Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 425 Third Substitute (2020GS)

Sponsor

Rep. Dailey-Provost, J.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• broadens the definition of a "research university" for purposes of academic medical cannabis research;
• amends a provision regarding disclosure of ownership interest for cannabis production establishments and medical cannabis pharmacies;
• amends provisions regarding licensing agencies giving consideration to existing license holders when granting additional licenses in certain circumstances;
• removes a provision limiting the size of signage for cannabis production establishments and medical cannabis pharmacies;
• identifies the material cannabis cultivation facilities may acquire from industrial hemp cultivators and processors;
• amends agency reporting requirements to include information regarding testing of cannabis and cannabis products;
• provides certain immunity from liability for employees and agents of healthcare facilities in certain circumstances;
• lengthens the validity of an initial medical cannabis card;
• allows a patient to renew a medical cannabis card for a longer period in certain circumstances;
• allows an individual physically present with a medical cannabis patient cardholder in an emergency medical condition to handle medical cannabis to assist the patient in the administration of the medical cannabis;
• allows an individual with a certain letter from a medical professional to purchase medical cannabis from a medical cannabis pharmacy during the 2020 calendar year; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MEDICAL CANNABIS MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions regarding medical cannabis.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ broadens the definition of a "research university" for purposes of academic medical
cannabis research;
▸ amends a provision regarding disclosure of ownership interest for cannabis
production establishments and medical cannabis pharmacies;
▸ amends provisions regarding licensing agencies giving consideration to existing
license holders when granting additional licenses in certain circumstances;
▸ removes a provision limiting the size of signage for cannabis production
establishments and medical cannabis pharmacies;
▸ identifies the material cannabis cultivation facilities may acquire from industrial
hemp cultivators and processors;
▸ amends agency reporting requirements to include information regarding testing of
cannabis and cannabis products;
▸ provides certain immunity from liability for employees and agents of healthcare
facilities in certain circumstances;
▸ lengthens the validity of an initial medical cannabis card;
▸ allows a patient to renew a medical cannabis card for a longer period in certain
circumstances;
▸ allows an individual physically present with a medical cannabis patient cardholder
in an emergency medical condition to handle medical cannabis to assist the patient
in the administration of the medical cannabis;
▸ allows an individual with a certain letter from a medical professional to purchase
medical cannabis from a medical cannabis pharmacy during the 2020 calendar year;
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 a coordination clause.
Utah Code Sections Affected:
AMENDS:
4-41a-102
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
4-41a-201
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
4-41a-403
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
4-41a-501
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
4-41a-802
, as renumbered and amended by Laws of Utah 2018, Third Special Session,
Chapter 1
26-61a-102
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-107
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-201
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-301
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-502
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-505
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
Utah Code Sections Affected by Coordination Clause:
4-41a-102
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
4-41a-201
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-102
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-107
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-301
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-502
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-41a-102
 is amended to read:
4-41a-102.
Definitions.
As used in this chapter:
(1) "Active tetrahydrocannabinol" means delta-9-tetrahydrocannabinol and
tetrahydrocannabinolic acid.
[
(1)
] 
(2)
 "Cannabis" means the same as that term is defined in Section 
26-61a-102
.
[
(2)
] 
(3)
 "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 cultivation facility, a cannabis
processing facility, or a medical cannabis research licensee.
[
(3)
] 
(4)
 "Cannabis cultivation facility agent" means an individual who:
(a) is an employee of a cannabis cultivation facility; and
(b) holds a valid cannabis production establishment agent registration card.
[
(4)
] 
(5)
 "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
Cannabinoid 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 pharmacy or a
medical cannabis research licensee.
[
(5)
] 
(6)
 "Cannabis processing facility agent" means an individual who:
(a) is an employee of a cannabis processing facility; and
(b) holds a valid cannabis production establishment agent registration card.
[
(6)
] 
(7)
 "Cannabis product" means the same as that term is defined in Section
26-61a-102
.
[
(7)
] 
(8)
 "Cannabis production establishment" means a cannabis cultivation facility, a
cannabis processing facility, or an independent cannabis testing laboratory.
[
(8)
] 
(9)
 "Cannabis production establishment agent" means a cannabis cultivation
facility agent, a cannabis processing facility agent, or an independent cannabis testing
laboratory agent.
[
(9)
] 
(10)
 "Cannabis production establishment agent registration card" means a
registration card 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.
[
(10)
] 
(11)
 "Community location" means a public or private school, a licensed
child-care facility or preschool, a church, a public library, a public playground, or a public park.
[
(11)
] 
(12)
 "Department" means the Department of Agriculture and Food.
[
(12)
] 
(13)
 "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)
] 
(14)
 "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)
] 
(15)
 "Independent cannabis testing laboratory agent" means an individual who:
(a) is an employee of an independent cannabis testing laboratory; and
(b) holds a valid cannabis production establishment agent registration card.
[
(15)
] 
(16)
 "Inventory control system" means a system described in Section 
4-41a-103
.
