Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 81 (2021GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 2/25/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• delays the following existing operational deadlines for the medical cannabis program's electronic verification system:
• allowing qualified medical provider employee access to the system on behalf of the provider;
• allowing a prescribing provider access to information in the system regarding a patient the provider treats;
• allowing a parent or legal guardian who does not qualify for a medical cannabis guardian card to designate caregivers in the system;
• allowing for an individual from another state to register with the Utah Department of Health to purchase from a medical cannabis pharmacy on a limited basis; and
• allowing a patient to designate an assisted living facility, nursing care facility, or general acute hospital as a caregiver for medical cannabis purposes; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MEDICAL CANNABIS ELECTRONIC VERIFICATION
SYSTEM DEADLINE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
Francis D. Gibson
LONG TITLE
General Description:
This bill delays certain existing operational deadlines for the medical cannabis
program's electronic verification system.
Highlighted Provisions:
This bill:
▸ delays the following existing operational deadlines for the medical cannabis
program's electronic verification system:
• allowing qualified medical provider employee access to the system on behalf of
the provider;
• allowing a prescribing provider access to information in the system regarding a
patient the provider treats;
• allowing a parent or legal guardian who does not qualify for a medical cannabis
guardian card to designate caregivers in the system;
• allowing for an individual from another state to register with the Utah
Department of Health to purchase from a medical cannabis pharmacy on a
limited basis; and
• allowing a patient to designate an assisted living facility, nursing care facility, or
general acute hospital as a caregiver for medical cannabis purposes; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26-61a-103
, as last amended by Laws of Utah 2020, Chapter 12
26-61a-201
, as last amended by Laws of Utah 2020, Chapters 12 and 148
26-61a-202
, as last amended by Laws of Utah 2020, Chapter 12
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-61a-103
 is amended to read:
26-61a-103.
Electronic verification system.
(1) The Department of Agriculture and Food, the 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 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 the state electronic verification system in coordination with the Department of
Technology Services; and
(c) select a third-party provider who:
(i) meets the requirements contained in the request for proposals issued under
Subsection (1)(b); and
(ii) may not have any commercial or ownership interest in a cannabis production
establishment or a medical cannabis pharmacy.
(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):
(a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
medical cannabis guardian card, provided that the card may not become active until the
relevant qualified medical provider completes the associated medical cannabis
recommendation;
(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, or an employee described in Subsection (3)
acting on behalf of the 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;
(ii) electronically recommend, after an initial face-to-face visit with a patient described
in Subsection 
26-61a-201
(4)(b), treatment with cannabis in a medicinal dosage form or a
cannabis product in a medicinal dosage form and optionally recommend dosing guidelines;
(iii) electronically renew a recommendation to a medical cannabis patient cardholder or
medical cannabis guardian cardholder:
(A) using telehealth services, for the qualified medical provider who originally
recommended a medical cannabis treatment during a face-to-face visit with the patient; or
(B) during a face-to-face visit with the patient, for a qualified medical provider who
did not originally recommend the medical cannabis treatment during a face-to-face visit; and
(iv) notate a determination of physical difficulty or undue hardship, described in
Subsection 
26-61a-202
(1), to qualify a patient to designate a caregiver;
(d) connects with:
(i) an inventory control system that a medical cannabis pharmacy uses to track in real
time and archive purchases of any cannabis in a medicinal dosage form, cannabis product in a
medicinal dosage form, or a medical cannabis device, including:
(A) the time and date of each purchase;
(B) the quantity and type of cannabis, cannabis product, or medical cannabis device
purchased;
(C) any cannabis production establishment, any medical cannabis pharmacy, or any
medical cannabis courier associated with the cannabis, 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;
(e) provides access to:
(i) the department to the extent necessary to carry out the department's functions and
responsibilities under this chapter;
(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
41a, Cannabis Production Establishments; and
(iii) the Division of Occupational and Professional Licensing to the extent necessary to
carry out the 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, Utah Physician
Assistant Act;
(f) provides access to and interaction with the state central patient portal;
(g) provides access to state or local law enforcement:
(i) during a law enforcement encounter, without a warrant, using the individual's driver
license or state ID, only for the purpose of determining if the individual subject to the law
enforcement encounter has a valid medical cannabis card; or
(ii) after obtaining a warrant; and
(h) creates a record each time a person accesses the database that identifies the person
who accesses the database and the individual whose records the person accesses.
