Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 195 Second Substitute (2022GS)

Sponsor

Sen. Escamilla, L.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires a hospice program to provide at least one qualified medical provider;
• renames the Cannabinoid Product Board as the Cannabis Research Review Board (board);
• requires physician members of the board to be qualified medical providers;
• adds acute pain for which a medical professional may generally prescribe opioids as a qualifying condition for a limited supply of medical cannabis;
• amends provisions related to advertising regarding medical cannabis;
• requires a recommending medical provider to consider a patient's history of substance use or opioid use disorder before recommending medical cannabis;
• amends provisions regarding the process to renew a medical cannabis card;
• allows a designated caregiver facility to receive medical cannabis shipments on behalf of a resident patient;
• codifies a rule regarding the names and logos of medical cannabis pharmacies;
• clarifies the enforcement authority of the Department of Health in relation to licensed medical cannabis couriers;
• requires certain individuals overseeing certain higher education medical training to be qualified medical providers; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MEDICAL CANNABIS ACCESS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
Raymond P. Ward
LONG TITLE
General Description:
This bill amends provisions regarding patient access and medical professionals in
relation to medical cannabis.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a hospice program to provide at least one qualified medical provider;
▸ renames the Cannabinoid Product Board as the Cannabis Research Review Board
(board);
▸ requires physician members of the board to be qualified medical providers;
▸ adds acute pain for which a medical professional may generally prescribe opioids as
a qualifying condition for a limited supply of medical cannabis;
▸ amends provisions related to advertising regarding medical cannabis;
▸ requires a recommending medical provider to consider a patient's history of
substance use or opioid use disorder before recommending medical cannabis;
▸ amends provisions regarding the process to renew a medical cannabis card;
▸ allows a designated caregiver facility to receive medical cannabis shipments on
behalf of a resident patient;
▸ codifies a rule regarding the names and logos of medical cannabis pharmacies;
▸ clarifies the enforcement authority of the Department of Health in relation to
licensed medical cannabis couriers;
▸ requires certain individuals overseeing certain higher education medical training to
be qualified medical providers; 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:
4-41a-102
, as last amended by Laws of Utah 2021, Chapters 337 and 350
26-21-2.1
, as last amended by Laws of Utah 1997, Chapter 209
26-61-102
, as enacted by Laws of Utah 2017, Chapter 398
26-61-201
, as last amended by Laws of Utah 2018, Chapter 110
26-61a-102
, as last amended by Laws of Utah 2021, Chapters 337 and 350
26-61a-104
, as last amended by Laws of Utah 2020, Chapter 12
26-61a-105
, as last amended by Laws of Utah 2021, Chapter 350
26-61a-106
, as last amended by Laws of Utah 2021, Chapters 337 and 350
26-61a-201
, as last amended by Laws of Utah 2021, Chapters 17, 337, and 350 and
further amended by Revisor Instructions, Laws of Utah 2021, Chapter 337
26-61a-202
, as last amended by Laws of Utah 2021, Chapters 17, 337, and 350
26-61a-403
, as last amended by Laws of Utah 2021, Chapters 337 and 350
26-61a-505
, as last amended by Laws of Utah 2021, Chapter 350
26-61a-604
, as last amended by Laws of Utah 2020, Chapter 354
26-61a-607
, as last amended by Laws of Utah 2021, Chapter 350
26-61a-702
, as last amended by Laws of Utah 2020, Chapter 354
ENACTS:
26-61a-116
, Utah Code Annotated 1953
53B-17-903
, Utah Code Annotated 1953
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) "Adulterant" means any poisonous or deleterious substance in a quantity that may
be injurious to health, including:
(a) pesticides;
(b) heavy metals;
(c) solvents;
(d) microbial life;
(e) toxins; or
(f) foreign matter.
(2) [
"Cannabinoid Product
] 
"Cannabis Research Review
 Board" means the
[
Cannabinoid Product
] 
Cannabis Research Review
 Board created in Section 
26-61-201
.
(3) "Cannabis" means the same as that term is defined in Section 
26-61a-102
.
(4) "Cannabis concentrate" means:
(a) the product of any chemical or physical process applied to naturally occurring
biomass that concentrates or isolates the cannabinoids contained in the biomass; and
(b) any amount of a natural, derivative, or synthetic cannabinoid in the synthetic
cannabinoid's purified state.
(5) "Cannabis cultivation byproduct" means any portion of a cannabis plant that is not
intended to be sold as a cannabis plant product.
(6) "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.
(7) "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.
(8) "Cannabis derivative product" means a product made using cannabis concentrate.
(9) "Cannabis plant product" means any portion of a cannabis plant intended to be sold
in a form that is recognizable as a portion of a cannabis plant.
(10) "Cannabis processing facility" means a person that:
(a) acquires or intends to acquire cannabis from a cannabis production establishment;
(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.
(11) "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.
(12) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
(13) "Cannabis production establishment" means a cannabis cultivation facility, a
cannabis processing facility, or an independent cannabis testing laboratory.
(14) "Cannabis production establishment agent" means a cannabis cultivation facility
agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent.
(15) "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.
(16) "Community location" means a public or private elementary or secondary school,
a church, a public library, a public playground, or a public park.
(17) "Cultivation space" means, quantified in square feet, the horizontal area in which
a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the
cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other
plants in multiple levels.
(18) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid
identified as CAS# 1972-08-03, the primary psychotropic cannabinoid in cannabis.
(19) "Department" means the Department of Agriculture and Food.
(20) "Derivative cannabinoid" means any cannabinoid that has been intentionally
created using a process to convert a naturally occurring cannabinoid into another cannabinoid.
(21) "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.
(22) (a) "Independent cannabis testing laboratory" means a person that:
(i) conducts a chemical or other analysis of cannabis or a cannabis product; or
(ii) 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.
(b) "Independent cannabis testing laboratory" includes a laboratory that the department
operates in accordance with Subsection 
4-41a-201
(14).
(23) "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.
(24) "Industrial hemp waste" means:
(a) a cannabinoid extract above 0.3% total THC derived from verified industrial hemp
biomass; or
(b) verified industrial hemp biomass with a total THC concentration of less than 0.3%
by dry weight.
(25) "Inventory control system" means a system described in Section 
4-41a-103
.
(26) "Licensing board" or "board" means the Cannabis Production Establishment
Licensing Advisory Board created in Section 
4-41a-201.1
.
(27) "Medical cannabis" means the same as that term is defined in Section 
26-61a-102
.
(28) "Medical cannabis card" means the same as that term is defined in Section
26-61a-102
.
(29) "Medical cannabis pharmacy" means the same as that term is defined in Section
26-61a-102
.
(30) "Medical cannabis pharmacy agent" means the same as that term is defined in
Section 
26-61a-102
.
(31) "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.
(32) "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
.
(33) "Medical cannabis treatment" means the same as that term is defined in Section
26-61a-102
.
(34) "Medicinal dosage form" means the same as that term is defined in Section
26-61a-102
.
(35) "Qualified medical provider" means the same as that term is defined in Section
26-61a-102
.
(36) "Qualified Production Enterprise Fund" means the fund created in Section
4-41a-104
.
(37) "Recommending medical provider" means the same as that term is defined in
Section 
26-61a-102
.
(38) "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
.
(39) "State electronic verification system" means the system described in Section
26-61a-103
.
(40) "Synthetic cannabinoid" means any cannabinoid that:
(a) was chemically synthesized from starting materials other than a naturally occurring
cannabinoid; and
(b) is not a derivative cannabinoid.
(41) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic
equivalent as described in Subsection 
58-37-4
(2)(a)(iii)(AA).
(42) "Total composite tetrahydrocannabinol" means all detectable forms of
tetrahydrocannabinol.
(43) "Total tetrahydrocannabinol" or "total THC" means the sum of the determined
amounts of delta-9-THC and tetrahydrocannabinolic acid, calculated as "total THC =
delta-9-THC + (THCA x 0.877)."