[
(16)
] 
(17)
 "Medical cannabis" means the same as that term is defined in Section
26-61a-102
.
[
(17)
] 
(18)
 "Medical cannabis card" means the same as that term is defined in Section
26-61a-102
.
[
(18)
] 
(19)
 "Medical cannabis pharmacy" means the same as that term is defined in
Section 
26-61a-102
.
[
(19)
] 
(20)
 "Medical cannabis pharmacy agent" means the same as that term is defined
in Section 
26-61a-102
.
[
(20)
] 
(21)
 "Medical cannabis research license" means a license that the department
issues to a research university for the purpose of obtaining and possessing medical cannabis for
academic research.
[
(21)
] 
(22)
 "Medical cannabis research licensee" means a research university that the
department licenses to obtain and possess medical cannabis for academic research, in
accordance with Section 
4-41a-901
.
[
(22)
] 
(23)
 "Medical cannabis treatment" means the same as that term is defined in
Section 
26-61a-102
.
[
(23)
] 
(24)
 "Medicinal dosage form" means the same as that term is defined in Section
26-61a-102
.
[
(24)
] 
(25)
 "Qualified medical provider" means the same as that term is defined in
Section 
26-61a-102
.
[
(25)
] 
(26)
 "Qualified Production Enterprise Fund" means the fund created in Section
4-41a-104
.
[
(26)
] 
(27)
 "Research university" means the same as that term is defined in Section
53B-7-702
and a private, nonprofit college or university in the state that:
(a) is accredited by the Northwest Commission on Colleges and Universities;
(b) grants doctoral degrees; and
(c) has a laboratory containing or a program researching a schedule I controlled
substance described in Section 
58-37-4
.
[
(27)
] 
(28)
 "State electronic verification system" means the system described in Section
26-61a-103
.
[
(28)
] 
(29)
 "Tetrahydrocannabinol" means a substance derived from cannabis or a
synthetic equivalent as described in Subsection 
58-37-4
(2)(a)(iii)(AA).
[
(29)
] 
(30)
 "Total composite tetrahydrocannabinol" means
[
delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid
] 
all detectable forms of
tetrahydrocannabinol
.
Section 2. Section 
4-41a-201
 is amended to read:
4-41a-201.
Cannabis production establishment -- License.
(1) A person may not operate a cannabis production establishment without a license
that the department issues under this chapter.
(2) (a) (i) Subject to Subsections (6), (7), (8), and (13) and to Section 
4-41a-205
:
(A) for a licensing process that the department initiated before September 23, 2019, the
department shall use the procedures in Title 63G, Chapter 6a, Utah Procurement Code, to
review and rank applications for a cannabis production establishment license; and
(B) for a licensing process that the department initiates after September 23, 2019, the
department shall issue a license to operate a cannabis production establishment in accordance
with the procedures described in Subsection (2)(a)(iii).
(ii) The department may not issue a license to operate a cannabis production
establishment to an applicant who is not eligible for a license under this section.
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules to specify a transparent and efficient process to:
(A) solicit applications for a license under this section;
(B) allow for comments and questions in the development of applications;
(C) timely and objectively evaluate applications;
(D) hold public hearings that the department deems appropriate; and
(E) select applicants to receive a license.
(b) An applicant is eligible for a license under this section if the applicant submits to
the department:
(i) subject to Subsection (2)(c), a proposed name and address, located in a zone
described in Subsection 
4-41a-406
(2)(a) or (b), where the applicant will operate the cannabis
production establishment;
(ii) the name and address of any individual who has:
(A) 
for a publicly traded company,
 a financial or voting interest of 2% or greater in the
proposed cannabis production establishment; [
or
]
(B) for a privately held company, a financial or voting interest in the proposed cannabis
production establishment; or
[
(B)
] 
(C)
 the power to direct or cause the management or control of a proposed
cannabis production establishment;
(iii) an operating plan that:
(A) complies with Section 
4-41a-204
;
(B) includes operating procedures that comply with this chapter and any law the
municipality or county in which the person is located adopts that is consistent with Section
4-41a-406
; and
(C) the department approves;
(iv) a statement that the applicant will obtain and maintain a performance bond that a
surety authorized to transact surety business in the state issues in an amount of at least:
(A) $250,000 for each cannabis cultivation facility for which the applicant applies; or
(B) $50,000 for each cannabis processing facility or independent cannabis testing
laboratory for which the applicant applies;
(v) an application fee in an amount that, subject to Subsection 
4-41a-104
(5), the
department sets in accordance with Section 
63J-1-504
; and
(vi) a description of any investigation or adverse action taken by any licensing
jurisdiction, government agency, law enforcement agency, or court in any state for any
violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
or businesses.
(c) (i) A person may not locate a cannabis production establishment:
(A) within 1,000 feet of a community location; or
(B) in or within 600 feet of a district that the relevant municipality or county has zoned
as primarily residential.
(ii) The proximity requirements described in Subsection (2)(c)(i) shall be 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.
