Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 3001 (2018S3)

Sponsor

Rep. Hughes, G.

Final action

Governor Signed 12/3/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides for licensing and regulation of a cannabis cultivation facility, a cannabis processing facility, an independent cannabis testing laboratory, and a medical cannabis pharmacy;
• provides for security and tracking of medical cannabis and a medical cannabis product from cultivation to use to ensure safety and chemical content;
• requires certain labeling and childproof packaging of medical cannabis and a medical cannabis product;
• requires the Department of Agriculture and Food, the Department of Health, the Department of Public Safety, and the Department of Technology Services to create an electronic verification system to facilitate recommendation, dispensing, and record-keeping for medical cannabis transactions;
• allows physicians, osteopathic physicians, advanced practice registered nurses, and physician assistants to recommend medical cannabis;
• allows an individual with a qualifying condition to obtain a medical cannabis patient card on the recommendation of a certain medical professional to gain access to medical cannabis;
• allows a patient to designate a caregiver to assist with accessing medical cannabis;
• provides for a parent or legal guardian to obtain a medical cannabis guardian card for an eligible minor patient and for the minor patient to concurrently receive a provisional patient card;
• provides certain state employment discrimination protection for an individual who lawfully uses medical cannabis;
• limits the form and amount of medical cannabis available to a patient at one time;
• prohibits a minor from entering a medical cannabis pharmacy;
• requires the Department of Health to establish the state central fill medical cannabis pharmacy;

Every vote on this bill

Bill text

UTAH MEDICAL CANNABIS ACT
THIRD SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Gregory H. Hughes
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill provides for the cultivation, processing, medical recommendation, and patient
use of medical cannabis.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides for licensing and regulation of a cannabis cultivation facility, a cannabis
processing facility, an independent cannabis testing laboratory, and a medical
cannabis pharmacy;
▸ provides for security and tracking of medical cannabis and a medical cannabis
product from cultivation to use to ensure safety and chemical content;
▸ requires certain labeling and childproof packaging of medical cannabis and a
medical cannabis product;
▸ requires the Department of Agriculture and Food, the Department of Health, the
Department of Public Safety, and the Department of Technology Services to create
an electronic verification system to facilitate recommendation, dispensing, and
record-keeping for medical cannabis transactions;
▸ allows physicians, osteopathic physicians, advanced practice registered nurses, and
physician assistants to recommend medical cannabis;
▸ allows an individual with a qualifying condition to obtain a medical cannabis
patient card on the recommendation of a certain medical professional to gain access
to medical cannabis;
▸ allows a patient to designate a caregiver to assist with accessing medical cannabis;
▸ provides for a parent or legal guardian to obtain a medical cannabis guardian card
for an eligible minor patient and for the minor patient to concurrently receive a
provisional patient card;
▸ provides certain state employment discrimination protection for an individual who
lawfully uses medical cannabis;
▸ limits the form and amount of medical cannabis available to a patient at one time;
▸ prohibits a minor from entering a medical cannabis pharmacy;
▸ requires the Department of Health to establish the state central fill medical cannabis
pharmacy;
▸ provides for a process of state central fill shipment of medical cannabis and
cannabis product to a local health department for patient retrieval;
▸ creates certain enterprise funds;
▸ imposes criminal penalties for improperly giving or selling medical cannabis;
▸ decriminalizes certain conduct for certain individuals before the medical cannabis
card program and medical cannabis pharmacies are operational;
▸ creates protections from state prosecution for the lawful possession, use, and sale of
medical cannabis;
▸ exempts medical cannabis and medical cannabis products from sales tax;
▸ prohibits a court from considering the lawful use of medical cannabis in a custody
proceeding;
▸ repeals superfluous sections related to authorized use of cannabis or a cannabis
product;
▸ provides a severability clause;
▸ re-enacts language that the voter initiative repealed by implication through use of
outdated code; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
4-41-102
, as last amended by Laws of Utah 2018, Chapters 227 and 452
7-1-401
, as last amended by Laws of Utah 2018, Chapter 446
10-9a-104
, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
17-27a-104
, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
26-61-202
, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018 and last
amended by Laws of Utah 2018, Chapter 110
26-65-102
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
26-65-103
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
30-3-10
, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
34A-2-418
, as last amended by Laws of Utah 2016, Chapter 242
41-6a-517
 (Superseded 07/01/19)
, as last amended by Laws of Utah 2017, Chapter 446
41-6a-517
 (Effective 07/01/19)
, as last amended by Laws of Utah 2018, Chapter 452
49-11-1401
, as last amended by Laws of Utah 2018, Chapter 61
53-1-106.5
, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
58-17b-302
, as last amended by Laws of Utah 2014, Chapter 72
58-17b-310
, as enacted by Laws of Utah 2004, Chapter 280
58-17b-502
, as last amended by Laws of Utah 2018, Chapter 295
58-31b-305
, as last amended by Laws of Utah 2014, Chapter 316
58-31b-502
, as last amended by Laws of Utah 2016, Chapter 127
58-37-3.6
 (Superseded 07/01/19)
, as last amended by Laws of Utah 2018, Chapters
333 and 446
58-37-3.6
 (Effective 07/01/19)
, as last amended by Laws of Utah 2018, Chapters 333,
446, and 452
58-37-3.7
, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
58-37-3.8
, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
58-37-3.9
, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
58-37f-203
 (Effective 07/01/19)
, as last amended by Laws of Utah 2018, Chapters 123
and 452
58-67-304
, as last amended by Laws of Utah 2018, Chapters 282 and 318
58-67-502
, as last amended by Laws of Utah 2017, Chapter 299
58-68-304
, as last amended by Laws of Utah 2018, Chapter 318
58-68-502
, as last amended by Laws of Utah 2017, Chapter 299
58-70a-303
, as last amended by Laws of Utah 2001, Chapter 268
58-70a-503
, as last amended by Laws of Utah 2017, Chapter 309
58-85-102
, as last amended by Laws of Utah 2018, Chapter 333
58-85-104
, as last amended by Laws of Utah 2018, Chapter 333
58-85-105
, as last amended by Laws of Utah 2018, Chapter 333
62A-4a-202.1
, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018
63I-1-226
, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018 and last
amended by Laws of Utah 2018, Chapters 180, 281, 384, 430, and 468
63I-1-258
, as amended by Statewide Initiative -- Proposition 2, Nov. 6, 2018 and last
amended by Laws of Utah 2018, Chapter 399
67-19-33
, as last amended by Laws of Utah 2006, Chapter 139
78A-6-508
 (Superseded 07/01/19)
, as last amended by Laws of Utah 2014, Chapter
409
78A-6-508
 (Effective 07/01/19)
, as last amended by Laws of Utah 2018, Chapter 452
ENACTS:
4-41a-104
, Utah Code Annotated 1953
4-41a-105
, Utah Code Annotated 1953
4-41a-106
, Utah Code Annotated 1953
4-41a-405
, Utah Code Annotated 1953
26-36d-101
, Utah Code Annotated 1953
26-36d-102
, Utah Code Annotated 1953
26-36d-103
, Utah Code Annotated 1953
26-36d-201
, Utah Code Annotated 1953
26-36d-202
, Utah Code Annotated 1953
26-36d-203
, Utah Code Annotated 1953
26-36d-204
, Utah Code Annotated 1953
26-36d-205
, Utah Code Annotated 1953
26-36d-206
, Utah Code Annotated 1953
26-36d-207
, Utah Code Annotated 1953
26-36d-208
, Utah Code Annotated 1953
26-61a-108
, Utah Code Annotated 1953
26-61a-110
, Utah Code Annotated 1953
26-61a-112
, Utah Code Annotated 1953
26-61a-113
, Utah Code Annotated 1953
26-61a-114
, Utah Code Annotated 1953
26-61a-205
, Utah Code Annotated 1953
26-61a-403
, Utah Code Annotated 1953
26-61a-503
, Utah Code Annotated 1953
26-61a-601
, Utah Code Annotated 1953
26-61a-602
, Utah Code Annotated 1953
26-61a-603
, Utah Code Annotated 1953
26-61a-604
, Utah Code Annotated 1953
26-61a-605
, Utah Code Annotated 1953
26-61a-606
, Utah Code Annotated 1953
26-61a-607
, Utah Code Annotated 1953
26-61a-608
, Utah Code Annotated 1953
26-61a-609
, Utah Code Annotated 1953
26-61a-610
, Utah Code Annotated 1953
26-61a-611
, Utah Code Annotated 1953
26-61a-701
, Utah Code Annotated 1953
58-20b-101
, Utah Code Annotated 1953
58-20b-102
, Utah Code Annotated 1953
58-20b-201
, Utah Code Annotated 1953
58-20b-301
, Utah Code Annotated 1953
58-20b-302
, Utah Code Annotated 1953
58-20b-303
, Utah Code Annotated 1953
58-20b-304
, Utah Code Annotated 1953
58-20b-305
, Utah Code Annotated 1953
58-20b-401
, Utah Code Annotated 1953
58-20b-501
, Utah Code Annotated 1953
59-12-104.10
, Utah Code Annotated 1953
62A-3-322
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
4-41a-101
, (Renumbered from 4-41b-101, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-102
, (Renumbered from 4-41b-102, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-103
, (Renumbered from 4-41b-103, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-201
, (Renumbered from 4-41b-201, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-202
, (Renumbered from 4-41b-302, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-203
, (Renumbered from 4-41b-202, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-204
, (Renumbered from 4-41b-203, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-205
, (Renumbered from 4-41b-204, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-301
, (Renumbered from 4-41b-301, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-302
, (Renumbered from 4-41b-303, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-401
, (Renumbered from 4-41b-401, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-402
, (Renumbered from 4-41b-402, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-403
, (Renumbered from 4-41b-403, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-404
, (Renumbered from 4-41b-404, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-406
, (Renumbered from 4-41b-405, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-501
, (Renumbered from 4-41b-501, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-502
, (Renumbered from 4-41b-502, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-601
, (Renumbered from 4-41b-601, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-602
, (Renumbered from 4-41b-602, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-603
, (Renumbered from 4-41b-603, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-701
, (Renumbered from 4-41b-701, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-702
, (Renumbered from 4-41b-702, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-801
, (Renumbered from 4-41b-801, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-802
, (Renumbered from 4-41b-802, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-101
, (Renumbered from 26-60b-101, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-102
, (Renumbered from 26-60b-102, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-103
, (Renumbered from 26-60b-103, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-104
, (Renumbered from 26-60b-105, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-105
, (Renumbered from 26-60b-106, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-106
, (Renumbered from 26-60b-107, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-107
, (Renumbered from 26-60b-108, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-109
, (Renumbered from 26-60b-109, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-111
, (Renumbered from 26-60b-110, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-201
, (Renumbered from 26-60b-201, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-202
, (Renumbered from 26-60b-202, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-203
, (Renumbered from 26-60b-203, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-204
, (Renumbered from 26-60b-204, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-301
, (Renumbered from 26-60b-301, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-302
, (Renumbered from 26-60b-402, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-303
, (Renumbered from 26-60b-302, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-304
, (Renumbered from 26-60b-303, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-305
, (Renumbered from 26-60b-304, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-401
, (Renumbered from 26-60b-401, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-402
, (Renumbered from 26-60b-403, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-501
, (Renumbered from 26-60b-501, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-502
, (Renumbered from 26-60b-502, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-504
, (Renumbered from 26-60b-503, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-505
, (Renumbered from 26-60b-504, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-506
, (Renumbered from 26-60b-505, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-507
, (Renumbered from 26-60b-506, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-702
, (Renumbered from 26-60b-601, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-703
, (Renumbered from 26-60b-602, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
REPEALS:
4-41-201
, as enacted by Laws of Utah 2018, Chapter 446
4-41-202
, as enacted by Laws of Utah 2018, Chapter 446
4-41-203
, as enacted by Laws of Utah 2018, Chapter 446
4-41-301
, as enacted by Laws of Utah 2018, Chapter 446
4-41-302
, as enacted by Laws of Utah 2018, Chapter 446
4-41-303
, as enacted by Laws of Utah 2018, Chapter 446
4-41-304
, as enacted by Laws of Utah 2018, Chapter 446
4-41b-104
, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
4-43-101
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-102
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-201
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-202
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-203
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-301
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-401
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-402
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-501
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-502
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-503
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-601
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-602
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-701
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-702
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-703
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
4-43-801
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
26-60b-104
, as enacted by Statewide Initiative -- Proposition 2, Nov. 6, 2018
58-67-808
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
58-68-808
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
58-85-103.5
, as enacted by Laws of Utah 2018, Chapter 333
58-88-101
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
58-88-102
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
58-88-103
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
58-88-104
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
59-12-104.7
 (Repealed 01/01/19)
, as repealed by Laws of Utah 2018, Second Special
Session, Chapter 6
59-12-104.9
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
59-29-101
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
59-29-102
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
59-29-103
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
59-29-104
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
59-29-105
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
59-29-106
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
59-29-107
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
59-29-108
 (Effective 07/01/19)
, as enacted by Laws of Utah 2018, Chapter 452
Utah Code Sections Affected by Revisor Instructions:
4-41a-106
, Utah Code Annotated 1953
4-41a-201
, Utah Code Annotated 1953
4-41a-301
, (Renumbered from 4-41b-301, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
4-41a-401
, (Renumbered from 4-41b-401, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-114
, Utah Code Annotated 1953
26-61a-202
, (Renumbered from 26-60b-202, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-301
, (Renumbered from 26-60b-301, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-401
, (Renumbered from 26-60b-401, as enacted by Statewide Initiative --
Proposition 2, Nov. 6, 2018)
26-61a-602
, Utah Code Annotated 1953
26-61a-606
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-41-102
 is amended to read:
4-41-102.
Definitions.
[
For purposes of
] 
As used in
 this chapter:
(1) "Agricultural pilot program" means a program to study the growth, cultivation, or
marketing of industrial hemp.
(2) "Cannabidiol product" means a chemical compound extracted from a hemp product
that:
(a) is processed into a medicinal dosage form; and
(b) contains less than 0.3% tetrahydrocannabinol by 
dry
 weight [
before processing and
no more than a 10:1 ratio of cannabidiol to tetrahydrocannabinol after processing
].
(3) "Industrial hemp" means any part of a cannabis plant, whether growing or not, with
a concentration of less than 0.3% tetrahydrocannabinol by 
dry
 weight.
(4) "Industrial hemp certificate" means a certificate issued by the department to a
higher education institution to grow or cultivate industrial hemp under Subsection 
4-41-103
(1).
(5) "Industrial hemp license" means a license issued by the department to a person for
the purpose of participating in a research pilot program.
(6) "Industrial hemp product" means a product derived from, or made by, processing
industrial hemp plants or industrial hemp parts.
(7) "Licensee" means an individual or business entity possessing a license issued by the
department under this chapter to grow, cultivate, process, or market industrial hemp or an
industrial hemp product.
(8) "Medicinal dosage form" means [
the same as that term is defined in Section
26-65-102
.
]
:
(a) a tablet;
(b) a capsule;
(c) a concentrated oil;
(d) a sublingual preparation;
(e) a topical preparation;
(f) a transdermal preparation;
(g) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular
cuboid shape; or
(h) other preparations that the department approves.
(9) "Person" means:
(a) an individual, partnership, association, firm, trust, limited liability company, or
corporation; and
(b) an agent or employee of an individual, partnership, association, firm, trust, limited
liability company, or corporation.
(10) "Research pilot program" means a program conducted by the department in
collaboration with at least one licensee to study methods of cultivating, processing, or
marketing industrial hemp.
Section 2. Section 
4-41a-101
, which is renumbered from Section 4-41b-101 is
renumbered and amended to read:
CHAPTER 41a. CANNABIS PRODUCTION ESTABLISHMENTS
Part 1. General Provisions.
[
4-41b-101
].
 4-41a-101.
Title.
[
(1)
] This chapter is known as "Cannabis Production Establishments."
Section 3. Section 
4-41a-102
, which is renumbered from Section 4-41b-102 is
renumbered and amended to read:
[
4-41b-102
].
 4-41a-102.
Definitions.
As used in this chapter:
(1) "Cannabis" means the same as that term is defined in Section [
58-37-3.9
]
26-61a-102
.
(2) "Cannabis cultivation facility" means a person that:
(a) possesses cannabis;
(b) grows or intends to grow cannabis; and
(c) sells or intends to sell cannabis to 
a
 cannabis [
production establishments
]
cultivation facility
 or to 
a
 cannabis [
dispensaries
] 
processing facility
.
(3) "Cannabis cultivation facility agent" means an individual who
:
(a)
 is an [
owner, officer, director, board member,
] employee[
, or volunteer
] of a
cannabis cultivation facility[
.
]
; and
(b) holds a valid cannabis production establishment agent registration card.
[
(4) "Cannabis dispensary" means the same as that term is defined in Section
26-60b-102
.
]
[
(5) "Cannabis dispensary agent" means the same as that term is defined in Section
26-60b-102
.
]
[
(6)
] 
(4)
 "Cannabis processing facility" means a person that:
(a) acquires or intends to acquire cannabis from a cannabis production establishment 
or
a holder of an industrial hemp processor license under Title 4, Chapter 41, Hemp and
Cannabidiol Act
;
(b) possesses cannabis with the intent to manufacture a cannabis product;
(c) manufactures or intends to manufacture a cannabis product from unprocessed
cannabis 
or a cannabis extract
; and
(d) sells or intends to sell a cannabis product to a 
medical
 cannabis [
dispensary
]
pharmacy or the state central fill medical cannabis pharmacy
.
[
(7)
] 
(5)
 "Cannabis processing facility agent" means an individual who
:
(a)
 is an [
owner, officer, director, board member,
] employee[
, or volunteer
] of a
cannabis processing facility[
.
]
; and
(b) holds a valid cannabis production establishment agent registration card.
[
(8)
] 
(6)
 "Cannabis product" means the same as that term is defined in Section
[
58-37-3.9
] 
26-61a-102
.
[
(9)
] 
(7)
 "Cannabis production establishment" means a cannabis cultivation facility, a
cannabis processing facility, or an independent cannabis testing laboratory.
[
(10)
] 
(8)
 "Cannabis production establishment agent" means a cannabis cultivation
facility agent, a cannabis processing facility agent, or an independent cannabis testing
laboratory agent.
[
(11)
] 
(9)
 "Cannabis production establishment agent registration card" means a
registration card[
, issued by
] 
that
 the department[
,
] 
issues
 that
:
(a)
 authorizes an individual to act as a cannabis production establishment agent
;
 and
(b)
 designates the type of cannabis production establishment for which an individual is
authorized to act as an agent.
[
(12)
] 
(10)
 "Community location" means a public or private school, a church, a public
library, a public playground, or a public park.
(11) "Department" means the Department of Agriculture and Food.
(12) "Family member" means a parent, step-parent, spouse, child, sibling, step-sibling,
uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
(13) "Independent cannabis testing laboratory" means a person that:
(a) conducts a chemical or other analysis of cannabis or a cannabis product; or
(b) acquires, possesses, and transports cannabis or a cannabis product with the intent to
conduct a chemical or other analysis of the cannabis or cannabis product.
(14) "Independent cannabis testing laboratory agent" means an individual who
:
(a)
 is an [
owner, officer, director, board member,
] employee[
, or volunteer
] of an
independent cannabis testing laboratory[
.
]
; and
(b) holds a valid cannabis production establishment agent registration card.
(15) "Inventory control system" means [
the
] 
a
 system described in Section [
4-41b-103
]
4-41a-103
.
(16) "Medical cannabis" means the same as that term is defined in Section 
26-61a-102
.
[
(16)
] 
(17)
 "Medical cannabis card" means the same as that term is defined in Section
[
26-60b-102
] 
26-61a-102
.
(18) "Medical cannabis pharmacy" means the same as that term is defined in Section
26-61a-102
.
(19) "Medical cannabis pharmacy agent" means the same as that term is defined in
Section 
26-61a-102
.
[
(17) "Medical Cannabis Restricted Account" means the account created in Section
26-60b-109
.
]
(20) "Medical cannabis treatment" means the same as that term is defined in Section
26-61a-102
.
(21) "Medicinal dosage form" means the same as that term is defined in Section
26-61a-102
.
[
(18) "Physician"
] 
(22) "Qualified medical provider"
 means the same as that term is
defined in Section [
26-60b-107
] 
26-61a-102
.
(23) "Qualified Production Enterprise Fund" means the fund created in Section
4-41a-104
.
(24) "State central fill agent" means the same as that term is defined in Section
26-61a-102
.
(25) "State central fill medical cannabis pharmacy" means the same as that term is
defined in Section 
26-61a-102
.
(26) "State central fill shipment" means the same as that term is defined in Section
26-61a-102
.
[
(19)
] 
(27)
 "State electronic verification system" means the system described in Section
[
26-60b-103
] 
26-61a-103
.
(28) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic
equivalent as described in Subsection 
58-37-4
(2)(a)(iii)(AA).
(29) "Total composite tetrahydrocannabinol" means delta-9-tetrahydrocannabinol and
tetrahydrocannabinolic acid.
Section 4. Section 
4-41a-103
, which is renumbered from Section 4-41b-103 is
renumbered and amended to read:
[
4-41b-103
].
 4-41a-103.
Inventory control system.
(1) [
A
] 
Each
 cannabis production establishment [
and a
]
, each medical
 cannabis
[
dispensary
] 
pharmacy, and the state central fill medical cannabis pharmacy
 shall maintain an
inventory control system that meets the requirements of this section.
(2) [
An
] 
A cannabis production establishment, a medical cannabis pharmacy, and the
state central fill medical cannabis pharmacy shall ensure that the
 inventory control system
[
shall track
] 
maintained by the establishment or pharmacy:
 (a) tracks
 cannabis using a unique identifier, in real time, from the point that a cannabis
plant is eight inches tall[
,
] and has a root ball[
,
] until the cannabis is disposed of or sold, in the
form of unprocessed cannabis or a cannabis product, to an individual with a medical cannabis
card[
. (3) An inventory control system shall store
]
;
(b) maintains
 in real time a record of the amount of cannabis and cannabis products in
the [
cannabis production establishment's or cannabis dispensary's
] possession[
. (4) An
inventory control system shall include
] 
of the establishment or pharmacy;
(c) includes
 a video recording system that:
[
(a)
] 
(i)
 tracks all handling and processing of cannabis or a cannabis product in the
[
cannabis production
] establishment or [
cannabis dispensary
] 
pharmacy
;
[
(b)
] 
(ii)
 is tamper proof; [
and (c) is capable of storing
]
(iii) stores
 a video record for 
at least
days[
. (5) An inventory control system
installed in a cannabis production establishment or cannabis dispensary shall maintain
]
; and
(d) preserves
 compatibility with the state electronic verification system 
described in
Section 
26-61a-103
.
[
(6)
] 
(3)
 A cannabis production establishment [
or
]
, a medical
 cannabis [
dispensary
]
pharmacy, and the state central fill medical cannabis pharmacy
 shall allow the department or
the Department of Health access to the cannabis production establishment's [
or
]
, medical
cannabis [
dispensary's
] 
pharmacy's, or state central fill medical cannabis pharmacy's
 inventory
control system [
during an inspection
] 
at any time
.
[
(7)
] 
(4)
 The department may establish compatibility standards for an inventory control
system by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(5) (a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establishing requirements for aggregate or batch records
regarding the planting and propagation of cannabis before being tracked in an inventory control
system described in this section.
(b) The department shall ensure that the rules described in Subsection (5)(a) address
record-keeping for the amount of planted seed, number of cuttings taken, date and time of
cutting and planting, number of plants established, and number of plants culled or dead.
Section 5. Section 
4-41a-104
 is enacted to read:
 4-41a-104.
Qualified Production Enterprise Fund -- Creation -- Revenue
neutrality.
(1) There is created an enterprise fund known as the "Qualified Production Enterprise
Fund."
(2) The fund created in this section is funded from:
(a) money the department deposits into the fund under this chapter;
(b) appropriations the Legislature makes to the fund; and
(c) the interest described in Subsection (3).
(3) Interest earned on the Qualified Production Enterprise Fund shall be deposited into
the fund.
(4) The department may only use money in the fund to fund the department's
implementation of this chapter.
(5) The department shall set fees authorized under this chapter in amounts that the
department anticipates are necessary, in total, to cover the department's cost to implement this
chapter.
Section 6. Section 
4-41a-105
 is enacted to read:
 4-41a-105.
Agreement with a tribe.
(1) As used in this section, "tribe" means a federally recognized Indian tribe or Indian
band.
(2) (a) In accordance with this section, the governor may enter into an agreement with a
tribe to allow for the operation of a cannabis production establishment on tribal land located
within the state.
(b) An agreement described in Subsection (2)(a) may not exempt any person from the
requirements of this chapter.
(c) The governor shall ensure that an agreement described in Subsection (2)(a):
(i) is in writing;
(ii) is signed by:
(A) the governor; and
(B) the governing body of the tribe that the tribe designates and has the authority to
bind the tribe to the terms of the agreement;
(iii) states the effective date of the agreement;
(iv) provides that the governor shall renegotiate the agreement if the agreement is or
becomes inconsistent with a state statute; and
(v) includes any accommodation that the tribe makes:
(A) to which the tribe agrees; and
(B) that is reasonably related to the agreement.
(d) Before executing an agreement under this Subsection (2), the governor shall consult
with the department.
(e) At least 30 days before the execution of an agreement described in this Subsection
(2), the governor or the governor's designee shall provide a copy of the agreement in the form
in which the agreement will be executed to:
(i) the chairs of the Native American Legislative Liaison Committee; and
(ii) the Office of Legislative Research and General Counsel.
Section 7. Section 
4-41a-106
 is enacted to read:
 4-41a-106.
Severability clause.
(1) If a final decision of a court of competent jurisdiction holds invalid any provision
of this title or this bill or the application of any provision of this title or this bill to any person
or circumstance, the remaining provisions of this title and this bill remain effective without the
invalidated provision or application.
(2) The provisions of this title and this bill are severable.
Section 8. Section 
4-41a-201
, which is renumbered from Section 4-41b-201 is
renumbered and amended to read:
Part 2. Cannabis Production Establishment
[
4-41b-201
].
 4-41a-201.
Cannabis production establishment -- License.
(1) A person may not operate a cannabis production establishment without a license
[
issued by
] 
that
 the department 
issues
 under this chapter.
(2) 
(a)
 Subject to Subsections (6) [
and
]
,
 (7)
, and (8)
, and to Section [
4-41b-204
]
4-41a-205
, the department shall, [
within 90 days after receiving a complete application
] 
in
accordance with Title 63G, Chapter 6a, Utah Procurement Code
, issue a license to operate a
cannabis production establishment to [
a person who
] 
an applicant who is eligible for a license
under this section.
(b) An applicant is eligible for a license under this section if the applicant
 submits to
the department:
[
(a)
] 
(i)
 a proposed name and address
, located in a zone described in Subsection
4-41a-406
(1)(a) or (b),
 where the [
person
] 
applicant
 will operate the cannabis production
establishment that is not within [
] 
1,000
 feet of a community location or within [
] 
feet of an area zoned [
exclusively
] 
primarily
 for residential use, as measured from the nearest
entrance to the cannabis production establishment by following the shortest route of ordinary
pedestrian travel to the property boundary of the community location or residential area
, unless
the relevant county or municipality recommends in writing that the department waive the
community location proximity limit
;
[
(b)
] 
(ii)
 the name and address of any individual who has
:
(A)
 a financial or voting interest of [
two percent
] 
2%
 or greater in the proposed
cannabis production establishment
;
 or [
who has
]
(B)
 the power to direct or cause the management or control of a proposed [
medical
]
cannabis production establishment;
[
(c)
] 
(iii)
 an operating plan that
:
(A)
 complies with Section [
4-41b-203
 and that
] 
4-41a-204
;
(B)
 includes operating procedures [
to
] 
that
 comply with [
the requirements of
] this
chapter and [
with
] any [
laws adopted by
] 
law
 the municipality or county [
that are
] 
in which the
person is located adopts that is
 consistent with Section [
4-41b-405
] 
4-41a-406
; 
and
(C) the department approves;
[
(d)
] 
(iv)
 [
financial statements demonstrating that the person possesses a minimum of
]
evidence that the applicant has obtained and maintains a performance bond that a surety
authorized to transact surety business in the state issues in an amount of at least:
(A)
 [
$500,000 in liquid assets available
] 
$250,000
 for each cannabis cultivation facility
for which the [
person
] 
applicant
 applies
;
 or [
a minimum of $100,000
]
(B)
 [
in liquid assets available
] 
$50,000
 for each cannabis processing facility or
independent cannabis testing laboratory for which the [
person
] 
applicant
 applies;
[
(e) if the municipality or county where the proposed cannabis production
establishment would be located has enacted zoning restrictions, a sworn statement certifying
that the proposed cannabis production establishment is in compliance with the restrictions;
]
[
(f)
] 
(v)
 if the municipality or county where the proposed cannabis production
establishment would be located requires a local 
land use
 permit [
or license
], a copy of the
applicant's approved
 application for the local 
land use
 permit [
or license
]; and
[
(g)
] 
(vi)
 an application fee [
established by
] 
in an amount that, subject to Subsection
4-41a-104
(5),
 the department 
sets
 in accordance with Section 
63J-1-504
[
, that is necessary to
cover the department's cost to implement this chapter
].
(3) If the department [
determines that a cannabis production establishment is eligible
]
approves an application
 for a license under this section[
,
]
:
(a) the applicant shall pay
 the department [
shall charge the cannabis establishment
] an
initial license fee in an amount [
determined by
] 
that, subject to Subsection 
4-41a-104
(5),
 the
department 
sets
 in accordance with Section 
63J-1-504
[
.
]
; and
(b) the department shall notify the Department of Public Safety of the license approval
and the names of each individual described in Subsection (2)(b)(ii).
(4) 
(a)
 Except as provided in Subsection [
(5)
] 
(4)(b)
, the department shall require a
separate license for each type of cannabis production establishment and each location of a
cannabis production establishment.
[
(5)
] 
(b)
 The department may issue a cannabis cultivation facility license and a
cannabis processing facility license to a person to operate at the same physical location or at
separate physical locations.
(5) If the department receives more than one application for a cannabis production
establishment within the same city or town, the department shall consult with the local land use
authority before approving any of the applications pertaining to that city or town.
(6) The department may not issue a license to operate an independent cannabis testing
laboratory to a person 
who
:
(a) [
that
] holds a license or has an ownership interest in a 
medical
 cannabis
[
dispensary
] 
pharmacy
, a cannabis processing facility, or a cannabis cultivation facility [
in the
state
];
(b) [
that
] has an owner, officer, director, or employee whose [
immediate
] family
member holds a license or has an ownership interest in a 
medical
 cannabis [
dispensary
]
pharmacy
, a cannabis processing facility, or a cannabis cultivation facility; or
(c) [
who
] proposes to operate the independent cannabis testing laboratory at the same
physical location as a 
medical
 cannabis [
dispensary
] 
pharmacy
, a cannabis processing facility,
or a cannabis cultivation facility.
(7) The department may not issue a license to operate a cannabis production
establishment to an applicant if any individual [
who has a financial or voting interest of two
percent or greater in the applicant or who has the power to direct or cause the management or
control of the applicant
] 
described in Subsection (2)(b)(ii)
:
(a) has been convicted [
of an offense that is a felony
] under [
either
] state or federal
law[
; or
] 
of:
(i) a felony; or
(ii) after the effective date of this bill, a misdemeanor for drug distribution; or
(b) is [
less
] 
younger
 than 21 years [
of age
] 
old
.
(8) If an applicant for a cannabis production establishment license under this section
holds a license under Title 4, Chapter 41, Hemp and Cannabidiol Act, or Title 26, Chapter 61a,
Utah Medical Cannabis Act, the department:
(a) shall consult with the Department of Health regarding the applicant if the license
the applicant holds is a license under Title 26, Chapter 61a, Utah Medical Cannabis Act; and
(b) may not give preference to the applicant based on the applicant's status as a holder
of a license described in this Subsection (8).
[
(8)
] 
(9)
 The department may revoke a license under this part
:
(a)
 if the cannabis production establishment [
is
] 
does
 not [
operating
] 
begin cannabis
production operations
 within one year [
of the issuance of
] 
after the day on which the
department issues
 the initial license[
.
]
;
(b) after the cannabis production establishment makes the same violation of this
chapter three times; or
(c) if any individual described in Subsection (2)(b) is convicted, while the license is
active, under state or federal law of:
(i) a felony; or
(ii) after the effective date of this bill, a misdemeanor for drug distribution.
[
(9)
] 
(10)
 The department shall deposit the proceeds of a fee [
imposed by
] 
that the
department imposes under
 this section [
in
] 
into
 the [
Medical Cannabis Restricted Account
]
Qualified Production Enterprise Fund
.
[
(10)
] 
(11)
 The department shall begin accepting applications under this part [
no later
than
] 
on or before
 January 1, 2020.
(12) The department's authority to issue a license under this section is plenary and is
not subject to review.
Section 9. Section 
4-41a-202
, which is renumbered from Section 4-41b-302 is
renumbered and amended to read:
[
4-41b-302
].
 4-41a-202.
Cannabis production establishment owners and
directors -- Criminal background checks.
(1) Each applicant 
for a license as a cannabis production establishment
 shall submit 
to
the department
, at the time of application, from each individual who has a financial or voting
interest of [
two percent
] 
2%
 or greater in the applicant or who has the power to direct or cause
the management or control of the applicant:
(a) a fingerprint card in a form acceptable to the [
department; and
] 
Department of
Public Safety;
(b) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the individual's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
[
(b)
] 
(c)
 consent to a fingerprint background check by
:
(i)
 the Utah Bureau of Criminal Identification
;
 and
(ii)
 the Federal Bureau of Investigation.
[
(2) The department shall request that the Department of Public Safety complete a
Federal Bureau of Investigation criminal background check for the individual described in
Subsection (1).
]
(2) The Bureau of Criminal Identification shall:
(a) check the fingerprints the applicant submits under Subsection (1) against the
applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(b) report the results of the background check to the department;
(c) maintain a separate file of fingerprints that applicants submit under Subsection (1)
for search by future submissions to the local and regional criminal records databases, including
latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(3) The department shall:
(a) assess an individual who submits fingerprints under Subsection (1) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
Identification.
Section 10. Section 
4-41a-203
, which is renumbered from Section 4-41b-202 is
renumbered and amended to read:
[
4-41b-202
].
 4-41a-203.
Renewal.
[
(1)
] The department shall renew a [
person's
] license issued under Section [
4-41b-201
]
4-41a-201
 every [
two years,
] 
year
 if, at the time of renewal:
[
(a)
] 
(1)
 the [
person
] 
licensee
 meets the requirements of Section [
4-41b-201
]
4-41a-201
; [
and
]
[
(b)
] 
(2)
 the [
person
] 
licensee
 pays the department a license renewal fee in an amount
[
determined by
] 
that, subject to Subsection 
4-41a-104
(5),
 the department 
sets
 in accordance
with Section 
63J-1-504
[
.
]
; and
(3) if the cannabis production establishment changes the operating plan described in
Section 
4-41a-204
 that the department approved under Subsection 
4-41a-201
(2)(b)(iii), the
department approves the new operating plan.
Section 11. Section 
4-41a-204
, which is renumbered from Section 4-41b-203 is
renumbered and amended to read:
[
4-41b-203
].
 4-41a-204.
Operating plan.
(1) A person applying for a cannabis production [
facility
] 
establishment
 license 
or
license renewal
 shall submit to the department 
for the department's review
 a proposed
[
operation
] 
operating
 plan that complies with this section and that includes:
(a) a description of the physical characteristics of the proposed facility, including a
floor plan and an architectural elevation;
(b) a description of the credentials and experience of:
(i) each officer, director, [
or
] 
and
 owner of the proposed cannabis production
establishment; and
(ii) any highly skilled or experienced prospective employee;
(c) the cannabis production establishment's employee training standards;
(d) a security plan;
(e) a description of the cannabis production establishment's inventory control system,
including a [
plan to make
] 
description of how
 the inventory control system 
is
 compatible with
the state electronic verification system 
described in Section 
26-61a-103
;
(f) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
manner that is sanitary and preserves the integrity of the cannabis;
[
(f)
] 
(g)
 for a cannabis cultivation facility, the information described in Subsection (2);
[
(g)
] 
(h)
 for a cannabis processing facility, the information described in Subsection (3);
and
[
(h)
] 
(i)
 for an independent cannabis testing laboratory, the information described in
Subsection (4).
(2) 
(a)
 A cannabis cultivation 
facility shall ensure that the
 facility's operating plan
[
shall include the cannabis cultivation
] 
includes the
 facility's intended
:
(i)
 cannabis cultivation practices, including the [
cannabis cultivation
] facility's
intended pesticide use[
,
] 
and
 fertilizer use[
,
]
; and
(ii) subject to Subsection (2)(b), acreage or
 square footage under cultivation[
,
] and
anticipated cannabis yield.
(b) Except as provided in Subsection (2)(c) or (d):
(i) a cannabis cultivation facility that cultivates cannabis indoors may not:
(A) use more than 100,000 square feet for cultivation; or
(B) hang, suspend, stack or otherwise position plants above other plants to cultivate
more plants through use of vertical space; and
(ii) a cannabis cultivation facility that cultivates cannabis outdoors may not use more
than four acres for cultivation.
(c) (i) Each licensee may annually apply to the department for authorization to exceed
the cannabis cultivation facility's current cultivation size limitation by up to 20%.
(ii) The department may, after conducting a review as described in Subsection
4-41a-205
(2)(a), grant the authorization described in Subsection (2)(c)(i).
(d) If a licensee describes an intended acreage or square footage under cultivation
under Subsection (2)(a)(ii) that is less than the limitation described in Subsection (2)(b):
(i) the licensee may not cultivate more than the licensee's identified intended acreage or
square footage under cultivation; and
(ii) notwithstanding Subsection (2)(b), the department may allocate the remaining
difference in acreage or square footage under cultivation to another licensee.
(3) A cannabis processing facility's operating plan shall include the [
cannabis
processing
] facility's intended cannabis processing practices, including the cannabis processing
facility's intended [
offered variety of cannabis product, cannabinoid extraction method,
cannabinoid extraction equipment, processing equipment, processing techniques, and sanitation
and food safety procedures.
]
:
(a) offered variety of cannabis product;
(b) cannabinoid extraction method;
(c) cannabinoid extraction equipment;
(d) processing equipment;
(e) processing techniques; and
(f) sanitation and manufacturing safety procedures for items for human consumption.
(4) An independent cannabis testing laboratory's operating plan shall include the
[
independent cannabis testing
] laboratory's intended
:
(a)
 cannabis and cannabis product testing capability [
and
]
;
(b)
 cannabis and cannabis product testing equipment[
.
]
; and
(c) testing methods, standards, practices, and procedures for testing cannabis and
cannabis products.
Section 12. Section 
4-41a-205
, which is renumbered from Section 4-41b-204 is
renumbered and amended to read:
[
4-41b-204
].
 4-41a-205.
Number of licenses -- Cannabis cultivation
facilities.
(1) Except as [
otherwise
] provided in Subsection [
(2)
] 
(2)(a)
, the department may 
not
issue [
not
] more than [
] 
 licenses to operate 
a
 cannabis cultivation [
facilities
] 
facility
.
(2) 
(a)
 [
After January 1, 2022, the
] 
The
 department may issue [
additional
] 
up to five
licenses to operate 
a
 cannabis cultivation [
facilities
] 
facility in addition to the 10 licenses
described in Subsection (1)
 if the department determines, 
in consultation with the Department
of Health and
 after an 
annual or more frequent
 analysis of the current and anticipated market
for [
medical
] cannabis 
in a medicinal dosage form
 and [
medical
] cannabis products 
in a
medicinal dosage form
, that 
each
 additional [
licenses are needed
] 
license is necessary
 to
provide an adequate supply, quality, or variety of [
medical
] cannabis 
in a medicinal dosage
form
 and [
medical
] cannabis products 
in a medicinal dosage form
 to medical cannabis [
card
holders in Utah
] 
cardholders
.
(b) If the recipient of one of the initial 10 licenses described in Subsection (1) ceases
operations or otherwise abandons the license, the department may but is not required to grant
the vacant license to another applicant based on an analysis as described in Subsection (2)(a).
(3) If there are more qualified applicants than [
there are
] 
the number of
 available
licenses for cannabis cultivation facilities 
under Subsections (1) and (2)
, the department shall
evaluate the applicants and award 
the limited number of
 licenses 
described in Subsections (1)
and (2)
 to the applicants that best demonstrate:
(a) experience with establishing and successfully operating a business that involves
:
(i)
 complying with a regulatory environment[
,
]
;
(ii)
 tracking inventory[
,
]
;
 and
(iii)
 training, evaluating, and monitoring employees;
(b) an operating plan that will best ensure the safety and security of patrons and the
community;
(c) positive connections to the local community; and
(d) the extent to which the applicant can reduce the cost 
to patients
 of cannabis 
in a
medicinal dosage form
 or cannabis products [
for patients
] 
in a medicinal dosage form
.
(4) The department may conduct a face-to-face interview with an applicant for a
license that the department evaluates under Subsection (3).
Section 13. Section 
4-41a-301
, which is renumbered from Section 4-41b-301 is
renumbered and amended to read:
Part 3. Cannabis Production Establishments Agents
[
4-41b-301
].
 4-41a-301.
Cannabis production establishment agent --
Registration.
