Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 230 Second Substitute (2023GS)

Sponsor

Rep. Dailey-Provost, J.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies membership requirements for members of the Cannabis Research Review Board;
• creates the Center for Medical Cannabis Research (center) within the University of Utah;
• requires the Department of Health and Human Services to work with the center to create guidance on medical cannabis use;
• allows the center to be funded by the Qualified Patient Enterprise Fund; and
• establishes the center's duties.

Every vote on this bill

Bill text

CENTER FOR MEDICAL CANNABIS RESEARCH
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill creates the Center for Medical Cannabis Research.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies membership requirements for members of the Cannabis Research Review
Board;
▸ creates the Center for Medical Cannabis Research (center) within the University of
Utah;
▸ requires the Department of Health and Human Services to work with the center to
create guidance on medical cannabis use;
▸ allows the center to be funded by the Qualified Patient Enterprise Fund; and
▸ establishes the center's duties. 
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2024:
▸ to the University of Utah - Education and General - Center for Medical Cannabis
Research, as an ongoing appropriation:
• from the Qualified Patient Enterprise Fund, $650,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-61-201
, as last amended by Laws of Utah 2022, Chapter 452
26-61a-109
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-703
, as last amended by Laws of Utah 2022, Chapter 97
ENACTS:
26-61a-117
, Utah Code Annotated 1953
53B-17-1401
, Utah Code Annotated 1953
53B-17-1402
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-61-201
 is amended to read:
26-61-201.
Cannabis Research Review Board.
(1) There is created the 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 Cannabis Research Review Board
as follows:
(a) three individuals who are medical research professionals; and
(b) four physicians [
who
]
:
(i)
who
 are qualified medical providers
; and
(ii) at least two who have at least 100 patients with a medical cannabis patient card at
the time of appointment
.
(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
(b) meet as often as necessary to accomplish the duties assigned to the board under this
chapter.
(7) Each board member, including the chair, has one vote.
(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.
(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 2. Section 
26-61a-109
 is amended to read:
26-61a-109.
Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality.
(1) There is created an enterprise fund known as the "Qualified Patient Enterprise
Fund."
(2) The fund created in this section is funded from:
(a) money the department deposits into the fund under this chapter;
(b) appropriations the Legislature makes to the fund; and
(c) the interest described in Subsection (3).
(3) Interest earned on the fund shall be deposited into the fund.
[
(4) The department may only use money in the fund to fund the department's
responsibilities under this chapter
]
(4) Money deposited into the fund may only be used by:
(a) the department to accomplish the department's responsibilities described in this
chapter; and
(b) the Center for Medical Cannabis Research created in Section 
53B-17-1402
 to
accomplish the Center for Medical Cannabis Research's responsibilities
.
(5) The department shall set fees authorized under this chapter in amounts that the
department anticipates are necessary, in total, to cover the department's cost to implement this
chapter.
Section 3. Section 
26-61a-117
 is enacted to read:
 26-61a-117.
Guidance for treatment with medical cannabis.
The department, in consultation with the Center for Medical Cannabis Research created
in Section 
53B-17-1402
, shall:
(1) develop evidence-based guidance for treatment with medical cannabis based on the
latest medical research that shall include:
(a) for each qualifying condition, a summary of the latest medical research regarding
the treatment of the qualifying condition with medical cannabis;
(b) risks, contraindications, side effects, and adverse reactions that are associated with
medical cannabis use; and
(c) potential drug interactions between medical cannabis and medications that have
been approved by the United States Food and Drug Administration; and
(2) educate recommending medical providers, pharmacy medical providers, medical
cannabis cardholders, and the public regarding:
(a) the evidence-based guidance for treatment with medical cannabis described in
Subsection (1)(a);
(b) relevant warnings and safety information related to medical cannabis use; and
(c) other topics related to medical cannabis use as determined by the department.
Section 4. Section 
26-61a-703
 is amended to read:
26-61a-703.
Report.
(1) By the November interim meeting each year beginning in 2020, the department
shall report to the Health and Human Services Interim Committee on:
(a) the number of applications and renewal applications filed for medical cannabis
cards;
(b) the number of qualifying patients and designated caregivers;
(c) the nature of the debilitating medical conditions of the qualifying patients;
(d) the age and county of residence of cardholders;
(e) the number of medical cannabis cards revoked;
(f) the number of practitioners providing recommendations for qualifying patients;
(g) the number of license applications and renewal license applications received;
(h) the number of licenses the department has issued in each county;
(i) the number of licenses the department has revoked;
