Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 203 (2025GS)

Sponsor

Rep. Dailey-Provost, Jennifer

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• allows for additional medical cannabis pharmacies;
• creates a new medical cannabis pharmacy license for independent medical cannabis pharmacies;
• creates ownership restrictions for independent medical cannabis pharmacies;
• adjusts fees for certain medical cannabis pharmacy licenses;
• amends provisions regarding cannabis production and sanitation;
• modifies provisions related to enforcement and appeals;
• amends provisions related to closed-door medical cannabis pharmacies;
• allows a cannabis processing facility to have a website that includes product information;
• limits the number of licenses that the Department of Agriculture and Food (department) may issue for cannabis processing facilities;
• amends provisions regarding when the department may seize products and test products;
• amends provisions related to information a medical cannabis pharmacy must have available to a patient purchasing medical cannabis;
• creates a reporting requirement for the department;

Every vote on this bill

Bill text

90
4-41a-102
4-41a-109
4-41a-110
4-41a-205
4-41a-403
4-41a-604
4-41a-701
4-41a-801
4-41a-801.1
4-41a-802
4-41a-1003
4-41a-1005
4-41a-1006
4-41a-1101
4-41a-1104
4-41a-1201
4-41a-1202
4-41a-1203
13-1-19
26B-1-310
26B-1-435
26B-4-201
26B-4-202
26B-4-214
26B-4-222
26B-4-236
26B-4-243
26B-4-247
26B-4-248
63I-2-204
63I-2-226
63I-2-236
Cannabis Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions related to medical cannabis.
Highlighted Provisions:
This bill:
defines terms;
allows for additional medical cannabis pharmacies;
creates a new medical cannabis pharmacy license for independent medical cannabis 
pharmacies;
creates ownership restrictions for independent medical cannabis pharmacies;
merges advertising sections;
allows a cannabis processing facility to have a website that includes product information;
limits the number of licenses that the Department of Agriculture and Food (department) 
may issue for cannabis processing facilities;
amends provisions regarding when the department may seize products and test products;
amends provisions related to information a medical cannabis pharmacy must have 
available to a patient purchasing medical cannabis;
requires the department to provide a website displaying certificates of analysis;
creates a reporting requirement for the department;
repeals sections related to the state central patient portal;
creates a medical cannabis ombudsman;
creates a cannabis product transparency website;
moves the repeal of the Cannabis Research Review Board earlier one year;
extends the repeal date for the Medical Cannabis Governance Structure Working Group; 
and
makes technical and conforming changes.
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 2024, Chapters 217, 238 and 240
4-41a-110
, as enacted by Laws of Utah 2023, Chapter 273
4-41a-205
, as last amended by Laws of Utah 2020, Chapter 12
4-41a-701
, as last amended by Laws of Utah 2023, Chapters 313, 317
4-41a-801
, as renumbered and amended by Laws of Utah 2018, Third Special Session, 
Chapter 1
4-41a-801.1
, 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-802
, as last amended by Laws of Utah 2024, Chapter 217
4-41a-1003
, as last amended by Laws of Utah 2023, Chapter 435 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 last amended by Laws of Utah 2024, Chapter 217
4-41a-1101
, as last amended by Laws of Utah 2024, Chapter 217
4-41a-1201
, as enacted by Laws of Utah 2023, Chapter 273
4-41a-1202
, as last amended by Laws of Utah 2024, Chapters 217, 240
4-41a-1203
, as renumbered and amended by Laws of Utah 2023, Chapters 273, 307 and 
last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
26B-1-310
, as last amended by Laws of Utah 2023, Chapters 273, 281 and renumbered 
and amended by Laws of Utah 2023, Chapter 305 and last amended by Coordination Clause, 
Laws of Utah 2023, Chapter 305
26B-1-435
, as last amended by Laws of Utah 2024, Chapters 238, 240
26B-4-201
, as last amended by Laws of Utah 2024, Chapters 217, 240
26B-4-202
, as last amended by Laws of Utah 2024, Chapters 217, 240
26B-4-214
, as last amended by Laws of Utah 2024, Chapter 240
26B-4-222
, as last amended by Laws of Utah 2024, Chapter 240
26B-4-243
, as enacted by Laws of Utah 2023, Chapter 281
26B-4-247
, as enacted by Laws of Utah 2023, Chapter 273
63I-2-204
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63I-2-226
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63I-2-236
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
ENACTS:
4-41a-1006
, Utah Code Annotated 1953
13-1-19
, Utah Code Annotated 1953
26B-4-248
, Utah Code Annotated 1953
REPEALS AND REENACTS:
4-41a-109
, 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
REPEALS:
4-41a-403
, as last amended by Laws of Utah 2023, Chapter 327
4-41a-604
, as enacted by Laws of Utah 2024, Chapter 217
4-41a-1104
, 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-4-236
, 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
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)
"Advertise" or "advertising" means information provided by a person 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)
"Advisory board" means the Medical Cannabis Policy Advisory Board created in 
Section 
26B-1-435
.
(4)
(a)
"Anticompetitive business practice" means any practice that reduces the amount 
of competition in the medical cannabis market that would be considered an attempt to 
monopolize, as defined in Section 
76-10-3103
.
(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;
(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; or
(iii)
other conduct outlined in rule.
(5)
(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.
(6)
"Batch" means a quantity of:
(a)
cannabis extract produced on a particular date and time, produced between 
completion of equipment and facility sanitation protocols until the next required 
sanitation cycle during which lots of cannabis are used;
(b)
cannabis product produced on a particular date and time, produced between 
completion of equipment and facility sanitation protocols until the next required 
sanitation cycle during which cannabis extract is used; or
(c)
cannabis flower packaged on a particular date and time, produced between 
completion of equipment and facility sanitation protocols until the next required 
sanitation cycle during which lots of cannabis are being used.
