the department approves the license application, notwithstanding Subsection
739
(3), the medical cannabis pharmacy shall pay a license fee that the department sets
740
in accordance with Section 63J-1-504 in an amount that covers the department's
741
cost of conducting the application review.
742
Section 10. Section 4-41a-1003 is amended to read:
- 22 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
743
4-41a-1003 . Renewal - Notice of available license.
744
(1)(a) The department shall renew a license [under Sections 4-41a-1001 through
745
4-41a-1005] issued under this part every year if, at the time of renewal:
746
[(a)] (i) the licensee meets the requirements of Section 4-41a-1001;
747
[(b)] (ii) the licensee pays the department a license renewal fee in an amount that,
748
subject to Subsection 4-41a-1004(5), the department sets in accordance with
749
Section 63J-1-504; and
750
[(c)] (iii) if the medical cannabis pharmacy changes the operating plan described in
751
Section 4-41a-1004 that the department approved under Subsection
752
4-41a-1001(2)(b)(iv), the department approves the new operating plan.
753
(b) A license fee for a medical cannabis pharmacy located in a county of the third,
754
fourth, fifth, or sixth class shall be 50% less than what is charged for other medical
755
cannabis pharmacies.
756
(2)(a) If a licensed medical cannabis pharmacy abandons the medical cannabis
757
pharmacy's license, the department shall publish notice of an available license[ ], for
758
the geographic area in which the medical cannabis pharmacy license is available, as a
759
class A notice under Section 63G-30-102, for at least seven days.
760
(b) The department may establish criteria, in collaboration with the Division of
761
Professional Licensing and the Board of Pharmacy and in accordance with Title 63G,
762
Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis
763
pharmacy actions that constitute abandonment of a medical cannabis pharmacy
764
license.
765
(3) If the department has not completed the necessary processes to make a determination on
766
a license renewal under Subsections (1)(a) and (c) before the expiration of a license, the
767
department may issue a conditional medical cannabis pharmacy license to a licensed
768
medical cannabis pharmacy that has applied for license renewal under this section and
769
paid the fee described in Subsection (1)(b).
770
Section 11. Section 4-41a-1005 is amended to read:
771
4-41a-1005 . Maximum number of licenses.
772
(1)(a) [Except as provided in Subsection (1)(b) or (d), if a sufficient number of
773
applicants apply, the department] The licensing board shall issue up to [15] 17 medical
774
cannabis pharmacy licenses in accordance with this section including the two medical
775
cannabis pharmacy licenses in accordance with Section 4-41a-1006.
776
[(b) If an insufficient number of qualified applicants apply for the available number of
- 23 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
777
medical cannabis pharmacy licenses, the department shall issue a medical cannabis
778
pharmacy license to each qualified applicant.]
779
[(c) The department may issue the licenses described in Subsection (1)(a) in accordance
780
with this Subsection (1)(c).]
781
[(i) Using one procurement process, the department may issue eight licenses to an
782
initial group of medical cannabis pharmacies and six licenses to a second group of
783
medical cannabis pharmacies.]
784
[(ii) The department shall:]
785
[(A) divide the state into no less than four geographic regions, set by the
786
department in rule;]
787
[(B) issue at least one license in each geographic region during each phase of
788
issuing licenses; and]
789
[(C) complete the process of issuing medical cannabis pharmacy licenses no later
790
than July 1, 2020.]
791
[(iii) In issuing a 15th license under Subsection (1), the department shall ensure that
792
the license recipient will locate the medical cannabis pharmacy within Dagget,
793
Duchesne, Uintah, Carbon, Sevier, Emery, Grand, or San Juan County.]
794
[(d)(i) The department may issue licenses to operate a medical cannabis pharmacy in
795
addition to the licenses described in Subsection (1)(a) if the department
796
determines, in consultation with the Department of Health and Human Services
797
and after an annual or more frequent analysis of the current and anticipated market
798
for medical cannabis, that each additional license is necessary to provide an
799
adequate supply, quality, or variety of medical cannabis to medical cannabis
800
cardholders.]
801
[(ii) The department shall:]
802
[(A) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
803
Act, make rules to establish criteria and processes for the consultation,
804
analysis, and application for a license described in Subsection (1)(d)(i); and]
805
[(B) report to the Executive Appropriations Committee of the Legislature before
806
each time the department issues an additional license under Subsection
807
(1)(d)(i) regarding the results of the consultation and analysis described in
808
Subsection (1)(d)(i) and the application of the criteria described in Subsection
809
(1)(d)(ii)(A).]
810
(2)(a) [If there are more qualified applicants than there are available licenses for medical
- 24 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
811
cannabis pharmacies, the department] The licensing board shall:
812
(i) evaluate each applicant and award the license to the applicant that best
813
demonstrates:
814
(A) experience with establishing and successfully operating a business that
815
involves complying with a regulatory environment, tracking inventory, and
816
training, evaluating, and monitoring employees;
817
(B) an operating plan that will best ensure the safety and security of patrons and
818
the community;
819
(C) positive connections to the local community;
820
(D) the suitability of the proposed location and the location's accessibility for
821
qualifying patients;
822
(E) the extent to which the applicant can increase efficiency and reduce the cost of
823
medical cannabis for patients; and
824
(F) a strategic plan described in Subsection 4-41a-1004(7) that has a
825
comparatively high likelihood of success; and
826
(ii) ensure a geographic dispersal among licensees that is sufficient to reasonably
827
maximize access to the largest number of medical cannabis cardholders.
828
(b) In making the evaluation described in Subsection (2)(a), the licensing board may
829
give increased consideration to applicants who indicate a willingness to:
830
(i) site a medical cannabis pharmacy in an area or population center designated as a
831
medically underserved area or population as determined by the federal Health
832
Resources and Services Administration; and
833
(ii) operate as a home delivery medical cannabis pharmacy that accepts electronic
834
medical cannabis orders.
835
[(b) In making the evaluation described in Subsection (2)(a), the department may give
836
increased consideration to applicants who indicate a willingness to:]
837
[(i) operate as a home delivery medical cannabis pharmacy that accepts electronic
838
medical cannabis orders that the state central patient portal facilitates; and]
839
[(ii) accept payments through:]
840
[(A) a payment provider that the Division of Finance approves, in consultation
841
with the state treasurer, in accordance with Section 4-41a-108; or]
842
[(B) a financial institution in accordance with Subsection 4-41a-108(4).]
843
(3) The [department] licensing board may conduct a face-to-face interview with an applicant
844
for a license that the [department] licensing board evaluates under Subsection (2).
- 25 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
845
Section 12. Section 4-41a-1006 is enacted to read:
846
4-41a-1006 . Independent medical cannabis licenses.
847
(1)(a) Subject to the requirements of Subsection (3) and the criteria established for
848
obtaining a medical cannabis pharmacy license under this chapter, the licensing
849
board shall:
850
(i) before January 1, 2026, select one entity to receive a medical cannabis pharmacy
851
license; and
852
(ii) before January 1, 2027, but not before January 1, 2026, select one entity to
853
receive a medical cannabis pharmacy license.
854
(b) When selecting entities under this section, if there is a conflict between the criteria
855
established for obtaining a medical cannabis pharmacy license under the other
856
sections of this chapter and this section, this section controls.
857
(2) For the license described in Subsection (1)(a)(ii), the licensing board may not select an
858
entity:
859
(a) that owns any interest in or operates a medical cannabis production establishment; or
860
(b) that is owned, partially or entirely, or operated by a medical cannabis production
861
establishment.
862
(3) The licensing board:
863
(a) may not select an entity to receive a license under this section if the entity owns a
864
financial interest in a medical cannabis pharmacy or is owned by an entity that owns
865
a financial interest in a medical cannabis pharmacy; and
866
(b) shall select an entity that will site a medical cannabis pharmacy license issued under
867
this section in an area:
868
(i) designated as a medically underserved area as determined by the federal Health
869
Resources and Services Administration; and
870
(ii) located in a county of the third, fourth, fifth, or sixth class.
871
(4) A license described in this section may not be transferred to another entity unless that
872
entity meets the requirements of Subsections (2) and (3) that the transferring entity met
873
when obtaining the license.
874
(5) Notwithstanding Subsection (4), for a license described in Subsection (1)(a)(i), an
875
applicant shall commit to not alienating or otherwise transferring control of the license
876
or of the entity that holds the license to another person for at least 15 years from the day
877
the license is issued under this chapter.
878
(6) The department shall provide regular updates to the Medical Cannabis Governance
- 26 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
879
Structure Working Group created in Section 36-12-8.2 regarding the application and
880
selection process for licenses issued under this section.
881
Section 13. Section 4-41a-1101 is amended to read:
882
4-41a-1101 . Operating requirements -- General.
883
(1)(a) A medical cannabis pharmacy shall operate:
884
(i) at the physical address provided to the department under Section 4-41a-1001; and
885
(ii) in accordance with the operating plan provided to the department under Section
886
4-41a-1001 and, if applicable, Section 4-41a-1004.
887
(b) A medical cannabis pharmacy shall notify the department before a change in the
888
medical cannabis pharmacy's physical address or operating plan.
889
(2) An individual may not enter a medical cannabis pharmacy unless the individual:
890
(a) is at least 18 years old or is an emancipated minor under Section 80-7-105; and
891
(b) except as provided in Subsection (4):
892
(i) possesses a valid:
893
(A) medical cannabis pharmacy agent registration card;
894
(B) pharmacy medical provider registration card; or
895
(C) medical cannabis card;
896
(ii) is an employee of the department performing an inspection under Section
897
4-41a-1103; or
898
(iii) is another individual as the department provides.
899
(3) A medical cannabis pharmacy may not employ an individual who is younger than 21
900
years old.