(iii) The department may grant a waiver to reduce the proximity requirements in
Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible
for the applicant to site the proposed cannabis production establishment without the waiver.
(iv) An applicant for a license under this section shall provide evidence of compliance
with the proximity requirements described in Subsection (2)(c)(i).
(3) If the department approves an application for a license under this section:
(a) the applicant shall pay the department an initial license fee in an amount 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 (4)(b), the department shall require a separate
license for each type of cannabis production establishment and each location of a cannabis
production establishment.
(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) holds a license or has an ownership interest in a medical cannabis pharmacy, a
cannabis processing facility, or a cannabis cultivation facility;
(b) has an owner, officer, director, or employee whose family member holds a license
or has an ownership interest in a medical cannabis pharmacy, a cannabis processing facility, or
a cannabis cultivation facility; or
(c) proposes to operate the independent cannabis testing laboratory at the same physical
location as a medical cannabis 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 described in Subsection (2)(b)(ii):
(a) has been convicted under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution;
(b) is younger than 21 years old; or
(c) after September 23, 2019 until January 1, 2023, is actively serving as a legislator.
(8) 
(a)
 If an applicant for a cannabis production establishment license under this
section holds a license under Title 4, Chapter 41, Hemp and Cannabinoid Act, [
or
] 
the
department may not give preference to the applicant based on the applicant's status as a holder
of the license.
(b) If an applicant for a license to operate a cannabis cultivation facility under this
section holds a license to operate a medical cannabis pharmacy under
 Title 26, Chapter 61a,
Utah Medical Cannabis Act, the department:
[
(a)
] 
(i)
 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)
] 
(ii)
 may [
not
] give [
preference
] 
consideration
 to the applicant based on the
applicant's status as a holder of a 
medical cannabis pharmacy
 license [
described in this
Subsection (8).
] 
if:
(A) the applicant demonstrates that a decrease in costs to patients is more likely to
result from the applicant's vertical integration than from a more competitive marketplace; and
(B) the department finds multiple other factors, in addition to the existing license, that
support granting the new license.
(9) The department may revoke a license under this part:
(a) if the cannabis production establishment does not begin cannabis production
operations within one year 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;
(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 December 3, 2018, a misdemeanor for drug distribution; or
(d) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at
the time of application, or fails to supplement the information described in Subsection
(2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
application.
(10) (a) A person who receives a cannabis production establishment license under this
chapter, if the municipality or county where the licensed cannabis production establishment
will be located requires a local land use permit, shall submit to the department a copy of the
licensee's approved application for the land use permit within 120 days after the day on which
the department issues the license.
(b) If a licensee fails to submit to the department a copy of the licensee's approved land
use permit application in accordance with Subsection (10)(a), the department may revoke the
licensee's license.
(11) The department shall deposit the proceeds of a fee that the department imposes
under this section into the Qualified Production Enterprise Fund.
(12) The department shall begin accepting applications under this part on or before
January 1, 2020.
(13) (a) The department's authority to issue a license under this section is plenary and is
not subject to review.
(b) Notwithstanding Subsection (2)(a)(i)(A), the decision of the department to award a
license to an applicant is not subject to:
(i) Title 63G, Chapter 6a, Part 16, Protests; or
(ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
Section 3. Section 
4-41a-403
 is amended to read:
4-41a-403.
Advertising.
(1) Except as provided in Subsection (2), (3), or (4), a cannabis production
establishment may not advertise to the general public in any medium.
(2) A cannabis production establishment may advertise an employment opportunity at
the cannabis production establishment.
(3) A cannabis production establishment may maintain a website that:
(a) contains information about the establishment and employees; and
(b) does not advertise any medical cannabis, cannabis products, or medical cannabis
devices.
(4) Notwithstanding any municipal or county ordinance prohibiting signage, a cannabis
production establishment may use signage on the outside of the cannabis production
establishment that:
(a) includes only:
(i) the cannabis production establishment's name and hours of operation; and
(ii) a green cross; 
and
[
(b) does not exceed four feet by five feet in size; and
]
[
(c)
] 
(b)
 complies with local ordinances regulating signage.
Section 4. Section 
4-41a-501
 is amended to read:
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 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 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 the facility transfers to a medical cannabis pharmacy, a
cannabis processing facility, or an independent cannabis testing laboratory; and
(d) any excess, contaminated, or deteriorated cannabis of which the cannabis
cultivation facility disposes.
(3) In a cannabis cultivation facility's acquisition of material related to cannabis
cultivation, a cannabis cultivation facility may acquire industrial hemp, an industrial hemp
product, or industrial hemp waste from an industrial hemp cultivator or processor.
Section 5. Section 
4-41a-802
 is amended to read:
4-41a-802.
Report.
