Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 137 Second Substitute (2023GS)

Sponsor

Sen. Escamilla, L.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the testing for terpene profiles for certain cannabis products;
• requires medical cannabis pharmacies to provide terpene information for certain cannabis products;
• modifies patient caps for qualified medical providers;
• for the initial issuance of a medical cannabis card, extends the expiration date from six months to one year unless the recommending medical provider provides a shorter expiration date;
• allows the Department of Health and Human Services to revoke a medical cannabis patient card if the recommending medical provider withdraws the provider's recommendation for medical cannabis;
• allows certain physician assistants to diagnose post-traumatic stress syndrome for the purpose of recommending medical cannabis;
• allows medical cannabis pharmacies to maintain a liquid cash account instead of a surety bond;
• allows the Compassionate Use Board to review the recommendation of a cannabis product that must be vaporized under certain circumstances;
• allows a recommending medical provider to provide an initial recommendation for medical cannabis virtually under certain circumstances;
• modifies continuing education requirements for qualified medical providers;
• allows an individual residing in certain care facilities to use an expired license to obtain medical cannabis;
• consolidates certain criminal background check requirements for guardians and caregivers;

Every vote on this bill

Bill text

MEDICAL CANNABIS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
Raymond P. Ward
LONG TITLE
General Description:
This bill enacts provisions related to medical cannabis.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the testing for terpene profiles for certain cannabis products;
▸ requires medical cannabis pharmacies to provide terpene information for certain
cannabis products;
▸ modifies patient caps for qualified medical providers;
▸ for the initial issuance of a medical cannabis card, extends the expiration date from
six months to one year unless the recommending medical provider provides a
shorter expiration date;
▸ allows the Department of Health and Human Services to revoke a medical cannabis
patient card if the recommending medical provider withdraws the provider's
recommendation for medical cannabis;
▸ allows certain physician assistants to diagnose post-traumatic stress syndrome for
the purpose of recommending medical cannabis;
▸ allows medical cannabis pharmacies to maintain a liquid cash account instead of a
surety bond;
▸ allows the Compassionate Use Board to review the recommendation of a cannabis
product that must be vaporized under certain circumstances;
▸ allows a recommending medical provider to provide an initial recommendation for
medical cannabis virtually under certain circumstances;
▸ modifies continuing education requirements for qualified medical providers;
▸ allows an individual residing in certain care facilities to use an expired license to
obtain medical cannabis;
▸ consolidates certain criminal background check requirements for guardians and
caregivers;
▸ for publicly traded medical cannabis pharmacies, changes the ownership percentage
an individual must have to be:
• listed in an application for a license; or
• required to submit a background check;
▸ repeals provisions related to the state central patient portal medical provider;
▸ removes the requirement that before an individual obtains a medical cannabis
pharmacy agent card that the individual be employed by a medical cannabis
pharmacy;
▸ removes the requirement that before an individual obtains a medical cannabis
courier agent card that the individual be employed by a medical cannabis courier;
▸ authorizes a medical cannabis pharmacy to engage in targeted marketing; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-41a-701
, as last amended by Laws of Utah 2022, Chapter 290
26-61-202
, as last amended by Laws of Utah 2022, Chapter 415
26-61a-102
, as last amended by Laws of Utah 2022, Chapters 290, 452
26-61a-103
, as last amended by Laws of Utah 2022, Chapters 290, 415
26-61a-104
, as last amended by Laws of Utah 2022, Chapters 277, 452
26-61a-105
, as last amended by Laws of Utah 2022, Chapter 452
26-61a-106
, as last amended by Laws of Utah 2022, Chapters 415, 452
26-61a-116
, as enacted by Laws of Utah 2022, Chapter 452
26-61a-201
, as last amended by Laws of Utah 2022, Chapters 198, 290 and 452
26-61a-202
, as last amended by Laws of Utah 2022, Chapters 290, 452
26-61a-301
, as last amended by Laws of Utah 2022, Chapter 290
26-61a-302
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
26-61a-401
, as last amended by Laws of Utah 2022, Chapters 290, 415
26-61a-403
, as last amended by Laws of Utah 2022, Chapters 415, 452
26-61a-501
, as last amended by Laws of Utah 2022, Chapters 290, 415
26-61a-502
, as last amended by Laws of Utah 2022, Chapter 290
26-61a-503
, as last amended by Laws of Utah 2022, Chapter 415
26-61a-505
, as last amended by Laws of Utah 2022, Chapter 452 and last amended by
Coordination Clause, Laws of Utah 2022, Chapter 290
26-61a-506
, as last amended by Laws of Utah 2022, Chapter 415
26-61a-601
, as last amended by Laws of Utah 2021, Chapter 337
26-61a-604
, as last amended by Laws of Utah 2022, Chapters 290, 452
26-61a-606
, as last amended by Laws of Utah 2022, Chapters 290, 415
26-61a-607
, as last amended by Laws of Utah 2022, Chapter 452
58-17b-502
, as last amended by Laws of Utah 2022, Chapter 465
58-67-502
, as last amended by Laws of Utah 2021, Chapter 337
58-68-502
, as last amended by Laws of Utah 2021, Chapter 337
78A-2-231
, as last amended by Laws of Utah 2022, Chapter 256
80-3-110
, as last amended by Laws of Utah 2022, Chapter 256
80-4-109
, as enacted by Laws of Utah 2021, Chapter 261
ENACTS:
26-61a-117
, Utah Code Annotated 1953
26-61a-206
, Utah Code Annotated 1953
REPEALS:
26-61a-602
, as last amended by Laws of Utah 2020, Chapter 354
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-41a-701
 is amended to read:
4-41a-701.
Cannabis and cannabis product testing.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules to:
(a) determine required adulterant tests for a cannabis plant product, cannabis
concentrate, or cannabis product;
(b) determine the amount of any adulterant that is safe for human consumption;
(c) establish protocols for a recall of cannabis or a cannabis product by a cannabis
production establishment; or
(d) allow the propagation of testing results forward to derived product if the processing
steps the cannabis production establishment uses to produce the product are unlikely to change
the results of the test.
(2) The department may require testing for a toxin if:
(a) the department receives information indicating the potential presence of a toxin; or
(b) the department's inspector has reason to believe a toxin may be present based on the
inspection of a facility.
(3) (a) A cannabis production establishment may not:
(i) incorporate cannabis concentrate into a cannabis derivative product until an
independent cannabis testing laboratory tests the cannabis concentrate in accordance with
department rule; or
(ii) transfer cannabis or a cannabis product to a medical cannabis pharmacy until an
independent cannabis testing laboratory tests a representative sample of the cannabis or
cannabis product in accordance with department rule.
(b) A medical cannabis pharmacy may not offer any cannabis or cannabis product for
sale unless an independent cannabis testing laboratory has tested a representative sample of the
cannabis or cannabis product in accordance with department rule.
(4) Before the sale of a cannabis product, an independent cannabis testing laboratory
shall
:
(a)
 identify and quantify any cannabinoid known to be present in a cannabis product[
.
]
;
and
(b) test terpene profiles for the following products:
(i) raw cannabis; or
(ii) a cannabis product:
(A) contained in a vaporizer cartridge; or
(B) in concentrate form; and
(c) record the five highest terpene profiles tested under Subsection (4)(b).
(5) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the
testing of cannabis and cannabis products by independent cannabis testing laboratories.
(6) The department may require an independent cannabis testing laboratory to
participate in a proficiency evaluation that the department conducts or that an organization that
the department approves conducts.
Section 2. Section 
26-61-202
 is amended to read:
26-61-202.
Duties.
(1) The board shall review any available scientific research related to the human use of
cannabis, a cannabinoid product, or an expanded cannabinoid product that:
(a) was conducted under a study approved by an IRB;
(b) was conducted or approved by the federal government; or
(c) (i) was conducted in another country; and
(ii) demonstrates, as determined by the board, a sufficient level of scientific reliability
and significance to merit the board's review.
(2) Based on the research described in Subsection (1), the board shall evaluate the
safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
including:
(a) medical conditions that respond to cannabis, cannabinoid products, and expanded
cannabinoid products;
(b) cannabis and cannabinoid dosage amounts and medical dosage forms;
(c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products
with other treatments; and
(d) contraindications, adverse reactions, and potential side effects from use of cannabis,
cannabinoid products, and expanded cannabinoid products.
(3) 
(a)
 Based on the board's evaluation under Subsection (2), the board shall develop
guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
product that include:
[
(a)
] 
(i)
 a list of medical conditions, if any, that the board determines are appropriate
for treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
cannabinoid product;
[
(b)
] 
(ii)
 a list of contraindications, side effects, and adverse reactions that are
associated with use of cannabis, cannabinoid products, or expanded cannabinoid products;
[
(c)
] 
(iii)
 a list of potential drug-drug interactions between medications that the United
States Food and Drug Administration has approved and cannabis, cannabinoid products, and
expanded cannabinoid products; and
[
(d)
] 
(iv)
 any other guideline the board determines appropriate.
[
(4)
] 
(b)
 The board shall submit the guidelines described in Subsection (3) to the
director of the Division of Professional Licensing.
[
(5)
] 
(c)
 Guidelines that the board develops under this section may not limit the
availability of cannabis, cannabinoid products, or expanded cannabinoid products permitted
under Title 4, Chapter 41a, Cannabis Production Establishments, or Title 26, Chapter 61a, Utah
Medical Cannabis Act.
(4) The board shall provide a report to the Health and Human Services Interim
Committee regarding the board's work before October 1 of each year.
Section 3. Section 
26-61a-102
 is amended to read:
26-61a-102.
Definitions.
As used in this chapter:
(1) "Active tetrahydrocannabinol" means THC, any THC analog, and
tetrahydrocannabinolic acid.
(2) "Advertise" or "advertising" means information provided by a medical cannabis
pharmacy in any medium:
(a) to the public; and
(b) that is not age restricted to an individual who is at least 21 years old.
[
(2)
] 
(3)
 " Cannabis Research Review Board" means the Cannabis Research Review
Board created in Section 
26-61-201
.
[
(3)
] 
(4)
 "Cannabis" means marijuana.
[
(4)
] 
(5)
 "Cannabis cultivation facility" means the same as that term is defined in
Section 
4-41a-102
.
[
(5)
] 
(6)
 "Cannabis processing facility" means the same as that term is defined in
Section 
4-41a-102
.
[
(6)
] 
(7)
 "Cannabis product" means a product that:
(a) is intended for human use; and
(b) contains cannabis or any tetrahydrocannabinol or THC analog in a total
concentration of 0.3% or greater on a dry weight basis.
[
(7)
] 
(8)
 "Cannabis production establishment" means the same as that term is defined
in Section 
4-41a-102
.
[
(8)
] 
(9)
 "Cannabis production establishment agent" means the same as that term is
defined in Section 
4-41a-102
.