901
(4) Notwithstanding Subsection (2)(a), a medical cannabis pharmacy may authorize an
902
individual who is not a medical cannabis pharmacy agent or pharmacy medical provider
903
to access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and
904
monitors the individual at all times while the individual is at the medical cannabis
905
pharmacy and maintains a record of the individual's access.
906
(5) A medical cannabis pharmacy shall operate in a facility that has:
907
(a) a single, secure public entrance;
908
(b) a security system with a backup power source that:
909
(i) detects and records entry into the medical cannabis pharmacy; and
910
(ii) provides notice of an unauthorized entry to law enforcement when the medical
911
cannabis pharmacy is closed; and
912
(c) a lock on each area where the medical cannabis pharmacy stores [cannabis or a
- 27 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
913
cannabis product] medical cannabis.
914
(6) A medical cannabis pharmacy shall post, both clearly and conspicuously in the medical
915
cannabis pharmacy, the limit on the purchase of cannabis described in Subsection
916
4-41a-1102(2).
917
(7) Except for an emergency situation described in Subsection 26B-4-213(3)(c), a medical
918
cannabis pharmacy may not allow any individual to consume cannabis on the property
919
or premises of the medical cannabis pharmacy.
920
(8) A medical cannabis pharmacy may not sell [cannabis or a cannabis product] medical
921
cannabis without first indicating on the [cannabis or cannabis product] medical cannabis
922
label the name of the medical cannabis pharmacy.
923
(9)(a) Each medical cannabis pharmacy shall retain in the pharmacy's records the
924
following information regarding each recommendation underlying a transaction:
925
(i) the recommending medical provider's name, address, and telephone number;
926
(ii) the patient's name and address;
927
(iii) the date of issuance;
928
(iv) directions of use and dosing guidelines or an indication that the recommending
929
medical provider did not recommend specific directions of use or dosing
930
guidelines; and
931
(v) if the patient did not complete the transaction, the name of the medical cannabis
932
cardholder who completed the transaction.
933
(b)(i) Except as provided in Subsection (9)(b)(iii), a medical cannabis pharmacy may
934
not sell medical cannabis unless the medical cannabis has a label securely affixed
935
to the container indicating the following minimum information:
936
(A) the name, address, and telephone number of the medical cannabis pharmacy;
937
(B) the unique identification number that the medical cannabis pharmacy assigns;
938
(C) the date of the sale;
939
(D) the name of the patient;
940
(E) the name of the recommending medical provider who recommended the
941
medical cannabis treatment;
942
(F) directions for use and cautionary statements, if any;
943
(G) the amount dispensed and the cannabinoid content;
944
(H) the suggested use date;
945
(I) for unprocessed cannabis flower, the legal use termination date; and
946
(J) any other requirements that the department determines, in consultation with the
- 28 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
947
Division of Professional Licensing and the Board of Pharmacy.
948
(ii) A medical cannabis pharmacy is exempt from the requirement to provide the
949
following information under Subsection (9)(b)(i) if the information is already
950
provided on the product label that a cannabis production establishment affixes:
951
(A) a unique identification number;
952
(B) directions for use and cautionary statements;
953
(C) amount and cannabinoid content; and
954
(D) a suggested use date.
955
(iii) If the size of a medical cannabis container does not allow sufficient space to
956
include the labeling requirements described in Subsection (9)(b)(i), the medical
957
cannabis pharmacy may provide the following information described in
958
Subsection (9)(b)(i) on a supplemental label attached to the container or an
959
informational enclosure that accompanies the container:
960
(A) the cannabinoid content;
961
(B) the suggested use date; and
962
(C) any other requirements that the department determines.
963
(iv) A medical cannabis pharmacy may sell medical cannabis to another medical
964
cannabis pharmacy without a label described in Subsection (9)(b)(i).
965
(10) A pharmacy medical provider or medical cannabis pharmacy agent shall:
966
(a) upon receipt of an order from a limited medical provider in accordance with
967
Subsections 26B-4-204(1)(b) through (d):
968
(i) for a written order or an electronic order under circumstances that the department
969
determines, contact the limited medical provider or the limited medical provider's
970
office to verify the validity of the recommendation; and
971
(ii) for an order that the pharmacy medical provider or medical cannabis pharmacy
972
agent verifies under Subsection (10)(a)(i) or an electronic order that is not subject
973
to verification under Subsection (10)(a)(i), enter the limited medical provider's
974
recommendation or renewal, including any associated directions of use, dosing
975
guidelines, or caregiver indication, in the state electronic verification system;
976
(b) in processing an order for a holder of a conditional medical cannabis card described
977
in Subsection 26B-4-213(1)(b) that appears irregular or suspicious in the judgment of
978
the pharmacy medical provider or medical cannabis pharmacy agent, contact the
979
recommending medical provider or the recommending medical provider's office to
980
verify the validity of the recommendation before processing the cardholder's order;
- 29 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
981
(c) unless the medical cannabis cardholder has had a consultation under Subsection
982
26B-4-231(5), verbally offer to a medical cannabis cardholder at the time of a
983
purchase of [cannabis, a cannabis product,] medical cannabis or a medical cannabis
984
device, personal counseling with the pharmacy medical provider; and
985
(d) provide a telephone number or website by which the cardholder may contact a
986
pharmacy medical provider for counseling.
987
(11)(a) A medical cannabis pharmacy may create a medical cannabis disposal program
988
that allows an individual to deposit unused or excess medical cannabis or cannabis
989
residue from a medical cannabis device in a locked box or other secure receptacle
990
within the medical cannabis pharmacy.
991
(b) A medical cannabis pharmacy with a disposal program described in Subsection
992
(11)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy
993
medical provider can access deposited medical cannabis.
994
(c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis by:
995
(i) rendering the deposited medical cannabis unusable and unrecognizable before
996
transporting deposited medical cannabis from the medical cannabis pharmacy; and
997
(ii) disposing of the deposited medical cannabis in accordance with:
998
(A) federal and state law, rules, and regulations related to hazardous waste;
999
(B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
1000
(C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
1001
(D) other regulations that the department makes in accordance with Title 63G,
1002
Chapter 3, Utah Administrative Rulemaking Act.
1003
(12) A medical cannabis pharmacy:
1004
(a) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
1005
Practice Act, as a pharmacy medical provider;
1006
(b) may employ a physician who has the authority to write a prescription and is licensed
1007
under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
1008
Osteopathic Medical Practice Act, as a pharmacy medical provider;
1009
(c) shall ensure that a pharmacy medical provider described in Subsection (12)(a) works
1010
onsite during all business hours;
1011
(d) shall designate one pharmacy medical provider described in Subsection (12)(a) as the
1012
pharmacist-in-charge to oversee the operation of and generally supervise the medical
1013
cannabis pharmacy;[ and]
1014
(e) shall allow the pharmacist-in-charge to determine which [cannabis and cannabis
- 30 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1015
products] medical cannabis products the medical cannabis pharmacy maintains in the
1016
medical cannabis pharmacy's inventory[.] ;
1017
(f) if a patient product information insert is available, shall provide a patient who
1018
purchases a medical cannabis product the medical cannabis product's patient product
1019
information insert using any of the following methods:
1020
(i) a physical document;
1021
(ii) an email message;
1022
(iii) a text message; or
1023
(iv) a quick response code; and
1024
(g) for each medical cannabis product sold by the medical cannabis pharmacy, shall:
1025
(i) allow a medical cannabis cardholder located in the pharmacy to view the back
1026
panel of the product when requested; and
1027
(ii) beginning July 1, 2025, include a picture of the back panel of the product on the
1028
medical cannabis pharmacy's website.
1029
(13) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah
1030
Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
1031
by a medical cannabis pharmacy.
1032
Section 14. Section 4-41a-1201 is amended to read:
1033
4-41a-1201 . Medical cannabis home delivery designation.
1034
(1) The department may designate a medical cannabis pharmacy as a home delivery
1035
medical cannabis pharmacy if the department determines that the medical cannabis
1036
pharmacy's operating plan demonstrates the functional and technical ability to:
1037
(a) safely conduct transactions for medical cannabis shipments;
1038
(b) accept electronic medical cannabis orders[ that the state central patient portal
1039
facilitates]; and
1040
(c) accept payments through:
1041
(i) a payment provider that the Division of Finance approves, in consultation with the
1042
state treasurer, in accordance with Section 26-61a-603; or
1043
(ii) a financial institution in accordance with Subsection 26-61a-603(4).
1044
(2) An applicant seeking a designation as a home delivery medical cannabis pharmacy shall
1045
identify in the applicant's operating plan any information relevant to the department's
1046
evaluation described in Subsection (1), including:
1047
(a) the name and contact information of the payment provider;
1048
(b) the nature of the relationship between the prospective licensee and the payment
- 31 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1049
provider;
1050
(c) the processes of the following to safely and reliably conduct transactions for medical
1051
cannabis shipments:
1052
(i) the prospective licensee; and
1053
(ii) the electronic payment provider or the financial institution described in
1054
Subsection (1)(c); and
1055
(d) the ability of the licensee to comply with the department's rules regarding the secure
1056
transportation and delivery of medical cannabis [or medical cannabis product ]to a
1057
medical cannabis cardholder.
1058
(3) Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that
1059
the department designates as a home delivery medical cannabis pharmacy may deliver
1060
medical cannabis shipments in accordance with this part.
1061
Section 15. Section 4-41a-1202 is amended to read:
1062
4-41a-1202 . Home delivery of medical cannabis shipments -- Medical cannabis
1063
couriers -- License.
1064
(1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1065
Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home
1066
delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders[
1067
that the state central patient portal facilitates], including rules regarding the safe and
1068
controlled delivery of medical cannabis shipments.