(6)
(7)
"Cannabis Research Review Board" means the Cannabis Research Review Board 
created in Section 
26B-1-420
.
(7)
(8)
"Cannabis" means the same as that term is defined in Section 
26B-4-201
.
(8)
(9)
"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.
(9)
(10)
"Cannabis cultivation byproduct" means any portion of a cannabis plant that is not 
intended to be sold as a cannabis plant product.
(10)
(11)
"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.
(11)
(12)
"Cannabis cultivation facility agent" means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis 
cultivation facility designation.
(12)
(13)
"Cannabis derivative product" means a product made using cannabis concentrate.
(13)
(14)
"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.
(14)
(15)
"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.
(15)
(16)
"Cannabis processing facility agent" means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis 
processing facility designation.
(16)
(17)
"Cannabis product" means the same as that term is defined in Section 
26B-4-201
.
(17)
(18)
"Cannabis production establishment" means a cannabis cultivation facility, a 
cannabis processing facility, or an independent cannabis testing laboratory.
(18)
(19)
"Cannabis production establishment agent" means a cannabis cultivation facility 
agent, a cannabis processing facility agent, or an independent cannabis testing laboratory 
agent.
(19)
(20)
"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.
(20)
(21)
"Closed-door medical cannabis pharmacy" means a facility operated by a home 
delivery medical cannabis pharmacy for delivering 
cannabis or a medical cannabis 
product
medical cannabis
.
(21)
(22)
"Community location" means a public or private elementary or secondary school, 
a church, a public library, a public playground, or a public park.
(22)
(23)
"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.
(23)
(24)
"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:
(A)
is the medical cannabis cardholder's workplace; and
(B)
is not a community location; or
(b)
for a medical cannabis cardholder that is a facility, the facility's address.
(24)
(25)
"Department" means the Department of Agriculture and Food.
(25)
(26)
"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.
(26)
(27)
"Government issued photo identification" means the same as that term is defined 
in Section 
26B-4-201
, including expired identification in accordance with Section 
26B-4-244
.
(27)
(28)
"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
.
(28)
(29)
(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).
(29)
(30)
"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.
(30)
(31)
"Inventory control system" means a system described in Section 
4-41a-103
.
(31)
(32)
"Licensing board" or "board" means the Cannabis Production Establishment and 
Pharmacy Licensing Advisory Board created in Section 
4-41a-201.1
.
(32)
(33)
"Medical cannabis" 
or "medical cannabis product" 
means the same as that term is 
defined in Section 
26B-4-201
.
(33)
(34)
"Medical cannabis card" means the same as that term is defined in Section 
26B-4-201
.
(34)
(35)
"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
.
(35)
(36)
"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.
(37)
"Medical cannabis ombudsman" means the ombudsman created in Section 
13-1-9
.
(36)
(38)
"Medical cannabis pharmacy" means the same as that term is defined in Section 
26B-4-201
.
(37)
(39)
"Medical cannabis pharmacy agent" means the same as that term is defined in 
Section 
26B-4-201
.
(38)
(40)
"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.
(39)
(41)
"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
.
(40)
(42)
"Medical cannabis shipment" means a shipment of medical cannabis 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
.
(41)
(43)
"Medical cannabis treatment" means the same as that term is defined in Section 
26B-4-201
.
(42)
(44)
"Medicinal dosage form" means the same as that term is defined in Section 
26B-4-201
.
(45)
"Patient product information insert" means the same as that term is defined in Section 
26B-4-201
.
(43)
(46)
"Pharmacy ownership limit" means an amount equal to 30% of the total number 
of medical cannabis pharmacy licenses issued by the department rounded down to the 
nearest whole number.
(44)
(47)
"Pharmacy medical provider" means the same as that term is defined in Section 
26B-4-201
.
(45)
(48)
"Qualified medical provider" means the same as that term is defined in Section 
26B-4-201
.
(46)
(49)
"Qualified Production Enterprise Fund" means the fund created in Section 
4-41a-104
.
(47)
(50)
"Recommending medical provider" means the same as that term is defined in 
Section 
26B-4-201
.
(48)
(51)
"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
.
(49)
(52)
"State electronic verification system" means the system described in Section 
26B-4-202
.
(50)
(53)
"Targeted marketing" means the promotion of 
a cannabis product
medical 
cannabis
, 
a 
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.
(51)
(54)
"Tetrahydrocannabinol" or "THC" means the same as that term is defined in 
Section 
4-41-102
.
(52)
(55)
"THC analog" means the same as that term is defined in Section 
4-41-102
.
(53)
(56)
"Total composite tetrahydrocannabinol" means all detectable forms of 
tetrahydrocannabinol.
(54)
(57)
"Total tetrahydrocannabinol" or "total THC" means the same as that term is 
defined in Section 
4-41-102
.
Section 2, Section 
4-41a-109
 is repealed and re-enacted to read:
4-41a-109. Advertising.
(1)
Except as provided in this section and Section 
26B-4-204
:
(a)
a person may not advertise:
(i)
regarding the recommendation, sale, dispensing, or transportation of medical 
cannabis;
(ii)
a promotional discount or incentive related to medical cannabis;
(iii)
a particular medical cannabis product, medical cannabis device, medical 
cannabis brand, or medicinal dosage form;
(iv)
an assurance of a medical outcome related to a medical cannabis treatment; or
(v)
regarding a medical cannabis pharmacy or the dispensing of medical cannabis 
within the state; and
(b)
a cannabis production establishment may not advertise to the general public in any 
medium.
(2)
(a)
A nonprofit organization that offers financial assistance for medical cannabis 
treatment to low-income patients may advertise the organization's assistance if the 
advertisement does not relate to a specific:
(i)
medical cannabis pharmacy;
(ii)
medical cannabis product;
(iii)
medical cannabis courier; or
(iv)
cannabis production facility.