(1) At or before the November interim meeting each year, the department shall report to
the Health and Human Services Interim Committee on:
(a) the number of applications and renewal applications that the department receives
under this chapter;
(b) the number of each type of cannabis production facility that the department licenses
in each county;
(c) the amount of cannabis that licensees grow;
(d) the amount of cannabis that licensees manufacture into cannabis products;
(e) the number of licenses the department revokes under this chapter; [
and
]
(f) the department's operation of an independent cannabis testing laboratory under
Section 
4-41a-201
, including:
(i) the cannabis and cannabis products the department tested; and
(ii) the results of the tests the department performed; and
[
(f)
] 
(g)
 the expenses incurred and revenues generated under this chapter.
(2) The department may not include personally identifying information in the report
described in this section.
Section 6. Section 
26-61a-102
 is amended to read:
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.
(3) "Cannabis" means marijuana.
(4) "Cannabis cultivation facility" means the same as that term is defined in Section
4-41a-102
.
(5) "Cannabis processing facility" means the same as that term is defined in Section
4-41a-102
.
(6) "Cannabis product" means a product that:
(a) is intended for human use; and
(b) contains cannabis or tetrahydrocannabinol.
(7) "Cannabis production establishment" means the same as that term is defined in
Section 
4-41a-102
.
(8) "Cannabis production establishment agent" means the same as that term is defined
in Section 
4-41a-102
.
(9) "Cannabis production establishment agent registration card" means the same as that
term is defined in Section 
4-41a-102
.
(10) "Community location" means a public or private school, a licensed child-care
facility or preschool, a church, a public library, a public playground, or a public park.
(11) "Department" means the Department of Health.
(12) "Designated caregiver" means an individual:
(a) whom 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 
26-61a-202
.
(13) "Dosing [
parameters"
] 
guidelines"
 means 
a
 quantity[
, routes,
] 
range
 and frequency
of administration for a recommended treatment of 
medical
 cannabis [
in a medicinal dosage
form or a cannabis product in a medicinal dosage form
].
(14) "Financial institution" means a bank, trust company, savings institution, or credit
union, chartered and supervised under state or federal law.
(15) "Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy
that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis
shipments to a medical cannabis cardholder's home address to fulfill electronic orders that the
state central patient portal facilitates.
(16) "Independent cannabis testing laboratory" means the same as that term is defined
in Section 
4-41a-102
.
(17) "Inventory control system" means the system described in Section 
4-41a-103
.
(18) "Legal dosage limit" means an amount that:
(a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the
relevant qualified medical provider or the pharmacy medical provider, in accordance with
Subsection 
26-61a-201
(4) or (5), recommends; and
(b) may not exceed:
(i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
(ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total,
greater than 20 grams of active tetrahydrocannabinol.
[
(18)
] 
(19)
 "Marijuana" means the same as that term is defined in Section 
58-37-2
.
[
(19)
] 
(20)
 "Medical cannabis" means cannabis in a medicinal dosage form or a
cannabis product in a medicinal dosage form.
[
(20)
] 
(21)
 "Medical cannabis card" means a medical cannabis patient card, a medical
cannabis guardian card, or a medical cannabis caregiver card.
[
(21)
] 
(22)
 "Medical cannabis cardholder" means a holder of a medical cannabis card.
[
(22)
] 
(23)
 "Medical cannabis caregiver card" means an electronic document that a
cardholder may print or store on an electronic device or a physical card or document that:
(a) the department issues to an individual whom a medical cannabis patient cardholder
or a medical cannabis guardian cardholder designates as a designated caregiver; and
(b) is connected to the electronic verification system.
[
(23)
] 
(24)
 "Medical cannabis courier" means a courier that:
(a) the department licenses in accordance with Section 
26-61a-604
; and
(b) contracts with a home delivery medical cannabis pharmacy to deliver medical
cannabis shipments to fulfill electronic orders that the state central patient portal facilitates.
[
(24)
] 
(25)
 (a) "Medical cannabis device" means a device that an individual uses to
ingest or inhale 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.
[
(25)
] 
(26)
 "Medical cannabis guardian card" means an electronic document that a
cardholder may print or store on an electronic device or a physical card or document 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.
[
(26)
] 
(27)
 "Medical cannabis patient card" means an electronic document that a
cardholder may print or store on an electronic device or a physical card or document that:
(a) the department issues to an individual with a qualifying condition; and
(b) is connected to the electronic verification system.
[
(27)
] 
(28)
 "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.
[
(28)
] 
(29)
 "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.
[
(29)
] 
(30)
 "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.
[
(30)
] 
(31)
 "Medical cannabis shipment" means a shipment of medical cannabis or a
medical cannabis product that a home delivery medical cannabis pharmacy or a medical
cannabis courier delivers to a medical cannabis cardholder's home address to fulfill an
electronic medical cannabis order that the state central patient portal facilitates.
[
(31)
] 
(32)
 "Medical cannabis treatment" means cannabis in a medicinal dosage form, a
cannabis product in a medicinal dosage form, or a medical cannabis device.
[
(32)
] 
(33)
 (a) "Medicinal dosage form" means:
(i) for processed medical cannabis or a medical cannabis product, the following 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 (32)(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) after December 31, 2020, 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 (32)(a)(ii) for use; and
(ii) does not exceed the quantity described in Subsection (32)(a)(ii).