Section 2. Section 
26-21-2.1
 is amended to read:
26-21-2.1.
Services.
(1) General acute hospitals and specialty hospitals shall remain open and be
continuously ready to receive patients 24 hours of every day in a year and have an attending
medical staff consisting of one or more physicians licensed to practice medicine and surgery
under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act.
(2) A specialty hospital shall provide on-site all basic services required of a general
acute hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or required
by patients admitted to or cared for in the facility.
(3) (a) A home health agency shall provide at least licensed nursing services or
therapeutic services directly through the agency employees.
(b) A home health agency may provide additional services itself or under arrangements
with another agency, organization, facility, or individual.
(4) Beginning January 1, 2023, a hospice program shall provide at least one qualified
medical provider, as that term is defined in Section 
26-61a-102
, for the treatment of hospice
patients.
Section 3. Section 
26-61-102
 is amended to read:
26-61-102.
Definitions.
As used in this chapter:
(1) "Approved study" means a medical research study:
(a) the purpose of which is to investigate the medical benefits and risks of cannabinoid
products; and
(b) that is approved by an IRB.
(2) "Board" means the [
Cannabinoid Product
] 
Cannabis Research Review
 Board
created in Section 
26-61-201
.
(3) "Cannabinoid product" means the same as that term is defined in Section 
58-37-3.6
.
(4) "Cannabis" means the same as that term is defined in Section 
58-37-3.6
.
(5) "Expanded cannabinoid product" means the same as that term is defined in Section
58-37-3.6
.
(6) "Institutional review board" or "IRB" means an institutional review board that is
registered for human subject research by the United States Department of Health and Human
Services.
Section 4. Section 
26-61-201
 is amended to read:
26-61-201.
Cannabis Research Review Board.
(1) There is created the [
Cannabinoid Product
] 
Cannabis Research Review
 Board
within the department.
(2) The department shall appoint, in consultation with a professional association based
in the state that represents physicians, seven members to the [
Cannabinoid Product
] 
Cannabis
Research Review
 Board as follows:
(a) three individuals who are medical research professionals; and
(b) four physicians 
who are qualified medical providers
.
(3) The department shall ensure that at least one of the board members appointed under
Subsection (2) is a member of the Controlled Substances Advisory Committee created in
Section 
58-38a-201
.
(4) (a) Four of the board members appointed under Subsection (2) shall serve an initial
term of two years and three of the board members appointed under Subsection (2) shall serve
an initial term of four years.
(b) Successor board members shall each serve a term of four years.
(c) A board member appointed to fill a vacancy on the board shall serve the remainder
of the term of the board member whose departure created the vacancy.
(5) The department may remove a board member without cause.
(6) The board shall
:
(a)
 nominate a board member to serve as chairperson of the board by a majority vote of
the board members[
.
]
; and
[
(7) The board shall
] 
(b)
 meet as often as necessary to accomplish the duties assigned
to the board under this chapter.
[
(8)
] 
(7)
 Each board member, including the chair, has one vote.
[
(9)
] 
(8)
 (a) A majority of board members constitutes a quorum.
(b) A vote of a majority of the quorum at any board meeting is necessary to take action
on behalf of the board.
[
(10)
] 
(9)
 A board member may not receive compensation for the member's service on
the board, but may, in accordance with rules adopted by the board in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, receive:
(a) per diem at the rate established under Section 
63A-3-106
; and
(b) travel expenses at the rate established under Section 
63A-3-107
.
(10) If a board member appointed under Subsection (2)(b) does not meet the
qualifications of Subsection (2)(b) before July 1, 2022:
(a) the board member's seat is vacant; and
(b) the department shall fill the vacancy in accordance with this section.
Section 5. Section 
26-61a-102
 is amended to read:
26-61a-102.
Definitions.
As used in this chapter:
(1) "Active tetrahydrocannabinol" means Delta-8-THC, Delta-9-THC, and
tetrahydrocannabinolic acid.
(2) "[
Cannabinoid Product
] 
Cannabis Research Review
 Board" means the
[
Cannabinoid Product
] 
Cannabis Research Review
 Board created in Section 
26-61-201
.
(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 elementary or secondary school,
a church, a public library, a public playground, or a public park.
(11) "Conditional medical cannabis card" means an electronic medical cannabis card
that the department issues in accordance with Subsection 
26-61a-201
(1)(b) to allow an
applicant for a medical cannabis card to access medical cannabis during the department's
review of the application.
(12) "Controlled substance database" means the controlled substance database created
in Section 
58-37f-201
.
(13) "Delta-8-tetrahydrocannabinol" or "Delta-8-THC" means the cannabinoid that:
(a) is similar to Delta-9-THC with a lower psychotropic potency; and
(b) interacts with the CB1 receptor of the nervous system.
(14) "Delta-9-tetrahydrocannabinol" or "Delta-9-THC" means the primary psychotropic
cannabinoid in cannabis.
(15) "Department" means the Department of Health.
(16) "Designated caregiver" means:
(a) an individual:
(i) whom an individual with a medical cannabis patient card or a medical cannabis
guardian card designates as the patient's caregiver; and
(ii) who registers with the department under Section 
26-61a-202
; or
(b) (i) a facility that an individual designates as a designated caregiver in accordance
with Subsection 
26-61a-202
(1)(b); or
(ii) an assigned employee of the facility described in Subsection 
26-61a-202
(1)(b)(ii).
(17) "Directions of use" means recommended routes of administration for a medical
cannabis treatment and suggested usage guidelines.
(18) "Dosing guidelines" means a quantity range and frequency of administration for a
recommended treatment of medical cannabis.
(19) "Financial institution" means a bank, trust company, savings institution, or credit
union, chartered and supervised under state or federal law.
(20) "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.
(21) "Inventory control system" means the system described in Section 
4-41a-103
.
(22) "Legal dosage limit" means an amount that:
(a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the
relevant recommending medical provider or the state central patient portal or pharmacy
medical provider, in accordance with Subsection 
26-61a-502
(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.
(23) "Legal use termination date" means a date on the label of a container of
unprocessed cannabis flower:
(a) that is 60 days after the date of purchase of the cannabis; and
(b) after which, the cannabis is no longer in a medicinal dosage form outside of the
primary residence of the relevant medical cannabis patient cardholder.
(24) "Limited medical provider" means an individual who:
(a) meets the recommending qualifications; and
(b) has no more than 15 patients with a valid medical cannabis patient card or
provisional patient card as a result of the individual's recommendation, in accordance with
Subsection 
26-61a-106
(1)(b).
(25) "Marijuana" means the same as that term is defined in Section 
58-37-2
.
(26) "Medical cannabis" means cannabis in a medicinal dosage form or a cannabis
product in a medicinal dosage form.
(27) "Medical cannabis card" means a medical cannabis patient card, a medical
cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis
card.
(28) "Medical cannabis cardholder" means:
(a) a holder of a medical cannabis card; or
(b) a facility or assigned employee, described in Subsection (16)(b), only:
(i) within the scope of the facility's or assigned employee's performance of the role of a
medical cannabis patient cardholder's caregiver designation under Subsection
26-61a-202
(1)(b); and
(ii) while in possession of documentation that establishes:
(A) a caregiver designation described in Subsection 
26-61a-202
(1)(b);
(B) the identity of the individual presenting the documentation; and
(C) the relation of the individual presenting the documentation to the caregiver
designation.
(29) "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.
(30) "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.
(31) "Medical cannabis courier agent" means an individual who:
(a) is an employee of a medical cannabis courier; and
(b) who holds a valid medical cannabis courier agent registration card.
(32) (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.
(33) "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.
(34) "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.
(35) "Medical cannabis pharmacy" means a person that:
(a) (i) acquires or intends to acquire medical cannabis or a cannabis product in a
medicinal dosage form from a cannabis processing facility or another medical cannabis
pharmacy or a medical cannabis device; or
(ii) possesses medical cannabis or a medical cannabis device; and
(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical
cannabis cardholder.