1069
(2) A person may not operate as a medical cannabis courier without a license that the
1070
department issues under this section.
1071
(3)(a) Subject to Subsections (5) and (6), the department shall issue a license to operate
1072
as a medical cannabis courier to an applicant who is eligible for a license under this
1073
section.
1074
(b) An applicant is eligible for a license under this section if the applicant submits to the
1075
department:
1076
(i) the name and address of an individual who:
1077
(A) has a financial or voting interest of 10% or greater in the proposed medical
1078
cannabis courier; or
1079
(B) has the power to direct or cause the management or control of a proposed
1080
cannabis production establishment;
1081
(ii) an operating plan that includes operating procedures to comply with the operating
1082
requirements for a medical cannabis courier described in this chapter; and
- 32 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1083
(iii) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
1084
department sets in accordance with Section 63J-1-504.
1085
(4) If the department determines that an applicant is eligible for a license under this section,
1086
the department shall:
1087
(a) charge the applicant an initial license fee in an amount that, subject to Subsection
1088
4-41a-104(5), the department sets in accordance with Section 63J-1-504; and
1089
(b) notify the Department of Public Safety of the license approval and the names of each
1090
individual described in Subsection (3)(b)(i).
1091
(5) The department may not issue a license to operate as a medical cannabis courier to an
1092
applicant if an individual described in Subsection (3)(b)(i):
1093
(a) has been convicted under state or federal law of:
1094
(i) a felony in the preceding 10 years; or
1095
(ii) after September 23, 2019, a misdemeanor for drug distribution; or
1096
(b) is younger than 21 years old.
1097
(6) The department may revoke a license under this part if:
1098
(a) the medical cannabis courier does not begin operations within one year after the day
1099
on which the department issues the initial license;
1100
(b) the medical cannabis courier makes the same violation of this chapter three times;
1101
(c) an individual described in Subsection (3)(b)(i) is convicted, while the license is
1102
active, under state or federal law of:
1103
(i) a felony; or
1104
(ii) after September 23, 2019, a misdemeanor for drug distribution; or
1105
(d) after a change of ownership described in Subsection (14)(c), the department
1106
determines that the medical cannabis courier no longer meets the minimum standards
1107
for licensure and operation of the medical cannabis courier described in this chapter.
1108
(7) The department shall deposit the proceeds of a fee imposed by this section in the
1109
Qualified Production Enterprise Fund.
1110
(8) The department's authority to issue a license under this section is plenary and is not
1111
subject to review.
1112
(9) Each applicant for a license as a medical cannabis courier shall submit, at the time of
1113
application, from each individual who has a financial or voting interest of 10% or
1114
greater in the applicant or who has the power to direct or cause the management or
1115
control of the applicant:
1116
(a) a fingerprint card in a form acceptable to the Department of Public Safety;
- 33 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1117
(b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
1118
registration of the individual's fingerprints in the Federal Bureau of Investigation
1119
Next Generation Identification System's Rap Back Service; and
1120
(c) consent to a fingerprint background check by:
1121
(i) the Bureau of Criminal Identification; and
1122
(ii) the Federal Bureau of Investigation.
1123
(10) The Bureau of Criminal Identification shall:
1124
(a) check the fingerprints the applicant submits under Subsection (9) against the
1125
applicable state, regional, and national criminal records databases, including the
1126
Federal Bureau of Investigation Next Generation Identification System;
1127
(b) report the results of the background check to the department;
1128
(c) maintain a separate file of fingerprints that applicants submit under Subsection (9)
1129
for search by future submissions to the local and regional criminal records databases,
1130
including latent prints;
1131
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
1132
Generation Identification System's Rap Back Service for search by future
1133
submissions to national criminal records databases, including the Next Generation
1134
Identification System and latent prints; and
1135
(e) establish a privacy risk mitigation strategy to ensure that the department only
1136
receives notifications for an individual with whom the department maintains an
1137
authorizing relationship.
1138
(11) The department shall:
1139
(a) assess an individual who submits fingerprints under Subsection (9) a fee in an
1140
amount that the department sets in accordance with Section 63J-1-504 for the
1141
services that the Bureau of Criminal Identification or another authorized agency
1142
provides under this section; and
1143
(b) remit the fee described in Subsection (11)(a) to the Bureau of Criminal Identification.
1144
(12) The department shall renew a license under this section every year if, at the time of
1145
renewal:
1146
(a) the licensee meets the requirements of this section; and
1147
(b) the licensee pays the department a license renewal fee in an amount that, subject to
1148
Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504.
1149
(13) A person applying for a medical cannabis courier license shall submit to the
1150
department a proposed operating plan that complies with this section and that includes:
- 34 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1151
(a) a description of the physical characteristics of any proposed facilities, including a
1152
floor plan and an architectural elevation, and delivery vehicles;
1153
(b) a description of the credentials and experience of each officer, director, or owner of
1154
the proposed medical cannabis courier;
1155
(c) the medical cannabis courier's employee training standards;
1156
(d) a security plan; and
1157
(e) storage and delivery protocols, both short and long term, to ensure that medical
1158
cannabis shipments are stored and delivered in a manner that is sanitary and
1159
preserves the integrity of the cannabis.
1160
(14)(a) A medical cannabis courier license is not transferable or assignable.
1161
(b) A medical cannabis courier shall report in writing to the department no later than 10
1162
business days before the date of any change of ownership of the medical cannabis
1163
courier.
1164
(c) If the ownership of a medical cannabis courier changes by 50% or more:
1165
(i) concurrent with the report described in Subsection (14)(b), the medical cannabis
1166
courier shall submit a new application described in Subsection (3)(b);
1167
(ii) within 30 days of the submission of the application, the department shall:
1168
(A) conduct an application review; and
1169
(B) award a license to the medical cannabis courier for the remainder of the term
1170
of the medical cannabis courier's license before the ownership change if the
1171
medical cannabis courier meets the minimum standards for licensure and
1172
operation of the medical cannabis courier described in this chapter; and
1173
(iii) if the department approves the license application, notwithstanding Subsection
1174
(4), the medical cannabis courier shall pay a license fee that the department sets in
1175
accordance with Section 63J-1-504 in an amount that covers the board's cost of
1176
conducting the application review.
1177
(15)(a) Except as provided in Subsection(15)(b), a person may not advertise regarding
1178
the transportation of medical cannabis.
1179
(b) Notwithstanding Subsection (14)(a) and subject to Section 4-41a-109, a licensed
1180
home delivery medical cannabis pharmacy or a licensed medical cannabis courier
1181
may advertise:
1182
(i) a green cross;
1183
(ii) the pharmacy's or courier's name and logo; and
1184
(iii) that the pharmacy or courier is licensed to transport medical cannabis shipments.
- 35 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1185
Section 16. Section 4-41a-1203 is amended to read:
1186
4-41a-1203 . Medical cannabis shipment transportation.
1187
(1) The department shall ensure that each home delivery medical cannabis pharmacy is
1188
capable of delivering, directly or through a medical cannabis courier, medical cannabis
1189
shipments in a secure manner.
1190
(2)(a) A home delivery medical cannabis pharmacy may contract with a licensed
1191
medical cannabis courier to deliver medical cannabis shipments to fulfill electronic
1192
medical cannabis orders[ that the state central patient portal facilitates].
1193
(b) If a home delivery medical cannabis pharmacy enters into a contract described in
1194
Subsection (2)(a), the pharmacy shall:
1195
(i) impose security and personnel requirements on the medical cannabis courier
1196
sufficient to ensure the security and safety of medical cannabis shipments; and
1197
(ii) provide regular oversight of the medical cannabis courier.
1198
(3) Notwithstanding Subsection 4-41a-404(1), an individual may transport a medical
1199
cannabis shipment if the individual is:
1200
(a) a registered pharmacy medical provider;
1201
(b) a registered medical cannabis pharmacy agent; or
1202
(c) a registered agent of the medical cannabis courier described in Subsection (2).
1203
(4) An individual transporting a medical cannabis shipment under Subsection (3) shall
1204
comply with the requirements of Subsection 4-41a-404(3).
1205
(5) In addition to the requirements in Subsections (3) and (4), the department may establish
1206
by rule, in collaboration with the Division of Professional Licensing and the Board of
1207
Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
1208
Rulemaking Act, requirements for transporting medical cannabis shipments that are
1209
related to safety for human consumption of [cannabis or a cannabis product] medical
1210
cannabis.
1211
(6)(a) It is unlawful for an individual to transport a medical cannabis shipment with a
1212
manifest that does not meet the requirements of Subsection (4).
1213
(b) Except as provided in Subsection (6)(d), an individual who violates Subsection (6)(a)
1214
is:
1215
(i) guilty of an infraction; and
1216
(ii) subject to a $100 fine.
1217
(c) An individual who is guilty of a violation described in Subsection (6)(b) is not guilty
1218
of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
- 36 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1219
conduct underlying the violation described in Subsection (6)(b).
1220
(d) If the individual described in Subsection (6)(a) is transporting more cannabis,
1221
cannabis product, or medical cannabis devices than the manifest identifies, except for
1222
a de minimis administrative error:
1223
(i) this chapter does not apply; and
1224
(ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
1225
Substances Act.
1226
Section 17. Section 4-41a-1206 is amended to read:
1227
4-41a-1206 . Closed-door medical cannabis pharmacy.
1228
(1)(a) Subject to Subsections (1)(b) and (c), a home delivery medical cannabis pharmacy
1229
may open a single closed-door medical cannabis pharmacy.
