Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 233 Third Substitute (2024GS)

Sponsor

Sen. Escamilla, L.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows the delivery of medical cannabis to more address types;
• allows a medical cannabis pharmacy to engage in additional targeted marketing;
• allows a medical cannabis processor to engage in targeted marketing subject to administrative rule;
• prohibits anticompetitive behavior;
• modifies provisions related to cannabis production facility applications;
• modifies the duties and membership of the Medical Cannabis Production and Pharmacy Licensing Board (licensing board);
• prohibits the use of certain terms on medical cannabis products;
• modifies a reporting requirement;
• requires pharmacy licenses to be renewed and awarded under the licensing board;
• modifies identification requirements related to obtaining medical cannabis from a medical cannabis pharmacy;
• allows a pharmacist to allow an individual to obtain medical cannabis without identification under certain circumstances;
• allows additional medical providers to provide recommendations to the Compassionate Use Board;

Every vote on this bill

Bill text

MEDICAL CANNABIS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to medical cannabis.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows the delivery of medical cannabis to more address types;
▸ allows a medical cannabis pharmacy to engage in additional targeted marketing;
▸ allows a medical cannabis processor to engage in targeted marketing subject to
administrative rule;
▸ prohibits anticompetitive behavior;
▸ modifies provisions related to cannabis production facility applications;
▸ modifies the duties and membership of the Medical Cannabis Production and
Pharmacy Licensing Board (licensing board);
▸ prohibits the use of certain terms on medical cannabis products;
▸ modifies a reporting requirement;
▸ requires pharmacy licenses to be renewed and awarded under the licensing board;
▸ modifies identification requirements related to obtaining medical cannabis from a
medical cannabis pharmacy;
▸ allows a pharmacist to allow an individual to obtain medical cannabis without
identification under certain circumstances;
▸ allows additional medical providers to provide recommendations to the
Compassionate Use Board;
▸ allows a public employee to file a complaint with the Labor Commission regarding
discriminatory practices related to medical cannabis use;
▸ creates a penalty for a health care provider who provides medical cannabis
recommendations for an entity that is violating advertisement restrictions; and
▸ extends the repeal date of the Medical Cannabis Governance Structure Working
Group.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-41a-102
, as last amended by Laws of Utah 2023, Chapters 273, 313 and 327
4-41a-201
, as last amended by Laws of Utah 2023, Chapters 273, 313 and 327 and last
amended by Coordination Clause, Laws of Utah 2023, Chapter 327
4-41a-201.1
, as enacted by Laws of Utah 2021, Chapter 350
4-41a-202
, as renumbered and amended by Laws of Utah 2018, Third Special Session,
Chapter 1
4-41a-602
, as last amended by Laws of Utah 2023, Chapter 313
4-41a-802
, as last amended by Laws of Utah 2023, Chapter 273
4-41a-1001
, as last amended by Laws of Utah 2023, Chapter 317 and renumbered and
amended by Laws of Utah 2023, Chapters 273, 307 and last amended by
Coordination Clause, Laws of Utah 2023, Chapter 307
4-41a-1005
, as renumbered and amended by Laws of Utah 2023, Chapters 273, 307 and
last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
4-41a-1101
, as last amended by Laws of Utah 2023, Chapter 317 and renumbered and
amended by Laws of Utah 2023, Chapters 273, 307 and last amended by
Coordination Clause, Laws of Utah 2023, Chapter 307
4-41a-1102
, as last amended by Laws of Utah 2023, Chapter 317 and renumbered and
amended by Laws of Utah 2023, Chapters 273, 307 and last amended by Coordination Clause,
Laws of Utah 2023, Chapter 307
4-41a-1106
, as last amended by Laws of Utah 2023, Chapter 317 and renumbered and
amended by Laws of Utah 2023, Chapters 273, 307 and last amended by
Coordination Clause, Laws of Utah 2023, Chapter 307
26B-1-421
, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
and amended by Laws of Utah 2023, Chapter 305
26B-4-201
, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
and amended by Laws of Utah 2023, Chapter 307
26B-4-202
, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
and amended by Laws of Utah 2023, Chapter 307 and last amended by
Coordination Clause, Laws of Utah 2023, Chapter 307
26B-4-204
, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
and amended by Laws of Utah 2023, Chapter 307 and last amended by
Coordination Clause, Laws of Utah 2023, Chapter 307
26B-4-207
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-4-213
, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
and amended by Laws of Utah 2023, Chapter 307 and last amended by
Coordination Clause, Laws of Utah 2023, Chapter 307
26B-4-245
, as enacted by Laws of Utah 2023, Chapter 273
63I-2-236
, as last amended by Laws of Utah 2023, Chapters 87, 101 and 273
ENACTS:
4-41a-604
, Utah Code Annotated 1953
34A-5-114
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-41a-102
 is amended to read:
4-41a-102.
Definitions.
As used in this chapter:
(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may
be injurious to health, including:
(a) pesticides;
(b) heavy metals;
(c) solvents;
(d) microbial life;
(e) artificially derived cannabinoid;
(f) toxins; or
(g) foreign matter.
(2) "Advisory board" means the Medical Cannabis Policy Advisory Board created in
Section 
26B-1-435
.
(3) (a) "Anticompetitive business practice" means any practice that reduces the amount
of competition in the medical cannabis market.
(b) "Anticompetitive business practice" may include:
(i) agreements that may be considered unreasonable when competitors interact to the
extent that they are:
(A) no longer acting independently; or
(B) when collaborating are able to wield market power together; or
(ii) monopolizing or attempting to monopolize trade by:
(A) acting to maintain or acquire a dominant position in the market; or
(B) preventing new entry into the market.
[
(3)
] 
(4)
 (a) "Artificially derived cannabinoid" means a chemical substance that is
created by a chemical reaction that changes the molecular structure of any chemical substance
derived from the cannabis plant.
(b) "Artificially derived cannabinoid" does not include:
(i) a naturally occurring chemical substance that is separated from the cannabis plant
by a chemical or mechanical extraction process; or
(ii) a cannabinoid that is produced by decarboxylation from a naturally occurring
cannabinoid acid without the use of a chemical catalyst.
[
(4)
] 
(5)
 "Cannabis Research Review Board" means the Cannabis Research Review
Board created in Section 
26B-1-420
.
[
(5)
] 
(6)
 "Cannabis" means the same as that term is defined in Section 
26B-4-201
.
[
(6)
] 
(7)
 "Cannabis concentrate" means:
(a) the product of any chemical or physical process applied to naturally occurring
biomass that concentrates or isolates the cannabinoids contained in the biomass; and
(b) any amount of a natural cannabinoid or artificially derived cannabinoid in an
artificially derived cannabinoid's purified state.
[
(7)
] 
(8)
 "Cannabis cultivation byproduct" means any portion of a cannabis plant that is
not intended to be sold as a cannabis plant product.
[
(8)
] 
(9)
 "Cannabis cultivation facility" means a person that:
(a) possesses cannabis;
(b) grows or intends to grow cannabis; and
(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis
processing facility, or a medical cannabis research licensee.
[
(9)
] 
(10)
 "Cannabis cultivation facility agent" means an individual who[
:
]
holds a valid cannabis production establishment agent registration card with a cannabis
cultivation facility designation.
[
(10)
] 
(11)
 "Cannabis derivative product" means a product made using cannabis
concentrate.
[
(11)
] 
(12)
 "Cannabis plant product" means any portion of a cannabis plant intended to
be sold in a form that is recognizable as a portion of a cannabis plant.
[
(12)
] 
(13)
 "Cannabis processing facility" means a person that:
(a) acquires or intends to acquire cannabis from a cannabis production establishment;
(b) possesses cannabis with the intent to manufacture a cannabis product;
(c) manufactures or intends to manufacture a cannabis product from unprocessed
cannabis or a cannabis extract; and
(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a
medical cannabis research licensee.
[
(13)
] 
(14)
 "Cannabis processing facility agent" means an individual who[
:
]
holds a valid cannabis production establishment agent registration card with a cannabis
processing facility designation.
[
(14)
] 
(15)
 "Cannabis product" means the same as that term is defined in Section
26B-4-201
.
[
(15)
] 
(16)
 "Cannabis production establishment" means a cannabis cultivation facility,
a cannabis processing facility, or an independent cannabis testing laboratory.