(36) "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.
(37) "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.
(38) "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.
(39) "Medical cannabis treatment" means cannabis in a medicinal dosage form, a
cannabis product in a medicinal dosage form, or a medical cannabis device.
(40) (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 liquid or viscous 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) a resin or wax;
(ii) for unprocessed cannabis flower, a container described in Section 
4-41a-602
 that:
(A) contains cannabis flowers in a quantity that varies by no more than 10% from the
stated weight at the time of packaging;
(B) at any time the medical cannabis cardholder transports or possesses the container in
public, is contained within an opaque bag or box that the medical cannabis pharmacy provides;
and
(C) is labeled with the container's content and weight, the date of purchase, the legal use
termination date, and after December 31, 2020, a barcode that provides information connected
to an inventory control system; 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 container described
in Subsection (40)(a)(ii) for use; and
(ii) does not exceed the quantity described in Subsection (40)(a)(ii).
(c) "Medicinal dosage form" does not include:
(i) any unprocessed cannabis flower outside of the container described in Subsection
(40)(a)(ii), except as provided in Subsection (40)(b);
(ii) any unprocessed cannabis flower in a container described in Subsection (40)(a)(ii)
after the legal use termination date; or
(iii) 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.
(41) "Nonresident patient" means an individual who:
(a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
(b) has a currently valid medical cannabis card or the equivalent of a medical cannabis
card under the laws of another state, district, territory, commonwealth, or insular possession of
the United States; and
(c) has been diagnosed with a qualifying condition as described in Section 
26-61a-104
.
(42) "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.
(43) "Pharmacy medical provider" means the medical provider required to be on site at
a medical cannabis pharmacy under Section 
26-61a-403
.
(44) "Provisional patient card" means a card that:
(a) the department issues to a minor with a qualifying condition for whom:
(i) a recommending 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.
(45) "Qualified medical provider" means an individual:
(a) who meets the recommending qualifications; and
(b) whom the department registers to recommend treatment with cannabis in a
medicinal dosage form under Section 
26-61a-106
.
(46) "Qualified Patient Enterprise Fund" means the enterprise fund created in Section
26-61a-109
.
(47) "Qualifying condition" means a condition described in Section 
26-61a-104
.
(48) "Recommend" or "recommendation" means, for a recommending medical
provider, the act of suggesting the use of medical cannabis treatment, which:
(a) certifies the patient's eligibility for a medical cannabis card; and
(b) may include, at the recommending medical provider's discretion, directions of use,
with or without dosing guidelines.
(49) "Recommending medical provider" means a qualified medical provider or a
limited medical provider.
(50) "Recommending qualifications" means that an individual:
(a) (i) has the authority to write a prescription;
(ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
Controlled Substances Act; and
(iii) possesses the authority, in accordance with the individual's scope of practice, to
prescribe a Schedule II controlled substance; and
(b) is licensed as:
(i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice
Act;
(iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
Chapter 68, Utah Osteopathic Medical Practice Act; or
(iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
(51) "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.
(52) "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
.
(53) "State electronic verification system" means the system described in Section
26-61a-103
.
(54) "Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a
synthetic equivalent as described in Subsection 
58-37-4
(2)(a)(iii)(AA).
(55) "Valid form of photo identification" means any of the following forms of
identification that is either current or has expired within the previous six months:
(a) a valid state-issued driver license or identification card;
(b) a valid United States federal-issued photo identification, including:
(i) a United States passport;
(ii) a United States passport card;
(iii) a United States military identification card; or
(iv) a permanent resident card or alien registration receipt card; or
(c) a passport that another country issued.
Section 6. Section 
26-61a-104
 is amended to read:
26-61a-104.
Qualifying condition.
(1) By designating a particular condition under Subsection (2) for which the use of
medical cannabis to treat symptoms is decriminalized, the Legislature does not conclusively
state that:
(a) current scientific evidence clearly supports the efficacy of a medical cannabis
treatment for the condition; or
(b) a medical cannabis treatment will treat, cure, or positively affect the condition.
(2) For the purposes of this chapter, each of the following conditions is a qualifying
condition:
(a) HIV or acquired immune deficiency syndrome;
(b) Alzheimer's disease;
(c) amyotrophic lateral sclerosis;
(d) cancer;
(e) cachexia;
(f) persistent nausea that is not significantly responsive to traditional treatment, except
for nausea related to:
(i) pregnancy;
(ii) cannabis-induced cyclical vomiting syndrome; or
(iii) cannabinoid hyperemesis syndrome;
(g) Crohn's disease or ulcerative colitis;
(h) epilepsy or debilitating seizures;
(i) multiple sclerosis or persistent and debilitating muscle spasms;
(j) post-traumatic stress disorder that is being treated and monitored by a licensed
mental health therapist, as that term is defined in Section 
58-60-102
, and that:
(i) has been diagnosed by a healthcare provider or mental health provider employed or
contracted by the United States Veterans Administration, evidenced by copies of medical
records from the United States Veterans Administration that are included as part of the
qualified medical provider's pre-treatment assessment and medical record documentation; or
(ii) has been diagnosed or confirmed, through face-to-face or telehealth evaluation of
the patient, by a provider who is:
(A) a licensed board-eligible or board-certified psychiatrist;
(B) a licensed psychologist with a master's-level degree;
(C) a licensed clinical social worker with a master's-level degree; or
(D) a licensed advanced practice registered nurse who is qualified to practice within
the psychiatric mental health nursing [
speciality
] 
specialty
 and who has completed the clinical
practice requirements in psychiatric mental health nursing, including in psychotherapy, in
accordance with Subsection 
58-31b-302
(4)(g);
(k) autism;
(l) a terminal illness when the patient's remaining life expectancy is less than six
months;
(m) a condition resulting in the individual receiving hospice care;
(n) a rare condition or disease that:
(i) affects less than 200,000 individuals in the United States, as defined in Section 526
of the Federal Food, Drug, and Cosmetic Act; and
(ii) is not adequately managed despite treatment attempts using:
(A) conventional medications other than opioids or opiates; or
(B) physical interventions;
(o) pain lasting longer than two weeks that is not adequately managed, in the qualified
medical provider's opinion, despite treatment attempts using:
(i) conventional medications other than opioids or opiates; or
(ii) physical interventions; [
and
]
(p) pain that is expected to last for two weeks or longer for an acute condition,
including a surgical procedure, for which a medical professional may generally prescribe
opioids for a limited duration, subject to Subsection 
26-61a-201
(5)(c); and
[
(p)
] 
(q)
 a condition that the Compassionate Use Board approves under Section
26-61a-105
, on an individual, case-by-case basis.
Section 7. Section 
26-61a-105
 is amended to read:
26-61a-105.
Compassionate Use Board.
(1) (a) The department shall establish a Compassionate Use Board consisting of:
(i) seven qualified medical providers that the executive director appoints and the
Senate confirms:
(A) who are knowledgeable about the medicinal use of cannabis;
(B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(C) whom the appropriate board certifies in the specialty of neurology, pain medicine
and pain management, medical oncology, psychiatry, infectious disease, internal medicine,
pediatrics, or gastroenterology; and
(ii) as a nonvoting member and the chair of the Compassionate Use Board, the
executive director or the director's designee.
(b) In appointing the seven qualified medical providers described in Subsection (1)(a),
the executive director shall ensure that at least two have a board certification in pediatrics.
(2) (a) Of the members of the Compassionate Use Board that the executive director
first appoints:
(i) three shall serve an initial term of two years; and
(ii) the remaining members shall serve an initial term of four years.
(b) After an initial term described in Subsection (2)(a) expires:
(i) each term is four years; and
(ii) each board member is eligible for reappointment.
(c) A member of the Compassionate Use Board may serve until a successor is
appointed.
(3) Four members constitute a quorum of the Compassionate Use Board.