(b)
A medical cannabis pharmacy may provide information regarding subsidies for the 
cost of medical cannabis treatment to patients who affirmatively accept receipt of the 
subsidy information.
(3)
A medical cannabis pharmacy may:
(a)
advertise an employment opportunity at the medical cannabis pharmacy;
(b)
notwithstanding any municipal or county ordinance prohibiting signage, use signage 
on the outside of the medical cannabis pharmacy that:
(i)
includes only:
(A)
in accordance with Subsection (7), the medical cannabis pharmacy's name, 
logo, and hours of operation; and
(B)
a green cross; and
(ii)
complies with local ordinances regulating signage;
(c)
advertise in any medium:
(i)
the pharmacy's name and logo;
(ii)
the location and hours of operation of the medical cannabis pharmacy;
(iii)
a service available at the medical cannabis pharmacy;
(iv)
personnel affiliated with the medical cannabis pharmacy;
(v)
whether the medical cannabis pharmacy is licensed as a home delivery medical 
cannabis pharmacy;
(vi)
best practices that the medical cannabis pharmacy upholds; and
(vii)
educational material related to the medical use of cannabis, as defined by the 
department;
(d)
hold an educational event for the public or medical providers in accordance with 
Subsection (6) and rules made under Subsection (8);
(e)
maintain on the medical cannabis pharmacy's website non-promotional information 
regarding the medical cannabis pharmacy's inventory; or
(f)
engage in targeted marketing, as determined by the department through rule, for 
advertising a particular medical cannabis product, medical cannabis device, or 
medical cannabis brand.
(4)
A licensed home delivery medical cannabis pharmacy or a licensed medical cannabis 
courier may advertise:
(a)
a green cross;
(b)
the pharmacy's or courier's name and logo; and
(c)
that the pharmacy or courier is licensed to transport medical cannabis shipments.
(5)
(a)
A cannabis production establishment may:
(i)
advertise an employment opportunity at the cannabis production establishment;
(ii)
maintain a website that:
(A)
contains information about the establishment and employees; and
(B)
except as provided in Subsection 
(5)(b)
, does not advertise any medical 
cannabis product or medical cannabis device;
(iii)
notwithstanding any municipal or county ordinance prohibiting signage, use 
signage on the outside of the cannabis production establishment that:
(A)
includes only:
(I)
in accordance with Subsection (7), the cannabis production establishment's 
name, logo, and hours of operation; and
(II)
a green cross; and
(B)
complies with local ordinances regulating signage; and
(iv)
hold an educational event for the public or medical providers in accordance with 
Subsection (6) and rules made under Subsection (8).
(b)
A cannabis processing facility may:
(i)
maintain a website that contains information regarding:
(A)
medical cannabis produced by the cannabis processing facility; and
(B)
where medical cannabis produced by the cannabis processing facility may be 
purchased in the state; and
(ii)
engage in targeted marketing, as determined by the department through rule, for 
advertising a particular medical cannabis product, medical cannabis device, or 
medical cannabis brand.
(6)
A medical cannabis pharmacy or cannabis production establishment may not include in 
an educational event:
(a)
any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2, Cannabinoid 
Research and Medical Cannabis;
(b)
any gift items or merchandise other than educational materials, as those terms are 
defined by the department;
(c)
any marketing for a specific product from the establishment or any other statement, 
claim, or information that would violate the Federal Food, Drug, and Cosmetic Act, 
21 U.S.C. Sec. 301, et seq.; or
(d)
a presenter other than:
(i)
for a cannabis production establishment, a cannabis production establishment 
agent;
(ii)
a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(iii)
an advanced practice registered nurse licensed under Title 58, Chapter 31b, 
Nurse Practice Act;
(iv)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or 
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(v)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician 
Assistant Act;
(vi)
a medical practitioner, similar to a practitioner described in Subsections (6)(d)(ii) 
through (v), who is licensed in another state or country;
(vii)
a state employee; or
(viii)
if the presentation relates to a cannabis topic other than medical treatment or 
medical conditions, an individual whom the department approves based on the 
individual's background and credentials in the presented topic.
(7)
To ensure that the name and logo of a medical cannabis pharmacy or cannabis 
production establishment have a medical rather than a recreational disposition, the name 
and logo:
(a)
may include terms and images associated with:
(i)
a medical disposition, including "medical," "medicinal," "medicine," "pharmacy," 
"apothecary," "wellness," "therapeutic," "health," "care," "cannabis," "clinic," 
"compassionate," "relief," "treatment," and "patient"; or
(ii)
the plant form of cannabis, including "leaf," "flower," and "bloom"; and
(b)
may not include:
(i)
any term, statement, design representation, picture, or illustration that is associated 
with a recreational disposition or that appeals to children;
(ii)
an emphasis on a psychoactive ingredient;
(iii)
a specific cannabis strain; or
(iv)
terms related to recreational marijuana, including "weed," "pot," "reefer," 
"grass," "hash," "ganja," "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."
(8)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act:
(a)
to define standards for advertising authorized under this section, including names and 
logos in accordance with Subsection (7), to ensure a medical rather than recreational 
disposition;
(b)
to define educational material described in Subsection (3)(c)(vii);
(c)
regarding an educational event as described in Subsection (6), including:
(i)
a minimum age of 21 years old for attendees; and
(ii)
an exception to the minimum age for a medical cannabis patient cardholder who 
is at least 18 years old; and
(d)
regarding targeted marketing as described in Subsections (3)(f) and (5)(b)(ii).
Section 3, Section 
4-41a-110
 is amended to read:
4-41a-110. Department coordination.