[
(9)
] 
(10)
 "Cannabis production establishment agent registration card" means the same
as that term is defined in Section 
4-41a-102
.
[
(10)
] 
(11)
 "Community location" means a public or private elementary or secondary
school, a church, a public library, a public playground, or a public park.
[
(11)
] 
(12)
 "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)
] 
(13)
 "Controlled substance database" means the controlled substance database
created in Section 
58-37f-201
.
(14) "Delivery address" means:
(a) for a medical cannabis cardholder who is not a facility, the medical cannabis
cardholder's home address; or
(b) for a medical cannabis cardholder that is a facility, the facility's address.
[
(13)
] 
(15)
 "Department" means the Department of Health.
[
(14)
] 
(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).
[
(15)
] 
(17)
 "Directions of use" means recommended routes of administration for a
medical cannabis treatment and suggested usage guidelines.
[
(16)
] 
(18)
 "Dosing guidelines" means a quantity range and frequency of administration
for a recommended treatment of medical cannabis.
[
(17)
] 
(19)
 "Financial institution" means a bank, trust company, savings institution, or
credit union, chartered and supervised under state or federal law.
(20) "Government issued photo identification" means any of the following forms of
identification:
(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 foreign passport.
[
(18)
] 
(21)
 "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
] 
delivery address
 to
fulfill electronic orders that the state central patient portal facilitates.
[
(19)
] 
(22)
 "Inventory control system" means the system described in Section
4-41a-103
.
[
(20)
] 
(23)
 "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.
[
(21)
] 
(24)
 "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.
[
(22)
] 
(25)
 "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).
[
(23)
] 
(26)
 "Marijuana" means the same as that term is defined in Section 
58-37-2
.
[
(24)
] 
(27)
 "Medical cannabis" means cannabis in a medicinal dosage form or a
cannabis product in a medicinal dosage form.
[
(25)
] 
(28)
 "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.
[
(26)
] 
(29)
 "Medical cannabis cardholder" means:
(a) a holder of a medical cannabis card; or
(b) a facility or assigned employee, described in Subsection[
(14)(b),
] 
(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.
[
(27)
] 
(30)
 "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.
[
(28)
] 
(31)
 "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.
[
(29)
] 
(32)
 "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 
issued by the department
.
[
(30)
] 
(33)
 (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.
[
(31)
] 
(34)
 "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.
[
(32)
] 
(35)
 "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.
[
(33)
] 
(36)
 "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.
[
(34)
] 
(37)
 "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 
issued by the department
.
[
(35)
] 
(38)
 "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.
[
(36)
] 
(39)
 "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
] 
delivery address
 to
fulfill an electronic medical cannabis order that the state central patient portal facilitates.
[
(37)
] 
(40)
 "Medical cannabis treatment" means cannabis in a medicinal dosage form, a
cannabis product in a medicinal dosage form, or a medical cannabis device.
[
(38)
] 
(41)
 (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 that, after December 1, 2022, does not exceed 30 ml;
(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;
(I) a resin or wax; or
(J) an aerosol; or
(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 [
(38)
] 
(41)
(a)(ii) for use; and
(ii) does not exceed the quantity described in Subsection [
(38)
] 
(41)
(a)(ii).
(c) "Medicinal dosage form" does not include:
(i) any unprocessed cannabis flower outside of the container described in Subsection
[
(38)
] 
(41)
(a)(ii), except as provided in Subsection [
(38)
] 
(41)
(b);
(ii) any unprocessed cannabis flower in a container described in Subsection [
(38)
]
(41)
(a)(ii) after the legal use termination date;
(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; or
(iv) a liquid suspension that is branded as a beverage.
[
(39)
] 
(42)
 "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
.
[
(40)
] 
(43)
 "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.
[
(41)
] 
(44)
 "Pharmacy medical provider" means the medical provider required to be on
site at a medical cannabis pharmacy under Section 
26-61a-403
.
[
(42)
] 
(45)
 "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.
[
(43)
] 
(46)
 "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
.
[
(44)
] 
(47)
 "Qualified Patient Enterprise Fund" means the enterprise fund created in
Section 
26-61a-109
.
[
(45)
] 
(48)
 "Qualifying condition" means a condition described in Section 
26-61a-104
.
[
(46)
] 
(49)
 "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.
[
(47)
] 
(50)
 "Recommending medical provider" means a qualified medical provider or a
limited medical provider.
[
(48)
] 
(51)
 "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.
[
(49)
] 
(52)
 "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.
[
(50) "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
.
]
[
(51)
] 
(53)
 "State electronic verification system" means the system described in Section
26-61a-103
.
(54) "Targeted marketing" means the promotion by a medical cannabis pharmacy of a
medical cannabis product, medical cannabis brand, or a medical cannabis device using any of
the following methods:
(a) electronic communication to an individual who is at least 21 years old and has
requested to receive promotional information from the medical cannabis pharmacy;
(b) an in-person marketing event that is:
(i) held inside a medical cannabis pharmacy; and
(ii) in an area where only a medical cannabis cardholder may access the event; or
(c) other marketing material that is physically available or digitally displayed in:
(i) a medical cannabis pharmacy; and
(ii) an area where only a medical cannabis cardholder has access.
[
(52)
] 
(55)
 "Tetrahydrocannabinol" or "THC" means a substance derived from
cannabis or a synthetic equivalent as described in Subsection 
58-37-4
(2)(a)(iii)(AA).
[
(53)
] 
(56)
 "THC analog" means the same as that term is defined in Section 
4-41-102
.
[
(54) "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 4. Section 
26-61a-103
 is amended to read:
26-61a-103.
Electronic verification system.
(1) The Department of Agriculture and Food, the department, the Department of Public
Safety, and the Division of Technology Services shall:
(a) enter into a memorandum of understanding in order to determine the function and
operation of the state electronic verification system in accordance with Subsection (2);
(b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
Procurement Code, to develop a request for proposals for a third-party provider to develop and
maintain the state electronic verification system in coordination with the Division of
Technology Services; and
(c) select a third-party provider who:
(i) meets the requirements contained in the request for proposals issued under
Subsection (1)(b); and
(ii) may not have any commercial or ownership interest in a cannabis production
establishment or a medical cannabis pharmacy.
(2) The Department of Agriculture and Food, the department, the Department of Public
Safety, and the Division of Technology Services shall ensure that[
, on or before March 1,
2020,
] the state electronic verification system described in Subsection (1):
(a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
medical cannabis guardian card, provided that the card may not become active until:
(i) the relevant qualified medical provider completes the associated medical cannabis
recommendation; or
(ii) for a medical cannabis card related to a limited medical provider's
recommendation, the medical cannabis pharmacy completes the recording described in
Subsection (2)(d);
(b) allows an individual to apply to renew a medical cannabis patient card or a medical
cannabis guardian card in accordance with Section 
26-61a-201
;
(c) allows a qualified medical provider, or an employee described in Subsection (3)
acting on behalf of the qualified medical provider, to:
(i) access dispensing and card status information regarding a patient:
(A) with whom the qualified medical provider has a provider-patient relationship; and
(B) for whom the qualified medical provider has recommended or is considering
recommending a medical cannabis card;
(ii) electronically recommend[
, after an initial face-to-face visit with a patient
described in Subsection 
26-61a-201
(4)(a)(iii),
] treatment with cannabis in a medicinal dosage
form or a cannabis product in a medicinal dosage form and optionally recommend dosing
guidelines; [
and
]
(iii) electronically renew a recommendation to a medical cannabis patient cardholder or
medical cannabis guardian cardholder:
(A) using telehealth services, for the qualified medical provider who originally
recommended a medical cannabis treatment during a face-to-face visit with the patient; or
(B) during a face-to-face visit with the patient, for a qualified medical provider who
did not originally recommend the medical cannabis treatment during a face-to-face visit[
.
]
; and
(iv) submit an initial application, renewal application, or application payment on behalf
of an individual applying for any of the following:
(A) a medical cannabis patient card;
(B) a medical cannabis guardian card; or
(C) a medical cannabis caregiver card;
(d) [
beginning on the earlier of September 1, 2021, or the date on which the electronic
verification system is functionally capable of facility medical cannabis pharmacy recording,
]
allows a medical cannabis pharmacy medical provider or medical cannabis pharmacy agent, in
accordance with Subsection 
26-61a-501
(10)(a), to:
(i) access the electronic verification system to review the history within the system of a
patient with whom the provider or agent is interacting, limited to read-only access for medical
cannabis pharmacy agents unless the medical cannabis pharmacy's pharmacist in charge
authorizes add and edit access;
(ii) record a patient's recommendation from a limited medical provider, including any
directions of use, dosing guidelines, or caregiver indications from the limited medical provider;
[
and
]
(iii) record a limited medical provider's renewal of the provider's previous
recommendation; 
and
(iv) submit an initial application, renewal application, or application payment on behalf
of an individual applying for any of the following:
(A) a medical cannabis patient card;
(B) a medical cannabis guardian card; or
(C) a medical cannabis caregiver card;
(e) connects with:
(i) an inventory control system that a medical cannabis pharmacy uses to track in real
time and archive purchases of any cannabis in a medicinal dosage form, cannabis product in a
medicinal dosage form, or a medical cannabis device, including:
(A) the time and date of each purchase;
(B) the quantity and type of cannabis, cannabis product, or medical cannabis device
purchased;
(C) any cannabis production establishment, any medical cannabis pharmacy, or any
medical cannabis courier associated with the cannabis, cannabis product, or medical cannabis
device; and
(D) the personally identifiable information of the medical cannabis cardholder who
made the purchase; and
(ii) any commercially available inventory control system that a cannabis production
establishment utilizes in accordance with Section 
4-41a-103
 to use data that the Department of
Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
track and confirm compliance;
(f) provides access to:
(i) the department to the extent necessary to carry out the department's functions and
responsibilities under this chapter;
(ii) the Department of Agriculture and Food to the extent necessary to carry out the
functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
41a, Cannabis Production Establishments; and
(iii) the Division of Professional Licensing to the extent necessary to carry out the
functions and responsibilities related to the participation of the following in the
recommendation and dispensing of medical cannabis:
(A) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(C) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
Act;
(g) provides access to and interaction with the state central patient portal;
(h) communicates dispensing information from a record that a medical cannabis
pharmacy submits to the state electronic verification system under Subsection
[
26-61a-502
(6)(a)(ii)
] 
26-61a-502
(5)(a)(ii)
 to the controlled substance database;
(i) provides access to state or local law enforcement:
(i) during a law enforcement encounter, without a warrant, using the individual's driver
license or state ID, only for the purpose of determining if the individual subject to the law
enforcement encounter has a valid medical cannabis card; or
(ii) after obtaining a warrant; and
(j) creates a record each time a person accesses the system that identifies the person
who accesses the system and the individual whose records the person accesses.