(1) An individual may not act as a cannabis production establishment agent unless 
the
department registers
 the individual [
is registered by the department
] as a cannabis production
establishment agent.
(2) [
A physician
] 
The following individuals, regardless of the individual's status as a
qualified medical provider,
 may not serve as a cannabis production establishment agent[
.
]
, have
a financial or voting interest of 2% or greater in a cannabis production establishment, or have
the power to direct or cause the management or control of a cannabis production establishment:
(a) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(b) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(c) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(d) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
(3) An independent cannabis testing laboratory agent may not act as an agent for a
medical
 cannabis [
dispensary
] 
pharmacy, the state central fill medical cannabis pharmacy
, a
cannabis processing facility, or a cannabis cultivation facility.
(4) 
(a)
 The department shall, within 15 business days after [
receiving
] 
the day on which
the department receives
 a complete application from a cannabis production establishment on
behalf of a prospective cannabis production establishment agent, register and issue a cannabis
production establishment agent registration card to [
an individual who
] 
the prospective agent if
the cannabis production establishment
:
[
(a)
] 
(i)
 provides to the department
:
(A)
 the [
individual's
] 
prospective agent's
 name and address [
and
]
;
(B)
 the name and location of a licensed cannabis production establishment where the
[
individual
] 
prospective agent
 will act as the cannabis production establishment's agent; and
(C) the submission required under Subsection (4)(b); and
[
(b)
] 
(ii)
 pays a fee to the department[
,
] in an amount [
determined by
] 
that, subject to
Subsection 
4-41a-104
(5),
 the department 
sets
 in accordance with Section 
63J-1-504
[
, that is
necessary to cover the department's cost to implement this part
].
(b) Each prospective agent described in Subsection (4)(a) shall:
(i) submit to the department:
(A) a fingerprint card in a form acceptable to the Department of Public Safety; and
(B) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
(ii) consent to a fingerprint background check by:
(A) the Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(c) The Bureau of Criminal Identification shall:
(i) check the fingerprints the prospective agent submits under Subsection (4)(b) against
the applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(ii) report the results of the background check to the department;
(iii) maintain a separate file of fingerprints that prospective agents submit under
Subsection (4)(b) for search by future submissions to the local and regional criminal records
databases, including latent prints;
(iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(v) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(d) The department shall:
(i) assess an individual who submits fingerprints under Subsection (4)(b) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(ii) remit the fee described in Subsection (4)(d) to the Bureau of Criminal
Identification.
(5) The department shall designate, on an individual's cannabis production
establishment agent registration card:
(a) the name of the cannabis production establishment where the individual is
registered as an agent; and
(b) the type of cannabis production establishment for which the individual is
authorized to act as an agent.
(6) A cannabis production establishment agent shall comply with
:
(a)
 a certification standard [
developed by
] 
that
 the department 
develops;
 or
(b)
 [
with a third party
] 
a third-party
 certification standard [
designated by
] 
that
 the
department 
designates
 by rule [
made
]
,
 in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(7) The 
department shall ensure that the
 certification standard described in Subsection
(6) [
shall include
] 
includes
 training:
(a) in Utah medical cannabis law;
(b) for a cannabis cultivation facility agent, in cannabis cultivation best practices;
(c) for a cannabis processing facility agent, in cannabis processing, [
food
]
manufacturing
 safety 
procedures for items for human consumption
, and sanitation best
practices; and
(d) for an independent cannabis testing laboratory agent, in cannabis testing best
practices.
(8) [
The department may revoke or refuse to issue the
] 
For an individual who holds or
applies for a
 cannabis production establishment agent registration card [
of an individual who
]:
(a) 
the department may revoke or refuse to issue the card if the individual
 violates the
requirements of this chapter; [
or
] 
and
(b) 
the department shall revoke or refuse to issue the card if the individual
 is convicted
[
of an offense that is a felony
] under state or federal law 
of:
(i) a felony; or
(ii) after the effective date of this bill, a misdemeanor for drug distribution.
(9) (a) A cannabis production establishment agent registration card expires two years
after the day on which the department issues the card.
(b) A cannabis production establishment agent may renew the agent's registration card
if the agent:
(i) is eligible for a cannabis production establishment registration card under this
section;
(ii) certifies to the department in a renewal application that the information in
Subsection (4)(a) is accurate or updates the information; and
(iii) pays to the department a renewal fee in an amount that:
(A) subject to Subsection 
4-41a-104
(5), the department sets in accordance with Section
63J-1-504
; and
(B) may not exceed the cost of the relatively lower administrative burden of renewal in
comparison to the original application process
.
Section 14. Section 
4-41a-302
, which is renumbered from Section 4-41b-303 is
renumbered and amended to read:
[
4-41b-303
].
 4-41a-302.
Cannabis production establishment agent
registration card -- Rebuttable presumption.
(1) A cannabis production establishment agent [
who is registered with
] 
whom
 the
department 
registers
 under Section [
4-41b-301
] 
4-41a-301
 shall carry the individual's cannabis
production establishment agent registration card with the [
individual
] 
agent
 at all times when:
(a) the [
individual
] 
agent
 is on the premises of a cannabis production establishment
where the [
individual
] 
agent
 is [
a cannabis production establishment agent
] 
registered
; [
and
]
(b) the [
individual
] 
agent
 is transporting cannabis 
in a medicinal dosage form
, a
cannabis product 
in a medicinal dosage form
, or a medical cannabis device between
:
(i)
 two cannabis production establishments
;
 or [
between
]
(ii)
 a cannabis production establishment and
:
(A)
 a 
medical
 cannabis [
dispensary
] 
pharmacy; or
(B) the state central fill medical cannabis pharmacy; and
(c) if the cannabis production establishment agent is an agent of a cannabis cultivating
facility, the agent is transporting raw cannabis plants to a cannabis processing facility or an
independent cannabis testing laboratory
.
(2) If [
an individual
] 
a cannabis processing facility agent possesses cannabis in a
medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis
device and produces the registration card in the agent's possession in compliance with
Subsection (1) while
 handling
, at a cannabis production establishment, or transporting the
cannabis, [
a
] cannabis product, or [
a
] medical cannabis device [
at a cannabis production
establishment, or transporting cannabis, a cannabis product, or a medical cannabis device,
possesses the cannabis, cannabis product, or medical cannabis device
] in compliance with
Subsection (1):
(a) there is a rebuttable presumption that the [
individual
] 
agent
 possesses the cannabis,
cannabis product, or medical cannabis device legally; and
(b) a law enforcement officer does not have probable cause, based solely on the
[
individual's
] 
agent's
 possession of the cannabis 
in medicinal dosage form
, cannabis product 
in
medicinal dosage form
, or medical cannabis device in compliance with Subsection (1), to
believe that the individual is engaging in illegal activity.
(3) 
(a)
 [
An individual
] 
A cannabis production establishment agent
 who [
violates
] 
fails
to carry the agent's cannabis production establishment agent registration card in accordance
with
 Subsection (1) is:
(i) for a first or second offense in a two-year period:
[
(a)
] 
(A)
 guilty of an infraction; and
[
(b)
] 
(B)
 [
is
] subject to a $100 fine[
.
]
; or
(ii) for a third or subsequent offense in a two-year period:
(A) guilty of a class C misdemeanor; and
(B) subject to a $750 fine.
(b) (i) The prosecuting entity shall notify the department and the relevant cannabis
production establishment of each conviction under Subsection (3)(a).
(ii) For each violation described in Subsection (3)(a)(ii), the department may assess the
relevant cannabis production establishment a fine of up to $5,000, in accordance with a fine
schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(c) An individual who is guilty of a violation described in Subsection (3)(a) is not
guilty for a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (3)(a).
Section 15. Section 
4-41a-401
, which is renumbered from Section 4-41b-401 is
renumbered and amended to read:
Part 4. General Cannabis Production Establishment Operating Requirements
[
4-41b-401
].
 4-41a-401.
Cannabis production establishment -- General
operating requirements.
(1) (a) A cannabis production establishment shall operate in accordance with the
operating plan [
provided to the department under Section 
4-41b-203
] 
described in Sections
4-41a-201
 and 
4-41a-204
.
(b) A cannabis production establishment shall notify the department before a change in
the cannabis production establishment's operating plan.
(c) (i) If a cannabis production establishment changes the cannabis production
establishment's operating plan, the establishment shall ensure that the new operating plan
complies with this chapter.
(ii) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, a process to:
(A) review a change notification described in Subsection (1)(b);
(B) identify for the cannabis production establishment each point of noncompliance
between the new operating plan and this chapter;
(C) provide an opportunity for the cannabis production establishment to address each
identified point of noncompliance; and
(D) suspend or revoke a license if the cannabis production establishment fails to cure
the noncompliance.
(2) A cannabis production establishment shall operate:
(a) except as provided in Subsection (5), in a facility that is accessible only by an
individual with a valid cannabis production establishment agent registration card issued under
Section [
4-41b-301
] 
4-41a-301
; and
(b) at the physical address provided to the department under Section [
4-41b-201
]
4-41a-201
.
(3) A cannabis production establishment may not employ [
any person
] 
an individual
who is younger than 21 years [
of age
] 
old
.
(4) A cannabis production establishment [
shall conduct a background check into the
criminal history of every person who will become an agent of the cannabis production
establishment and
] may not employ [
any person
] 
an individual
 who has been convicted
,
 [
of an
offense that is a felony
] under [
either
] state or federal law[
.
]
, of:
(a) a felony; or
(b) after the effective date of this bill, a misdemeanor for drug distribution.
(5) A cannabis production establishment may authorize an individual who is 
at least 18
years old and is
 not a cannabis production establishment agent to access the cannabis
production establishment if the cannabis production establishment
:
(a)
 tracks and monitors the individual at all times while the individual is at the
cannabis production establishment
;
 and
(b)
 maintains a record of the individual's access
, including arrival and departure
.
(6) A cannabis production establishment shall operate in a facility that has:
(a) a single, secure public entrance;
(b) a security system with a backup power source that:
(i) detects and records entry into the cannabis production establishment; and
(ii) provides notice of an unauthorized entry to law enforcement when the cannabis
production establishment is closed; and
(c) a lock 
or equivalent restrictive security feature
 on any area where the cannabis
production establishment stores cannabis or a cannabis product.
Section 16. Section 
4-41a-402
, which is renumbered from Section 4-41b-402 is
renumbered and amended to read:
[
4-41b-402
].
 4-41a-402.
Inspections.
(1)
 The department may inspect the records and facility of a cannabis production
establishment at any time [
in order
] 
during business hours
 to determine if the cannabis
production establishment complies with [
the requirements of
] this chapter.
(2) (a) An inspection under this section may include:
(i) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
physical or electronic information;
(ii) questioning of any relevant individual;
(iii) observation of an independent cannabis testing laboratory's methods, standards,
practices, and procedures;
(iv) the taking of a specimen of cannabis or cannabis products sufficient for testing
purposes; or
(v) inspection of equipment, an instrument, a tool, or machinery, including a container
or label.
(b) Notwithstanding Section 
4-41a-404
, an authorized department employee may
possess and transport a specimen of cannabis or cannabis products for testing described in
Subsection (2)(a).
(3) In making an inspection under this section, the department may freely access any
area and review and make copies of a book, record, paper, document, data, or other physical or
electronic information, including financial data, sales data, shipping data, pricing data, and
employee data.
(4) Failure to provide the department or the department's authorized agents immediate
access to records and facilities during business hours in accordance with this section may result
in:
(a) the imposition of a civil monetary penalty that the department sets in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) license or registration suspension or revocation; or
(c) an immediate cessation of operations under a cease and desist order that the
department issues.
Section 17. Section 
4-41a-403
, which is renumbered from Section 4-41b-403 is
renumbered and amended to read:
[
4-41b-403
].
 4-41a-403.
Advertising.
(1) A cannabis production establishment may not advertise to the general public in any
medium.
(2) Notwithstanding Subsection (1), a cannabis production establishment may advertise
an
 employment [
opportunities
] 
opportunity
 at the cannabis production facility.
Section 18. Section 
4-41a-404
, which is renumbered from Section 4-41b-404 is
renumbered and amended to read:
[
4-41b-404
].
 4-41a-404.
Cannabis, cannabis product, or medical cannabis
device transportation.
(1) [
Except for an individual with a valid medical cannabis card pursuant to Title 26,
Chapter 60b, Medical Cannabis Act, an individual
]
(a) Only the following individuals
 may [
not
] transport cannabis 
in a medicinal dosage
form
, a cannabis product 
in a medicinal dosage form
, or a medical cannabis device [
unless the
individual is
] 
under this chapter
:
[
(a)
] 
(i)
 a registered cannabis production establishment agent; or
[
(b)
] 
(ii)
 [
a registered cannabis dispensary agent.
] 
a medical cannabis cardholder who is
transporting a medical cannabis treatment that the cardholder is authorized to possess under
this chapter.
(b) Only an agent of a cannabis cultivating facility, when the agent is transporting
cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory,
may transport unprocessed cannabis outside of a medicinal dosage form.
(2) Except for an individual with a valid medical cannabis card [
pursuant to
] 
under
Title 26, Chapter [
60b
] 
61a
, 
Utah
 Medical Cannabis Act, [
an individual
] 
who is
 transporting
[
cannabis, a cannabis product, or
] a medical cannabis [
device
] 
treatment
 shall possess a
transportation manifest that:
(a) includes a unique identifier that links the cannabis, cannabis product, or medical
cannabis device to a relevant inventory control system;
(b) includes origin and destination information for any cannabis, cannabis product, or
medical cannabis device 
that
 the individual is transporting; and
(c) [
indicates
] 
identifies
 the departure and arrival times and locations of the individual
transporting the cannabis, cannabis product, or medical cannabis device.
(3) 
(a)
 In addition to the requirements in Subsections (1) and (2), the department may
establish[
,
] by rule [
made
]
,
 in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, requirements for transporting cannabis 
in a medicinal dosage form
, a
cannabis product 
in a medicinal dosage form
, or a medical cannabis device 
to ensure
 that [
are
related to safety for human
] 
the
 cannabis [
or
]
,
 cannabis product [
consumption.
]
, or medical
cannabis device remains safe for human consumption.
(b) The transportation described in Subsection (3)(a) is limited to transportation:
(i) between a cannabis cultivation facility and:
(A) another cannabis cultivation facility; or
(B) a cannabis processing facility; and
(ii) between a cannabis processing facility and:
(A) another cannabis processing facility;
(B) an independent cannabis testing laboratory; or
(C) a medical cannabis pharmacy.
(4) 
(a)
 [
An individual who transports cannabis, a cannabis product, or a medical
cannabis device
] 
It is unlawful for a registered cannabis production establishment agent to
make a transport described in this section
 with a manifest that does not meet the requirements
of this section [
is:
]
.
(b) Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is:
[
(a)
] 
(i)
 guilty of an infraction; and
[
(b)
] 
(ii)
 subject to a $100 fine.
(c) An individual who is guilty of a violation described in Subsection (4)(b) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (4)(b).
(d) If the agent described in Subsection (4)(a) is transporting more cannabis, cannabis
product, or medical cannabis devices than the manifest identifies, except for a de minimis
administrative error:
(i) the penalty described in Subsection (4)(b) does not apply; and
(ii) the agent is subject to penalties under Title 58, Chapter 37, Utah Controlled
Substances Act.
(5) Nothing in this section prevents the department from taking administrative
enforcement action against a cannabis production establishment or another person for failing to
make a transport in compliance with the requirements of this section.
Section 19. Section 
4-41a-405
 is enacted to read:
 4-41a-405.
Excess and disposal.
(1) As used in this section, "medical cannabis waste" means waste and unused material
from the cultivation and production of medical cannabis.
(2) A cannabis production establishment shall:
(a) render medical cannabis waste unusable and unrecognizable before transporting the
medical cannabis waste from the cannabis production establishment; and
(b) dispose of medical cannabis waste in accordance with:
(i) federal and state laws, rules, and regulations related to hazardous waste;
(ii) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
(iii) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
(iv) other regulations that the department makes in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(3) An individual may not transport or dispose of medical cannabis waste other than as
provided in this section.
Section 20. Section 
4-41a-406
, which is renumbered from Section 4-41b-405 is
renumbered and amended to read:
[
4-41b-405
].
 4-41a-406.
Local control.
(1) [
A municipality or county may not enact a zoning ordinance that prohibits a
cannabis production establishment from operating in a location within the municipality's or
county's jurisdiction on the sole basis that the cannabis production establishment possesses,
grows, manufactures, or sells cannabis.
]
(a) If a municipality's or county's zoning ordinances provide for an industrial zone, the
municipality or county shall ensure that the ordinances allow for cannabis production
establishments in at least one type of industrial zone.
(b) If a municipality's or county's zoning ordinances provide for an agricultural zone,
the municipality or county shall ensure that the ordinances allow for cannabis production
establishments in at least one type of agricultural zone.
(2) 
(a)
 A municipality or county may not deny or revoke a 
land use
 permit [
or license
]
to operate a cannabis production facility on the sole basis that the applicant or cannabis
production establishment violates [
a
] 
federal
 law [
of
] 
regarding
 the [
United States
] 
legal status
of cannabis
.
(b) A municipality or county may not deny or revoke a business license to operate a
cannabis production facility on the sole basis that the applicant or cannabis production
establishment violates federal law regarding the legal status of cannabis.
Section 21. Section 
4-41a-501
, which is renumbered from Section 4-41b-501 is
renumbered and amended to read:
Part 5. Cannabis Cultivation Facility Operating Requirements.
[
4-41b-501
].
 4-41a-501.
Cannabis cultivation facility -- Operating
requirements.
(1) A cannabis cultivation facility shall ensure that any cannabis growing at the
cannabis cultivation facility is not visible [
at
] 
from
 the 
ground level of the
 cannabis cultivation
facility perimeter.
(2) A cannabis cultivation facility shall use a unique identifier that is connected to the
cannabis cultivation facility's inventory control system [
for
] 
to identify
:
(a) beginning at the time a cannabis plant is [
] 
eight
 inches tall and has a root ball,
each cannabis plant;
(b) each unique harvest of cannabis plants;
(c) each batch of cannabis [
transferred
] 
the facility transfers
 to a 
medical
 cannabis
[
dispensary
] 
pharmacy, the state central fill medical cannabis pharmacy
, a cannabis processing
facility, or an independent cannabis testing laboratory; and
(d) [
disposal of
] 
any
 excess, contaminated, or deteriorated cannabis 
of which the
cannabis cultivation facility disposes
.
Section 22. Section 
4-41a-502
, which is renumbered from Section 4-41b-502 is
renumbered and amended to read:
[
4-41b-502
].
 4-41a-502.
Cannabis -- Labeling and child-resistant
packaging.
For any cannabis that a cannabis cultivation facility cultivates or otherwise produces
and subsequently ships to another cannabis production establishment, the facility shall:
(1) [
Cannabis shall have a
] 
label the cannabis with a
 label that[
: (a)
] has a unique batch
identification number that is connected to the inventory control system; and [
(b) does not
display images, words, or phrases that are intended to appeal to children. (2) A cannabis
cultivation facility shall
]
(2)
 package 
the
 cannabis in a container that 
is
:
(a) [
is
] tamper evident; 
and
(b) [
is
] not appealing to children
.
 [
or similar to a candy container;
]
[
(c) is opaque; and
]
[
(d) complies with child-resistant effectiveness standards established by the United
States Consumer Product Safety Commission.
]
Section 23. Section 
4-41a-601
, which is renumbered from Section 4-41b-601 is
renumbered and amended to read:
Part 6. Cannabis Processing Facility Operating Requirements.
[
4-41b-601
].
 4-41a-601.
Cannabis processing facility -- Operating
requirements -- General.
[
(1)
] A cannabis processing facility shall ensure that a cannabis product [
sold by
] the
cannabis processing facility 
sells
 complies with the requirements of this part.
[
(2) If a cannabis processing facility extracts cannabinoids from cannabis using a
hydrocarbon process, the cannabis processing facility shall extract the cannabinoids under a
blast hood and shall use a system to reclaim solvents.
] 
Section 24. Section 
4-41a-602
, which is renumbered from Section 4-41b-602 is
renumbered and amended to read:
[
4-41b-602
].
 4-41a-602.
Cannabis product -- Labeling and child-resistant
packaging.
(1) [
A
] 
For any
 cannabis product 
that a cannabis processing facility processes or
produces, the facility
 shall [
have a
]
:
(a) label the cannabis product with a
 label that:
[
(a)
] 
(i)
 clearly and unambiguously states that the cannabis product contains cannabis;
[
(b)
] 
(ii)
 clearly displays the amount of 
total composite
 tetrahydrocannabinol and
cannabidiol in the [
cannabis product
] 
labeled container
;
[
(c)
] 
(iii)
 has a unique identification number that:
[
(i)
] 
(A)
 is connected to the inventory control system; and
[
(ii)
] 
(B)
 identifies the unique cannabis product manufacturing process [
by which
] 
the
cannabis processing facility used to manufacture
 the cannabis product [
was manufactured
];
[
(d)
] 
(iv)
 identifies the cannabinoid extraction process that the cannabis processing
facility used to create the cannabis product;
[
(e)
] 
(v)
 does not display [
images, words, or phrases
] 
an image, word, or phrase
 that
[
are intended to appeal
] 
the facility knows or should know appeals
 to children; and
[
(f)
] 
(vi)
 discloses [
ingredients
] 
each active or potentially active ingredient, in order of
prominence,
 and possible [
allergens.
] 
allergen; and
[
(2)
] 
(b)
 [
A cannabis processing facility shall
] package [
a
] 
the
 cannabis product in a
medicinal dosage form in a
 container that:
[
(a)
] 
(i) except for a blister pack,
 is tamper evident 
and tamper resistant
;
[
(b)
] 
(ii) does not appeal to children;
(iii)
 [
is not appealing to children or similar to
] 
does not mimic
 a candy container;
[
(c)
] 
(iv) except for a blister pack,
 is opaque; [
and
]
[
(d)
] 
(v)
 complies with child-resistant effectiveness standards [
established by
] 
that
 the
United States Consumer Product Safety Commission[
.
] 
establishes; and
(vi) includes a warning label that states: "WARNING: Cannabis has intoxicating
effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP
OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed
by a qualified medical provider."
(2) For any cannabis or cannabis product that the cannabis processing facility processes
into a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular
cuboid shape, the facility shall:
(a) ensure that the label described in Subsection (1)(a) does not contain a photograph or
other image of the content of the container; and
(b) include on the label described in Subsection (1)(a) a warning about the risks of
over-consumption.
(3) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establishing a standard labeling format that:
(a) complies with the requirements of this section; and
(b) ensures inclusion of a pharmacy label.
Section 25. Section 
4-41a-603
, which is renumbered from Section 4-41b-603 is
renumbered and amended to read:
[
4-41b-603
].
 4-41a-603.
Cannabis product -- Product quality.
(1) A cannabis processing facility may not produce a cannabis product in a physical
form that:
(a) [
is intended to appeal
] 
the facility knows or should know appeals
 to children; [
or
]
(b) is designed to mimic or 
could
 be mistaken for [
an existing
] 
a
 candy product[
.
]
; or
(c) for a product used in vaporization, includes a candy-like flavor or another flavor
that the facility knows or should know appeals to children.
[
(2) A cannabis processing facility may not manufacture a cannabis product by
applying a cannabis agent only to the surface of a pre-manufactured food product that is not
produced by the cannabis processing facility.
]
[
(3)
] 
(2)
 A cannabis product may vary in the cannabis product's labeled [
cannabis
]
cannabinoid
 profile by up to [
15%
] 
10%
 of the indicated amount of a given cannabinoid, by
weight.
[
(4)
] 
(3)
 The department shall adopt[
,
] by rule [
made
]
,
 in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, human safety standards for [
manufacture
] 
the
manufacturing
 of cannabis products that are consistent[
, to the extent possible,
] with [
rules for
similar products that do not contain
] 
best practices for the use of
 cannabis.
Section 26. Section 
4-41a-701
, which is renumbered from Section 4-41b-701 is
renumbered and amended to read:
Part 7. Independent Cannabis Testing Laboratories.
[
4-41b-701
].
 4-41a-701.
Cannabis and cannabis product testing.
(1) [
No
] 
A medical cannabis pharmacy and the state central fill medical cannabis
pharmacy may not offer any
 cannabis or cannabis product [
may be offered
] for sale [
at a
cannabis dispensary
] unless 
an independent cannabis testing laboratory has tested
 a
representative sample of the cannabis or cannabis product [
has been tested by an independent
cannabis testing laboratory
] to determine:
(a) 
(i)
 the amount of 
total composite
 tetrahydrocannabinol and cannabidiol in the
cannabis or cannabis product; 
and
(ii) the amount of any other cannabinoid in the cannabis or cannabis product that the
label claims the cannabis or cannabis product contains;
(b) that the presence of contaminants, including mold, fungus, pesticides, microbial
contaminants, 
heavy metals,
 or foreign material, does not exceed an amount that is safe for
human consumption; and
(c) for a cannabis product that is manufactured using a process that involves extraction
using hydrocarbons, that the cannabis product does not contain [
an unhealthy
] 
a
 level of a
residual solvent 
that is not safe for human consumption
.
(2) [
The department may determine, by
] 
By
 rule [
made
]
,
 in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, 
the department:
(a) may determine
 the amount of [
a
] 
any
 substance described in [
Subsection (1)
]
Subsections (1)(b) and (c)
 that is safe for human consumption[
.
]
; and
(b) shall establish protocols for a recall of cannabis or a cannabis product by a cannabis
production establishment.
(3) The department may require testing for a toxin if:
(a) the department receives information indicating the potential presence of a toxin; or
(b) the department's inspector has reason to believe a toxin may be present based on the
inspection of a facility.
(4) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the
testing of cannabis and cannabis products by independent cannabis testing laboratories.
(5) The department may require an independent cannabis testing laboratory to
participate in a proficiency evaluation that the department conducts or that an organization that
the department approves conducts.
Section 27. Section 
4-41a-702
, which is renumbered from Section 4-41b-702 is
renumbered and amended to read:
[
4-41b-702
].
 4-41a-702.
Reporting -- Inspections -- Seizure by the
department.
(1) If an independent cannabis testing laboratory determines that the results of a lab test
indicate that a cannabis or cannabis product batch may be unsafe for human [
consumption, the
independent cannabis testing laboratory shall
] 
use
:
(a) the independent cannabis testing laboratory shall:
[
(a)
] 
(i)
 report the results and the cannabis or cannabis product batch to:
[
(i)
] 
(A)
 the department; and
[
(ii)
] 
(B)
 the cannabis production establishment that prepared the cannabis or cannabis
product batch; 
and
[
(b)
] 
(ii)
 retain possession of the cannabis or cannabis product batch for [
one week
]
two weeks
 in order to investigate the cause of the defective batch and to make a determination;
and
[
(c)
] 
(b)
 [
allow
] the cannabis production establishment that prepared the cannabis or
cannabis product batch [
to
] 
may
 appeal the determination described in Subsection [
(1)(b)
]
(1)(a)(ii) to the department
.
(2) If[
, under Subsection (1)(b),
] the department determines, 
under Subsection (1)(a)(ii)
or
 following an appeal 
under Subsection (1)(b)
, that a cannabis or cannabis product prepared
by a cannabis production establishment is unsafe for human consumption, the department may
seize, embargo, or destroy
, in the same manner as a cannabis production establishment under
Section 
4-41a-405
,
 the cannabis or cannabis product batch.
(3) If an independent cannabis testing laboratory determines that the results of a lab test
indicate that the cannabinoid content of a cannabis or cannabis product batch diverges more
than 10% from the amounts the label indicates, the cannabis processing facility may not sell the
cannabis or cannabis product batch unless the facility replaces the incorrect label with a label
that correctly indicates the cannabinoid content.
Section 28. Section 
4-41a-801
, which is renumbered from Section 4-41b-801 is
renumbered and amended to read:
[
4-41b-801
].
 4-41a-801.
Enforcement -- Fine -- Citation.
(1) [
The department may, for a violation of this chapter by
] 
If
 a person that is a
cannabis production establishment or a cannabis production establishment agent 
violates this
chapter, the department may
:
(a) revoke the person's license or cannabis production establishment agent registration
card;
(b) [
refuse
] 
decline
 to renew the person's license or cannabis production establishment
agent registration card; or
(c) assess the person an administrative penalty 
that the department establishes by rule
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(2) The department shall deposit an administrative penalty imposed under this section
[
in the general fund
] 
into the General Fund
.
(3) (a) The department may take an action described in Subsection (3)(b) if the
department concludes, upon [
inspection or
] investigation, that, for a person that is a cannabis
production establishment or a cannabis production establishment agent:
(i) the person has violated the provisions of this chapter, a rule made under this
chapter, or an order issued under this chapter; or
(ii) the person produced cannabis or a cannabis product batch that contains a substance
,
other than cannabis,
 that poses a 
significant
 threat to human health.
(b) If the department makes the determination about a person described in Subsection
(3)(a), the department shall:
(i) issue the person a written 
administrative
 citation;
(ii) attempt to negotiate a stipulated settlement;
(iii) seize, embargo, or destroy the cannabis or cannabis product batch; [
and
]
(iv) order the person to cease and desist from the action that creates a violation; and
[
(iv)
] 
(v)
 direct the person to appear before an adjudicative proceeding conducted
under Title 63G, Chapter 4, Administrative Procedures Act.
(4) The department may, for a person subject to an uncontested citation, a stipulated
settlement, or a finding of a violation in an adjudicative proceeding under this section[
:(a)
]
, for
a fine amount not already specified in law,
 assess the person
, who is not an individual,
 a fine[
,
established in accordance with Section 
63J-1-504
,
] of up to $5,000 per violation, in accordance
with a fine schedule [
established by
] 
that the department establishes by
 rule [
made
] in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[
; or
]
.
[
(b) order the person to cease and desist from the action that creates a violation.
]
(5) The department may not revoke a cannabis production establishment's license
without first [
direct
] 
directing
 the cannabis production establishment to appear before an
adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(6) If within 20 calendar days after the day on which a department serves a citation for
a violation of this chapter, the person that is the subject of the citation fails to request a hearing
to contest the citation, the citation becomes the department's final order.
(7) The department may, for a person who fails to comply with a citation under this
section:
(a) refuse to issue or renew the person's license or cannabis production establishment
agent registration card; or
(b) suspend, revoke, or place on probation the person's license or cannabis production
establishment registration card.
(8) [
If the department makes a final determination under this section that
]
(a) Except where a criminal penalty is expressly provided for a specific violation of
this chapter, if
 an individual [
violated
]
:
(i) violates
 a provision of this chapter, the individual is
:
(A)
 guilty of an infraction[
.
]
; and
(B) subject to a $100 fine; or
(ii) intentionally or knowingly violates a provision of this chapter or violates this
chapter three or more times, the individual is:
(A) guilty of a class B misdemeanor; and
(B) subject to a $1,000 fine.
(b) An individual who is guilty of a violation described in Subsection (8)(a) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (8)(a).
(9) Nothing in this section prohibits the department from referring potential criminal
activity to law enforcement.
Section 29. Section 
4-41a-802
, which is renumbered from Section 4-41b-802 is
renumbered and amended to read:
[
4-41b-802
].
 4-41a-802.
Report.
(1) [
The
] 
At or before the November interim meeting each year, the
 department shall
report [
annually
] to the Health and Human Services Interim Committee on
:
(a)
 the number of applications and renewal applications [
received,
] 
that the department
receives under this chapter;
(b)
 the number of each type of cannabis production facility [
licensed
] 
that the
department licenses
 in each county[
,
]
;
(c)
 the amount of cannabis [
grown by
] 
that
 licensees[
,
] 
grow;
(d)
 the amount of cannabis [
manufactured
] 
that licensees manufacture
 into cannabis
products [
by licensees,
]
;
(e)
 the number of licenses [
revoked,
] 
the department revokes under this chapter;
 and
(f)
 the expenses incurred and revenues generated [
from the medical cannabis program
]
under this chapter
.
(2) The department may not include personally identifying information in the report
described in this section
.
Section 30. Section 
7-1-401
 is amended to read:
7-1-401.
Fees payable to commissioner.
(1) Except for an out-of-state depository institution with a branch in Utah, a depository
institution under the jurisdiction of the department shall pay an annual fee:
(a) computed by averaging the total assets of the depository institution shown on each
quarterly report of condition for the depository institution for the calendar year immediately
preceding the date on which the annual fee is due under Section 
7-1-402
; and
(b) at the following rates:
(i) on the first $5,000,000 of these assets, the greater of:
(A) 65 cents per $1,000; or
(B) $500;
(ii) on the next $10,000,000 of these assets, 35 cents per $1,000;
(iii) on the next $35,000,000 of these assets, 15 cents per $1,000;
(iv) on the next $50,000,000 of these assets, 12 cents per $1,000;
(v) on the next $200,000,000 of these assets, 10 cents per $1,000;
(vi) on the next $300,000,000 of these assets, 6 cents per $1,000; and
(vii) on all amounts over $600,000,000 of these assets, 2 cents per $1,000.
(2) A financial institution with a trust department shall pay a fee determined in
accordance with Subsection (7) for each examination of the trust department by a state
examiner.
(3) Notwithstanding Subsection (1), a credit union in its first year of operation shall
pay a basic fee of $25 instead of the fee required under Subsection (1).
(4) A trust company that is not a depository institution or a subsidiary of a depository
institution holding company shall pay:
(a) an annual fee of $500; and
(b) an additional fee determined in accordance with Subsection (7) for each
examination by a state examiner.
(5) Any person or institution under the jurisdiction of the department that does not pay
a fee under Subsections (1) through (4) shall pay:
(a) an annual fee of $200; and
(b) an additional fee determined in accordance with Subsection (7) for each
examination by a state examiner.
(6) A person filing an application or request under Section 
7-1-503
, 
7-1-702
, 
7-1-703
,
7-1-704
, 
7-1-713
, 
7-5-3
, 
or
7-18a-202
[
, or 
7-26-201
] shall pay:
(a) (i) a filing fee of $500 if on the day on which the application or request is filed the
person:
(A) is a person with authority to transact business as[
: (I)
] a depository institution[
;
(II)
]
,
 a trust company[
;
]
,
 or [
(III)
] any other person described in Section 
7-1-501
 as being
subject to the jurisdiction of the department; and
(B) has total assets in an amount less than $5,000,000; or
(ii) a filing fee of $2,500 for any person not described in Subsection (6)(a)(i); and
(b) all reasonable expenses incurred in processing the application.
(7) (a) Per diem assessments for an examination shall be calculated at the rate of $55
per hour:
(i) for each examiner; and
(ii) per hour worked.
(b) For an examination of a branch or office of a financial institution located outside of
this state, in addition to the per diem assessment under this Subsection (7), the institution shall
pay all reasonable travel, lodging, and other expenses incurred by each examiner while
conducting the examination.
(8) In addition to a fee under Subsection (5), a person registering under Section
7-23-201
 or 
7-24-201
 shall pay an original registration fee of $300.
(9) In addition to a fee under Subsection (5), a person applying for licensure under
Chapter 25, Money Transmitter Act, shall pay an original license fee of $300.
Section 31. Section 
10-9a-104
 is amended to read:
10-9a-104.
Stricter requirements.
(1) Except as provided in Subsection (2), a municipality may enact [
an ordinance
] 
a
land use regulation
 imposing stricter requirements or higher standards than are required by this
chapter.
(2) A municipality may not impose [
stricter requirements or higher standards than are
required by:
]
[
(a) Section 
4-41b-405
;
]
[
(b) Section 
10-9a-305
;
]
[
(c) Section 
10-9a-514
; and
]
[
(d) Section 
26-60b-506
.
] 
a requirement or standard that conflicts with a provision of
this chapter, other state law, or federal law.
Section 32. Section 
17-27a-104
 is amended to read:
17-27a-104.
Stricter requirements or higher standards.
(1) Except as provided in Subsection (2), a county may enact [
an ordinance
] 
a land use
regulation
 imposing stricter requirements or higher standards than are required by this chapter.
(2) A county may not impose [
stricter requirements or higher standards than are
required by:
]
[
(a) Section 
4-41b-405
;
]
[
(b) Section 
17-27a-305
;
]
[
(c) Section 
17-27a-513
; and
]
[
(d) Section 
26-60b-506
.
] 
a requirement or standard that conflicts with a provision of
this chapter, other state law, or federal law.
Section 33. Section 
26-36d-101
 is enacted to read:
CHAPTER 36d. HOSPITAL PROVIDER ASSESSMENT ACT.
Part 1. General Provisions.
 26-36d-101.
Title.
This chapter is known as the "Hospital Provider Assessment Act."
Section 34. Section 
26-36d-102
 is enacted to read:
 26-36d-102.
Legislative findings.
(1) The Legislature finds that there is an important state purpose to improve the access
of Medicaid patients to quality care in Utah hospitals because of continuous decreases in state
revenues and increases in enrollment under the Utah Medicaid program.
(2) The Legislature finds that in order to improve this access to those persons described
in Subsection (1):
(a) the rates paid to Utah hospitals shall be adequate to encourage and support
improved access; and
(b) adequate funding shall be provided to increase the rates paid to Utah hospitals
providing services pursuant to the Utah Medicaid program.
Section 35. Section 
26-36d-103
 is enacted to read:
 26-36d-103.
Definitions.
As used in this chapter:
(1) "Accountable care organization" means a managed care organization, as defined in
C.F.R. Sec. 438, that contracts with the department under the provisions of Section
26-18-405
.
(2) "Assessment" means the Medicaid hospital provider assessment established by this
chapter.
(3) "Discharges" means the number of total hospital discharges reported on worksheet
S-3 Part I, column 15, lines 12, 14, and 14.01 of the 2552-96 Medicare Cost Report or on
Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare Cost Report for
the applicable assessment year.
(4) "Division" means the Division of Health Care Financing of the department.
(5) "Hospital":
(a) means a privately owned:
(i) general acute hospital operating in the state as defined in Section 
26-21-2
; and
(ii) specialty hospital operating in the state, which shall include a privately owned
hospital whose inpatient admissions are predominantly:
(A) rehabilitation;
(B) psychiatric;
(C) chemical dependency; or
(D) long-term acute care services; and
(b) does not include:
(i) a human services program, as defined in Section 
62A-2-101
;
(ii) a hospital owned by the federal government, including the Veterans Administration
Hospital; or
(iii) a hospital that is owned by the state government, a state agency, or a political
subdivision of the state, including:
(A) a state-owned teaching hospital; and
(B) the Utah State Hospital.
(6) "Medicare Cost Report" means CMS-2552-96 or CMS-2552-10, the cost report for
electronic filing of hospitals.
(7) "State plan amendment" means a change or update to the state Medicaid plan.
Section 36. Section 
26-36d-201
 is enacted to read:
Part 2. Application of Chapter.
 26-36d-201.
Application of chapter.
(1) Other than for the imposition of the assessment described in this chapter, nothing in
this chapter shall affect the nonprofit or tax exempt status of any nonprofit charitable, religious,
or educational health care provider under:
(a) Section 501(c), as amended, of the Internal Revenue Code;
(b) other applicable federal law;
(c) any state law;
(d) any ad valorem property taxes;
(e) any sales or use taxes; or
(f) any other taxes, fees, or assessments, whether imposed or sought to be imposed by
the state or any political subdivision, county, municipality, district, authority, or any agency or
department thereof.
(2) All assessments paid under this chapter may be included as an allowable cost of a
hospital for purposes of any applicable Medicaid reimbursement formula.
(3) This chapter does not authorize a political subdivision of the state to:
(a) license a hospital for revenue;
(b) impose a tax or assessment upon hospitals; or
(c) impose a tax or assessment measured by the income or earnings of a hospital.
Section 37. Section 
26-36d-202
 is enacted to read:
 26-36d-202.
Assessment, collection, and payment of hospital provider assessment.
(1) A uniform, broad based, assessment is imposed on each hospital as defined in
Subsection 
26-36d-103
(5)(a):
(a) in the amount designated in Section 
26-36d-203
; and
(b) in accordance with Section 
26-36d-204
.
(2) (a) The assessment imposed by this chapter is due and payable on a quarterly basis
in accordance with Section 
26-36d-204
.
(b) The collecting agent for this assessment is the department which is vested with the
administration and enforcement of this chapter, including the right to adopt administrative rules
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to:
(i) implement and enforce the provisions of this act; and
(ii) audit records of a facility:
(A) that is subject to the assessment imposed by this chapter; and
(B) does not file a Medicare Cost Report.
(c) The department shall forward proceeds from the assessment imposed by this
chapter to the state treasurer for deposit in the expendable special revenue fund as specified in
Section 
26-36d-207
.
(3) The department may, by rule, extend the time for paying the assessment.
Section 38. Section 
26-36d-203
 is enacted to read:
 26-36d-203.
Calculation of assessment.
(1) (a) An annual assessment is payable on a quarterly basis for each hospital in an
amount calculated at a uniform assessment rate for each hospital discharge, in accordance with
this section.
(b) The uniform assessment rate shall be determined using the total number of hospital
discharges for assessed hospitals divided into the total non-federal portion in an amount
consistent with Section 
26-36d-205
 that is needed to support capitated rates for accountable
care organizations for purposes of hospital services provided to Medicaid enrollees.
(c) Any quarterly changes to the uniform assessment rate shall be applied uniformly to
all assessed hospitals.
(d) The annual uniform assessment rate may not generate more than:
(i) $1,000,000 to offset Medicaid mandatory expenditures; and
(ii) the non-federal share to seed amounts needed to support capitated rates for
accountable care organizations as provided for in Subsection (1)(b).