(1)
The department shall:
(1)
(a)
provide draft rules made under this chapter to
:
(i)
the advisory board for the advisory board's review;
 and
(ii)
the medical cannabis ombudsman;
(2)
(b)
consult with the advisory board before issuing an additional:
(a)
(i)
cultivation facility license under Section 
4-41a-205
; or
(b)
(ii)
pharmacy license under Section 
4-41a-1005
;
(3)
(c)
consult with the advisory board regarding fees set by the department that pertain 
to the medical cannabis program; and
(4)
(d)
when appropriate, consult with the advisory board regarding issues that arise in 
the medical cannabis program.
(2)
The department may not file a rule under Title 63G, Chapter 3, Administrative 
Rulemaking Act, unless the medical cannabis ombudsman agrees the rule should be 
filed.
Section 4, Section 
4-41a-205
 is amended to read:
4-41a-205. Number of licenses -- Cannabis cultivation facilities -- Cannabis 
processing facilities.
(1)
Except as provided in Subsection 
(2)(a)
, the department shall issue at least five but not 
more than eight licenses to operate a cannabis cultivation facility.
(2)
(a)
The department may issue a number of licenses to operate a cannabis cultivation 
facility that, in addition to the licenses described in Subsection 
(1)
, does not cause the 
total number of licenses to exceed 15 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.
(b)
If the recipient of one of the initial licenses described in Subsection 
(1)
 ceases 
operations for any reason or otherwise abandons the license, the department may but 
is not required to grant the vacant license to another applicant based on an analysis as 
described in Subsection 
(2)(a)
.
(3)
If there are more qualified applicants than the number of available licenses for cannabis 
cultivation facilities under Subsections 
(1)
 and 
(2)
, the department shall evaluate the 
applicants and award the limited number of licenses described in Subsections 
(1)
 and 
(2)
to the applicants that best demonstrate:
(a)
experience with establishing and successfully operating a business that involves:
(i)
complying with a regulatory environment;
(ii)
tracking inventory; and
(iii)
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; and
(d)
the extent to which the applicant can increase efficiency and reduce the cost to 
patients of medical cannabis.
(4)
The department may conduct a face-to-face interview with an applicant for a license that 
the department evaluates under Subsection 
(3)
.
(5)
The licensing board may not issue more than 18 cannabis processing facility licenses.
Section 5, Section 
4-41a-701
 is amended to read:
4-41a-701. Cannabis and cannabis product testing.
(1)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
department may make rules to:
(a)
determine required adulterant tests for a cannabis plant product, cannabis 
concentrate, or cannabis product;
(b)
determine the amount of any adulterant that is safe for human consumption;
(c)
immediately ban or limit the presence of any ingredient in a medical cannabis 
product after receiving a recommendation to do so from a public health authority 
under Section 
26B-1-102
; 
(d)
establish protocols for a recall of 
cannabis or a cannabis product
medical cannabis
by a cannabis production establishment; or
(e)
allow the propagation of testing results forward to derived product if the processing 
steps the cannabis production establishment uses to produce the product are unlikely 
to change the results of the test.
(2)
(a)
The department may require testing for a toxin if:
(a)
(i)
the department receives information indicating the potential presence of a 
toxin; or
(b)
(ii)
the department's inspector has reason to believe a toxin may be present based 
on the inspection of a facility.
(b)
The department may not require a cannabis processor to test a cannabis batch or a 
cannabis product batch a third time if the cannabis batch or cannabis product has 
previously met all testing requirements after being tested by:
(i)
 the independent cannabis test laboratory; and
(ii)
the department.
(3)
(a)
A cannabis production establishment may not:
(i)
incorporate cannabis concentrate into a cannabis derivative product until an 
independent cannabis testing laboratory tests the cannabis concentrate in 
accordance with department rule; or
(ii)
transfer cannabis or a cannabis product to a medical cannabis pharmacy until an 
independent cannabis testing laboratory tests a representative sample of the 
cannabis or cannabis product in accordance with department rule.
(b)
A medical cannabis pharmacy may not offer any cannabis or cannabis product for 
sale unless an independent cannabis testing laboratory has tested a representative 
sample of the cannabis or cannabis product in accordance with department rule.
(4)
Before the sale of a 
medical 
cannabis product, an independent cannabis testing 
laboratory shall:
(a)
identify and quantify any cannabinoid known to be present in 
a
the medical
cannabis product; and
(b)
test terpene profiles for the following products:
(i)
raw cannabis; or
(ii)
a cannabis product:
(A)
contained in a vaporizer cartridge; or
(B)
in concentrate form; and
(c)
record the five highest terpene profiles tested under Subsection 
(4)(b)
.
(5)
The department shall establish by rule, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, the standards, methods, practices, and procedures for 
the testing of cannabis and cannabis products by independent cannabis testing 
laboratories.
(6)
The department may require an independent cannabis testing laboratory to participate in 
a proficiency evaluation that the department conducts or that an organization that the 
department approves conducts.
(7)
Before January 1, 2026, the department shall create a website that allows the public to 
view a medical cannabis product's certificate of analysis.
Section 6, Section 
4-41a-801
 is amended to read:
4-41a-801. Enforcement -- Fine -- Citation.
(1)
If a person that is a cannabis production establishment or a cannabis production 
establishment agent violates this chapter, the department may:
(a)
revoke the person's license or cannabis production establishment agent registration 
card;
(b)
decline to renew the person's license or cannabis production establishment agent 
registration card; or
(c)
assess the person an administrative penalty that the department establishes by rule in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(2)
The department shall deposit an administrative penalty imposed under this section into 
the General Fund.
(3)
(a)
The department may take an action described in Subsection 
(3)(b)
 if the 
department concludes, upon investigation, that
, for a person that is
 a cannabis 
production establishment or a cannabis production establishment agent
:
(i)
the person
 has violated the provisions of this chapter, a rule made under this 
chapter, or an order issued under this chapter
; or
.