[
(16)
] 
(17)
 "Cannabis production establishment agent" means a cannabis cultivation
facility agent, a cannabis processing facility agent, or an independent cannabis testing
laboratory agent.
[
(17)
] 
(18)
 "Cannabis production establishment agent registration card" means a
registration card that the department issues that:
(a) authorizes an individual to act as a cannabis production establishment agent; and
(b) designates the type of cannabis production establishment for which an individual is
authorized to act as an agent.
[
(18)
] 
(19)
 "Community location" means a public or private elementary or secondary
school, a church, a public library, a public playground, or a public park.
[
(19)
] 
(20)
 "Cultivation space" means, quantified in square feet, the horizontal area in
which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area
if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above
other plants in multiple levels.
[
(20)
] 
(21)
 "Delivery address" means:
(a) for a medical cannabis cardholder who is not a facility[
,
]
:
(i)
 the medical cannabis cardholder's home address; or
(ii) an address designated by the medical cannabis cardholder that is not a community
location; or
(b) for a medical cannabis cardholder that is a facility, the facility's address.
[
(21)
] 
(22)
 "Department" means the Department of Agriculture and Food.
[
(22)
] 
(23)
 "Family member" means a parent, step-parent, spouse, child, sibling,
step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law,
brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
(24) "Government issued photo identification" means one of the following photo
identifications issued by a foreign or domestic government:
(a) driver license;
(b) non-driver identification card;
(c) passport;
(d) military identification; or
(e) concealed weapons permit.
[
(23)
] 
(25)
 "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 delivery address to fulfill electronic orders that the state central patient
portal facilitates.
[
(24)
] 
(26)
 (a) "Independent cannabis testing laboratory" means a person that:
(i) conducts a chemical or other analysis of cannabis or a cannabis product; or
(ii) acquires, possesses, and transports cannabis or a cannabis product with the intent to
conduct a chemical or other analysis of the cannabis or cannabis product.
(b) "Independent cannabis testing laboratory" includes a laboratory that the department
or a research university operates in accordance with Subsection 
4-41a-201
(14).
[
(25)
] 
(27)
 "Independent cannabis testing laboratory agent" means an individual who[
:
]
holds a valid cannabis production establishment agent registration card with an
independent cannabis testing laboratory designation.
[
(26)
] 
(28)
 "Inventory control system" means a system described in Section 
4-41a-103
.
[
(27)
] 
(29)
 "Licensing board" or "board" means the Cannabis Production Establishment
and Pharmacy
 Licensing Advisory Board created in Section 
4-41a-201.1
.
[
(28)
] 
(30)
 "Medical cannabis" means the same as that term is defined in Section
26B-4-201
.
[
(29)
] 
(31)
 "Medical cannabis card" means the same as that term is defined in Section
26B-4-201
.
[
(30)
] 
(32)
 "Medical cannabis courier" means a courier that:
(a) the department licenses in accordance with Section 
4-41a-1201
; and
(b) contracts with a home delivery medical cannabis pharmacy to deliver medical
cannabis shipments to fulfill electronic orders that the state central patient portal facilitates.
[
(31)
] 
(33)
 "Medical cannabis courier agent" means an individual who:
(a) is an employee of a medical cannabis courier; and
(b) who holds a valid medical cannabis courier agent registration card.
[
(32)
] 
(34)
 "Medical cannabis pharmacy" means the same as that term is defined in
Section 
26B-4-201
.
[
(33)
] 
(35)
 "Medical cannabis pharmacy agent" means the same as that term is defined
in Section 
26B-4-201
.
[
(34)
] 
(36)
 "Medical cannabis research license" means a license that the department
issues to a research university for the purpose of obtaining and possessing medical cannabis for
academic research.
[
(35)
] 
(37)
 "Medical cannabis research licensee" means a research university that the
department licenses to obtain and possess medical cannabis for academic research, in
accordance with Section 
4-41a-901
.
[
(36)
] 
(38)
 "Medical cannabis shipment" means a shipment of medical cannabis [
or a
medical cannabis product
] that a home delivery medical cannabis pharmacy or a medical
cannabis courier delivers to a delivery address to fulfill an electronic medical cannabis order
that the state central patient portal facilitates.
[
(37)
] 
(39)
 "Medical cannabis treatment" means the same as that term is defined in
Section 
26B-4-201
.
[
(38)
] 
(40)
 "Medicinal dosage form" means the same as that term is defined in Section
26B-4-201
.
[
(39)
] 
(41)
 "Pharmacy medical provider" means the same as that term is defined in
Section 
26B-4-201
.
[
(40)
] 
(42)
 "Qualified medical provider" means the same as that term is defined in
Section 
26B-4-201
.
[
(41)
] 
(43)
 "Qualified Production Enterprise Fund" means the fund created in Section
4-41a-104
.
[
(42)
] 
(44)
 "Recommending medical provider" means the same as that term is defined
in Section 
26B-4-201
.
[
(43)
] 
(45)
 "Research university" means the same as that term is defined in Section
53B-7-702
 and a private, nonprofit college or university in the state that:
(a) is accredited by the Northwest Commission on Colleges and Universities;
(b) grants doctoral degrees; and
(c) has a laboratory containing or a program researching a schedule I controlled
substance described in Section 
58-37-4
.
[
(44)
] 
(46)
 "State electronic verification system" means the system described in Section
26B-4-202
.
(47) "Targeted marketing" means the promotion of a 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;
(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;
(c) other marketing material that is physically available or digitally displayed in a
medical cannabis pharmacy; or
(d) a leaflet a medical cannabis pharmacy places in the opaque package or box that is
provided to an individual when obtaining medical cannabis:
(i) in the medical cannabis pharmacy;
(ii) at the medical cannabis pharmacy's drive-through pick up window; or
(iii) in a medical cannabis shipment.
[
(45)
] 
(48)
 "Tetrahydrocannabinol" or "THC" means the same as that term is defined in
Section 
4-41-102
.
[
(46)
] 
(49)
 "THC analog" means the same as that term is defined in Section 
4-41-102
.
[
(47)
] 
(50)
 "Total composite tetrahydrocannabinol" means all detectable forms of
tetrahydrocannabinol.
[
(48)
] 
(51)
 "Total tetrahydrocannabinol" or "total THC" means the same as that term is
defined in Section 
4-41-102
.
Section 2. Section 
4-41a-201
 is amended to read:
4-41a-201.
Cannabis production establishment -- License.
(1) Except as provided in Subsection (14), a person may not operate a cannabis
production establishment without a license that the department issues under this chapter.
(2) (a) (i) Subject to Subsections (6), (7), (8), and (13) and to Section 
4-41a-205
, for a
licensing process that the department initiates after March 17, 2021, the department, through
the licensing board, shall issue licenses in accordance with Section 
4-41a-201.1
.
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules to specify a transparent and efficient process to:
(A) solicit applications for a license under this section;
(B) allow for comments and questions in the development of applications;
(C) timely and objectively evaluate applications;
(D) hold public hearings that the department deems appropriate; and
(E) select applicants to receive a license.
(iii) The department may not issue a license to operate a cannabis production
establishment to an applicant who is not eligible for a license under this section.
(b) An applicant is eligible for a license under this section if the applicant submits to
the licensing board:
(i) subject to Subsection (2)(c), a proposed name and address or, for a cannabis
cultivation facility, addresses of no more than two facility locations, located in a zone described
in Subsection 
4-41a-406
(2)(a) or (b), where the applicant will operate the cannabis production
establishment;
(ii) the name and address of any individual who has:
(A) for a publicly traded company, a financial or voting interest of [
2%
] 
10%
 or greater
in the proposed cannabis production establishment;
(B) for a privately held company, a financial or voting interest in the proposed cannabis
production establishment; or
(C) the power to direct or cause the management or control of a proposed cannabis
production establishment;
(iii) an operating plan that:
(A) complies with Section 
4-41a-204
;
(B) includes operating procedures that comply with this chapter and any law the
municipality or county in which the person is located adopts that is consistent with Section
4-41a-406
; and
(C) the department or licensing board approves;
(iv) a statement that the applicant will obtain and maintain a liquid cash account with a
financial institution or a performance bond that a surety authorized to transact surety business
in the state issues in an amount of at least:
(A) $100,000 for each cannabis cultivation facility for which the applicant applies; or
(B) $50,000 for each cannabis processing facility or independent cannabis testing
laboratory for which the applicant applies;
(v) an application fee in an amount that, subject to Subsection 
4-41a-104
(5), the
department sets in accordance with Section 
63J-1-504
; and
(vi) a description of any investigation or adverse action taken by any licensing
jurisdiction, government agency, law enforcement agency, or court in any state for any
violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
or businesses.