(2) (a) For each state fiscal year, discharges shall be determined using the data from
each hospital's Medicare Cost Report contained in the Centers for Medicare and Medicaid
Services' Healthcare Cost Report Information System file. The hospital's discharge data will be
derived as follows:
(i) for state fiscal year 2013, the hospital's cost report data for the hospital's fiscal year
ending between July 1, 2009, and June 30, 2010;
(ii) for state fiscal year 2014, the hospital's cost report data for the hospital's fiscal year
ending between July 1, 2010, and June 30, 2011;
(iii) for state fiscal year 2015, the hospital's cost report data for the hospital's fiscal year
ending between July 1, 2011, and June 30, 2012;
(iv) for state fiscal year 2016, the hospital's cost report data for the hospital's fiscal year
ending between July 1, 2012, and June 30, 2013; and
(v) for each subsequent state fiscal year, the hospital's cost report data for the hospital's
fiscal year that ended in the state fiscal year two years prior to the assessment fiscal year.
(b) If a hospital's fiscal year Medicare Cost Report is not contained in the Centers for
Medicare and Medicaid Services' Healthcare Cost Report Information System file:
(i) the hospital shall submit to the division a copy of the hospital's Medicare Cost
Report applicable to the assessment year; and
(ii) the division shall determine the hospital's discharges.
(c) If a hospital is not certified by the Medicare program and is not required to file a
Medicare Cost Report:
(i) the hospital shall submit to the division its applicable fiscal year discharges with
supporting documentation;
(ii) the division shall determine the hospital's discharges from the information
submitted under Subsection (2)(c)(i); and
(iii) the failure to submit discharge information shall result in an audit of the hospital's
records and a penalty equal to 5% of the calculated assessment.
(3) Except as provided in Subsection (4), if a hospital is owned by an organization that
owns more than one hospital in the state:
(a) the assessment for each hospital shall be separately calculated by the department;
and
(b) each separate hospital shall pay the assessment imposed by this chapter.
(4) Notwithstanding the requirement of Subsection (3), if multiple hospitals use the
same Medicaid provider number:
(a) the department shall calculate the assessment in the aggregate for the hospitals
using the same Medicaid provider number; and
(b) the hospitals may pay the assessment in the aggregate.
Section 39. Section 
26-36d-204
 is enacted to read:
 26-36d-204.
Quarterly notice -- Collection.
Quarterly assessments imposed by this chapter shall be paid to the division within 15
business days after the original invoice date that appears on the invoice issued by the division.
Section 40. Section 
26-36d-205
 is enacted to read:
 26-36d-205.
Medicaid hospital adjustment under accountable care organization
rates.
To preserve and improve access to hospital services, the division shall, for accountable
care organization rates effective on or after April 1, 2013, incorporate an annualized amount
equal to $154,000,000 into the accountable care organization rate structure calculation
consistent with the certified actuarial rate range.
Section 41. Section 
26-36d-206
 is enacted to read:
 26-36d-206.
Penalties and interest.
(1) A facility that fails to pay any assessment or file a return as required under this
chapter, within the time required by this chapter, shall pay, in addition to the assessment,
penalties and interest established by the department.
(2) (a) Consistent with Subsection (2)(b), the department shall adopt rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which establish
reasonable penalties and interest for the violations described in Subsection (1).
(b) If a hospital fails to timely pay the full amount of a quarterly assessment, the
department shall add to the assessment:
(i) a penalty equal to 5% of the quarterly amount not paid on or before the due date;
and
(ii) on the last day of each quarter after the due date until the assessed amount and the
penalty imposed under Subsection (2)(b)(i) are paid in full, an additional 5% penalty on:
(A) any unpaid quarterly assessment; and
(B) any unpaid penalty assessment.
(c) Upon making a record of its actions, and upon reasonable cause shown, the division
may waive, reduce, or compromise any of the penalties imposed under this part.
Section 42. Section 
26-36d-207
 is enacted to read:
 26-36d-207.
Hospital Provider Assessment Expendable Revenue Fund.
(1) There is created an expendable special revenue fund known as the "Hospital
Provider Assessment Expendable Revenue Fund."
(2) The fund shall consist of:
(a) the assessments collected by the department under this chapter;
(b) any interest and penalties levied with the administration of this chapter; and
(c) any other funds received as donations for the fund and appropriations from other
sources.
(3) Money in the fund shall be used:
(a) to support capitated rates consistent with Subsection 
26-36d-203
(1)(d) for
accountable care organizations; and
(b) to reimburse money collected by the division from a hospital through a mistake
made under this chapter.
Section 43. Section 
26-36d-208
 is enacted to read:
 26-36d-208.
Repeal of assessment.
(1) The repeal of the assessment imposed by this chapter shall occur upon the
certification by the executive director of the department that the sooner of the following has
occurred:
(a) the effective date of any action by Congress that would disqualify the assessment
imposed by this chapter from counting toward state Medicaid funds available to be used to
determine the federal financial participation;
(b) the effective date of any decision, enactment, or other determination by the
Legislature or by any court, officer, department, or agency of the state, or of the federal
government that has the effect of:
(i) disqualifying the assessment from counting towards state Medicaid funds available
to be used to determine federal financial participation for Medicaid matching funds; or
(ii) creating for any reason a failure of the state to use the assessments for the Medicaid
program as described in this chapter;
(c) the effective date of:
(i) an appropriation for any state fiscal year from the General Fund for hospital
payments under the state Medicaid program that is less than the amount appropriated for state
fiscal year 2012;
(ii) the annual revenues of the state General Fund budget return to the level that was
appropriated for fiscal year 2008;
(iii) a division change in rules that reduces any of the following below July 1, 2011
payments:
(A) aggregate hospital inpatient payments;
(B) adjustment payment rates; or
(C) any cost settlement protocol; or
(iv) a division change in rules that reduces the aggregate outpatient payments below
July 1, 2011 payments; and
(d) the sunset of this chapter in accordance with Section 
63I-1-226
.
(2) If the assessment is repealed under Subsection (1), money in the fund that was
derived from assessments imposed by this chapter, before the determination made under
Subsection (1), shall be disbursed under Section 
26-36d-205
 to the extent federal matching is
not reduced due to the impermissibility of the assessments. Any funds remaining in the special
revenue fund shall be refunded to the hospitals in proportion to the amount paid by each
hospital.
Section 44. Section 
26-61-202
 is amended to read:
26-61-202.
Cannabinoid Product Board -- Duties.
(1) The board shall review any available 
scientific
 research related to the human use of
cannabis, a cannabinoid product, or an expanded cannabinoid product that:
(a) was conducted under a study approved by an IRB; or
(b) was conducted or approved by the federal government.
(2) Based on the research described in Subsection (1), the board shall evaluate the
safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
including:
(a) medical conditions that respond to cannabis, cannabinoid products, and expanded
cannabinoid products;
(b) 
cannabis and cannabinoid
 dosage amounts and medical dosage forms; [
and
]
(c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products
with other treatments[
.
]
; and
(d) contraindications, adverse reactions, and potential side effects from use of cannabis,
cannabinoid products, and expanded cannabinoid products.
(3) Based on the board's evaluation under Subsection (2), the board shall develop
guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
product that include
:
(a)
 a list of medical conditions, if any, that the board determines are appropriate for
treatment with cannabis, 
a cannabis product,
 a cannabinoid product, or an expanded
cannabinoid product[
.
]
;
(b) a list of contraindications, side effects, and adverse reactions that are associated
with use of cannabis, cannabinoid products, or expanded cannabinoid products; and
(c) a list of potential drug-drug interactions between medications that the United States
Food and Drug Administration has approved and cannabis, cannabinoid products, and
expanded cannabinoid products.
(4) The board shall submit the guidelines described in Subsection (3) to:
(a) the director of the Division of Occupational and Professional Licensing; and
(b) the Health and Human Services Interim Committee.
(5) The board shall report the board's findings before November 1 of each year to the
Health and Human Services Interim Committee.
(6) Guidelines [
developed pursuant to
] 
that the board develops under
 this section may
not limit the availability of cannabis, cannabinoid products, or expanded cannabinoid products
permitted [
pursuant to
] 
under
 Title 4, Chapter [
41b
] 
41a
, Cannabis Production [
Establishment
]
Establishments,
 or Title 26, Chapter [
60b
] 
61a
, 
Utah
 Medical Cannabis Act.
Section 45. Section 
26-61a-101
, which is renumbered from Section 26-60b-101 is
renumbered and amended to read:
CHAPTER 61a. UTAH MEDICAL CANNABIS ACT.
Part 1. General Provisions.
[
26-60b-101
].
 26-61a-101.
Title.
This chapter is known as "
Utah
 Medical Cannabis Act."
Section 46. Section 
26-61a-102
, which is renumbered from Section 26-60b-102 is
renumbered and amended to read:
[
26-60b-102
].
 26-61a-102.
Definitions.
As used in this chapter:
(1) "Blister" means a plastic cavity or pocket used to contain no more than a single
dose of cannabis or a cannabis product in a blister pack.
(2) "Blister pack" means a plastic, paper, or foil package with multiple blisters each
containing no more than a single dose of cannabis or a cannabis product.
[
(1)
] 
(3)
 "Cannabis" means [
the same as that term is defined in Section 
58-37-3.9
]
marijuana
.
[
(2)
] 
(4)
 "Cannabis cultivation facility" means the same as that term is defined in
Section [
4-41b-102
] 
4-41a-102
.
[
(3) "Cannabis dispensary" means a person that:
]
[
(a) acquires or intends to acquire cannabis or a cannabis product from a cannabis
production establishment and acquires or intends to acquire a medical cannabis device;
]
[
(b) possesses cannabis, a cannabis product, or a medical cannabis device; and
]
[
(c) sells or intends to sell cannabis, a cannabis product, or a medical cannabis device.
]
[
(4) "Cannabis dispensary agent" means an owner, officer, director, board member,
employee, or volunteer of a cannabis dispensary.
]
[
(5) "Cannabis dispensary agent registration card" means a registration card issued by
the department that authorizes an individual to act as a cannabis dispensary agent.
]
[
(6)
] 
(5)
 "Cannabis processing facility" means the same as that term is defined in
Section [
4-41b-102
] 
4-41a-102
.
[
(7)
] 
(6)
 "Cannabis product" means [
the same as that term is defined in Section
58-37-3.9
.
] 
a product that:
(a) is intended for human use; and
(b) contains cannabis or tetrahydrocannabinol.
[
(8)
] 
(7)
 "Cannabis production establishment agent" means the same as that term is
defined in Section [
4-41b-102
] 
4-41a-102
.
[
(9)
] 
(8)
 "Cannabis production establishment agent registration card" means the same
as that term is defined in Section [
4-41b-102
] 
4-41a-102
.
[
(10)
] 
(9)
 "Community location" means a public or private school, a church, a public
library, a public playground, or a public park.
(10) "Department" means the Department of Health.
(11) "Designated caregiver" means an individual:
(a) whom [
a patient
] 
an individual
 with a medical cannabis 
patient card or a medical
cannabis guardian
 card designates as the patient's caregiver; and
(b) 
who
 registers with the department under Section [
26-60b-202
] 
26-61a-202
.
(12) "Dosing parameters" means quantity, routes, and frequency of administration for a
recommended treatment of cannabis in a medicinal dosage form or a cannabis product in a
medicinal dosage form.
[
(12)
] 
(13)
 "Independent cannabis testing laboratory" means the same as that term is
defined in Section [
4-41b-102
] 
4-41a-102
.
[
(13)
] 
(14)
 "Inventory control system" means the system described in Section
[
4-41b-103
] 
4-41a-103
.
(15) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(16) "Local health department distribution agent" means an agent designated and
registered to distribute state central fill shipments under Sections 
26-61a-606
 and 
26-61a-607
.
(17) "Marijuana" means the same as that term is defined in Section 
58-37-2
.
(18) "Medical cannabis" means cannabis in a medicinal dosage form or a cannabis
product in a medicinal dosage form.
[
(14)
] 
(19)
 "Medical cannabis card" means 
a medical cannabis patient card, a medical
cannabis guardian card, or a medical cannabis caregiver card.
(20) "Medical cannabis cardholder" means a holder of a medical cannabis card.
(21) "Medical cannabis caregiver card" means
 an official card [
issued by
] 
that:
(a)
 the department 
issues
 to an individual [
with a qualifying illness, or the individual's
]
whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder
designates as a
 designated caregiver [
under this chapter, that
]
; and
(b)
 is connected to the electronic verification system.
[
(15)
] 
(22) (a)
 "Medical cannabis device" means [
the same as that term is defined in
Section 
58-37-3.9
.
] 
a device that an individual uses to ingest cannabis in a medicinal dosage
form or a cannabis product in a medicinal dosage form.
(b) "Medical cannabis device" does not include a device that:
(i) facilitates cannabis combustion; or
(ii) an individual uses to ingest substances other than cannabis.
(23) "Medical cannabis guardian card" means an official card that:
(a) the department issues to the parent or legal guardian of a minor with a qualifying
condition; and
(b) is connected to the electronic verification system.
(24) "Medical cannabis patient card" means an official card that:
(a) the department issues to an individual with a qualifying condition; and
(b) is connected to the electronic verification system.
(25) "Medical cannabis pharmacy" means a person that:
(a) (i) acquires or intends to acquire:
(A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
form from a cannabis processing facility; or
(B) a medical cannabis device; or
(ii) possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal
dosage form, or a medical cannabis device; and
(b) sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a
medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder.
(26) "Medical cannabis pharmacy agent" means an individual who:
(a) is an employee of a medical cannabis pharmacy; and
(b) who holds a valid medical cannabis pharmacy agent registration card.
(27) "Medical cannabis pharmacy agent registration card" means a registration card
issued by the department that authorizes an individual to act as a medical cannabis pharmacy
agent.
(28) "Medical cannabis treatment" means cannabis in a medicinal dosage form, a
cannabis product in a medicinal dosage form, or a medical cannabis device.
[
(16) "Medical Cannabis Restricted Account" means the account created in Section
26-60b-109
.
]
(29) (a) "Medicinal dosage form" means:
(i) for processed medical cannabis or a medical cannabis product, the following in
single dosage form with a specific and consistent cannabinoid content:
(A) a tablet;
(B) a capsule;
(C) a concentrated oil;
(D) a liquid suspension;
(E) a topical preparation;
(F) a transdermal preparation;
(G) a sublingual preparation;
(H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
rectangular cuboid shape; or
(I) for use only after the individual's qualifying condition has failed to substantially
respond to at least two other forms described in this Subsection (29)(a)(i), a resin or wax;
(ii) for unprocessed cannabis flower, a blister pack, with each individual blister:
(A) containing a specific and consistent weight that does not exceed one gram and that
varies by no more than 10% from the stated weight; and
(B) labeled with a barcode that provides information connected to an inventory control
system and the individual blister's content and weight; and
(iii) a form measured in grams, milligrams, or milliliters.
(b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
(i) the medical cannabis cardholder has recently removed from the blister pack
described in Subsection (29)(a)(ii) for use; and
(ii) does not exceed the quantity described in Subsection (29)(a)(ii).
(c) "Medicinal dosage form" does not include:
(i) any unprocessed cannabis flower outside of the blister pack, except as provided in
Subsection (29)(b); or
(ii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis
on a nail or other metal object that is heated by a flame, including a blowtorch.
(30) "Pharmacy medical provider" means the medical provider required to be on site at
a medical cannabis pharmacy under Section 
26-61a-403
.
(31) "Provisional patient card" means a card that:
(a) the department issues to a minor with a qualifying condition for whom:
(i) a qualified medical provider has recommended a medical cannabis treatment; and
(ii) the department issues a medical cannabis guardian card to the minor's parent or
legal guardian; and
(b) is connected to the electronic verification system.
[
(17)
] 
(32)
 [
"Physician"
] 
"Qualified medical provider"
 means an individual who is
qualified to recommend 
treatment with
 cannabis 
in a medicinal dosage form
 under Section
[
26-60b-107
] 
26-61a-106
.
(33) "Qualified Distribution Enterprise Fund" means the enterprise fund created in
Section 
26-61a-110
.
(34) "Qualified Patient Enterprise Fund" means the enterprise fund created in Section
26-61a-109
.
[
(18)
] 
(35)
 "Qualifying [
illness
] 
condition
" means a condition described in Section
[
26-60b-105
] 
26-61a-104
.
(36) "State central fill agent" means an employee of the state central fill medical
cannabis pharmacy that the department registers in accordance with Section 
26-61a-602
.
(37) "State central fill medical cannabis pharmacy" means the central fill pharmacy that
the department creates in accordance with Section 
26-61a-601
.
(38) "State central fill medical provider" means a physician or pharmacist that the state
central fill medical cannabis pharmacy employs to consult with medical cannabis cardholders
in accordance with Section 
26-61a-601
.
(39) "State central fill shipment" means a shipment of cannabis in a medicinal dosage
form, cannabis product in a medicinal dosage form, or a medical cannabis device that the state
central fill medical cannabis pharmacy prepares and ships for distribution to a medical cannabis
cardholder in a local health department.
[
(19)
] 
(40)
 "State electronic verification system" means the system described in Section
[
26-60b-103
] 
26-61a-103
.
Section 47. Section 
26-61a-103
, which is renumbered from Section 26-60b-103 is
renumbered and amended to read:
[
26-60b-103
].
 26-61a-103.
Electronic verification system.
(1) The Department of Agriculture and Food, the [
Department of Health
] 
department
,
the Department of Public Safety, and the Department of Technology Services shall:
(a) enter into a memorandum of understanding in order to determine the function and
operation of [
an
] 
the state
 electronic verification system 
in accordance with Subsection (2)
;
(b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
Procurement Code, to develop a request for proposals for a third-party provider to develop and
maintain [
an
] 
the state
 electronic verification system in coordination with the Department of
Technology Services; and
(c) select a third-party provider [
described in
] 
who meets the requirements contained in
the request for proposals issued under
 Subsection (1)(b).
(2) The 
Department of Agriculture and Food, the department, the Department of Public
Safety, and the Department of Technology Services shall ensure that, on or before March 1,
2020, the state
 electronic verification system described in Subsection (1) [
shall
]:
(a) [
allow
] 
allows
 an individual, with the individual's [
physician
] 
qualified medical
provider
 in the [
physician's
] 
qualified medical provider's
 office, to apply for a medical cannabis
patient
 card 
or, if applicable, a medical cannabis guardian card
;
(b) allows an individual to apply to renew a medical cannabis patient card or a medical
cannabis guardian card in accordance with Section 
26-61a-201
;
(c) allows a qualified medical provider to:
(i) access dispensing and card status information regarding a patient:
(A) with whom the qualified medical provider has a provider-patient relationship; and
(B) for whom the qualified medical provider has recommended or is considering
recommending a medical cannabis card;
[
(b)
] 
(ii)
 [
allow a physician to
] electronically recommend, during a visit with a patient,
treatment with cannabis 
in a medicinal dosage form
 or a cannabis product 
in a medicinal
dosage form and optionally recommend dosing parameters
;
(iii) electronically renew a recommendation to a medical cannabis patient cardholder or
medical cannabis guardian cardholder:
(A) for the qualified medical provider who originally recommended a medical cannabis
treatment, as that term is defined in Section 
26-61a-102
, using telehealth services; or
(B) for a qualified medical provider who did not originally recommend the medical
cannabis treatment, during a face-to-face visit with a patient; and
(iv) at the request of a medical cannabis cardholder, initiate a state central fill shipment
in accordance with Section 
26-61a-603
;
[
(c)
] 
(d)
 [
connect
] 
connects
 with
:
(i)
 an inventory control system [
used by a cannabis dispensary
] 
that a medical cannabis
pharmacy and the state central fill medical cannabis pharmacy use
 to track[
,
] in real time[
,
] and
[
to
] archive [
for no more than 60 days, purchase history
] 
purchases
 of 
any
 cannabis [
or a
] 
in a
medicinal dosage form,
 cannabis product [
by a
] 
in a medicinal dosage form, or
 medical
cannabis [
card holder
] 
device
, including
:
(A)
 the time and date of [
the
] 
each
 purchase[
,
]
;
(B)
 the quantity and type of cannabis [
or
]
,
 cannabis product
, or medical cannabis
device
 purchased[
, and
]
;
(C)
 any cannabis production establishment [
and cannabis dispensary
]
, any medical
cannabis pharmacy, or the state central fill medical cannabis pharmacy
 associated with the
cannabis [
or
]
,
 cannabis product[
;
]
, or medical cannabis device; and
(D) the personally identifiable information of the medical cannabis cardholder who
made the purchase; and
(ii) any commercially available inventory control system that a cannabis production
establishment utilizes in accordance with Section 
4-41a-103
 to use data that the Department of
Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
track and confirm compliance;
[
(d)
] 
(e)
 [
provide
] 
provides
 access to
:
(i)
 the [
Department of Health and the Department of Agriculture and Food
] 
department
to the extent necessary to carry out the [
Department of Health's and the Department of
Agriculture and Food's
] 
department's
 functions and responsibilities under this chapter [
and
]
;
(ii) the Department of Agriculture and Food to the extent necessary to carry out the
functions and responsibilities of the Department of Agriculture and Food
 under Title 4, Chapter
[
41b
] 
41a
, Cannabis Production [
Establishment;
] 
Establishments; and
(iii) the Division of Occupational and Professional Licensing to the extent necessary to
carry functions and responsibilities related to the participation of the following in the
recommendation and dispensing of medical cannabis:
(A) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(B) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(C) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(D) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act;
(f) provides access to and interaction with the state central fill medical cannabis
pharmacy, state central fill agents, and local health department distribution agents, to facilitate
the state central fill shipment process;
[
(e)
] 
(g)
 [
provide
] 
provides
 access to state or local law enforcement
:
(i)
 during a traffic stop for the purpose of determining if the individual subject to the
traffic stop is [
complying
] 
in compliance
 with state medical cannabis law[
,
]
;
 or
(ii)
 after obtaining a warrant; 
and
[
(f)
] 
(h)
 [
create
] 
creates
 a record each time a person accesses the database that
identifies the person who [
accessed
] 
accesses
 the database and the individual whose records
[
are accessed; and
] 
the person accesses.
[
(g) (9) be operational no later than March 1, 2020.
]
(3) The [
Department of Health
] 
department
 may release de-identified data [
collected
by
] 
that
 the system 
collects
 for the purpose of
:
(a)
 conducting medical research
;
 and [
for
]
(b)
 providing the report required by Section [
26-60b-602
] 
26-61a-703
.
(4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish:
(a) the limitations on access to the data in the state electronic verification system as
described in this section; and
(b) standards and procedures to ensure accurate identification of an individual
requesting information or receiving information in this section.
(5) (a) Any person who knowingly and intentionally releases any information in the
state electronic verification system in violation of this section is guilty of a third degree felony.
(b) Any person who negligently or recklessly releases any information in the state
electronic verification system in violation of this section is guilty of a class C misdemeanor.
(6) (a) Any person who obtains or attempts to obtain information from the state
electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
(b) Any person who obtains or attempts to obtain information from the state electronic
verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
degree felony.
(7) (a) Except as provided in Subsection (7)(e), a person may not knowingly and
intentionally use, release, publish, or otherwise make available to any other person information
obtained from the state electronic verification system for any purpose other than a purpose
specified in this section.
(b) Each separate violation of this Subsection (7) is:
(i) a third degree felony; and
(ii) subject to a civil penalty not to exceed $5,000.
(c) The department shall determine a civil violation of this Subsection (7) in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(d) Civil penalties assessed under this Subsection (7) shall be deposited into the
General Fund.
(e) This Subsection (7) does not prohibit a person who obtains information from the
state electronic verification system under Subsection (2)(a), (c), or (f) from:
(i) including the information in the person's medical chart or file for access by a person
authorized to review the medical chart or file;
(ii) providing the information to a person in accordance with the requirements of the
Health Insurance Portability and Accountability Act of 1996; or
(iii) discussing or sharing that information on the patient with the patient.
Section 48. Section 
26-61a-104
, which is renumbered from Section 26-60b-105 is
renumbered and amended to read:
[
26-60b-105
].
 26-61a-104.
Qualifying condition.
(1) By designating a particular condition under Subsection (2) for which the use of
medical cannabis to treat symptoms is decriminalized, the Legislature does not conclusively
state that:
(a) current scientific evidence clearly supports the efficacy of a medical cannabis
treatment for the condition; or
(b) a medical cannabis treatment will treat, cure, or positively affect the condition.
[
(1)
] 
(2)
 For the purposes of this chapter, 
each of
 the following conditions [
are
considered
] 
is
 a qualifying [
illness
] 
condition
:
(a) HIV[
,
] 
or
 acquired immune deficiency syndrome [
or an autoimmune disorder
];
(b) Alzheimer's disease;
(c) amyotrophic lateral sclerosis;
(d) cancer[
,
]
;
(e)
 cachexia[
, or a condition manifest by physical wasting,
]
;
(f) persistent
 nausea[
, or malnutrition associated with chronic disease
] 
that is not
significantly responsive to traditional treatment, except for nausea related to:
(i) pregnancy;
(ii) cannabis-induced cyclical vomiting syndrome; or
(iii) cannabinoid hyperemesis syndrome
;
[
(e)
] 
(g)
 Crohn's disease[
,
] 
or
 ulcerative colitis[
, or a similar gastrointestinal disorder
];
[
(f)
] 
(h)
 epilepsy or [
a similar condition that causes
] debilitating seizures;
[
(g)
] 
(i)
 multiple sclerosis or [
a similar condition that causes
] persistent and
debilitating muscle spasms;
[
(h)
] 
(j)
 post-traumatic stress disorder[
;
] 
that is being treated and monitored by a
licensed mental health therapist, as that term is defined in Section 
58-60-102
, and that:
(i) has been diagnosed by a healthcare provider or mental health provider employed or
contracted by the United States Veterans Administration, evidenced by copies of medical
records from the Veterans Administration that are included as part of the qualified medical
provider's pre-treatment assessment and medical record documentation; or
(ii) has been diagnosed or confirmed, through face-to-face or telehealth evaluation of
the patient, by a provider who is:
(A) a licensed board-eligible or board-certified psychiatrist;
(B) a licensed psychologist with a doctorate-level degree;
(C) a licensed clinical social worker with a doctorate-level degree; or
(D) a licensed advanced practice registered nurse who is qualified to practice within
the psychiatric mental health nursing speciality and who has completed the clinical practice
requirements in psychiatric mental health nursing, including in psychotherapy, in accordance
with Subsection 
58-31b-302
(4)(g);
[
(i)
] 
(k)
 autism;
(l) a terminal illness when the patient's remaining life expectancy is less than six
months;
(m) a condition resulting in the individual receiving hospice care;
[
(j)
] 
(n)
 a rare condition or disease that
:
(i)
 affects less than 200,000 [
persons
] 
individuals
 in the United States, as defined in
Section 526 of the Federal Food, Drug, and Cosmetic Act; and
(ii) is not adequately managed despite treatment attempts using:
(A) conventional medications other than opioids or opiates; or
(B) physical interventions;
[
(k)
] 
(o)
 [
chronic or debilitating
] pain [
in an individual, if
] 
lasting longer than two
weeks that is not adequately managed, in the qualified medical provider's opinion, despite
treatment attempts using
:
(i) [
a physician determines that the individual is at risk of becoming chemically
dependent on, or overdosing on, opiate-based pain medication
] 
conventional medications other
than opioids or opiates
; or
(ii) [
a physician determines that the individual is allergic to opiates or is otherwise
medically unable to use opiates.
] 
physical interventions; and
[
(2)
] 
(p)
 [
In addition to the conditions described in Subsection (1),
] a condition
[
approved
] 
that the compassionate use board approves
 under Section [
26-60b-106
, in
]
26-61a-105
, on
 an individual, [
on a
] case-by-case basis[
, is considered a qualifying illness for
the purposes of this chapter
].
Section 49. Section 
26-61a-105
, which is renumbered from Section 26-60b-106 is
renumbered and amended to read:
[
26-60b-106
].
 26-61a-105.
Compassionate use board.
(1) 
(a)
 The department shall establish a [
Compassionate Use Board
] 
compassionate use
board
 consisting of:
[
(a)
] 
(i)
 [
five physicians
] 
seven qualified medical providers that the executive director
appoints:
(A)
 who are knowledgeable about the medicinal use of cannabis [
and
]
;
(B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(C) whom
 [
certified by
] the appropriate board 
certifies
 in [
one of
] the [
following
specialties:
] 
specialty of
 neurology, pain medicine and pain management, medical oncology,
psychiatry, infectious disease, internal medicine, pediatrics, [
and
] 
or
 gastroenterology; and
[
(b)
] 
(ii) as a nonvoting member and the chair of the board,
 the 
executive
 director [
of
the Department of Health
] or the director's designee [
as a non-voting member
].
(b) In appointing the seven qualified medical providers described in Subsection (1)(a),
the executive director shall ensure that at least two have a board certification in pediatrics.
(2) (a) [
Two of
] 
Of
 the members of the board 
that the executive director
 first
[
appointed
] 
appoints:
(i) three
 shall serve [
for a
] 
an initial
 term of [
three
] 
two
 years
;
 and [
two of
]
(ii)
 the 
remaining
 members [
of the board first appointed
] shall serve [
for a
] 
an initial
term of four years.
(b) After [
the first members' terms expire, members of the board shall serve for a
] 
an
initial
 term [
of
] 
described in Subsection (2)(a) expires:
(i) each term is
 four years
;
 and [
shall be
]
(ii) each board member is
 eligible for reappointment.
(c) [
Any
] 
A
 member of the board may serve until a successor is appointed.
[
(d) The director of the Department of Health or the director's designee shall serve as
the chair of the board.
]
(3) [
A
] 
Four members constitute a
 quorum of the [
Compassionate Use Board shall
consist of three members
] 
compassionate use board
.
(4) A member of the board may [
not
] receive
:
(a)
 compensation or benefits for the member's service[
, but may receive
]
; and
(b)
 per diem and travel expenses in accordance with Section 
63A-3-106
, Section
63A-3-107
, and rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(5) The [
Compassionate Use Board
] 
compassionate use board
 shall:
(a) review and recommend [
to the
] 
for
 department approval [
for
] 
an individual
described in Subsection 
26-61a-201
(2)(a), a minor described in Subsection 
26-61a-201
(2)(c),
or
 an individual who is not otherwise qualified to receive a medical cannabis card to obtain a
medical cannabis card for compassionate use if:
(i) 
for an individual who is not otherwise qualified to receive a medical cannabis card,
the 
individual's qualified medical provider is actively treating the
 individual [
offers, in the
board's discretion, satisfactory evidence that the individual suffers from a
] 
for an intractable 
condition that
:
(A)
 substantially impairs the individual's quality of life [
and is intractable
]; and
(B) has not, in the qualified medical provider's professional opinion, adequately
responded to conventional treatments;
(ii) the qualified medical provider:
(A) recommends that the individual or minor be allowed to use medical cannabis; and
(B) provides a letter, relevant treatment history, and notes or copies of progress notes
describing relevant treatment history including rationale for considering the use of medical
cannabis; and
[
(ii)
] 
(iii)
 the board determines 
that:
(A) the recommendation of the individual's qualified medical provider is justified; and
(B) based on available information,
 it [
is
] 
may be
 in the best [
interest
] 
interests
 of the
[
patient
] 
individual
 to allow the[
 compassionate
] use of medical cannabis;
(b) 
unless no petitions are pending:
(i)
 meet to receive or review compassionate use petitions 
at least
 quarterly[
, unless no
petitions are pending, or
]
; and
(ii)
 [
as often as necessary
] if there are more petitions than the board can receive or
review during the board's regular schedule
, as often as necessary
;
(c) complete a review of each petition and recommend 
to the department
 approval or
denial of the applicant for qualification for a medical cannabis card within 90 days [
of receipt
]
after the day on which the board received the petition
; and
(d) report, before November 1 of each year, to the Health and Human Services Interim
Committee[
,
]
:
(i)
 the number of compassionate use [
approvals
] 
recommendations
 the board issued
during the past year
;
 and
(ii)
 the types of conditions for which the board approved compassionate use.
(6) 
(a) (i)
 The department shall review any compassionate use [
approved by
] 
for which
the board 
recommends approval
 under [
this section
] 
Subsection (5)(c)
 to determine [
if
]
whether
 the board properly exercised the board's discretion under this section.
[
(7)
] 
(ii)
 If the department determines 
that
 the board properly [
approved an individual
for compassionate use under this section
] 
exercised the board's discretion in recommending
approval under Subsection (5)(c)
, the department shall
:
(A)
 issue [
a
] 
the relevant
 medical cannabis card[
.
]
; and
(B) provide for the renewal of the medical cannabis card in accordance with the
recommendation of the qualified medical provider described in Subsection (5)(a).
(b) (i) If the board recommends denial under Subsection (5)(c), the individual seeking
to obtain a medical cannabis card may petition the department to review the board's decision.
(ii) If the department determines that the board's recommendation for denial under
Subsection (5)(c) was arbitrary or capricious:
(A) the department shall notify the board of the department's determination; and
(B) the board shall reconsider the board's refusal to recommend approval under this
section.
(c) In reviewing the board's recommendation for approval or denial under Subsection
(5)(c) in accordance with this Subsection (6), the department shall presume the board properly
exercised the board's discretion unless the department determines that the board's
recommendation was arbitrary or capricious.
[
(8)
] 
(7)
 Any individually identifiable health information contained in a petition
[
received
] 
that the board or department receives
 under this section [
shall be
] 
is
 a protected
record in accordance with Title 63G, Chapter 2, Government Records Access and Management
Act.
[
(9)
] 
(8)
 The [
Compassionate Use Board may recommend
] 
compassionate use board
shall annually report the board's activity
 to the [
Health and Human Services Interim
Committee:
]
[
(a) a condition to designate as a qualifying illness under Section 
26-60b-105
; or
]
[
(b) a condition to remove as a qualifying illness under Section 
26-60b-105
]
Cannabinoid Product Board created in Section 
26-61-201
.
Section 50. Section 
26-61a-106
, which is renumbered from Section 26-60b-107 is
renumbered and amended to read:
[
26-60b-107
].
 26-61a-106.
 Qualified medical provider registration --
Continuing education -- Treatment recommendation.
(1) [
For the purposes of this chapter, a physician means an
] 
An
 individual[
, other than
a veterinarian, who
] 
may not recommend a medical cannabis treatment unless the department
registers the individual as a qualified medical provider in accordance with this section.
(2) (a) The department shall, within 15 days after the day on which the department
receives an application from an individual, register and issue a qualified medical provider
registration card to the individual if the individual:
(i) provides to the department the individual's name and address;
(ii) provides to the department a report detailing the individual's completion of the
applicable continuing education requirement described in Subsection (3);
(iii) provides to the department evidence that the individual:
(A) has the authority to write a prescription;
(B)
 is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
Controlled Substances Act
;
 and [
who
]
(C)
 possesses the authority, in accordance with the individual's scope of practice, to
prescribe 
a
 Schedule II controlled [
substances.
] 
substance;
(iv) provides to the department evidence that the individual is:
(A) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(B) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(C) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act,
whose declaration of services agreement, as that term is defined in Section 
58-70a-102
,
includes the recommending of medical cannabis, and whose supervising physician is a
qualified medical provider; and
(v) pays the department a fee in an amount that:
(A) the department sets, in accordance with Section 
63J-1-504
; and
(B) does not exceed $300 for an initial registration.
(b) The department may not register an individual as a qualified medical provider if the
individual is:
(i) a pharmacy medical provider or a state central fill medical provider; or
(ii) an owner, officer, director, board member, employee, or agent of a cannabis
production establishment or a medical cannabis pharmacy.
(3) (a) An individual shall complete the continuing education described in this
Subsection (3) in the following amounts:
(i) for an individual as a condition precedent to registration, four hours; and
(ii) for a qualified medical provider as a condition precedent to renewal, four hours
every two years.
(b) In accordance with Subsection (3)(a), a qualified medical provider shall:
(i) complete continuing education:
(A) regarding the topics described in Subsection (3)(d); and
(B) offered by the department under Subsection (3)(c) or an accredited or approved
continuing education provider that the department recognizes as offering continuing education
appropriate for the recommendation of cannabis to patients; and
(ii) make a continuing education report to the department in accordance with a process
that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
Professional Licensing and:
(A) for an advanced practice registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act, the Board of Nursing;
(B) for a qualified medical provider licensed under Title 58, Chapter 67, Utah Medical
Practice Act, the Physicians Licensing Board;
(C) for a qualified medical provider licensed under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board;
and
(D) for a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant
Act, the Physician Assistant Licensing Board.
(c) The department may, in consultation with the Division of Occupational and
Professional Licensing, develop the continuing education described in this Subsection (3).
(d) The continuing education described in this Subsection (3) may discuss:
(i) the provisions of this chapter;
(ii) general information about medical cannabis under federal and state law;
(iii) the latest scientific research on the endocannabinoid system and medical cannabis,
including risks and benefits;
(iv) recommendations for medical cannabis as it relates to the continuing care of a
patient in pain management, risk management, potential addiction, or palliative care; and
(v) best practices for recommending the form and dosage of medical cannabis products
based on the qualifying condition underlying a medical cannabis recommendation.
[
(2) A physician may recommend cannabis if the physician recommends cannabis to no
more than 20% of the physician's patients at any given time.
]
(4) (a) Except as provided in Subsection (4)(b) or (c), a qualified medical provider may
not recommend a medical cannabis treatment to more than 175 of the qualified medical
provider's patients at the same time, as determined by the number of medical cannabis cards
under the qualified medical provider's name in the state electronic verification system.
[
(3)
] 
(b) Except as provided in Subsection (4)(c),
 [
A physician
] 
a qualified medical
provider
 may recommend 
a medical
 cannabis 
treatment
 to [
greater than 20% of the physician's
patients
] 
up to 300 of the qualified medical provider's patients at any given time, as determined
by the number of medical cannabis cards under the qualified medical provider's name in the
state electronic verification system,
 if
:
(i)
 the [
physician is certified, by the
] appropriate American medical board[
, in one of
the following specialties:
] 
has certified the qualified medical provider in the specialty of
anesthesiology, gastroenterology, neurology, oncology, pain
, hospice
 and palliative [
care,
physiatry
] 
medicine, physical medicine and rehabilitation, rheumatology
, or psychiatry[
.
]
; or
(ii) a licensed business employs or contracts the qualified medical provider for the
specific purpose of providing hospice and palliative care.
(c) (i) Notwithstanding Subsection (4)(b), a qualified medical provider described in
Subsection (4)(b) may petition the Division of Occupational and Professional Licensing for
authorization to exceed the limit described in Subsection (4)(b) by graduating increments of
patients per authorization, not to exceed three authorizations.
(ii) The Division of Occupational and Professional Licensing shall grant the
authorization described in Subsection (4)(c)(i) if:
(A) the petitioning qualified medical provider pays a $100 fee;
(B) the division performs a review that includes the qualified medical provider's
medical cannabis recommendation activity in the state electronic verification system, relevant
information related to patient demand, and any patient medical records that the division
determines would assist in the division's review; and
(C) after the review described in this Subsection (4)(c)(ii), the division determines that
granting the authorization would not adversely affect public safety, adversely concentrate the
overall patient population among too few qualified medical providers, or adversely concentrate
the use of medical cannabis among the provider's patients.
[
(4)
] 
(5)
 A [
physician
] 
qualified medical provider
 may recommend 
medical
 cannabis to
an individual under this chapter only in the course of a [
physician-patient
] 
qualified medical
provider-patient
 relationship after the [
physician
] 
qualifying medical provider
 has completed
and documented in the patient's medical record
 a [
full
] 
thorough
 assessment of the patient's
condition and medical history 
based on the appropriate standard of care for the patient's
condition
.
[
(5)
] 
(6)
 (a) Except as provided in Subsection [
(5)(b)
] 
(6)(b)
, a [
physician eligible to
recommend cannabis or a cannabis product under this section
] 
qualified medical provider
 may
not advertise that the [
physician
] 
qualified medical provider
 recommends 
medical
 cannabis [
or
a cannabis product
] 
treatment
.
(b) [
A physician may advertise via
] 
For purposes of Subsection (6)(a), the
communication of the following, through
 a website [
that displays only
] 
does not constitute
advertising
:
(i) a green cross;
[
(ii) the location and hours of operation of the physician's office;
]
[
(iii)
] 
(ii)
 a qualifying [
illness
] 
condition
 that the [
physician
] 
qualified medical provider
treats; [
and
] 
or
[
(iv)
] 
(iii)
 a scientific study regarding 
medical
 cannabis use.
(7) (a) A qualified medical provider registration card expires two years after the day on
which the department issues the card.
(b) The department shall renew a qualified medical provider's registration card if the
provider:
(i) applies for renewal;
(ii) is eligible for a qualified medical provider registration card under this section,
including maintaining an unrestricted license as described in Subsection (2)(a)(iii);
(iii) certifies to the department in a renewal application that the information in
Subsection (2)(a) is accurate or updates the information;
(iv) submits a report detailing the completion of the continuing education requirement
described in Subsection (3); and
(v) pays the department a fee in an amount that:
(A) the department sets, in accordance with Section 
63J-1-504
; and
(B) does not exceed $50 for a registration renewal.
(8) The department may revoke the registration of a qualified medical provider who
fails to maintain compliance with the requirements of this section.