(3) (a) [
Beginning on the earlier of September 1, 2021, or the date on which the
electronic verification system is functionally capable of allowing employee access under this
Subsection (3), an
] 
An
 employee of a qualified medical provider may access the electronic
verification system for a purpose described in Subsection (2)(c) on behalf of the qualified
medical provider if:
(i) the qualified medical provider has designated the employee as an individual
authorized to access the electronic verification system on behalf of the qualified medical
provider;
(ii) the qualified medical provider provides written notice to the department of the
employee's identity and the designation described in Subsection (3)(a)(i); and
(iii) the department grants to the employee access to the electronic verification system.
(b) An employee of a business that employs a qualified medical provider may access
the electronic verification system for a purpose described in Subsection (2)(c) on behalf of the
qualified medical provider if:
(i) the qualified medical provider has designated the employee as an individual
authorized to access the electronic verification system on behalf of the qualified medical
provider;
(ii) the qualified medical provider and the employing business jointly provide written
notice to the department of the employee's identity and the designation described in Subsection
(3)(b)(i); and
(iii) the department grants to the employee access to the electronic verification system.
(4) (a) As used in this Subsection (4), "prescribing provider" means:
(i) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act.
(b) [
Beginning on the earlier of September 1, 2021, or the date on which the electronic
verification system is functionally capable of allowing provider access under this Subsection
(4), a
] 
A
 prescribing provider may access information in the electronic verification system
regarding a patient the prescribing provider treats.
(5) The department may release limited data that the system collects for the purpose of:
(a) conducting medical and other department approved research;
(b) providing the report required by Section 
26-61a-703
; and
(c) other official department purposes.
(6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish:
(a) the limitations on access to the data in the state electronic verification system as
described in this section; and
(b) standards and procedures to ensure accurate identification of an individual
requesting information or receiving information in this section.
(7) (a) Any person who knowingly and intentionally releases any information in the
state electronic verification system in violation of this section is guilty of a third degree felony.
(b) Any person who negligently or recklessly releases any information in the state
electronic verification system in violation of this section is guilty of a class C misdemeanor.
(8) (a) Any person who obtains or attempts to obtain information from the state
electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
(b) Any person who obtains or attempts to obtain information from the state electronic
verification system for a purpose other than a purpose this chapter authorizes is guilty of a third
degree felony.
(9) (a) Except as provided in Subsection (9)(e), a person may not knowingly and
intentionally use, release, publish, or otherwise make available to any other person information
obtained from the state electronic verification system for any purpose other than a purpose
specified in this section.
(b) Each separate violation of this Subsection (9) is:
(i) a third degree felony; and
(ii) subject to a civil penalty not to exceed $5,000.
(c) The department shall determine a civil violation of this Subsection (9) in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(d) Civil penalties assessed under this Subsection (9) shall be deposited into the
General Fund.
(e) This Subsection (9) does not prohibit a person who obtains information from the
state electronic verification system under Subsection (2)(a), (c), or (f) from:
(i) including the information in the person's medical chart or file for access by a person
authorized to review the medical chart or file;
(ii) providing the information to a person in accordance with the requirements of the
Health Insurance Portability and Accountability Act of 1996; or
(iii) discussing or sharing that information about the patient with the patient.
Section 5. 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 specialty and who has completed the clinical practice
requirements in psychiatric mental health nursing, including in psychotherapy, in accordance
with Subsection 
58-31b-302
(5)(g); 
or
(E) a licensed physician assistant who is qualified to specialize in mental health care
under Section 
58-70a-501.1
;
(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;
(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
(q) a condition that the Compassionate Use Board approves under Section 
26-61a-105
,
on an individual, case-by-case basis.
Section 6. 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
] 
who are board certified by the American
Board of Medical Specialties or an American Osteopathic Association Specialty Certifying
Board
 in the specialty of neurology, pain medicine and pain management, medical oncology,
psychiatry, infectious disease, internal medicine, pediatrics, 
family medicine,
 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;
] 
when a qualified medical provider recommends that an individual
described in Subsection 
26-61a-201
(2)(a)(i)(B) or a minor described in Subsection
26-61a-201
(2)(c) be allowed to use a medical cannabis device or medical cannabis product to
vaporize a medical cannabis treatment, review and approve or deny the use of the medical
cannabis device or medical cannabis product;
(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
Cannabis Research Review Board.
Section 7. 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
] 
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)
] 
an acknowledgment
that the individual has completed four hours of continuing education related to medical
cannabis
;
(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)
] 
related to medical cannabis
 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 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)
] 
(b)
 The department may, in consultation with the Division of Professional
Licensing, develop [
the
] continuing education [
described in this Subsection (3)
] 
related to
medical cannabis
.
[
(d)
] 
(c)
 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.
]
(4) (a) Except as provided in Subsection (4)(b), a qualified medical provider may not
recommend a medical cannabis treatment to more than 1.5% of the total amount of medical
cannabis patient cardholders.
(b) If a qualified medical provider receives payment from an insurance plan for
services provided under this chapter, then the patient whose insurance plan was billed does not
count toward the 1.5% patient cap described in Subsection (4)(a).
(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.
(b) Notwithstanding Subsection (6)(a) 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;
(iii) a qualifying condition that the individual treats;
(iv) that the individual is registered as a qualified medical provider and recommends
medical cannabis; or
(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 8. Section 
26-61a-116
 is amended 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[
.
]
, including:
(a) a promotional discount or incentive;
(b) a particular medical cannabis product, medical cannabis device, medical cannabis
brand, or medicinal dosage form; or
(c) an assurance of a medical outcome related to a medical cannabis treatment.
[
(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)
] 
(2)
 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)
] 
(3)
 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)
] 
(4)
 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 9. Section 
26-61a-117
 is enacted to read:
 26-61a-117.
Government issued photo identification.
A government issued photo identification is valid for purposes of this chapter if the
identification:
(1) is unexpired;
(2) expired within the previous six months; or
(3) is expired and belongs to an individual who:
(a) as reported by the individual's recommending medical provider is in hospice or has
a terminal illness; or
(b) is a patient or resident of:
(i) an assisted living facility, as defined in Section 
26-21-2
;
(ii) a nursing care facility, as defined in Section 
26-21-2
; or
(iii) a general acute hospital, as defined in Section 
26-21-2
.
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,
] 
Subject to Section 
26-61a-206
,
 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
, the
department shall
:
(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
] 
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
(10)(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 (9); 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); 
and
(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
] 
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
] 
government issued
 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-1-301
, 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) 
visit with the patient face-to-face for an initial recommendation unless the patient:
(i) prefers a virtual visit; and
(ii) (A) is on hospice or has a terminal illness according to the patient's medical
provider; or
(B) is a resident of an assisted living facility, as defined in Section 
26-21-2
, or a
nursing care facility, as defined in Section 
26-21-2
;
(b)
 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
] 
government issued photo 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
] 
a
 visit with the patient; and
[
(b)
] 
(c)
 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) one year from the day the card is issued.
[
(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
 expires after one year.
(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) 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
through phone or video conference with the cardholder, at the recommending medical
provider's discretion.
(c) Before having access to a renewed card, a cardholder under Subsection (2)(a) or (b)
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.
(8) 
(a)
 The department may revoke a medical cannabis card that the department issues
under this section if
:
(i) the recommending medical provider withdraws the medical provider's
recommendation for medical cannabis; or
(ii)
 the cardholder:
[
(a)
] 
(A)
 violates this chapter; or
[
(b)
] 
(B)
 is convicted under state or federal law of, after March 17, 2021, a drug
distribution offense.
(b) The department may not refuse to issue a medical cannabis card to a patient solely
based on a prior revocation under Subsection (8)(a)(i).
(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.
(1) (a) A cardholder described in Section 
26-61a-201
 may designate, through the state
central patient portal, up to two individuals, or an individual and a facility in accordance with
Subsection (1)(b), to serve as a designated caregiver for the cardholder.
(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
 may designate one of the following types of facilities 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
.
(d) (i) Beginning on the earlier of September 1, 2022, or the date on which the
electronic verification system is functionally capable of facilitating a conditional medical
cannabis caregiver card under this Subsection (1)(d), upon the entry of a caregiver designation
under Subsection (1) by a patient with a terminal illness described in Section 
26-61a-104
, the
department shall issue to the designated caregiver an electronic conditional medical cannabis
caregiver card, in accordance with this Subsection (1)(d).
(ii) A conditional medical cannabis caregiver 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 caregiver card under Subsection (1)(a), denies the patient's medical cannabis
caregiver card application, or revokes the conditional medical cannabis caregiver card under
[
Subsection (8)
] 
Section 
26-61a-206
.
(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) 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; and
(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.
(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 Subsections (5)(b) and (3)(c)(i).
(c) If a cardholder described in Section 
26-61a-201
 designates an individual as a
caregiver who already holds a medical cannabis caregiver card, the individual with the medical
cannabis caregiver card:
(i) shall report to the department the information required of applicants under
Subsection (5)(b) regarding the new designation;
(ii) if the individual makes the report described in Subsection (3)(c)(i), is not required
to file an application for another medical cannabis caregiver card;
(iii) may receive an additional medical cannabis caregiver card in relation to each
additional medical cannabis patient who designates the caregiver; and
(iv) is not subject to an additional background check.
(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
; 
and
(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;
(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; and
(iv) any additional information that the department requests to assist in matching the
application with the designating medical cannabis patient.
(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)
] 
(8)
 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-206
 is enacted to read:
 26-61a-206.
Denial or revocation of guardian card or caregiver card.
The department may deny or revoke a medical cannabis guardian card or a medical
cannabis caregiver card if the applicant or cardholder:
(1) violates the requirements of this chapter; or
(2) unless the individual completes any imposed sentence two or more years before the
day on which the individual submits the application, has been convicted of any of the following
under state or federal law:
(a) a drug distribution offense that is a felony within the preceding 10 years; or
(b) after December 3, 2018, a drug distribution offense that is a misdemeanor.
Section 13. Section 
26-61a-301
 is amended to read:
26-61a-301.
Medical cannabis pharmacy -- License -- Eligibility.
(1) A person may not operate as a medical cannabis pharmacy without a license that
the department issues under this part.
(2) (a) (i) Subject to Subsections (4) and (5) and to Section 
26-61a-305
, the department
shall issue a license to operate a medical cannabis pharmacy in accordance with Title 63G,
Chapter 6a, Utah Procurement Code.
(ii) The department may not issue a license to operate a medical cannabis pharmacy to
an applicant who is not eligible for a license under this section.