1230
(b) A home delivery medical cannabis pharmacy may not open a closed-door medical
1231
cannabis pharmacy unless the home delivery medical cannabis pharmacy:
1232
(i) has an operating plan that includes a closed-door medical cannabis pharmacy; and
1233
(ii) obtains a license issued by the department for a closed-door medical cannabis
1234
pharmacy.
1235
(c) An entity that owns multiple home delivery medical cannabis pharmacies may open
1236
only one closed-door medical cannabis pharmacy.
1237
(d) The department may institute a fee in accordance with Section 63J-1-504 to
1238
administer this section.
1239
(2) A home delivery medical cannabis pharmacy that opens a closed-door medical cannabis
1240
pharmacy under Subsection (1) shall ensure:
1241
(a) that a pharmacy medical provider who is a licensed pharmacist:
1242
(i) is directly supervising the packaging of an order; and
1243
(ii) is present in the closed-door medical cannabis pharmacy when an order is
1244
packaged for delivery; and
1245
(b) all record keeping requirements, labeling requirements, and patient counseling
1246
requirements described in this chapter and Title 26B, Chapter 4, Part 2, Cannabinoid
1247
Research and Medical Cannabis, are satisfied before sending out an order.
1248
(3) An individual who prepares an order at a closed-door medical cannabis pharmacy under
1249
this section shall be registered as:
1250
(a) a pharmacy medical provider; or
1251
(b) a medical cannabis pharmacy agent.
1252
(4)(a) A closed-door medical cannabis pharmacy shall operate:
- 37 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1253
(i) except as provided in Subsection (4)(b), in a facility that is accessible only by an
1254
individual who is a pharmacy medical provider or a medical cannabis pharmacy
1255
agent; and
1256
(ii) at a physical address in accordance with Subsection (6).
1257
(b) A closed-door medical cannabis pharmacy may authorize an individual who is at
1258
least 18 years old and is not a pharmacy medical provider or a cannabis pharmacy
1259
agent to access the closed-door medical cannabis pharmacy if the closed-door
1260
medical cannabis pharmacy:
1261
(i) tracks and monitors the individual at all times while the individual is at the
1262
closed-door medical cannabis pharmacy; and
1263
(ii) maintains a record of the individual's access, including arrival and departure.
1264
(c) A closed-door medical cannabis pharmacy shall operate in a facility that has:
1265
(i) a single, secure public entrance; and
1266
(ii) a security system with a backup power source that:
1267
(A) detects and records entry into the closed-door medical cannabis pharmacy;
1268
(B) provides notice of an unauthorized entry to law enforcement when the
1269
closed-door medical cannabis pharmacy is closed; and
1270
(C) a lock or equivalent restrictive security feature on any area where the
1271
closed-door medical cannabis pharmacy stores a cannabis product.
1272
(d) A closed-door medical cannabis pharmacy shall ensure that any cannabis or cannabis
1273
products in the closed-door medical cannabis pharmacy that are intended for home
1274
delivery are separated in a manner that is readily distinguishable from any other
1275
cannabis or cannabis product in the facility.
1276
(5) A closed-door medical cannabis pharmacy may only provide cannabis or a cannabis
1277
product to an individual through a delivery that complies with this part.
1278
(6)(a) A person may not locate a closed-door medical cannabis pharmacy:
1279
(i) within 1,000 feet of a community location; or
1280
(ii) in or within 600 feet of a district that the relevant municipality or county has
1281
zoned as primarily residential.
1282
(b) The proximity requirements described in Subsection (6)(a) shall be measured from
1283
the nearest entrance to the closed-door medical cannabis pharmacy by following the
1284
shortest route of ordinary pedestrian travel to the property boundary of the
1285
community location or residential area.
1286
(c) The licensing board may grant a waiver to reduce the proximity requirements in
- 38 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1287
Subsection (6)(a) by up to 20% if the licensing board determines that it is not
1288
reasonably feasible for the applicant to site the proposed closed-door medical
1289
cannabis pharmacy without the waiver.
1290
(d) An applicant for a license under this section shall provide evidence of compliance
1291
with the proximity requirements described in Subsection (6)(a).
1292
(7) When determining where a closed-door medical cannabis pharmacy may open, the
1293
licensing board:
1294
(a) shall utilize geographic regions created by the department through rule;
1295
(b) shall prioritize allowing entities that do not have a medical cannabis pharmacy in a
1296
region to open a closed-door medical cannabis pharmacy in the region;
1297
(c) of the total amount of closed-door medical cannabis pharmacies, may allow only
1298
three closed-door medical cannabis pharmacies to operate in counties of the first and
1299
second class as described in Section 17-50-501; and
1300
(d) for determining the three closed-door medical cannabis pharmacies described in
1301
Subsection (7)(c), consider the following:
1302
(i) the history of compliance with state law and rules for all licenses issued under this
1303
chapter;
1304
(ii) the medical cannabis pharmacy's willingness to offer a variety of brands and
1305
products;
1306
(iii) the ability of the operating plan to ensure the safety and security of the
1307
community;
1308
(iv) the suitability of the proposed location and the location's ability to serve the local
1309
community; and
1310
(v) any other relevant information determined through rule.
1311
(8) A closed-door medical cannabis pharmacy may not account for more than:
1312
(a) for an entity that holds a single medical cannabis pharmacy license, the greater of:
1313
(i) 35% of the medical cannabis pharmacy's total revenue; or
1314
(ii) $2,000,000 in total revenue; or
1315
(b) for an entity that holds more than one medical cannabis pharmacy license, the greater
1316
of:
1317
(i) 35% of the total revenue of the entity's medical cannabis pharmacy that generates
1318
the most revenue; or
1319
(ii) $2,000,000 in total revenue.
1320
(9) Notwithstanding any other provision of this section, the [department] licensing board
- 39 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1321
may issue only [three] one closed-door medical cannabis pharmacy [licenses] license
1322
before July 1, 2027.
1323
(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1324
department shall make rules to implement this section.
1325
Section 18. Section 26B-1-435 is amended to read:
1326
26B-1-435 . Medical Cannabis Policy Advisory Board creation -- Membership --
1327
Duties.
1328
(1) There is created within the department the Medical Cannabis Policy Advisory Board.
1329
(2)(a) The advisory board shall consist of the following members:
1330
(i) appointed by the executive director:
1331
(A) a qualified medical provider who has recommended medical cannabis to at
1332
least 100 patients before being appointed;
1333
[(B) a medical research professional;]
1334
[(C)] (B) a mental health specialist;
1335
[(D)] (C) an individual who represents an organization that advocates for medical
1336
cannabis patients;
1337
[(E)] (D) [an individual] a member of the general public who holds a medical
1338
cannabis patient card; and
1339
[(F)] (E) a member of the general public who does not hold a medical cannabis
1340
card;[ and]
1341
(ii) appointed by the commissioner of the Department of Agriculture and Food:
1342
(A) an individual who owns or operates a licensed cannabis cultivation facility, as
1343
defined in Section 4-41a-102;
1344
(B) an individual who owns or operates a licensed medical cannabis pharmacy;
1345
and
1346
(C) a law enforcement officer[.] ; and
1347
(iii) a representative from the Center for Medical Cannabis Research created in
1348
Section 53B-14-1402, appointed by the Center for Medical Cannabis Research.
1349
(b) The commissioner of the Department of Agriculture and Food shall ensure that at
1350
least one individual appointed under Subsection (2)(a)(ii)(A) or (B) also owns or
1351
operates a licensed cannabis processing facility.
1352
(3)(a) Subject to Subsection (3)(b), a member of the advisory board shall serve for a four
1353
year term.
1354
(b) When appointing the initial membership of the advisory board, the executive director
- 40 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1355
and the commissioner of the Department of Agriculture and Food shall coordinate to
1356
appoint four advisory board members to serve a term of two years to ensure that
1357
approximately half of the board is appointed every two years.
1358
(4)(a) If an advisory board member is no longer able to serve as a member, a new
1359
member shall be appointed in the same manner as the original appointment.
1360
(b) A member appointed in accordance with Subsection (4)(a) shall serve for the
1361
remainder of the unexpired term of the original appointment.
1362
(5)(a) A majority of the advisory board members constitutes a quorum.
1363
(b) The action of a majority of a quorum constitutes an action of the advisory board.
1364
(c) For a term lasting one year, the advisory board shall annually designate members of
1365
the advisory board to serve as chair and vice-chair.
1366
(d) When designating the chair and vice-chair, the advisory board shall ensure that at
1367
least one individual described Subsection (2)(a)(i) is appointed as chair or vice-chair.
1368
(6) An advisory board member may not receive compensation or benefits for the member's
1369
service on the advisory board but may receive per diem and reimbursement for travel
1370
expenses incurred as an advisory board member in accordance with:
1371
(a) Sections 63A-3-106 and 63A-3-107; and
1372
(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1373
63A-3-107.
1374
(7) The department shall:
1375
(a) provide staff support for the advisory board; and
1376
(b) assist the advisory board in conducting meetings.
1377
(8) The advisory board may recommend:
1378
(a) to the department or the Department of Agriculture and Food changes to current or
1379
proposed medical cannabis rules or statutes; and
1380
(b) to the appropriate legislative committee whether the advisory board supports a
1381
change to medical cannabis statutes.
1382
(9) The advisory board shall:
1383
(a) review any draft rule that is authorized under [this chapter] Chapter 4, Part 2,
1384
Cannabinoid Research and Medical Cannabis, or Title 4, Chapter 41a, Cannabis
1385
Production Establishments and Pharmacies;
1386
(b) consult with the Department of Agriculture and Food regarding the issuance of an
1387
additional:
1388
(i) cultivation facility license under Section 4-41a-205; or
- 41 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1389
(ii) pharmacy license under Section 4-41a-1005;
1390
(c) consult with the department regarding cannabis patient education;
1391
(d) consult regarding the reasonableness of any fees set by the department or the
1392
Department of Agriculture and Food that pertain to the medical cannabis program;
1393
and
1394
(e) consult regarding any issue pertaining to medical cannabis when asked by the
1395
department or the Utah Department of Agriculture and Food.