(4) A member of the Compassionate Use Board may receive:
(a) notwithstanding Section 
63A-3-106
, compensation or benefits for the member's
service; and
(b) travel expenses in accordance with Section 
63A-3-107
 and rules made by the
Division of Finance in accordance with Section 
63A-3-107
.
(5) The Compassionate Use Board shall:
(a) review and recommend for department approval a petition to the board regarding an
individual described in Subsection 
26-61a-201
(2)(a), a minor described in Subsection
26-61a-201
(2)(c), or an individual who is not otherwise qualified to receive a medical cannabis
card to obtain a medical cannabis card for compassionate use, for the standard or a reduced
period of validity, if:
(i) for an individual who is not otherwise qualified to receive a medical cannabis card,
the individual's qualified medical provider is actively treating the individual for an intractable 
condition that:
(A) substantially impairs the individual's quality of life; and
(B) has not, in the qualified medical provider's professional opinion, adequately
responded to conventional treatments;
(ii) the qualified medical provider:
(A) recommends that the individual or minor be allowed to use medical cannabis; and
(B) provides a letter, relevant treatment history, and notes or copies of progress notes
describing relevant treatment history including rationale for considering the use of medical
cannabis; and
(iii) the Compassionate Use Board determines that:
(A) the recommendation of the individual's qualified medical provider is justified; and
(B) based on available information, it may be in the best interests of the individual to
allow the use of medical cannabis;
(b) review and approve or deny the use of a medical cannabis device for an individual
described in Subsection 
26-61a-201
(2)(a)(i)(B) or a minor described in Subsection
26-61a-201
(2)(c) if the individual's or minor's qualified medical provider recommends that the
individual or minor be allowed to use a medical cannabis device to vaporize the medical
cannabis treatment;
(c) unless no petitions are pending:
(i) meet to receive or review compassionate use petitions at least quarterly; and
(ii) if there are more petitions than the board can receive or review during the board's
regular schedule, as often as necessary;
(d) except as provided in Subsection (6), complete a review of each petition and
recommend to the department approval or denial of the applicant for qualification for a medical
cannabis card within 90 days after the day on which the board received the petition;
(e) consult with the department regarding the criteria described in Subsection (6); and
(f) report, before November 1 of each year, to the Health and Human Services Interim
Committee:
(i) the number of compassionate use recommendations the board issued during the past
year; and
(ii) the types of conditions for which the board recommended compassionate use.
(6) The department shall make rules, in consultation with the Compassionate Use
Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
establish a process and criteria for a petition to the board to automatically qualify for expedited
final review and approval or denial by the department in cases where, in the determination of
the department and the board:
(a) time is of the essence;
(b) engaging the full review process would be unreasonable in light of the petitioner's
physical condition; and
(c) sufficient factors are present regarding the petitioner's safety.
(7) (a) (i) The department shall review:
(A) any compassionate use for which the Compassionate Use Board recommends
approval under Subsection (5)(d) to determine whether the board properly exercised the board's
discretion under this section; and
(B) any expedited petitions the department receives under the process described in
Subsection (6).
(ii) If the department determines that the Compassionate Use Board properly exercised
the board's discretion in recommending approval under Subsection (5)(d) or that the expedited
petition merits approval based on the criteria established in accordance with Subsection (6), the
department shall:
(A) issue the relevant medical cannabis card; and
(B) provide for the renewal of the medical cannabis card in accordance with the
recommendation of the qualified medical provider described in Subsection (5)(a).
(b) (i) If the Compassionate Use Board recommends denial under Subsection (5)(d),
the individual seeking to obtain a medical cannabis card may petition the department to review
the board's decision.
(ii) If the department determines that the Compassionate Use Board's recommendation
for denial under Subsection (5)(d) was arbitrary or capricious:
(A) the department shall notify the Compassionate Use Board of the department's
determination; and
(B) the board shall reconsider the Compassionate Use Board's refusal to recommend
approval under this section.
(c) In reviewing the Compassionate Use Board's recommendation for approval or
denial under Subsection (5)(d) in accordance with this Subsection (7), the department shall
presume the board properly exercised the board's discretion unless the department determines
that the board's recommendation was arbitrary or capricious.
(8) Any individually identifiable health information contained in a petition that the
Compassionate Use Board or department receives under this section is a protected record in
accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(9) The Compassionate Use Board shall annually report the board's activity to the
[
Cannabinoid Product
] 
Cannabis Research Review
 Board.
Section 8. Section 
26-61a-106
 is amended to read:
26-61a-106.
 Qualified medical provider registration -- Continuing education --
Treatment recommendation -- Limited medical provider.
(1) (a) (i) Except as provided in Subsection (1)(b), an individual may not recommend a
medical cannabis treatment unless the department registers the individual as a qualified
medical provider in accordance with this section.
(ii) Notwithstanding Subsection (1)(a)(i), a qualified medical provider who is podiatrist
licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act, may not recommend a
medical cannabis treatment except within the course and scope of a practice of podiatry, as that
term is defined in Section 
58-5a-102
.
(b) Beginning on the earlier of September 1, 2021, or the date on which the department
gives notice that the electronic verification system is functionally capable as described in
Subsection 
26-61a-103
(2)(d), an individual who meets the recommending qualifications may
recommend a medical cannabis treatment as a limited medical provider without registering
under Subsection (1)(a) if:
(i) the individual recommends the use of medical cannabis to the patient through an
order described in Subsection (1)(c) after:
(A) a face-to-face visit for an initial recommendation or the renewal of a
recommendation for a patient for whom the limited medical provider did not make the patient's
original recommendation; or
(B) a visit using telehealth services for a renewal of a recommendation for a patient for
whom the limited medical provider made the patient's original recommendation; and
(ii) the individual's recommendation or renewal would not cause the total number of
the individual's patients who have a valid medical cannabis patient card or provisional patient
card resulting from the individual's recommendation to exceed 15.
(c) The individual described in Subsection (1)(b) shall communicate the individual's
recommendation through an order for the medical cannabis pharmacy to record the individual's
recommendation or renewal in the state electronic verification system under the individual's
recommendation that:
(i) (A) that the individual or the individual's employee sends electronically to a medical
cannabis pharmacy; or
(B) that the individual gives to the patient in writing for the patient to deliver to a
medical cannabis pharmacy; and
(ii) may include:
(A) directions of use or dosing guidelines; and
(B) an indication of a need for a caregiver in accordance with Subsection
26-61a-201
(3)(c).
(d) If the limited medical provider gives the patient a written recommendation to
deliver to a medical cannabis pharmacy under Subsection (1)(c)(i)(B), the limited medical
provider shall ensure that the document includes all of the information that is included on a
prescription the provider would issue for a controlled substance, including:
(i) the date of issuance;
(ii) the provider's name, address and contact information, controlled substance license
information, and signature; and
(iii) the patient's name, address and contact information, age, and diagnosed qualifying
condition.
(e) In considering making a recommendation as a limited medical provider, an
individual may consult information that the department makes available on the department's
website for recommending providers.
(2) (a) The department shall, within 15 days after the day on which the department
receives an application from an individual, register and issue a qualified medical provider
registration card to the individual if the individual:
(i) provides to the department the individual's name and address;
(ii) provides to the department a report detailing the individual's completion of the
applicable continuing education requirement described in Subsection (3);
(iii) provides to the department evidence that the individual meets the recommending
qualifications;
(iv) for an applicant on or after November 1, 2021, provides to the department the
information described in Subsection (10)(a); and
(v) pays the department a fee in an amount that:
(A) the department sets, in accordance with Section 
63J-1-504
; and
(B) does not exceed $300 for an initial registration.
(b) The department may not register an individual as a qualified medical provider if the
individual is:
(i) a pharmacy medical provider; or
(ii) an owner, officer, director, board member, employee, or agent of a cannabis
production establishment, a medical cannabis pharmacy, or a medical cannabis courier.