(b) An applicant is eligible for a license under this section if the applicant submits to
the department:
(i) subject to Subsection (2)(c), a proposed name and address where the applicant will
operate the medical cannabis pharmacy;
(ii) the name and address of an individual who:
(A) for a publicly traded company, has a financial or voting interest of [
] 
% or
greater in the proposed medical cannabis pharmacy;
(B) for a privately held company, a financial or voting interest in the proposed medical
cannabis pharmacy; or
(C) has the power to direct or cause the management or control of a proposed medical
cannabis pharmacy;
(iii) [
a statement that the applicant will obtain and maintain a performance bond that a
surety authorized to transact surety business in the state issues in an amount of at least
$100,000
] for each application that the applicant submits to the department
, a statement from
the applicant that the applicant will obtain and maintain:
(A) a performance bond in the amount of $100,000 issued by a surety authorized to
transact surety business in the state; or
(B) a liquid cash account in the amount of $100,000 with a financial institution
;
(iv) an operating plan that:
(A) complies with Section 
26-61a-304
;
(B) includes operating procedures to comply with the operating requirements for a
medical cannabis pharmacy described in this chapter and with a relevant municipal or county
law that is consistent with Section 
26-61a-507
; and
(C) the department approves;
(v) an application fee in an amount that, subject to Subsection 
26-61a-109
(5), the
department sets in accordance with Section 
63J-1-504
; and
(vi) a description of any investigation or adverse action taken by any licensing
jurisdiction, government agency, law enforcement agency, or court in any state for any
violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
or businesses.
(c) (i) A person may not locate a medical cannabis pharmacy:
(A) within 200 feet of a community location; or
(B) in or within 600 feet of a district that the relevant municipality or county has zoned
as primarily residential.
(ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
from the nearest entrance to the medical cannabis pharmacy establishment by following the
shortest route of ordinary pedestrian travel to the property boundary of the community location
or residential area.
(iii) The department may grant a waiver to reduce the proximity requirements in
Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible
for the applicant to site the proposed medical cannabis pharmacy without the waiver.
(iv) An applicant for a license under this section shall provide evidence of compliance
with the proximity requirements described in Subsection (2)(c)(i).
(d) The department may not issue a license to an eligible applicant that the department
has selected to receive a license until the selected eligible applicant [
obtains the performance
bond described in
] 
complies with the bond or liquid cash requirement described in
 Subsection
(2)(b)(iii).
(e) If the department receives more than one application for a medical cannabis
pharmacy within the same city or town, the department shall consult with the local land use
authority before approving any of the applications pertaining to that city or town.
(3) If the department selects an applicant for a medical cannabis pharmacy license
under this section, the department shall:
(a) charge the applicant an initial license fee in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
;
(b) notify the Department of Public Safety of the license approval and the names of
each individual described in Subsection (2)(b)(ii); and
(c) charge the licensee a fee in an amount that, subject to Subsection 
26-61a-109
(5),
the department sets in accordance with Section 
63J-1-504
, for any change in location,
ownership, or company structure.
(4) The department may not issue a license to operate a medical cannabis pharmacy to
an applicant if an individual described in Subsection (2)(b)(ii):
(a) has been convicted under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution;
(b) is younger than 21 years old; or
(c) after September 23, 2019, until January 1, 2023, is actively serving as a legislator.
(5) (a) If an applicant for a medical cannabis pharmacy license under this section holds
a license under Title 4, Chapter 41, Hemp and Cannabinoid Act, the department may not give
preference to the applicant based on the applicant's status as a holder of the license.
(b) If an applicant for a medical cannabis pharmacy license under this section holds a
license to operate a cannabis cultivation facility under Title 4, Chapter 41a, Cannabis
Production Establishments, the department:
(i) shall consult with the Department of Agriculture and Food regarding the applicant;
and
(ii) may give consideration to the applicant based on the applicant's status as a holder
of a license to operate a cannabis cultivation facility if:
(A) the applicant demonstrates that a decrease in costs to patients is more likely to
result from the applicant's vertical integration than from a more competitive marketplace; and
(B) the department finds multiple other factors, in addition to the existing license, that
support granting the new license.
(6) (a) The department may revoke a license under this part:
(i) if the medical cannabis pharmacy does not begin operations within one year after
the day on which the department issues an announcement of the department's intent to award a
license to the medical cannabis pharmacy;
(ii) after the third the same violation of this chapter in any of the licensee's licensed
cannabis production establishments or medical cannabis pharmacies;
(iii) if an individual described in Subsection (2)(b)(ii) is convicted, while the license is
active, under state or federal law of:
(A) a felony; or
(B) after December 3, 2018, a misdemeanor for drug distribution;
(iv) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at
the time of application, or fails to supplement the information described in Subsection
(2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
application within 14 calendar days after the licensee receives notice of the investigation or
adverse action;
(v) if the medical cannabis pharmacy demonstrates a willful or reckless disregard for
the requirements of this chapter or the rules the department makes in accordance with this
chapter; or
(vi) if, after a change of ownership described in Subsection (11)(c), the department
determines that the medical cannabis pharmacy no longer meets the minimum standards for
licensure and operation of the medical cannabis pharmacy described in this chapter.
(b) The department shall rescind a notice of an intent to issue a license under this part
to an applicant or revoke a license issued under this part if the associated medical cannabis
pharmacy does not begin operation on or before June 1, 2021.
(7) (a) A person who receives a medical cannabis pharmacy license under this chapter,
if the municipality or county where the licensed medical cannabis pharmacy will be located
requires a local land use permit, shall submit to the department a copy of the licensee's
approved application for the land use permit within 120 days after the day on which the
department issues the license.
(b) If a licensee fails to submit to the department a copy the licensee's approved land
use permit application in accordance with Subsection (7)(a), the department may revoke the
licensee's license.
(8) The department shall deposit the proceeds of a fee imposed by this section into the
Qualified Patient Enterprise Fund.
(9) The department shall begin accepting applications under this part on or before
March 1, 2020.
(10) (a) The department's authority to issue a license under this section is plenary and is
not subject to review.
(b) Notwithstanding Subsection (2), the decision of the department to award a license
to an applicant is not subject to:
(i) Title 63G, Chapter 6a, Part 16, Protests; or
(ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
(11) (a) A medical cannabis pharmacy license is not transferrable or assignable.
(b) A medical cannabis pharmacy shall report in writing to the department no later than
10 business days before the date of any change of ownership of the medical cannabis
pharmacy.
(c) If the ownership of a medical cannabis pharmacy changes by 50% or more:
(i) concurrent with the report described in Subsection (11)(b), the medical cannabis
pharmacy shall submit a new application described in Subsection (2)(b), subject to Subsection
(2)(c);
(ii) within 30 days of the submission of the application, the department shall:
(A) conduct an application review; and
(B) award a license to the medical cannabis pharmacy for the remainder of the term of
the medical cannabis pharmacy's license before the ownership change if the medical cannabis
pharmacy meets the minimum standards for licensure and operation of the medical cannabis
pharmacy described in this chapter; and
(iii) if the department approves the license application, notwithstanding Subsection (3),
the medical cannabis pharmacy shall pay a license fee that the department sets in accordance
with Section 
63J-1-504
 in an amount that covers the board's cost of conducting the application
review.
Section 14. Section 
26-61a-302
 is amended to read:
26-61a-302.
Medical cannabis pharmacy owners and directors -- Criminal
background checks.
(1) Each applicant to whom the department issues a notice of intent to award a license
to operate as a medical cannabis pharmacy shall submit, before the department may award the
license, from each individual who has a financial or voting interest of [
] 
% 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.
(2) The Bureau of Criminal Identification shall:
(a) check the fingerprints the applicant submits under Subsection (1) against the
applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(b) report the results of the background check to the department;
(c) maintain a separate file of fingerprints that applicants submit under Subsection (1)
for search by future submissions to the local and regional criminal records databases, including
latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(3) The department shall:
(a) assess an individual who submits fingerprints under Subsection (1) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal
Identification.
Section 15. Section 
26-61a-401
 is amended to read:
26-61a-401.
Medical cannabis pharmacy agent -- Registration.
(1) An individual may not serve as a medical cannabis pharmacy agent of a medical
cannabis pharmacy unless the department registers the individual as a medical cannabis
pharmacy agent.
(2) A recommending medical provider may not act as a medical cannabis pharmacy
agent, have a financial or voting interest of 2% or greater in a medical cannabis pharmacy, or
have the power to direct or cause the management or control of a medical cannabis pharmacy.
(3) (a) The department shall, within 15 days after the day on which the department
receives a complete application from a medical cannabis pharmacy on behalf of a prospective
medical cannabis pharmacy agent, register and issue a medical cannabis pharmacy agent
registration card to the prospective agent if the medical cannabis pharmacy:
(i) provides to the department:
(A) the prospective agent's name and address;
(B) the name and location of the licensed medical cannabis pharmacy where the
prospective agent seeks to act as the medical cannabis pharmacy agent; and
(C) the submission required under Subsection (3)(b); 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) [
Except for an applicant reapplying for a medical cannabis pharmacy agent
registration card within less than one year after the expiration of the applicant's previous
medical cannabis pharmacy agent registration card, each
] 
Each
 prospective agent described in
Subsection (3)(a) shall:
(i) submit to the department:
(A) a fingerprint card in a form acceptable to the Department of Public Safety; and
(B) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
(ii) consent to a fingerprint background check by:
(A) the Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(c) The Bureau of Criminal Identification shall:
(i) check the fingerprints the prospective agent submits under Subsection (3)(b) against
the applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(ii) report the results of the background check to the department;
(iii) maintain a separate file of fingerprints that prospective agents submit under
Subsection (3)(b) for search by future submissions to the local and regional criminal records
databases, including latent prints;
(iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(v) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(d) The department shall:
(i) assess an individual who submits fingerprints under Subsection (3)(b) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(ii) remit the fee described in Subsection (3)(d)(i) to the Bureau of Criminal
Identification.
(4) The department shall designate, on an individual's medical cannabis pharmacy
agent registration card the name of the medical cannabis pharmacy where the individual is
registered as an agent.
(5) A medical cannabis pharmacy agent shall comply with a certification standard that
the department develops in collaboration with the Division of Professional Licensing and the
Board of Pharmacy, or a third-party certification standard that the department designates by
rule, in collaboration with the Division of Professional Licensing and the Board of Pharmacy
and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) The department shall ensure that the certification standard described in Subsection
(5) includes training in:
(a) Utah medical cannabis law; and
(b) medical cannabis pharmacy best practices.
(7) The department may revoke the medical cannabis pharmacy agent registration card
of, or refuse to issue a medical cannabis pharmacy agent registration card to, an individual
who:
(a) violates the requirements of this chapter; or
(b) is convicted under state or federal law of:
(i) a felony within the preceding 10 years; or
(ii) after December 3, 2018, a misdemeanor for drug distribution.
(8) (a) A medical cannabis pharmacy agent registration card expires two years after the
day on which the department issues or renews the card.
(b) A medical cannabis pharmacy agent may renew the agent's registration card if the
agent:
(i) is eligible for a medical cannabis pharmacy agent registration card under this
section;
(ii) certifies to the department in a renewal application that the information in
Subsection (3)(a) is accurate or updates the information; and
(iii) pays to the department a renewal fee in an amount that:
(A) subject to Subsection 
26-61a-109
(5), the department sets in accordance with
Section 
63J-1-504
; and
(B) may not exceed the cost of the relatively lower administrative burden of renewal in
comparison to the original application process.