1396
Section 19. Section 26B-4-201 is amended to read:
1397
26B-4-201 . Definitions.
1398
As used in this part:
1399
(1) "Active tetrahydrocannabinol" means THC, any THC analog, and
1400
tetrahydrocannabinolic acid.
1401
(2) "Administration of criminal justice" means the performance of detection, apprehension,
1402
detention, pretrial release, post-trial release, prosecution, and adjudication.
1403
(3) "Advertise" means information provided by a person in any medium:
1404
(a) to the public; and
1405
(b) that is not age restricted to an individual who is at least 21 years old.
1406
(4) "Advisory board" means the Medical Cannabis Policy Advisory Board created in
1407
Section 26B-1-435.
1408
(5) "Cannabis Research Review Board" means the Cannabis Research Review Board
1409
created in Section 26B-1-420.
1410
(6) "Cannabis" means marijuana.
1411
(7) "Cannabis processing facility" means the same as that term is defined in Section
1412
4-41a-102.
1413
(8) "Cannabis product" means a product that:
1414
(a) is intended for human use; and
1415
(b) contains cannabis or any tetrahydrocannabinol or THC analog in a total
1416
concentration of 0.3% or greater on a dry weight basis.
1417
(9) "Cannabis production establishment" means the same as that term is defined in Section
1418
4-41a-102.
1419
(10) "Cannabis production establishment agent" means the same as that term is defined in
1420
Section 4-41a-102.
1421
(11) "Cannabis production establishment agent registration card" means the same as that
1422
term is defined in Section 4-41a-102.
- 42 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1423
(12) "Conditional medical cannabis card" means an electronic medical cannabis card that
1424
the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an
1425
applicant for a medical cannabis card to access medical cannabis during the department's
1426
review of the application.
1427
(13) "Controlled substance database" means the controlled substance database created in
1428
Section 58-37f-201.
1429
(14) "Delivery address" means the same as that term is defined in Section 4-41a-102.
1430
(15) "Department" means the Department of Health and Human Services.
1431
(16) "Designated caregiver" means:
1432
(a) an individual:
1433
(i) whom an individual with a medical cannabis patient card or a medical cannabis
1434
guardian card designates as the patient's caregiver; and
1435
(ii) who registers with the department under Section 26B-4-214; or
1436
(b)(i) a facility that an individual designates as a designated caregiver in accordance
1437
with Subsection 26B-4-214(1)(b); or
1438
(ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii).
1439
(17) "Directions of use" means recommended routes of administration for a medical
1440
cannabis treatment and suggested usage guidelines.
1441
(18) "Dosing guidelines" means a quantity range and frequency of administration for a
1442
recommended treatment of medical cannabis.
1443
(19) "Government issued photo identification" means any of the following forms of
1444
identification:
1445
(a) a valid state-issued driver license or identification card;
1446
(b) a valid United States federal-issued photo identification, including:
1447
(i) a United States passport;
1448
(ii) a United States passport card;
1449
(iii) a United States military identification card; or
1450
(iv) a permanent resident card or alien registration receipt card; or
1451
(c) a foreign passport.
1452
(20) "Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that
1453
the department authorizes, as part of the pharmacy's license, to deliver medical cannabis
1454
shipments to a delivery address to fulfill electronic orders[ that the state central patient
1455
portal facilitates].
1456
(21) "Inventory control system" means the system described in Section 4-41a-103.
- 43 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1457
(22) "Legal dosage limit" means an amount that:
1458
(a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the
1459
relevant recommending medical provider or [the state central patient portal or ]
1460
pharmacy medical provider, in accordance with Subsection 26B-4-230(5),
1461
recommends; and
1462
(b) may not exceed:
1463
(i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
1464
(ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in
1465
total, greater than 20 grams of active tetrahydrocannabinol.
1466
(23) "Legal use termination date" means a date on the label of a container of unprocessed
1467
cannabis flower:
1468
(a) that is 60 days after the date of purchase of the cannabis; and
1469
(b) after which, the cannabis is no longer in a medicinal dosage form outside of the
1470
primary residence of the relevant medical cannabis patient cardholder.
1471
(24) "Limited medical provider" means an individual who:
1472
(a) meets the recommending qualifications; and
1473
(b) has no more than 15 patients with a valid medical cannabis patient card as a result of
1474
the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b).
1475
(25) "Marijuana" means the same as that term is defined in Section 58-37-2.
1476
(26) "Medical cannabis" or "medical cannabis product" means cannabis in a medicinal
1477
dosage form or a cannabis product in a medicinal dosage form.
1478
(27) "Medical cannabis card" means a medical cannabis patient card, a medical cannabis
1479
guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card.
1480
(28) "Medical cannabis cardholder" means:
1481
(a) a holder of a medical cannabis card; or
1482
(b) a facility or assigned employee, described in Subsection (16)(b), only:
1483
(i) within the scope of the facility's or assigned employee's performance of the role of
1484
a medical cannabis patient cardholder's caregiver designation under Subsection
1485
26B-4-214(1)(b); and
1486
(ii) while in possession of documentation that establishes:
1487
(A) a caregiver designation described in Subsection 26B-4-214(1)(b);
1488
(B) the identity of the individual presenting the documentation; and
1489
(C) the relation of the individual presenting the documentation to the caregiver
1490
designation.
- 44 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1491
(29) "Medical cannabis caregiver card" means an electronic document that a cardholder
1492
may print or store on an electronic device or a physical card or document that:
1493
(a) the department issues to an individual whom a medical cannabis patient cardholder
1494
or a medical cannabis guardian cardholder designates as a designated caregiver; and
1495
(b) is connected to the electronic verification system.
1496
(30) "Medical cannabis courier" means the same as that term is defined in Section
1497
4-41a-102.
1498
(31)(a) "Medical cannabis device" means a device that an individual uses to ingest or
1499
inhale [cannabis in a medicinal dosage form or a cannabis product in a medicinal
1500
dosage form] medical cannabis.
1501
(b) "Medical cannabis device" does not include a device that:
1502
(i) facilitates cannabis combustion; or
1503
(ii) an individual uses to ingest substances other than cannabis.
1504
(32) "Medical cannabis guardian card" means an electronic document that a cardholder may
1505
print or store on an electronic device or a physical card or document that:
1506
(a) the department issues to the parent or legal guardian of a minor with a qualifying
1507
condition; and
1508
(b) is connected to the electronic verification system.
1509
(33) "Medical cannabis patient card" means an electronic document that a cardholder may
1510
print or store on an electronic device or a physical card or document that:
1511
(a) the department issues to an individual with a qualifying condition; and
1512
(b) is connected to the electronic verification system.
1513
(34) "Medical cannabis pharmacy" means a person that:
1514
(a)(i) acquires or intends to acquire medical cannabis [or a cannabis product in a
1515
medicinal dosage form ]from a cannabis processing facility or another medical
1516
cannabis pharmacy or a medical cannabis device; or
1517
(ii) possesses medical cannabis or a medical cannabis device; and
1518
(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical
1519
cannabis cardholder.
1520
(35) "Medical cannabis pharmacy agent" means an individual who holds a valid medical
1521
cannabis pharmacy agent registration card issued by the department.
1522
(36) "Medical cannabis pharmacy agent registration card" means a registration card issued
1523
by the department that authorizes an individual to act as a medical cannabis pharmacy
1524
agent.
- 45 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1525
(37) "Medical cannabis shipment" means the same as that term is defined in Section
1526
4-41a-102.
1527
(38) "Medical cannabis treatment" means [cannabis in a medicinal dosage form, a cannabis
1528
product in a medicinal dosage form, or] medical cannabis or a medical cannabis device.
1529
(39)(a) "Medicinal dosage form" means:
1530
(i) for processed medical cannabis, the following with a specific and consistent
1531
cannabinoid content:
1532
(A) a tablet;
1533
(B) a capsule;
1534
(C) a concentrated liquid or viscous oil;
1535
(D) a liquid suspension that does not exceed 30 milliliters;
1536
(E) a topical preparation;
1537
(F) a transdermal preparation;
1538
(G) a sublingual preparation;
1539
(H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
1540
rectangular cuboid shape;
1541
(I) a resin or wax;
1542
(J) an aerosol;
1543
(K) a suppository preparation; or
1544
(L) a soft or hard confection that is a uniform rectangular cuboid or uniform
1545
spherical shape, is homogeneous in color and texture, and each piece is a single
1546
serving; or
1547
(ii) for unprocessed cannabis flower, a container described in Section 4-41a-602 that:
1548
(A) contains cannabis flower in a quantity that varies by no more than 10% from
1549
the stated weight at the time of packaging;
1550
(B) at any time the medical cannabis cardholder transports or possesses the
1551
container in public, is contained within an opaque bag or box that the medical
1552
cannabis pharmacy provides; and
1553
(C) is labeled with the container's content and weight, the date of purchase, the
1554
legal use termination date, and a barcode that provides information connected
1555
to an inventory control system.
1556
(b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
1557
(i) the medical cannabis cardholder has recently removed from the container
1558
described in Subsection (39)(a)(ii) for use; and
- 46 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1559
(ii) does not exceed the quantity described in Subsection (39)(a)(ii).