(3) (a) An individual shall complete the continuing education described in this
Subsection (3) in the following amounts:
(i) for an individual as a condition precedent to registration, four hours; and
(ii) for a qualified medical provider as a condition precedent to renewal, four hours
every two years.
(b) In accordance with Subsection (3)(a), a qualified medical provider shall:
(i) complete continuing education:
(A) regarding the topics described in Subsection (3)(d); and
(B) offered by the department under Subsection (3)(c) or an accredited or approved
continuing education provider that the department recognizes as offering continuing education
appropriate for the recommendation of cannabis to patients; and
(ii) make a continuing education report to the department in accordance with a process
that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
Professional Licensing and:
(A) for a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing
Act, the Podiatric Physician Board;
(B) for an advanced practice registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act, the Board of Nursing;
(C) for a qualified medical provider licensed under Title 58, Chapter 67, Utah Medical
Practice Act, the Physicians Licensing Board;
(D) for a qualified medical provider licensed under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board;
and
(E) for a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act, the Physician Assistant Licensing Board.
(c) The department may, in consultation with the Division of Occupational and
Professional Licensing, develop the continuing education described in this Subsection (3).
(d) The continuing education described in this Subsection (3) may discuss:
(i) the provisions of this chapter;
(ii) general information about medical cannabis under federal and state law;
(iii) the latest scientific research on the endocannabinoid system and medical cannabis,
including risks and benefits;
(iv) recommendations for medical cannabis as it relates to the continuing care of a
patient in pain management, risk management, potential addiction, or palliative care; and
(v) best practices for recommending the form and dosage of medical cannabis products
based on the qualifying condition underlying a medical cannabis recommendation.
(4) (a) Except as provided in Subsection (4)(b), a qualified medical provider may not
recommend a medical cannabis treatment to more than 275 of the qualified medical provider's
patients at the same time, as determined by the number of medical cannabis cards under the
qualified medical provider's name in the state electronic verification system.
(b) A qualified medical provider may recommend a medical cannabis treatment to up to
600 of the qualified medical provider's patients at any given time, as determined by the number
of medical cannabis cards under the qualified medical provider's name in the state electronic
verification system, if:
(i) the appropriate American medical board has certified the qualified medical provider
in the specialty of anesthesiology, gastroenterology, neurology, oncology, pain, hospice and
palliative medicine, physical medicine and rehabilitation, rheumatology, endocrinology, or
psychiatry; or
(ii) a licensed business employs or contracts with the qualified medical provider for the
specific purpose of providing hospice and palliative care.
(5) A recommending medical provider may recommend medical cannabis to an
individual under this chapter only in the course of a provider-patient relationship after the
recommending medical provider has completed and documented in the patient's medical record
a thorough assessment of the patient's condition and medical history based on the appropriate
standard of care for the patient's condition.
(6) (a) Except as provided in Subsection (6)(b), an individual may not advertise that the
individual recommends 
a
 medical cannabis treatment [
in accordance with this chapter
].
(b) [
For purposes of
] 
Notwithstanding
 Subsection (6)(a)[
, the communication of the
following, through a website, by a qualified medical provider, does not constitute advertising:
]
and subject to Section 
26-61a-116
, a qualified medical provider or clinic or office that employs
a qualified medical provider may advertise the following:
(i) a green cross
;
(ii) the provider's or clinic's name and logo
;
[
(ii)
] 
(iii)
 a qualifying condition that the individual treats;
[
(iii)
] 
(iv)
 [
the individual's registration
] 
that the individual is registered
 as a qualified
medical provider 
and recommends medical cannabis
; or
[
(iv)
] 
(v)
 a scientific study regarding medical cannabis use.
(7) (a) A qualified medical provider registration card expires two years after the day on
which the department issues the card.
(b) The department shall renew a qualified medical provider's registration card if the
provider:
(i) applies for renewal;
(ii) is eligible for a qualified medical provider registration card under this section,
including maintaining an unrestricted license under the recommending qualifications;
(iii) certifies to the department in a renewal application that the information in
Subsection (2)(a) is accurate or updates the information;
(iv) submits a report detailing the completion of the continuing education requirement
described in Subsection (3); and
(v) pays the department a fee in an amount that:
(A) the department sets, in accordance with Section 
63J-1-504
; and
(B) does not exceed $50 for a registration renewal.
(8) The department may revoke the registration of a qualified medical provider who
fails to maintain compliance with the requirements of this section.
(9) A recommending medical provider may not receive any compensation or benefit for
the qualified medical provider's medical cannabis treatment recommendation from:
(a) a cannabis production establishment or an owner, officer, director, board member,
employee, or agent of a cannabis production establishment;
(b) a medical cannabis pharmacy or an owner, officer, director, board member,
employee, or agent of a medical cannabis pharmacy; or
(c) a recommending medical provider or pharmacy medical provider.
(10) (a) On or before November 1, 2021, a qualified medical provider shall report to
the department, in a manner designated by the department:
(i) if applicable, that the qualified medical provider or the entity that employs the
qualified medical provider represents online or on printed material that the qualified medical
provider is a qualified medical provider or offers medical cannabis recommendations to
patients; and
(ii) the fee amount that the qualified medical provider or the entity that employs the
qualified medical provider charges a patient for a medical cannabis recommendation, either as
an actual cash rate or, if the provider or entity bills insurance, an average cash rate.
(b) The department shall:
(i) ensure that the following information related to qualified medical providers and
entities described in Subsection (10)(a)(i) is available on the department's website or on the
health care price transparency tool under Subsection (10)(b)(ii):
(A) the name of the qualified medical provider and, if applicable, the name of the
entity that employs the qualified medical provider;
(B) the address of the qualified medical provider's office or, if applicable, the entity
that employs the qualified medical provider; and
(C) the fee amount described in Subsection (10)(a)(ii); and
(ii) share data collected under this Subsection (10) with the state auditor for use in the
health care price transparency tool described in Section 
67-3-11
.
Section 9. Section 
26-61a-116
 is enacted to read:
 26-61a-116.
Advertising.
(1) Except as provided in this chapter, a person may not advertise regarding the
recommendation, sale, dispensing, or transportation of medical cannabis.
(2) Notwithstanding any authorization to advertise regarding medical cannabis under
this chapter, the person advertising may not advertise:
(a) using promotional discounts or incentives;
(b) a particular medical cannabis product, medical cannabis device, or medicinal
dosage form; or
(c) an assurance regarding an outcome related to medical cannabis treatment.
(3) Notwithstanding Subsection (1):
(a) a nonprofit organization that offers financial assistance for medical cannabis
treatment to low-income patients may advertise the organization's assistance if the
advertisement does not relate to a specific medical cannabis pharmacy or a specific medical
cannabis product; and
(b) a medical cannabis pharmacy may provide information regarding subsidies for the
cost of medical cannabis treatment to patients who affirmatively accept receipt of the subsidy
information.
(4) To ensure that the name and logo of a licensee under this chapter have a medical
rather than a recreational disposition, the name and logo of the licensee:
(a) may include terms and images associated with:
(i) a medical disposition, including "medical," "medicinal," "medicine," "pharmacy,"
"apothecary," "wellness," "therapeutic," "health," "care," "cannabis," "clinic," "compassionate,"
"relief," "treatment," and "patient;" or
(ii) the plant form of cannabis, including "leaf," "flower," and "bloom";
(b) may not include:
(i) any term, statement, design representation, picture, or illustration that is associated
with a recreational disposition or that appeals to children;
(ii) an emphasis on a psychoactive ingredient;
(iii) a specific cannabis strain; or
(iv) terms related to recreational marijuana, including "weed," "pot," "reefer," "grass,"
"hash," "ganga," "Mary Jane," "high," "buzz," "haze," "stoned," "joint," "bud," "smoke,"
"euphoria," "dank," "doobie," "kush," "frost," "cookies," "rec," "bake," "blunt," "combust,"
"bong," "budtender," "dab," "blaze," "toke," or "420."