(c) "Medicinal dosage form" does not include:
(i) any unprocessed cannabis flower outside of the blister pack, except as provided in
Subsection (32)(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.
[
(33)
] 
(34)
 "Payment provider" means an entity that contracts with a cannabis
production establishment or medical cannabis pharmacy to facilitate transfers of funds between
the establishment or pharmacy and other businesses or individuals.
[
(34)
] 
(35)
 "Pharmacy medical provider" means the medical provider required to be on
site at a medical cannabis pharmacy under Section 
26-61a-403
.
[
(35)
] 
(36)
 "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.
[
(36)
] 
(37)
 "Qualified medical provider" means an individual who is qualified to
recommend treatment with cannabis in a medicinal dosage form under Section 
26-61a-106
.
[
(37)
] 
(38)
 "Qualified Patient Enterprise Fund" means the enterprise fund created in
Section 
26-61a-109
.
[
(38)
] 
(39)
 "Qualifying condition" means a condition described in Section 
26-61a-104
.
[
(39)
] 
(40)
 "State central patient portal" means the website the department creates, in
accordance with Section 
26-61a-601
, to facilitate patient safety, education, and an electronic
medical cannabis order.
[
(40)
] 
(41)
 "State central patient portal medical provider" means a physician or
pharmacist that the department employs in relation to the state central patient portal to consult
with medical cannabis cardholders in accordance with Section 
26-61a-602
.
[
(41)
] 
(42)
 "State electronic verification system" means the system described in Section
26-61a-103
.
[
(42)
] 
(43)
 "Valid form of photo identification" means a valid United States federal- or
state-issued photo identification, including:
(a) a driver license;
(b) a United States passport;
(c) a United States passport card; or
(d) a United States military identification card.
Section 7. Section 
26-61a-107
 is amended to read:
26-61a-107.
Standard of care -- Physicians and pharmacists not liable -- No
private right of action.
(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 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, Title 58,
Chapter 68, Utah Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Utah 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, Utah 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; and
(ii) who dispenses, in a 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.
(4) (a) As used in this Subsection (4), "healthcare facility" means the same as that term
is defined in Section 
26-21-2
.
(b) A healthcare facility may adopt restrictions on the possession, use, and storage of
medical cannabis on the premises of the healthcare facility by a medical cannabis cardholder
who resides at or is actively receiving treatment or care at the healthcare facility.
(c) An employee or agent of a healthcare facility described in this Subsection (4) is not
subject to civil or criminal liability for carrying out employment duties, including:
(i) providing or supervising care to a medical cannabis cardholder; or
(ii) in accordance with a caregiver designation under Section 
26-61a-201
 for a medical
cannabis cardholder residing at the healthcare facility, purchasing, transporting, or possessing
medical cannabis for the relevant patient and in accordance with the designation.
(d) Nothing in this section requires a healthcare facility to adopt a restriction under
Subsection (4)(b).
Section 8. Section 
26-61a-201
 is amended to read:
26-61a-201.
Medical cannabis patient card -- Medical cannabis guardian card
application -- Fees -- Studies.
(1) On or before March 1, 2020, the department shall, within 15 days after the day on
which an individual who satisfies the eligibility criteria in this section or Section 
26-61a-202
submits an application in accordance with this section or Section 
26-61a-202
:
(a) issue a medical cannabis patient card to an individual 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:
(i) (A) the individual is at least 21 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;
(iii) the individual's qualified medical provider recommends treatment with medical
cannabis in accordance with Subsection (4);
(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) 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 for whom the minor's qualified medical
provider recommends a medical cannabis 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 described in
Subsection (2)(a) or (b) shall submit an application for a medical cannabis card to the
department:
(i) through an electronic application connected to the state electronic verification
system;
(ii) with the recommending qualified medical provider while in the recommending
qualified medical provider's office; and
(iii) with information including:
(A) the applicant's name, gender, age, and address;
(B) the number of the applicant's valid form of photo identification;
(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).
]
; and
(C) an individual of any age who is physically present with the cardholder in the event
of an emergency medical condition, as that term is defined in Section 
31A-22-627
, 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.
(iii) A non-cardholding individual acting under Subsection (3)(c)(ii)(B) 
or (C)
 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) To recommend a medical cannabis treatment to 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
(b) state in the qualified medical provider's recommendation that the patient:
(i) suffers from a qualifying condition, including the type of qualifying condition; and
(ii) may benefit from treatment with cannabis in a medicinal dosage form or a cannabis
product in a medicinal dosage form.
(5) (a) Except as provided in Subsection (5)(b), a medical cannabis card that the
department issues under this section is valid for the lesser of:
(i) an amount of time that the qualified medical provider determines; or
(ii) (A) for the first issuance, [
] 
 days; [
or
]
(B) 
except as provided in Subsection (5)(a)(ii)(C),
 for a renewal, six months[
.