(9) A qualified medical provider may not receive any compensation or benefit for the
qualified medical provider's medical cannabis treatment recommendation from:
(a) a cannabis production establishment or an owner, officer, director, board member,
employee, or agent of a cannabis production establishment;
(b) a medical cannabis pharmacy or an owner, officer, director, board member,
employee, or agent of a medical cannabis pharmacy; or
(c) a qualified medical provider or pharmacy medical provider.
Section 51. Section 
26-61a-107
, which is renumbered from Section 26-60b-108 is
renumbered and amended to read:
[
26-60b-108
].
 26-61a-107.
Standard of care -- Physicians and pharmacists
not liable -- No private right of action.
[
A physician who recommends treatment with cannabis or a cannabis product to an
individual in accordance with this chapter may not, based on the recommendation, be subject
to
]
(1) An individual described in Subsection (2) is not subject to the following solely for
violating a federal law or regulation that would otherwise prohibit recommending, prescribing,
or dispensing medical cannabis, a medical cannabis product, or a cannabis-based drug that the
United States Food and Drug Administration has not approved:
(a)
 civil [
liability,
] 
or
 criminal liability[
,
]
;
 or
(b)
 licensure sanctions under 
Title 58, Chapter 17b, Pharmacy Practice Act, Title 58,
Chapter 31b, Nurse Practice Act,
 Title 58, Chapter 67, Utah Medical Practice Act [
or
]
,
 Title
58, Chapter 68, Utah Osteopathic Medical Practice Act
, or Title 58, Chapter 70a, Physician
Assistant Act
.
(2) The limitations of liability described in Subsection (1) apply to:
(a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed
under Title 58, Chapter 70a, Physician Assistant Act:
(i) (A) whom the department has registered as a qualified medical provider; and
(B) who recommends treatment with cannabis in a medicinal dosage form or a
cannabis product in a medicinal dosage form to a patient in accordance with this chapter; or
(ii) before January 1, 2021, who:
(A) has the authority to write a prescription; and
(B) recommends a medical cannabis treatment to a patient who has a qualifying
condition; and
(b) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act:
(i) whom the department has registered as a pharmacy medical provider or a state
central fill medical provider; and
(ii) who dispenses, in a medical cannabis pharmacy or the state central fill medical
cannabis pharmacy, treatment with cannabis in a medicinal dosage form or a cannabis product
in a medicinal dosage form to a medical cannabis cardholder in accordance with this chapter.
(3) Nothing in this section or chapter reduces or in any way negates the duty of an
individual described in Subsection (2) to use reasonable and ordinary care in the treatment of a
patient:
(a) who may have a qualifying condition; and
(b) (i) for whom the individual described in Subsection (2)(a)(i) or (ii) has
recommended or might consider recommending a treatment with cannabis or a cannabis
product; or
(ii) with whom the pharmacist described in Subsection (2)(b) has interacted in the
dosing or dispensing of cannabis or a cannabis product.
Section 52. Section 
26-61a-108
 is enacted to read:
 26-61a-108.
Agreement with a tribe.
(1) As used in this section, "tribe" means a federally recognized Indian tribe or Indian
band.
(2) (a) In accordance with this section, the governor may enter into an agreement with a
tribe to allow for the operation of a medical cannabis pharmacy on tribal land located within
the state.
(b) An agreement described in Subsection (2)(a) may not exempt any person from the
requirements of this chapter.
(c) The governor shall ensure that an agreement described in Subsection (2)(a):
(i) is in writing;
(ii) is signed by:
(A) the governor; and
(B) the governing body of the tribe that the tribe designates and has the authority to
bind the tribe to the terms of the agreement;
(iii) states the effective date of the agreement;
(iv) provides that the governor shall renegotiate the agreement if the agreement is or
becomes inconsistent with a state statute; and
(v) includes any accommodation that the tribe makes:
(A) to which the tribe agrees; and
(B) that is reasonably related to the agreement.
(d) Before executing an agreement under this Subsection (2), the governor shall consult
with the department.
(e) At least 30 days before the execution of an agreement described in this Subsection
(2), the governor or the governor's designee shall provide a copy of the agreement in the form
in which the agreement will be executed to:
(i) the chairs of the Native American Legislative Liaison Committee; and
(ii) the Office of Legislative Research and General Counsel.
Section 53. Section 
26-61a-109
, which is renumbered from Section 26-60b-109 is
renumbered and amended to read:
[
26-60b-109
].
 26-61a-109.
 Qualified Patient Enterprise Fund -- Creation --
Revenue neutrality.
(1) There is created [
in the General Fund a restricted account
] 
an enterprise fund
known as the [
"Medical Cannabis Restricted Account."
] 
"Qualified Patient Enterprise Fund."
(2) The [
account
] 
fund
 created in this section is funded from:
[
(a) money deposited into the account by the Department of Agriculture and Food
under Title 4, Chapter 41b, Cannabis Production Establishments;
]
[
(b)
] 
(a)
 money [
deposited
] 
the department deposits
 into the [
account by the
department
] 
fund
 under this chapter;
[
(c)
] 
(b)
 appropriations [
made
] 
the Legislature makes
 to the [
account by the
Legislature
] 
fund
; and
[
(d)
] 
(c)
 the interest described in Subsection (3).
(3) Interest earned on the [
account is
] 
fund shall be
 deposited [
in
] 
into
 the [
account
]
fund
.
(4) [
Money
] 
The department may only use money
 in the [
account may only be used
]
fund
 to fund the [
state medical cannabis program, including Title 26, Chapter 60b, Medical
Cannabis Act and Title 4, Chapter 41b, Cannabis Production Establishments
] 
department's
responsibilities under this chapter, except for the responsibilities described in Subsection
26-61a-110
(4).
(5) The department shall set fees authorized under this chapter in amounts that the
department anticipates are necessary, in total, to cover the department's cost to implement this
chapter
.
Section 54. Section 
26-61a-110
 is enacted to read:
 26-61a-110.
Qualified Distribution Enterprise Fund -- Creation.
(1) There is created an enterprise fund known as the "Qualified Distribution Enterprise
Fund."
(2) The fund created in this section is funded from:
(a) money the department deposits into the fund from the operation of the state central
fill medical cannabis pharmacy under this chapter;
(b) appropriations the Legislature makes to the fund; and
(c) the interest described in Subsection (3).
(3) Interest earned on the fund shall be deposited into the fund.
(4) The department may only use money in the fund to fund the operation of the state
central fill medical cannabis pharmacy.
Section 55. Section 
26-61a-111
, which is renumbered from Section 26-60b-110 is
renumbered and amended to read:
[
26-60b-110
].
 26-61a-111.
Nondiscrimination for medical care or
government employment.
(1) For purposes of medical care, including 
an
 organ [
and
] 
or
 tissue [
transplants, the
use of cannabis by a patient who holds
] 
transplant,
 a [
medical cannabis card
] 
patient's use,
 in
accordance with this chapter
, of cannabis in a medicinal dosage form or a cannabis product in a
medicinal dosage form:
(a)
 is considered the equivalent of the authorized use of any other medication used at
the discretion of a physician
;
 and
(b)
 does not constitute the use of an illicit substance or otherwise disqualify an
individual from needed medical care.
[
(2) No landlord may refuse to lease to and may not otherwise penalize a person solely
for the person's status as a medical cannabis card holder, unless failing to do so would cause
the landlord to lose a monetary or licensing-related benefit under federal law.
]
(2) (a) Notwithstanding any other provision of law and except as provided in
Subsection (2)(b), the state or any political subdivision shall treat an employee's use of medical
cannabis in accordance with this chapter or Section 
58-37-3.7
 in the same way the state or
political subdivision treats employee use of opioids and opiates.
(b) Subsection (2)(a) does not apply where application would jeopardize federal
funding for the employee's position.
Section 56. Section 
26-61a-112
 is enacted to read:
 26-61a-112.
No insurance requirement.
Nothing in this chapter requires an insurer, a third-party administrator, or an employer
to pay or reimburse for cannabis, a cannabis product, or a medical cannabis device.
Section 57. Section 
26-61a-113
 is enacted to read:
 26-61a-113.
No effect on use of hemp extract -- Cannabidiol -- Approved drugs.
(1) Nothing in this chapter prohibits an individual:
(a) with a valid hemp extract registration card that the department issues under Section
26-56-103
 from possessing, administering, or using hemp extract in accordance with Section
58-37-4.3
; or
(b) from purchasing, selling, possessing, or using a cannabidiol product in accordance
with Section 
4-41-402
.
(2) Nothing in this chapter restricts or otherwise affects the prescription, distribution,
or dispensing of a product that the United States Food and Drug Administration has approved.
Section 58. Section 
26-61a-114
 is enacted to read:
 26-61a-114.
Severability clause.
(1) If any provision of this title or this bill or the application of any provision of this
title or this bill to any person or circumstance is held invalid by a final decision of a court of
competent jurisdiction, the remaining provisions of this title and this bill remain effective
without the invalidated provision or application.
(2) The provisions of this title and this bill are severable.
Section 59. Section 
26-61a-201
, which is renumbered from Section 26-60b-201 is
renumbered and amended to read:
Part 2. Medical Cannabis Card Registration.
[
26-60b-201
].
 26-61a-201.
Medical cannabis patient card -- Medical
cannabis guardian card application -- Fees -- Studies.
(1) [
The Department of Health shall, no later than
] 
On or before
 March 1, 2020, [
and
]
the department shall,
 within 15 days after [
an individual
] 
the day on which an individual who
satisfies the eligibility criteria in this section or Section 
26-61a-202
 submits an application in
[
compliance
] 
accordance
 with this section[
,
] 
or Section 
26-61a-202
:
(a)
 issue a medical cannabis 
patient
 card to an individual [
who complies with this
section.
] 
described in Subsection (2)(a);
(b) issue a medical cannabis guardian card to an individual described in Subsection
(2)(b);
(c) issue a provisional patient card to a minor described in Subsection (2)(c); and
(d) issue a medical cannabis caregiver card to an individual described in Subsection
26-61a-202
(4).
(2) 
(a)
 An individual is eligible for a medical cannabis 
patient
 card if:
[
(a)
] 
(i) (A)
 the individual is at least [
] 
 years old[
,
]
; or
(B) the individual is 18, 19, or 20 years old, the individual petitions the compassionate
use board under Section 
26-61a-105
, and the compassionate use board recommends department
approval of the petition;
(ii)
 the individual is a Utah resident[
, and treatment with medical cannabis has been
recommended by
]
;
(iii)
 the individual's [
physician under
] 
qualified medical provider recommends
treatment with medical cannabis in accordance with
 Subsection (4); [
or
]
(iv) the individual signs an acknowledgment stating that the individual received the
information described in Subsection (8); and
(v) the individual pays to the department a fee in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
.
(b) 
(i)
 [
the individual
] 
An individual is eligible for a medical cannabis guardian card if
the individual:
(A) is at least 18 years old;
(B) is a Utah resident;
(C)
 is the parent or legal guardian of a minor[
, the individual is at least 18 years old,
the individual is a Utah resident, and treatment with
] 
for whom the minor's qualified medical
provider recommends a
 medical cannabis [
has been recommended by the minor's physician
under Subsection (4)
] 
treatment, the individual petitions the compassionate use board under
Section 
26-61a-105
, and the compassionate use board recommends department approval of the
petition;
(D) the individual signs an acknowledgment stating that the individual received the
information described in Subsection (8);
(E) pays to the department a fee in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
, plus the cost of the
criminal background check described in Section 
26-61a-203
; and
(F) the individual has not been convicted of a misdemeanor or felony drug distribution
offense under either state or federal law, unless the individual completed any imposed sentence
six months or more before the day on which the individual applies for a medical cannabis
guardian card.
(ii) The department shall notify the Department of Public Safety of each individual that
the department registers for a medical cannabis guardian card.
(c) (i) A minor is eligible for a provisional patient card if:
(A) the minor has a qualifying condition;
(B) the minor's qualified medical provider recommends a medical cannabis treatment
to address the minor's qualifying condition;
(C) the minor's parent or legal guardian petitions the compassionate use board under
Section 
26-61a-105
, and the compassionate use board recommends department approval of the
petition; and
(D) the minor's parent or legal guardian is eligible for a medical cannabis guardian card
under Subsection (2)(b).
(ii) The department shall automatically issue a provisional patient card to the minor
described in Subsection (2)(c)(i) at the same time the department issues a medical cannabis
guardian card to the minor's parent or legal guardian
.
(3) 
(a)
 An individual who is eligible for a medical cannabis card [
under
] 
described in
Subsection [
(2)
] 
(2)(a) or (b)
 shall submit an application for a medical cannabis card to the
department [
via
]
:
(i) through
 an electronic application connected to the 
state
 electronic verification
system[
,
]
;
(ii)
 with the recommending [
physician
] 
qualified medical provider
 while in the
recommending [
physician's
] 
qualified medical provider's
 office[
,
]
;
 and [
that includes
]
(iii) with information including:
(A)
 the [
individual's
] 
applicant's
 name, gender, age, and address[
.
]
;
(B) the number of the applicant's valid form of identification that is a valid United
States federal- or state-issued photo identification, including a driver license, a United States
passport, a United States passport card, or a United States military identification card;
(C) for a medical cannabis guardian card, the name, gender, and age of the minor
receiving a medical cannabis treatment under the cardholder's medical cannabis guardian card;
and
(D) for a provisional patient card, the name of the minor's parent or legal guardian who
holds the associated medical cannabis guardian card.
(b) The department shall ensure that a medical cannabis card the department issues
under this section contains the information described in Subsection (3)(a)(iii).
(c) (i) If a qualified medical provider determines that, because of age, illness, or
disability, a medical cannabis patient cardholder requires assistance in administering the
medical cannabis treatment that the qualified medical provider recommends, the qualified
medical provider may indicate the cardholder's need in the state electronic verification system.
(ii) If a qualified medical provider makes the indication described in Subsection
(3)(c)(i):
(A) the department shall add a label to the relevant medical cannabis patient card
indicating the cardholder's need for assistance; and
(B) any adult who is 21 years old or older and who is physically present with the
cardholder at the time the cardholder needs to use the recommended medical cannabis
treatment may handle the medical cannabis treatment and any associated medical cannabis
device as needed to assist the cardholder in administering the recommended medical cannabis
treatment, including in the event of an emergency medical condition under Subsection
26-61a-204
(2).
(iii) A non-cardholding individual acting under Subsection (3)(c)(ii)(B) may not:
(A) ingest or inhale medical cannabis;
(B) possess, transport, or handle medical cannabis or a medical cannabis device outside
of the immediate area where the cardholder is present or with an intent other than to provide
assistance to the cardholder; or
(C) possess, transport, or handle medical cannabis or a medical cannabis device when
the cardholder is not in the process of being dosed with medical cannabis.
(4) [
A physician who recommends treatment with
] 
To recommend a
 medical cannabis
treatment
 to [
an individual or minor
] 
a patient or to renew a recommendation, a qualified
medical provider
 shall:
(a) before recommending cannabis in a medicinal dosage form or a cannabis product in
a medicinal dosage form:
(i) verify the patient's and, for a minor patient, the minor patient's parent or legal
guardian's valid form of identification described in Subsection (3)(a);
(ii) review any record related to the patient and, for a minor patient, the patient's parent
or legal guardian in:
(A) the state electronic verification system; and
(B) the controlled substance database created in Section 
58-37f-201
; and
(iii) consider the recommendation in light of the patient's qualifying condition and
history of medical cannabis and controlled substance use; and
[
(a)
] 
(b)
 state in the [
physician's
] 
qualified medical provider's
 recommendation that the
[
individual
] 
patient:
(i)
 suffers from a qualifying [
illness
] 
condition
, including the type of qualifying
[
illness,
] 
condition;
 and [
that the individual
]
(ii)
 may benefit from treatment with cannabis 
in a medicinal dosage form
 or a cannabis
product 
in a medicinal dosage form.
[
; and
]
[
(b) before recommending cannabis or a cannabis product, look up the individual in the
controlled substance database created in Section 
58-37f-201
.
]
(5) 
(a)
 [
A
] 
Except as provided in Subsection (5)(b), a
 medical cannabis card [
issued
by
] 
that
 the department 
issues
 under this section is valid for the lesser of
:
(i)
 an amount of time [
determined by
] 
that
 the [
physician
] 
qualified medical provider
determines;
 or
(ii) (A) for the first issuance, 30 days; or
(B) for a renewal,
 six months.
(b) (i) A medical cannabis card that the department issues in relation to a terminal
illness described in Section 
26-61a-104
 does not expire.
(ii) The recommending qualified medical provider may revoke a recommendation that
the provider made in relation to a terminal illness described in Section 
26-61a-104
 if the
medical cannabis cardholder no longer has the terminal illness.
(6) (a) A medical cannabis patient card or a medical cannabis guardian card is
renewable if:
(i) at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) or
(b); or
(ii) the cardholder received the medical cannabis card through the recommendation of
the compassionate use board under Section 
26-61a-105
.
(b) A cardholder described in Subsection (6)(a) may renew the cardholder's card:
(i) using the application process described in Subsection (3); or
(ii) through phone or video conference with the qualified medical provider who made
the recommendation underlying the card, at the qualifying medical provider's discretion.
(c) A cardholder under Subsection (2)(a) or (b) who renews the cardholder's card shall
pay to the department a renewal fee in an amount that:
(i) subject to Subsection 
26-61a-109
(5), the department sets in accordance with Section
63J-1-504
; and
(ii) may not exceed the cost of the relatively lower administrative burden of renewal in
comparison to the original application process.
(d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional
patient card renews automatically at the time the minor's parent or legal guardian renews the
parent or legal guardian's associated medical cannabis guardian card.
(e) The department may revoke a medical cannabis guardian card if the cardholder
under Subsection (2)(b) is convicted of a misdemeanor or felony drug distribution offense
under either state or federal law.
[
(6)
] 
(7) (a)
 [
An individual who has been issued a medical cannabis card
] 
A cardholder
under this section [
may: (a)
] 
shall
 carry [
a
] 
the cardholder's
 valid medical cannabis card with
the patient's name[
;
]
.
(b) 
(i) A medical cannabis patient cardholder or a provisional patient cardholder may
purchase, 
in accordance with this chapter and the recommendation underlying the card,
cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a
medical cannabis device.
(ii) A cardholder under this section may
 possess[
, and
] 
or
 transport, in accordance with
this chapter 
and the recommendation underlying the card
, cannabis 
in a medicinal dosage form
,
a cannabis product 
in a medicinal dosage form
, or a medical cannabis device[
;
]
.
[
(c)
] 
(iii)
 [
use or assist with the use of medical cannabis or medical cannabis products
to treat
] 
To address
 the qualifying [
illness or symptoms associated with the qualifying illness of
the person for whom medical cannabis has been recommended
] 
condition underlying the
medical cannabis treatment recommendation:
(A) a medical cannabis patient cardholder or a provisional patient cardholder may use
cannabis in a medicinal dosage form, a medical cannabis product in a medicinal dosage form,
or a medical cannabis device
; and
(B) a medical cannabis guardian cardholder may assist the associated provisional
patient cardholder with the use of cannabis in a medicinal dosage form, a medical cannabis
product in a medicinal dosage form, or a medical cannabis device.
[
(d)
] 
(c) If neither a licensed medical cannabis pharmacy nor the state central fill
medical cannabis pharmacy is operating within the state
 after January 1, 2021, [
if a licensed
cannabis dispensary is not operating within 100 miles of the medical cannabis card holder's
primary residence, grow up to six cannabis plants for personal medical use within an enclosed
and locked space and not within view from a public place and that is not within 600 feet of a
community location or within 300 feet of an area zoned exclusively for residential use, as
measured from the nearest entrance to the space and following the shortest route or ordinary
pedestrian travel to the property boundary of the community location or residential area.
] 
a
cardholder under this section is not subject to prosecution for the possession of:
(i) no more than 113 grams of marijuana in a medicinal dosage form;
(ii) an amount of cannabis product in a medicinal dosage form that contains no more
than 20 grams of tetrahydrocannabinol; or
(iii) marijuana drug paraphernalia.
(8) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, a process to provide information regarding the following
to an individual receiving a medical cannabis card:
(a) risks associated with medical cannabis treatment;
(b) the fact that a condition's listing as a qualifying condition does not suggest that
medical cannabis treatment is an effective treatment or cure for that condition, as described in
Subsection 
26-61a-104
(1); and
(c) other relevant warnings and safety information that the department determines.
[
(7)
] 
(9)
 The department may establish procedures[
,
] by rule
,
 in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the [
medical cannabis
card
] application and issuance provisions of this section.
[
(8)
] 
(10)
 (a) A person may submit, to the department[
,
] a request to conduct a medical
research study using medical cannabis cardholder data [
contained in
] 
that
 the 
state
 electronic
verification system 
contains
.
(b) The department shall review a request [
submitted under
] 
described in
 Subsection
[
(8)(a)
] 
(10)(a)
 to determine [
if
] 
whether
 the medical research study is valid.
(c) If the department [
determines
] 
makes a determination under Subsection (10)(b)
 that
the medical research study is valid [
under Subsection (8)(b)
], the department shall notify [
a
]
each
 relevant [
medical cannabis
] cardholder asking for the [
medical cannabis
] cardholder's
[
participation
] 
consent to participate
 in the study.
(d) The department may release, for the purposes of a study 
described in this
Subsection (10)
, information about a [
medical cannabis
] cardholder 
under this section
 who
consents to [
participation
] 
participate
 under Subsection [
(8)(c)
] 
(10)(c)
.
(e) The department may establish standards for a medical research study's validity, by
rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 60. Section 
26-61a-202
, which is renumbered from Section 26-60b-202 is
renumbered and amended to read:
[
26-60b-202
].
 26-61a-202.
Medical cannabis caregiver card -- Registration
-- Renewal -- Revocation.
(1) [
An individual
] 
A cardholder described in Section 
26-61a-201
 may designate up to
two individuals to serve as 
a
 designated [
caregivers
] 
caregiver
 for the [
individual
] 
cardholder
if[
:
]
[
(a) the individual has a valid medical cannabis card under Section 
26-60b-201
; and
]
[
(b) a physician
] 
a qualified medical provider
 determines that, due to physical difficulty
or undue hardship, the [
individual
] 
cardholder
 needs assistance to obtain 
the medical
 cannabis
[
or a cannabis product from a cannabis dispensary
] 
treatment that the qualified medical
provider recommends
.
(2) An individual [
registered
] 
that the department registers
 as a designated caregiver
under this section
:
(a)
 may[
: (a)
] carry a valid medical cannabis 
caregiver
 card [
with the designating
patient's name and the designated caregiver's name
];
(b) [
purchase, possess, and transport,
] in accordance with this chapter, 
may purchase,
possess, transport, or assist the patient in the use of
 cannabis 
in a medicinal dosage form
, a
cannabis product 
in a medicinal dosage form
, or a medical cannabis device on behalf of the
designating [
patient
] 
medical cannabis cardholder
;
(c) may not charge a fee to an individual to act as the individual's designated caregiver
or for a service that the designated caregiver provides in relation to the role as a designated
caregiver;
[
(c)
] 
(d) may
 accept reimbursement from the designating [
patient
] 
medical cannabis
cardholder
 for direct costs [
incurred by
] the designated caregiver 
incurs
 for assisting with the
designating [
patient's
] 
cardholder's
 medicinal use of cannabis; and
[
(d)
] 
(e)
 [
after January 1, 2021,
] if 
neither
 a licensed 
medical
 cannabis [
dispensary
]
pharmacy nor the state central fill medical cannabis pharmacy
 is [
not
] operating within [
miles of the designating patient's primary residence, assist the designating patient with growing
up to six cannabis plants for personal medicinal use within an enclosed and locked space and
not within view from a public place and that is not within 600 feet of a community location or
within 300 feet of an area zoned exclusively for residential use, as measured from the nearest
entrance to the space and following the shortest route or ordinary pedestrian travel to the
property boundary of the community location or residential area.
] 
the state after January 1,
2021, is not subject to prosecution for the possession of:
(i) no more than 113 grams of marijuana in a medicinal dosage form;
(ii) an amount of cannabis product in a medicinal dosage form that contains no more
than 20 grams of tetrahydrocannabinol; or
(iii) marijuana drug paraphernalia.
(3) 
(a)
 The department shall[
,
]
:
(i)
 within [
] 
 days after 
the day on which
 an individual submits an application in
compliance with this section, issue a medical cannabis card to [
an individual designated as a
caregiver under Subsection (1) and who complies with this section.
] 
the applicant if the
applicant:
(A) is designated as a caregiver under Subsection (1);
(B) is eligible for a medical cannabis caregiver card under Subsection (4); and
(C) complies with this section; and
(ii) notify the Department of Public Safety of each individual that the department
registers as a designated caregiver.
(b) The department shall ensure that a medical cannabis caregiver card contains the
information described in Subsection (5)(b).
(4) An individual is eligible for a medical cannabis [
card as a designated
] caregiver
card
 if the individual:
(a) is at least [
] 
 years old;
(b) is a Utah resident;
(c) pays[
,
] to the department[
,
] a fee [
established by
] 
in an amount that, subject to
Subsection 
26-61a-109
(5),
 the department 
sets
 in accordance with Section 
63J-1-504
, plus the
cost of [
a
] 
the
 criminal background check [
required by
] 
described in
 Section 
[
26-60b-203
; and
]
26-61a-203
;
(d) signs an acknowledgment stating that the applicant received the information
described in Subsection 
26-61a-201
(8); and
[
(d)
] 
(e)
 has not been convicted of [
an
] 
a misdemeanor or felony drug distribution
offense that is a felony under either state or federal law, unless 
the individual completes
 any
imposed
 sentence [
imposed was completed seven
] 
two
 or more years [
earlier
] 
before the day on
which the individual submits the application
.
(5) An [
individual who is
] eligible 
applicant
 for a medical cannabis 
caregiver
 card[
 as a
designated caregiver
] shall
:
(a)
 submit an application for a medical cannabis 
caregiver
 card to the department [
via
]
through
 an electronic application connected to the 
state
 electronic verification system
;
 and
[
shall include the individual's
]
(b) submit the following information in the application described in Subsection (5)(a):
(i) the applicant's
 name, gender, age, and address [
and
]
;
(ii)
 the name
, gender, age, and address
 of the [
patient that
] 
cardholder described in
Section 
26-61a-201
 who
 designated the [
individual under Subsection (1).
] 
applicant; and
(iii) if a medical cannabis guardian cardholder designated the caregiver, the name,
gender, and age of the minor receiving a medical cannabis treatment in relation to the medical
cannabis guardian cardholder.
(6) [
A
] 
Except as provided in Subsection (6)(b), a
 medical cannabis 
caregiver
 card
[
issued by
] 
that
 the department 
issues
 under this section is valid for the lesser of
:
(a)
 an amount of time [
determined by the physician, by the patient, or 6 months.
] 
that
the cardholder described in Section 
26-61a-201
 who designated the caregiver determines; or
(b) the amount of time remaining before the card of the cardholder described in Section
26-61a-201
 expires.
(7) [
A medical cannabis card is renewable for a designated caregiver if, at the time of
renewal:
]
[
(a) the individual with a medical cannabis card described in Subsection (1) renews the
caregiver's designation; and
]
[
(b) the
]
(a) If a
 designated caregiver meets the requirements of Subsection (4)[
.
]
, the designated
caregiver's medical cannabis caregiver card renews automatically at the time the cardholder
described in Section 
26-61a-201
 who designated the caregiver:
(i) renews the cardholder's card; and
(ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
(b) The department shall provide a method in the card renewal process to allow a
cardholder described in Section 
26-61a-201
 who has designated a caregiver to:
(i) signify that the cardholder renews the caregiver's designation;
(ii) remove a caregiver's designation; or
(iii) designate a new caregiver.
[
(8) A designated caregiver may not charge an individual a fee to act as the individual's
designated caregiver or for services provided.
]
[
(9)
] 
(8)
 The [
Department of Health
] 
department
 may revoke a [
designated caregiver's
]
medical cannabis 
caregiver
 card if the [
individual
] 
designated caregiver
:
(a) violates this chapter; or
(b) is convicted [
of an offense that is a felony
] under [
either
] state or federal law 
of:
(i) a felony; or
(ii) after the effective date of this bill, a misdemeanor for drug distribution
.
Section 61. Section 
26-61a-203
, which is renumbered from Section 26-60b-203 is
renumbered and amended to read:
[
26-60b-203
].
 26-61a-203.
Designated caregiver -- Guardian -- Criminal
background check.
(1) [
An individual registered as a designated caregiver
] 
Each applicant for a medical
cannabis guardian card
 under Section [
26-60b-202
] 
26-61a-201
 or a medical cannabis
caregiver card under Section 26-61a-202
 shall
:
(a)
 submit [
to a criminal background check in accordance with Subsection (2).(2) Each
designated caregiver shall
] 
to the department, at the time of application
:
[
(a)
] 
(i)
 [
submit, to the department,
] a fingerprint card in a form acceptable to the
[
department and the
] Department of Public Safety; and
(ii) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the applicant's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
(b) consent to a fingerprint background check by:
(i) the [
Utah
] Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
[
(3)
] 
(2)
 The [
Department of Public Safety
] 
Bureau of Criminal Identification
 shall
:
(a)
 [
complete a Federal Bureau of Investigation Criminal Background Check for each
designated caregiver
] 
check the fingerprints the applicant submits
 under Subsection [
(2) and
]
(1)(a) against the applicable state, regional, and national criminal records databases, including
the Federal Bureau of Investigation Next Generation Identification System;
(b)
 report the results of the background check to the department[
.
]
;
(c) maintain a separate file of fingerprints that applicants submit under Subsection
(1)(a) for search by future submissions to the local and regional criminal records databases,
including latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(3) The department shall:
(a) assess an applicant who submits fingerprints under Subsection (1)(a) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
Identification.
Section 62. Section 
26-61a-204
, which is renumbered from Section 26-60b-204 is
renumbered and amended to read:
[
26-60b-204
].
 26-61a-204.
Medical cannabis card -- Patient and designated
caregiver requirements -- Rebuttable presumption.
(1) 
(a)
 [
An individual who has a
] 
A
 medical cannabis [
card and
] 
cardholder
 who
possesses cannabis 
in a medicinal dosage form
 or a cannabis product [
outside of
] 
in a
medicinal dosage form that
 the [
individual's residence
] 
cardholder purchased under this chapter
shall:
[
(a)
] 
(i)
 carry[
, with the individual
] at all times[
,
] the [
individual's
] 
cardholder's
medical cannabis card;
[
(b)
] 
(ii)
 carry, with the cannabis 
in a medicinal dosage form
 or cannabis product 
in a
medicinal dosage form
, a label that identifies that the cannabis or cannabis product
:
(A)
 was [
originally
] sold from a licensed 
medical
 cannabis [
dispensary and
] 
pharmacy
or the state central fill medical cannabis pharmacy; and
(B)
 includes an identification number that links the cannabis or cannabis product to the
inventory control system; and
[
(c)
] 
(iii)
 possess not more than [
four ounces
]
:
(A) 113 grams
 of unprocessed cannabis
;
 or
(B)
 an amount of cannabis product that contains 20 [
or fewer
] grams of 
total composite
tetrahydrocannabinol [
or cannabidiol
].
(b) A medical cannabis cardholder who possesses cannabis in a medicinal dosage form
or a cannabis product in a medicinal dosage form in violation of Subsection (1)(a) is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(c) A medical cannabis cardholder who possesses between 113 and 226 grams of
unprocessed cannabis or a total amount of cannabis product that contains between 20 and 40
grams of total composite tetrahydrocannabinol is:
(i) guilty of a class B misdemeanor; and
(ii) subject to a fine of $1,000.
(d) An individual who is guilty of a violation described in Subsection (1)(b) or (c) is
not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the
conduct underlying the penalty described in Subsection (1)(b) or (c).
(e) A medical cannabis cardholder who possesses more than 226 grams of unprocessed
cannabis or a total amount of cannabis product that contains more than 40 grams of total
composite tetrahydrocannabinol is subject to the penalties described in Title 58, Chapter 37,
Utah Controlled Substances Act.
(2) 
(a) As used in this Subsection (2), "emergency medical condition" means the same
as that term is defined in Section 
31A-22-627
.
[
(a)
] 
(b)
 Except as described in Subsection [
(2)(b), an individual who has
] 
(2)(c),
 a
medical cannabis [
card
] 
patient cardholder or a provisional patient cardholder
 may not use
, in
public view,
 cannabis or a cannabis product [
in public view
].
[
(b)
] 
(c)
 [
An
] 
In the event of an emergency medical condition, an
 individual 
described
in Subsection (2)(b)
 may use [
cannabis or a cannabis product
]
, and the holder of a medical
cannabis guardian card or a medical cannabis caregiver card may administer to the cardholder's
charge,
 in public view [
in the event of a medical emergency
]
, cannabis in a medicinal dosage
form or a cannabis product in a medicinal dosage form
.
(3) If [
an individual
] 
a medical cannabis cardholder carrying the cardholder's card
possesses cannabis 
in a medicinal dosage form
 or a cannabis product in compliance with
Subsection (1), or a medical cannabis device that corresponds with the cannabis or cannabis
product:
(a) there is a rebuttable presumption that the [
individual
] 
cardholder
 possesses the
cannabis, cannabis product, or medical cannabis device legally; and
(b) [
a law enforcement officer does not have
] 
there is no
 probable cause, based solely
on the [
individual's
] 
cardholder's
 possession of the cannabis 
in medicinal dosage form
,
cannabis product 
in medicinal dosage form
, or medical cannabis device, to believe that the
[
individual
] 
cardholder
 is engaging in illegal activity.
(4) (a) If a law enforcement officer stops an individual who possesses cannabis 
in a
medicinal dosage form
, a cannabis product 
in a medicinal dosage form
, or a medical cannabis
device, and the individual represents to the law enforcement officer that the individual holds a
valid medical cannabis card, but the individual does not have the medical cannabis card in the
individual's possession at the time of the stop by the law enforcement officer, the law
enforcement officer shall attempt to access the 
state
 electronic verification system to determine
whether the individual holds a valid medical cannabis card.
(b) If the law enforcement officer is able to verify that the individual described in
Subsection (4)(a) [
holds
] 
is
 a valid medical cannabis [
card
] 
cardholder
, the law enforcement
officer:
(i) may not arrest or take the individual into custody for the sole reason that the
individual is in possession of cannabis 
in a medicinal dosage form
, a cannabis product 
in a
medicinal dosage form
, or a medical cannabis device; and
(ii) may not seize the cannabis, cannabis product, or medical cannabis device.
[
(5) An individual who possesses cannabis, a cannabis product, or a medical cannabis
device in violation of Subsection (1)(a) or Subsection 1(b) is guilty of an infraction and subject
to a $100 fine.
]
Section 63. Section 
26-61a-205
 is enacted to read:
 26-61a-205.
Lost or stolen medical cannabis card.
(1) If a medical cannabis card is lost or stolen, the medical cannabis cardholder shall
report the lost or stolen card to the department.
(2) Upon receiving the report described in Subsection (1), the department shall
designate the medical cannabis card as lost or stolen in the state electronic verification system.
(3) A medical cannabis pharmacy agent or a local health department distribution agent
may confiscate a medical cannabis card that is designated as lost or stolen in accordance with
Subsection (2) if an individual presents the card at the relevant medical cannabis pharmacy or
local health department.
(4) To request a new medical cannabis card, the medical cannabis cardholder described
in Subsection (1) shall:
(a) complete a form that the department designates; and
(b) pay a fee in an amount that, subject to Subsection 
26-61a-109
(5), the department
sets in accordance with Section 
63J-1-504
.
Section 64. Section 
26-61a-301
, which is renumbered from Section 26-60b-301 is
renumbered and amended to read:
Part 3. Medical Cannabis Pharmacy License.
[
26-60b-301
].
 26-61a-301.
 Medical cannabis pharmacy -- License --
Eligibility.
(1) A person may not operate as a 
medical
 cannabis [
dispensary
] 
pharmacy
 without a
license [
issued by
] 
that
 the department [
issued
] 
issues
 under this part.
(2) 
(a)
 Subject to [
Subsections (5)
] 
Subsections (4) and (5)
 and to Section
[
26-60b-304
] 
26-61a-305
, the department shall, [
within 90 business days after receiving a
complete application
] 
in accordance with Title 63G, Chapter 6a, Utah Procurement Code
, issue
a license to operate a 
medical
 cannabis [
dispensary
] 
pharmacy
 to [
a person who
] 
an applicant
who is eligible for a license under this section.
(b) An applicant is eligible for a license under this section if the applicant
 submits to
the department:
[
(a)
] 
(i) subject to Subsection (2)(c),
 a proposed name and address where the [
person
]
applicant
 will operate the 
medical
 cannabis [
dispensary
] 
pharmacy
 [
that is not within 600 feet
of a community location or within 300 feet of an area zoned exclusively for residential use, as
measured from the nearest entrance to the cannabis production establishment by following the
shortest route of ordinary pedestrian travel to the property boundary of the community location
or residential area
];
[
(b)
] 
(ii)
 the name and address of [
any
] 
an
 individual who
:
(A)
 has a financial or voting interest of [
two percent
] 
2%
 or greater in the proposed
medical
 cannabis [
dispensary
] 
pharmacy;
 or [
who
]
(B)
 has the power to direct or cause the management or control of a proposed cannabis
production establishment;
[
(c)
] 
(iii)
 [
financial statements demonstrating that the person possesses a minimum of
$250,000 in liquid assets available
] 
evidence that the applicant has obtained and maintains a
performance bond that a surety authorized to transact surety business in the state issues in an
amount of at least $125,000
 for each application [
submitted
] 
that the applicant submits
 to the
department;
[
(d)
] 
(iv)
 an operating plan that
:
(A)
 complies with Section [
26-60b-303
] 
26-61a-304
;
 and [
that
]
(B)
 includes operating procedures to comply with the operating requirements for a
medical
 cannabis [
dispensary
] 
pharmacy
 described in this chapter and with[
 any laws adopted
by the municipality
] 
a relevant municipal
 or county 
law
 that [
are
] 
is
 consistent with Section
[
26-60b-506
] 
26-61a-507
;
[
(e) if the municipality or county where the proposed cannabis production
establishment would be located has enacted zoning restrictions, a sworn statement certifying
that the proposed cannabis dispensary is in compliance with the restrictions;
]
[
(f)
] 
(v)
 if the municipality or county where the proposed 
medical
 cannabis
[
dispensary
] 
pharmacy
 would be located requires a local 
land use
 permit [
or license
], a copy of
the 
person's approved
 application for the local 
land use
 permit [
or license
]; and
[
(g)
] 
(vi)
 an application fee [
established by
] 
in an amount that, subject to Subsection
26-61a-109
(5),
 the department 
sets
 in accordance with Section 
63J-1-504
 [
that is necessary to
cover the department's cost to implement this part;
]
.
(c) (i) A person may not locate a medical cannabis pharmacy in or within 600 feet of an
area that the relevant municipality or county has zoned as primarily residential.
(ii) An applicant for a license under this section shall provide evidence of compliance
with the proximity requirement described in Subsection (2)(c)(i).
(d) Except as provided in Subsection (2)(c), a medical cannabis pharmacy is a
permitted use in all zoning districts within a municipality or county.
(e) If the department receives more than one application for a medical cannabis
pharmacy within the same city or town, the department shall consult with the local land use
authority before approving any of the applications pertaining to that city or town.
[
(4)
] 
(3)
 If the department determines that [
a cannabis dispensary
] 
an applicant
 is
eligible for a license under this section, the department shall
:
(a)
 charge the [
cannabis dispensary
] 
applicant
 an initial license fee in an amount
[
determined by
] 
that, subject to Subsection 
26-61a-109
(5),
 the department 
sets
 in accordance
with Section 
63J-1-504
[
.
]
; and
(b) notify the Department of Public Safety of the license approval and the names of
each individual described in Subsection (2)(b)(ii).
[
(5)
] 
(4)
 The department may not issue a license to operate a 
medical
 cannabis
[
dispensary
] 
pharmacy
 to an applicant if [
any
] 
an
 individual [
who has a financial or voter
interest of two percent or greater in the cannabis dispensary applicant or who has power to
direct or cause the management or control of the applicant
] 
described in Subsection (2)(b)(ii)
:
(a) has been convicted [
of an offense that is a felony
] under [
either
] state or federal
law[
; or
] 
of:
(i) a felony; or
(ii) after the effective date of this bill, a misdemeanor for drug distribution; or
(b) is [
less
] 
younger
 than 21 years [
of age
] 
old
.
(5) If an applicant for a medical cannabis pharmacy license under this section holds a
license under Title 4, Chapter 41, Hemp and Cannabidiol Act, or Title 4, Chapter 41a,
Cannabis Production Establishments, the department:
(a) shall consult with the Department of Agriculture and Food regarding the applicant;
and
(b) may not give preference to the applicant based on the applicant's status as a holder
of a license described in this Subsection (5).
(6) The department may revoke a license under this part if
:
(a)
 the 
medical
 cannabis [
dispensary is not operating
] 
pharmacy does not begin
operations
 within one year [
of the issuance of
] 
after the day on which the department issues
 the
initial license[
.
]
;
(b) the medical cannabis pharmacy makes the same violation of this chapter three
times; or
(c) an individual described in Subsection (2)(a)(ii) is convicted, while the license is
active, under state or federal law of:
(i) a felony; or
(ii) after the effective date of this bill, a misdemeanor for drug distribution.
(7) The department shall deposit the proceeds of a fee imposed by this section in the
[
Medical Cannabis Restricted
] 
Qualified Patient Enterprise
 Account.
(8) The department shall begin accepting applications under this part [
no later than
] 
on
or before
 March 1, 2020.