(5) The department shall define standards for advertising authorized under this chapter,
including names and logos in accordance with Subsection (4), to ensure a medical rather than
recreational disposition.
Section 10. Section 
26-61a-201
 is amended to read:
26-61a-201.
Medical cannabis patient card -- Medical cannabis guardian card --
Conditional medical cannabis card -- Application -- Fees -- Studies.
(1) (a) 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
:
(i) issue a medical cannabis patient card to an individual described in Subsection
(2)(a);
(ii) issue a medical cannabis guardian card to an individual described in Subsection
(2)(b);
(iii) issue a provisional patient card to a minor described in Subsection (2)(c); and
(iv) issue a medical cannabis caregiver card to an individual described in Subsection
26-61a-202
(4).
(b) (i) Beginning on the earlier of September 1, 2021, or the date on which the
electronic verification system is functionally capable of facilitating a conditional medical
cannabis card under this Subsection (1)(b), upon the entry of a recommending medical
provider's medical cannabis recommendation for a patient in the state electronic verification
system, either by the provider or the provider's employee or by a medical cannabis pharmacy
medical provider or medical cannabis pharmacy in accordance with Subsection
26-61a-501
(11)(a), the department shall issue to the patient an electronic conditional medical
cannabis card, in accordance with this Subsection (1)(b).
(ii) A conditional medical cannabis card is valid for the lesser of:
(A) 60 days; or
(B) the day on which the department completes the department's review and issues a
medical cannabis card under Subsection (1)(a), denies the patient's medical cannabis card
application, or revokes the conditional medical cannabis card under Subsection (8).
(iii) The department may issue a conditional medical cannabis card to an individual
applying for a medical cannabis patient card for which approval of the Compassionate Use
Board is not required.
(iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
obligations under law applicable to a holder of the medical cannabis card for which the
individual applies and for which the department issues the conditional medical cannabis card.
(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 recommending 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 (9);
(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) one of the minor's parents or legal guardians 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 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 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 recommending 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 recommending medical provider recommends, the
recommending medical provider may indicate the cardholder's need in the state electronic
verification system, either directly or, for a limited medical provider, through the order
described in Subsections 
26-61a-106
(1)(c) and (d).
(ii) If a recommending 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;
(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 recommending medical provider shall:
(a) before recommending or renewing a recommendation for medical 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) for a qualified medical provider, 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
, history
of substance use or opioid use disorder,
 and history of medical cannabis and controlled
substance use during an initial face-to-face visit with the patient; and
(b) state in the recommending 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) 
or (c)
, a medical cannabis card that the
department issues under this section is valid for the lesser of:
(i) an amount of time that the recommending medical provider determines; or
(ii) (A) six months for the first issuance, and, except as provided in Subsection
(5)(a)(ii)(B), for a renewal; or
(B) for a renewal, one year if, after at least one year following the issuance of the
original medical cannabis card, the recommending 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 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.
(c) A medical cannabis card that the department issues in relation to acute pain as
described in Section 
26-61a-104
 expires 30 days after the day on which the department first
issues a conditional or full medical cannabis card.
(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
] 
The recommending medical provider who made the underlying
recommendation for the card of 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 [
recommending medical provider who made the
recommendation underlying the card, at the qualifying
] 
cardholder, at the recommending
medical provider's discretion.
(c) [
A
] 
Before having access to a renewed card, 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.
(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 may revoke a medical cannabis card that the department issues
under this section if the cardholder:
(a) violates this chapter; or
(b) is convicted under state or federal law of[
: (i) a felony; or (ii)
]
,
 after March 17,
2021, a [
misdemeanor for
] drug distribution 
offense
.
(9) 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.
(10) 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.
(11) (a) On or before 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 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
(11)(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.
(12) (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 (12)(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 (12)(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 (12), information about a cardholder under this section who consents to participate
under Subsection (12)(c).
(f) If an individual withdraws consent under Subsection (12)(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.
(13) The department shall record the issuance or revocation of a medical cannabis card
under this section in the controlled substance database.
Section 11. Section 
26-61a-202
 is amended to read:
26-61a-202.
Medical cannabis caregiver card -- Registration -- Renewal --
Revocation.
(1) (a) (i) 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.
(ii) The designation described in Subsection (1)(a)(i) takes effect if the state electronic
verification system reflects a recommending medical provider's indication 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 recommending medical provider recommends.
(b) (i) Beginning on the earlier of 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
] 
may designate
 one of the following types
of facilities [
may designate the facility
] as one of the caregivers described in Subsection (1)(a):
(A) 
for a patient or resident,
 an assisted living facility, as that term is defined in Section
26-21-2
;
(B) 
for a patient or resident,
 a nursing care facility, as that term is defined in Section
26-21-2
; or
(C) 
for a patient,
 a general acute hospital, as that term is defined in Section 
26-21-2
.
(ii) A facility may
:
(A)
 assign one or more employees to assist patients with medical cannabis treatment
under the caregiver designation described in this Subsection (1)(b)[
.
]
; and
(B) receive a medical cannabis shipment from a medical cannabis pharmacy or a
medical cannabis courier on behalf of the medical cannabis cardholder within the facility who
designated the facility as a caregiver.
(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; and
(B) a cannabis product in a medicinal dosage form;
(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
(9); 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 drug distribution offense; or
(ii) after December 3, 2018, a misdemeanor drug distribution offense.
(9) The department shall record the issuance or revocation of a medical cannabis card
under this section in the controlled substance database.
Section 12. Section 
26-61a-403
 is amended to read:
26-61a-403.
Pharmacy medical providers -- Registration -- Continuing education.
(1) (a) A medical cannabis pharmacy:
(i) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
Practice Act, as a pharmacy medical provider;
(ii) may employ a physician who has the authority to write a prescription and is
licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, as a pharmacy medical provider;
(iii) shall ensure that a pharmacy medical provider described in Subsection (1)(a)(i)
works onsite during all business hours; and
(iv) shall designate one pharmacy medical provider described in Subsection (1)(a)(i) as
the pharmacist-in-charge to oversee the operation of and generally supervise the medical
cannabis pharmacy.
(b) An individual may not serve as a pharmacy medical provider unless the department
registers the individual as a pharmacy medical provider in accordance with Subsection (2).
(2) (a) The department shall, within 15 days after the day on which the department
receives an application from a medical cannabis pharmacy on behalf of a prospective pharmacy
medical provider, register and issue a pharmacy medical provider registration card to the
prospective pharmacy medical provider if the medical cannabis pharmacy:
(i) provides to the department:
(A) the prospective pharmacy medical provider's name and address;
(B) the name and location of the licensed medical cannabis pharmacy where the
prospective pharmacy medical provider seeks to act as a pharmacy medical provider;
(C) a report detailing the completion of the continuing education requirement described
in Subsection (3); and
(D) evidence that the prospective pharmacy medical provider is a pharmacist who is
licensed under Title 58, Chapter 17b, Pharmacy Practice Act, or a physician who has the
authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(ii) pays a fee to the department in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
.
(b) The department may not register a recommending medical provider or a state
central patient portal medical provider as a pharmacy medical provider.
(3) (a) A pharmacy medical provider shall complete the continuing education described
in this Subsection (3) in the following amounts:
(i) as a condition precedent to registration, four hours; and
(ii) as a condition precedent to renewal of the registration, four hours every two years.
(b) In accordance with Subsection (3)(a), the pharmacy medical provider shall:
(i) complete continuing education:
(A) regarding the topics described in Subsection (3)(d); and
(B) offered by the department under Subsection (3)(c) or an accredited or approved
continuing education provider that the department recognizes as offering continuing education
appropriate for the medical cannabis pharmacy practice; and
(ii) make a continuing education report to the department in accordance with a process
that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and in collaboration with the Division of Occupational and
Professional Licensing and:
(A) for a pharmacy medical provider who is licensed under Title 58, Chapter 17b,
Pharmacy Practice Act, the Board of Pharmacy;
(B) for a pharmacy medical provider licensed under Title 58, Chapter 67, Utah Medical
Practice Act, the Physicians Licensing Board; and
(C) for a pharmacy medical provider licensed under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board.