]
; or
(C) for a renewal, one year if, after at least one year following the issuance of the
original medical cannabis card, the qualified medical provider determines that the patient has
been stabilized on the medical cannabis treatment and a one-year renewal period is justified.
(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.
(7) (a) A cardholder under this section shall carry 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 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.
(iii) To address the qualifying 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.
(c) If a licensed medical cannabis pharmacy is not operating within the state after
January 1, 2021, 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.
(9) The department may establish procedures by rule, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to implement the application and issuance
provisions of this section.
(10) (a) A person may submit to the department a request to conduct a research study
using medical cannabis cardholder data that the state electronic verification system contains.
(b) The department shall review a request described in Subsection (10)(a) to determine
whether an institutional review board, as that term is defined in Section 
26-61-102
, could
approve the research study.
(c) At the time an individual applies for a medical cannabis card, the department shall
notify the individual:
(i) of how the individual's information will be used as a cardholder;
(ii) that by applying for a medical cannabis card, unless the individual withdraws
consent under Subsection (10)(d), the individual consents to the use of the individual's
information for external research; and
(iii) that the individual may withdraw consent for the use of the individual's
information for external research at any time, including at the time of application.
(d) An applicant may, through the medical cannabis card application, and a medical
cannabis cardholder may, through the state central patient portal, withdraw the applicant's or
cardholder's consent to participate in external research at any time.
(e) The department may release, for the purposes of a study described in this
Subsection (10), information about a cardholder under this section who consents to participate
under Subsection (10)(c).
(f) If an individual withdraws consent under Subsection (10)(d), the withdrawal of
consent:
(i) applies to external research that is initiated after the withdrawal of consent; and
(ii) does not apply to research that was initiated before the withdrawal of consent.
(g) 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 9. Section 
26-61a-301
 is amended to read:
26-61a-301.
 Medical cannabis pharmacy -- License -- Eligibility.
(1) A person may not operate as a medical cannabis pharmacy without a license that
the department issues under this part.
(2) (a) (i) Subject to Subsections (4) and (5) and to Section 
26-61a-305
, the department
shall issue a license to operate a medical cannabis pharmacy in accordance with Title 63G,
Chapter 6a, Utah Procurement Code.
(ii) The department may not issue a license to operate a medical cannabis pharmacy to
an applicant who is not 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:
(i) subject to Subsection (2)(c), a proposed name and address where the applicant will
operate the medical cannabis pharmacy;
(ii) the name and address of an individual who:
(A) 
for a publicly traded company,
 has a financial or voting interest of 2% or greater in
the proposed medical cannabis pharmacy; [
or
]
(B) 
for a privately held company, a financial or voting interest in the proposed medical
cannabis pharmacy; or
(C)
 has the power to direct or cause the management or control of a proposed 
medical
cannabis [
production establishment
] 
pharmacy
;
(iii) a statement that the applicant will obtain and maintain 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 that the applicant submits to the department;
(iv) an operating plan that:
(A) complies with Section 
26-61a-304
;
(B) includes operating procedures to comply with the operating requirements for a
medical cannabis pharmacy described in this chapter and with a relevant municipal or county
law that is consistent with Section 
26-61a-507
; and
(C) the department approves;
(v) an application fee in an amount that, subject to Subsection 
26-61a-109
(5), the
department sets in accordance with Section 
63J-1-504
; and
(vi) a description of any investigation or adverse action taken by any licensing
jurisdiction, government agency, law enforcement agency, or court in any state for any
violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
or businesses.
(c) (i) A person may not locate a medical cannabis pharmacy:
(A) within 200 feet of a community location; or
(B) in or within 600 feet of a district that the relevant municipality or county has zoned
as primarily residential.
(ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
from the nearest entrance to the medical cannabis pharmacy establishment by following the
shortest route of ordinary pedestrian travel to the property boundary of the community location
or residential area.
(iii) The department may grant a waiver to reduce the proximity requirements in
Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible
for the applicant to site the proposed medical cannabis pharmacy without the waiver.
(iv) An applicant for a license under this section shall provide evidence of compliance
with the proximity requirements described in Subsection (2)(c)(i).
(d) The department may not issue a license to an eligible applicant that the department
has selected to receive a license until the selected eligible applicant obtains the performance
bond described in Subsection (2)(b)(iii).
(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.
(3) If the department selects an applicant for a medical cannabis pharmacy license
under this section, the department shall:
(a) charge the applicant an initial license fee in an amount 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).
(4) The department may not issue a license to operate a medical cannabis pharmacy to
an applicant if an individual described in Subsection (2)(b)(ii):
(a) has been convicted under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution;
(b) is younger than 21 years old; or
(c) after the effective date of this bill until January 1, 2023, is actively serving as a
legislator.
(5) 
(a)
 If an applicant for a medical cannabis pharmacy license under this section holds
a license under Title 4, Chapter 41, Hemp and Cannabinoid Act, [
or
] 
the department may not
give preference to the applicant based on the applicant's status as a holder of the license.