(c) (i) A person may not locate a cannabis production establishment:
(A) within 1,000 feet of a community location; or
(B) in or within 600 feet of a district that the relevant municipality or county has zoned
as primarily residential.
(ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
from the nearest entrance to the cannabis production establishment by following the shortest
route of ordinary pedestrian travel to the property boundary of the community location or
residential area.
(iii) The licensing board may grant a waiver to reduce the proximity requirements in
Subsection (2)(c)(i) by up to 20% if the licensing board determines that it is not reasonably
feasible for the applicant to site the proposed cannabis production establishment without the
waiver.
(iv) An applicant for a license under this section shall provide evidence of compliance
with the proximity requirements described in Subsection (2)(c)(i).
(3) If the licensing board approves an application for a license under this section and
Section 
4-41a-201.1
:
(a) the applicant shall pay the department[
:
]
[
(i)
] an initial license fee in an amount that, subject to Subsection 
4-41a-104
(5), the
department sets in accordance with Section 
63J-1-504
[
; or
]
; and
[
(ii) a fee for a 120-day limited license to operate as a cannabis processing facility
described in Subsection (3)(b) that is equal to 33% of the initial license fee described in
Subsection (3)(a)(i); and
]
(b) the department shall notify the Department of Public Safety of the license approval
and the names of each individual described in Subsection (2)(b)(ii).
(4) (a) Except as provided in Subsection (4)(b), a cannabis production establishment
shall obtain a separate license for each type of cannabis production establishment and each
location of a cannabis production establishment.
(b) The licensing board may issue a cannabis cultivation facility license and a cannabis
processing facility license to a person to operate at the same physical location or at separate
physical locations.
(5) If the licensing board receives more than one application for a cannabis production
establishment within the same city or town, the licensing board shall consult with the local land
use authority before approving any of the applications pertaining to that city or town.
(6) The licensing board may not issue a license to operate an independent cannabis
testing laboratory to a person who:
(a) holds a license or has an ownership interest in a medical cannabis pharmacy, a
cannabis processing facility, or a cannabis cultivation facility;
(b) has an owner, officer, director, or employee whose family member holds a license
or has an ownership interest in a medical cannabis pharmacy, a cannabis processing facility, or
a cannabis cultivation facility; or
(c) proposes to operate the independent cannabis testing laboratory at the same physical
location as a medical cannabis pharmacy, a cannabis processing facility, or a cannabis
cultivation facility.
(7) The licensing board may not issue a license to operate a cannabis production
establishment to an applicant if any individual described in Subsection (2)(b)(ii):
(a) has been convicted under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution;
(b) is younger than 21 years old; or
(c) after September 23, 2019, until January 1, 2023, is actively serving as a legislator.
(8) (a) If an applicant for a cannabis production establishment license under this
section holds a license under Title 4, Chapter 41, Hemp and Cannabinoid Act, the licensing
board may not give preference to the applicant based on the applicant's status as a holder of the
license.
(b) If an applicant for a license to operate a cannabis cultivation facility under this
section holds a license to operate a medical cannabis pharmacy under this title, the licensing
board may give consideration to the applicant based on the applicant's status as a holder of a
medical cannabis pharmacy license if:
(i) 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
(ii) the licensing board finds multiple other factors, in addition to the existing license,
that support granting the new license.
(9) The licensing board may revoke a license under this part:
(a) if the cannabis production establishment does not begin cannabis production
operations within one year after the day on which the licensing board issues the initial license;
(b) after the third of the same violation of this chapter in any of the licensee's licensed
cannabis production establishments or medical cannabis pharmacies;
(c) if any individual described in Subsection (2)(b) is convicted, while the license is
active, under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution;
(d) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at
the time of application, or fails to supplement the information described in Subsection
(2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
application within 14 calendar days after the licensee receives notice of the investigation or
adverse action;
(e) if the cannabis production establishment demonstrates a willful or reckless
disregard for the requirements of this chapter or the rules the department makes in accordance
with this chapter;
(f) if, after a change of ownership described in Subsection (15)(b), the board
determines that the cannabis production establishment no longer meets the minimum standards
for licensure and operation of the cannabis production establishment described in this chapter;
[
or
]
(g) for an independent cannabis testing laboratory, if the independent cannabis testing
laboratory fails to substantially meet the performance standards described in Subsection
(14)(b)[
.
]
; or
(h) if, following an investigation conducted pursuant to Subsection 
4-41a-201.1
(11),
the board identifies that the licensee has participated in anticompetitive business practices.
(10) (a) A person who receives a cannabis production establishment license under this
chapter, if the municipality or county where the licensed cannabis production establishment
will be located requires a local land use permit, shall submit to the licensing board a copy of
the licensee's approved application for the land use permit within 120 days after the day on
which the licensing board issues the license.
(b) If a licensee fails to submit to the licensing board a copy of the licensee's approved
land use permit application in accordance with Subsection (10)(a), the licensing board may
revoke the licensee's license.
(11) The department shall deposit the proceeds of a fee that the department imposes
under this section into the Qualified Production Enterprise Fund.
(12) The department shall begin accepting applications under this part on or before
January 1, 2020.
(13) (a) The department's authority, and consequently the licensing board's authority, to
issue a license under this section is plenary and is not subject to review.
(b) Notwithstanding Subsection (2)(a)(ii)(A), the decision of the department to award a
license to an applicant is not subject to:
(i) Title 63G, Chapter 6a, Part 16, Protests; or
(ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
(14) (a) Notwithstanding this section, the department:
(i) may operate or partner with a research university to operate an independent
cannabis testing laboratory;
(ii) if the department operates or partners with a research university to operate an
independent cannabis testing laboratory, may not cease operating or partnering with a research
university to operate the independent cannabis testing laboratory unless:
(A) the department issues at least two licenses to independent cannabis testing
laboratories; and
(B) the department has ensured that the licensed independent cannabis testing
laboratories have sufficient capacity to provide the testing necessary to support the state's
medical cannabis market; and
(iii) after ceasing department or research university operations under Subsection
(14)(a)(ii) shall resume independent cannabis testing laboratory operations at any time if:
(A) fewer than two licensed independent cannabis testing laboratories are operating; or
(B) the licensed independent cannabis testing laboratories become, in the department's
determination, unable to fully meet the market demand for testing.
(b) (i) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish performance standards for the operation of an
independent cannabis testing laboratory, including deadlines for testing completion.
(ii) A license that the department issues to an independent cannabis testing laboratory
is contingent upon substantial satisfaction of the performance standards described in
Subsection (14)(b)(i), as determined by the board.
(15) (a) A cannabis production establishment license is not transferrable or assignable.
(b) If the ownership of a cannabis production establishment changes by 50% or more:
(i) the cannabis production establishment 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 board shall:
(A) conduct the application review described in Section 
4-41a-201.1
; and
(B) award a license to the cannabis production establishment for the remainder of the
term of the cannabis production establishment's license before the ownership change if the
cannabis production establishment meets the minimum standards for licensure and operation of
the cannabis production establishment described in this chapter; and
(iii) if the board approves the license application, notwithstanding Subsection (3), the
cannabis production establishment 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 3. Section 
4-41a-201.1
 is amended to read:
4-41a-201.1.
Cannabis Production Establishment and Pharmacy Licensing
Advisory Board -- Composition -- Duties.
(1) There is created within the department the Cannabis Production Establishment 
and
Pharmacy
 Licensing Advisory Board.
(2) The commissioner shall:
(a) appoint the members of the board;
(b) submit the name of each individual that the commissioner appoints under
Subsection (2)(a) to the governor for confirmation or rejection; and
(c) if the governor rejects an appointee that the commissioner submits under
Subsection (2)(b), appoint another individual in accordance with this Subsection (2).