(9) The department's authority to issue a license under this section is plenary and is not
subject to review.
Section 65. Section 
26-61a-302
, which is renumbered from Section 26-60b-402 is
renumbered and amended to read:
[
26-60b-402
].
 26-61a-302.
 Medical cannabis pharmacy owners and
directors -- Criminal background checks.
(1) Each applicant 
for a license as a medical cannabis pharmacy
 shall submit, at the
time of application, from each individual who has a financial or voting interest of [
two percent
]
2%
 or greater in the applicant or who has the power to direct or cause the management or
control of the applicant:
(a) a fingerprint card in a form acceptable to the [
department; and
] 
Department of
Public Safety;
(b) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the individual's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
[
(b)
] 
(c)
 consent to a fingerprint background check by
:
(i)
 the [
Utah
] Bureau of Criminal Identification
;
 and
(ii)
 the Federal Bureau of Investigation.
[
(2) The department shall request that the Department of Public Safety complete a
Federal Bureau of Investigation criminal background check for each individual described in
Subsection (1).
]
(2) The Bureau of Criminal Identification shall:
(a) check the fingerprints the applicant submits under Subsection (1) against the
applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(b) report the results of the background check to the department;
(c) maintain a separate file of fingerprints that applicants submit under Subsection (1)
for search by future submissions to the local and regional criminal records databases, including
latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(3) The department shall:
(a) assess an individual who submits fingerprints under Subsection (1) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
Identification.
Section 66. Section 
26-61a-303
, which is renumbered from Section 26-60b-302 is
renumbered and amended to read:
[
26-60b-302
].
 26-61a-303.
Renewal.
(1) [
Except as provided in Subsection (3), the
] 
The
 department shall renew a [
person's
]
license under this part every [
two years
] 
year
 if, at the time of renewal:
(a) the [
person
] 
licensee
 meets the requirements of Section [
26-60b-301
] 
26-61a-301
;
and
(b) the [
person
] 
licensee
 pays the department a license renewal fee in an amount
[
determined by
] 
that, subject to Subsection 
26-61a-109
(5),
 the department 
sets
 in accordance
with Section 
63J-1-504
.
(2) (a) If a licensed 
medical
 cannabis [
dispensary
] 
pharmacy
 abandons the 
medical
cannabis [
dispensary's
] 
pharmacy's
 license, the department shall publish notice of an available
license
:
(i)
 in a newspaper of general circulation for the geographic area in which the 
medical
cannabis [
dispensary
] 
pharmacy
 license is available
;
 or
(ii)
 on the Utah Public Notice Website established in Section 
63F-1-701
.
(b) The department may establish criteria, 
in collaboration with the Division of
Occupational and Professional Licensing and the Board of Pharmacy and
 in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, [
for what actions by a
] 
to identify
the medical
 cannabis [
dispensary
] 
pharmacy actions that
 constitute abandonment of a 
medical
cannabis [
dispensary
] 
pharmacy
 license.
Section 67. Section 
26-61a-304
, which is renumbered from Section 26-60b-303 is
renumbered and amended to read:
[
26-60b-303
].
 26-61a-304.
Operating plan.
[
(1)
] A person applying for a 
medical
 cannabis [
dispensary
] 
pharmacy
 license shall
submit to the department a proposed operation plan for the 
medical
 cannabis [
dispensary
]
pharmacy
 that complies with this section and that includes:
[
(a)
] 
(1)
 a description of the physical characteristics of the proposed facility, including
a floor plan and an architectural elevation;
[
(b)
] 
(2)
 a description of the credentials and experience of:
[
(i)
] 
(a)
 each officer, director, or owner of the proposed 
medical
 cannabis [
dispensary
]
pharmacy
; and
[
(ii)
] 
(b)
 any highly skilled or experienced prospective employee;
[
(c)
] 
(3)
 the 
medical
 cannabis [
dispensary's
] 
pharmacy's
 employee training standards;
[
(d)
] 
(4)
 a security plan; [
and
]
[
(e)
] 
(5)
 a description of the 
medical
 cannabis [
dispensary's
] 
pharmacy's
 inventory
control system, including a plan to make the inventory control system compatible with the 
state
electronic verification system[
.
]
; and
(6) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
manner that is sanitary and preserves the integrity of the cannabis.
Section 68. Section 
26-61a-305
, which is renumbered from Section 26-60b-304 is
renumbered and amended to read:
[
26-60b-304
].
 26-61a-305.
Maximum number of licenses.
(1) 
(a)
 [
The
] 
Except as provided in Subsection (1)(b), the
 department may not issue
more than [
the greater of, in each county in the state:
] 
seven medical cannabis pharmacy
licenses.
[
(a) one cannabis dispensary license; or
]
[
(b) an amount of cannabis dispensary licenses equal to the number of residents in the
county divided by 150,000, rounded up to the nearest greater whole number.
]
(b) (i) In addition to the licenses described in Subsection (1)(a), the department shall
issue an eighth license if the state central fill medical cannabis pharmacy:
(A) is not operational by January 1, 2021; or
(B) ceases operations after January 1, 2021.
(ii) In addition to the licenses described in Subsections (1)(a) and (1)(b)(i), the
department shall issue a ninth license if the state central fill medical cannabis pharmacy:
(A) is not operational by July 1, 2021; or
(B) ceases operations after July 1, 2021.
(iii) In addition to the licenses described in Subsections (1)(a), (1)(b)(i), and (1)(b)(ii),
the department shall issue a tenth license if the state central fill medical cannabis pharmacy:
(A) is not operational by January 1, 2022; or
(B) ceases operations after January 1, 2022.
(iv) The department shall issue the licenses described in Subsection (1)(b)(i), (ii), and
(iii), if a final order of a court enjoins or invalidates the operation of the state central fill
medical cannabis pharmacy.
(2) If there are more qualified applicants than there are available licenses for 
medical
cannabis [
dispensaries
] 
pharmacies
, the department shall
:
(a)
 evaluate [
the applicants
] 
each applicant
 and award the license to the applicant that
best demonstrates:
[
(a)
] 
(i)
 experience with establishing and successfully operating a business that
involves complying with a regulatory environment, tracking inventory, and training, evaluating,
and monitoring employees;
[
(b)
] 
(ii)
 an operating plan that will best ensure the safety and security of patrons and
the community;
[
(c)
] 
(iii)
 positive connections to the local community;
[
(d)
] 
(iv)
 the suitability of the proposed location and [
its
] 
the location's
 accessibility for
qualifying patients; and
[
(e)
] 
(v)
 the extent to which the applicant can reduce the cost of cannabis or cannabis
products for patients[
.
]
; and
(b) ensure a geographic dispersal among licensees that is sufficient to reasonably
maximize access to the largest number of medical cannabis cardholders.
(3) The department may conduct a face-to-face interview with an applicant for a
license that the department evaluates under Subsection (2).
Section 69. Section 
26-61a-401
, which is renumbered from Section 26-60b-401 is
renumbered and amended to read:
Part 4. Medical Cannabis Pharmacy Agents
[
26-60b-401
].
 26-61a-401.
 Medical cannabis pharmacy agent --
Registration.
(1) An individual may not serve as a 
medical
 cannabis [
dispensary
] 
pharmacy
 agent of
a 
medical
 cannabis [
dispensary
] 
pharmacy
 unless [
the individual is registered by
] the
department 
registers the individual
 as a 
medical
 cannabis [
dispensary
] 
pharmacy
 agent.
(2) [
A physician
] 
Except as provided in Section 
26-61a-403
, the following individuals,
regardless of the individual's status as a qualified medical provider,
 may not act as a 
medical
cannabis [
dispensary
] 
pharmacy
 agent[
.
]
, have a financial or voting interest of 2% or greater in
a medical cannabis pharmacy, or have the power to direct or cause the management or control
of a medical cannabis pharmacy:
(a) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(b) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(c) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
(3) 
(a)
 The department shall, within 15 days after [
receiving
] 
the day on which the
department receives
 a complete application from a 
medical
 cannabis [
dispensary
] 
pharmacy
 on
behalf of a prospective 
medical
 cannabis [
dispensary
] 
pharmacy
 agent, register and issue a
medical
 cannabis [
dispensary
] 
pharmacy
 agent registration card to [
an individual who
] 
the
prospective agent if the medical cannabis pharmacy
:
[
(a)
] 
(i)
 provides to the department
:
(A)
 the [
individual's
] 
prospective agent's
 name and address [
and
]
;
(B)
 the name and location of the licensed 
medical
 cannabis [
dispensary
] 
pharmacy
where the [
individual
] 
prospective agent
 seeks to act as the 
medical
 cannabis [
dispensary
]
pharmacy
 agent; [
and
]
(C) the submission required under Subsection (3)(b); and
[
(b)
] 
(ii)
 pays a fee to the department[
,
] in an amount [
determined by
] 
that, subject to
Subsection 
26-61a-109
(5),
 the department 
sets
 in accordance with Section 
63J-1-504
[
, that is
necessary to cover the department's cost to implement this part
].
(b) Each prospective agent described in Subsection (3)(a) shall:
(i) submit to the department:
(A) a fingerprint card in a form acceptable to the Department of Public Safety; and
(B) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
(ii) consent to a fingerprint background check by:
(A) the Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(c) The Bureau of Criminal Identification shall:
(i) check the fingerprints the prospective agent submits under Subsection (3)(b) against
the applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(ii) report the results of the background check to the department;
(iii) maintain a separate file of fingerprints that prospective agents submit under
Subsection (3)(b) for search by future submissions to the local and regional criminal records
databases, including latent prints;
(iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(v) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(d) The department shall:
(i) assess an individual who submits fingerprints under Subsection (3)(b) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(ii) remit the fee described in Subsection (3)(d) to the Bureau of Criminal
Identification.
(4) The department shall designate, on an individual's 
medical
 cannabis [
dispensary
]
pharmacy
 agent registration card[
,
] the name of the 
medical
 cannabis [
dispensary
] 
pharmacy
where the individual is registered as an agent.
(5) A 
medical
 cannabis [
dispensary
] 
pharmacy
 agent shall comply with a certification
standard [
developed by the department
] 
that the department develops in collaboration with the
Division of Occupational and Professional Licensing and the Board of Pharmacy
, or a [
third
party
] 
third-party
 certification standard [
designated by
] 
that
 the department[
,
] 
designates
 by
rule [
made
]
, in collaboration with the Division of Occupational and Professional Licensing and
the Board of Pharmacy and
 in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(6) The 
department shall ensure that the
 certification standard described in Subsection
(5) [
shall include
] 
includes
 training in:
(a) Utah medical cannabis law; and
(b) 
medical
 cannabis [
dispensary
] 
pharmacy
 best practices.
(7) The department may revoke [
or refuse to issue
] the 
medical
 cannabis [
dispensary
]
pharmacy
 agent registration card of
, or refuse to issue a medical cannabis pharmacy agent
registration card to,
 an individual who:
(a) violates the requirements of this chapter; or
(b) is convicted [
of an offense that is a felony
] under state or federal law[
.
] 
of:
(i) a felony; or
(ii) after the effective date of this bill, a misdemeanor for drug distribution.
(8) (a) A medical cannabis pharmacy agent registration card expires two years after the
day on which the department issues or renews the card.
(b) A medical cannabis pharmacy agent may renew the agent's registration card if the
agent:
(i) is eligible for a medical cannabis pharmacy agent registration card under this
section;
(ii) certifies to the department in a renewal application that the information in
Subsection (3)(a) is accurate or updates the information; and
(iii) pays to the department a renewal fee in an amount that:
(A) subject to Subsection 
26-61a-109
(5), the department sets in accordance with
Section 
63J-1-504
; and
(B) may not exceed the cost of the relatively lower administrative burden of renewal in
comparison to the original application process.
Section 70. Section 
26-61a-402
, which is renumbered from Section 26-60b-403 is
renumbered and amended to read:
[
26-60b-403
].
 26-61a-402.
 Medical cannabis pharmacy agent registration
card -- Rebuttable presumption.
(1) A 
medical
 cannabis [
dispensary
] 
pharmacy
 agent [
who is registered with the
department under section 
426-60b-401
] shall carry the individual's 
medical
 cannabis
[
dispensary
] 
pharmacy
 agent registration card with the individual at all times when:
(a) the individual is on the premises of a 
medical
 cannabis [
dispensary
] 
pharmacy
; and
(b) the individual is transporting cannabis 
in a medicinal dosage form
, a cannabis
product 
in a medicinal dosage form
, or a medical cannabis device between [
two cannabis
production establishments or between
] a cannabis production establishment and a 
medical
cannabis [
dispensary
] 
pharmacy
.
(2) If an individual handling
, at a medical cannabis pharmacy,
 cannabis 
in a medicinal
dosage form
, a cannabis product 
in a medicinal dosage form
, or a medical cannabis device [
at a
cannabis dispensary,
] or transporting cannabis 
in a medicinal dosage form
, a cannabis product
in a medicinal dosage form
, or a medical cannabis device, possesses the cannabis, cannabis
product, or medical cannabis device in compliance with Subsection (1):
(a) there is a rebuttable presumption that the individual possesses the cannabis,
cannabis product, or medical cannabis device legally; and
(b) [
a law enforcement officer does not have
] 
there is no
 probable cause, based solely
on the individual's possession of the cannabis 
in medicinal dosage form
, cannabis product 
in
medicinal dosage form
, or medical cannabis device in compliance with Subsection (1), [
to
believe
] that the individual is engaging in illegal activity.
(3) 
(a)
 [
An individual who violates
] 
A medical cannabis pharmacy agent who fails to
carry the agent's medical cannabis pharmacy agent registration card in accordance with
Subsection (1) is:
(i) for a first or second offense in a two-year period:
[
(a)
] 
(A)
 guilty of an infraction; and
[
(b)
] 
(B)
 is subject to a $100 fine[
.
]
; or
(ii) for a third or subsequent offense in a two-year period:
(A) guilty of a class C misdemeanor; and
(B) subject to a $750 fine.
(b) (i) The prosecuting entity shall notify the department and the relevant medical
cannabis pharmacy of each conviction under Subsection (3)(a).
(ii) For each violation described in Subsection (3)(a)(ii), the department may assess the
relevant medical cannabis pharmacy a fine of up to $5,000, in accordance with a fine schedule
that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(c) An individual who is guilty of a violation described in Subsection (3)(a) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (3)(a).
Section 71. Section 
26-61a-403
 is enacted to read:
 26-61a-403.
Pharmacy medical providers -- Registration -- Continuing education.
(1) (a) A medical cannabis pharmacy:
(i) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
Practice Act, as a pharmacy medical provider;
(ii) may employ a physician who has the authority to write a prescription and is
licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, as a pharmacy medical provider;
(iii) shall ensure that a pharmacy medical provider described in Subsection (1)(a)(i)
works onsite during all business hours; and
(iv) shall designate one pharmacy medical provider described in Subsection (1)(a)(i) as
the pharmacist-in-charge to oversee the operation of and generally supervise the medical
cannabis pharmacy.
(b) An individual may not serve as a pharmacy medical provider unless the department
registers the individual as a pharmacy medical provider in accordance with Subsection (2).
(2) (a) The department shall, within 15 days after the day on which the department
receives an application from a medical cannabis pharmacy on behalf of a prospective pharmacy
medical provider, register and issue a pharmacy medical provider registration card to the
prospective pharmacy medical provider if the medical cannabis pharmacy:
(i) provides to the department:
(A) the prospective pharmacy medical provider's name and address;
(B) the name and location of the licensed medical cannabis pharmacy where the
prospective pharmacy medical provider seeks to act as a pharmacy medical provider;
(C) a report detailing the completion of the continuing education requirement described
in Subsection (3); and
(D) evidence that the prospective pharmacy medical provider is a pharmacist who is
licensed under Title 58, Chapter 17b, Pharmacy Practice Act, or a physician who has the
authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(ii) pays a fee to the department in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
.
(b) The department may not register a qualified medical provider or a state central fill
medical provider as a pharmacy medical provider.
(3) (a) A pharmacy medical provider shall complete the continuing education described
in this Subsection (3) in the following amounts:
(i) as a condition precedent to registration, four hours; and
(ii) as a condition precedent to renewal of the registration, four hours every two years.
(b) In accordance with Subsection (3)(a), the pharmacy medical provider shall:
(i) complete continuing education:
(A) regarding the topics described in Subsection (3)(d); and
(B) offered by the department under Subsection (3)(c) or an accredited or approved
continuing education provider that the department recognizes as offering continuing education
appropriate for the medical cannabis pharmacy practice; and
(ii) make a continuing education report to the department in accordance with a process
that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
Professional Licensing and:
(A) for a pharmacy medical provider who is licensed under Title 58, Chapter 17b,
Pharmacy Practice Act, the Board of Pharmacy;
(B) for a pharmacy medical provider licensed under Title 58, Chapter 67, Utah Medical
Practice Act, the Physicians Licensing Board; and
(C) for a pharmacy medical provider licensed under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
(c) The department may, in consultation with the Division of Occupational and
Professional Licensing, develop the continuing education described in this Subsection (3).
(d) The continuing education described in this Subsection (3) may discuss:
(i) the provisions of this chapter;
(ii) general information about medical cannabis under federal and state law;
(iii) the latest scientific research on the endocannabinoid system and medical cannabis,
including risks and benefits;
(iv) recommendations for medical cannabis as it relates to the continuing care of a
patient in pain management, risk management, potential addiction, and palliative care; or
(v) best practices for recommending the form and dosage of a medical cannabis
product based on the qualifying condition underlying a medical cannabis recommendation.
(4) (a) A pharmacy medical provider registration card expires two years after the day
on which the department issues or renews the card.
(b) A pharmacy medical provider may renew the provider's registration card if the
provider:
(i) is eligible for a pharmacy medical provider registration card under this section;
(ii) certifies to the department in a renewal application that the information in
Subsection (2)(a) is accurate or updates the information;
(iii) submits a report detailing the completion of the continuing education requirement
described in Subsection (3); and
(iv) pays to the department a renewal fee in an amount that:
(A) subject to Subsection 
26-61a-109
(5), the department sets in accordance with
Section 
63J-1-504
; and
(B) may not exceed the cost of the relatively lower administrative burden of renewal in
comparison to the original application process.
Section 72. Section 
26-61a-501
, which is renumbered from Section 26-60b-501 is
renumbered and amended to read:
Part 5. Medical Cannabis Pharmacy Operation
[
26-60b-501
].
 26-61a-501.
Operating requirements -- General.
(1) (a) A 
medical
 cannabis [
dispensary
] 
pharmacy
 shall operate
:
(i) at the physical address provided to the department under Section 
26-61a-301
; and
(ii)
 in accordance with the operating plan provided to the department under [
Section
26-60b-303
] 
Section 
26-61a-301
 and, if applicable, 
26-61a-304
.
(b) A 
medical
 cannabis [
dispensary
] 
pharmacy
 shall notify the department before a
change in the 
medical
 cannabis [
dispensary's
] 
pharmacy's physical address or
 operating plan.
(2) [
A
] 
An individual may not enter a medical
 cannabis [
dispensary shall operate
]
pharmacy unless the individual
:
 (a) is at least 18 years old; and
[
(a)
] 
(b)
 except as provided in Subsection (5), [
in a facility that is accessible only by an
individual with
] 
possesses
 a valid
:
(i) medical
 cannabis [
dispensary
] 
pharmacy
 agent registration card
;
 or [
a
]
(ii)
 medical cannabis card[
; and
]
.
[
(b) at the physical address provided to the department under Section 
26-60b-301
.
]
(3) A 
medical
 cannabis [
dispensary
] 
pharmacy
 may not employ [
any person
] 
an
individual
 who is younger than 21 years [
of age
] 
old
.
(4) A 
medical
 cannabis [
dispensary shall conduct a background check into the criminal
history of every person who will become an agent of the cannabis dispensary and
] 
pharmacy
may not employ [
any person
] 
an individual
 who has been convicted of [
an offense that is
] a
felony under [
either
] state or federal law.
(5) [
A
] 
Notwithstanding Subsection (2), a medical
 cannabis [
dispensary
] 
pharmacy
may authorize an individual who is not a 
medical
 cannabis [
dispensary
] 
pharmacy
 agent to
access the 
medical
 cannabis [
dispensary
] 
pharmacy
 if the 
medical
 cannabis [
dispensary
]
pharmacy
 tracks and monitors the individual at all times while the individual is at the 
medical
cannabis [
dispensary
] 
pharmacy
 and maintains a record of the individual's access.
(6) A 
medical
 cannabis [
dispensary
] 
pharmacy
 shall operate in a facility that has:
(a) a single, secure public entrance;
(b) a security system with a backup power source that:
(i) detects and records entry into the 
medical
 cannabis [
dispensary
] 
pharmacy
; and
(ii) provides notice of an unauthorized entry to law enforcement when the 
medical
cannabis [
dispensary
] 
pharmacy
 is closed; and
(c) a lock on [
any
] 
each
 area where the 
medical
 cannabis [
dispensary
] 
pharmacy
 stores
cannabis or a cannabis product.
(7) A 
medical
 cannabis [
dispensary
] 
pharmacy
 shall post, 
both
 clearly and
conspicuously in the 
medical
 cannabis [
dispensary
] 
pharmacy
, the limit on the purchase of
cannabis described in Subsection [
26-60b-502
(3)
] 
26-61a-502
(2)
.
(8) A 
medical
 cannabis [
dispensary
] 
pharmacy
 may not allow any individual to
consume cannabis on the property or premises of the 
medical
 cannabis [
dispensary
] 
pharmacy
.
(9) A 
medical
 cannabis [
dispensary
] 
pharmacy
 may not sell cannabis or a cannabis
product without first indicating on the cannabis or cannabis product label the name of the
medical
 cannabis [
dispensary
] 
pharmacy
.
(10) (a) Each medical cannabis pharmacy shall retain in the pharmacy's records the
following information regarding each recommendation underlying a transaction:
(i) the qualified medical provider's name, address, and telephone number;
(ii) the patient's name and address;
(iii) the date of issuance;
(iv) dosing parameters or an indication that the qualified medical provider did not
recommend specific dosing parameters; and
(v) if the patient did not complete the transaction, the name of the medical cannabis
cardholder who completed the transaction.
(b) The medical cannabis pharmacy may not sell cannabis or a cannabis product unless
the cannabis or cannabis product has a label securely affixed to the container indicating the
following minimum information:
(i) the name, address, and telephone number of the medical cannabis pharmacy;
(ii) the unique identification number that the medical cannabis pharmacy assigns;
(iii) the date of the sale;
(iv) the name of the patient;
(v) the name of the qualified medical provider who recommended the medical cannabis
treatment;
(vi) directions for use and cautionary statements, if any;
(vii) the amount dispensed and the cannabinoid content;
(viii) the beyond use date; and
(ix) any other requirements that the department determines, in consultation with the
Division of Occupational and Professional Licensing and the Board of Pharmacy.
(11) A pharmacy medical provider or medical cannabis pharmacy agent shall:
(a) unless the medical cannabis cardholder has had a consultation under Subsection
26-61a-502
(4), verbally offer to a medical cannabis cardholder at the time of a purchase of
cannabis, a cannabis product, or a medical cannabis device, personal, face-to-face counseling
with the pharmacy medical provider who is a pharmacist; and
(b) provide a telephone number or website by which the cardholder may contact a
pharmacy medical provider for counseling.
(12) (a) A medical cannabis pharmacy may create a medical cannabis disposal program
that allows an individual to deposit unused or excess medical cannabis, cannabis residue from a
medical cannabis device, or medical cannabis product in a locked box or other secure
receptacle within the medical cannabis pharmacy.
(b) A medical cannabis pharmacy with a disposal program described in Subsection
(12)(a) shall ensure that only a medical cannabis pharmacy agent can access deposited medical
cannabis or medical cannabis products.
(c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis or
medical cannabis products by:
(i) rendering the deposited medical cannabis or medical cannabis products unusable
and unrecognizable before transporting deposited medical cannabis or medical cannabis
products from the medical cannabis pharmacy; and
(ii) disposing of the deposited medical cannabis or medical cannabis products in
accordance with:
(A) federal and state law, rules, and regulations related to hazardous waste;
(B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
(C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
(D) other regulations that the department makes in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(13) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
by a medical cannabis pharmacy.
Section 73. Section 
26-61a-502
, which is renumbered from Section 26-60b-502 is
renumbered and amended to read:
[
26-60b-502
].
 26-61a-502.
Dispensing -- Amount a medical cannabis
pharmacy may dispense -- Reporting -- Form of cannabis or cannabis product.
(1) 
(a)
 A 
medical
 cannabis [
dispensary
] 
pharmacy
 may [
only
] 
not
 sell 
a product other
than
, subject to this chapter:
[
(a)
] 
(i)
 cannabis 
in a medicinal dosage form that the medical cannabis pharmacy
acquired from a cannabis processing facility that is licensed under Section 
4-41a-201
;
[
(b)
] 
(ii)
 a cannabis product 
in a medicinal dosage form that the medical cannabis
pharmacy acquired from a cannabis processing facility that is licensed under Section
4-41a-201
;
[
(c)
] 
(iii)
 a medical cannabis device; or
[
(d)
] 
(iv)
 educational [
materials
] 
material
 related to the medical use of cannabis.
[
(2)
] 
(b)
 A 
medical
 cannabis [
dispensary
] 
pharmacy
 may only sell [
the items
] 
an item
listed in Subsection (1)
(a)
 to an individual with
:
(i)
 a medical cannabis card [
issued by the department.
]
; and
(ii) corresponding identification that is a valid United States federal- or state-issued
photo identification, including a driver license, a United States passport, a United States
passport card, or a United States military identification card.
(c) Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a
cannabis-based drug that the United States Food and Drug Administration has approved.
[
(3)
] 
(2)
 A 
medical
 cannabis [
dispensary
] 
pharmacy
 may not dispense [
on behalf of any
one individual with
]
:
(a) to
 a medical cannabis [
card,
] 
cardholder
 in any one [
14-day
] 
12-day
 period
, more
than the lesser of
:
(i) an amount sufficient to provide 14 days of treatment based on the dosing parameters
that the relevant qualified medical provider recommends; or
[
(a)
] 
(ii) (A)
 [
an amount
] 
grams by weight
 of unprocessed cannabis that [
exceeds
two ounces by weight
] 
is in a medicinal dosage form and that carries a label clearly displaying
the amount of tetrahydrocannabinol and cannabidiol in the cannabis
; or
[
(b)
] 
(B)
 an amount of cannabis products 
that is in a medicinal dosage form and
 that
contains, in total, greater than 10 grams of 
total composite
 tetrahydrocannabinol [
or
cannabidiol.
]
;
(b) to a medical cannabis cardholder whose primary residence is located more than 100
miles from the nearest medical cannabis pharmacy or local health department, in any one
28-day period, more than the lesser of:
(i) an amount sufficient to provide 30 days of treatment based on the dosing parameters
that the relevant qualified medical provider recommends; or
(ii) (A) 113 grams by weight of unprocessed cannabis that is in a medicinal dosage
form and that carries a label clearly displaying the amount of tetrahydrocannabinol and
cannabidiol in the cannabis; or
(B) an amount of cannabis products that is in a medicinal dosage form and that
contains, in total, greater than 20 grams of total composite tetrahydrocannabinol; or
(c) to an individual whose qualified medical provider did not recommend dosing
parameters, until the individual consults with the pharmacy medical provider in accordance
with Subsection (4), any cannabis or cannabis products.
[
(4)
] 
(3)
 An individual with a medical cannabis card may not purchase
:
(a)
 more cannabis or cannabis products than the amounts designated in Subsection
[
(3)
] 
(2)
 in any one [
14-day
] 
12-day
 period[
.
]
; or
(b) if the relevant qualified medical provider did not recommend dosing parameters,
until the individual consults with the pharmacy medical provider in accordance with
Subsection (4), any cannabis or cannabis products.
(4) If a qualified medical provider recommends treatment with medical cannabis or a
cannabis product but does not provide dosing parameters:
(a) the qualified medical provider shall document in the recommendation:
(i) an evaluation of the qualifying condition underlying the recommendation;
(ii) prior treatment attempts with cannabis and cannabis products; and
(iii) the patient's current medication list; and
(b) before the relevant medical cannabis cardholder may obtain cannabis in a medicinal
dosage form or a cannabis product in a medicinal dosage form, the pharmacy medical provider
shall:
(i) review pertinent medical records, including the qualified medical provider
documentation described in Subsection (4)(a); and
(ii) after completing the review described in Subsection (4)(b)(i) and consulting with
the recommending qualified medical provider as needed, determine the best course of treatment
through consultation with the cardholder regarding:
(A) the patient's qualifying condition underlying the recommendation from the
qualified medical provider;
(B) indications for available treatments;
(C) dosing parameters; and
(D) potential adverse reactions.
(5) A 
medial
 cannabis [
dispensary
] 
pharmacy
 shall:
(a) 
(i)
 access the 
state
 electronic verification system before dispensing cannabis or a
cannabis product to [
an individual with
] a medical cannabis [
card
] 
cardholder
 in order to
determine if the [
individual
] 
cardholder or, where applicable, the associated patient
 has met the
maximum amount of cannabis or cannabis products described in Subsection [
(3)
] 
(2)
; and
(ii) if the verification in Subsection (5)(a)(i) indicates that the individual has met the
maximum amount described in Subsection (2):
(A) decline the sale; and
(B) notify the qualified medical provider who made the underlying recommendation;
(b) submit a record to the 
state
 electronic verification system each time the 
medical
cannabis [
dispensary
] 
pharmacy
 dispenses cannabis or a cannabis product to [
an individual
with
] a medical cannabis [
card.
] 
cardholder;
(c) package any cannabis or cannabis product that is in a blister pack in a container
that:
(i) complies with Subsection 
4-41a-602
(2);
(ii) is tamper-resistant and tamper-evident; and
(iii) opaque; and
(d) for a product that is a cube that is designed for ingestion through chewing or
holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
of over-consumption.
(6) (a) Except as provided in Subsection (6)(b), a 
medical
 cannabis [
dispensary
]
pharmacy
 may not sell medical cannabis in the form of a cigarette or a medical cannabis device
that is intentionally designed or constructed to resemble a cigarette.
(b) A 
medial
 cannabis [
dispensary
] 
pharmacy
 may sell a medical cannabis device that
warms cannabis material into a vapor without the use of a flame and that delivers cannabis to
an individual's respiratory system.
(7) A 
medical
 cannabis [
dispensary
] 
pharmacy
 may 
not
 give [
to an individual with a
medical cannabis card
], at no cost, a product that the 
medical
 cannabis [
dispensary
] 
pharmacy
is allowed to sell under Subsection (1).
(8) The department may impose a uniform fee on each medical cannabis cardholder
transaction in a medical cannabis pharmacy in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
.
Section 74. Section 
26-61a-503
 is enacted to read:
 26-61a-503.
Partial filling.
(1) As used in this section, "partially fill" means to provide less than the full amount of
cannabis or cannabis product that the qualified medical provider recommends, if the qualified
medical provider recommended specific dosing parameters.
(2) A pharmacy medical provider may partially fill a recommendation for a medical
cannabis treatment at the request of the qualified medical provider who issued the medical
cannabis treatment recommendation or the medical cannabis cardholder.
(3) The department shall make rules, in collaboration with the Division of
Occupational and Professional Licensing and the Board of Pharmacy and in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying how to record the date,
quantity supplied, and quantity remaining of a partially filled medical cannabis treatment
recommendation.
(4) A pharmacy medical provider who is a pharmacist may, upon the request of a
medical cannabis cardholder, determine different dosing parameters, subject to the dosing
limits in Subsection 
26-61a-502
(2), to fill the quantity remaining of a partially filled medical
cannabis treatment recommendation if:
(a) the pharmacy medical provider determined dosing parameters for the partial fill
under Subsection 
26-61a-502
(4); and
(b) the medical cannabis cardholder reports that:
(i) the partial fill did not substantially affect the qualifying condition underlying the
medical cannabis recommendation; or
(ii) the patient experienced an adverse reaction to the partial fill or was otherwise
unable to successfully use the partial fill.
Section 75. Section 
26-61a-504
, which is renumbered from Section 26-60b-503 is
renumbered and amended to read:
[
26-60b-503
].
 26-61a-504.
Inspections.
(1) Each medical cannabis pharmacy shall maintain the pharmacy's medical cannabis
treatment recommendation files and other records in accordance with this chapter, department
rules, and the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No.
104-191, 110 Stat. 1936, as amended.
(2)
 The department may inspect the records and facility of a 
medical
 cannabis
[
dispensary
] 
pharmacy
 at any time 
during business hours
 in order to determine if the 
medical
cannabis [
dispensary
] 
pharmacy
 complies with [
the licensing requirements of this part
] 
this
chapter
.
(3) An inspection under this section may include:
(a) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
physical or electronic information;
(b) questioning of any relevant individual; or
(c) inspection of equipment, an instrument, a tool, or machinery, including a container
or label.
(4) In making an inspection under this section, the department may freely access any
area and review and make copies of a book, record, paper, document, data, or other physical or
electronic information, including financial data, sales data, shipping data, pricing data, and
employee data.
(5) Failure to provide the department or the department's authorized agents immediate
access to records and facilities during business hours in accordance with this section may result
in:
(a) the imposition of a civil monetary penalty that the department sets in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) license or registration suspension or revocation; or
(c) an immediate cessation of operations under a cease and desist order that the
department issues.
Section 76. Section 
26-61a-505
, which is renumbered from Section 26-60b-504 is
renumbered and amended to read:
[
26-60b-504
].
 26-61a-505.
Advertising.
(1) Except as provided in Subsections (2) and (3), a 
medical
 cannabis [
dispensary
]
pharmacy
 may not advertise in any medium.
(2) A 
medical
 cannabis [
dispensary
] 
pharmacy
 may use signage on the outside of the
medical
 cannabis [
dispensary
] 
pharmacy
 that includes only:
(a) the 
medical
 cannabis [
dispensary's
] 
pharmacy's
 name and hours of operation; and
(b) a green cross.
(3) A 
medical
 cannabis [
dispensary
] 
pharmacy
 may maintain a website that includes
information about:
(a) the location and hours of operation of the 
medical
 cannabis [
dispensary
] 
pharmacy
;
(b) [
the products and services
] 
a product or service
 available at the 
medical
 cannabis
[
dispensary
] 
pharmacy
;
(c) personnel affiliated with the 
medical
 cannabis [
dispensary
] 
pharmacy
;
(d) best practices that the 
medical
 cannabis [
dispensary
] 
pharmacy
 upholds; and
(e) educational [
materials
] 
material
 related to the medical use of cannabis.
Section 77. Section 
26-61a-506
, which is renumbered from Section 26-60b-505 is
renumbered and amended to read:
[
26-60b-505
].
 26-61a-506.
Cannabis, cannabis product, or medical
cannabis device transportation.
(1) [
Except for an individual with a valid medical cannabis card, an individual
] 
Only
the following individuals
 may [
not
] transport cannabis 
in a medicinal dosage form
, a cannabis
product 
in a medicinal dosage form
, or a medical cannabis device [
unless the individual is
]
under this chapter
:
(a) a registered 
medical
 cannabis [
production establishment
] 
pharmacy
 agent; [
or
]
(b) a registered [
cannabis dispensary
] 
state central fill
 agent[
.
]
;
(c) a courier for a state central fill shipment described in Section 
26-61a-605
; or
(d) a medical cannabis cardholder who is transporting a medical cannabis treatment
that the cardholder is authorized to transport.
(2) Except for an individual with a valid medical cannabis card[
, an individual
] 
under
this chapter who is
 transporting 
a medical
 cannabis[
, a cannabis product, or a medical cannabis
device
] 
treatment that the cardholder is authorized to transport, an individual described in
Subsection (1)
 shall possess a transportation manifest that:
(a) includes a unique identifier that links the cannabis, cannabis product, or medical
cannabis device to a relevant inventory control system;
(b) includes origin and destination information for [
any
] cannabis, 
a
 cannabis product,
or 
a
 medical cannabis device 
that
 the individual is transporting; and
(c) [
indicates
] 
identifies
 the departure and arrival times and locations of the individual
transporting the cannabis, cannabis product, or medical cannabis device.
(3) 
(a)
 In addition to the requirements in Subsections (1) and (2), the department may
establish[
,
] by rule [
made
]
, in collaboration with the Division of Occupational and Professional
Licensing and the Board of Pharmacy and
 in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, requirements for transporting cannabis 
in a medicinal dosage
form
, a cannabis product 
in a medicinal dosage form
, or a medical cannabis device 
to ensure
that [
are related to safety for human
] 
the
 cannabis [
or
]
,
 cannabis product
, or medical cannabis
device remains safe for human
 consumption.
(b) The transportation described in Subsection (3)(a) is limited to transportation:
(i) between a medical cannabis pharmacy and another medical cannabis pharmacy; and
(ii) between the state central fill medical cannabis pharmacy and:
(A) another state central fill medical cannabis pharmacy location; or
(B) a local health department.
(4) 
(a)
 [
An individual who transports cannabis, a cannabis product, or a medical
cannabis device
] 
It is unlawful for a registered medical cannabis pharmacy agent, a registered
state central fill agent, or a courier described in Section 
26-61a-605
 to make a transport
described in this section
 with a manifest that does not meet the requirements of [
Subsection (2)
is:
] 
this section.
(b) Except as provided in Subsection (4)(d), an agent or courier who violates
Subsection (4)(a) is:
[
(a)
] 
(i)
 guilty of an infraction; and
[
(b)
] 
(ii)
 subject to a $100 fine.
(c) An individual who is guilty of a violation described in Subsection (4)(b) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (4)(b).
(d) If the individual described in Subsection (4)(a) is transporting more cannabis,
cannabis product, or medical cannabis devices than the manifest identifies, except for a de
minimis administrative error:
(i) this chapter does not apply; and
(ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
Substances Act.
Section 78. Section 
26-61a-507
, which is renumbered from Section 26-60b-506 is
renumbered and amended to read:
[
26-60b-506
].
 26-61a-507.
Local control.
[
(1) A municipality or county may not enact a zoning ordinance that prohibits a
cannabis dispensary from operating in a location within the municipality's or county's
jurisdiction on the sole basis that the cannabis dispensary is a cannabis dispensary.
]
(1) (a) (i) Except as provided in Subsection (1)(a)(ii), to be eligible to obtain or
maintain a license under Section 
26-61a-301
, a person shall demonstrate that the intended
medical cannabis pharmacy location is located at least:
(A) 600 feet from a community location's property boundary following the shortest
route of ordinary pedestrian travel;
(B) 200 feet from the patron entrance to the community location's property boundary;
and
(C) 600 feet from an area zoned primarily residential.
(ii) A municipal or county land use authority may recommend in writing that the
department waive the community location proximity requirement described in Subsection
(1)(a)(i).
[
(2)
] 
(b) (i)
 A municipality or county may not deny or revoke a 
land use
 permit [
or
license
] to operate a 
medical
 cannabis [
dispensary
] 
pharmacy
 on the sole basis that the
applicant or 
medical
 cannabis [
dispensary
] 
pharmacy
 violates [
a
] 
federal
 law [
of
] 
regarding
 the
[
United States
] 
legal status
.
(ii) A municipality or county may not deny or revoke a business license to operate a
medical cannabis pharmacy on the sole basis that the applicant or medical cannabis pharmacy
violates federal law regarding the legal status of cannabis.
[
(3)
] 
(2)
 A municipality or county may enact [
ordinances
] 
an ordinance that:
(a) is
 not in conflict with this chapter [
governing
]
; and
(b) governs
 the time, place, [
and
] 
or
 manner of 
medical
 cannabis [
dispensary
]
pharmacy
 operations in the municipality or county.
Section 79. Section 
26-61a-601
 is enacted to read:
Part 6. State Central Fill Medical Cannabis Pharmacy
 26-61a-601.
Department to establish state central fill medical cannabis pharmacy
-- Duties -- Pharmacy medical provider registration -- Continuing education.
(1) On or before July 1, 2020, the department shall establish or contract to establish, in
accordance with Title 63G, Chapter 6a, Utah Procurement Code, a state central fill medical
cannabis pharmacy as described in this section.
(2) The state central fill medical cannabis pharmacy shall:
(a) procure cannabis that a cannabis processing facility processes into a medicinal
dosage form;
(b) prepare cannabis in medicinal dosage form, a cannabis product in medicinal dosage
form, or a medical cannabis device for shipment to a medical cannabis cardholder under a
qualified medical provider's recommendation to address a qualifying condition;
(c) transport a state central fill shipment, in accordance with Section 
26-61a-605
, to the
relevant local health department for distribution, in accordance with Section 
26-61a-607
;
(d) (i) (A) if the state establishes the state central fill medical cannabis pharmacy,
process and accept payment for a transaction involving a state central fill shipment; or
(B) if the state establishes the state central fill medical cannabis pharmacy by contract,
process prepaid requests for a state central fill shipment from the department; and
(ii) deposit funds that the state central fill medical cannabis pharmacy collects under
Subsection (2)(d)(i) into the Qualified Distribution Enterprise Fund created in Section
26-61a-110
.
(3) (a) An individual may not enter a state central fill medical cannabis pharmacy
location unless:
(i) the individual is a state central fill agent or an employee of the state central fill
medical cannabis pharmacy;
(ii) the individual is an employee of the department; or
(iii) a state central fill agent escorts the individual at all times.
(b) An individual who violates Subsection (3)(a) is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(c) An individual who is guilty of a violation described in Subsection (3)(b) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (3)(b).