(9) (a) As a condition precedent to registration and renewal of a medical cannabis
pharmacy agent registration card, a medical cannabis pharmacy agent shall:
(i) complete at least one hour of continuing education regarding patient privacy and
federal health information privacy laws that is offered by the department under Subsection
(9)(b) 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 Professional
Licensing and the Board of Pharmacy.
(b) The department may, in consultation with the Division of Professional Licensing,
develop the continuing education described in this Subsection (9).
(c) The pharmacist-in-charge described in Section 
26-61a-403
 shall ensure that each
medical cannabis pharmacy agent working in the medical cannabis pharmacy who has access to
the state electronic verification system is in compliance with this Subsection (9).
(10) A medical cannabis pharmacy shall:
(a) maintain a list of employees that have a medical cannabis pharmacy agent
registration card; and
(b) provide the list to the department upon request.
Section 16. 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 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 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), a person may not advertise that the
person or another person dispenses medical cannabis.
(b) Notwithstanding Subsection (5)(a) and subject to Section 
26-61a-116
, a registered
pharmacy medical provider may advertise the following:
(i) a green cross;
(ii) that the person is registered as a pharmacy medical provider and dispenses medical
cannabis; or
(iii) a scientific study regarding medical cannabis use.
Section 17. Section 
26-61a-501
 is amended to read:
26-61a-501.
Operating requirements -- General.
(1) (a) A medical cannabis pharmacy shall operate:
(i) at the physical address provided to the department under Section 
26-61a-301
; and
(ii) in accordance with the operating plan provided to the department under Section
26-61a-301
 and, if applicable, Section 
26-61a-304
.
(b) A medical cannabis pharmacy shall notify the department before a change in the
medical cannabis pharmacy's physical address or operating plan.
(2) An individual may not enter a medical cannabis pharmacy unless the individual:
(a) is at least 18 years old or is an emancipated minor under Section 
80-7-105
; and
(b) except as provided in Subsection (4):
(i) possesses a valid:
(A) medical cannabis pharmacy agent registration card;
(B) pharmacy medical provider registration card; or
(C) medical cannabis card;
(ii) is an employee of the department or the Department of Agriculture and Food
performing an inspection under Section 
26-61a-504
; or
(iii) is another individual as the department provides.
(3) A medical cannabis pharmacy may not employ an individual who is younger than
21 years old.
(4) Notwithstanding Subsection (2)(a), a medical cannabis pharmacy may authorize an
individual who is not a medical cannabis pharmacy agent or pharmacy medical provider to
access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and monitors
the individual at all times while the individual is at the medical cannabis pharmacy and
maintains a record of the individual's access.
(5) A medical cannabis pharmacy shall operate in a facility that has:
(a) a single, secure public entrance;
(b) a security system with a backup power source that:
(i) detects and records entry into the medical cannabis pharmacy; and
(ii) provides notice of an unauthorized entry to law enforcement when the medical
cannabis pharmacy is closed; and
(c) a lock on each area where the medical cannabis pharmacy stores cannabis or a
cannabis product.
(6) A medical cannabis pharmacy shall post, both clearly and conspicuously in the
medical cannabis pharmacy, the limit on the purchase of cannabis described in Subsection
26-61a-502
(2).
(7) Except for an emergency situation described in Subsection 
26-61a-201
(3)(c), a
medical cannabis pharmacy may not allow any individual to consume cannabis on the property
or premises of the medical cannabis pharmacy.
(8) A medical cannabis pharmacy may not sell cannabis or a cannabis product without
first indicating on the cannabis or cannabis product label the name of the medical cannabis
pharmacy.
(9) (a) Each medical cannabis pharmacy shall retain in the pharmacy's records the
following information regarding each recommendation underlying a transaction:
(i) the recommending medical provider's name, address, and telephone number;
(ii) the patient's name and address;
(iii) the date of issuance;
(iv) directions of use and dosing guidelines or an indication that the recommending
medical provider did not recommend specific directions of use or dosing guidelines; and
(v) if the patient did not complete the transaction, the name of the medical cannabis
cardholder who completed the transaction.
(b) (i) Except as provided in Subsection (9)(b)(iii), a medical cannabis pharmacy may
not sell medical cannabis unless the medical cannabis has a label securely affixed to the
container indicating the following minimum information:
(A) the name, address, and telephone number of the medical cannabis pharmacy;
(B) the unique identification number that the medical cannabis pharmacy assigns;
(C) the date of the sale;
(D) the name of the patient;
(E) the name of the recommending medical provider who recommended the medical
cannabis treatment;
(F) directions for use and cautionary statements, if any;
(G) the amount dispensed and the cannabinoid content;
(H) the suggested use date;
(I) for unprocessed cannabis flower, the legal use termination date; and
(J) any other requirements that the department determines, in consultation with the
Division of Professional Licensing and the Board of Pharmacy.
(ii) A medical cannabis pharmacy is exempt from the requirement to provide the
following information under Subsection (9)(b)(i) if the information is already provided on the
product label that a cannabis production establishment affixes:
(A) a unique identification number;
(B) directions for use and cautionary statements;
(C) amount and cannabinoid content; and
(D) a suggested use date.
(iii) If the size of a medical cannabis container does not allow sufficient space to
include the labeling requirements described in Subsection (9)(b)(i), the medical cannabis
pharmacy may provide the following information described in Subsection (9)(b)(i) on a
supplemental label attached to the container or an informational enclosure that accompanies the
container:
(A) the cannabinoid content;
(B) the suggested use date; and
(C) any other requirements that the department determines.
(iv) A medical cannabis pharmacy may sell medical cannabis to another medical
cannabis pharmacy without a label described in Subsection (9)(b)(i).
(10) A pharmacy medical provider or medical cannabis pharmacy agent shall:
(a) upon receipt of an order from a limited medical provider in accordance with
Subsections 
26-61a-106
(1)(b) through (d):
(i) for a written order or an electronic order under circumstances that the department
determines, contact the limited medical provider or the limited medical provider's office to
verify the validity of the recommendation; and
(ii) for an order that the pharmacy medical provider or medical cannabis pharmacy
agent verifies under Subsection (10)(a)(i) or an electronic order that is not subject to
verification under Subsection (10)(a)(i), enter the limited medical provider's recommendation
or renewal, including any associated directions of use, dosing guidelines, or caregiver
indication, in the state electronic verification system;
(b) in processing an order for a holder of a conditional medical cannabis card described
in Subsection 
26-61a-201
(1)(b) that appears irregular or suspicious in the judgment of the
pharmacy medical provider or medical cannabis pharmacy agent, contact the recommending
medical provider or the recommending medical provider's office to verify the validity of the
recommendation before processing the cardholder's order;
(c) unless the medical cannabis cardholder has had a consultation under Subsection
26-61a-502
(4)
,
 [
or (5),
] verbally offer to a medical cannabis cardholder at the time of a
purchase of cannabis, a cannabis product, or a medical cannabis device, personal counseling
with the pharmacy medical provider; and
(d) provide a telephone number or website by which the cardholder may contact a
pharmacy medical provider for counseling.
(11) (a) A medical cannabis pharmacy may create a medical cannabis disposal program
that allows an individual to deposit unused or excess medical cannabis, cannabis residue from a
medical cannabis device, or medical cannabis product in a locked box or other secure
receptacle within the medical cannabis pharmacy.
(b) A medical cannabis pharmacy with a disposal program described in Subsection
(11)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy medical provider
can access deposited medical cannabis or medical cannabis products.
(c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis or
medical cannabis products by:
(i) rendering the deposited medical cannabis or medical cannabis products unusable
and unrecognizable before transporting deposited medical cannabis or medical cannabis
products from the medical cannabis pharmacy; and
(ii) disposing of the deposited medical cannabis or medical cannabis products in
accordance with:
(A) federal and state law, rules, and regulations related to hazardous waste;
(B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
(C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
(D) other regulations that the department makes in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(12) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products
by a medical cannabis pharmacy.
Section 18. Section 
26-61a-502
 is amended to read:
26-61a-502.
Dispensing -- Amount a medical cannabis pharmacy may dispense --
Reporting -- Form of cannabis or cannabis product.
(1) (a) A medical cannabis pharmacy may not sell a product other than, subject to this
chapter:
(i) cannabis in a medicinal dosage form that the medical cannabis pharmacy acquired
from another medical cannabis pharmacy or a cannabis processing facility that is licensed
under Section 
4-41a-201
;
(ii) a cannabis product in a medicinal dosage form that the medical cannabis pharmacy
acquired from another medical cannabis pharmacy or a cannabis processing facility that is
licensed under Section 
4-41a-201
;
(iii) a medical cannabis device; or
(iv) educational material related to the medical use of cannabis.
(b) A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to
an individual with:
(i) (A) a medical cannabis card;
(B) a department registration described in Section 
26-61a-201
(10); and
(ii) a corresponding [
valid form of
] 
government issued
 photo identification.
(c) Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a
cannabis-based drug that the United States Food and Drug Administration has approved.
(d) Notwithstanding Subsection (1)(b), a medical cannabis pharmacy may not sell a
medical cannabis device 
or medical cannabis product
 to an individual described in Subsection
26-61a-201
(2)(a)(i)(B) or to a minor described in Subsection 
26-61a-201
(2)(c) unless the
individual or minor has the approval of the Compassionate Use Board in accordance with
Subsection 
26-61a-105
(5)
(b)
.
(2) A medical cannabis pharmacy:
(a) may dispense to a medical cannabis cardholder, in any one 28-day period, up to the
legal dosage limit of:
(i) unprocessed cannabis that:
(A) is in a medicinal dosage form; and
(B) carries a label clearly displaying the amount of tetrahydrocannabinol and
cannabidiol in the cannabis; and
(ii) a cannabis product that is in a medicinal dosage form; and
(b) may not dispense:
(i) more medical cannabis than described in Subsection (2)(a); or
(ii) to an individual whose recommending medical provider did not recommend
directions of use and dosing guidelines, until the individual consults with the pharmacy
medical provider in accordance with Subsection (4), any medical cannabis.
(3) An individual with a medical cannabis card:
(a) may purchase, in any one 28-day period, up to the legal dosage limit of:
(i) unprocessed cannabis in a medicinal dosage form; and
(ii) a cannabis product in a medicinal dosage form;
(b) may not purchase:
(i) more medical cannabis than described in Subsection (3)(a); or
(ii) if the relevant recommending medical provider did not recommend directions of
use and dosing guidelines, until the individual consults with the pharmacy medical provider in
accordance with Subsection (4), any medical cannabis; and
(c) may not use a route of administration that the relevant recommending medical
provider or the pharmacy medical provider, in accordance with Subsection (4) or (5), has not
recommended.