(3) (a) Beginning on the earlier of [
January
] 
September
 1, 2021, or the date on which
the electronic verification system is functionally capable of allowing employee access under
this Subsection (3), an employee of a qualified medical provider may access the electronic
verification system for a purpose described in Subsection (2)(c) on behalf of the qualified
medical provider if:
(i) the qualified medical provider has designated the employee as an individual
authorized to access the electronic verification system on behalf of the qualified medical
provider;
(ii) the qualified medical provider provides written notice to the department of the
employee's identity and the designation described in Subsection (3)(a)(i); and
(iii) the department grants to the employee access to the electronic verification system.
(b) An employee of a business that employs a qualified medical provider may access
the electronic verification system for a purpose described in Subsection (2)(c) on behalf of the
qualified medical provider if:
(i) the qualified medical provider has designated the employee as an individual
authorized to access the electronic verification system on behalf of the qualified medical
provider;
(ii) the qualified medical provider and the employing business jointly provide written
notice to the department of the employee's identity and the designation described in Subsection
(3)(b)(i); and
(iii) the department grants to the employee access to the electronic verification system.
(4) (a) As used in this Subsection (4), "prescribing provider" means:
(i) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(ii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(iii) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act.
(b) Beginning on the earlier of [
January
] 
September
 1, 2021, or the date on which the
electronic verification system is functionally capable of allowing provider access under this
Subsection (4), a prescribing provider may access information in the electronic verification
system regarding a patient the prescribing provider treats.
(5) The department may release limited data that the system collects for the purpose of:
(a) conducting medical and other department approved research;
(b) providing the report required by Section 
26-61a-703
; and
(c) other official department purposes.
(6) 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.
(7) (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.
(8) (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.
(9) (a) Except as provided in Subsection (9)(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 (9) 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 (9) in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(d) Civil penalties assessed under this Subsection (9) shall be deposited into the
General Fund.
(e) This Subsection (9) 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 about the patient with the patient.
Section 2. 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) or designates a caregiver under Subsection (2)(d) who is eligible for a
medical cannabis caregiver card under Section 
26-61a-202
.
(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.
(d) Beginning on the earlier of [
January
] 
September
 1, 2021, or the date on which the
electronic verification system is functionally capable of servicing the designation, if the parent
or legal guardian of a minor described in Subsections (2)(c)(i)(A) through (C) does not qualify
for a medical cannabis guardian card under Subsection (2)(b), the parent or legal guardian may
designate up to two caregivers in accordance with Subsection 
26-61a-202
(1)(c) to ensure that
the minor has adequate and safe access to the recommended medical cannabis treatment.
(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; 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 18 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; 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 during an initial face-to-face visit
with the patient; 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, 90 days;
(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:
(i) may possess:
(A) up to the legal dosage limit of unprocessed cannabis in a medicinal dosage form;
(B) up to the legal dosage limit of a cannabis product in a medicinal dosage form; and
(C) marijuana drug paraphernalia; and
(ii) is not subject to prosecution for the possession described in Subsection (7)(c)(i).
(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) On or before [
January
] 
September
 1, 2021, the department shall establish by
rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process
to allow an individual from another state to register with the [
Department of Health
]
department
 in order to purchase medical cannabis or a medical cannabis device from a medical
cannabis pharmacy while the individual is visiting the state.
(b) The department may only provide the registration process described in Subsection
(10)(a):
(i) to a nonresident patient; and
(ii) for no more than two visitation periods per calendar year of up to 21 calendar days
per visitation period.