1560
(c) "Medicinal dosage form" does not include:
1561
(i) any unprocessed cannabis flower outside of the container described in Subsection
1562
(39)(a)(ii), except as provided in Subsection (39)(b);
1563
(ii) any unprocessed cannabis flower in a container described in Subsection
1564
(39)(a)(ii) after the legal use termination date;
1565
(iii) a process of vaporizing and inhaling concentrated cannabis by placing the
1566
cannabis on a nail or other metal object that is heated by a flame, including a
1567
blowtorch;
1568
(iv) a liquid suspension that is branded as a beverage;
1569
(v) a substance described in Subsection (39)(a)(i) or (ii) if the substance is not
1570
measured in grams, milligrams, or milliliters; or
1571
(vi) a substance that contains or is covered to any degree with chocolate.
1572
(40) "Nonresident patient" means an individual who:
1573
(a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
1574
(b) has a currently valid medical cannabis card or the equivalent of a medical cannabis
1575
card under the laws of another state, district, territory, commonwealth, or insular
1576
possession of the United States; and
1577
(c) has been diagnosed with a qualifying condition as described in Section 26B-4-203.
1578
(41) "Patient product information insert" means a single page document or webpage that
1579
contains information about a medical cannabis product regarding:
1580
(a) how to use the product;
1581
(b) common side effects;
1582
(c) serious side effects;
1583
(d) dosage;
1584
(e) contraindications;
1585
(f) safe storage;
1586
(g) information on when a product should not be used; and
1587
(h) other information the department deems appropriate in consultation with the
1588
cannabis processing facility that created the product.
1589
(42) "Pharmacy medical provider" means the medical provider required to be on site at a
1590
medical cannabis pharmacy under Section 26B-4-219.
1591
[(42)] (43) "Provisional patient card" means a card that:
1592
(a) the department issues to a minor with a qualifying condition for whom:
- 47 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1593
(i) a recommending medical provider has recommended a medical cannabis
1594
treatment; and
1595
(ii) the department issues a medical cannabis guardian card to the minor's parent or
1596
legal guardian; and
1597
(b) is connected to the electronic verification system.
1598
[(43)] (44) "Qualified medical provider" means an individual:
1599
(a) who meets the recommending qualifications; and
1600
(b) whom the department registers to recommend treatment with cannabis in a medicinal
1601
dosage form under Section 26B-4-204.
1602
[(44)] (45) "Qualified Patient Enterprise Fund" means the enterprise fund created in Section
1603
26B-1-310.
1604
[(45)] (46) "Qualifying condition" means a condition described in Section 26B-4-203.
1605
[(46)] (47) "Recommend" or "recommendation" means, for a recommending medical
1606
provider, the act of suggesting the use of medical cannabis treatment, which:
1607
(a) certifies the patient's eligibility for a medical cannabis card; and
1608
(b) may include, at the recommending medical provider's discretion, directions of use,
1609
with or without dosing guidelines.
1610
[(47)] (48) "Recommending medical provider" means a qualified medical provider or a
1611
limited medical provider.
1612
[(48)] (49) "Recommending qualifications" means that an individual:
1613
(a)(i) has the authority to write a prescription;
1614
(ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
1615
Controlled Substances Act; and
1616
(iii) possesses the authority, in accordance with the individual's scope of practice, to
1617
prescribe a Schedule II controlled substance; and
1618
(b) is licensed as:
1619
(i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1620
(ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice
1621
Act;
1622
(iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
1623
Chapter 68, Utah Osteopathic Medical Practice Act; or
1624
(iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
1625
[(49) "State central patient portal" means the website the department creates, in accordance
1626
with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical
- 48 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1627
cannabis order.]
1628
(50) "State electronic verification system" means the system described in Section 26B-4-202.
1629
(51) "Targeted marketing" means the promotion by a qualified medical provider, medical
1630
clinic, or medical office that employs a qualified medical provider of a medical cannabis
1631
recommendation service using any of the following methods:
1632
(a) electronic communication to an individual who is at least 21 years old and has
1633
requested to receive promotional information;
1634
(b) an in-person marketing event that is held in an area where only an individual who is
1635
at least 21 years old may access the event;
1636
(c) other marketing material that is physically or digitally displayed in the office of the
1637
medical clinic or office that employs a qualified medical provider; or
1638
(d) a leaflet that a qualified medical provider, medical clinic, or medical office that
1639
employs a qualified medical provider shares with an individual who is at least 21
1640
years old.
1641
(52) "Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a
1642
synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
1643
(53) "THC analog" means the same as that term is defined in Section 4-41-102.
1644
Section 20. Section 26B-4-202 is amended to read:
1645
26B-4-202 . Electronic verification system.
1646
(1) The Department of Agriculture and Food, the department, the Department of Public
1647
Safety, and the Division of Technology Services shall:
1648
(a) enter into a memorandum of understanding in order to determine the function and
1649
operation of the state electronic verification system in accordance with Subsection
1650
(2);
1651
(b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
1652
Procurement Code, to develop a request for proposals for a third-party provider to
1653
develop and maintain the state electronic verification system in coordination with the
1654
Division of Technology Services; and
1655
(c) select a third-party provider who:
1656
(i) meets the requirements contained in the request for proposals issued under
1657
Subsection (1)(b); and
1658
(ii) may not have any commercial or ownership interest in a cannabis production
1659
establishment or a medical cannabis pharmacy.
1660
(2) The Department of Agriculture and Food, the department, the Department of Public
- 49 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1661
Safety, and the Division of Technology Services shall ensure that the state electronic
1662
verification system described in Subsection (1):
1663
(a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
1664
medical cannabis guardian card, provided that the card may not become active until:
1665
(i) the relevant qualified medical provider completes the associated medical cannabis
1666
recommendation; or
1667
(ii) for a medical cannabis card related to a limited medical provider's
1668
recommendation, the medical cannabis pharmacy completes the recording
1669
described in Subsection (2)(d);
1670
(b) allows an individual to apply to renew a medical cannabis patient card or a medical
1671
cannabis guardian card in accordance with Section 26B-4-213;
1672
(c) allows a qualified medical provider, or an employee described in Subsection (3)
1673
acting on behalf of the qualified medical provider, to:
1674
(i) access dispensing and card status information regarding a patient:
1675
(A) with whom the qualified medical provider has a provider-patient relationship;
1676
and
1677
(B) for whom the qualified medical provider has recommended or is considering
1678
recommending a medical cannabis card;
1679
(ii) electronically recommend treatment with [cannabis in a medicinal dosage form or
1680
a cannabis product in a medicinal dosage form] medical cannabis and optionally
1681
recommend dosing guidelines;
1682
(iii) electronically renew a recommendation to a medical cannabis patient cardholder
1683
or medical cannabis guardian cardholder:
1684
(A) using telehealth services, for the qualified medical provider who originally
1685
recommended a medical cannabis treatment during a face-to-face visit with the
1686
patient; or
1687
(B) during a face-to-face visit with the patient, for a qualified medical provider
1688
who did not originally recommend the medical cannabis treatment during a
1689
face-to-face visit; and
1690
(iv) submit an initial application, renewal application, or application payment on
1691
behalf of an individual applying for any of the following:
1692
(A) a medical cannabis patient card;
1693
(B) a medical cannabis guardian card; or
1694
(C) a medical cannabis caregiver card;
- 50 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1695
(d) allows a medical cannabis pharmacy medical provider or medical cannabis pharmacy
1696
agent, in accordance with Subsection 4-41a-1101(10)(a), to:
1697
(i) access the electronic verification system to review the history within the system of
1698
a patient with whom the provider or agent is interacting, limited to read-only
1699
access for medical cannabis pharmacy agents unless the medical cannabis
1700
pharmacy's pharmacist in charge authorizes add and edit access;
1701
(ii) record a patient's recommendation from a limited medical provider, including any
1702
directions of use, dosing guidelines, or caregiver indications from the limited
1703
medical provider;
1704
(iii) record a limited medical provider's renewal of the provider's previous
1705
recommendation; and
1706
(iv) submit an initial application, renewal application, or application payment on
1707
behalf of an individual applying for any of the following:
1708
(A) a medical cannabis patient card;
1709
(B) a medical cannabis guardian card; or
1710
(C) a medical cannabis caregiver card;
1711
(e) connects with:
1712
(i) an inventory control system that a medical cannabis pharmacy uses to track in real
1713
time and archive purchases of any [cannabis in a medicinal dosage form, cannabis
1714
product in a medicinal dosage form,] medical cannabis or a medical cannabis
1715
device, including:
1716
(A) the time and date of each purchase;
1717
(B) the quantity and type of [cannabis, cannabis product,] medical cannabis or
1718
medical cannabis device purchased;
1719
(C) any cannabis production establishment, any medical cannabis pharmacy, or
1720
any medical cannabis courier associated with the [cannabis, cannabis product,]
1721
medical cannabis or medical cannabis device; and
1722
(D) the personally identifiable information of the medical cannabis cardholder
1723
who made the purchase; and
1724
(ii) any commercially available inventory control system that a cannabis production
1725
establishment utilizes in accordance with Section 4-41a-103 to use data that the
1726
Department of Agriculture and Food requires by rule, in accordance with Title
1727
63G, Chapter 3, Utah Administrative Rulemaking Act, from the inventory
1728
tracking system that a licensee uses to track and confirm compliance;
- 51 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1729
(f) provides access to:
1730
(i) the department to the extent necessary to carry out the department's functions and
1731
responsibilities under this part;
1732
(ii) the Department of Agriculture and Food to the extent necessary to carry out the
1733
functions and responsibilities of the Department of Agriculture and Food under
1734
Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies; and
1735
(iii) the Division of Professional Licensing to the extent necessary to carry out the
1736
functions and responsibilities related to the participation of the following in the
1737
recommendation and dispensing of medical cannabis:
1738
(A) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing
1739
Act;
1740
(B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1741
(C) an advanced practice registered nurse licensed under Title 58, Chapter 31b,
1742
Nurse Practice Act;
1743
(D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1744
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1745
(E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
1746
Assistant Act;
1747
[(g) provides access to and interaction with the state central patient portal;]
1748
[(h)] (g) communicates dispensing information from a record that a medical cannabis
1749
pharmacy submits to the state electronic verification system under Subsection
1750
4-41a-1102(3)(a)(ii) to the controlled substance database;
1751
[(i)] (h) provides access to state or local law enforcement only to verify the validity of an
1752
individual's medical cannabis card for the administration of criminal justice and
1753
through a database used by law enforcement; and
1754
[(j)] (i) creates a record each time a person accesses the system that identifies the person
1755
who accesses the system and the individual whose records the person accesses.