(3) (a) Except as provided in Subsection (3)(c), the board shall consist of the following
[
six
] 
eight
 members:
(i) the following [
five
] 
seven
 voting members whom the commissioner appoints:
(A) one member of the public;
(B) one member with knowledge and experience in the pharmaceutical or nutraceutical
manufacturing industry;
(C) one member representing law enforcement;
(D) one member whom an organization representing medical cannabis patients
recommends; [
and
]
(E) a chemist who has experience with cannabis and who is associated with a research
university; [
and
]
(F) a pharmacist who is not associated with the medical cannabis industry; and
(G) an accountant; and
(ii) the commissioner or the commissioner's designee as a non-voting member, except
to cast a deciding vote in the event of a tie.
(b) The commissioner may appoint a [
seventh
] 
ninth
 member to the board who has a
background in the cannabis cultivation and processing industry.
(c) The commissioner or the commissioner's designee shall serve as the chair of the
board.
(d) An individual is not eligible for appointment to be a member of the board if the
individual:
(i) has any commercial or ownership interest in a cannabis production establishment,
medical cannabis pharmacy, or medical cannabis courier;
(ii) has an owner, officer, director, or employee whose family member holds a license
or has an ownership interest in a cannabis production establishment, medical cannabis
pharmacy, or medical cannabis courier; or
(iii) is employed or contracted to lobby on behalf of any cannabis production
establishment, medical cannabis pharmacy, or medical cannabis courier.
(4) (a) Except as provided in Subsection (4)(b), a voting board member shall serve a
term of four years, beginning July 1 and ending June 30.
(b) Notwithstanding Subsection (4)(a), for the initial appointments to the board, the
commissioner shall stagger the length of the terms of board members to ensure that the
commissioner appoints two or three board members every two years.
(c) As a board member's term expires:
(i) the board member is eligible for reappointment; and
(ii) the commissioner shall make an appointment, in accordance with Subsection (2),
for the new term before the end of the member's term.
(d) When a vacancy occurs on the board for any reason other than the expiration of a
board member's term, the commissioner shall appoint a replacement to the vacant position, in
accordance with Subsection (2), for the unexpired term.
(e) In making appointments, the commissioner shall ensure that no two members of the
board are employed by or represent the same company or nonprofit organization.
(f) The commissioner may remove a board member for cause, neglect of duty,
inefficiency, or malfeasance.
(5) (a) (i) [
Four
] 
Five
 members of the board constitute a quorum of the board.
(ii) An action of the majority of the board members when a quorum is present
constitutes an action of the board.
(b) The department shall provide staff support to the board.
(c) A member of the board may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
(6) The board shall:
(a) meet as called by the chair to review cannabis production establishment 
and
pharmacy
 license applications;
(b) review each license application for compliance with:
(i) this chapter; and
(ii) department rules;
(c) conduct a public hearing to consider the license application;
(d) approve the department's license application forms and checklists; and
(e) make a determination on each license application.
(7) The board shall hold a public hearing to review a cannabis production
establishment's 
or pharmacy's
 license if the establishment:
(a) changes ownership by an interest of 20% or more;
(b) changes or adds a location;
(c) upgrades to a different licensing tier under department rule;
(d) changes extraction or formulation standard operating procedures;
(e) adds an industrial hemp processing or cultivation license to the same location as the
cannabis production establishment's processing facility; or
(f) as necessary based on the recommendation of the department.
(8) In a public hearing held under Subsection (7), the board may consider the following
in determining whether to approve a request to change pharmacy locations:
(a) medical cannabis availability, quality, and variety;
(b) whether geographic dispersal among licensees is sufficient to reasonably maximize
access to the largest number of medical cannabis cardholders;
(c) the extent to which the pharmacy can increase efficiency and reduce the cost to
patients of medical cannabis; and
(d) the factors listed in Subsection 
4-41a-1004
(7).
(9) In a public hearing held pursuant to Subsection (7), the board may not approve a
request to change pharmacy locations outside of their current region established under
Subsection 
4-41a-1005
(1)(c)(ii)(A).
[
(8)
] 
(10)
 (a) The board shall meet annually in December to consider cannabis
production establishment 
and pharmacy
 license renewal applications.
(b) During the meeting described in Subsection [
(8)(a)
] 
(10)(a)
:
(i) a representative from each applicant for renewal shall:
(A) attend in person or electronically; or
(B) submit information before the meeting, as the board may require, for the board's
consideration; [
and
]
(ii) the board shall consider, for each cannabis cultivation facility seeking renewal,
information including:
(A) the amount of biomass the licensee produced during the current calendar year;
(B) the amount of biomass the licensee projects to produce during the following year;
(C) the amount of hemp waste the licensee currently holds;
(D) the current square footage or acres of growing area the licensee uses; and
(E) the square footage or acres of growing area the licensee projects to use in the
following year; [
and
]
(iii) the board shall consider, for each cannabis processing facility seeking renewal,
information including:
(A) methods and procedures for extraction;
(B) standard operating procedures; and
(C) a complete listing of the medical dosage forms that the licensee produces[
.
]
; and
(iv) the board shall consider, for each cannabis pharmacy seeking renewal, information
including:
(A) product availability, quality, and variety;
(B) the pharmacy's operating procedures; and
(C) the factors listed in Subsection 
4-41a-1003
(1).
(c) Following consideration of the information provided under Subsection (10)(b), the
board may elect to approve, deny, or issue conditional approval of a cannabis production
establishment or pharmacy license renewal application.
[
(c)
] 
(d)
 The information a licensee or license applicant provides to the board for a
license determination constitutes a protected record under Subsection 
63G-2-305
(1) or (2) if
the applicant or licensee provides the board with the information regarding business
confidentiality required in Section 
63G-2-309
.
(11) In cooperation with the Division of Consumer Protection, the board may
investigate information received by the department indicating that a licensee is potentially
engaging in anticompetitive business practices.
Section 4. Section 
4-41a-202
 is amended to read:
4-41a-202.
Cannabis production establishment owners and directors -- Criminal
background checks.
(1) Each applicant for a license as a cannabis production establishment shall submit to
the department, at the time of application, from each individual who has a financial or voting
interest of [
2%
] 
10%
 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 Utah 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 5. Section 
4-41a-602
 is amended to read:
4-41a-602.
Cannabis product -- Labeling and child-resistant packaging.
(1) For any cannabis product that a cannabis processing facility processes or produces
and for any raw cannabis that the facility packages, the facility shall:
(a) label the cannabis or cannabis product with a label that:
(i) clearly and unambiguously states that the cannabis product or package contains
cannabis;
(ii) clearly displays the amount of total composite tetrahydrocannabinol, cannabidiol,
and any known cannabinoid that is greater than 1% of the total cannabinoids contained in the
cannabis or cannabis product as determined under Subsection 
4-41a-701
(4);
(iii) has a unique identification number that:
(A) is connected to the inventory control system; and
(B) identifies the unique cannabis product manufacturing process the cannabis
processing facility used to manufacture the cannabis product;
(iv) identifies the cannabinoid extraction process that the cannabis processing facility
used to create the cannabis product;
(v) does not display an image, word, or phrase that the facility knows or should know
appeals to children; and
(vi) discloses each active or potentially active ingredient, in order of prominence, and
possible allergen; and
(b) package the raw cannabis or cannabis product in a medicinal dosage form in a
container that:
(i) is tamper evident and tamper resistant;
(ii) does not appeal to children;
(iii) does not mimic a candy container;
(iv) complies with child-resistant effectiveness standards that the United States
Consumer Product Safety Commission establishes;
(v) includes a warning label that states:
(A) for a container labeled before July 1, 2021, "WARNING: Cannabis has
intoxicating effects and may be addictive. Do not operate a vehicle or machinery under its
influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use
only as directed by a qualified medical provider.";
(B) for a container labeled on or after July 1, 2021, "WARNING: Cannabis has
intoxicating effects and may be addictive. Do not operate a vehicle or machinery under its
influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use
only as directed by a recommending medical provider."; or
(C) for a container labeled on or after January 1, 2024, "WARNING: Cannabis has
intoxicating effects, may be addictive, and may increase risk of mental illness. Do not operate a
vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This
product is for medical use only. Use only as directed by a recommending medical provider.";
and
(vi) for raw cannabis or a cannabis product sold in a vaporizer cartridge labeled on or
after May 3, 2023, includes a warning label that states:
(A) "WARNING: Vaping of cannabis-derived products has been associated with lung
injury."; and
(B) "WARNING: Inhalation of cannabis smoke has been associated with lung injury.".