(11) (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 (11)(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 (11)(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 (11), information about a cardholder under this section who consents to participate
under Subsection (11)(c).
(f) If an individual withdraws consent under Subsection (11)(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 3. Section 
26-61a-202
 is amended to read:
26-61a-202.
Medical cannabis caregiver card -- Registration -- Renewal --
Revocation.
(1) (a) A cardholder described in Section 
26-61a-201
 may designate, through the state
central patient portal, up to two individuals, or an individual and a facility in accordance with
Subsection (1)(b), to serve as a designated caregiver for the cardholder if a qualified medical
provider notates in the electronic verification system that the provider determines that, due to
physical difficulty or undue hardship, including concerns of distance to a medical cannabis
pharmacy, the cardholder needs assistance to obtain the medical cannabis treatment that the
qualified medical provider recommends.
(b) (i) Beginning on the earlier of [
January
] 
September
 1, 2021, or the date on which
the electronic verification system is functionally capable of servicing the designation, a
cardholder described in Section 
26-61a-201
 who is a patient in one of the following types of
facilities may designate the facility as one of the caregivers described in Subsection (1)(a):
(A) an assisted living facility, as that term is defined in Section 
26-21-2
;
(B) a nursing care facility, as that term is defined in Section 
26-21-2
; or
(C) a general acute hospital, as that term is defined in Section 
26-21-2
.
(ii) A facility may assign one or more employees to assist patients with medical
cannabis treatment under the caregiver designation described in this Subsection (1)(b).
(iii) The department shall make rules to regulate the practice of facilities and facility
employees serving as designated caregivers under this Subsection (1)(b).
(c) A parent or legal guardian described in Subsection 
26-61a-201
(2)(d), in
consultation with the minor and the minor's qualified medical provider, may designate, through
the state central patient portal, up to two individuals to serve as a designated caregiver for the
minor, if the department determines that the parent or legal guardian is not eligible for a
medical cannabis guardian card under Section 
26-61a-201
.
(2) An individual that the department registers as a designated caregiver under this
section and a facility described in Subsection (1)(b):
(a) for an individual designated caregiver, may carry a valid medical cannabis caregiver
card;
(b) 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 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;
(d) may accept reimbursement from the designating medical cannabis cardholder for
direct costs the designated caregiver incurs for assisting with the designating cardholder's
medicinal use of cannabis; and
(e) if a licensed medical cannabis pharmacy is not operating within the state after
January 1, 2021:
(i) may possess up to the legal dosage limit of:
(A) unprocessed medical cannabis in a medicinal dosage form;
(B) a cannabis product in a medicinal dosage form; and
(ii) may possess marijuana drug paraphernalia; and
(iii) is not subject to prosecution for the possession described in Subsection (2)(e)(i).
(3) (a) The department shall:
(i) within 15 days after the day on which an individual submits an application in
compliance with this section, issue a medical cannabis card to 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 caregiver card if the individual:
(a) is at least 21 years old;
(b) is a Utah resident;
(c) 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
;
(d) signs an acknowledgment stating that the applicant received the information
described in Subsection 
26-61a-201
(8); and
(e) has not been convicted of a misdemeanor or felony drug distribution offense that is
a felony under either state or federal law, unless the individual completes any imposed sentence
two or more years before the day on which the individual submits the application.
(5) An eligible applicant for a medical cannabis caregiver card shall:
(a) submit an application for a medical cannabis caregiver card to the department
through an electronic application connected to the state electronic verification system; and
(b) submit the following information in the application described in Subsection (5)(a):
(i) the applicant's name, gender, age, and address;
(ii) the name, gender, age, and address of the cardholder described in Section
26-61a-201
 who designated the 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) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the
department issues under this section is valid for the lesser of:
(a) an amount of time 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) 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) The department may revoke a medical cannabis caregiver card if the designated
caregiver:
(a) violates this chapter; or
(b) is convicted under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution.
Section 4. 
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.