(4) If a recommending medical provider recommends treatment with medical cannabis
but wishes for the pharmacy medical provider to determine directions of use and dosing
guidelines:
(a) the recommending medical provider shall provide to the pharmacy medical
provider, either through the state electronic verification system or through a medical cannabis
pharmacy's recording of a recommendation under the order of a limited medical provider, any
of the following information that the recommending medical provider feels would be needed to
provide appropriate directions of use and dosing guidelines:
(i) information regarding the qualifying condition underlying the recommendation;
(ii) information regarding prior treatment attempts with medical cannabis; and
(iii) portions of the patient's current medication list; and
(b) before the relevant medical cannabis cardholder may obtain medical cannabis, the
pharmacy medical provider shall:
(i) review pertinent medical records, including the recommending medical provider
documentation described in Subsection (4)(a); and
(ii) [
unless the pertinent medical records show directions of use and dosing guidelines
from a state central patient portal medical provider in accordance with Subsection (5),
] after
completing the review described in Subsection (4)(b)(i) and consulting with the recommending
medical provider as needed, determine the best course of treatment through consultation with
the cardholder regarding:
(A) the patient's qualifying condition underlying the recommendation from the
recommending medical provider;
(B) indications for available treatments;
(C) directions of use and dosing guidelines; and
(D) potential adverse reactions.
[
(5) (a) A state central patient portal medical provider may provide the consultation
and make the determination described in Subsection (4)(b) for a medical cannabis patient
cardholder regarding an electronic order that the state central patient portal facilitates.
]
[
(b) The state central patient portal medical provider described in Subsection (5)(a)
shall document the directions of use and dosing guidelines, determined under Subsection (5)(a)
in the pertinent medical records.
]
[
(6)
] 
(5)
 (a) A medical cannabis pharmacy shall:
(i) (A) access the state electronic verification system before dispensing cannabis or a
cannabis product to a medical cannabis cardholder in order to determine if the cardholder or,
where applicable, the associated patient has met the maximum amount of medical cannabis
described in Subsection (2); and
(B) if the verification in Subsection [
(6)(a)(i)
] 
(5)(a)(i)
 indicates that the individual has
met the maximum amount described in Subsection (2), decline the sale, and notify the
recommending medical provider who made the underlying recommendation;
(ii) submit a record to the state electronic verification system each time the medical
cannabis pharmacy dispenses medical cannabis to a medical cannabis cardholder;
(iii) ensure that the pharmacy medical provider who is a licensed pharmacist reviews
each medical cannabis transaction before dispensing the medical cannabis to the cardholder in
accordance with pharmacy practice standards;
(iv) package any medical cannabis that is in a container that:
(A) complies with Subsection 
4-41a-602
(1)(b) or, if applicable, provisions related to a
container for unprocessed cannabis flower in the definition of "medicinal dosage form" in
Section 
26-61a-102
;
(B) is tamper-resistant and tamper-evident; and
(C) provides an opaque bag or box for the medical cannabis cardholder's use in
transporting the container in public; [
and
]
(v) for a product that is a cube that is designed for ingestion through chewing or
holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
of over-consumption[
.
]
; and
(vi) beginning January 1, 2024, for a cannabis product that is cannabis flower,
vaporizer cartridges, or concentrate, provide the product's terpene profiles collected under
Subsection 
4-41a-602
(4) at or before the point of sale.
(b) A medical cannabis cardholder transporting or possessing the container described
in Subsection [
(6)(a)(iv)
] 
(5)(a)(iv)
 in public shall keep the container within the opaque bag or
box that the medical cannabis pharmacist provides.
[
(7)
] 
(6)
 (a) Except as provided in Subsection [
(7)(b)
] 
(6)(b)
, a medical cannabis
pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device
that is intentionally designed or constructed to resemble a cigarette.
(b) A medical cannabis pharmacy may sell a medical cannabis device that warms
cannabis material into a vapor without the use of a flame and that delivers cannabis to an
individual's respiratory system.
[
(8)
] 
(7)
 (a) A medical cannabis pharmacy may not give, at no cost, a product that the
medical cannabis pharmacy is allowed to sell under Subsection (1)(a)(i), (ii), or (iii).
(b) A medical cannabis pharmacy may give, at no cost, educational material related to
the medical use of cannabis.
[
(9)
] 
(8)
 The department may impose a uniform fee on each medical cannabis
transaction in a medical cannabis pharmacy in an amount that, subject to Subsection
26-61a-109
(5), the department sets in accordance with Section 
63J-1-504
.
[
(10)
] 
(9)
 A medical cannabis pharmacy may purchase and store medical cannabis
devices regardless of whether the seller has a cannabis-related license under this title or Title 4,
Chapter 41a, Cannabis Production Establishments.
Section 19. Section 
26-61a-503
 is amended to read:
26-61a-503.
Partial filling.
(1) As used in this section, "partially fill" means to provide less than the full amount of
cannabis or cannabis product that the recommending medical provider recommends, if the
recommending medical provider recommended specific dosing [
parameters
] 
guidelines
.
(2) A pharmacy medical provider may partially fill a recommendation for a medical
cannabis treatment at the request of the recommending medical provider who issued the
medical cannabis treatment recommendation or the medical cannabis cardholder.
(3) The department shall make rules, in collaboration with the Division of Professional
Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying how to record the date, quantity supplied, and
quantity remaining of a partially filled medical cannabis treatment recommendation.
(4) A pharmacy medical provider who is a pharmacist may, upon the request of a
medical cannabis cardholder, determine different dosing [
parameters
] 
guidelines
, subject to the
dosing limits in Subsection 
26-61a-502
(2), to fill the quantity remaining of a partially filled
medical cannabis treatment recommendation if:
(a) the pharmacy medical provider determined dosing [
parameters
] 
guidelines
 for the
partial fill under Subsection 
26-61a-502
(4) [
or (5)
]; and
(b) the medical cannabis cardholder reports that:
(i) the partial fill did not substantially affect the qualifying condition underlying the
medical cannabis recommendation; or
(ii) the patient experienced an adverse reaction to the partial fill or was otherwise
unable to successfully use the partial fill.
Section 20. Section 
26-61a-505
 is amended to read:
26-61a-505.
Advertising.
(1) Except as provided in this section, a person may not advertise in any medium
regarding a medical cannabis pharmacy or the dispensing of medical cannabis within the state.
(2) [
Subject to Section 
26-61a-116
, a
] 
A
 medical cannabis pharmacy may:
(a) advertise an employment opportunity at the medical cannabis pharmacy;
(b) notwithstanding any municipal or county ordinance prohibiting signage, use
signage on the outside of the medical cannabis pharmacy that:
(i) includes only:
(A) in accordance with Subsection [
26-61a-116
(4)
] 
26-61a-116
(3)
, the medical
cannabis pharmacy's name, logo, and hours of operation; and
(B) a green cross; and
(ii) complies with local ordinances regulating signage;
(c) advertise in any medium:
(i) the pharmacy's name and logo;
(ii) the location and hours of operation of the medical cannabis pharmacy;
(iii) a service available at the medical cannabis pharmacy;
(iv) personnel affiliated with the medical cannabis pharmacy;
(v) whether the medical cannabis pharmacy is licensed as a home delivery medical
cannabis pharmacy;
(vi) best practices that the medical cannabis pharmacy upholds; and
(vii) educational material related to the medical use of cannabis, as defined by the
department;
(d) hold an educational event for the public or medical providers in accordance with
Subsection (3) and the rules described in Subsection (4); [
and
]
(e) maintain on the medical cannabis pharmacy's website non-promotional information
regarding the medical cannabis pharmacy's inventory[
.
]
; or
(f) engage in targeted marketing, as determined by the department through rule, for
advertising a particular medical cannabis product, medical cannabis device, or medical
cannabis brand.
(3) A medical cannabis pharmacy may not include in an educational event described in
Subsection (2)(d):
(a) any topic that conflicts with this chapter or Title 4, Chapter 41a, Cannabis
Production Establishments;
(b) any gift items or merchandise other than educational materials, as those terms are
defined by the department;
(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
(d) a presenter other than the following:
(i) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act;
(v) a medical practitioner, similar to the practitioners described in this Subsection
(3)(d)(v), who is licensed in another state or country;
(vi) a state employee; or
(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.
(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)(vii); and
(b) the elements of and restrictions on the educational event described in Subsection
(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 21. Section 
26-61a-506
 is amended to read:
26-61a-506.
Medical cannabis transportation.
(1) Only the following individuals may transport medical cannabis under this chapter:
(a) a registered medical cannabis pharmacy agent;
(b) a registered medical cannabis courier agent;
(c) a registered pharmacy medical provider; or
(d) a medical cannabis cardholder who is transporting a medical cannabis treatment
that the cardholder is authorized to transport.
(2) Except for an individual with a valid medical cannabis card under this chapter who
is transporting a medical cannabis treatment that the cardholder is authorized to transport, an
individual described in Subsection (1) shall
:
(a) be currently employed by the medical cannabis pharmacy or the medical cannabis
courier that is authorizing the individual to transport the medical cannabis; and
(b)
 possess a transportation manifest that:
[
(a)
] 
(i)
 includes a unique identifier that links the cannabis or cannabis product to a
relevant inventory control system;
[
(b)
] 
(ii)
 includes origin and destination information for the medical cannabis that the
individual is transporting; and
[
(c)
] 
(iii)
 identifies the departure and arrival times and locations of the individual
transporting the medical cannabis.
(3) (a) In addition to the requirements in Subsections (1) and (2), the department may
establish by rule, in collaboration with the Division of Professional Licensing and the Board of
Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
requirements for transporting medical cannabis to ensure that the medical cannabis remains
safe for human consumption.
(b) The transportation described in Subsection (1)(a) is limited to transportation
between a medical cannabis pharmacy and:
(i) another medical cannabis pharmacy; or
(ii) for a medical cannabis shipment, a [
medical cannabis cardholder's home
] 
delivery
address.
(4) (a) It is unlawful for an individual described in Subsection (1) to make a transport
described in this section with a manifest that does not meet the requirements of this section.
(b) Except as provided in Subsection (4)(d), an individual who violates Subsection
(4)(a) is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(c) An individual who is guilty of a violation described in Subsection (4)(b) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (4)(b).
(d) If the individual described in Subsection (4)(a) is transporting more medical
cannabis than the manifest identifies, except for a de minimis administrative error:
(i) this chapter does not apply; and
(ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled
Substances Act.
(5) An individual other than an individual described in Subsection (1) may transport a
medical cannabis device within the state if the transport does not also contain medical
cannabis.
Section 22. Section 
26-61a-601
 is amended to read:
26-61a-601.
State central patient portal -- Department duties.
(1) On or before July 1, 2020, the department shall establish or contract to establish, in
accordance with Title 63G, Chapter 6a, Utah Procurement Code, a state central patient portal as
described in this section.