(4) (a) The state central fill medical cannabis pharmacy:
(i) shall employ at least one pharmacist who is licensed under Title 58, Chapter 17b,
Pharmacy Practice Act, as a state central fill medical provider;
(ii) may employ a physician who has the authority to write a prescription and is
licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, as a state central fill medical provider;
(iii) shall ensure that a state central fill medical provider described in Subsection
(4)(a)(i) works onsite at each location during all business hours;
(iv) shall designate one state central fill medical provider described in Subsection
(4)(a)(i) as the pharmacist-in-charge, as that term is defined in Section 
58-17b-102
, to oversee
the operation of and generally supervise the state central fill medical cannabis pharmacy; and
(v) may establish more than one location in which the state central fill medical
cannabis pharmacy operates if the department determines, after an analysis of the current and
anticipated market for cannabis in a medicinal dosage form and cannabis products in a
medicinal dosage form, including costs and logistical issues in transportation of state central
fill shipments, that multiple central fill locations are necessary to provide an adequate supply of
state central fill shipments to local health departments for distribution to recipient medical
cannabis cardholders.
(b) An individual may not serve as a state central fill medical provider unless the
department registers the individual as a state central fill medical provider.
(5) (a) The department shall, within 15 days after the day on which the department
receives an application from the state central fill medical cannabis pharmacy on behalf of a
prospective state central fill medical provider, register and issue a state central fill medical
provider registration card to the prospective state central fill medical provider if the state
central fill medical cannabis pharmacy provides to the department:
(i) the prospective state central fill medical provider's name and address; and
(ii) evidence that the prospective state central fill medical provider is:
(A) a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
or
(B) a physician who has the authority to write a prescription and is licensed under Title
58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act.
(b) The department may not register a qualified medical provider or a pharmacy
medical provider as a state central fill medical provider.
(6) (a) A state central fill medical provider shall complete the continuing education
described in this Subsection (6) in the following amounts:
(i) as a condition precedent to registration, four hours; and
(ii) as a condition precedent to renewal, four hours every two years.
(b) In accordance with Subsection (6)(a), the state central fill medical provider shall:
(i) complete continuing education:
(A) regarding the topics described in Subsection (6)(d); and
(B) offered by the department under Subsection (6)(c) or an accredited or approved
continuing education provider that the department recognizes as offering continuing education
appropriate for the medical cannabis pharmacy practice; and
(ii) make a continuing education report to the department in accordance with a process
that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
Professional Licensing and:
(A) for a state central fill medical provider who is licensed under Title 58, Chapter 17b,
Pharmacy Practice Act, the Board of Pharmacy;
(B) for a state central fill medical provider licensed under Title 58, Chapter 67, Utah
Medical Practice Act, the Physicians Licensing Board; and
(C) for a state central fill medical provider licensed under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
(c) The department may, in consultation with the Division of Occupational and
Professional Licensing, develop the continuing education described in this Subsection (6).
(d) The continuing education described in this Subsection (6) may discuss:
(i) the provisions of this chapter;
(ii) general information about medical cannabis under federal and state law;
(iii) the latest scientific research on the endocannabinoid system and medical cannabis,
including risks and benefits;
(iv) recommendations for medical cannabis as it relates to the continuing care of a
patient in pain management, risk management, potential addiction, and palliative care; or
(v) best practices for recommending the form and dosage of medical cannabis products
based on the qualifying condition underlying the medical cannabis recommendation.
(7) (a) A state central fill medical provider registration card expires two years after the
day on which the department issues or renews the card.
(b) A state central fill medical provider may renew the provider's registration card if
the provider:
(i) is eligible for a state central fill medical provider registration card under this
section;
(ii) certifies to the department in a renewal application that the information in
Subsection (5) is accurate or updates the information; and
(iii) submits a report detailing the completion of the continuing education requirement
described in Subsection (6).
Section 80. Section 
26-61a-602
 is enacted to read:
 26-61a-602.
State central fill agent -- Background check -- Registration card --
Rebuttable presumption.
(1) An individual may not serve as a state central fill agent unless:
(a) the individual is an employee of the state central fill medical cannabis pharmacy;
and
(b) the department registers the individual as a state central fill agent.
(2) (a) The department shall, within 15 days after the day on which the department
receives a complete application from the state central fill medical cannabis pharmacy on behalf
of a prospective state central fill agent, register and issue a state central fill agent registration
card to the prospective agent if the state central fill medical cannabis pharmacy:
(i) provides to the department:
(A) the prospective agent's name and address;
(B) the submission required under Subsection (2)(b); and
(ii) as reported under Subsection (2)(b), has not been convicted under state or federal
law of:
(A) a felony; or
(B) after the effective date of this bill, a misdemeanor for drug distribution.
(b) Each prospective agent described in Subsection (2)(a) shall:
(i) submit to the department:
(A) a fingerprint card in a form acceptable to the Department of Public Safety; and
(B) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
(ii) consent to a fingerprint background check by:
(A) the Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(c) The Bureau of Criminal Identification shall:
(i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
the applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(ii) report the results of the background check to the department;
(iii) maintain a separate file of fingerprints that prospective agents submit under
Subsection (2)(b) for search by future submissions to the local and regional criminal records
databases, including latent prints;
(iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(v) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(d) The department shall:
(i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(ii) remit the fee described in Subsection (2)(d) to the Bureau of Criminal
Identification.
(3) (a) A state central fill agent shall comply with a certification standard that the
department develops, in collaboration with the Division of Occupational and Professional
Licensing and the Board of Pharmacy, or a third-party certification standard that the department
designates by rule, in collaboration with the Division of Occupational and Professional
Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(b) The department shall ensure that the certification standard described in Subsection
(3)(a) includes continuing education in:
(i) Utah medical cannabis law;
(ii) the state central fill medical cannabis pharmacy shipment process; and
(iii) state central fill agent best practices.
(4) The department may revoke or refuse to issue the state central fill agent registration
card of an individual who:
(a) violates the requirements of this chapter; or
(b) is convicted under state or federal law of:
(i) a felony; or
(ii) after the effective date of this bill, a misdemeanor for drug distribution.
(5) (a) A state central fill agent registration card expires two years after the day on
which the department issues or renews the card.
(b) A state central fill agent may renew the agent's registration card if the agent:
(i) is eligible for a state central fill registration card under this section; and
(ii) certifies to the department in a renewal application that the information in
Subsection (2)(a) is accurate or updates the information.
(6) A state central fill agent who the department registers under this section shall carry
the individual's state central fill agent registration card with the individual at all times when:
(a) the individual is on the premises of the state central fill medical cannabis pharmacy;
and
(b) the individual is transporting cannabis in a medicinal dosage form, a cannabis
product in a medicinal dosage form, or a medical cannabis device between a cannabis
production establishment and the state central fill medical cannabis pharmacy.
(7) If an individual handling cannabis, a cannabis product, or a medical cannabis
device handles the cannabis, cannabis product, or medical cannabis device in compliance with
Subsection (6):
(a) there is a rebuttable presumption that the individual possesses the cannabis,
cannabis product, or medical cannabis device legally; and
(b) there is no probable cause, based solely on the individual's handling of the cannabis
in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis
device, that the individual is engaging in illegal activity.
(8) (a) An individual who violates Subsection (6) is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(b) An individual who is guilty of a violation described in Subsection (8)(a) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (8)(a).
Section 81. Section 
26-61a-603
 is enacted to read:
 26-61a-603.
Recommendation.
(1) When an individual receives a recommendation for a medical cannabis treatment
from the individual's qualified medical provider, the individual may initiate a shipment from
the state central fill medical cannabis pharmacy to a local health department by:
(a) contacting the state central fill medical cannabis pharmacy directly; or
(b) requesting that the qualified medical provider initiate the shipment through the state
electronic verification system.
(2) Upon receiving a request to prepare a shipment under Subsection (1), a state central
fill agent shall:
(a) verify the shipment information using the state electronic verification system;
(b) process payment, including contacting the medical cannabis cardholder to complete
payment if necessary;
(c) prepare the shipment in accordance with Section 
26-61a-604
;
(d) record the preparation of the shipment in the electronic verification system; and
(e) place the shipment for transportation in accordance with Section 
26-61a-605
.
Section 82. Section 
26-61a-604
 is enacted to read:
 26-61a-604.
State central fill shipment preparation.
(1) (a) The state central fill medical cannabis pharmacy may not prepare or ship to a
local health department a product other than:
(i) cannabis in medicinal dosage form that the state central fill medical cannabis
pharmacy acquired from a cannabis processing facility that is licensed under Section
4-41a-201
;
(ii) a cannabis product in medicinal dosage form that the state central fill medical
cannabis pharmacy acquired from a cannabis processing facility that is licensed under Section
4-41a-201
;
(iii) a medical cannabis device; or
(iv) educational material related to the medical use of cannabis.
(b) The state central fill medical cannabis pharmacy may only sell or ship an item listed
in Subsection (1)(a) in response to a request for shipment described in Subsection
26-61a-603
(1).
(c) Notwithstanding Subsection (1)(a), the state central fill medical cannabis pharmacy
may not sell a cannabis-based drug that the United States Food and Drug Administration has
approved.
(2) The state central fill medical cannabis pharmacy may not prepare a shipment:
(a) for a medical cannabis cardholder in any one 12-day period, more than the lesser of:
(i) an amount sufficient to provide 14 days of treatment based on the dosing parameters
that the relevant qualified medical provider recommends; or
(ii) (A) 56 grams by weight of unprocessed cannabis that is in a medicinal dosage form
and that carries a label clearly displaying the amount of tetrahydrocannabinol and cannabidiol
in the cannabis; or
(B) an amount of cannabis products that is in a medicinal dosage form and that
contains, in total, greater than 10 grams of total composite tetrahydrocannabinol;
(b) to a medical cannabis cardholder whose primary residence is located more than 100
miles from the nearest medical cannabis pharmacy or local health department, in any one
28-day period, more than the lesser of:
(i) an amount sufficient to provide 30 days of treatment based on the dosing parameters
that the relevant qualified medical provider recommends; or
(ii) (A) 113 grams by weight of unprocessed cannabis that is in a medicinal dosage
form and that carries a label clearly displaying the amount of tetrahydrocannabinol and
cannabidiol in the cannabis; or
(B) an amount of cannabis products that is in a medicinal dosage form and that
contains, in total, greater than 20 grams of total composite tetrahydrocannabinol; or
(c) for an individual whose qualified medical provider did not recommend dosing
parameters, any cannabis or cannabis product, until the individual consults with the state
central fill medical provider in accordance with Subsection (4).
(3) A medical cannabis cardholder may not receive a state central fill shipment
containing:
(a) more cannabis or cannabis products than the amounts designated in Subsection (2)
in any one 12-day period; or
(b) if the relevant qualified medical provider did not recommend dosing parameters,
any cannabis or cannabis product, until the cardholder consults with the state central fill
medical provider in accordance with Subsection (4).
(4) If a qualified medical provider recommends treatment with medical cannabis or a
cannabis product but does not provide dosing parameters:
(a) the qualified medical provider shall document in the recommendation:
(i) an evaluation of the qualifying condition underlying the recommendation;
(ii) prior treatment attempts with cannabis and cannabis products; and
(iii) the patient's current medication list; and
(b) before the relevant medical cannabis cardholder may receive a state central fill
shipment, the state central fill medical provider shall:
(i) review pertinent medical records, including the qualified medical provider
documentation described in Subsection (4)(a); and
(ii) after completing the review described in Subsection (4)(b)(i) and consulting with
the recommending qualified medical provider as needed, determine the best course of treatment
through consultation with the cardholder regarding:
(A) the patient's qualifying condition underlying the recommendation from the
qualified medical provider;
(B) indications for available treatments;
(C) dosing parameters; and
(D) potential adverse reactions.
(5) The state central fill medical cannabis pharmacy shall:
(a) (i) access the state electronic verification system before preparing a shipment of
cannabis or a cannabis product to determine if the medical cannabis cardholder or, where
applicable, the associated patient has met the maximum amount of cannabis or cannabis
product described in Subsection (2); and
(ii) if the verification in Subsection (5)(a)(i) indicates that the individual has met the
maximum amount described in Subsection (2):
(A) decline the request to prepare the shipment; and
(B) notify the qualified medical provider that made the recommendation;
(b) submit a record to the state electronic verification system each time the state central
fill medical cannabis pharmacy prepares and ships a shipment of cannabis, a cannabis product,
or a medical cannabis device;
(c) package any cannabis or cannabis product that is in a blister pack in a container
that:
(i) complies with Subsection 
4-41a-602
(2);
(ii) is tamper-resistant and tamper-evident; and
(iii) is opaque; and
(d) for any product that is a cube that is designed for ingestion through chewing or
holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
of over-consumption.
(6) (a) Except as provided in Subsection (6)(b), the state central fill medical cannabis
pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device
that is intentionally designed or constructed to resemble a cigarette.
(b) The state central fill medical cannabis pharmacy may sell a medical cannabis
device that warms cannabis material into a vapor without the use of a flame and that delivers
cannabis to an individual's respiratory system.
(7) The state central fill medical cannabis pharmacy may not give, at no cost, a product
that the medical cannabis pharmacy is allowed to sell under Subsection (1).
(8) (a) The state central fill medical cannabis pharmacy shall retain in the pharmacy's
records the following information regarding each recommendation underlying a transaction:
(i) the qualified medical provider's name, address, and telephone number;
(ii) the patient's name and address;
(iii) the date of issuance;
(iv) dosing parameters or an indication that the qualified medical provider did not
recommend specific dosing parameters; and
(v) the name and the address of the medical cannabis cardholder if the cardholder is not
the patient.
(b) The state central fill medical cannabis pharmacy may not sell cannabis or a
cannabis product unless the cannabis or cannabis product has a label securely affixed to the
container indicating the following minimum information:
(i) the name and telephone number of the state central fill medical cannabis pharmacy;
(ii) the unique identification number that the state central fill medical cannabis
pharmacy assigns;
(iii) the date of the sale;
(iv) the name of the medical cannabis cardholder;
(v) the name of the qualified medical provider who recommends the medical cannabis
treatment;
(vi) directions for use and cautionary statements, if any;
(vii) the amount dispensed and the cannabinoid content;
(viii) the beyond use date; and
(ix) any other requirements that the department determines, in consultation with the
Division of Occupational and Professional Licensing and the Board of Pharmacy.
(9) A pharmacy medical provider at the state central fill medical cannabis pharmacy or
a state central fill agent shall:
(a) include in each state central fill shipment written counseling regarding the state
central fill shipment; and
(b) provide a telephone number or website by which a medical cannabis cardholder
may contact a pharmacy medical provider for counseling.
(10) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
by the state central fill medical cannabis pharmacy.
(11) The department may impose a uniform fee on each medical cannabis cardholder
transaction for a state central fill shipment in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
.
Section 83. Section 
26-61a-605
 is enacted to read:
 26-61a-605.
State central fill shipment transportation.
(1) The state central fill medical cannabis pharmacy shall ensure that the state central
fill medical cannabis pharmacy is capable of delivering, in a secure manner, cannabis in
medicinal dosage form, a cannabis product in medicinal dosage form, and a medical cannabis
device to each local health department in the state within two business days after the day on
which the state central fill medical cannabis pharmacy receives a request for a state central fill
shipment resulting from a recommendation of a qualified medical provider under Section
26-61a-603
.
(2) (a) The department may contract with a private entity for the entity to serve as a
courier for the state central fill medical cannabis pharmacy, delivering state central fill
shipments to local health departments for distribution to medical cannabis cardholders.
(b) If the department enters into a contract described in Subsection (2)(a), the
department shall:
(i) issue the contract described in Subsection (2)(a) in accordance with Title 63G,
Chapter 6a, Utah Procurement Code;
(ii) impose security and personnel requirements on the contracted private entity
sufficient to ensure the security and safety of state central fill shipments; and
(iii) provide regular oversight of the contracted private entity.
(3) Except for an individual with a valid medical cannabis card who transports a
shipment the individual receives, an individual may not transport a state central fill shipment
unless the individual is:
(a) a registered state central fill agent; or
(b) an agent of the private courier described in Subsection (2).
(4) An individual transporting a state central fill shipment shall possess a transportation
manifest that:
(a) includes a unique identifier that links the state central fill shipment to a relevant
inventory control system;
(b) includes origin and destination information for a state central fill shipment the
individual is transporting; and
(c) indicates the departure and arrival times and locations of the individual transporting
the state central fill shipment.
(5) In addition to the requirements in Subsections (3) and (4), the department may
establish by rule, in collaboration with the Division of Occupational and Professional Licensing
and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, requirements for transporting state central fill shipments that are related to
safety for human consumption of cannabis or a cannabis product.
(6) (a) It is unlawful for an individual to transport a state central fill shipment with a
manifest that does not meet the requirements of Subsection (4).
(b) Except as provided in Subsection (6)(d), an individual who violates Subsection
(6)(a) is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(c) An individual who is guilty of a violation described in Subsection (6)(b) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (6)(b).
(d) If the individual described in Subsection (6)(a) is transporting more cannabis,
cannabis product, or medical cannabis devices than the manifest identifies, except for a de
minimis administrative error:
(i) this chapter does not apply; and
(ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
Substances Act.
Section 84. Section 
26-61a-606
 is enacted to read:
 26-61a-606.
Local health department distribution agent -- Background check --
Registration card -- Rebuttable presumption.
(1) An individual may not serve as a local health department distribution agent unless:
(a) the individual is an employee of a local health department; and
(b) the department registers the individual as a local health department distribution
agent.
(2) (a) The department shall, within 15 days after the day on which the department
receives a complete application from a local health department on behalf of a prospective local
health department distribution agent, register and issue a local health department distribution
agent registration card to the prospective agent if the local health department:
(i) provides to the department:
(A) the prospective agent's name and address;
(B) the name and location of the local health department where the prospective agent
seeks to act as a local health department distribution agent;
(C) the submission required under Subsection (2)(b); and
(ii) as reported under Subsection (2)(c), has not been convicted under state or federal
law of:
(A) a felony; or
(B) after the effective date of this bill, a misdemeanor for drug distribution.
(b) Each prospective agent described in Subsection (2)(a) shall:
(i) submit to the department:
(A) a fingerprint card in a form acceptable to the Department of Public Safety; and
(B) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
(ii) consent to a fingerprint background check by:
(A) the Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(c) The Bureau of Criminal Identification shall:
(i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
the applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(ii) report the results of the background check to the department;
(iii) maintain a separate file of fingerprints that prospective agents submit under
Subsection (2)(b) for search by future submissions to the local and regional criminal records
databases, including latent prints;
(iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(v) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(d) The department shall:
(i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(ii) remit the fee described in Subsection (2)(d) to the Bureau of Criminal
Identification.
(3) The department shall designate on an individual's local health department
distribution agent registration card the name of the local health department where the
individual is registered as an agent.
(4) (a) A local health department distribution agent shall comply with a certification
standard that the department develops, in collaboration with the Division of Occupational and
Professional Licensing and the Board of Pharmacy, or a third-party certification standard that
the department designates by rule in collaboration with the Division of Occupational and
Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(b) The department shall ensure that the certification standard described in Subsection
(4)(a) includes training in:
(i) Utah medical cannabis law;
(ii) the state central fill medical cannabis pharmacy shipment process; and
(iii) local health department distribution agent best practices.
(5) The department may revoke or refuse to issue or renew the local health department
distribution agent registration card of an individual who:
(a) violates the requirements of this chapter; or
(b) is convicted under state or federal law of:
(i) a felony; or
(ii) after the effective date of this bill, a misdemeanor for drug distribution.
(6) A local health department distribution agent who the department has registered
under this section shall carry the agent's local health department distribution agent registration
card with the agent at all times when:
(a) the agent is on the premises of the local health department; and
(b) the agent is handling a shipment of cannabis or cannabis product from the state
central fill medical cannabis pharmacy.
(7) If a local health department distribution agent handling a shipment of cannabis or
cannabis product from the state central fill medical cannabis pharmacy possesses the shipment
in compliance with Subsection (6):
(a) there is a rebuttable presumption that the agent possesses the shipment legally; and
(b) there is no probable cause, based solely on the agent's possession of the shipment
containing medical cannabis in medicinal dosage form, a cannabis product in medicinal dosage
form, or a medical cannabis device, that the agent is engaging in illegal activity.
(8) (a) A local health department distribution agent who violates Subsection (6) is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(b) An individual who is guilty of a violation described in Subsection (8)(a) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (8)(a).
Section 85. Section 
26-61a-607
 is enacted to read:
 26-61a-607.
Local health department distribution.
(1) Each local health department shall designate:
(a) one or more of the local health department's locations as a state central fill shipment
distribution location; and
(b) a sufficient number of personnel to ensure that at least one individual is available at
all times during business hours:
(i) whom the department has registered as a local health department distribution agent;
and
(ii) to distribute state central fill shipments to medical cannabis cardholders in
accordance with this section.
(2) An individual may not retrieve a shipment from the state central fill medical
cannabis pharmacy at a local health department unless the individual presents:
(a) a form of identification that is a valid United States federal- or state-issued photo
identification, including a driver license, a United States passport, a United States passport
card, or a United States military identification card; and
(b) a valid medical cannabis card under the same name that appears on the
identification described in Subsection (2)(a).
(3) Before a local health department distribution agent distributes a state central fill
shipment to a medical cannabis cardholder, the local health department distribution agent shall:
(a) verify the shipment information using the state electronic verification system;
(b) ensure that the individual satisfies the identification requirements in Subsection (2);
(c) verify that payment is complete; and
(d) record the completion of the shipment transaction in the electronic verification
system.
(4) The local health department shall:
(a) (i) store each state central fill shipment that the local health department receives,
until the recipient medical cannabis cardholder retrieves the shipment or the local health
department returns the shipment to the state central fill medical cannabis pharmacy in
accordance with Subsection (5), in a single, secure, locked area that is equipped with a security
system that detects and records entry into the area; and
(ii) ensure that only a local health department distribution agent is able to access the
area;
(b) return any unclaimed state central fill shipment to the state central fill medical
cannabis pharmacy, in accordance with Subsection (5)(a), after the local health department has
possessed the state central fill shipment for 10 business days; and
(c) return any state central fill shipment to the state central fill medical cannabis
pharmacy, in accordance with Subsection (5)(b), if a medical cannabis cardholder returns the
shipment to the local health department after retrieving the shipment.
(5) (a) If a local health department returns an unclaimed state central fill shipment
under Subsection (4)(b), the state central fill medical cannabis pharmacy may repackage or
otherwise reuse the shipment for another state central fill shipment.
(b) If a local health department returns a returned state central fill shipment under
Subsection (4)(c), the state central fill medical cannabis pharmacy shall dispose of the returned
shipment by:
(i) rendering the state central fill shipment unusable and unrecognizable before
transporting the shipment from the state central fill medical cannabis pharmacy; and
(ii) disposing of the state central fill shipment in accordance with:
(A) federal and state laws, rules, and regulations related to hazardous waste;
(B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
(C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
(D) other regulations that the department makes in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
Section 86. Section 
26-61a-608
 is enacted to read:
 26-61a-608.
Department to set state central fill medical cannabis pharmacy prices.
(1) The department shall set a price schedule for cannabis in a medicinal dosage form
that the state central fill medical cannabis pharmacy sells to medical cannabis cardholders
through distribution to local health departments.
(2) The department shall ensure that the price schedule described in Subsection (1):
(a) through an annual review, takes into consideration:
(i) the demand for medical cannabis and cannabis products dispensed through the state
central fill medical cannabis pharmacy and the local health departments;
(ii) the labor required to cultivate and process cannabis into a medicinal dosage form;
(iii) the regulatory burden involved in the creation of the product; and
(iv) any other consideration the department considers necessary; and
(b) after at least three medical cannabis pharmacies that the department licenses under
Section 
26-61a-301
 are operational, contains pricing for a specific product that is within 10%
of the average price for the product among the operational medical cannabis pharmacies.
(3) The department shall ensure that the price schedule that the department sets under
Subsection (1) includes a set fee that the department deposits into the Qualified Distribution
Enterprise Fund to cover the cost of:
(a) the state central fill medical cannabis pharmacy; and
(b) the courier described in Section 
26-61a-605
, if any.
Section 87. Section 
26-61a-609
 is enacted to read:
 26-61a-609.
Partial filling.
(1) As used in this section, "partially fill" means to provide less than the full amount of
cannabis or cannabis product that the qualified medical provider recommends, if the qualified
medical provider recommended specific dosing parameters.
(2) The state central fill medical cannabis pharmacy may partially fill a
recommendation for a medical cannabis treatment at the request of the qualified medical
provider who issued the medical cannabis treatment recommendation or the medical cannabis
cardholder.
(3) The department shall make rules in collaboration with the Division of Occupational
and Professional Licensing and the Board of Pharmacy and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, specifying how to record the date, quantity
supplied, and quantity remaining of a partially filled medical cannabis treatment
recommendation.
(4) A state central fill medical provider who is a pharmacist may, upon the request of a
medical cannabis cardholder, determine different dosing parameters, subject to the dosing
limits in Subsection 
26-61a-604
(2), to fill the quantity remaining of a partially filled medical
cannabis treatment recommendation if:
(a) the state central fill medical provider determined dosing parameters for the partial
fill under Subsection 
26-61a-604
(4); and
(b) the medical cannabis cardholder reports that:
(i) the partial fill did not substantially affect the qualifying condition underlying the
medical cannabis recommendation; or
(ii) the patient experienced an adverse reaction to the partial fill or was otherwise
unable to successfully use the partial fill.
Section 88. Section 
26-61a-610
 is enacted to read:
 26-61a-610.
Records -- Inspections.
(1) The state central fill medical cannabis pharmacy shall maintain the pharmacy's
medical cannabis treatment recommendation files and other records in accordance with this
chapter, department rules, and the federal Health Insurance Portability and Accountability Act
of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended.
(2) The department may inspect the records and facility of the state central fill medical
cannabis pharmacy or a local health department at any time during business hours in order to
determine compliance with this chapter.
(3) An inspection under this section may include:
(a) inspection of a site, facility, vehicle, book, record, paper, document, data, and other
physical or electronic information;
(b) questioning of any relevant individual; or
(c) inspection of equipment, an instrument, a tool, or machinery, including a container
or label.
(4) In making an inspection under this section, the department may freely access any
area and review and make copies of a book, record, paper, document, data, or other physical or
electronic information, including financial data, sales data, shipping data, pricing data, and
employee data.
(5) Failure to provide the department or the department's authorized agents immediate
access during business hours in accordance with this section may result in:
(a) the imposition of a civil monetary penalty that the department sets in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) license or registration suspension or revocation; or
(c) an immediate cessation of operations under a cease and desist order that the
department issues.
Section 89. Section 
26-61a-611
 is enacted to read:
 26-61a-611.
Advertising.
(1) Except as provided in Subsection (2), the state central fill medical cannabis
pharmacy may not advertise in any medium.
(2) The state central fill medical cannabis pharmacy may maintain a website that
includes information about:
(a) the contact information for the state central fill medical cannabis pharmacy;
(b) a product or service available through shipment from the state central fill medical
cannabis pharmacy;
(c) a description of the state central fill medical cannabis pharmacy shipment process;
(d) information about retrieving a state central fill shipment at a local health
department; or
(e) educational material related to the medical use of cannabis.
Section 90. Section 
26-61a-701
 is enacted to read:
Part 7. Enforcement
 26-61a-701.
Enforcement -- Misdemeanor.
(1) Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments,
and Sections 
26-61a-502
, 
26-61a-605
, and 
26-61a-607
, it is unlawful for a medical cannabis
cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a
medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis
device, or any cannabis residue remaining in or from a medical cannabis device.
(2) (a) Except as provided in Subsection (2)(b), a medical cannabis cardholder who
violates Subsection (1) is:
(i) guilty of a class B misdemeanor; and
(ii) subject to a $1,000 fine.
(b) An individual is not guilty under Subsection (2)(a) if the individual:
(i) (A) is a designated caregiver; and
(B) gives the product described in Subsection (1) to the medical cannabis cardholder
who designated the individual as a designated caregiver; or
(ii) (A) is a medical cannabis guardian cardholder; and
(B) gives the product described in Subsection (1) to the relevant provisional patient
cardholder.
(c) An individual who is guilty of a violation described in Subsection (2)(a) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (2)(a).
Section 91. Section 
26-61a-702
, which is renumbered from Section 26-60b-601 is
renumbered and amended to read:
[
26-60b-601
].
 26-61a-702.
Enforcement -- Fine -- Citation.
(1) 
(a)
 The department may, for a 
medical cannabis pharmacy's
 violation of this chapter
[
by a person who is a cannabis dispensary or cannabis dispensary agent
]:
[
(a)
] 
(i)
 revoke the [
person's license or
] 
medical
 cannabis [
dispensary agent registration
card
] 
pharmacy license
;
[
(b)
] 
(ii)
 refuse to renew the [
person's license or
] 
medical
 cannabis [
dispensary agent
registration card
] 
pharmacy license
; or
[
(c)
] 
(iii)
 assess the [
person
] 
medical cannabis pharmacy
 an administrative penalty.
(b) The department may, for a medical cannabis pharmacy agent's or state central fill
agent's violation of this chapter:
(i) revoke the medical cannabis pharmacy agent or state central fill agent registration
card;
(ii) refuse to renew the medical cannabis pharmacy agent or state central fill agent
registration card; or
(iii) assess the medical cannabis pharmacy agent or state central fill agent an
administrative penalty.
(2) The department shall deposit an administrative penalty imposed under this section
[
in
] 
into
 the [
general fund
] 
General Fund
.
(3) [
The department may, for
] 
For
 a person subject to an uncontested citation, a
stipulated settlement, or a finding of a violation in an adjudicative proceeding under this
section
, the department may
:
(a) 
for a fine amount not already specified in law,
 assess the person a fine[
, established
in accordance with Section 
63J-1-504
,
] of up to $5,000 per violation, in accordance with a fine
schedule [
established
] 
that the department establishes
 by rule [
made
] in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; or
(b) order the person to cease and desist from the action that creates a violation.
(4) The department may not revoke a 
medical
 cannabis [
dispensary's
] 
pharmacy's
license without first directing the 
medical
 cannabis [
dispensary
] 
pharmacy
 to appear before an
adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(5) If, within 20 calendar days after the day on which the department issues a citation
for a violation of this chapter, the person that is the subject of the citation fails to request a
hearing to contest the citation, the citation becomes the department's final order.
(6) The department may, for a person who fails to comply with a citation under this
section:
(a) refuse to issue or renew the person's license [
or cannabis dispensary
] agent
registration card; or
(b) suspend, revoke, or place on probation the person's license or [
cannabis dispensary
]
agent registration card.
(7) 
(a)
 [
If the department makes a final determination under this section that
] 
Except
where a criminal penalty is expressly provided for a specific violation of this chapter, if
 an
individual [
violated
] 
violates
 a provision of this chapter, the individual is
:
(i)
 guilty of an infraction[
.
]
; and
(ii) subject to a $100 fine.
(b) An individual who is guilty of a violation described in Subsection (7)(a) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (7)(a).
Section 92. Section 
26-61a-703
, which is renumbered from Section 26-60b-602 is
renumbered and amended to read:
[
26-60b-602
].
 26-61a-703.
Report.
(1) [
The
] 
By the November interim meeting each year, the
 department shall report
[
annually
] to the Health and Human Services Interim Committee on
:
(a)
 the number of applications and renewal applications filed for medical cannabis
cards[
,
]
;
(b)
 the number of qualifying patients and designated caregivers[
,
]
;
(c)
 the nature of the debilitating medical conditions of the qualifying patients[
,
]
;
(d)
 the age and county of residence of cardholders[
,
]
;
(e)
 the number of medical cannabis cards revoked[
,
]
;
(f)
 the number of practitioners providing recommendations for qualifying patients[
,
]
;
(g)
 the number of license applications and renewal license applications received[
,
]
;
(h)
 the number of licenses 
the department has
 issued in each county[
,
]
;
(i)
 the number of licenses 
the department has
 revoked[
, and
]
;
(j) the quantity and timeliness of state central fill shipments, including the amount of
time between recommendation to the state central fill medical cannabis pharmacy and arrival of
a state central fill shipment at a local health department;
(k) the market share of state central fill shipments;
(l)
 the expenses incurred and revenues generated from the medical cannabis
program[
.
]
;
(m) the expenses incurred and revenues generated from the state central fill medical
cannabis pharmacy, including a profit and loss statement; and
(n) an analysis of product availability, including the price differential between
comparable products, in medical cannabis pharmacies and the state central fill medical
cannabis pharmacy.
(2) The department may not include personally identifying information in the report
described in this section
.
Section 93. Section 
26-65-102 (Effective 07/01/19)
 is amended to read:
26-65-102 (Effective 07/01/19).
Definitions.
(1) "Agent" means an employee or independent contractor of an entity.
[
(2) "Cannabidiol laboratory" means the same as that term is defined in Section
4-43-102
.
]
[
(3)
] 
(2)
 "Cannabidiol product" means [
the same as that term is defined in Section
4-41-102
.
] 
a chemical compound extracted from cannabis that:
(a) is processed into a medicinal dosage form; and
(b) contains less than 0.3% tetrahydrocannabinol by dry weight.
(3) "Cannabis" means marijuana, as that term is defined in Section 
58-37-2
.
[
(4) "Cannabidiol-qualified pharmacy" means the same as that term is defined in
Section 
4-43-102
.
]
[
(5) "Cannabinoid Product Restricted Account" means the account created in Section
4-43-801
.
]
[
(6)
] 
(4)
 "Medicinal dosage form" means a qualifying dosage form for a cannabidiol
product under Section 
26-65-103
.
[
(7)
] 
(5)
 "Physician" means an individual who is licensed to practice:
(a) medicine, under Title 58, Chapter 67, Utah Medical Practice Act; or
(b) osteopathic medicine, under Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act.
Section 94. Section 
26-65-103 (Effective 07/01/19)
 is amended to read:
26-65-103 (Effective 07/01/19).
Medicinal dosage form.
(1) For the purpose of this chapter, any of the following is a qualifying medicinal
dosage form for a cannabidiol product:
(a) a tablet;
(b) a capsule;
(c) a concentrated oil;
(d) a liquid suspension;
(e) a transdermal preparation; and
(f) a sublingual preparation.
(2) A patient may not purchase, use, or possess a cannabidiol product unless the
cannabidiol product is prepared in a medicinal dosage form.
(3) A [
cannabidiol-qualified
] pharmacy may not purchase, possess, or sell a
cannabidiol product unless the cannabidiol product is prepared in a medicinal dosage form.
(4) The department may recommend that the Legislature approve the use of an
additional medicinal dosage form.
Section 95. Section 
30-3-10
 is amended to read:
30-3-10.
Custody of children in case of separation or divorce -- Custody
consideration.
(1) If a [
husband and wife
] 
married couple
 having 
one or more
 minor children are
separated, or their marriage is declared void or dissolved, the court shall make an order for the
future care and custody of the minor children as it considers appropriate.
(a) In determining any form of custody, including a change in custody, the court shall
consider the best interests of the child without preference for either [
the mother or father
]
parent
 solely because of the biological sex of the parent and, among other factors the court
finds relevant, the following:
(i) 
in accordance with Subsection (7),
 the past conduct and demonstrated moral
standards of each of the parties;
(ii) which parent is most likely to act in the best interest of the child, including
allowing the child frequent and continuing contact with the noncustodial parent;
(iii) the extent of bonding between the parent and child, meaning the depth, quality,
and nature of the relationship between a parent and child;
(iv) whether the parent has intentionally exposed the child to pornography or material
harmful to a minor, as defined in Section 
76-10-1201
; and
(v) those factors outlined in Section 
30-3-10.2
.
(b) There [
shall be
] 
is
 a rebuttable presumption that joint legal custody, as defined in
Section 
30-3-10.1
, is in the best interest of the child, except in cases where there is:
(i) domestic violence in the home or in the presence of the child;
(ii) special physical or mental needs of a parent or child, making joint legal custody
unreasonable;
(iii) physical distance between the residences of the parents, making joint decision
making impractical in certain circumstances; or
(iv) any other factor the court considers relevant including those listed in this section
and Section 
30-3-10.2
.
(c) 
(i)
 The person who desires joint legal custody shall file a proposed parenting plan in
accordance with Sections 
30-3-10.8
 and 
30-3-10.9
.
(ii)
 A presumption for joint legal custody may be rebutted by a showing by a
preponderance of the evidence that it is not in the best interest of the child.
(d) [
The children
] 
A child
 may not be required by either party to testify unless the trier
of fact determines that extenuating circumstances exist that would necessitate the testimony of
the [
children
] 
child
 be heard and there is no other reasonable method to present [
their
] 
the
child's
 testimony.
(e) 
(i)
 The court may inquire of [
the children
] 
the child's
 and take into consideration the
[
children's
] 
the child's
 desires regarding future custody or parent-time schedules, but the
expressed desires are not controlling and the court may determine the children's custody or
parent-time otherwise.
(ii)
 The desires of a child 14 years of age or older shall be given added weight, but is
not the single controlling factor.
(f) 
(i)
 If [
interviews
] 
an interview
 with [
the children are
] 
a child is
 conducted by the
court pursuant to Subsection (1)(e), [
they
] 
the interview
 shall be conducted by the judge in
camera.
(ii)
 The prior consent of the parties may be obtained but is not necessary if the court
finds that an interview with [
the children
] 
a child
 is the only method to ascertain the child's
desires regarding custody.
(2) In awarding custody, the court shall consider, among other factors the court finds
relevant, which parent is most likely to act in the best interests of the child, including allowing
the child frequent and continuing contact with the noncustodial parent as the court finds
appropriate.
(3) If the court finds that one parent does not desire custody of the child, the court shall
take that evidence into consideration in determining whether to award custody to the other
parent.
(4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
parent due to a disability, as defined in Section 
57-21-2
, in awarding custody or determining
whether a substantial change has occurred for the purpose of modifying an award of custody.
(b) [
If a
] 
The
 court [
takes a parent's
] 
may not consider the
 disability [
into account
] 
of a
parent as a factor
 in awarding custody or [
determining whether
] 
modifying an award of custody
based on a determination of
 a substantial change [
has occurred for the purpose of modifying an
award of custody, the parent with a disability may rebut any evidence, presumption, or
inference arising from the disability by showing
] 
in circumstances, unless the court makes
specific findings
 that:
(i) the disability [
does not
] significantly or substantially [
inhibit
] 
inhibits
 the parent's
ability to provide for the physical and emotional needs of the child at issue; and
(ii) the parent with a disability [
has
] 
lacks
 sufficient human, monetary, or other
resources available to supplement the parent's ability to provide for the physical and emotional
needs of the child at issue.
(c) Nothing in this section may be construed to apply to adoption proceedings under
Title 78B, Chapter 6, Part 1, Utah Adoption Act.
(5) This section establishes neither a preference nor a presumption for or against joint
physical custody or sole physical custody, but allows the court and the family the widest
discretion to choose a parenting plan that is in the best interest of the child.
(6) When an issue before the court involves custodial responsibility in the event of a
deployment of one or both parents who are servicemembers, and the servicemember has not yet
been notified of deployment, the court shall resolve the issue based on the standards in Sections
78B-20-306
 through 
78B-20-309
.
[
(6)
] 
(7)
 In considering the past conduct and demonstrated moral standards of each [
of
the parties as described
] 
party
 under Subsection (1)(a)(i)[
,
] 
or any other factor
 a court 
finds
relevant, the court
 may not discriminate against a parent because of 
or otherwise consider
 the
parent's
:
(a) lawful
 possession or [
consumption
] 
use
 of cannabis 
in a medicinal dosage form
, a
cannabis product 
in a medicinal dosage form
, or a medical cannabis device, in accordance with
Title 26, Chapter [
60b
] 
61a
, 
Utah
 Medical Cannabis Act, 
except as it relates to that parent's
ability to care for a child;
 or [
because of
]
(b)
 [
the parent's
] status as a
:
(i)
 cannabis production establishment agent
, as that term is defined in Section
4-41a-102;
(ii) medical cannabis pharmacy agent, as that term is defined in Section 
26-61a-102
;
(iii) state central fill agent, as that term is defined in Section 
26-61a-102
; or
(iv) medical cannabis cardholder
 in accordance with [
Title 4, Chapter 41b, a cannabis
dispensary agent in accordance with Title 26, Chapter 60b, or a medical cannabis card holder in
accordance with
] Title 26, Chapter [
60b
] 
61a, Utah Medical Cannabis Act
.
Section 96. Section 
34A-2-418
 is amended to read:
34A-2-418.
Awards -- Medical, nursing, hospital, and burial expenses -- Artificial
means and appliances.
(1) In addition to the compensation provided in this chapter or Chapter 3, Utah
Occupational Disease Act, and subject to Subsection 
34A-2-407
(11), the employer or the
insurance carrier shall pay reasonable sums for medical, nurse, and hospital services, for
medicines, and for artificial means, appliances, and prostheses necessary to treat the injured
employee.
(2) The employer and the insurance carrier are not required to pay or reimburse for
cannabis, a cannabis product, or a medical cannabis device, as those terms are defined in
Section 
26-61a-102
.
[
(2)
] 
(3)
 If death results from the injury, the employer or the insurance carrier shall pay
the burial expenses in ordinary cases as established by rule.
[
(3)
] 
(4)
 If a compensable accident results in the breaking of or loss of an employee's
artificial means or appliance including eyeglasses, the employer or insurance carrier shall
provide a replacement of the artificial means or appliance.