(b) If an applicant for a medical cannabis pharmacy license under this section holds a
license to operate a cannabis cultivation facility under
 Title 4, Chapter 41a, Cannabis
Production Establishments, the department:
[
(a)
] 
(i)
 shall consult with the Department of Agriculture and Food regarding the
applicant; and
[
(b)
] 
(ii)
 may [
not
] give [
preference
] 
consideration
 to the applicant based on the
applicant's status as a holder of a license [
described in this Subsection (5).
] 
to operate a
cannabis cultivation facility if:
(A) the applicant demonstrates that a decrease in costs to patients is more likely to
result from the applicant's vertical integration than from a more competitive marketplace; and
(B) the department finds multiple other factors, in addition to the existing license, that
support granting the new license.
(6) The department may revoke a license under this part if:
(a) the medical cannabis pharmacy does not begin operations within one year 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;
(c) an individual described in Subsection (2)(b)(ii) is convicted, while the license is
active, under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution; or
(d) the licensee fails to provide the information described in Subsection (2)(b)(vi) at
the time of application, or fails to supplement the information described in Subsection
(2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
application.
(7) (a) A person who receives a medical cannabis pharmacy license under this chapter,
if the municipality or county where the licensed medical cannabis pharmacy will be located
requires a local land use permit, shall submit to the department a copy of the licensee's
approved application for the land use permit within 120 days after the day on which the
department issues the license.
(b) If a licensee fails to submit to the department a copy the licensee's approved land
use permit application in accordance with Subsection (7)(a), the department may revoke the
licensee's license.
(8) The department shall deposit the proceeds of a fee imposed by this section in the
Qualified Patient Enterprise Fund.
(9) The department shall begin accepting applications under this part on or before
March 1, 2020.
(10) (a) The department's authority to issue a license under this section is plenary and is
not subject to review.
(b) Notwithstanding Subsection (2), the decision of the department to award a license
to an applicant is not subject to:
(i) Title 63G, Chapter 6a, Part 16, Protests; or
(ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
Section 10. Section 
26-61a-502
 is amended to read:
26-61a-502.
Dispensing -- Amount a medical cannabis pharmacy may dispense --
Reporting -- Form of cannabis or cannabis product.
(1) (a) A medical cannabis pharmacy may not sell a product other than, subject to this
chapter:
(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
;
(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
;
(iii) a medical cannabis device; or
(iv) educational material related to the medical use of cannabis.
(b) A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to
an individual with:
(i) 
(A)
 a medical cannabis card; [
and
] 
or
(B) until December 31, 2020, a letter from a medical provider in accordance with
Subsection (10); and
(ii) a corresponding valid form of photo identification.
(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.
(2) A medical cannabis pharmacy may not dispense:
(a) to a medical cannabis cardholder 
or to an individual described in Subsection (10)(b)
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
(b) to an individual whose qualified medical provider
, or for an individual described in
Subsection (10)(a), the medical professional described in Subsection (10)(a)(i),
 did not
recommend dosing parameters, until the individual consults with the pharmacy medical
provider in accordance with Subsection (4), any 
medical
 cannabis [
or cannabis products
].
(3) An individual with a medical cannabis card 
or an individual described in
Subsection (10)(a)
 may not purchase:
(a) more cannabis or cannabis products than the amounts designated in Subsection (2)
in any one 28-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 
medical
 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 
medical
 cannabis [
and cannabis products
]; and
(iii) the patient's current medication list; and
(b) before the relevant medical cannabis cardholder may obtain 
medical
 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) unless the pertinent medical records show dosing parameters from a state central
patient portal medical provider in accordance with Subsection (5), 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) A state central patient portal medical provider may provide the consultation and
make the determination described in Subsection (4)(b) for a medical cannabis patient
cardholder regarding an electronic order that the state central patient portal facilitates.
(b) The state central patient portal medical provider described in Subsection (5)(a)
shall document the dosing parameters determined under Subsection (5)(a) in the pertinent
medical records.
(6) A medical cannabis pharmacy shall:
(a) (i) access the state electronic verification system before dispensing cannabis or a
cannabis product to a medical cannabis cardholder in order to determine if the cardholder or,
where applicable, the associated patient has met the maximum amount of 
medical
 cannabis [
or
cannabis products
] described in Subsection (2); and
(ii) if the verification in Subsection (6)(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 pharmacy dispenses 
medical
 cannabis [
or a cannabis product
] to a medical cannabis
cardholder;
(c) package any 
medical
 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.
(7) (a) Except as provided in Subsection (7)(b), a 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) A 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.
(8) A medical cannabis pharmacy may not give, at no cost, a product that the medical
cannabis pharmacy is allowed to sell under Subsection (1).
(9) 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
.