(c) The department may, in consultation with the Division of Occupational and
Professional Licensing, develop the continuing education described in this Subsection (3).
(d) The continuing education described in this Subsection (3) may discuss:
(i) the provisions of this chapter;
(ii) general information about medical cannabis under federal and state law;
(iii) the latest scientific research on the endocannabinoid system and medical cannabis,
including risks and benefits;
(iv) recommendations for medical cannabis as it relates to the continuing care of a
patient in pain management, risk management, potential addiction, and palliative care; or
(v) best practices for recommending the form and dosage of a medical cannabis
product based on the qualifying condition underlying a medical cannabis recommendation.
(4) (a) A pharmacy medical provider registration card expires two years after the day
on which the department issues or renews the card.
(b) A pharmacy medical provider may renew the provider's registration card if the
provider:
(i) is eligible for a pharmacy medical provider registration card under this section;
(ii) certifies to the department in a renewal application that the information in
Subsection (2)(a) is accurate or updates the information;
(iii) submits a report detailing the completion of the continuing education requirement
described in Subsection (3); and
(iv) pays to the department a renewal fee in an amount that:
(A) subject to Subsection 
26-61a-109
(5), the department sets in accordance with
Section 
63J-1-504
; and
(B) may not exceed the cost of the relatively lower administrative burden of renewal in
comparison to the original application process.
(5) (a) Except as provided in Subsection (5)(b), [
an individual
] 
a person
 may not
advertise that the [
individual
] 
person or another person
 dispenses medical cannabis.
(b) [
For purposes of this
] 
Notwithstanding
 Subsection (5)
(a)
[
, the communication of
the following, through a website, by a pharmacy medical provider, does not constitute
advertising
] 
and subject to Section 
26-61a-116
, a registered pharmacy medical provider may
advertise the following
:
(i) a green cross;
(ii) [
the individual's registration
] 
that the person is registered
 as a pharmacy medical
provider 
and dispenses medical cannabis
; or
(iii) a scientific study regarding medical cannabis use.
Section 13. Section 
26-61a-505
 is amended to read:
26-61a-505.
Medical cannabis pharmacy advertising.
(1) Except as provided in this section, a [
medical cannabis pharmacy
] 
person
 may not
advertise in any medium 
regarding a medical cannabis pharmacy or the dispensing of medical
cannabis within the state
.
(2) [
A
] 
Subject to Section 
26-61a-116
, a
 medical cannabis pharmacy may
:
(a)
 advertise an employment opportunity at the medical cannabis pharmacy[
.
]
;
[
(3) (a) Notwithstanding
]
(b) notwithstanding
 any municipal or county ordinance prohibiting signage, [
a medical
cannabis pharmacy may
] use signage on the outside of the medical cannabis pharmacy that:
(i) includes only:
(A) in accordance with Subsection [
(3)(b)
] 
26-61a-116
(4)
, the medical cannabis
pharmacy's name, logo, and hours of operation; and
(B) a green cross; and
(ii) complies with local ordinances regulating signage[
.
]
;
[
(b) The department shall define standards for a medical cannabis pharmacy's name
and logo to ensure a medical rather than recreational disposition.
]
[
(4) (a) A medical cannabis pharmacy may maintain a website that includes
information about:
]
(c) advertise in any medium:
(i) the pharmacy's name and logo;
[
(i)
] 
(ii)
 the location and hours of operation of the medical cannabis pharmacy;
[
(ii)
] 
(iii)
 a [
product or
] service available at the medical cannabis pharmacy;
[
(iii)
] 
(iv)
 personnel affiliated with the medical cannabis pharmacy;
(v) whether the medical cannabis pharmacy is licensed as a home delivery medical
cannabis pharmacy;
[
(iv)
] 
(vi)
 best practices that the medical cannabis pharmacy upholds; and
[
(v)
] 
(vii)
 educational material related to the medical use of cannabis, as defined by the
department[
.
]
; and
(d) hold an educational event for the public or medical providers in accordance with
Subsection (3) and the rules described in Subsection (4).
[
(b) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to define the educational material described in Subsection
(4)(a).
]
[
(5) (a) A medical cannabis pharmacy may hold an educational event for the public or
medical providers in accordance with this Subsection (5) and the rules described in Subsection
(5)(c).
]
[
(b)
] 
(3)
 A medical cannabis pharmacy may not include in an educational event
described in Subsection [
(5)(a)
] 
(2)(d)
:
[
(i)
] 
(a)
 any topic that conflicts with this chapter or Title 4, Chapter 41a, Cannabis
Production Establishments;
[
(ii)
] 
(b)
 any gift items or merchandise other than educational materials, as those terms
are defined by the department;
[
(iii)
] 
(c)
 any marketing for a specific product from the medical cannabis pharmacy or
any other statement, claim, or information that would violate the federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or
[
(iv)
] 
(d)
 a presenter other than the following:
[
(A)
] 
(i)
 a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
[
(B)
] 
(ii)
 an advanced practice registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act;
[
(C)
] 
(iii)
 a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act,
or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
[
(D)
] 
(iv)
 a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act;
[
(E)
] 
(v)
 a medical practitioner, similar to the practitioners described in this Subsection
[
(5)(b)(iv)
] 
(3)(d)(v)
, who is licensed in another state or country;
[
(F)
] 
(vi)
 a state employee; or
[
(G)
] 
(vii)
 if the presentation relates to a cannabis topic other than medical treatment or
medical conditions, an individual whom the department approves based on the individual's
background and credentials in the presented topic.
[
(c)
] 
(4)
 The department shall make rules, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to define
:
(a) the educational material described in Subsection (2)(c)(v); and
(b)
 the elements of and restrictions on the educational event described in Subsection
[
(5)(a),
] 
(3),
 including:
(i) a minimum age of 21 years old for attendees; and
(ii) an exception to the minimum age for a medical cannabis patient cardholder who is
at least 18 years old.
Section 14. Section 
26-61a-604
 is amended to read:
26-61a-604.
Home delivery of medical cannabis shipments -- Medical cannabis
couriers -- License.
(1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home
delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders that the
state central patient portal facilitates, including rules regarding the safe and controlled delivery
of medical cannabis shipments.
(2) A person may not operate as a medical cannabis courier without a license that the
department issues under this section.
(3) (a) Subject to Subsections (5) and (6), the department shall issue a license to
operate as a medical cannabis courier to an applicant who is eligible for a license under this
section.
(b) An applicant is eligible for a license under this section if the applicant submits to
the department:
(i) the name and address of an individual who:
(A) has a financial or voting interest of 2% or greater in the proposed medical cannabis
pharmacy; or
(B) has the power to direct or cause the management or control of a proposed cannabis
production establishment;
(ii) an operating plan that includes operating procedures to comply with the operating
requirements for a medical cannabis courier described in this chapter; and
(iii) an application fee in an amount that, subject to Subsection 
26-61a-109
(5), the
department sets in accordance with Section 
63J-1-504
.
(4) If the department determines that an applicant is eligible for a 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 (3)(b)(ii).
(5) The department may not issue a license to operate as a medical cannabis courier to
an applicant if an individual described in Subsection (3)(b)(ii):
(a) has been convicted under state or federal law of:
(i) a felony; or
(ii) after September 23, 2019, a misdemeanor for drug distribution; or
(b) is younger than 21 years old.
(6) The department may revoke a license under this part if:
(a) the medical cannabis courier does not begin operations within one year after the day
on which the department issues the initial license;
(b) the medical cannabis courier makes the same violation of this chapter three times;
or
(c) an individual described in Subsection (3)(b)(ii) is convicted, while the license is
active, under state or federal law of:
(i) a felony; or
(ii) after September 23, 2019, a misdemeanor for drug distribution.