(2) The state central patient portal shall:
(a) authenticate each user to ensure the user is a valid medical cannabis patient
cardholder;
(b) allow a medical cannabis patient cardholder to:
(i) obtain and download the cardholder's medical cannabis card;
(ii) review the cardholder's medical cannabis purchase history; and
(iii) manage the cardholder's personal information, including withdrawing consent for
the use of the cardholder's information for a study described in Subsection 
26-61a-201
(12);
(c) if the cardholder's recommending medical provider recommended the use of
medical cannabis without providing directions of use and dosing guidelines and the cardholder
has not yet received the counseling or consultation required in Subsection 
26-61a-502
(4):
(i) alert the cardholder of the outstanding need for consultation; and
(ii) provide the cardholder with access to the contact information for [
each state central
patient portal medical provider and
] each pharmacy medical provider;
(d) except as provided in Subsection (2)(e), facilitate an electronic medical cannabis
order:
(i) to a home delivery medical cannabis pharmacy for a medical cannabis shipment; or
(ii) to a medical cannabis pharmacy for a medical cannabis cardholder to obtain in
person from the pharmacy;
(e) prohibit a patient from completing an electronic medical cannabis order described
in Subsection (2)(d) if the purchase would exceed the limitations described in Subsection
26-61a-502
(2)(a) or (b);
(f) provide educational information to medical cannabis patient cardholders regarding
the state's medical cannabis laws and regulatory programs and other relevant information
regarding medical cannabis; and
(g) allow the patient to designate up to two caregivers who may receive a medical
cannabis caregiver card to purchase and transport medical cannabis on behalf of the patient in
accordance with this chapter.
(3) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement the state central patient portal.
Section 23. 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 [
] 
% or greater in the proposed medical
cannabis [
pharmacy
] 
courier
; 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;
(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; or
(d) after a change of ownership described in Subsection (15)(c), the department
determines that the medical cannabis courier no longer meets the minimum standards for
licensure and operation of the medical cannabis courier described in this chapter.
(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 [
] 
% 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) A medical cannabis courier license is not transferrable or assignable.
(b) A medical cannabis courier shall report in writing to the department no later than
10 business days before the date of any change of ownership of the medical cannabis courier.
(c) If the ownership of a medical cannabis courier changes by 50% or more:
(i) concurrent with the report described in Subsection (15)(b), the medical cannabis
courier shall submit a new application described in Subsection (3)(b);
(ii) within 30 days of the submission of the application, the department shall:
(A) conduct an application review; and
(B) award a license to the medical cannabis courier for the remainder of the term of the
medical cannabis courier's license before the ownership change if the medical cannabis courier
meets the minimum standards for licensure and operation of the medical cannabis courier
described in this chapter; and
(iii) if the department approves the license application, notwithstanding Subsection (4),
the medical cannabis courier shall pay a license fee that the department sets in accordance with
Section 
63J-1-504
 in an amount that covers the board's cost of conducting the application
review.
(16) (a) Except as provided in Subsection [
(15)(b)
] 
(16)(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 24. Section 
26-61a-606
 is amended to read:
26-61a-606.
Medical cannabis courier agent -- Background check -- Registration
card -- Rebuttable presumption.
(1) An individual may not serve as a medical cannabis courier agent unless[
: (a) the
individual is an employee of a licensed medical cannabis courier; and (b)
] the department
registers the individual as a medical cannabis courier agent.
(2) (a) The department shall, within 15 days after the day on which the department
receives a complete application from a medical cannabis courier on behalf of a medical
cannabis courier agent, register and issue a medical cannabis courier agent registration card to
the prospective agent if the medical cannabis courier:
(i) provides to the department:
(A) the prospective agent's name and address;
(B) the name and address of the medical cannabis courier;
(C) the name and address of each home delivery medical cannabis pharmacy with
which the medical cannabis courier contracts to deliver medical cannabis shipments; and
(D) the submission required under Subsection (2)(b);
(ii) as reported under Subsection (2)(c), has not been convicted under state or federal
law of:
(A) a felony; or
(B) after December 3, 2018, a misdemeanor for drug distribution; and
(iii) pays 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) [
Except for an applicant reapplying for a medical cannabis courier agent
registration card within less than one year after the expiration of the applicant's previous
medical cannabis courier agent registration card, each
] 
Each
 prospective agent described in
Subsection (2)(a) shall:
(i) submit to the department:
(A) a fingerprint card in a form acceptable to the Department of Public Safety; and
(B) a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging the
registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service; and
(ii) consent to a fingerprint background check by:
(A) the Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(c) The Bureau of Criminal Identification shall:
(i) check the fingerprints the prospective agent submits under Subsection (2)(b) against
the applicable state, regional, and national criminal records databases, including the Federal
Bureau of Investigation Next Generation Identification System;
(ii) report the results of the background check to the department;
(iii) maintain a separate file of fingerprints that prospective agents submit under
Subsection (2)(b) for search by future submissions to the local and regional criminal records
databases, including latent prints;
(iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
Generation Identification System's Rap Back Service for search by future submissions to
national criminal records databases, including the Next Generation Identification System and
latent prints; and
(v) establish a privacy risk mitigation strategy to ensure that the department only
receives notifications for an individual with whom the department maintains an authorizing
relationship.
(d) The department shall:
(i) assess an individual who submits fingerprints under Subsection (2)(b) a fee in an
amount that the department sets in accordance with Section 
63J-1-504
 for the services that the
Bureau of Criminal Identification or another authorized agency provides under this section; and
(ii) remit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal
Identification.
(3) The department shall designate on an individual's medical cannabis courier agent
registration card the name of the medical cannabis pharmacy where the individual is registered
as an agent and each home delivery medical cannabis courier for which the medical cannabis
courier delivers medical cannabis shipments.
(4) (a) A medical cannabis courier agent shall comply with a certification standard that
the department develops, in collaboration with the Division of Professional Licensing and the
Board of Pharmacy, or a third-party certification standard that the department designates by
rule in collaboration with the Division of Professional Licensing and the Board of Pharmacy
and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) The department shall ensure that the certification standard described in Subsection
(4)(a) includes training in:
(i) Utah medical cannabis law;
(ii) the medical cannabis shipment process; and
(iii) medical cannabis courier agent best practices.
(5) (a) A medical cannabis courier agent registration card expires two years after the
day on which the department issues or renews the card.
(b) A medical cannabis courier agent may renew the agent's registration card if the
agent:
(i) is eligible for a medical cannabis courier agent 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; and
(iii) pays to the department a renewal fee in an amount that:
(A) subject to Subsection 
26-61a-109
(5), the department sets in accordance with
Section 
63J-1-504
; and
(B) may not exceed the cost of the relatively lower administrative burden of renewal in
comparison to the original application process.
(6) The department may revoke or refuse to issue or renew the medical cannabis
courier agent registration card of an individual who:
(a) violates the requirements of this chapter; or
(b) is convicted under state or federal law of:
(i) a felony within the preceding 10 years; or
(ii) after December 3, 2018, a misdemeanor for drug distribution.
(7) A medical cannabis courier agent whom the department has registered under this
section shall carry the agent's medical cannabis courier agent registration card with the agent at
all times when:
(a) the agent is on the premises of the medical cannabis courier, a medical cannabis
pharmacy, or a [
medical cannabis cardholder's home
] 
delivery
 address; and
(b) the agent is handling a medical cannabis shipment.
(8) If a medical cannabis courier agent handling a medical cannabis shipment possesses
the shipment in compliance with Subsection (7):
(a) there is a rebuttable presumption that the agent possesses the shipment legally; and
(b) there is no probable cause, based solely on the agent's possession of the medical
cannabis shipment that the agent is engaging in illegal activity.
(9) (a) A medical cannabis courier agent who violates Subsection (7) 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 (9)(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 (9)(a).
(10) A medical cannabis courier shall:
(a) maintain a list of employees who have a medical cannabis courier agent card; and
(b) provide the list to the department upon request.
Section 25. 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
] 
government issued photo identification
; and
(ii) (A) a valid medical cannabis card under the same name that appears on the [
valid
form of photo identification
] 
government issued photo identification
; 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
] 
delivery
 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) 
(a) A medical cannabis pharmacy agent may not deliver a medical cannabis
shipment on behalf of a home delivery medical cannabis pharmacy unless the medical cannabis
pharmacy agent is currently employed by the home delivery medical cannabis pharmacy.
(b) A medical cannabis courier agent may not deliver a medical cannabis shipment on
behalf of a medical cannabis courier unless the medical cannabis courier agent is currently
employed by the medical cannabis courier.
(c)
 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)
] 
(i)
 verify the shipment information using the state electronic verification system;
[
(b)
] 
(ii)
 ensure that the individual satisfies the identification requirements in
Subsection (1);
[
(c)
] 
(iii)
 verify that payment is complete; and
[
(d)
] 
(iv)
 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 26. Section 
58-17b-502
 is amended to read:
58-17b-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) willfully deceiving or attempting to deceive the division, the board, or their agents
as to any relevant matter regarding compliance under this chapter;
(b) except as provided in Subsection (2):
(i) paying or offering rebates to practitioners or any other health care providers, or
receiving or soliciting rebates from practitioners or any other health care provider; or
(ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
provider, for the purpose of obtaining referrals;
(c) misbranding or adulteration of any drug or device or the sale, distribution, or
dispensing of any outdated, misbranded, or adulterated drug or device;
(d) engaging in the sale or purchase of drugs or devices that are samples or packages
bearing the inscription "sample" or "not for resale" or similar words or phrases;
(e) except as provided in Section 
58-17b-503
, accepting back and redistributing any
unused drug, or a part of it, after it has left the premises of a pharmacy;
(f) an act in violation of this chapter committed by a person for any form of
compensation if the act is incidental to the person's professional activities, including the
activities of a pharmacist, pharmacy intern, or pharmacy technician;
(g) violating:
(i) the federal Controlled Substances Act, Title II, P.L. 91-513;
(ii) Title 58, Chapter 37, Utah Controlled Substances Act; or
(iii) rules or regulations adopted under either act;
(h) requiring or permitting pharmacy interns or technicians to engage in activities
outside the scope of practice for their respective license classifications, as defined in this
chapter and division rules made in collaboration with the board, or beyond their scope of
training and ability;
(i) administering:
(i) without appropriate training, as defined by rule;
(ii) without a physician's order, when one is required by law; and
(iii) in conflict with a practitioner's written guidelines or written protocol for
administering;
(j) disclosing confidential patient information in violation of the provisions of the
Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
1936, as amended, or other applicable law;
(k) engaging in the practice of pharmacy without a licensed pharmacist designated as
the pharmacist-in-charge;
(l) failing to report to the division any adverse action taken by another licensing
jurisdiction, government agency, law enforcement agency, or court for conduct that in
substance would be considered unprofessional conduct under this section;
(m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
form which is regularly and commonly available from a manufacturer in quantities and
strengths prescribed by a practitioner;
(n) failing to act in accordance with Title 26, Chapter 64, Family Planning Access Act,
when dispensing a self-administered hormonal contraceptive under a standing order;
(o) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act; or
(p) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (o) or Subsection 
58-1-501
(1).