(ii)
the person produced cannabis or a cannabis product batch that contains a 
substance, other than cannabis, that poses a significant threat to human health.
(b)
If the department makes the determination about a person described in Subsection 
(3)(a)
, the department shall:
(i)
issue the person a written administrative citation;
(ii)
attempt to negotiate a stipulated settlement;
(iii)
seize, embargo, or destroy the cannabis or cannabis product batch;
(iv)
(iii)
order the person to cease and desist from the action that creates a violation; 
and
(v)
(iv)
direct the person to appear before an adjudicative proceeding conducted 
under 
Title 63G, Chapter 4, Administrative Procedures Act
.
(c)
If the department concludes, upon investigation, that a cannabis production 
establishment or a cannabis production establishment agent has produced a cannabis 
batch or a cannabis product batch that contains a substance that poses a significant 
threat to human health, the department shall seize, embargo, or destroy the cannabis 
batch or cannabis product batch.
(4)
(a)
The department may, for a person subject to an uncontested citation, a stipulated 
settlement, or a finding of a violation in an adjudicative proceeding under this 
section, for a fine amount not already specified in law, assess the person, who is not 
an individual, a fine of up to $5,000 per violation, in accordance with a fine schedule 
that the department establishes by rule in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
.
(b)
The department may not issue a fine described in Subsection (4)(a) or other 
monetary administrative penalty under this chapter unless the department determines 
that the conduct justifying the fine undermines public health or violates a statutory 
provision.
(5)
The department may not revoke a cannabis production establishment's license without 
first directing the cannabis production establishment to appear before an adjudicative 
proceeding conducted under 
Title 63G, Chapter 4, Administrative Procedures Act
.
(6)
If within 
20
30
 calendar days after the day on which a department serves a citation for 
a violation of this chapter, the person that is the subject of the citation fails to request a 
hearing to contest the citation, the citation becomes the department's final order.
(7)
The department may, for a person who fails to comply with a citation under this section:
(a)
refuse to issue or renew the person's license or cannabis production establishment 
agent registration card; or
(b)
suspend, revoke, or place on probation the person's license or cannabis production 
establishment registration card.
(8)
(a)
Except where a criminal penalty is expressly provided for a specific violation of 
this chapter, if an individual:
(i)
violates a provision of this chapter, the individual is:
(A)
guilty of an infraction; and
(B)
subject to a $100 fine; or
(ii)
intentionally or knowingly violates a provision of this chapter or violates this 
chapter three or more times, the individual is:
(A)
guilty of a class B misdemeanor; and
(B)
subject to a $1,000 fine.
(b)
An individual who is guilty of a violation described in Subsection 
(8)(a)
 is not guilty 
of a violation of 
Title 58, Chapter 37, Utah Controlled Substances Act
, for the 
conduct underlying the violation described in Subsection 
(8)(a)
.
(9)
Nothing in this section prohibits the department from referring potential criminal 
activity to law enforcement.
(10)
An appeal of a fine or monetary administrative penalty under this section shall be 
conducted as a formal proceeding with an administrative law judge in accordance with 
Title 63G, Chapter 4, Administrative Procedures Act.
Section 7, Section 
4-41a-801.1
 is amended to read:
4-41a-801.1. Enforcement for medical cannabis pharmacies and couriers -- Fine 
-- Citation.
(1)
(a)
The department may, for a medical cannabis pharmacy's or a medical cannabis 
courier's violation of this chapter or an applicable administrative rule:
(i)
revoke the medical cannabis pharmacy or medical cannabis courier license;
(ii)
refuse to renew the medical cannabis pharmacy or medical cannabis courier 
license; or
(iii)
assess the medical cannabis pharmacy or medical cannabis courier an 
administrative penalty.
(b)
The department may, for a medical cannabis pharmacy agent's or medical cannabis 
courier agent's violation of this chapter:
(i)
revoke the medical cannabis pharmacy agent or medical cannabis courier agent 
registration card;
(ii)
refuse to renew the medical cannabis pharmacy agent or medical cannabis courier 
agent registration card; or
(iii)
assess the medical cannabis pharmacy agent or medical cannabis courier agent an 
administrative penalty.
(2)
The department shall deposit an administrative penalty imposed under this section into 
the General Fund.
(3)
(a)
For a person subject to an uncontested citation, a stipulated settlement, or a 
finding of a violation in an adjudicative proceeding under this section, the department 
may:
(a)
(i)
for a fine amount not already specified in law, assess the person a fine of up 
to $5,000 per violation, in accordance with a fine schedule that the department 
establishes by rule in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
; or
(b)
(ii)
order the person to cease and desist from the action that creates a violation.
(b)
The department may not issue a fine described in Subsection (3)(a)(i) or other 
monetary administrative penalty under this chapter unless the department determines 
that the conduct justifying the fine undermines public health or violates a statutory 
provision.
(4)
The department may not revoke a medical cannabis pharmacy's license or a medical 
cannabis courier's license without first directing the medical cannabis pharmacy or the 
medical cannabis courier to appear before an adjudicative proceeding conducted under 
Title 63G, Chapter 4, Administrative Procedures Act
.
(5)
If, within 
20
30
 calendar days after the day on which the department issues a citation 
for a violation of this chapter, the person that is the subject of the citation fails to request 
a hearing to contest the citation, the citation becomes the department's final order.
(6)
The department may, for a person who fails to comply with a citation under this section:
(a)
refuse to issue or renew the person's license or agent registration card; or
(b)
suspend, revoke, or place on probation the person's license or agent registration card.