[
(4)
] 
(5)
 An administrative law judge may require the employer or insurance carrier to
maintain the artificial means or appliances or provide the employee with a replacement of any
artificial means or appliance for the reason of breakage, wear and tear, deterioration, or
obsolescence.
[
(5)
] 
(6)
 An administrative law judge may, in unusual cases, order, as the
administrative law judge considers just and proper, the payment of additional sums:
(a) for burial expenses; or
(b) to provide for artificial means or appliances.
Section 97. Section 
41-6a-517 (Superseded 07/01/19)
 is amended to read:
41-6a-517 (Superseded 07/01/19).
Definitions -- Driving with any measurable
controlled substance in the body -- Penalties -- Arrest without warrant.
(1) As used in this section:
(a) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(b) "Practitioner" means the same as that term is defined in Section 
58-37-2
.
(c) "Prescribe" means the same as that term is defined in Section 
58-37-2
.
(d) "Prescription" means the same as that term is defined in Section 
58-37-2
.
(2) In cases not amounting to a violation of Section 
41-6a-502
, a person may not
operate or be in actual physical control of a motor vehicle within this state if the person has any
measurable controlled substance or metabolite of a controlled substance in the person's body.
(3) It is an affirmative defense to prosecution under this section that the controlled
substance was:
(a) involuntarily ingested by the accused;
(b) prescribed by a practitioner for use by the accused; [
or
]
(c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
Cannabis Act; or
[
(c)
] 
(d)
 otherwise legally ingested.
(4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
misdemeanor.
(b) A person who violates this section is subject to conviction and sentencing under
both this section and any applicable offense under Section 
58-37-8
.
(5) A peace officer may, without a warrant, arrest a person for a violation of this
section when the officer has probable cause to believe the violation has occurred, although not
in the officer's presence, and if the officer has probable cause to believe that the violation was
committed by the person.
(6) The Driver License Division shall, if the person is 21 years of age or older on the
date of arrest:
(a) suspend, for a period of 120 days, the driver license of a person convicted under
Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, for a period of two years, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(7) The Driver License Division shall, if the person is 19 years of age or older but
under 21 years of age on the date of arrest:
(a) suspend, until the person is 21 years of age or for a period of one year, whichever is
longer, the driver license of a person convicted under Subsection (2) of an offense committed
on or after July 1, 2011; or
(b) revoke, until the person is 21 years of age or for a period of two years, whichever is
longer, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(8) The Driver License Division shall, if the person is under 19 years of age on the date
of arrest:
(a) suspend, until the person is 21 years of age, the driver license of a person convicted
under Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, until the person is 21 years of age, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(9) The Driver License Division shall subtract from any suspension or revocation
period the number of days for which a license was previously suspended under Section
53-3-223
 or 
53-3-231
, if the previous suspension was based on the same occurrence upon
which the record of conviction is based.
(10) The Driver License Division shall:
(a) deny, suspend, or revoke a person's license for the denial and suspension periods in
effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
committed prior to July 1, 2009; or
(b) deny, suspend, or revoke the operator's license of a person for the denial,
suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
(i) the person was 20 years of age or older but under 21 years of age at the time of
arrest; and
(ii) the conviction under Subsection (2) is for an offense that was committed on or after
July 1, 2009, and prior to July 1, 2011.
(11) A court that reported a conviction of a violation of this section for a violation that
occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
if the person:
(a) completes at least six months of the license suspension;
(b) completes a screening;
(c) completes an assessment, if it is found appropriate by a screening under Subsection
(11)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection (11)(c);
(e) completes an educational series if substance abuse treatment is not required by the
assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
(f) has not been convicted of a violation of any motor vehicle law in which the person
was involved as the operator of the vehicle during the suspension period imposed under
Subsection (7)(a) or (8)(a);
(g) has complied with all the terms of the person's probation or all orders of the court if
not ordered to probation; and
(h) (i) is 18 years of age or older and provides a sworn statement to the court that the
person has not consumed a controlled substance not prescribed by a practitioner for use by the
person or unlawfully consumed alcohol during the suspension period imposed under
Subsection (7)(a) or (8)(a); or
(ii) is under 18 years of age and has the person's parent or legal guardian provide an
affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
knowledge the person has not consumed a controlled substance not prescribed by a practitioner
for use by the person or unlawfully consumed alcohol during the suspension period imposed
under Subsection (7)(a) or (8)(a).
(12) If the court shortens a person's license suspension period in accordance with the
requirements of Subsection (11), the court shall forward the order shortening the person's
license suspension period prior to the completion of the suspension period imposed under
Subsection (7)(a) or (8)(a) to the Driver License Division.
(13) (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered screening and assessment, educational series, and
substance abuse treatment; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification, the division shall suspend the person's driving
privilege in accordance with Subsections 
53-3-221
(2) and (3).
(14) The court:
(a) shall order supervised probation in accordance with Section 
41-6a-507
 for a person
convicted under Subsection (2); and
(b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
program as defined in Section 
41-6a-515.5
 if the person is 21 years of age or older.
(15) (a) A court that reported a conviction of a violation of this section to the Driver
License Division may shorten the suspension period imposed under Subsection (6) before
completion of the suspension period if the person is participating in or has successfully
completed a 24-7 sobriety program as defined in Section 
41-6a-515.5
.
(b) If the court shortens a person's license suspension period in accordance with the
requirements of this Subsection (15), the court shall forward to the Driver License Division the
order shortening the person's suspension period.
(c) The court shall notify the Driver License Division if a person fails to complete all
requirements of a 24-7 sobriety program.
(d) Upon receiving the notification described in Subsection (15)(c), the division shall
suspend the person's driving privilege in accordance with Subsections 
53-3-221
(2) and (3).
Section 98. Section 
41-6a-517 (Effective 07/01/19)
 is amended to read:
41-6a-517 (Effective 07/01/19).
Definitions -- Driving with any measurable
controlled substance in the body -- Penalties -- Arrest without warrant.
(1) As used in this section:
(a) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(b) "Practitioner" means the same as that term is defined in Section 
58-37-2
.
(c) "Prescribe" means the same as that term is defined in Section 
58-37-2
.
(d) "Prescription" means the same as that term is defined in Section 
58-37-2
.
(2) In cases not amounting to a violation of Section 
41-6a-502
, a person may not
operate or be in actual physical control of a motor vehicle within this state if the person has any
measurable controlled substance or metabolite of a controlled substance in the person's body.
(3) It is an affirmative defense to prosecution under this section that the controlled
substance was:
(a) involuntarily ingested by the accused;
(b) prescribed by a practitioner for use by the accused [
or recommended by a physician
for use by the accused; or
]
;
(c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
form that the accused ingested in accordance with Title 26, Chapter 61a, Utah Medical
Cannabis Act; or
[
(c)
] 
(d)
 otherwise legally ingested.
(4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
misdemeanor.
(b) A person who violates this section is subject to conviction and sentencing under
both this section and any applicable offense under Section 
58-37-8
.
(5) A peace officer may, without a warrant, arrest a person for a violation of this
section when the officer has probable cause to believe the violation has occurred, although not
in the officer's presence, and if the officer has probable cause to believe that the violation was
committed by the person.
(6) The Driver License Division shall, if the person is 21 years of age or older on the
date of arrest:
(a) suspend, for a period of 120 days, the driver license of a person convicted under
Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, for a period of two years, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(7) The Driver License Division shall, if the person is 19 years of age or older but
under 21 years of age on the date of arrest:
(a) suspend, until the person is 21 years of age or for a period of one year, whichever is
longer, the driver license of a person convicted under Subsection (2) of an offense committed
on or after July 1, 2011; or
(b) revoke, until the person is 21 years of age or for a period of two years, whichever is
longer, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(8) The Driver License Division shall, if the person is under 19 years of age on the date
of arrest:
(a) suspend, until the person is 21 years of age, the driver license of a person convicted
under Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, until the person is 21 years of age, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(9) The Driver License Division shall subtract from any suspension or revocation
period the number of days for which a license was previously suspended under Section
53-3-223
 or 
53-3-231
, if the previous suspension was based on the same occurrence upon
which the record of conviction is based.
(10) The Driver License Division shall:
(a) deny, suspend, or revoke a person's license for the denial and suspension periods in
effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
committed prior to July 1, 2009; or
(b) deny, suspend, or revoke the operator's license of a person for the denial,
suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
(i) the person was 20 years of age or older but under 21 years of age at the time of
arrest; and
(ii) the conviction under Subsection (2) is for an offense that was committed on or after
July 1, 2009, and prior to July 1, 2011.
(11) A court that reported a conviction of a violation of this section for a violation that
occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
if the person:
(a) completes at least six months of the license suspension;
(b) completes a screening;
(c) completes an assessment, if it is found appropriate by a screening under Subsection
(11)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection (11)(c);
(e) completes an educational series if substance abuse treatment is not required by the
assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
(f) has not been convicted of a violation of any motor vehicle law in which the person
was involved as the operator of the vehicle during the suspension period imposed under
Subsection (7)(a) or (8)(a);
(g) has complied with all the terms of the person's probation or all orders of the court if
not ordered to probation; and
(h) (i) is 18 years of age or older and provides a sworn statement to the court that the
person has not consumed a controlled substance not prescribed by a practitioner for use by the
person or unlawfully consumed alcohol during the suspension period imposed under
Subsection (7)(a) or (8)(a); or
(ii) is under 18 years of age and has the person's parent or legal guardian provide an
affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
knowledge the person has not consumed a controlled substance not prescribed by a practitioner
for use by the person or unlawfully consumed alcohol during the suspension period imposed
under Subsection (7)(a) or (8)(a).
(12) If the court shortens a person's license suspension period in accordance with the
requirements of Subsection (11), the court shall forward the order shortening the person's
license suspension period prior to the completion of the suspension period imposed under
Subsection (7)(a) or (8)(a) to the Driver License Division.
(13) (a) The court shall notify the Driver License Division if a person fails to:
(i) complete all court ordered screening and assessment, educational series, and
substance abuse treatment; or
(ii) pay all fines and fees, including fees for restitution and treatment costs.
(b) Upon receiving the notification, the division shall suspend the person's driving
privilege in accordance with Subsections 
53-3-221
(2) and (3).
(14) The court:
(a) shall order supervised probation in accordance with Section 
41-6a-507
 for a person
convicted under Subsection (2); and
(b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
program as defined in Section 
41-6a-515.5
 if the person is 21 years of age or older.
(15) (a) A court that reported a conviction of a violation of this section to the Driver
License Division may shorten the suspension period imposed under Subsection (6) before
completion of the suspension period if the person is participating in or has successfully
completed a 24-7 sobriety program as defined in Section 
41-6a-515.5
.
(b) If the court shortens a person's license suspension period in accordance with the
requirements of this Subsection (15), the court shall forward to the Driver License Division the
order shortening the person's suspension period.
(c) The court shall notify the Driver License Division if a person fails to complete all
requirements of a 24-7 sobriety program.
(d) Upon receiving the notification described in Subsection (15)(c), the division shall
suspend the person's driving privilege in accordance with Subsections 
53-3-221
(2) and (3).
Section 99. Section 
49-11-1401
 is amended to read:
49-11-1401.
Forfeiture of retirement benefits for employees for employment
related offense convictions -- Notifications -- Investigations -- Appeals.
(1) As used in this section:
(a) "Convicted" means a conviction by plea or by verdict, including a plea of guilty or a
plea of no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance
with the plea in abeyance agreement.
(b) "Employee" means a member of a system or plan administered by the board.
(c) 
(i)
 "Employment related offense" means a felony committed during employment or
the term of an elected or appointed office with a participating employer that is:
[
(i)
] 
(A)
 during the performance of the employee's duties;
[
(ii)
] 
(B)
 within the scope of the employee's employment; or
[
(iii)
] 
(C)
 under color of the employee's authority.
(ii) "Employment related offense" does not include any federal offense for conduct that
is lawful under Title 26, Chapter 61a, Utah Medical Cannabis Act.
(2) (a) Notwithstanding any other provision of this title, an employee shall forfeit
accrual of service credit, employer retirement related contributions, including employer
contributions to the employer sponsored defined contribution plans, or other retirement related
benefits from a system or plan under this title in accordance with this section.
(b) The forfeiture of retirement related benefits under Subsection (2)(a) does not
include the employee's contribution to a defined contribution plan.
(3) An employee shall forfeit the benefits described under Subsection (2)(a):
(a) if the employee is convicted of an employment related offense;
(b) beginning on the day on which the employment related offense occurred; and
(c) until the employee is either:
(i) re-elected or reappointed to office; or
(ii) (A) terminated from the position for which the employee was found to have
committed an employment related offense; and
(B) rehired or hired as an employee who is eligible to be a member of a Utah state
retirement system or plan.
(4) The employee's participating employer shall:
(a) immediately notify the office:
(i) if an employee is charged with an offense that is or may be an employment related
offense under this section; and
(ii) if the employee described in Subsection (4)(a)(i) is acquitted of the offense that is
or may be an employment related offense under this section; and
(b) if the employee is convicted of an offense that may be an employment related
offense:
(i) conduct an investigation, which may rely on the conviction, to determine:
(A) whether the conviction is for an employment related offense; and
(B) the date on which the employment related offense was initially committed; and
(ii) after the period of time for an appeal by an employee under Subsection (5),
immediately notify the office of the employer's determination under this Subsection (4)(b).
(5) An employee may appeal the employee's participating employer's determination
under Subsection (4)(b) in accordance with Title 63G, Chapter 4, Administrative Procedures
Act.
(6) (a) Notwithstanding Subsection (4), a district attorney, a county attorney, the
attorney general's office, or the state auditor may notify the office and the employee's
participating employer if an employee is charged with an offense that is or may be an
employment related offense under this section.
(b) If the employee's participating employer receives a notification under Subsection
(6)(a), the participating employer shall immediately report to the entity that provided the
notification under Subsection (6)(a):
(i) if the employee is acquitted of the offense;
(ii) if the employee is convicted of an offense that may be an employment related
offense; and
(iii) when the participating employer has concluded its duties under this section if the
employee is convicted, including conducting an investigation, making a determination under
Subsection (4)(b) that the conviction was for an employment related offense, and notifying the
office under Subsection (7).
(c) The notifying entity under Subsection (6)(a) may assist the employee's participating
employer with the investigation and determination described under Subsection (4)(b).
(7) Upon receiving a notification from a participating employer that the participating
employer has made a determination under Subsection (4)(b) that the conviction was for an
employment related offense, the office shall immediately forfeit any service credit, employer
retirement related contributions, including employer contributions to the employer sponsored
contribution plans, or other retirement related benefits accrued by or made for the benefit of the
employee, beginning on the date of the initial employment related offense determined under
Subsection (4)(b).
(8) This section applies to an employee who is convicted on or after the effective date
of this act for an employment related offense.
(9) The board may make rules to implement this section.
(10) If any provision of this section, or the application of any provision to any person
or circumstance, is held invalid, the remainder of this section shall be given effect without the
invalid provision or application.
Section 100. Section 
53-1-106.5
 is amended to read:
53-1-106.5.
Utah Medical Cannabis Act -- Department duties.
In addition to the duties described in Section 
53-1-106
, the department shall
:
(1)
 provide standards for training peace officers and law enforcement agencies in the
use of the 
state
 electronic verification system
;
 and
(2)
 collaborate with the Department of Health and the Department of Agriculture and
Food to provide standards for training peace officers and law enforcement agencies in medical
cannabis law.
Section 101. Section 
58-17b-302
 is amended to read:
58-17b-302.
License required -- License classifications for pharmacy facilities.
(1) A license is required to act as a pharmacy, except
:
(a)
 as specifically exempted from licensure under Section 
58-1-307
[
.
]
; and
(b) for the operation of a medical cannabis pharmacy or the state central fill medical
cannabis pharmacy under Title 26, Chapter 61a, Utah Medical Cannabis Act.
(2) The division shall issue a pharmacy license to a facility that qualifies under this
chapter in the classification of a:
(a) class A pharmacy;
(b) class B pharmacy;
(c) class C pharmacy;
(d) class D pharmacy;
(e) class E pharmacy; or
(f) dispensing medical practitioner clinic pharmacy.
(3) 
(a)
 Each place of business shall require a separate license.
(b)
 If multiple pharmacies exist at the same address, a separate license shall be required
for each pharmacy.
(4) 
(a)
 The division may further define or supplement the classifications of pharmacies.
(b)
 The division may impose restrictions upon classifications to protect the public
health, safety, and welfare.
(5) Each pharmacy
, including the state central fill medical cannabis pharmacy,
 shall
have a pharmacist-in-charge, except as otherwise provided by rule.
(6) Whenever an applicable statute or rule requires or prohibits action by a pharmacy,
the pharmacist-in-charge and the owner of the pharmacy shall be responsible for all activities
of the pharmacy, regardless of the form of the business organization.
Section 102. Section 
58-17b-310
 is amended to read:
58-17b-310.
Continuing education.
(1)
 The division in collaboration with the board may establish by rule continuing
education requirements for each classification of licensure under this chapter.
(2) The division shall accept and apply toward an hour requirement that the division
establishes under Subsection (1) continuing education that a pharmacist completes in
accordance with Sections 
26-61a-403
 and 
26-61a-601
.
Section 103. Section 
58-17b-502
 is amended to read:
58-17b-502.
Unprofessional conduct.
(1)
 "Unprofessional conduct" includes:
[
(1)
] 
(a)
 willfully deceiving or attempting to deceive the division, the board, or their
agents as to any relevant matter regarding compliance under this chapter;
[
(2) (a)
] 
(b)
 except as provided in Subsection (2)[
(b)
]:
(i) paying or offering rebates to practitioners or any other health care providers, or
receiving or soliciting rebates from practitioners or any other health care provider; or
(ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
provider, for the purpose of obtaining referrals[
.
]
;
[
(b) Subsection (2)(a) does not apply to:
]
[
(i) giving or receiving price discounts based on purchase volume;
]
[
(ii) passing along pharmaceutical manufacturer's rebates; or
]
[
(iii) providing compensation for services to a veterinarian.
]
[
(3)
] 
(c)
 misbranding or adulteration of any drug or device or the sale, distribution, or
dispensing of any outdated, misbranded, or adulterated drug or device;
[
(4)
] 
(d)
 engaging in the sale or purchase of drugs or devices that are samples or
packages bearing the inscription "sample" or "not for resale" or similar words or phrases;
[
(5)
] 
(e)
 except as provided in Section 
58-17b-503
 or Part 9, Charitable Prescription
Drug Recycling Act, accepting back and redistributing any unused drug, or a part of it, after it
has left the premises of any pharmacy, unless the drug is in a unit pack, as defined in Section
58-17b-503
, or the manufacturer's sealed container, as defined in rule;
[
(6)
] 
(f)
 an act in violation of this chapter committed by a person for any form of
compensation if the act is incidental to the person's professional activities, including the
activities of a pharmacist, pharmacy intern, or pharmacy technician;
[
(7)
] 
(g)
 violating:
[
(a)
] 
(i)
 the federal Controlled Substances Act, Title II, P.L. 91-513;
[
(b)
] 
(ii)
 Title 58, Chapter 37, Utah Controlled Substances Act; or
[
(c)
] 
(iii)
 rules or regulations adopted under either act;
[
(8)
] 
(h)
 requiring or permitting pharmacy interns or technicians to engage in activities
outside the scope of practice for their respective license classifications, as defined in this
chapter and division rules made in collaboration with the board, or beyond their scope of
training and ability;
[
(9)
] 
(i)
 administering:
[
(a)
] 
(i)
 without appropriate training, as defined by rule;
[
(b)
] 
(ii)
 without a physician's order, when one is required by law; and
[
(c)
] 
(iii)
 in conflict with a practitioner's written guidelines or written protocol for
administering;
[
(10)
] 
(j)
 disclosing confidential patient information in violation of the provisions of
the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110
Stat. 1936, as amended, or other applicable law;
[
(11)
] 
(k)
 engaging in the practice of pharmacy without a licensed pharmacist
designated as the pharmacist-in-charge;
[
(12)
] 
(l)
 failing to report to the division any adverse action taken by another licensing
jurisdiction, government agency, law enforcement agency, or court for conduct that in
substance would be considered unprofessional conduct under this section;
[
(13)
] 
(m)
 as a pharmacist or pharmacy intern, compounding a prescription drug in a
dosage form which is regularly and commonly available from a manufacturer in quantities and
strengths prescribed by a practitioner; [
and
]
[
(14)
] 
(n)
 failing to act in accordance with Title 26, Chapter 64, Family Planning
Access Act, when dispensing a self-administered hormonal contraceptive under a standing
order[
.
]
; and
(o) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
(2) Subsection (1)(b) does not apply to:
(a) giving or receiving a price discount based on purchase volume;
(b) passing along a pharmaceutical manufacturer's rebate; or
(c) providing compensation for services to a veterinarian.
(3) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
61a, Utah Medical Cannabis Act:
(a) when registered as a pharmacy medical provider, as that term is defined in Section
26-61a-102
, providing pharmacy medical provider services in a medical cannabis pharmacy; or
(b) when registered as a state central fill medical provider, as that term is defined in
Section 
26-61a-102
, providing state central fill medical provider services in the state central fill
medical cannabis pharmacy.
(4) Notwithstanding Subsection (3), the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
Section 104. Section 
58-20b-101
 is enacted to read:
CHAPTER 20b. ENVIRONMENTAL HEALTH SCIENTIST ACT
Part 1. General Provisions.
 58-20b-101.
Title.
This chapter is known as the "Environmental Health Scientist Act."
Section 105. Section 
58-20b-102
 is enacted to read:
 58-20b-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Accredited program" means a degree-offering program from:
(a) an institution, college, or university that is accredited by the Department of
Education or the Council for Higher Education Accreditation; or
(b) a non-accredited institution, college, or university that offers education equivalent
to Department of Education-accredited programs, as determined by a third party selected by the
board.
(2) "Board" means the Environmental Health Scientist Board created in Section
58-20b-201
.
(3) "General supervision" means the supervising environmental health scientist is
available for immediate voice communication with the person he or she is supervising.
(4) "Practice of environmental health science" means:
(a) the enforcement of, the issuance of permits required by, or the inspection for the
purpose of enforcing state and local public health laws in the following areas:
(i) air quality;
(ii) food quality;
(iii) solid, hazardous, and toxic substances disposal;
(iv) consumer product safety;
(v) housing;
(vi) noise control;
(vii) radiation protection;
(viii) water quality;
(ix) vector control;
(x) drinking water quality;
(xi) milk sanitation;
(xii) rabies control;
(xiii) public health nuisances;
(xiv) indoor clean air regulations;
(xv) institutional and residential sanitation; or
(xvi) recreational facilities sanitation; or
(b) representing oneself in any manner as, or using the titles "environmental health
scientist," "environmental health scientist-in-training," or "registered sanitarian."
(5) "Unlawful conduct" means the same as that term is defined in Section 
58-1-501
.
(6) "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-20b-501
 and as may be further defined by division rule.
Section 106. Section 
58-20b-201
 is enacted to read:
Part 2. Board.
 58-20b-201.
Board.
(1) There is created the Environmental Health Scientist Board consisting of four
environmental health scientists in good standing and one member of the general public.
(2) The board shall be appointed and serve in accordance with Section 
58-1-201
.
(3) The duties and responsibilities of the board shall be in accordance with Sections
58-1-202
 and 
58-1-203
. In addition, the board shall designate one of its members on a
permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or
unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised
in the investigation of the complaint is disqualified from participating with the board when the
board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
Section 107. Section 
58-20b-301
 is enacted to read:
Part 3. Licensing.
 58-20b-301.
Licensure required -- License classifications.
(1) A person shall hold a license under this chapter in order to engage in the practice of
environmental health science while employed by any of the following, except as specifically
exempted in Section 
58-20b-305
 or 
58-1-307
:
(a) a local health department;
(b) the state Department of Health;
(c) the state Department of Human Services;
(d) the Department of Agriculture and Food as a food and dairy compliance officer; or
(e) a local health department as its director of environmental health services.
(2) Any other individual not subject to Subsection (1) may also be licensed under this
chapter upon compliance with all requirements.
(3) The division shall issue to persons who qualify under this chapter a license in the
classification:
(a) environmental health scientist; or
(b) environmental health scientist-in-training.
Section 108. Section 
58-20b-302
 is enacted to read:
 58-20b-302.
Qualifications for licensure.
(1) Except as provided in Subsection (2), an applicant for licensure as an
environmental health scientist shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) hold, at a minimum, a bachelor's degree from an accredited program in a university
or college, which degree includes completion of specific course work as defined by rule;
(e) pass an examination as determined by division rule in collaboration with the board;
and
(f) pass the Utah Law and Rules Examination for Environmental Health Scientists
administered by the division.
(2) An applicant for licensure as an environmental health scientist-in-training shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) hold, at a minimum, a bachelor's degree from an accredited program in a university
or college, which degree includes completion of specific course work as defined by rule;
(e) pass the Utah Law and Rules Examination for Environmental Health Scientists
administered by the division; and
(f) present evidence acceptable to the division and the board that the applicant, when
licensed, will practice as an environmental health scientist-in-training only under the general
supervision of a supervising environmental health scientist licensed under this chapter.
Section 109. Section 
58-20b-303
 is enacted to read:
 58-20b-303.
Term of license -- Expiration -- Renewal.
(1) (a) The division shall issue each license for an environmental health scientist in
accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year
to stagger the renewal cycles it administers.
(2) Each license for an environmental health scientist-in-training shall be issued for a
term of two years and may not be renewed.
(3) Each license issued under this chapter automatically expires on the expiration date
shown on the license unless the licensee renews it in accordance with Section 
58-1-308
.
Section 110. Section 
58-20b-304
 is enacted to read:
 58-20b-304.
Continuing education.
Each person holding a license under this chapter as an environmental health scientist or
an environmental health scientist-in-training shall complete in each two-year period of
licensure not fewer than 30 hours of professional continuing education in accordance with
standards defined by division rule.
Section 111. Section 
58-20b-305
 is enacted to read:
 58-20b-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 
58-1-307
, a person is exempt
from the licensure requirements of this chapter if:
(1) the person's practice of environmental health science is limited to inspecting in
order to enforce compliance with an inspection and maintenance program established pursuant
to Section 
41-6a-1642
 or to issuing permits under that program;
(2) the person is a laboratory staff person employed by the Department of Agriculture
and Food or the Department of Health, and in the person's employment inspects, permits,
certifies, or otherwise enforces laboratory standards in laboratories regulated by state or local
public health laws; or
(3) the person is the local health officer of a local public health department, which
employs a director of environmental health services licensed under this chapter.
Section 112. Section 
58-20b-401
 is enacted to read:
Part 4. License Denial and Discipline.
 58-20b-401.
Grounds for denial of license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license
of a licensee, for revoking, suspending, restricting, or placing on probation the license of a
licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and
desist order shall be in accordance with Section 
58-1-401
.
Section 113. Section 
58-20b-501
 is enacted to read:
Part 5. Unprofessional Conduct.
 58-20b-501.
Unprofessional conduct.
"Unprofessional conduct" includes:
(1) acting dishonestly or fraudulently in the performance of professional duties as an
environmental health scientist or environmental health scientist-in-training;
(2) intentionally filing a false report or record in the performance of professional duties
as an environmental health scientist or environmental health scientist-in-training; and
(3) willfully impeding or obstructing another person from filing a report in the
performance of professional duties as an environmental health scientist or environmental health
scientist-in-training.
Section 114. Section 
58-31b-305
 is amended to read:
58-31b-305.
Term of license -- Expiration -- Renewal.
(1) The division shall issue each license or certification under this chapter in
accordance with a two-year renewal cycle established by rule. The division may by rule extend
or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.
(2) The division shall renew the license of a licensee who, at the time of renewal:
(a) completes and submits an application for renewal in a form prescribed by the
division;
(b) pays a renewal fee established by the division under Section 
63J-1-504
; and
(c) meets continuing competency requirements as established by rule.
(3) In addition to the renewal requirements under Subsection (2), a person licensed as
[
a
] 
an
 advanced practice registered nurse shall be currently certified by a program approved by
the division in collaboration with the board and submit evidence satisfactory to the division of
that qualification or if licensed prior to July 1, 1992, meet the requirements established by rule.
(4) In addition to the requirements described in Subsections (2) and (3), an advanced
practice registered nurse licensee specializing in psychiatric mental health nursing who, as of
the day on which the division originally issued the licensee's license had not completed the
division's clinical practice requirements in psychiatric and mental health nursing, shall, to
qualify for renewal:
(a) if renewing less than two years after the day on which the division originally issued
the license, demonstrate satisfactory progress toward completing the clinical practice
requirements; or
(b) have completed the clinical practice requirements.
(5) Each license or certification automatically expires on the expiration date shown on
the license or certification unless renewed in accordance with Section 
58-1-308
.
(6) The division shall accept and apply toward an hour requirement that the division
establishes under Subsection (2)(c) continuing education that an advanced practice registered
nurse completes in accordance with Section 
26-61a-106
.
Section 115. Section 
58-31b-502
 is amended to read:
58-31b-502.
Unprofessional conduct.
(1)
 "Unprofessional conduct" includes:
[
(1)
] 
(a)
 failure to safeguard a patient's right to privacy as to the patient's person,
condition, diagnosis, personal effects, or any other matter about which the licensee is privileged
to know because of the licensee's or person with a certification's position or practice as a nurse
or practice as a medication aide certified;
[
(2)
] 
(b)
 failure to provide nursing service or service as a medication aide certified in a
manner that demonstrates respect for the patient's human dignity and unique personal character
and needs without regard to the patient's race, religion, ethnic background, socioeconomic
status, age, sex, or the nature of the patient's health problem;
[
(3)
] 
(c)
 engaging in sexual relations with a patient during any:
[
(a)
] 
(i)
 period when a generally recognized professional relationship exists between
the person licensed or certified under this chapter and 
the
 patient; or
[
(b)
] 
(ii)
 extended period when a patient has reasonable cause to believe a professional
relationship exists between the person licensed or certified under the provisions of this chapter
and the patient;
[
(4) (a)
] 
(d) (i)
 as a result of any circumstance under Subsection [
(3)
] 
(1)(c)
, exploiting
or using information about a patient or exploiting the licensee's or the person with a
certification's professional relationship between the licensee or holder of a certification under
this chapter and the patient; or
[
(b)
] 
(ii)
 exploiting the patient by use of the licensee's or person with a certification's
knowledge of the patient obtained while acting as a nurse or a medication aide certified;
[
(5)
] 
(e)
 unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
[
(6)
] 
(f)
 unauthorized taking or personal use of nursing supplies from an employer;
[
(7)
] 
(g)
 unauthorized taking or personal use of a patient's personal property;
[
(8)
] 
(h)
 knowingly entering into any medical record any false or misleading
information or altering a medical record in any way for the purpose of concealing an act,
omission, or record of events, medical condition, or any other circumstance related to the
patient and the medical or nursing care provided;
[
(9)
] 
(i)
 unlawful or inappropriate delegation of nursing care;
[
(10)
] 
(j)
 failure to exercise appropriate supervision of persons providing patient care
services under supervision of the licensed nurse;
[
(11)
] 
(k)
 employing or aiding and abetting the employment of an unqualified or
unlicensed person to practice as a nurse;
[
(12)
] 
(l)
 failure to file or record any medical report as required by law, impeding or
obstructing the filing or recording of such a report, or inducing another to fail to file or record
such a report;
[
(13)
] 
(m)
 breach of a statutory, common law, regulatory, or ethical requirement of
confidentiality with respect to a person who is a patient, unless ordered by a court;
[
(14)
] 
(n)
 failure to pay a penalty imposed by the division;
[
(15)
] 
(o)
 prescribing a Schedule [
II-III
] 
II or III
 controlled substance without
complying with the requirements in Section 
58-31b-803
;
[
(16)
] 
(p)
 violating Section 
58-31b-801
;
[
(17)
] 
(q)
 violating the dispensing requirements of Section 
58-17b-309
 or Chapter 17b,
Part 8, Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy,
if applicable; and
[
(18)
] 
(r)
 establishing or operating a pain clinic without a consultation and referral plan
for Schedule [
II-III
] 
II or III
 controlled substances.
(2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
is defined in Section 
26-61a-102
, recommending the use of medical cannabis.
(3) Notwithstanding Subsection (2), the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for an advanced practice registered nurse described in Subsection (2).
Section 116. Section 
58-37-3.6 (Superseded 07/01/19)
 is amended to read:
58-37-3.6 (Superseded 07/01/19).
Exemption for possession or distribution of a
cannabinoid product or expanded cannabinoid product pursuant to an approved study.
(1) As used in this section:
(a) "Cannabinoid product" means a product intended for human ingestion that:
(i) contains an extract or concentrate that is obtained from cannabis;
(ii) is prepared in a medicinal dosage form; and
(iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
(b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
(c) "Drug paraphernalia" means the same as that term is defined in Section 
58-37a-3
.
(d) "Expanded cannabinoid product" means a product intended for human ingestion
that:
(i) contains an extract or concentrate that is obtained from cannabis;
(ii) is prepared in a medicinal dosage form; and
(iii) contains less than 10 units of cannabidiol for every one unit of
tetrahydrocannabinol.
(e) "Medicinal dosage form" means:
(i) a tablet;
(ii) a capsule;
(iii) a concentrated oil;
(iv) a liquid suspension;
(v) a transdermal preparation; or
(vi) a sublingual preparation.
(f) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the
description in Subsection 
58-37-4
(2)(a)(iii)(AA).
(2) Notwithstanding any other provision of this chapter, an individual who possesses or
distributes a cannabinoid product or an expanded cannabinoid product is not subject to the
penalties described in this title for the possession or distribution of marijuana or
tetrahydrocannabinol to the extent that the individual's possession or distribution of the
cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 61,
Cannabinoid Research Act.
[
(3) Notwithstanding any other provision of this chapter, an individual who grows,
processes, or possesses cannabis is not subject to the penalties described in this title for the
growth, processing, or possession of marijuana to the extent that the individual is authorized to
grow, process, or possess the cannabis under Section 
4-41-203
 and is in compliance with any
rules made pursuant to Section 
4-41-204
.
]
[
(4) Notwithstanding any other provision of this chapter, an individual who possesses
or uses cannabis in a medicinal dosage form is not subject to the penalties described in this title
for the possession or use of marijuana or tetrahydrocannabinol to the extent that the individual's
possession or use of the cannabis complies with Title 58, Chapter 85, Utah Right to Try Act.
]
Section 117. Section 
58-37-3.6 (Effective 07/01/19)
 is amended to read:
58-37-3.6 (Effective 07/01/19).
Exemption for possession or distribution of a
cannabinoid product or expanded cannabinoid product pursuant to an approved study.
(1) As used in this section:
[
(a) "Cannabidiol product" means the same as that term is defined in Section
4-41-102
.
]
[
(b)
] 
(a)
 "Cannabinoid product" means a product intended for human ingestion that:
(i) contains an extract or concentrate that is obtained from cannabis;
(ii) is prepared in a medicinal dosage form; and
(iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
[
(c)
] 
(b)
 "Cannabis" means any part of the plant cannabis sativa, whether growing or
not.
[
(d)
] 
(c)
 "Drug paraphernalia" means the same as that term is defined in Section
58-37a-3
.
[
(e)
] 
(d)
 "Expanded cannabinoid product" means a product intended for human
ingestion that:
(i) contains an extract or concentrate that is obtained from cannabis;
(ii) is prepared in a medicinal dosage form; and
(iii) contains less than 10 units of cannabidiol for every one unit of
tetrahydrocannabinol.
[
(f)
] 
(e)
 "Medicinal dosage form" means:
(i) a tablet;
(ii) a capsule;
(iii) a concentrated oil;
(iv) a liquid suspension;
(v) a transdermal preparation; or
(vi) a sublingual preparation.
[
(g)
] 
(f)
 "Tetrahydrocannabinol" means a substance derived from cannabis that meets
the description in Subsection 
58-37-4
(2)(a)(iii)(AA).
(2) Notwithstanding any other provision of this chapter[
: (a)
] an individual who
possesses or distributes a cannabinoid product or an expanded cannabinoid product is not
subject to the penalties described in this title for the possession or distribution of marijuana or
tetrahydrocannabinol to the extent that the individual's possession or distribution of the
cannabinoid product or expanded cannabinoid product complies with Title 26, Chapter 61,
Cannabinoid Research Act[
;
]
.
[
(b) an individual who grows, processes, possesses, transports, or distributes
cannabidiol for medicinal use or a hemp-grade product that is intended to be processed into
cannabidiol for medicinal use, is not subject to the penalties described in this title to the extent
that the individual's growth, processing, possession, transportation, or distribution of the
cannabidiol or hemp-grade product is in compliance with Title 4, Chapter 43, Cannabidiol
Producers; and
]
[
(c) a person who processes, possesses, or sells cannabidiol is not subject to the
penalties described in this title if:
]
[
(i) the person is a cannabidiol-qualified pharmacy; or
]
[
(ii) the person is an individual whose physician has recommended use of the
cannabidiol and the individual purchased the cannabidiol from a cannabidiol-qualified
pharmacy.
]
[
(3) Notwithstanding any other provision of this chapter, an individual who grows,
processes, or possesses cannabis is not subject to the penalties described in this title for the
growth, processing, or possession of marijuana to the extent that the individual is authorized to
grow, process, or possess the cannabis under Section 
4-41-203
 and is in compliance with any
rules made pursuant to Section 
4-41-204
.
]
[
(4) Notwithstanding any other provision of this chapter, an individual who possesses
or uses cannabis in a medicinal dosage form is not subject to the penalties described in this title
for the possession or use of marijuana or tetrahydrocannabinol to the extent that the individual's
possession or use of the cannabis complies with Title 58, Chapter 85, Utah Right to Try Act.
]
Section 118. Section 
58-37-3.7
 is amended to read:
58-37-3.7.
Medical cannabis decriminalization.
(1) As used in this section:
(a) "Cannabis" means the same as that term is defined in Section 
26-61a-102
.
(b) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
(c) "Medical cannabis card" means the same as that term is defined in Section
26-61a-102
.
(d) "Medical cannabis device" means the same as that term is defined in Section
26-61a-102
.
(e) "Medical cannabis pharmacy" means the same as that term is defined in Section
26-61a-102
.
(f) "Medicinal dosage form" means the same as that term is defined in Section
26-61a-102
.
(g) "Qualified medical provider" means the same as that term is defined in Section
26-61a-102
.
(h) "Qualifying condition" means the same as that term is defined in Section
26-61a-102
.
(i) "Tetrahydrocannabinol" means the same as that term is defined in Section
58-37-3.9
.
[
(1)
] 
(2)
 Before [
July
] 
January
 1, [
] 
, [
it is an affirmative defense to criminal
charges against an individual
] 
an individual is not guilty under this chapter
 for the use[
,
] 
or
possession[
, or manufacture
] of marijuana, tetrahydrocannabinol, or marijuana drug
paraphernalia [
under this chapter that
] 
if:
(a) at the time of the arrest,
 the individual [
would be eligible for a medical cannabis
card, and that the individuals conduct would have been lawful, after July 1, 2020.
]
:
(i) (A) had been diagnosed with a qualifying condition; and
(B) had a pre-existing provider-patient relationship with an advanced practice
registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed
under Title 58, Chapter 67, Utah Medical Practice Act, a physician licensed under Title 58,
Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under
Title 58, Chapter 70a, Physician Assistant Act, who believed that the individual's illness
described in Subsection (2)(a)(i)(A) could benefit from the use in question; or
(ii) (A) for possession, was a medical cannabis cardholder; or
(B) for use, was a medical cannabis patient cardholder or a minor with a qualifying
condition under the supervision of a medical cannabis guardian cardholder; and
(b) the marijuana or tetrahydrocannabinol was in a medicinal dosage form in a quantity
described in Subsection 
26-61a-502
(2).
[
(2)
] 
(3)
 [
It is an affirmative defense to criminal charges against an individual
] 
An
individual is not guilty under this chapter
 for the use or possession of marijuana,
tetrahydrocannabinol, or marijuana drug paraphernalia under this chapter if:
(a) 
at the time of the arrest,
 the individual
:
(i)
 [
is a
] 
was
 not a resident of Utah or has been a resident of Utah for less than 45 days
[
and was issued
]
;
(ii) had
 a currently valid medical cannabis [
identification
] card or [
its
] 
the
 equivalent 
of
a medical cannabis card
 under the laws of another state, district, territory, commonwealth, or
insular possession of the United States; and
[
(b)
] 
(iii)
 [
the individual has
] 
had
 been diagnosed with a qualifying [
illness
] 
condition
as described in Section [
26-60b-105
.
] 
26-61a-104
; and
(b) the marijuana or tetrahydrocannabinol is in a medicinal dosage form in a quantity
described in Subsection 
26-61a-502
(2).
[
(3) A court shall, for charges that the court dismisses under Subsection (1) or
Subsection (2), dismiss the charges without prejudice.
]
Section 119. Section 
58-37-3.8
 is amended to read:
58-37-3.8.
Enforcement.
(1) [
No
] 
A
 law enforcement officer [
employed by an agency that receives state or local
government funds shall
]
, as that term is defined in Section 53-13-103, except for an officially
designated drug enforcement task force regarding conduct that is not in accordance with Title
26, Chapter 61a, Utah Medical Cannabis Act, may not
 expend any state or local resources,
including the officer's time, to
:
(a)
 effect any arrest or seizure of cannabis, 
as that term is defined in Section
26-61a-102
,
 or conduct any investigation, on the sole basis of activity the officer believes to
constitute a violation of federal law if the officer has reason to believe that [
such
] 
the
 activity is
in compliance with the state medical cannabis laws[
, nor shall any such officer expend any
state or local resources, including the officer's time, to
]
;
(b) enforce a law that restricts an individual's right to acquire, own, or possess a
firearm based solely on the individual's possession or use of cannabis in accordance with state
medical cannabis laws; or
(c)
 provide any information or logistical support related to [
such
] 
an
 activity 
described
in Subsection (1)(a)
 to any federal law enforcement authority or prosecuting entity.