(2) To ensure that a cannabis product that a cannabis processing facility processes or
produces has a medical rather than recreational disposition, the facility may not produce or
process a product whose name includes 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."
[
(2)
] 
(3)
 For any cannabis or cannabis product that the cannabis processing facility
processes into a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
rectangular cuboid shape, the facility shall:
(a) ensure that the label described in Subsection (1)(a) does not contain a photograph or
other image of the content of the container; and
(b) include on the label described in Subsection (1)(a) a warning about the risks of
over-consumption.
[
(3)
] 
(4)
 For any cannabis product that contains an artificially derived cannabinoid, the
cannabis processing facility shall ensure that the label clearly:
(a) identifies each artificially derived cannabinoid; and
(b) identifies that each artificially derived cannabinoid is an artificially derived
cannabinoid.
[
(4)
] 
(5)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the department:
(a) shall make rules to establish:
(i) a standard labeling format that:
(A) complies with the requirements of this section; and
(B) ensures inclusion of a pharmacy label; and
(ii) additional requirements on packaging for cannabis and cannabis products to ensure
safety and product quality; and
(b) may make rules to further define standards regarding images, words, phrases, or
containers that may appeal to children under Subsection (1)(a)(v) or (1)(b)(ii).
Section 6. Section 
4-41a-604
 is enacted to read:
 4-41a-604.
Advertising.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules establishing conditions under which a cannabis processing facility
may engage in targeted marketing.
Section 7. Section 
4-41a-802
 is amended to read:
4-41a-802.
Report.
(1) At or before the November interim meeting each year, the department shall report
to the Health and Human Services Interim Committee on:
(a) the number of applications and renewal applications that the department receives
under this chapter;
(b) the number of each type of cannabis production facility that the department licenses
in each county;
(c) the amount of cannabis that licensees grow;
(d) the amount of cannabis that licensees manufacture into cannabis products;
(e) the number of licenses the department revokes under this chapter;
(f) the department's operation of an independent cannabis testing laboratory under
Section 
4-41a-201
, including:
(i) the cannabis and cannabis products the department tested; and
(ii) the results of the tests the department performed; [
and
]
(g) the expenses incurred and revenues generated under this chapter[
.
]
; and
(h) an analysis of product availability in medical cannabis pharmacies in consultation
with the Department of Health and Human Services.
(2) The department may not include personally identifying information in the report
described in this section.
(3) The department shall report to the working group described in Section 
36-12-8.2
 as
requested by the working group.
Section 8. Section 
4-41a-1001
 is amended to read:
4-41a-1001.
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 
4-41a-1005
, the department
shall issue a license to operate a medical cannabis pharmacy [
in accordance with Title 63G,
Chapter 6a, Utah Procurement Code
] 
through the licensing board created under Section
4-41a-201.1
.
(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 10% 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) 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 
4-41a-1004
;
(B) includes operating procedures to comply with the operating requirements for a
medical cannabis pharmacy described in this part and with a relevant municipal or county law
that is consistent with Section 
4-41a-1106
; and
(C) the department approves;
(v) an application fee in an amount that, subject to Subsection 
4-41a-104
(5), the
department sets in accordance with Section 
63J-1-504
; and
(vi) a description of any investigation or adverse action taken by any licensing
jurisdiction, government agency, law enforcement agency, or court in any state for any
violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
or businesses.
(c) (i) A person may not locate a 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 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
4-41a-104
(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 
4-41a-104
(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
another license under this chapter, 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 this section, the department may give
consideration to the applicant's status as a holder of the license if:
(i) 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
(ii) the department finds multiple other factors, in addition to the existing license, that
support granting the new license.
(6) (a) The [
department
] 
licensing board
 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[
.
]
; or
(vii) if through an investigation conducted pursuant to Subsection 
4-41a-201.1
(11), the
board finds that the licensee has participated in anticompetitive business practices.
(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 Production 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
] 
department's
 cost of conducting
the application review.
Section 9. Section 
4-41a-1005
 is amended to read:
4-41a-1005.
Maximum number of licenses. 
(1) (a) Except as provided in [
Subsections
] 
Subsection
 (1)(b) or (d), if a sufficient
number of applicants apply, the department shall issue up to 15 medical cannabis pharmacy
licenses in accordance with this section.
(b) If an insufficient number of qualified applicants apply for the available number of
medical cannabis pharmacy licenses, the department shall issue a medical cannabis pharmacy
license to each qualified applicant.
(c) The department may issue the licenses described in Subsection (1)(a) in accordance
with this Subsection (1)(c).
(i) Using one procurement process, the department may issue eight licenses to an initial
group of medical cannabis pharmacies and six licenses to a second group of medical cannabis
pharmacies.
(ii) [
If the department issues licenses in two phases in accordance with Subsection
(1)(c)(i), the
] 
The
 department shall:
(A) divide the state into no less than four geographic regions
, set by the department in
rule
;
(B) issue at least one license in each geographic region during each phase of issuing
licenses; and
(C) complete the process of issuing medical cannabis pharmacy licenses no later than
July 1, 2020.
(iii) In issuing a 15th license under Subsection (1), the department shall ensure that the
license recipient will locate the medical cannabis pharmacy within Dagget, Duchesne, Uintah,
Carbon, Sevier, Emery, Grand, or San Juan County.
(d) (i) The department may issue licenses to operate a medical cannabis pharmacy in
addition to the licenses described in Subsection (1)(a) if the department determines, in
consultation with the Department of Health and Human Services and after an annual or more
frequent analysis of the current and anticipated market for medical cannabis, that each
additional license is necessary to provide an adequate supply, quality, or variety of medical
cannabis to medical cannabis cardholders.
(ii) The department shall:
(A) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules to establish criteria and processes for the consultation, analysis, and application for
a license described in Subsection (1)(d)(i); and
(B) report to the Executive Appropriations Committee of the Legislature before each
time the department issues an additional license under Subsection (1)(d)(i) regarding the results
of the consultation and analysis described in Subsection (1)(d)(i) and the application of the
criteria described in Subsection (1)(d)(ii)(A).
(2) (a) If there are more qualified applicants than there are available licenses for
medical cannabis pharmacies, the department shall:
(i) evaluate each applicant and award the license to the applicant that best
demonstrates:
(A) experience with establishing and successfully operating a business that involves
complying with a regulatory environment, tracking inventory, and training, evaluating, and
monitoring employees;
(B) an operating plan that will best ensure the safety and security of patrons and the
community;
(C) positive connections to the local community;
(D) the suitability of the proposed location and the location's accessibility for
qualifying patients;
(E) the extent to which the applicant can increase efficiency and reduce the cost of
medical cannabis for patients; and
(F) a strategic plan described in Subsection 
4-41a-1004
(7) that has a comparatively
high likelihood of success; and
(ii) ensure a geographic dispersal among licensees that is sufficient to reasonably
maximize access to the largest number of medical cannabis cardholders.
(b) In making the evaluation described in Subsection (2)(a), the department may give
increased consideration to applicants who indicate a willingness to:
(i) operate as a home delivery medical cannabis pharmacy that accepts electronic
medical cannabis orders that the state central patient portal facilitates; and
(ii) accept payments through:
(A) a payment provider that the Division of Finance approves, in consultation with the
state treasurer, in accordance with Section 
4-41a-108
; or
(B) a financial institution in accordance with Subsection 
4-41a-108
(4).
(3) The department may conduct a face-to-face interview with an applicant for a
license that the department evaluates under Subsection (2).
Section 10. Section 
4-41a-1101
 is amended to read:
4-41a-1101.
Operating requirements -- General.
(1) (a) A medical cannabis pharmacy shall operate:
(i) at the physical address provided to the department under Section 
4-41a-1001
; and
(ii) in accordance with the operating plan provided to the department under Section
4-41a-1001
 and, if applicable, Section 
4-41a-1004
.
(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 performing an inspection under Section
4-41a-1103
; 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
4-41a-1102
(2).