(7)
(a)
Except where a criminal penalty is expressly provided for a specific violation of 
this chapter, if an individual violates a provision of this chapter, the individual is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(b)
An individual who is guilty of a violation described in Subsection 
(7)(a)
 is not guilty 
of a violation of 
Title 58, Chapter 37, Utah Controlled Substances Act
, for the 
conduct underlying the violation described in Subsection 
(7)(a)
.
(8)
An appeal of a fine or monetary administrative penalty under this section shall be 
conducted as a formal proceeding with an administrative law judge in accordance with 
Title 63G, Chapter 4, Administrative Procedures Act.
Section 8, 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;
(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.
(4)
(a)
Before August 1, of each year, the department shall provide a report to the 
working group described in Section 
36-12-8.2
 that provides the following for each 
fine issued by the department under this chapter:
(i)
the date of the fine;
(ii)
the reference to statute or rule that was violated for each fine issued; and
(iii)
a short description explaining why the fine was issued.
(b)
The report described in Subsection 
(4)
(a) may not include identifying information of 
the person that was subject to the fine.
Section 9, Section 
4-41a-1003
 is amended to read:
4-41a-1003. Renewal - Notice of available license.
(1)
The department shall renew a license 
under Sections 
4-41a-1001
 through 
4-41a-1005
issued under this part
 every year if, at the time of renewal:
(a)
the licensee meets the requirements of Section 
4-41a-1001
;
(b)
the licensee pays the department a license renewal fee in an amount that, subject to 
Subsection 
4-41a-1004(5)
, the department sets in accordance with Section 
63J-1-504
; 
and
(c)
if the medical cannabis pharmacy changes the operating plan described in Section 
4-41a-1004
 that the department approved under Subsection 
4-41a-1001(2)(b)(iv)
, the 
department approves the new operating plan.
(2)
(a)
If a licensed medical cannabis pharmacy abandons the medical cannabis 
pharmacy's license, the department shall publish notice of an available license , for 
the geographic area in which the medical cannabis pharmacy license is available, as a 
class A notice under Section 
63G-30-102
, for at least seven days.
(b)
The department may establish criteria, 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
, to identify the medical cannabis 
pharmacy actions that constitute abandonment of a medical cannabis pharmacy 
license.
(3)
If the department has not completed the necessary processes to make a determination on 
a license renewal under Subsections 
(1)(a)
 and 
(c)
 before the expiration of a license, the 
department may issue a conditional medical cannabis pharmacy license to a licensed 
medical cannabis pharmacy that has applied for license renewal under this section and 
paid the fee described in Subsection 
(1)(b)
.
Section 10, Section 
4-41a-1005
 is amended to read:
4-41a-1005. Maximum number of licenses.
(1)
(a)
Except as provided in Subsection (1)(b) or (d), if a sufficient number of 
applicants apply, the department shall issue up to 
15
40
 medical cannabis pharmacy 
licenses in accordance with this section
 and three medical cannabis pharmacy 
licenses in accordance with Section 
4-41a-1006
.
(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)
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
licensing board
 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
licensing board
 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
licensing 
board
 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
licensing board
 may conduct a face-to-face interview with an applicant 
for a license that the department evaluates under Subsection (2).
Section 11, Section 
4-41a-1006
 is enacted to read:
4-41a-1006. Licensees selected by medical cannabis ombudsman.
(1)
Upon receiving a recommendation from the medical cannabis ombudsman under 
Section 
13-1-19
, the licensing board shall issue a license to the entity.
(2)
An entity issued a license under Section 
13-1-19
 is subject to all of the applicable 
requirements of this chapter and Title 26B, Chapter 4, Part 2, Cannabinoid Research and 
Medical Cannabis.
(3)
The department shall ensure compliance with Subsection 
13-1-19(3)(e)
.
Section 12, 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
medical cannabis
.
(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
medical 
cannabis
 without first indicating on the 
cannabis or cannabis product
medical cannabis
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,
medical cannabis
 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 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.
(c)
A medical cannabis pharmacy shall dispose of any deposited medical cannabis by:
(i)
rendering the deposited medical cannabis unusable and unrecognizable before 
transporting deposited medical cannabis from the medical cannabis pharmacy; and
(ii)
disposing of the deposited medical cannabis 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 
pharmacist-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
medical cannabis products
 the medical cannabis pharmacy maintains in the 
medical cannabis pharmacy's inventory
.
;
(f)
if a patient product information insert is available, shall provide a patient who 
purchases a medical cannabis product the medical cannabis product's patient product 
information insert using any of the following methods:
(i)
a physical document;
(ii)
an email message;
(iii)
a text message; or
(iv)
a quick response code; and
(g)
for each medical cannabis product sold by the medical cannabis pharmacy, shall:
(i)
allow a medical cannabis cardholder located in the pharmacy to view the back 
panel of the product when requested; and
(ii)
include a picture of the back panel of the product on the medical cannabis 
pharmacy's website.
(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 13, Section 
4-41a-1201
 is amended to read:
4-41a-1201. Medical cannabis home delivery designation.
(1)
The department may designate a medical cannabis pharmacy as a home delivery 
medical cannabis pharmacy if the department determines that the medical cannabis 
pharmacy's operating plan demonstrates the functional and technical ability to:
(a)
safely conduct transactions for medical cannabis shipments;
(b)
accept electronic medical cannabis orders
 that the state central patient portal 
facilitates
; and
(c)
accept payments through:
(i)
a payment provider that the Division of Finance approves, in consultation with the 
state treasurer, in accordance with Section 
26-61a-603
; or
(ii)
a financial institution in accordance with Subsection 
26-61a-603(4)
.