(7) The department shall deposit the proceeds of a fee imposed by this section in the
Qualified Patient Enterprise Fund.
(8) The department shall begin accepting applications under this section on or before
July 1, 2020.
(9) The department's authority to issue a license under this section is plenary and is not
subject to review.
(10) Each applicant for a license as a medical cannabis courier shall submit, at the time
of application, from each individual who has a financial or voting interest of 2% or greater in
the applicant or who has the power to direct or cause the management or control of the
applicant:
(a) a fingerprint card in a form acceptable to the Department of Public Safety;
(b) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the individual's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
(c) consent to a fingerprint background check by:
(i) the Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
(11) The Bureau of Criminal Identification shall:
(a) check the fingerprints the applicant submits under Subsection (10) against the
applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(b) report the results of the background check to the department;
(c) maintain a separate file of fingerprints that applicants submit under Subsection (10)
for search by future submissions to the local and regional criminal records databases, including
latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(12) The department shall:
(a) assess an individual who submits fingerprints under Subsection (10) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (12)(a) to the Bureau of Criminal
Identification.
(13) The department shall renew a license under this section every year if, at the time
of renewal:
(a) the licensee meets the requirements of this section; and
(b) the licensee pays the department a license renewal fee in an amount that, subject to
Subsection 
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
.
(14) A person applying for a medical cannabis courier license shall submit to the
department a proposed operating plan that complies with this section and that includes:
(a) a description of the physical characteristics of any proposed facilities, including a
floor plan and an architectural elevation, and delivery vehicles;
(b) a description of the credentials and experience of each officer, director, or owner of
the proposed medical cannabis courier;
(c) the medical cannabis courier's employee training standards;
(d) a security plan; and
(e) storage and delivery protocols, both short and long term, to ensure that medical
cannabis shipments are stored and delivered in a manner that is sanitary and preserves the
integrity of the cannabis.
(15) (a) Except as provided in Subsection (15)(b), a person may not advertise regarding
the transportation of medical cannabis.
(b) Notwithstanding Subsection (15)(a) and subject to Section 
26-61a-116
, a licensed
home delivery medical cannabis pharmacy or a licensed medical cannabis courier may
advertise:
(i) a green cross;
(ii) the pharmacy's or courier's name and logo; and
(iii) that the pharmacy or courier is licensed to transport medical cannabis shipments.
Section 15. Section 
26-61a-607
 is amended to read:
26-61a-607.
Home delivery of medical cannabis shipments.
(1) An individual may not receive and a medical cannabis pharmacy agent or a medical
cannabis courier agent may not deliver a medical cannabis shipment from a home delivery
medical cannabis pharmacy unless:
(a) the individual receiving the shipment presents:
(i) a valid form of photo identification; and
(ii) 
(A)
 a valid medical cannabis card under the same name that appears on the valid
form of photo identification; [
and
] 
or
(B) for a facility that a medical cannabis cardholder has designated as a caregiver under
Subsection 
26-61a-202
(1)(b), evidence of the facility caregiver designation; and
(b) the delivery occurs at
:
(i)
 the medical cannabis cardholder's home address that is on file in the state electronic
verification system[
.
]
; or
(ii) the facility that the medical cannabis cardholder has designated as a caregiver under
Subsection 
26-61a-202
(1)(b).
(2) Before a medical cannabis pharmacy agent or a medical cannabis courier agent
distributes a medical cannabis shipment to a medical cannabis cardholder, the agent shall:
(a) verify the shipment information using the state electronic verification system;
(b) ensure that the individual satisfies the identification requirements in Subsection (1);
(c) verify that payment is complete; and
(d) record the completion of the shipment transaction in a manner such that the
delivery of the shipment will later be recorded within a reasonable period in the electronic
verification system.
(3) The medical cannabis courier shall:
(a) (i) store each medical cannabis shipment in a secure manner until the recipient
medical cannabis cardholder receives the shipment or the medical cannabis courier returns the
shipment to the home delivery medical cannabis pharmacy in accordance with Subsection (4);
and
(ii) ensure that only a medical cannabis courier agent is able to access the medical
cannabis shipment until the recipient medical cannabis cardholder receives the shipment;
(b) return any undelivered medical cannabis shipment to the home delivery medical
cannabis pharmacy, in accordance with Subsection (4), after the medical cannabis courier has
possessed the shipment for 10 business days; and
(c) return any medical cannabis shipment to the home delivery medical cannabis
pharmacy, in accordance with Subsection (4), if a medical cannabis cardholder refuses to
accept the shipment.
(4) (a) If a medical cannabis courier or home delivery medical cannabis pharmacy
agent returns an undelivered medical cannabis shipment that remains unopened, the home
delivery medical cannabis pharmacy may repackage or otherwise reuse the shipment.
(b) If a medical cannabis courier or home delivery medical cannabis pharmacy agent
returns an undelivered or refused medical cannabis shipment under Subsection (3) that appears
to be opened in any way, the home delivery medical cannabis pharmacy shall dispose of the
shipment by:
(i) rendering the shipment unusable and unrecognizable before transporting the
shipment from the home delivery medical cannabis pharmacy; and
(ii) disposing of the shipment in accordance with:
(A) federal and state laws, rules, and regulations related to hazardous waste;
(B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
(C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
(D) other regulations that the department makes in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
Section 16. Section 
26-61a-702
 is amended to read:
26-61a-702.
Enforcement -- Fine -- Citation.
(1) (a) The department may, for a medical cannabis pharmacy's 
or a medical cannabis
courier's
 violation of this chapter or an applicable administrative rule:
(i) revoke the medical cannabis pharmacy 
or medical cannabis courier
 license;
(ii) refuse to renew the medical cannabis pharmacy 
or medical cannabis courier
license; or
(iii) assess the medical cannabis pharmacy 
or medical cannabis courier
 an
administrative penalty.
(b) The department may, for a medical cannabis pharmacy agent's or medical cannabis
courier agent's violation of this chapter:
(i) revoke the medical cannabis pharmacy agent or medical cannabis courier agent
registration card;
(ii) refuse to renew the medical cannabis pharmacy agent or medical cannabis courier
agent registration card; or
(iii) assess the medical cannabis pharmacy agent or medical cannabis courier agent an
administrative penalty.
(2) The department shall deposit an administrative penalty imposed under this section
into the General Fund.
(3) For a person subject to an uncontested citation, a stipulated settlement, or a finding
of a violation in an adjudicative proceeding under this section, the department may:
(a) for a fine amount not already specified in law, assess the person a fine of up to
$5,000 per violation, in accordance with a fine schedule that the department establishes by rule
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(b) order the person to cease and desist from the action that creates a violation.
(4) The department may not revoke a medical cannabis pharmacy's license or a medical
cannabis courier's license without first directing the medical cannabis pharmacy or the medical
cannabis courier to appear before an adjudicative proceeding conducted under Title 63G,
Chapter 4, Administrative Procedures Act.
(5) If, within 20 calendar days after the day on which the department issues a citation
for a violation of this chapter, the person that is the subject of the citation fails to request a
hearing to contest the citation, the citation becomes the department's final order.
(6) The department may, for a person who fails to comply with a citation under this
section:
(a) refuse to issue or renew the person's license or agent registration card; or
(b) suspend, revoke, or place on probation the person's license or agent registration
card.
(7) (a) Except where a criminal penalty is expressly provided for a specific violation of
this chapter, if an individual violates a provision of this chapter, the individual is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(b) An individual who is guilty of a violation described in Subsection (7)(a) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (7)(a).
Section 17. Section 
53B-17-903
 is enacted to read:
 53B-17-903.
Education in pain treatment.
The University of Utah School of Medicine shall ensure that any licensed physicians
who oversee fellowship training to specialize in pain treatment are qualified medical providers,
as that term is defined in Section 
26-61a-102
.
Section 18. 
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.