(j) the quantity of medical cannabis shipments that the state central patient portal
facilitates;
(k) the number of overall purchases of medical cannabis and medical cannabis products
from each medical cannabis pharmacy;
(l) the expenses incurred and revenues generated from the medical cannabis program;
and
(m) an analysis of product availability in medical cannabis pharmacies.
(2) The report shall include information provided by the Center for Medical Cannabis
Research described in Section 
53B-17-1402
.
[
(2)
] 
(3)
 The department may not include personally identifying information in the
report described in this section.
[
(3)
] 
(4)
 During the 2022 legislative interim, the department shall report to the working
group described in Section 
36-12-8.2
 as requested by the working group.
Section 5. Section 
53B-17-1401
 is enacted to read:
CHAPTER 17. UNIVERSITY OF UTAH
Part 14. Center for Medical Cannabis Research
 53B-17-1401.
Definitions.
As used in this part:
(1) "Academic research cannabis license" means the license described in Title 4,
Chapter 41a, Part 9, Academic Medical Cannabis Research.
(2) "Cannabis" means the same as that term is defined in Section 
26-61a-102
.
(3) "Cannabis cultivation facility" means the same as that term is defined in Section
4-41a-102
.
(4) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
(5) "Center" means the Center for the Medical Cannabis Research created in Section
53B-17-1402
.
(6) "Eligible institution" means an institution of higher education that:
(a) is located in Utah; and
(b) has or will obtain an academic research cannabis license.
(7) "Medical cannabis patient card" means the same as that term is defined in Section
26-61a-102
.
Section 6. Section 
53B-17-1402
 is enacted to read:
 53B-17-1402.
Center creation -- Duties.
(1) There is created the Center for Medical Cannabis Research within the University of
Utah.
(2) The center:
(a) shall seek state, federal, and private funds to award grants for medical cannabis
research;
(b) shall facilitate and support funding for research related to the health effects,
including the potential risks or side effects, of the use of cannabis products;
(c) shall facilitate and support funding for research related to the efficacy and potential
health effects of various cannabis delivery methods, including vaporizing, ingesting, topical
application, and combustion;
(d) shall support researchers in applying for and securing federal and private research
grant funding for expanding medical cannabis research;
(e) shall review current and future cannabis research literature, clinical studies, and
clinical trials;
(f) shall educate medical providers, lawmakers, and the public about medical cannabis
research advances;
(g) shall, if requested, consult with researchers and eligible institutions seeking to
conduct medical cannabis research regarding legal implications of the research under state and
federal law;
(h) shall monitor, to the extent that appropriate and sufficient data are available, patient
outcomes in any state with a medicinal cannabis program;
(i) may coordinate, share knowledge, and share best practices with a state:
(i) that has a medical cannabis program; and
(ii) is conducting cannabis research;
(j) may award or facilitate funding for grants to an eligible institution for medical
cannabis research, including research regarding the growing of a medical-grade cannabis plant
that is used for a cannabis product;
(k) shall support a licensed cannabis cultivation facility to provide medical-grade
cannabis products for research;
(l) shall make, for research conducted by the center, the research outcomes publicly
available;
(m) shall maintain a catalog of all published scientific reports based on projects funded
or managed by the center;
(n) shall ensure that an individual who agrees to use a cannabis product as part of a
research project conducted by the center or a grantee has:
(i) a valid medical cannabis patient card from the state; or
(ii) if included in the research project as a resident of another state, the equivalent of a
medical cannabis patient card under the laws of another state, district, territory,
commonwealth, or insular possession of the United States;
(o) shall obtain an academic research cannabis license;
(p) may apply for, or assist an eligible institution to apply for, a federal cannabis
cultivation registration to locate a cannabis cultivation site in Utah; and
(q) for the report described in Section 
26-61a-703
, shall provide information to the
Department of Health and Human Services describing:
(i) all research projects that are funded by a grant awarded by the center, including
which institution received the grant;
(ii) all research projects conducted by the center; and
(iii) the adequacy of funding for the center's duties.
(3) For research funded, conducted, or facilitated by the center, the center shall ensure
the research:
(a) includes appropriate research development, testing, and evaluation; and
(b) if the research involves human subjects, is reviewed, approved, and overseen by an
institutional review board as defined in Section 
26-61-102
.
(4) The University of Utah shall provide staff for the center.
Section 7. 
Appropriation.
 The following sums of money are appropriated for the fiscal year beginning July 1,
2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To University of Utah - Education and General
From Qualified Patient Enterprise Fund
650,000
Schedule of Programs:
 Center for Medical Cannabis Research 650,000
The Legislature intends that the Center for Medical Cannabis Research (center) use the
appropriation under this item to carry out the center's duties described in Section 
53B-17-1402
.