1756
(3)(a) An employee of a qualified medical provider may access the electronic
1757
verification system for a purpose described in Subsection (2)(c) on behalf of the
1758
qualified medical provider if:
1759
(i) the qualified medical provider has designated the employee as an individual
1760
authorized to access the electronic verification system on behalf of the qualified
1761
medical provider;
1762
(ii) the qualified medical provider provides written notice to the department of the
- 52 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1763
employee's identity and the designation described in Subsection (3)(a)(i); and
1764
(iii) the department grants to the employee access to the electronic verification
1765
system.
1766
(b) An employee of a business that employs a qualified medical provider may access the
1767
electronic verification system for a purpose described in Subsection (2)(c) on behalf
1768
of the qualified medical provider if:
1769
(i) the qualified medical provider has designated the employee as an individual
1770
authorized to access the electronic verification system on behalf of the qualified
1771
medical provider;
1772
(ii) the qualified medical provider and the employing business jointly provide written
1773
notice to the department of the employee's identity and the designation described
1774
in Subsection (3)(b)(i); and
1775
(iii) the department grants to the employee access to the electronic verification
1776
system.
1777
(4)(a) As used in this Subsection (4), "prescribing provider" means:
1778
(i) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1779
(ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
1780
Practice Act;
1781
(iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1782
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
1783
(iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
1784
Assistant Act.
1785
(b) A prescribing provider may access information in the electronic verification system
1786
regarding a patient the prescribing provider treats.
1787
(5) The department may release limited data that the system collects for the purpose of:
1788
(a) conducting medical and other department approved research;
1789
(b) providing the report required by Section 26B-4-222; and
1790
(c) other official department purposes.
1791
(6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1792
Administrative Rulemaking Act, to establish:
1793
(a) the limitations on access to the data in the state electronic verification system as
1794
described in this section; and
1795
(b) standards and procedures to ensure accurate identification of an individual requesting
1796
information or receiving information in this section.
- 53 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1797
(7) Any person who negligently or recklessly releases any information in the state
1798
electronic verification system in violation of this section is guilty of a class C
1799
misdemeanor.
1800
(8) Any person who obtains or attempts to obtain information from the state electronic
1801
verification system by misrepresentation or fraud is guilty of a third degree felony.
1802
(9)(a) Except as provided in Subsections (9)(c) and (9)(e), a person may not knowingly
1803
and intentionally use, release, publish, or otherwise make available to any other
1804
person information obtained from the state electronic verification system for any
1805
purpose other than a purpose specified in this section.
1806
(b) Each separate violation of this Subsection (9) is:
1807
(i) a third degree felony; and
1808
(ii) subject to a civil penalty not to exceed $5,000.
1809
(c) A law enforcement officer who uses the database used by law enforcement to access
1810
information in the electronic verification system for a reason that is not the
1811
administration of criminal justice is guilty of a class B misdemeanor.
1812
(d) The department shall determine a civil violation of this Subsection (9) in accordance
1813
with Title 63G, Chapter 4, Administrative Procedures Act.
1814
(e) Civil penalties assessed under this Subsection (9) shall be deposited into the General
1815
Fund.
1816
(f) This Subsection (9) does not prohibit a person who obtains information from the state
1817
electronic verification system under Subsection (2)(a), (c), or (f) from:
1818
(i) including the information in the person's medical chart or file for access by a
1819
person authorized to review the medical chart or file;
1820
(ii) providing the information to a person in accordance with the requirements of the
1821
Health Insurance Portability and Accountability Act of 1996; or
1822
(iii) discussing or sharing that information about the patient with the patient.
1823
Section 21. Section 26B-4-214 is amended to read:
1824
26B-4-214 . Medical cannabis caregiver card -- Registration -- Renewal --
1825
Revocation.
1826
(1)(a) A cardholder described in Section 26B-4-213 may designate[, through the state
1827
central patient portal,] up to two individuals, or an individual and a facility in
1828
accordance with Subsection (1)(b), to serve as a designated caregiver for the
1829
cardholder.
1830
(b)(i) A cardholder described in Section 26B-4-213 may designate one of the
- 54 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1831
following types of facilities as one of the caregivers described in Subsection (1)(a):
1832
(A) for a patient or resident, an assisted living facility, as that term is defined in
1833
Section 26B-2-201;
1834
(B) for a patient or resident, a nursing care facility, as that term is defined in
1835
Section 26B-2-201; or
1836
(C) for a patient, a general acute hospital, as that term is defined in Section
1837
26B-2-201.
1838
(ii) A facility may:
1839
(A) assign one or more employees to assist patients with medical cannabis
1840
treatment under the caregiver designation described in this Subsection (1)(b);
1841
and
1842
(B) receive a medical cannabis shipment from a medical cannabis pharmacy or a
1843
medical cannabis courier on behalf of the medical cannabis cardholder within
1844
the facility who designated the facility as a caregiver.
1845
(iii) The department shall make rules to regulate the practice of facilities and facility
1846
employees serving as designated caregivers under this Subsection (1)(b).
1847
(c) A parent or legal guardian described in Subsection 26B-4-213(2)(d), in consultation
1848
with the minor and the minor's qualified medical provider, may designate[, through
1849
the state central patient portal,] up to two individuals to serve as a designated
1850
caregiver for the minor, if the department determines that the parent or legal guardian
1851
is not eligible for a medical cannabis guardian card under Section 26B-4-213.
1852
(d)(i) Upon the entry of a caregiver designation under Subsection (1) by a patient
1853
with a terminal illness described in Section 26B-4-203, the department shall issue
1854
to the designated caregiver an electronic conditional medical cannabis caregiver
1855
card, in accordance with this Subsection (1)(d).
1856
(ii) A conditional medical cannabis caregiver card is valid for the lesser of:
1857
(A) 60 days; or
1858
(B) the day on which the department completes the department's review and issues
1859
a medical cannabis caregiver card under Subsection (1)(a), denies the patient's
1860
medical cannabis caregiver card application, or revokes the conditional
1861
medical cannabis caregiver card under Section 26B-4-246.
1862
(iii) The department may issue a conditional medical cannabis card to an individual
1863
applying for a medical cannabis patient card for which approval of the
1864
Compassionate Use Board is not required.
- 55 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1865
(iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
1866
obligations under law applicable to a holder of the medical cannabis card for
1867
which the individual applies and for which the department issues the conditional
1868
medical cannabis card.
1869
(2) An individual that the department registers as a designated caregiver under this section
1870
and a facility described in Subsection (1)(b):
1871
(a) for an individual designated caregiver, may carry a valid medical cannabis caregiver
1872
card;
1873
(b) in accordance with this part, may purchase, possess, transport, or assist the patient in
1874
the use of [cannabis in a medicinal dosage form, a cannabis product in a medicinal
1875
dosage form,] medical cannabis or a medical cannabis device on behalf of the
1876
designating medical cannabis cardholder;
1877
(c) may not charge a fee to an individual to act as the individual's designated caregiver
1878
or for a service that the designated caregiver provides in relation to the role as a
1879
designated caregiver; and
1880
(d) may accept reimbursement from the designating medical cannabis cardholder for
1881
direct costs the designated caregiver incurs for assisting with the designating
1882
cardholder's medicinal use of cannabis.
1883
(3)(a) The department shall:
1884
(i) within 15 days after the day on which an individual submits an application in
1885
compliance with this section, issue a medical cannabis card to the applicant if the
1886
applicant:
1887
(A) is designated as a caregiver under Subsection (1);
1888
(B) is eligible for a medical cannabis caregiver card under Subsection (4); and
1889
(C) complies with this section; and
1890
(ii) notify the Department of Public Safety of each individual that the department
1891
registers as a designated caregiver.
1892
(b) The department shall ensure that a medical cannabis caregiver card contains the
1893
information described in Subsections (5)(b) and (3)(c)(i).
1894
(c) If a cardholder described in Section 26B-4-213 designates an individual as a
1895
caregiver who already holds a medical cannabis caregiver card, the individual with
1896
the medical cannabis caregiver card:
1897
(i) shall report to the department the information required of applicants under
1898
Subsection (5)(b) regarding the new designation;
- 56 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1899
(ii) if the individual makes the report described in Subsection (3)(c)(i), is not required
1900
to file an application for another medical cannabis caregiver card;
1901
(iii) may receive an additional medical cannabis caregiver card in relation to each
1902
additional medical cannabis patient who designates the caregiver; and
1903
(iv) is not subject to an additional background check.
1904
(4) An individual is eligible for a medical cannabis caregiver card if the individual:
1905
(a) is at least 21 years old;
1906
(b) is a Utah resident;
1907
(c) pays to the department a fee in an amount that, subject to Subsection 26B-1-310(5),
1908
the department sets in accordance with Section 63J-1-504, plus the cost of the
1909
criminal background check described in Section 26B-4-215; and
1910
(d) signs an acknowledgment stating that the applicant received the information
1911
described in Subsection 26B-4-213(9)[ ].