(2)
An applicant seeking a designation as a home delivery medical cannabis pharmacy shall 
identify in the applicant's operating plan any information relevant to the department's 
evaluation described in Subsection 
(1)
, including:
(a)
the name and contact information of the payment provider;
(b)
the nature of the relationship between the prospective licensee and the payment 
provider;
(c)
the processes of the following to safely and reliably conduct transactions for medical 
cannabis shipments:
(i)
the prospective licensee; and
(ii)
the electronic payment provider or the financial institution described in 
Subsection 
(1)(c)
; and
(d)
the ability of the licensee to comply with the department's rules regarding the secure 
transportation and delivery of medical cannabis 
or medical cannabis product 
to a 
medical cannabis cardholder.
(3)
Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that 
the department designates as a home delivery medical cannabis pharmacy may deliver 
medical cannabis shipments in accordance with this part.
Section 14, Section 
4-41a-1202
 is amended to read:
4-41a-1202. Home delivery of medical cannabis shipments -- Medical cannabis 
couriers -- License.
(1)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home 
delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders
that the state central patient portal facilitates
, including rules regarding the safe and 
controlled delivery of medical cannabis shipments.
(2)
A person may not operate as a medical cannabis courier without a license that the 
department issues under this section.
(3)
(a)
Subject to Subsections (5) and (6), the department shall issue a license to operate 
as a medical cannabis courier to an applicant who is eligible for a license under this 
section.
(b)
An applicant is eligible for a license under this section if the applicant submits to the 
department:
(i)
the name and address of an individual who:
(A)
has a financial or voting interest of 10% or greater in the proposed medical 
cannabis courier; or
(B)
has the power to direct or cause the management or control of a proposed 
cannabis production establishment;
(ii)
an operating plan that includes operating procedures to comply with the operating 
requirements for a medical cannabis courier described in this chapter; and
(iii)
an application fee in an amount that, subject to Subsection 
4-41a-104
(5), the 
department sets in accordance with Section 
63J-1-504
.
(4)
If the department determines that an applicant is eligible for a license under this section, 
the department shall:
(a)
charge the applicant an initial license fee in an amount that, subject to Subsection 
4-41a-104
(5), the department sets in accordance with Section 
63J-1-504
; and
(b)
notify the Department of Public Safety of the license approval and the names of each 
individual described in Subsection (3)(b)(i).
(5)
The department may not issue a license to operate as a medical cannabis courier to an 
applicant if an individual described in Subsection (3)(b)(i):
(a)
has been convicted under state or federal law of:
(i)
a felony in the preceding 10 years; or
(ii)
after September 23, 2019, a misdemeanor for drug distribution; or
(b)
is younger than 21 years old.
(6)
The department may revoke a license under this part if:
(a)
the medical cannabis courier does not begin operations within one year after the day 
on which the department issues the initial license;
(b)
the medical cannabis courier makes the same violation of this chapter three times;
(c)
an individual described in Subsection (3)(b)(i) is convicted, while the license is 
active, under state or federal law of:
(i)
a felony; or
(ii)
after September 23, 2019, a misdemeanor for drug distribution; or
(d)
after a change of ownership described in Subsection (14)(c), the department 
determines that the medical cannabis courier no longer meets the minimum standards 
for licensure and operation of the medical cannabis courier described in this chapter.
(7)
The department shall deposit the proceeds of a fee imposed by this section in the 
Qualified Production Enterprise Fund.
(8)
The department's authority to issue a license under this section is plenary and is not 
subject to review.
(9)
Each applicant for a license as a medical cannabis courier shall submit, at the time of 
application, from each individual who has a financial or voting interest of 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 Bureau of Criminal Identification; and
(ii)
the Federal Bureau of Investigation.
(10)
The Bureau of Criminal Identification shall:
(a)
check the fingerprints the applicant submits under Subsection (9) 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 (9) 
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.
(11)
The department shall:
(a)
assess an individual who submits fingerprints under Subsection (9) 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 (11)(a) to the Bureau of Criminal Identification.
(12)
The department shall renew a license under this section every year if, at the time of 
renewal:
(a)
the licensee meets the requirements of this section; and
(b)
the licensee pays the department a license renewal fee in an amount that, subject to 
Subsection 
4-41a-104
(5), the department sets in accordance with Section 
63J-1-504
.
(13)
A person applying for a medical cannabis courier license shall submit to the 
department a proposed operating plan that complies with this section and that includes:
(a)
a description of the physical characteristics of any proposed facilities, including a 
floor plan and an architectural elevation, and delivery vehicles;
(b)
a description of the credentials and experience of each officer, director, or owner of 
the proposed medical cannabis courier;
(c)
the medical cannabis courier's employee training standards;
(d)
a security plan; and
(e)
storage and delivery protocols, both short and long term, to ensure that medical 
cannabis shipments are stored and delivered in a manner that is sanitary and 
preserves the integrity of the cannabis.
(14)
(a)
A medical cannabis courier license is not transferable or assignable.
(b)
A medical cannabis courier shall report in writing to the department no later than 10 
business days before the date of any change of ownership of the medical cannabis 
courier.
(c)
If the ownership of a medical cannabis courier changes by 50% or more:
(i)
concurrent with the report described in Subsection (14)(b), the medical cannabis 
courier shall submit a new application described in Subsection (3)(b);
(ii)
within 30 days of the submission of the application, the department shall:
(A)
conduct an application review; and
(B)
award a license to the medical cannabis courier for the remainder of the term 
of the medical cannabis courier's license before the ownership change if the 
medical cannabis courier meets the minimum standards for licensure and 
operation of the medical cannabis courier described in this chapter; and
(iii)
if the department approves the license application, notwithstanding Subsection 
(4), the medical cannabis courier shall pay a license fee that the department sets in 
accordance with Section 
63J-1-504
 in an amount that covers the board's cost of 
conducting the application review.
(15)
(a)
Except as provided in Subsection(15)(b), a person may not advertise regarding 
the transportation of medical cannabis.