(7) Except for an emergency situation described in Subsection 
26B-4-213
(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 
26B-4-204
(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 
26B-4-213
(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
26B-4-231
(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[
,
] 
or
 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) A medical cannabis pharmacy:
(a) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy
Practice Act, as a pharmacy medical provider;
(b) 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;
(c) shall ensure that a pharmacy medical provider described in Subsection (12)(a)
works onsite during all business hours;
(d) shall designate one pharmacy medical provider described in Subsection (12)(a) as
the pharmacists-in-charge to oversee the operation of and generally supervise the medical
cannabis pharmacy; and
(e) shall allow the pharmacist-in-charge to determine which cannabis and cannabis
products the medical cannabis pharmacy maintains in the medical cannabis pharmacy's
inventory.
[
(12)
] 
(13)
 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 11. Section 
4-41a-1102
 is amended to read:
4-41a-1102.
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:
(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; or
(B) a Department of Health and Human Services registration described in Subsection
26B-4-213
(10); and
(ii) 
except as provided in Subsection (7),
 a corresponding 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 
26B-4-213
(2)(a)(i)(B) or to a minor described in Subsection 
26B-4-213
(2)(c)
unless the individual or minor has the approval of the Compassionate Use Board in accordance
with Subsection 
26B-1-421
(5).
(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) 
except for a medical cannabis cardholder approved under Subsection 
26B-4-245
(2),
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 
26B-4-231
(5) any medical cannabis.
(3) (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 (3)(a)(i)
(A)
 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 
26B-4-201
;
(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;
(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 (3)(a)(iv) in public shall keep the container within the opaque bag or box that the
medical cannabis pharmacist provides.
(4) (a) Except as provided in Subsection (4)(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.
(5) (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.
(6) A medical cannabis pharmacy may purchase and store medical cannabis devices
regardless of whether the seller has a cannabis-related license under this chapter or Title 26B,
Utah Health and Human Services Code.
(7) A pharmacy medical provider who is a pharmacist may accept alternative evidence
of a medical cannabis cardholder's identity as determined appropriate by the pharmacist, if:
(a) the individual does not have the individual's government issued photo identification
at the time of pickup; and
(b) the pharmacist documents in a record kept by the medical cannabis pharmacy a
description of how the individual was positively identified.
Section 12. Section 
4-41a-1106
 is amended to read:
4-41a-1106.
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 
4-41a-104
(5),
the department sets in accordance with Section 
63J-1-504
.
(b) 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 
4-41a-104
(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 
26B-4-219
 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).
(d) A medical cannabis pharmacy agent may not access the electronic verification
system following the termination of their employment.
(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 13. Section 
26B-1-421
 is amended to read:
26B-1-421.
Compassionate Use Board.
(1) The definitions in Section 
26B-4-201
 apply to this section.
(2) (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
] 
with the advice and consent of the Senate
:
(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) 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 (2)(a),
the executive director shall ensure that at least two have a board certification in pediatrics.
(3) (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 (3)(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.
(d) 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 
26B-4-213
(2)(a), a minor described in Subsection
26B-4-213
(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
] 
recommending
 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
] 
recommending
 medical provider's professional opinion,
adequately responded to conventional treatments;
(ii) the [
qualified
] 
recommending
 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
] 
recommending
 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) when a [
qualified
] 
recommending
 medical provider recommends that an individual
described in Subsection 
26B-4-213
(2)(a)(i)(B) or a minor described in Subsection
26B-4-213
(2)(c) be allowed to use a medical cannabis device or [
medical cannabis product
]
medical cannabis
 to vaporize a medical cannabis treatment, review and approve or deny the use
of the medical cannabis device or [
medical cannabis product
] 
medical cannabis
;
(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
] 
recommending
 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 and the advisory board.
Section 14. Section 
26B-4-201
 is amended to read:
26B-4-201.
Definitions.
As used in this part:
(1) "Active tetrahydrocannabinol" means THC, any THC analog, and
tetrahydrocannabinolic acid.
(2) "Administration of criminal justice" means the performance of detection,
apprehension, detention, pretrial release, post-trial release, prosecution, and adjudication.
[
(2)
] 
(3)
 "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.
[
(3)
] 
(4)
 "Advisory board" means the Medical Cannabis Policy Advisory Board created
in Section 
26B-1-435
.
[
(4)
] 
(5)
 " Cannabis Research Review Board" means the Cannabis Research Review
Board created in Section 
26B-1-420
.
[
(5)
] 
(6)
 "Cannabis" means marijuana.
[
(6)
] 
(7)
 "Cannabis cultivation facility" means the same as that term is defined in
Section 
4-41a-102
.
[
(7)
] 
(8)
 "Cannabis processing facility" means the same as that term is defined in
Section 
4-41a-102
.
[
(8)
] 
(9)
 "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.
[
(9)
] 
(10)
 "Cannabis production establishment" means the same as that term is defined
in Section 
4-41a-102
.
[
(10)
] 
(11)
 "Cannabis production establishment agent" means the same as that term is
defined in Section 
4-41a-102
.
[
(11)
] 
(12)
 "Cannabis production establishment agent registration card" means the
same as that term is defined in Section 
4-41a-102
.
[
(12)
] 
(13)
 "Community location" means a public or private elementary or secondary
school, a church, a public library, a public playground, or a public park.
[
(13)
] 
(14)
 "Conditional medical cannabis card" means an electronic medical cannabis
card that the department issues in accordance with Subsection 
26B-4-213
(1)(b) to allow an
applicant for a medical cannabis card to access medical cannabis during the department's
review of the application.
[
(14)
] 
(15)
 "Controlled substance database" means the controlled substance database
created in Section 
58-37f-201
.
[
(15)
] 
(16)
 "Delivery address" means[
:
] 
the same as that term is defined in Section
4-41a-102
.
[
(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.
]
[
(16)
] 
(17)
 "Department" means the Department of Health and Human Services.
[
(17)
] 
(18)
 "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 
26B-4-214
; or
(b) (i) a facility that an individual designates as a designated caregiver in accordance
with Subsection 
26B-4-214
(1)(b); or
(ii) an assigned employee of the facility described in Subsection 
26B-4-214
(1)(b)(ii).
[
(18)
] 
(19)
 "Directions of use" means recommended routes of administration for a
medical cannabis treatment and suggested usage guidelines.
[
(19)
] 
(20)
 "Dosing guidelines" means a quantity range and frequency of administration
for a recommended treatment of medical cannabis.
[
(20)
] 
(21)
 "Financial institution" means a bank, trust company, savings institution, or
credit union, chartered and supervised under state or federal law.
[
(21)
] 
(22)
 "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.
[
(22)
] 
(23)
 "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 delivery address to fulfill electronic orders that the state central patient
portal facilitates.
[
(23)
] 
(24)
 "Inventory control system" means the system described in Section
4-41a-103
.
[
(24)
] 
(25)
 "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 
26B-4-230
(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.
[
(25)
] 
(26)
 "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.
[
(26)
] 
(27)
 "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 
26B-4-204
(1)(b).
[
(27)
] 
(28)
 "Marijuana" means the same as that term is defined in Section 
58-37-2
.
[
(28)
] 
(29)
 "Medical cannabis" means cannabis in a medicinal dosage form or a
cannabis product in a medicinal dosage form.
[
(29)
] 
(30)
 "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.
[
(30)
] 
(31)
 "Medical cannabis cardholder" means:
(a) a holder of a medical cannabis card; or
(b) a facility or assigned employee, described in [
Subsection(17)(b)
] 
Subsection
(18)(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 
26B-4-214
(1)(b);
and
(ii) while in possession of documentation that establishes:
(A) a caregiver designation described in Subsection 
26B-4-214
(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.
[
(31)
] 
(32)
 "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.
[
(32)
] 
(33)
 "Medical cannabis courier" means the same as that term is defined in
Section 
4-41a-102
.
[
(33)
] 
(34)
 "Medical cannabis courier agent" means the same as that term is defined in
Section 
4-41a-102
.
[
(34)
] 
(35)
 (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.
[
(35)
] 
(36)
 "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.
[
(36)
] 
(37)
 "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.
[
(37)
] 
(38)
 "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.
[
(38)
] 
(39)
 "Medical cannabis pharmacy agent" means an individual who holds a valid
medical cannabis pharmacy agent registration card issued by the department.
[
(39)
] 
(40)
 "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.