(2) Subsection (1)(b) does not apply to:
(a) giving or receiving a price discount based on purchase volume;
(b) passing along a pharmaceutical manufacturer's rebate; or
(c) providing compensation for services to a veterinarian.
(3) "Unprofessional conduct" does not include, in accordance with Title 26, Chapter
61a, Utah Medical Cannabis Act[
: (a)
]
,
 when registered as a pharmacy medical provider, as
that term is defined in Section 
26-61a-102
, providing pharmacy medical provider services in a
medical cannabis pharmacy[
; or
]
.
[
(b) when acting as a state central patient portal medical provider, as that term is
defined in Section 
26-61a-102
, providing state central patient portal medical provider services.
]
(4) Notwithstanding Subsection (3), the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
Section 27. Section 
58-67-502
 is amended to read:
58-67-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(a) using or employing the services of any individual to assist a licensee in any manner
not in accordance with the generally recognized practices, standards, or ethics of the
profession, state law, or division rule;
(b) making a material misrepresentation regarding the qualifications for licensure under
Section 
58-67-302.7
 or Section 
58-67-302.8
;
(c) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act; or
(e) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (d) or Subsection 
58-1-501
(1).
(2) "Unprofessional conduct" does not include:
(a) in compliance with Section 
58-85-103
:
(i) obtaining an investigational drug or investigational device;
(ii) administering the investigational drug to an eligible patient; or
(iii) treating an eligible patient with the investigational drug or investigational device;
or
(b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
(i) when registered as a qualified medical provider or acting as a limited medical
provider, as those terms are defined in Section 
26-61a-102
, recommending the use of medical
cannabis; 
or
(ii) when registered as a pharmacy medical provider, as that term is defined in Section
26-61a-102
, providing pharmacy medical provider services in a medical cannabis pharmacy[
;
or
]
.
[
(iii) when registered as a state central patient portal medical provider, as that term is
defined in Section 
26-61a-102
, providing state central patient portal medical provider services.
]
(3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a physician described in Subsection (2)(b).
Section 28. Section 
58-68-502
 is amended to read:
58-68-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section
58-1-501
:
(a) using or employing the services of any individual to assist a licensee in any manner
not in accordance with the generally recognized practices, standards, or ethics of the
profession, state law, or division rule;
(b) violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(c) making a material misrepresentation regarding the qualifications for licensure under
Section 
58-68-302.5
;
(d) violating the requirements of Title 26, Chapter 61a, Utah Medical Cannabis Act; or
(e) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (d) or Subsection 
58-1-501
(1).
(2) "Unprofessional conduct" does not include:
(a) in compliance with Section 
58-85-103
:
(i) obtaining an investigational drug or investigational device;
(ii) administering the investigational drug to an eligible patient; or
(iii) treating an eligible patient with the investigational drug or investigational device;
or
(b) in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act:
(i) when registered as a qualified medical provider or acting as a limited medical
provider, as those terms are defined in Section 
26-61a-102
, recommending the use of medical
cannabis; 
or
(ii) when registered as a pharmacy medical provider, as that term is defined in Section
26-61a-102
, providing pharmacy medical provider services in a medical cannabis pharmacy[
;
or
]
.
[
(iii) when registered as a state central patient portal medical provider, as that term is
defined in Section 
26-61a-102
, providing state central patient portal medical provider services.
]
(3) Notwithstanding Subsection (2)(b), the division, in consultation with the board and
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a physician described in Subsection (2)(b).
Section 29. Section 
78A-2-231
 is amended to read:
78A-2-231.
Consideration of lawful use or possession of medical cannabis.
(1) As used in this section:
(a) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
(b) "Directions of use" means the same as that term is defined in Section 
26-61a-102
.
(c) "Dosing guidelines" means the same as that term is defined in Section 
26-61a-102
.
(d) "Medical cannabis" means the same as that term is defined in Section 
26-61a-102
.
(e) "Medical cannabis card" means the same as that term is defined in Section
26-61a-102
.
(f) "Medical cannabis device" means the same as that term is defined in Section
26-61a-102
.
(g) "Recommending medical provider" means the same as that term is defined in
Section 
26-61a-102
.
(2) In any judicial proceeding in which a judge, panel, jury, or court commissioner
makes a finding, determination, or otherwise considers an individual's medical cannabis card,
medical cannabis recommendation from a recommending medical provider, or possession or
use of medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel,
jury, or court commissioner may not consider or treat the individual's card, recommendation,
possession, or use any differently than the lawful possession or use of any prescribed controlled
substance if:
(a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production
Establishments;
(b) the individual's possession or use complies with Subsection 
58-37-3.7
(2) or (3); or
(c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
Medical Cannabis Act; and
(ii) the individual reasonably complies with the directions of use and dosing guidelines
determined by the individual's recommending medical provider or through a consultation
described in Subsection 
26-61a-502
(4) [
or (5)
].
(3) Notwithstanding Sections 
77-18-105
 and 
77-2a-3
, for probation, release, a plea in
abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of
Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain
from the use or possession of medical cannabis, a cannabis product, or a medical cannabis
device, either directly or through a general prohibition on violating federal law, without an
exception related to medical cannabis use, if the individual's use or possession complies with:
(a) Title 26, Chapter 61a, Utah Medical Cannabis Act; or
(b) Subsection 
58-37-3.7
(2) or (3).
Section 30. Section 
80-3-110
 is amended to read:
80-3-110.
Consideration of cannabis during proceedings -- Drug testing.
(1) As used in this section:
(a) "Cannabis" means the same as that term is defined in Section 
26-61a-102
.
(b) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
(c) (i) "Chronic" means repeated or patterned.
(ii) "Chronic" does not mean an isolated incident.
(d) "Directions of use" means the same as that term is defined in Section 
26-61a-102
.
(e) "Dosing guidelines" means the same as that term is defined in Section 
26-61a-102
.
(f) "Medical cannabis" means the same as that term is defined in Section 
26-61a-102
.
(g) "Medical cannabis cardholder" means the same as that term is defined in Section
26-61a-102
.
(h) " Recommending medical provider" means the same as that term is defined in
Section 
26-61a-102
.
(2) In a proceeding under this chapter, in which the juvenile court makes a finding,
determination, or otherwise considers an individual's medical cannabis card, medical cannabis
recommendation from a recommending medical provider, or possession or use of medical
cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider
or treat the individual's medical cannabis card, recommendation, possession, or use any
differently than the lawful possession or use of any prescribed controlled substance if:
(a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
Production Establishments;
(b) the individual's possession or use complies with Subsection 
58-37-3.7
(2) or (3); or
(c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
Medical Cannabis Act; and
(ii) the individual reasonably complies with the directions of use and dosing guidelines
determined by the individual's recommending medical provider or through a consultation
described in Subsection 
26-61a-502
(4) [
or (5)
].
(3) In a proceeding under this chapter, a child's parent's or guardian's use of cannabis or
a cannabis product is not abuse or neglect of the child unless there is evidence showing that:
(a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
because of cannabis being introduced to the child's body in another manner; or
(b) the child is at an unreasonable risk of harm because of chronic inhalation or
ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
(4) Unless there is harm or an unreasonable risk of harm to the child as described in
Subsection (3), in a child welfare proceeding under this chapter, a child's parent's or guardian's
use of medical cannabis or a cannabis product is not contrary to the best interests of the child
if:
(a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act, and there
is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates
from the directions of use and dosing guidelines determined by the parent's or guardian's
recommending medical provider or through a consultation described in Subsection
26-61a-502
(4) or (5); or
(b) before January 1, 2021, the parent's or guardian's possession or use complies with
Subsection 
58-37-3.7
(2) or (3).
(5) Subsection (3) does not prohibit a finding of abuse or neglect of a child, and
Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
that would separately constitute abuse or neglect of the child.
(6) If an individual, who is party to a proceeding under this chapter, is ordered by the
juvenile court to submit to drug testing, or is referred by the division or a guardian ad litem for
drug testing, the individual may not be ordered or referred for drug testing by means of a hair
or fingernail test that is administered to detect the presence of drugs.
Section 31. Section 
80-4-109
 is amended to read:
80-4-109.
Consideration of cannabis during proceedings.
(1) As used in this section:
(a) "Cannabis" means the same as that term is defined in Section 
26-61a-102
.
(b) "Cannabis product" means the same as that term is defined in Section 
26-61a-102
.
(c) (i) "Chronic" means repeated or patterned.
(ii) "Chronic" does not mean an isolated incident.
(d) "Directions of use" means the same as that term is defined in Section 
26-61a-102
.
(e) "Dosing guidelines" means the same as that term is defined in Section 
26-61a-102
.
(f) "Medical cannabis" means the same as that term is defined in Section 
26-61a-102
.
(g) "Medical cannabis cardholder" means the same as that term is defined in Section
26-61a-102
.
(h) "Qualified medical provider" means the same as that term is defined in Section
26-61a-102
.
(2) In a proceeding under this chapter in which the juvenile court makes a finding,
determination, or otherwise considers an individual's possession or use of medical cannabis, a
cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the
individual's possession or use any differently than the lawful possession or use of any
prescribed controlled substance if:
(a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
Production Establishments;
(b) the individual's possession or use complies with Subsection 
58-37-3.7
(2) or (3); or
(c) (i) the individual's possession or use complies with Title 26, Chapter 61a, Utah
Medical Cannabis Act; and
(ii) the individual reasonably complies with the directions of use and dosing guidelines
determined by the individual's qualified medical provider or through a consultation described
in Subsection 
26-61a-502
(4) [
or (5)
].
(3) In a proceeding under this chapter, a parent's or guardian's use of cannabis or a
cannabis product is not abuse or neglect of a child unless there is evidence showing that:
(a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
because of cannabis being introduced to the child's body in another manner; or
(b) the child is at an unreasonable risk of harm because of chronic inhalation or
ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
(4) Unless there is harm or an unreasonable risk of harm to the child as described in
Subsection (3), a parent's or guardian's use of medical cannabis or a cannabis product is not
contrary to the best interests of a child if:
(a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
possession or use complies with Title 26, Chapter 61a, Utah Medical Cannabis Act, and there
is no evidence that the parent's or guardian's use of medical cannabis unreasonably deviates
from the directions of use and dosing guidelines determined by the parent's or guardian's
qualified medical provider or through a consultation described in Subsection 
26-61a-502
(4) or
(5); or
(b) before January 1, 2021, the parent's or guardian's possession or use complies with
Subsection 
58-37-3.7
(2) or (3).
(5) Subsection (3) does not prohibit a finding of abuse or neglect of a child and
Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
that would separately constitute abuse or neglect of the child.
Section 32. 
Repealer.
This bill repeals:
Section 
26-61a-602
,
State central patient portal medical provider.