(10) (a) Except as provided in Subsection (10)(b), until December 31, 2020, an
individual may purchase up to the legal dosage limit of an item listed in Subsection (1)(a) from
a licensed medical cannabis pharmacy if:
(i) the individual presents to the medical cannabis pharmacy a letter from the medical
professional described in Subsection 
58-37-3.7
(2)(a)(i)(B) that indicates the medical
professional's medical cannabis recommendation for the individual;
(ii) the medical cannabis pharmacy receives independent confirmation from the
medical professional described in Subsection (10)(a)(i) or an employee of the medical
professional that the letter is valid;
(iii) the medical cannabis pharmacy:
(A) scans or photocopies the individual's letter and the individual's valid form of photo
identification;
(B) creates a record of the transaction, including the documents described in
Subsection (10)(a)(iii)(A), the date of purchase, and the type and quantity of medical cannabis
the individual purchased; and
(C) provides information to the individual about obtaining a medical cannabis card;
and
(iv) unless the medical professional recommends specific directions of using and
dosing guidelines in the letter, the pharmacy medical provider determines the best course of
treatment through consultation with the individual regarding:
(A) the individual's qualifying condition underlying the recommendation from the
medical professional;
(B) indications for available treatments;
(C) directions of use and dosing guidelines; and
(D) potential adverse reactions.
(b) (i) An individual who purchases medical cannabis from a medical cannabis
pharmacy under Subsection (10)(a) may not purchase medical cannabis from a different
medical cannabis pharmacy under Subsection (10)(a).
(ii) If the department notifies a medical cannabis pharmacy, in accordance with
Subsection (10)(c), of an individual purchasing medical cannabis under Subsection (10)(a)
from more than one medical cannabis pharmacy, a medical cannabis pharmacy may not sell an
item listed in Subsection (1)(a) to the individual under Subsection (10)(a).
(iii) An individual may not purchase medical cannabis under Subsection (10)(a) if the
individual is a medical cannabis cardholder.
(c) (i) Until December 31, 2020, on or before the first day of each month, each medical
cannabis pharmacy shall provide to the department, in a secure manner, information identifying
each individual who has purchased medical cannabis from the medical cannabis pharmacy
under Subsection (10)(a).
(ii) The department shall review information the department receives under Subsection
(10)(c)(i) to identify any individuals who:
(A) have purchased medical cannabis under Subsection (10)(a) from more than one
pharmacy; or
(B) hold a medical cannabis card.
(iii) If the department identifies an individual described in Subsection (10)(c)(ii), the
department shall notify each medical cannabis pharmacy regarding:
(A) the identification of the individual; and
(B) the individual's ineligibility to purchase medical cannabis for a reason described in
Subsection (10)(b).
Section 11. Section 
26-61a-505
 is amended to read:
26-61a-505.
Advertising.
(1) Except as provided in Subsections (2) and (3), a medical cannabis pharmacy may
not advertise in any medium.
(2) Notwithstanding any municipal or county ordinance prohibiting signage, a medical
cannabis pharmacy may use signage on the outside of the medical cannabis pharmacy that:
(a) includes only:
(i) the medical cannabis pharmacy's name and hours of operation; and
(ii) a green cross; 
and
[
(b) does not exceed four feet by five feet in size; and
]
[
(c)
] 
(b)
 complies with local ordinances regulating signage.
(3) A medical cannabis pharmacy may maintain a website that includes information
about:
(a) the location and hours of operation of the medical cannabis pharmacy;
(b) a product or service available at the medical cannabis pharmacy;
(c) personnel affiliated with the medical cannabis pharmacy;
(d) best practices that the medical cannabis pharmacy upholds; and
(e) educational material related to the medical use of cannabis.
Section 12. 
Effective date.
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.
Section 13. 
 Coordinating H.B. 425 with S.B. 121 -- Substantive and technical
amendments.
If this H.B. 425 and S.B. 121, Medical Cannabis Amendments, both pass and become
law, it is the intent of the Legislature that the Office of Legislative Research and General
Counsel shall prepare the Utah Code database for publication as follows:
(1) the amendments to Section 
4-41a-102
 regarding the definition of "cannabis
cultivation facility" in this bill supersede the amendments to Section 
4-41a-102
 regarding the
definition of "cannabis cultivation facility" in S.B. 121;
(2) the amendments to Subsection 
4-41a-201
(8) in this bill supersede the amendments
to Subsection 
4-41a-201
(8) in S.B. 121;
(3) the amendments to Section 
26-61a-102
 regarding the definition of "legal dosage
limit" in this bill supersede the amendments to Section 
26-61a-102
 regarding the definition of
"legal dosage limit" in S.B. 121;
(4) the amendments to Section 
26-61a-107
 in this bill supersede the amendments to
Section 
26-61a-107
 in S.B. 121;
(5) the amendments to Subsection 
26-61a-301
(5) in this bill supersede the amendments
to Subsection 
26-61a-301
(5) in S.B. 121; and
(6) Subsection 
26-61a-502
(1)(b) is amended to read:
"
(b) A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to
an individual with:
(i) 
(A)
 a medical cannabis card; [
and
]
(B) a department registration described in Subsection 
26-61a-202
(10); or
(C) until December 31, 2020, a letter from a medical provider in accordance with
Subsection (10); and".