[
(40)
] 
(41)
 "Medical cannabis shipment" means the same as that term is defined in
Section 
4-41a-102
.
[
(41)
] 
(42)
 "Medical cannabis treatment" means cannabis in a medicinal dosage form, a
cannabis product in a medicinal dosage form, or a medical cannabis device.
[
(42)
] 
(43)
 (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
]
(K) a suppository preparation; or
(L) a soft or hard confection; 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.
(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 [
(42)(a)(ii)
] 
(43)(a)(ii)
 for use; and
(ii) does not exceed the quantity described in Subsection [
(42)(a)(ii)
] 
(43)(a)(ii)
.
(c) "Medicinal dosage form" does not include:
(i) any unprocessed cannabis flower outside of the container described in Subsection
[
(42)(a)(ii)
] 
(43)(a)(ii)
, except as provided in Subsection [
(42)(b)
] 
(43)(b)
;
(ii) any unprocessed cannabis flower in a container described in Subsection
[
(42)(a)(ii)
] 
(43)(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;
(iv) a liquid suspension that is branded as a beverage; [
or
]
(v) a substance described in Subsection [
(42)(a)(i)
] 
(43)(a)(i)
 or (ii) if the substance is
not measured in grams, milligrams, or milliliters[
.
]
; or
(vi) a substance that contains or is covered to any degree with chocolate.
[
(43)
] 
(44)
 "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 
26B-4-203
.
[
(44)
] 
(45)
 "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.
[
(45)
] 
(46)
 "Pharmacy medical provider" means the medical provider required to be on
site at a medical cannabis pharmacy under Section 
26B-4-219
.
[
(46)
] 
(47)
 "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.
[
(47)
] 
(48)
 "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 
26B-4-204
.
[
(48)
] 
(49)
 "Qualified Patient Enterprise Fund" means the enterprise fund created in
Section 
26B-1-310
.
[
(49)
] 
(50)
 "Qualifying condition" means a condition described in Section 
26B-4-203
.
[
(50)
] 
(51)
 "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.
[
(51)
] 
(52)
 "Recommending medical provider" means a qualified medical provider or a
limited medical provider.
[
(52)
] 
(53)
 "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.
[
(53)
] 
(54)
 "State central patient portal" means the website the department creates, in
accordance with Section 
26B-4-236
, to facilitate patient safety, education, and an electronic
medical cannabis order.
[
(54)
] 
(55)
 "State electronic verification system" means the system described in Section
26B-4-202
.
[
(55)
] 
(56)
 "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:
] 
the same as that term is defined in Section 
4-41a-102
.
[
(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
].
[
(56)
] 
(57)
 "Tetrahydrocannabinol" or "THC" means a substance derived from
cannabis or a synthetic equivalent as described in Subsection 
58-37-4
(2)(a)(iii)(AA).
[
(57)
] 
(58)
 "THC analog" means the same as that term is defined in Section 
4-41-102
.
Section 15. Section 
26B-4-202
 is amended to read:
26B-4-202.
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 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 
26B-4-213
;
(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 recommendtreatment with cannabis in a medicinal dosage form or a
cannabis product in a medicinal dosage form and optionally recommend dosing guidelines;
(iii) electronically renew a recommendation to a medical cannabis patient cardholder or
medical cannabis guardian cardholder:
(A) using telehealth services, for the qualified medical provider who originally
recommended a medical cannabis treatment during a face-to-face visit with the patient; or
(B) during a face-to-face visit with the patient, for a qualified medical provider who
did not originally recommend the medical cannabis treatment during a face-to-face visit
; and
(iv) 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) allows a medical cannabis pharmacy medical provider or medical cannabis
pharmacy agent, in accordance with Subsection 
4-41a-1101
(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;
(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 part;
(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 Pharmacies; 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
4-41a-1102
(3)(a)(ii) to the controlled substance database;
(i) provides access to state or local law enforcement[
:
] 
only to verify the validity of an
individual's medical cannabis card for the administration of criminal justice and through a
database used by law enforcement; and
[
(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) 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) 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 
26B-4-222
; 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 part authorizes is guilty of a third
degree felony.
]
(9) (a) Except as provided in [
Subsection
] 
Subsections
(9)(c) and
 (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) A law enforcement officer who uses the database used by law enforcement to
access information in the electronic verification system for a reason that is not the
administration of criminal justice is guilty of a class B misdemeanor.
[
(c)
] 
(d)
 The department shall determine a civil violation of this Subsection (9) in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
[
(d)
] 
(e)
 Civil penalties assessed under this Subsection (9) shall be deposited into the
General Fund.
[
(e)
] 
(f)
 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 16. Section 
26B-4-204
 is amended to read:
26B-4-204.
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) 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) the individual or the individual's employee sends electronically to a medical
cannabis pharmacy; or
(B) 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
26B-4-213
(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 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 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) The department may, in consultation with the Division of Professional Licensing,
develop continuing education related to medical cannabis.
(c) The continuing education described in this Subsection (3) may discuss:
(i) the provisions of this part;
(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
] 
medical cannabis
 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 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 part 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), a person may not advertise that the
person or the person's employee recommends a medical cannabis treatment.
(b) Notwithstanding Subsection (6)(a) and Section 
4-41a-109
, a qualified medical
provider [
or clinic or
]
, medical clinic, or medical
 office that employs a qualified medical
provider may advertise 
only
 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[
.
]
; or
(vi) contact information.
(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
:
(a)
 receive any compensation or benefit for the qualified medical provider's medical
cannabis treatment recommendation from:
[
(a)
] 
(i)
 a cannabis production establishment or an owner, officer, director, board
member, employee, or agent of a cannabis production establishment;
[
(b)
] 
(ii)
 a medical cannabis pharmacy or an owner, officer, director, board member,
employee, or agent of a medical cannabis pharmacy; or
[
(c)
] 
(iii)
 a recommending medical provider or pharmacy medical provider[
.
]
; or
(b) provide a medical cannabis recommendation at a medical clinic or medical office
that is violating the advertising limitations described in Subsection (6).
(10) (a) On or before November 1[
, 2021,
] 
each year,
 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) 
(A) for cash payment without insurance,
 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.
]
; and
(B) whether the qualified medical provider or the entity that employs the qualified
medical provider bills insurance.
(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)
(A)
; 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 17. Section 
26B-4-207
 is amended to read:
26B-4-207.
Nondiscrimination for medical care or government employment --
Notice to prospective and current public employees -- No effect on private employers.
(1) For purposes of medical care, including an organ or tissue transplant, a patient's
use, in accordance with this part, of cannabis in a medicinal dosage form or a cannabis product
in a medicinal dosage form:
(a) is considered the equivalent of the authorized use of any other medication used at
the discretion of a physician; and
(b) does not constitute the use of an illicit substance or otherwise disqualify an
individual from needed medical care.
(2) For a violation of Section 
34A-5-114
, the Legislature may withhold future state
appropriations from a state agency or political subdivision.
[
(2) (a) Notwithstanding any other provision of law and except as provided in
Subsection (2)(b), the state or any political subdivision shall treat:
]
[
(i) an employee's use of medical cannabis in accordance with this part or Section
58-37-3.7
 in the same way the state or political subdivision treats employee use of any
prescribed controlled substance; and
]
[
(ii) an employee's status as a medical cannabis cardholder or an employee's medical
cannabis recommendation from a qualified medical provider or limited provider in the same
way the state or political subdivision treats an employee's prescriptions for any prescribed
controlled substance.
]
[
(b) A state or political subdivision employee who has a valid medical cannabis card is
not subject to retaliatory action, as that term is defined in Section 
67-19a-101
, for failing a drug
test due to marijuana or tetrahydrocannabinol without evidence that the employee was impaired
or otherwise adversely affected in the employee's job performance due to the use of medical
cannabis.
]
[
(c) Subsections (2)(a) and (b) do not apply:
]
[
(i) where the application of Subsection (2)(a) or (b) would jeopardize federal funding,
a federal security clearance, or any other federal background determination required for the
employee's position;
]
[
(ii) if the employee's position is dependent on a license or peace officer certification
that is subject to federal regulations, including 18 U.S.C. Sec. 922(g)(3); or
]
[
(iii) if an employee described in Subsections 
34A-2-102
(1)(h)(ii) through (vi) uses
medical cannabis during the 12 hours immediately preceding the employee's shift or during the
employee's shift.