1912
(5) An eligible applicant for a medical cannabis caregiver card shall:
1913
(a) submit an application for a medical cannabis caregiver card to the department
1914
through an electronic application connected to the state electronic verification
1915
system; and
1916
(b) submit the following information in the application described in Subsection (5)(a):
1917
(i) the applicant's name, gender, age, and address;
1918
(ii) the name, gender, age, and address of the cardholder described in Section
1919
26B-4-213 who designated the applicant;
1920
(iii) if a medical cannabis guardian cardholder designated the caregiver, the name,
1921
gender, and age of the minor receiving a medical cannabis treatment in relation to
1922
the medical cannabis guardian cardholder; and
1923
(iv) any additional information that the department requests to assist in matching the
1924
application with the designating medical cannabis patient.
1925
(6) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the
1926
department issues under this section is valid for the lesser of:
1927
(a) an amount of time that the cardholder described in Section 26B-4-213 who
1928
designated the caregiver determines; or
1929
(b) the amount of time remaining before the card of the cardholder described in Section
1930
26B-4-213 expires.
1931
(7)(a) If a designated caregiver meets the requirements of Subsection (4), the designated
1932
caregiver's medical cannabis caregiver card renews automatically at the time the
- 57 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
1933
cardholder described in Section 26B-4-213 who designated the caregiver:
1934
(i) renews the cardholder's card; and
1935
(ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
1936
(b) The department shall provide a method in the card renewal process to allow a
1937
cardholder described in Section 26B-4-213 who has designated a caregiver to:
1938
(i) signify that the cardholder renews the caregiver's designation;
1939
(ii) remove a caregiver's designation; or
1940
(iii) designate a new caregiver.
1941
(8) The department shall record the issuance or revocation of a medical cannabis card under
1942
this section in the controlled substance database.
1943
Section 22. Section 26B-4-222 is amended to read:
1944
26B-4-222 . Report.
1945
(1) By the November interim meeting each year, the department shall report to the Health
1946
and Human Services Interim Committee on:
1947
(a) the number of applications and renewal applications filed for medical cannabis cards;
1948
(b) the number of qualifying patients and designated caregivers;
1949
(c) the nature of the debilitating medical conditions of the qualifying patients;
1950
(d) the age and county of residence of cardholders;
1951
(e) the number of medical cannabis cards revoked;
1952
(f) the number of practitioners providing recommendations for qualifying patients;
1953
(g) the number of license applications and renewal license applications received;
1954
(h) the number of licenses the department has issued in each county;
1955
(i) the number of licenses the department has revoked;
1956
(j) the quantity of medical cannabis shipments[ that the state central patient portal
1957
facilitates];
1958
(k) the number of overall purchases of medical cannabis [and medical cannabis products ]
1959
from each medical cannabis pharmacy;
1960
(l) the expenses incurred and revenues generated from the medical cannabis program;
1961
and
1962
(m) an analysis of product availability in medical cannabis pharmacies in consultation
1963
with the Department of Agriculture and Food.
1964
(2) The report shall include information provided by the Center for Medical Cannabis
1965
Research described in Section 53B-17-1402.
1966
(3) The department may not include personally identifying information in the report
- 58 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
1967
described in this section.
1968
(4) The department shall report to the working group described in Section 36-12-8.2 as
1969
requested by the working group.
1970
Section 23. Section 26B-4-243 is amended to read:
1971
26B-4-243 . Guidance for treatment with medical cannabis.
1972
The department, in consultation with the Center for Medical Cannabis Research created
1973
in Section 53B-17-1402, shall:
1974
(1) develop evidence-based guidance for treatment with medical cannabis based on the
1975
latest medical research that shall include:
1976
(a) for each qualifying condition, a summary of the latest medical research regarding the
1977
treatment of the qualifying condition with medical cannabis;
1978
(b) risks, contraindications, side effects, and adverse reactions that are associated with
1979
medical cannabis use; and
1980
(c) potential drug interactions between medical cannabis and medications that have been
1981
approved by the United States Food and Drug Administration;[ and]
1982
(2) educate recommending medical providers, pharmacy medical providers, medical
1983
cannabis cardholders, and the public regarding:
1984
(a) the evidence-based guidance for treatment with medical cannabis described in
1985
Subsection (1)(a);
1986
(b) relevant warnings and safety information related to medical cannabis use; and
1987
(c) other topics related to medical cannabis use as determined by the department[.] ; and
1988
(3) develop patient product information inserts for medical cannabis products:
1989
(a) in consultation with the cannabis processing facility that created the product; and
1990
(b) that do not contain proprietary information about the product.
1991
Section 24. Section 26B-4-247 is amended to read:
1992
26B-4-247 . Department coordination.
1993
The department shall:
1994
(1) provide draft rules made under this chapter to the:
1995
(a) advisory board for the advisory board's review; and
1996
(b) Medical Cannabis Governance Structure Working Group created in Section 36-12-8.2;
1997
(2) consult with the advisory board regarding:
1998
(a) patient education; and
1999
(b) fees set by the department that pertain to the medical cannabis program; and
2000
(3) when appropriate, consult with the advisory board regarding issues that arise in the
- 59 - 5th Sub. (Salmon) H.B. 203 02-19 18:21
2001
medical cannabis program.
2002
Section 25. Section 63I-2-204 is amended to read:
2003
63I-2-204 . Repeal dates: Title 4.
2004
(1) Section 4-11-117, Beekeeping working group -- Development of standards, is repealed
2005
May 1, 2025.
2006
(2) Subsection 4-41a-102(6), regarding the Cannabis Research Review Board, is repealed
2007
July 1, [2026] 2025.
2008
(3) Section 4-46-104, Transition, is repealed July 1, 2024.
2009
Section 26. Section 63I-2-226 is amended to read:
2010
63I-2-226 . Repeal dates: Titles 26 through 26B.
2011
(1) Section 26B-1-241, Tardive dyskinesia, is repealed July 1, 2024.
2012
(2) Section 26B-1-302, National Professional Men's Basketball Team Support of Women
2013
and Children Issues Restricted Account, is repealed July 1, 2024.
2014
(3) Section 26B-1-309, Medicaid Restricted Account, is repealed July 1, 2024.
2015
(4) Section 26B-1-313, Cancer Research Restricted Account, is repealed July 1, 2024.
2016
(5) Section 26B-1-420, Cannabis Research Review Board, is repealed July 1, [2026] 2025.
2017
(6) Subsection 26B-1-421(9)(a), regarding a report to the Cannabis Research Review
2018
Board, is repealed July 1, [2026] 2025.
2019
(7) Section 26B-1-423, Rural Physician Loan Repayment Program Advisory Committee --
2020
Membership -- Compensation -- Duties, is repealed July 1, 2026.
2021
(8) Section 26B-2-243, Data collection and reporting requirements concerning incidents of
2022
abuse, neglect, or exploitation, is repealed July 1, 2027.
2023
(9) Section 26B-3-142, Long-acting injectables, is repealed July 1, 2024.
2024
(10) Subsection 26B-3-215(5), regarding reporting on coverage for in vitro fertilization and
2025
genetic testing, is repealed July 1, 2030.
2026
(11) Subsection 26B-4-201(5), regarding the Cannabis Research Review Board, is repealed
2027
July 1, [2026] 2025.
2028
(12) Subsection 26B-4-212(1)(b), regarding the Cannabis Research Review Board, is
2029
repealed July 1, [2026] 2025.
2030
(13) Section 26B-4-702, Creation of Utah Health Care Workforce Financial Assistance
2031
Program, is repealed July 1, 2027.
2032
(14) Subsection 26B-4-703(3)(b), regarding per diem and expenses for the Rural Physician
2033
Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
2034
(15) Subsection 26B-4-703(3)(c), regarding expenses for the Rural Physician Loan
- 60 - 02-19 18:21 5th Sub. (Salmon) H.B. 203
2035
Repayment Program, is repealed July 1, 2026.
2036
(16) Subsection 26B-4-703(6)(b), regarding recommendations from the Rural Physician
2037
Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
2038
(17) Section 26B-5-117, Early childhood mental health support grant program, is repealed
2039
January 2, 2025.
2040
(18) Section 26B-5-302.5, Study concerning civil commitment and the Utah State Hospital,
2041
is repealed July 1, 2025.
2042
(19) Section 26B-6-414, Respite care services, is repealed July 1, 2025.
2043
(20) Section 26B-7-120, Invisible condition alert program education and outreach, is
2044
repealed July 1, 2025.
2045
Section 27. Section 63I-2-236 is amended to read:
2046
63I-2-236 . Repeal dates: Title 36.
2047
(1) Section 36-12-8.2, Medical cannabis governance structure working group, is repealed
2048
July 1, [2025] 2026.
2049
(2) Section 36-29-107.5, Murdered and Missing Indigenous Relatives Task Force --
2050
Creation -- Membership -- Quorum -- Compensation -- Staff -- Vacancies -- Duties --
2051
Interim report, is repealed November 30, 2024.
2052
(3) Section 36-29-109, Utah Broadband Center Advisory Commission, is repealed
2053
November 30, 2027.
2054
(4) Section 36-29-110, Blockchain and Digital Innovation Task Force, is repealed
2055
November 30, 2024.
2056
Section 28. Repealer.
2057
This bill repeals:
2058
Section 4-41a-801.1, Enforcement for medical cannabis pharmacies and couriers -- Fine
2059
-- Citation.
2060
Section 26B-4-236, State central patient portal -- Department duties.
2061
Section 29. Effective Date.
2062
This bill takes effect on May 7, 2025.
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