(2) [
No
] 
An
 agency or political subdivision of [
Utah
] 
the state
 may [
rely on a violation
of federal law as the sole basis for taking
] 
not take
 an adverse action against a person 
for
providing 
a
 professional [
services
] 
service
 to a 
medical
 cannabis [
dispensary
] 
pharmacy, as that
term is defined in Section 
26-61a-102
, the state central fill medical cannabis pharmacy, as that
term is defined in Section 
26-61a-102
,
 or a cannabis production establishment [
if the person
has not violated the state medical cannabis laws
]
, as that term is defined in Section 4-41a-102,
on the sole basis that the service is a violation of federal law
.
Section 120. Section 
58-37-3.9
 is amended to read:
58-37-3.9.
Exemption for possession or use of cannabis to treat a qualifying
illness.
(1) As used in this section:
(a) "Cannabis" means marijuana.
[
(b) "Cannabis dispensary" means the same as that term is defined in Section
26-60b-102
.
]
[
(c)
] 
(b)
 "Cannabis product" means [
a product that: (i) is intended for human ingestion;
and (ii) contains cannabis or tetrahydrocannabinol
] 
the same as that term is defined in Section
26-61a-102
.
[
(d) "Designated caregiver" means the same as that term is defined in Section
26-60b-102
.
]
[
(e)
] 
(c)
 "Drug paraphernalia" means the same as that term is defined in Section
58-37a-3
.
[
(f) "Marijuana" means the same as that term is defined in Section 
58-37-2
.
]
[
(g)
] 
(d)
 "Medical cannabis [
card
] 
cardholder
" means the same as that term is defined
in Section [
26-60b-102
] 
26-61a-102
.
[
(h)
] 
(e)
 [
(i)
] "Medical cannabis device" means [
a device that an individual uses to
ingest cannabis or a cannabis product
] 
the same as that term is defined in Section 
26-61a-102
.
[
(ii) "Medical cannabis device" does not include a device that facilitates cannabis
combustion at a temperature of greater than 750 degrees Fahrenheit.
]
[
(i)
] 
(f)
 "[
Qualifying illness
] 
Medicinal dosage form
" means the same as that term is
defined in Section [
26-60b-102
] 
26-61a-102
.
[
(j)
] 
(g)
 "Tetrahydrocannabinol" means a substance derived from cannabis [
that meets
the description
] 
or a synthetic description as described
 in Subsection 
58-37-4
(2)(a)(iii)(AA).
(2) Notwithstanding any other provision of law, except as otherwise provided in this
section:
(a) an individual [
who
] 
is not guilty of a violation of this title for the following conduct
if the individual engages in the conduct in accordance with Title 4, Chapter 41a, Cannabis
Production Establishments, or Title 26, Chapter 61a, Utah Medical Cannabis Act:
(i)
 [
possesses, produces, manufactures, dispenses, distributes, sells, or offers
]
possessing, ingesting, producing, manufacturing, dispensing, distributing, selling, or offering
 to
sell cannabis or a cannabis product
;
 or [
who possesses
]
(ii) possessing cannabis or a cannabis product
 with 
the
 intent to [
produce, manufacture,
dispense, distribute, sell, or offer to sell cannabis or a cannabis product is not subject to the
penalties described in this title for
] 
engage in
 the conduct [
to the extent that the individual's
conduct complies with:
] 
described in Subsection (2)(a)(i); and
[
(i)
] 
(b) an individual is guilty of a violation of this title regarding drug paraphernalia if
the individual, in accordance with
 Title 4, Chapter [
41b
] 
41a
, Cannabis Production
[
Establishment;
] 
Establishments,
 and [
(ii)
] Title 26, Chapter [
60b
] 
61a
, 
Utah
 Medical
Cannabis Act[
;
]
:
[
(b)
] 
(i)
 [
an individual who
] possesses, manufactures, distributes, sells, or offers to sell
a medical cannabis device
;
 or
(ii)
 [
who
] possesses 
a medical cannabis device
 with 
the
 intent to [
manufacture,
distribute, sell, or offer to sell a medical cannabis device is authorized and is not subject to the
penalties described in this title for the possession, manufacture, distribution, sale, or offer for
sale of drug paraphernalia to the extent that the individual's
] 
engage in any of the
 conduct
[
complies with:
] 
described in Subsection (2)(b)(i).
[
(i) Title 4, Chapter 41b, Cannabis Production Establishment; and
]
[
(ii) Title 26, Chapter 60b, Medical Cannabis Act.
]
[
(3) For purposes of state law, except as otherwise provided in this section, activities
related to cannabis shall be considered lawful and any cannabis consumed shall be considered
legally ingested, as long as the conduct is in accordance with:
]
[
(a) Title 4, Chapter 41b, Cannabis Production Establishment; and
]
[
(b) Title 26, Chapter 60b, Medical Cannabis Act.
]
[
(4)
] 
(3) (a) As used in this Subsection (3), "smoking" does not include the
vaporization or heating of medical cannabis.
(b)
 [
It is not lawful for
] 
Title 26, Chapter 61a, Utah Medical Cannabis Act, does not
authorize
 a medical cannabis [
card holder
] 
cardholder
 to smoke 
or combust
 cannabis or to use
a device to facilitate the smoking 
or combustion
 of cannabis. [
An individual convicted of
violating this section is guilty of an infraction. For purposes of this section, smoking does not
include a means of administration that involves cannabis combustion at a temperature that is
not greater than 750 degrees Fahrenheit and that does not involve using a flame.
]
(c) A medical cannabis cardholder who smokes cannabis or engages in any other
conduct described in Subsection (3)(b):
(i) does not possess the cannabis in accordance with Title 26, Chapter 61a, Utah
Medical Cannabis Act; and
(ii) is subject to charges under this chapter for the use or possession of marijuana,
tetrahydrocannabinol, or marijuana drug paraphernalia for the conduct described in Subsection
(3)(b).
[
(5) An individual is not exempt from the penalties described in this title for ingesting
cannabis or a cannabis product while operating a motor vehicle.
]
[
(6)
] 
(4)
 An individual who is assessed a penalty or convicted of [
an infraction
] 
a crime
under Title 4, Chapter [
41b
] 
41a
, Cannabis Production [
Establishment
] 
Establishments
, or Title
26, Chapter [
60b
] 
61a
, 
Utah
 Medical Cannabis Act, is not
, based on the conduct underlying
that penalty or conviction,
 subject to [
the penalties
] 
a penalty
 described in this chapter for:
(a) the possession, manufacture, sale, or offer for sale of cannabis or a cannabis
product; or
(b) the possession, manufacture, sale, or offer for sale of drug paraphernalia.
Section 121. Section 
58-37f-203 (Effective 07/01/19)
 is amended to read:
58-37f-203 (Effective 07/01/19).
Submission, collection, and maintenance of data.
(1) (a) The division shall implement on a statewide basis, including non-resident
pharmacies as defined in Section 
58-17b-102
, the following two options for a pharmacist to
submit information:
(i) real-time submission of the information required to be submitted under this part to
the controlled substance database; and
(ii) 24-hour daily or next business day, whichever is later, batch submission of the
information required to be submitted under this part to the controlled substance database.
(b) (i) On and after January 1, 2016, a pharmacist shall comply with either:
(A) the submission time requirements established by the division under Subsection
(1)(a)(i); or
(B) the submission time requirements established by the division under Subsection
(1)(a)(ii).
(ii) Prior to January 1, 2016, a pharmacist may submit information using either option
under this Subsection (1).
(c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
(2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
controlled substance is dispensed shall submit the data described in this section to the division
in accordance with:
(i) the requirements of this section;
(ii) the procedures established by the division;
(iii) additional types of information or data fields established by the division; and
(iv) the format established by the division.
(b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
the provisions of this section and the dispensing medical practitioner shall assume the duties of
the pharmacist under this chapter.
(3) [
(a)
] The pharmacist-in-charge and the pharmacist described in Subsection (2)
shall, for each controlled substance dispensed by a pharmacist under the pharmacist's
supervision other than those dispensed for an inpatient at a health care facility, submit to the
division any type of information or data field established by the division by rule in accordance
with Subsection (6).
[
(b) The pharmacist described in Subsection (2) shall, in the case of a
cannabidiol-qualified pharmacy dispensing a cannabidiol product, submit the following
information to the division:
]
[
(i) the name of the recommending physician;
]
[
(ii) the date of the recommendation;
]
[
(iii) the date the recommendation was filled by the cannabidiol-qualified pharmacy;
]
[
(iv) the name of the individual for whom the recommendation was written; and
]
[
(v) any other information the division requires by rule, made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
]
(4) An individual whose records are in the database may obtain those records upon
submission of a written request to the division.
(5) (a) A patient whose record is in the database may contact the division in writing to
request correction of any of the patient's database information that is incorrect. The patient
shall provide a postal address for the division's response.
(b) The division shall grant or deny the request within 30 days from receipt of the
request and shall advise the requesting patient of its decision by mail postmarked within 35
days of receipt of the request.
(c) If the division denies a request under this Subsection (5) or does not respond within
35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
after the postmark date of the patient's letter making a request for a correction under this
Subsection (5).
(6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish submission requirements under this part,
including:
(a) electronic format;
(b) submission procedures; and
(c) required information and data fields.
(7) The division shall ensure that the database system records and maintains for
reference:
(a) the identification of each individual who requests or receives information from the
database;
(b) the information provided to each individual; and
(c) the date and time that the information is requested or provided.
Section 122. Section 
58-67-304
 is amended to read:
58-67-304.
License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule:
(a) complete qualified continuing professional education requirements in accordance
with the number of hours and standards defined by division rule made in collaboration with the
board;
(b) appoint a contact person for access to medical records and an alternate contact
person for access to medical records in accordance with Subsection 
58-67-302
(1)(j);
(c) if the licensee practices medicine in a location with no other persons licensed under
this chapter, provide some method of notice to the licensee's patients of the identity and
location of the contact person and alternate contact person for the licensee; and
(d) if the licensee is an associate physician licensed under Section 
58-67-302.8
,
successfully complete the educational methods and programs described in Subsection
58-67-807
(4).
(2) If a renewal period is extended or shortened under Section 
58-67-303
, the
continuing education hours required for license renewal under this section are increased or
decreased proportionally.
(3) An application to renew a license under this chapter shall:
(a) require a physician to answer the following question: "Do you perform elective
abortions in Utah in a location other than a hospital?"; and
(b) immediately following the question, contain the following statement: "For purposes
of the immediately preceding question, elective abortion means an abortion other than one of
the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
the woman is pregnant as a result of rape or incest."
(4) In order to assist the Department of Health in fulfilling its responsibilities relating
to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
division shall, within 30 days after the day on which it renews the physician's license under this
chapter, inform the Department of Health in writing:
(a) of the name and business address of the physician; and
(b) that the physician responded positively to the question described in Subsection
(3)(a).
(5) The division shall accept and apply toward the hour requirement in Subsection
(1)(a) and continuing education that a physician completes in accordance with Sections
26-61a-106
, 
26-61a-403
, and 
26-61a-601
.
Section 123. Section 
58-67-502
 is amended to read:
58-67-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(a) using or employing the services of any individual to assist a licensee in any manner
not in accordance with the generally recognized practices, standards, or ethics of the
profession, state law, or division rule;
(b) making a material misrepresentation regarding the qualifications for licensure under
Section 
58-67-302.7
 or Section 
58-67-302.8
; [
or
]
(c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable[
.
]
; or
(d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
(2) "Unprofessional conduct" does not include[
,
]
:
(a)
 in compliance with Section 
58-85-103
:
[
(a)
] 
(i)
 obtaining an investigational drug or investigational device;
[
(b)
] 
(ii)
 administering the investigational drug to an eligible patient; or
[
(c)
] 
(iii)
 treating an eligible patient with the investigational drug or investigational
device[
.
]
; or
(b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
(i) when registered as a qualified medical provider, as that term is defined in Section
26-61a-102
, recommending the use of medical cannabis;
(ii) when registered as a pharmacy medical provider, as that term is defined in Section
26-61a-102
, providing pharmacy medical provider services in a medical cannabis pharmacy; or
(iii) when registered as a state central fill medical provider, as that term is defined in
Section 
26-61a-102
, providing state central fill medical provider services in the state central fill
medical cannabis pharmacy.
(3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a pharmacist described in Subsection (2)(b).
Section 124. Section 
58-68-304
 is amended to read:
58-68-304.
License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule:
(a) complete qualified continuing professional education requirements in accordance
with the number of hours and standards defined by division rule in collaboration with the
board;
(b) appoint a contact person for access to medical records and an alternate contact
person for access to medical records in accordance with Subsection 
58-68-302
(1)(j);
(c) if the licensee practices osteopathic medicine in a location with no other persons
licensed under this chapter, provide some method of notice to the licensee's patients of the
identity and location of the contact person and alternate contact person for access to medical
records for the licensee in accordance with Subsection 
58-68-302
(1)(k); and
(d) if the licensee is an associate physician licensed under Section 
58-68-302.5
,
successfully complete the educational methods and programs described in Subsection
58-68-807
(4).
(2) If a renewal period is extended or shortened under Section 
58-68-303
, the
continuing education hours required for license renewal under this section are increased or
decreased proportionally.
(3) An application to renew a license under this chapter shall:
(a) require a physician to answer the following question: "Do you perform elective
abortions in Utah in a location other than a hospital?"; and
(b) immediately following the question, contain the following statement: "For purposes
of the immediately preceding question, elective abortion means an abortion other than one of
the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
the woman is pregnant as a result of rape or incest."
(4) In order to assist the Department of Health in fulfilling its responsibilities relating
to the licensing of an abortion clinic, if a physician responds positively to the question
described in Subsection (3)(a), the division shall, within 30 days after the day on which it
renews the physician's license under this chapter, inform the Department of Health in writing:
(a) of the name and business address of the physician; and
(b) that the physician responded positively to the question described in Subsection
(3)(a).
(5) The division shall accept and apply toward the hour requirement in Subsection
(1)(a) and continuing education that a physician completes in accordance with Sections
26-61a-106
, 
26-61a-403
, and 
26-61a-601
.
Section 125. Section 
58-68-502
 is amended to read:
58-68-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(a) using or employing the services of any individual to assist a licensee in any manner
not in accordance with the generally recognized practices, standards, or ethics of the
profession, state law, or division rule;
(b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable; [
or
]
(c) making a material misrepresentation regarding the qualifications for licensure under
Section 
58-68-302.5
[
.
]
; or
(d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act.
(2) "Unprofessional conduct" does not include[
,
]
:
(a)
 in compliance with Section 
58-85-103
:
[
(a)
] 
(i)
 obtaining an investigational drug or investigational device;
[
(b)
] 
(ii)
 administering the investigational drug to an eligible patient; or
[
(c)
] 
(iii)
 treating an eligible patient with the investigational drug or investigational
device[
.
]
; or
(b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
(i) when registered as a qualified medical provider, as that term is defined in Section
26-61a-102
, recommending the use of medical cannabis;
(ii) when registered as a pharmacy medical provider, as that term is defined in Section
26-61a-102
, providing pharmacy medical provider services in a medical cannabis pharmacy; or
(iii) when registered as a state central fill medical provider, as that term is defined in
Section 
26-61a-102
, providing state central fill medical provider services in the state central fill
medical cannabis pharmacy.
(3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a pharmacist described in Subsection (2)(b).
Section 126. Section 
58-70a-303
 is amended to read:
58-70a-303.
Term of license -- Expiration -- Renewal.
(1) (a) The division shall issue each license under this chapter in accordance with a
two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year
to stagger the renewal cycles it administers.
(2) At the time of renewal, the licensee shall show compliance with continuing
education renewal requirements.
(3) Each license issued under this chapter expires on the expiration date shown on the
license unless renewed in accordance with Section 
58-1-308
.
(4) The division shall accept and apply toward an hour requirement that the division
establishes under Subsection (2) continuing education that a physician assistant completes in
accordance with Section 
26-61a-106
.
Section 127. Section 
58-70a-503
 is amended to read:
58-70a-503.
Unprofessional conduct.
(1)
 "Unprofessional conduct" includes:
[
(1)
] 
(a)
 violation of a patient confidence to any person who does not have a legal right
and a professional need to know the information concerning the patient;
[
(2)
] 
(b)
 knowingly prescribing, selling, giving away, or directly or indirectly
administering, or offering to prescribe, sell, furnish, give away, or administer any prescription
drug except for a legitimate medical purpose upon a proper diagnosis indicating use of that
drug in the amounts prescribed or provided;
[
(3)
] 
(c)
 prescribing prescription drugs for oneself or administering prescription drugs
to oneself, except those that have been legally prescribed for the physician assistant by a
licensed practitioner and that are used in accordance with the prescription order for the
condition diagnosed;
[
(4)
] 
(d)
 failure to maintain at the practice site a delegation of services agreement that
accurately reflects current practices;
[
(5)
] 
(e)
 failure to make the delegation of services agreement available to the division
for review upon request;
[
(6)
] 
(f)
 in a practice that has physician assistant ownership interests, failure to allow
the supervising physician the independent final decision making authority on patient treatment
decisions, as set forth in the delegation of services agreement or as defined by rule; and
[
(7)
] 
(g)
 violating the dispensing requirements of Chapter 17b, Part 8, Dispensing
Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable.
(2) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
61a, Utah Medical Cannabis Act, when registered as a qualified medical provider, as that term
is defined in Section 
26-61a-102
, recommending the use of medical cannabis.
(3) Notwithstanding Subsection (2), the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a physician assistant described in Subsection (2).
Section 128. Section 
58-85-102
 is amended to read:
58-85-102.
Definitions.
As used in this chapter:
[
(1) "Cannabis" means cannabis that has been grown by a state-approved grower and
processed into a medicinal dosage form.
]
[
(2) "Cannabis-based treatment" means a course of treatment involving cannabis.
]
[
(3)
] 
(1)
 "Eligible patient" means an individual who has been diagnosed with a
terminal illness by a physician.
[
(4) "Health care facility" means the same as that term is defined in Section
26-55-102
.
]
[
(5)
] 
(2)
 "Insurer" means the same as that term is defined in Section 
31A-1-301
.
[
(6)
] 
(3)
 "Investigational device" means a device that:
(a) meets the definition of "investigational device" in 21 C.F.R. Sec. 812.3; and
(b) has successfully completed the United States Food and Drug Administration Phase
1 testing for an investigational device described in 21 C.F.R. Part 812.
[
(7)
] 
(4)
 "Investigational drug" means a drug that:
(a) meets the definition of "investigational new drug" in 21 C.F.R. Sec. 312.3; and
(b) has successfully completed the United States Food and Drug Administration Phase
1 testing for an investigational new drug described in 21 C.F.R. Part 312.
[
(8)
] 
(5)
 "Medicinal dosage form" means the same as that term is defined in Section
58-37-3.6
.
[
(9)
] 
(6)
 "Physician" means an individual who is licensed under:
(a) Title 58, Chapter 67, Utah Medical Practice Act; or
(b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
[
(10) "State-approved grower and processor" means a person who grows cannabis
pursuant to state law and processes the cannabis into a medicinal dosage form.
]
[
(11)
] 
(7)
 "Terminal illness" means a condition of a patient that:
(a) as determined by a physician:
(i) is likely to pose a greater risk to the patient than the risk posed to the patient by
treatment with an investigational drug or investigational device; and
(ii) will inevitably lead to the patient's death; and
(b) presents the patient, after the patient has explored conventional therapy options,
with no treatment option that is satisfactory or comparable to treatment with an investigational
drug or device.
Section 129. Section 
58-85-104
 is amended to read:
58-85-104.
Standard of care -- Medical practitioners not liable -- No private right
of action.
(1) [
(a)
] It is not a breach of the applicable standard of care for a physician, other
licensed health care provider, or hospital to treat an eligible patient with an investigational drug
or investigational device under this chapter.
[
(b) It is not a breach of the applicable standard of care for a physician to recommend a
cannabis-based treatment to a terminally ill patient under this chapter, or a health care facility
to aid or assist in any way a terminally ill patient's use of cannabis.
]
(2) A physician, other licensed health care provider, or hospital that treats an eligible
patient with an investigational drug or investigational device under this chapter[
, or a physician
who recommends a cannabis-based treatment to a terminally ill patient or a health care facility
that facilitates a terminally ill patient's recommended use of a cannabis-based treatment under
this chapter,
] may not, for any harm done to the eligible patient by the investigational drug or
device, [
or for any harm done to the terminally ill patient by the cannabis-based treatment,
] be
subject to:
(a) civil liability;
(b) criminal liability; or
(c) licensure sanctions under:
(i) for a physician:
(A) Title 58, Chapter 67, Utah Medical Practice Act; or
(B) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(ii) for the other licensed health care provider, the act governing the other licensed
health care provider's license; or
(iii) for the hospital [
or health care facility
], Title 26, Chapter 21, Health Care Facility
Licensing and Inspection Act.
(3) This chapter does not:
(a) require a manufacturer of an investigational drug or investigational device to agree
to make an investigational drug or investigational device available to an eligible patient or an
eligible patient's physician;
(b) require a physician to agree to:
(i) administer an investigational drug to an eligible patient under this chapter; 
or
(ii) treat an eligible patient with an investigational device under this chapter; or
[
(iii) recommend a cannabis-based treatment to a terminally ill patient; or
]
(c) create a private right of action for an eligible patient:
(i) against a physician or hospital, for the physician's or hospital's refusal to:
(A) administer an investigational drug to an eligible patient under this chapter; 
or
(B) treat an eligible patient with an investigational device under this chapter; or
[
(C) recommend a cannabis-based treatment to the terminally ill patient; or
]
(ii) against a manufacturer, for the manufacturer's refusal to provide an eligible patient
with an investigational drug or an investigational device under this chapter.
Section 130. Section 
58-85-105
 is amended to read:
58-85-105.
Insurance coverage.
(1) This chapter does not:
(a) require an insurer to cover the cost of:
(i) administering an investigational drug under this chapter; 
or
(ii) treating a patient with an investigational device under this chapter; or
[
(iii) a cannabis-based treatment; or
]
(b) prohibit an insurer from covering the cost of:
(i) administering an investigational drug under this chapter; 
or
(ii) treating a patient with an investigational device under this chapter[
; or
]
.
[
(iii) a 
cannabis-based treatment.
]
(2) Except as described in Subsection (3), an insurer may deny coverage to an eligible
patient who is treated with an investigational drug or investigational device, for harm to the
eligible patient caused by the investigational drug or investigational device.
(3) An insurer may not deny coverage to an eligible patient under Subsection (2) for:
(a) the eligible patient's preexisting condition;
(b) benefits that commenced before the day on which the eligible patient is treated with
the investigational drug or investigational device; or
(c) palliative or hospice care for an eligible patient that has been treated with an
investigational drug or device, but is no longer receiving curative treatment with the
investigational drug or device.
Section 131. Section 
59-12-104.10
 is enacted to read:
 59-12-104.10.
Exemption from sales tax for cannabis.
(1) As used in this section:
(a) "Cannabis" means the same as that term is defined in Section 
26-61a-102
.
(b) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
(c) "Medical cannabis device" means the same as that term is defined in Section
26-61a-102
.
(d) "Medical cannabis pharmacy" means the same as that term is defined in Section
26-61a-102
.
(e) "Medicinal dosage form" means the same as that term is defined in Section
26-61a-102
.
(f) "State central fill medical cannabis pharmacy" means the same as that term is
defined in Section 
26-61a-102
.
(2) In addition to the exemptions described in Section 
59-12-104
, the sale by a licensed
medical cannabis pharmacy or the state central fill medical cannabis pharmacy of the following
is not subject to the taxes this chapter imposes:
(a) cannabis in a medicinal dosage form; or
(b) a cannabis product in a medicinal dosage form.
(3) The sale of a medical cannabis device by a medical cannabis pharmacy or the state
central fill medical cannabis pharmacy is subject to the taxes this chapter imposes.
Section 132. Section 
62A-3-322
 is enacted to read:
 62A-3-322.
Medical cannabis use by a vulnerable adult or guardian.
A peace officer or an employee or agent of the division may not solicit or provide, and a
court may not order, emergency services for a vulnerable adult based solely on:
(1) the vulnerable adult's possession or use of cannabis in accordance with Title 26,
Chapter 61a, Utah Medical Cannabis Act; or
(2) the guardian of the vulnerable adult assisting with the use of or possessing cannabis
in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act.
Section 133. Section 
62A-4a-202.1
 is amended to read:
62A-4a-202.1.
Entering home of a child -- Taking a child into protective custody
-- Caseworker accompanied by peace officer -- Preventive services -- Shelter facility or
emergency placement.
(1) A peace officer or child welfare worker may not:
(a) enter the home of a child who is not under the jurisdiction of the court, remove a
child from the child's home or school, or take a child into protective custody unless authorized
under Subsection 
78A-6-106
(2); or
(b) remove a child from the child's home or take a child into custody under this section
solely on the basis of:
(i) educational neglect, truancy, or failure to comply with a court order to attend
school; or
(ii) the possession or use
, in accordance with Title 26, Chapter 61a, Utah Medical
Cannabis Act,
 of cannabis 
in a medicinal dosage form
, a cannabis product 
in a medicinal
dosage form
, or a medical cannabis device [
in the home, if the use and possession of the
cannabis, cannabis product, or medical cannabis device is in compliance with Title 26, Chapter
60b, Medical Cannabis Act
]
, as those terms are defined in Section 
26-61a-102
.
(2) A child welfare worker within the division may take action under Subsection [
(10)
]
(1)
 accompanied by a peace officer, or without a peace officer when a peace officer is not
reasonably available.
(3) (a) If possible, consistent with the child's safety and welfare, before taking a child
into protective custody, the child welfare worker shall also determine whether there are
services available that, if provided to a parent or guardian of the child, would eliminate the
need to remove the child from the custody of the child's parent or guardian.
(b) If the services described in Subsection (3)(a) are reasonably available, they shall be
utilized.
(c) In determining whether the services described in Subsection (3)(a) are reasonably
available, and in making reasonable efforts to provide those services, the child's health, safety,
and welfare shall be the child welfare worker's paramount concern.
(4) (a) A child removed or taken into custody under this section may not be placed or
kept in a secure detention facility pending court proceedings unless the child is detainable
based on guidelines promulgated by the Division of Juvenile Justice Services.
(b) A child removed from the custody of the child's parent or guardian but who does
not require physical restriction shall be given temporary care in:
(i) a shelter facility; or
(ii) an emergency placement in accordance with Section 
62A-4a-209
.
(c) When making a placement under Subsection (4)(b), the Division of Child and
Family Services shall give priority to a placement with a noncustodial parent, relative, or
friend, in accordance with Section 
62A-4a-209
.
[
(a)
] 
(d)
 If the child is not placed with a noncustodial parent, a relative, or a designated
friend, the caseworker assigned to the child shall file a report with the caseworker's supervisor
explaining why a different placement was in the child's best interest.
(5) When a child is removed from the child's home or school or taken into protective
custody, the caseworker shall give a parent of the child a pamphlet or flier explaining:
(a) the parent's rights under this part, including the right to be present and participate in
any court proceeding relating to the child's case;
(b) that it may be in the parent's best interest to contact an attorney and that, if the
parent cannot afford an attorney, the court will appoint one;
(c) the name and contact information of a division employee the parent may contact
with questions;
(d) resources that are available to the parent, including:
(i) mental health resources;
(ii) substance abuse resources; and
(iii) parenting classes; and
(e) any other information considered relevant by the division.
(6) The pamphlet or flier described in Subsection (5) shall be:
(a) evaluated periodically for its effectiveness at conveying necessary information and
revised accordingly;
(b) written in simple, easy-to-understand language; and
(c) available in English and other languages as the division determines to be
appropriate and necessary.
Section 134. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates, Title 26.
(1) Section 
26-1-40
 is repealed July 1, 2019.
[
(1)
] 
(2)
 Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
July 1, 2025.
[
(2)
] 
(3)
 Section 
26-10-11
 is repealed July 1, 2020.
(4) Subsection 
26-18-417
(3) is repealed July 1, 2020.
[
(3) Section 
26-21-23
, Licensing of non-Medicaid nursing facility beds, is repealed
July 1, 2018.
]
[
(4)
] 
(5)
 Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
2024.
(6) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024.
(7) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
July 1, 2024.
[
(5)
] 
(8)
 Title 26, Chapter [
36a
] 
36d
, Hospital Provider Assessment Act, is repealed
July 1, [
] 
.
[
(6) Section 
26-38-2.5
 is repealed July 1, 2017.
]
[
(7) Section 
26-38-2.6
 is repealed July 1, 2017.
]
[
(8)
] 
(9)
 Title 26, Chapter 56, Hemp Extract Registration Act, is repealed January 1,
2019.
(10) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
July 1, 2026.
Section 135. Section 
63I-1-258
 is amended to read:
63I-1-258.
Repeal dates, Title 58.
(1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
repealed July 1, 2026.
(2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
(3) Title 58, Chapter [
20a
] 
20b
, Environmental Health Scientist Act, is repealed July 1,
[
] 
.
(4) Section 
58-37-4.3
 is repealed January 1, 2020.
(5) Subsection 
58-37-6
(7)(f)(iii) is repealed July 1, 2022, and the Office of Legislative
Research and General Counsel is authorized to renumber the remaining subsections
accordingly.
[
(5)
] 
(6)
 Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1,
2023.
[
(6)
] 
(7)
 Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing
Act, is repealed July 1, 2019.
[
(7)
] 
(8)
 Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1,
2025.
[
(8)
] 
(9)
 Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is
repealed July 1, 2023.
[
(9)
] 
(10)
 Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1,
2024.
[
(10)
] 
(11)
 Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed
July 1, 2026.
[
(11)
] 
(12)
 Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027. 
(13) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is
repealed July 1, 2021.
(14) The following sections are repealed on July 1, 2019:
(a) Section 
58-5a-502
;
(b) Section 
58-31b-502.5
;
(c) Section 
58-67-502.5
;
(d) Section 
58-68-502.5
; and
(e) Section 
58-69-502.5
.
Section 136. Section 
67-19-33
 is amended to read:
67-19-33.
Controlled substances and alcohol use prohibited.
[
An
] 
Except as provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, an
employee may not:
(1) manufacture, dispense, possess, use, distribute, or be under the influence of a
controlled substance or alcohol during work hours or on state property except where legally
permissible;
(2) manufacture, dispense, possess, use, or distribute a controlled substance or alcohol
if the activity prevents:
(a) state agencies from receiving federal grants or performing under federal contracts of
$25,000 or more; or
(b) the employee to perform his services or work for state government effectively as
regulated by the rules of the executive director in accordance with Section 
67-19-34
; or
(3) refuse to submit to a drug or alcohol test under Section 
67-19-36
.
Section 137. Section 
78A-6-508 (Superseded 07/01/19)
 is amended to read:
78A-6-508 (Superseded 07/01/19).
Evidence of grounds for termination.
(1) In determining whether a parent or parents have abandoned a child, it is prima facie
evidence of abandonment that the parent or parents:
(a) although having legal custody of the child, have surrendered physical custody of the
child, and for a period of six months following the surrender have not manifested to the child
or to the person having the physical custody of the child a firm intention to resume physical
custody or to make arrangements for the care of the child;
(b) have failed to communicate with the child by mail, telephone, or otherwise for six
months;
(c) failed to have shown the normal interest of a natural parent, without just cause; or
(d) have abandoned an infant, as described in Subsection 
78A-6-316
(1).
(2) In determining whether a parent or parents are unfit or have neglected a child the
court shall consider, but is not limited to, the following circumstances, conduct, or conditions:
(a) emotional illness, mental illness, or mental deficiency of the parent that renders the
parent unable to care for the immediate and continuing physical or emotional needs of the child
for extended periods of time;
(b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
nature;
(c) habitual or excessive use of intoxicating liquors, controlled substances, or
dangerous drugs that render the parent unable to care for the child;
(d) repeated or continuous failure to provide the child with adequate food, clothing,
shelter, education, or other care necessary for the child's physical, mental, and emotional health
and development by a parent or parents who are capable of providing that care;
(e) whether the parent is incarcerated as a result of conviction of a felony, and the
sentence is of such length that the child will be deprived of a normal home for more than one
year;
(f) a history of violent behavior; or
(g) whether the parent has intentionally exposed the child to pornography or material
harmful to a minor, as defined in Section 
76-10-1201
.
(3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent
[
because of the
] 
or otherwise consider a
 parent's 
lawful
 possession or consumption of cannabis
in a medicinal dosage form
, a cannabis product 
in a medicinal dosage form
, or a medical
cannabis device, 
as those terms are defined in Section 26-61a-102,
 in accordance with Title 26,
Chapter [
60b
] 
61a
, 
Utah
 Medical Cannabis Act.
(4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
(5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
unfit because of a health care decision made for a child by the child's parent unless the state or
other party to the proceeding shows, by clear and convincing evidence, that the health care
decision is not reasonable and informed.
(b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
obtain a second health care opinion.
(6) If a child has been placed in the custody of the division and the parent or parents
fail to comply substantially with the terms and conditions of a plan within six months after the
date on which the child was placed or the plan was commenced, whichever occurs later, that
failure to comply is evidence of failure of parental adjustment.
(7) The following circumstances constitute prima facie evidence of unfitness:
(a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
child, due to known or substantiated abuse or neglect by the parent or parents;
(b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
indicate the unfitness of the parent to provide adequate care to the extent necessary for the
child's physical, mental, or emotional health and development;
(c) a single incident of life-threatening or gravely disabling injury to or disfigurement
of the child;
(d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
commit murder or manslaughter of a child or child abuse homicide; or
(e) the parent intentionally, knowingly, or recklessly causes the death of another parent
of the child, without legal justification.
Section 138. Section 
78A-6-508 (Effective 07/01/19)
 is amended to read:
78A-6-508 (Effective 07/01/19).
Evidence of grounds for termination.
(1) In determining whether a parent or parents have abandoned a child, it is prima facie
evidence of abandonment that the parent or parents:
(a) although having legal custody of the child, have surrendered physical custody of the
child, and for a period of six months following the surrender have not manifested to the child
or to the person having the physical custody of the child a firm intention to resume physical
custody or to make arrangements for the care of the child;
(b) have failed to communicate with the child by mail, telephone, or otherwise for six
months;
(c) failed to have shown the normal interest of a natural parent, without just cause; or
(d) have abandoned an infant, as described in Subsection 
78A-6-316
(1).
(2) In determining whether a parent or parents are unfit or have neglected a child the
court shall consider, but is not limited to, the following circumstances, conduct, or conditions:
(a) emotional illness, mental illness, or mental deficiency of the parent that renders the
parent unable to care for the immediate and continuing physical or emotional needs of the child
for extended periods of time;
(b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
nature;
(c) habitual or excessive use of intoxicating liquors, controlled substances, or
dangerous drugs that render the parent unable to care for the child;
(d) repeated or continuous failure to provide the child with adequate food, clothing,
shelter, education, or other care necessary for the child's physical, mental, and emotional health
and development by a parent or parents who are capable of providing that care;
(e) whether the parent is incarcerated as a result of conviction of a felony, and the
sentence is of such length that the child will be deprived of a normal home for more than one
year;
(f) a history of violent behavior; or
(g) whether the parent has intentionally exposed the child to pornography or material
harmful to a minor, as defined in Section 
76-10-1201
.
(3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent
because of 
or otherwise consider
 the parent's 
lawful
 possession or consumption of cannabis 
in a
medicinal dosage form
, a cannabis product, 
as those terms are defined in Section 
26-61a-102
 or
a medical cannabis device, in accordance with Title 26, Chapter [
60b
] 
61a
, 
Utah
 Medical
Cannabis Act.
(4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
(5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
unfit because of a health care decision made for a child by the child's parent unless the state or
other party to the proceeding shows, by clear and convincing evidence, that the health care
decision is not reasonable and informed.
(b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
obtain a second health care opinion.
(6) If a child has been placed in the custody of the division and the parent or parents
fail to comply substantially with the terms and conditions of a plan within six months after the
date on which the child was placed or the plan was commenced, whichever occurs later, that
failure to comply is evidence of failure of parental adjustment.
(7) The following circumstances constitute prima facie evidence of unfitness:
(a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
child, due to known or substantiated abuse or neglect by the parent or parents;
(b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
indicate the unfitness of the parent to provide adequate care to the extent necessary for the
child's physical, mental, or emotional health and development;
(c) a single incident of life-threatening or gravely disabling injury to or disfigurement
of the child;
(d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
commit murder or manslaughter of a child or child abuse homicide; or
(e) the parent intentionally, knowingly, or recklessly causes the death of another parent
of the child, without legal justification.
Section 139. 
Repealer.
This bill repeals:
Section 
4-41-201
,
Title.
Section 
4-41-202
,
Definitions.
Section 
4-41-203
,
Department to cultivate cannabis.
Section 
4-41-301
,
Department to establish a state dispensary.
Section 
4-41-302
,
Labeling.
Section 
4-41-303
,
Department to set prices.
Section 
4-41-304
,
Department to make rules regarding purchasers, communication
-- Report.
Section 
4-41b-104
,
Preemption.
Section 
4-43-101
 (Effective 07/01/19),
Title.
Section 
4-43-102
 (Effective 07/01/19),
Definitions.
Section 
4-43-201
 (Effective 07/01/19),
Cannabidiol processor -- Cannabidiol
laboratory -- License -- Renewal.
Section 
4-43-202
 (Effective 07/01/19),
Renewal.
Section 
4-43-203
 (Effective 07/01/19),
Bond required for license.
Section 
4-43-301
 (Effective 07/01/19),
Cannabidiol processor and laboratory
agents.
Section 
4-43-401
 (Effective 07/01/19),
Cannabidiol processor or cannabidiol
laboratory -- General operating requirements.
Section 
4-43-402
 (Effective 07/01/19),
Cannabidiol processor or cannabidiol
laboratory -- Inspection by department.
Section 
4-43-501
 (Effective 07/01/19),
Cannabidiol processor -- Operating
requirements.
Section 
4-43-502
 (Effective 07/01/19),
Cannabidiol product.
Section 
4-43-503
 (Effective 07/01/19),
Cannabidiol medicine -- Labeling and
packaging.
Section 
4-43-601
 (Effective 07/01/19),
Hemp and cannabidiol product testing.
Section 
4-43-602
 (Effective 07/01/19),
Reporting -- Inspections.
Section 
4-43-701
 (Effective 07/01/19),
Enforcement -- Fine -- Citation.
Section 
4-43-702
 (Effective 07/01/19),
Report to the Legislature.
Section 
4-43-703
 (Effective 07/01/19),
Fees -- Deposit into Cannabinoid Product
Restricted Account.
Section 
4-43-801
 (Effective 07/01/19),
Cannabinoid Product Restricted Account --
Creation.
Section 
26-60b-104
,
Preemption.
Section 
58-67-808
 (Effective 07/01/19),
Recommendation of cannabidiol products.
Section 
58-68-808
 (Effective 07/01/19),
Recommendation of cannabidiol products.
Section 
58-85-103.5
,
Right to request a recommendation for a cannabis-based
treatment.
Section 
58-88-101
 (Effective 07/01/19),
Title.
Section 
58-88-102
 (Effective 07/01/19),
Definitions.
Section 
58-88-103
 (Effective 07/01/19),
Cannabidiol-qualified pharmacy
requirements.
Section 
58-88-104
 (Effective 07/01/19),
Division to make rules -- Study.
Section 
59-12-104.7
 (Repealed 01/01/19),
Reporting by purchaser of certain sales
and use tax exempt purchases.
Section 
59-12-104.9
 (Effective 07/01/19),
Exemption from sales tax for cannabinoid
products.
Section 
59-29-101
 (Effective 07/01/19),
Title.
Section 
59-29-102
 (Effective 07/01/19),
Definitions.
Section 
59-29-103
 (Effective 07/01/19),
Imposition of tax -- Rate -- Administration.
Section 
59-29-104
 (Effective 07/01/19),
Collection of tax.
Section 
59-29-105
 (Effective 07/01/19),
Deposit of tax revenue.
Section 
59-29-106
 (Effective 07/01/19),
Records.
Section 
59-29-107
 (Effective 07/01/19),
Rulemaking authority.
Section 
59-29-108
 (Effective 07/01/19),
Penalties and interest.
Section 140. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect upon approval by the governor, or the day following
the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
 (2) The amendments to Sections 
26-65-102
 (Effective (07/01/19), 
26-65-103
 (Effective
07/01/19), 
41-6a-517
 (Effective 07/01/19), 
58-37-3.6
 (Effective 07/01/19), and 
78A-6-508
(Effective 07/01/19) in this bill take effect on July 1, 2019.
Section 141. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication:
(1) in Sections 
4-41a-106
 and 
26-61a-114
 replace the language from "this bill" with
the bill's designated chapter number in the Laws of Utah; and
 (2) in Sections 
4-41a-201
, 
4-41a-301
, 
4-41a-401
, 
26-61a-202
, 
26-61a-301
, 
26-61a-401
,
26-61a-602
, and 
26-61a-606
, replace the language from "the effective date of this bill" to the
bill's actual effective date.