]
(3) (a) (i) A state employer or a political subdivision employer shall take the action
described in Subsection (3)(a)(ii) before:
(A) giving to a current employee an assignment or duty that arises from or directly
relates to an obligation under this part; or
(B) hiring a prospective employee whose assignments or duties would include an
assignment or duty that arises from or directly relates to an obligation under this part.
(ii) The employer described in Subsection (3)(a)(i) shall give the employee or
prospective employee described in Subsection (3)(a)(i) a written notice that notifies the
employee or prospective employee:
(A) that the employee's or prospective employee's job duties may require the employee
or prospective employee to engage in conduct which is in violation of the criminal laws of the
United States; and
(B) that in accepting a job or undertaking a duty described in Subsection (3)(a)(i),
although the employee or prospective employee is entitled to the protections of Title 67,
Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to
carry out an assignment or duty that may be a violation of the criminal laws of the United
States with respect to the manufacture, sale, or distribution of cannabis.
(b) The Division of Human Resource Management shall create, revise, and publish the
form of the notice described in Subsection (3)(a).
(c) Notwithstanding Subsection 
67-21-3
(3), an employee who has signed the notice
described in Subsection (3)(a) may not:
(i) claim in good faith that the employee's actions violate or potentially violate the laws
of the United States with respect to the manufacture, sale, or distribution of cannabis; or
(ii) refuse to carry out a directive that the employee reasonably believes violates the
criminal laws of the United States with respect to the manufacture, sale, or distribution of
cannabis.
(d) An employer may not take retaliatory action as defined in Section 
67-19a-101
against a current employee who refuses to sign the notice described in Subsection (3)(a).
(4) Nothing in this section requires a private employer to accommodate the use of
medical cannabis or affects the ability of a private employer to have policies restricting the use
of medical cannabis by applicants or employees.
Section 18. Section 
26B-4-213
 is amended to read:
26B-4-213.
Medical cannabis patient card -- Medical cannabis guardian card --
Conditional medical cannabis card -- Application -- Fees -- Studies.
(1) (a) Subject to Section 
26B-4-246
, within 15 days after the day on which an
individual who satisfies the eligibility criteria in this section or Section 
26B-4-214
 submits an
application in accordance with this section or Section 
26B-4-214
, 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
26B-4-214
(4).
(b) (i) 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 
4-41a-1101
(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 
26B-1-421
, 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
26B-1-310
(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
]
recommending
 medical provider recommends a medical cannabis treatment, the individual
petitions the Compassionate Use Board under Section 
26B-1-421
, 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 
26B-1-310
(5),
the department sets in accordance with Section 
63J-1-504
, plus the cost of the criminal
background check described in Section 
26B-4-215
.
(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
] 
recommending
 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 
26B-1-421
, 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 
26B-4-214
.
(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) 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
26B-4-214
(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 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 
26B-4-204
(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 
26B-2-201
, or a
nursing care facility, as defined in Section 
26B-2-201
;
(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 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 a visit with the patient; and
(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.
(b) (i) A medical cannabis card that the department issues in relation to a terminal
illness described in Section 
26B-4-203
 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 
26B-4-203
 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 
26B-4-203
 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 
26B-1-421
.
(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 
26B-1-310
(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 part 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
part 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
] 
medical cannabis 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,
] 
medical cannabis
 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) violates this part; or
(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 
26B-4-203
(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 
26B-4-201
, 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 19. Section 
26B-4-245
 is amended to read:
26B-4-245.
Purchasing and use limitations -- Exception.
(1)
 An individual with a medical cannabis card:
[
(1)
] 
(a)
 may purchase, in any one 28-day period, up to the legal dosage limit of:
[
(a)
] 
(i)
 unprocessed cannabis in a medicinal dosage form; and
[
(b)
] 
(ii)
 a cannabis product in a medicinal dosage form;
[
(2)
] 
(b)
 may not purchase:
[
(a)
] 
(i) except as provided in Subsection (2),
 more medical cannabis than described in
Subsection (1)(a); or
[
(b)
] 
(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 
26B-4-231
(4), any medical cannabis; and
[
(3)
] 
(c)
 may not use a route of administration that the relevant recommending medical
provider or the pharmacy medical provider, in accordance with Subsection 
26B-4-231
(4), has
not recommended.
(2) (a) A qualified medical provider may petition the department to waive the 28-day
period limit described in Subsection (1)(a) for a medical cannabis cardholder if the medical
cannabis cardholder:
(i) has been diagnosed with a terminal illness;
(ii) has a life expectancy of six months or less; and
(iii) needs the waiver for palliative purposes.
(b) The department shall:
(i) consult with the Compassionate Use Board to determine whether the waiver should
be granted;
(ii) issue a response to the petition within 10 days from the day on which the petition is
received.
(c) The department may waive the 28-day period limit for no more than 180 days.
(d) A petition described in this Subsection (2) may be combined with the petition
described in Subsection 
26B-1-421
(6).
Section 20. Section 
34A-5-114
 is enacted to read:
 34A-5-114.
Nondiscrimination for medical cannabis use while employed by the
government.
(1) As used in this section:
(a) "Adverse employment action" means any of the following in regards to an
employee:
(i) dismissal from employment;
(ii) suspension from employment;
(iii) reduction in compensation;
(iv) failing to increase compensation by an amount that the employee is otherwise
entitled to or was promised;
(v) failure to promote an employee if the employee would have otherwise been
promoted; or
(vi) threaten to take an action described in Subsections (1)(a)(i) through (v).
(b) "Medical cannabis" means the same as that term is defined in Section 
26B-4-201
.
(c) "Medical cannabis cardholder" means the same as that term is defined in Section
26B-4-201
.
(2) Notwithstanding any other provision of law and except as provided in Subsection
(4), the state or any political subdivision shall treat:
(a) an employee's use of medical cannabis in accordance with Title 26B, Chapter 4,
Part 2, Cannabinoid Research and Medical Cannabis, or Section 
58-37-3.7
 in the same way the
state or political subdivision treats employee use of any prescribed controlled substance; and
(b) an employee's status as a medical cannabis cardholder or an employee's medical
cannabis recommendation in the same manner the state or political subdivision treats an
employee's prescriptions for any prescribed controlled substance.
(3) A state or political subdivision employee who has a valid medical cannabis card is
not subject to an adverse employment action for failing a drug test due to marijuana or
tetrahydrocannabinol without evidence that the employee was impaired or otherwise adversely
affected in the employee's job performance due to the use of medical cannabis.
(4) Subsections (2) and (3) do not apply:
(a) where the application of Subsection (2) or (3) would jeopardize federal funding, a
federal security clearance, or any other federal background determination required for the
employee's position;
(b) if the employee's position is dependent on a license or peace officer certification
that is subject to federal regulations, including 18 U.S.C. Sec. 922(g)(3); or
(c) if an employee described in Subsections 
34A-2-102
(1)(h)(ii) through (vi) uses
medical cannabis during the 12 hours immediately preceding the employee's shift or during the
employee's shift.
(5) An employee described in this section:
(a) may file a complaint in accordance with Section 
34A-5-107
 with the commission;
and
(b) is entitled to any remedies under this chapter for an employer's violation of
Subsection (2) or (3).
(6) Nothing in this section requires a private employer to accommodate the use of
medical cannabis or affects the ability of a private employer to have policies restricting the use
of medical cannabis by applicants or employees.
Section 21. Section 
63I-2-236
 is amended to read:
63I-2-236.
Repeal dates: Title 36.
(1) Section 
36-12-8.2
 is repealed July 1, [
] 
.
(2) Section 
36-29-107.5
 is repealed on November 30, 2024.
(3) Section 
36-29-109
 is repealed on November 30, 2027.
(4) Section 
36-29-110
 is repealed on November 30, 2024.
(5) Section 
36-29-111
 is repealed July 1, 2025.
(6) The following sections regarding the State Flag Task Force are repealed on January
1, 2024:
(a) Section 
36-29-201
;
(b) Section 
36-29-202
; and
(c) Section 
36-29-203
.
(7) Title 36, Chapter 29, Part 3, Mental Illness Psychotherapy Drug Task Force, is
repealed December 31, 2023.
Section 22. 
Effective date.
This bill takes effect on May 1, 2024.