(b)
Notwithstanding Subsection (14)(a) and subject to Section 
4-41a-109
, a licensed home 
delivery medical cannabis pharmacy or a licensed medical cannabis courier may 
advertise:
(i)
a green cross;
(ii)
the pharmacy's or courier's name and logo; and
(iii)
that the pharmacy or courier is licensed to transport medical cannabis shipments.
Section 15, Section 
4-41a-1203
 is amended to read:
4-41a-1203. Medical cannabis shipment transportation.
(1)
The department shall ensure that each home delivery medical cannabis pharmacy is 
capable of delivering, directly or through a medical cannabis courier, medical cannabis 
shipments in a secure manner.
(2)
(a)
A home delivery medical cannabis pharmacy may contract with a licensed 
medical cannabis courier to deliver medical cannabis shipments to fulfill electronic 
medical cannabis orders
 that the state central patient portal facilitates
.
(b)
If a home delivery medical cannabis pharmacy enters into a contract described in 
Subsection 
(2)(a)
, the pharmacy shall:
(i)
impose security and personnel requirements on the medical cannabis courier 
sufficient to ensure the security and safety of medical cannabis shipments; and
(ii)
provide regular oversight of the medical cannabis courier.
(3)
Notwithstanding Subsection 
4-41a-404(1)
, an individual may transport a medical 
cannabis shipment if the individual is:
(a)
a registered pharmacy medical provider;
(b)
a registered medical cannabis pharmacy agent; or
(c)
a registered agent of the medical cannabis courier described in Subsection 
(2)
.
(4)
An individual transporting a medical cannabis shipment under Subsection 
(3)
 shall 
comply with the requirements of Subsection 
4-41a-404(3)
.
(5)
In addition to the requirements in Subsections 
(3)
 and 
(4)
, the department may establish 
by rule, in collaboration with the Division of Professional Licensing and the Board of 
Pharmacy and in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, requirements for transporting medical cannabis shipments that are 
related to safety for human consumption of 
cannabis or a 
cannabis product
medical 
cannabis
.
(6)
(a)
It is unlawful for an individual to transport a medical cannabis shipment with a 
manifest that does not meet the requirements of Subsection 
(4)
.
(b)
Except as provided in Subsection 
(6)(d)
, an individual who violates Subsection 
(6)(a)
is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(c)
An individual who is guilty of a violation described in Subsection 
(6)(b)
 is not guilty 
of a violation of 
Title 58, Chapter 37, Utah Controlled Substances Act
, for the 
conduct underlying the violation described in Subsection 
(6)(b)
.
(d)
If the individual described in Subsection 
(6)(a)
 is transporting more cannabis, 
cannabis product, or medical cannabis devices than the manifest identifies, except for 
a de minimis administrative error:
(i)
this chapter does not apply; and
(ii)
the individual is subject to penalties under 
Title 58, Chapter 37, Utah Controlled 
Substances Act
.
Section 16, Section 
13-1-19
 is enacted to read:
13-1-19. Medical cannabis ombudsman -- Duties -- Appeals.
(1)
(a)
The definitions of Title 4, Chapter 41a, Cannabis Production Establishments and 
Pharmacies, and Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical 
Cannabis, apply to this section.
(b)
There is created a medical cannabis ombudsman within the department.
(c)
The department shall consult with the Department of Agriculture and Food and the 
Department of Health and Human Services.
(d)
The medical cannabis ombudsman or an immediate family member of the medical 
cannabis ombudsman may not have an ownership interest in a cannabis production 
establishment or medical cannabis pharmacy.
(2)
The ombudsman shall:
(a)
develop and maintain expertise in laws and policies governing the rights and 
privileges of patients who hold medical cannabis cards;
(b)
provide training and information to private citizens, civic groups, governmental 
entities, and other interested parties across the state regarding:
(i)
the role and duties of the ombudsman; and
(ii)
the rights and privileges of medical cannabis patients;
(c)
develop a website to provide the information described in Subsection 
(2)
(b) in a form 
that is easily accessible;
(d)
receive, process, and investigate complaints from medical cannabis production 
establishments and medical cannabis pharmacies regarding Utah regulatory agencies;
(e)
review proposed rules that are created under Title 4, Chapter 41a, Cannabis 
Production Establishments and Pharmacies, and Title 26B, Chapter 4, Part 2, 
Cannabinoid Research and Medical Cannabis;
(f)
cooperate and coordinate with governmental entities and other organizations in the 
community in exercising the duties under this section; and
(g)
as appropriate, make recommendations to the Department of Agriculture and Food 
and the Department of Health and Human Services regarding the creation or 
modification of rules that the ombudsman considers necessary to carry out the 
ombudsman's duties under this section.
(3)
(a)
The ombudsman shall:
(i)
determine which entities receive licenses described under this Subsection 
(3)
; and
(ii)
inform the Department of Agriculture and Food of the selections.
(b)
(i)
Subject to the requirements of this Subsection 
(3)
 and the criteria established 
for obtaining a medical cannabis pharmacy license under Title 4, Chapter 41a, 
Cannabis Production Establishments and Pharmacies, the ombudsman shall:
(A)
before January 1, 2026, select two entities to receive a medical cannabis 
pharmacy license; and
(B)
before January 1, 2027, but not before January 1, 2026, select one entity to 
receive a medical cannabis pharmacy license.
(ii)
When selecting entities under this Subsection 
(3)
, if there is a conflict between 
the criteria established for obtaining a medical cannabis pharmacy license under 
Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and 
this section, this section controls.
(c)
For one of the licenses described in Subsection 
(3)(b)
(i)(A), the ombudsman may not 
select an entity:
(i)
that owns or operates a medical cannabis production establishment; or
(ii)
that is owned or operated by a medical cannabis production establishment.
(d)
The ombudsman:
(i)
may not select an entity to receive a license under this Subsection 
(3)
 if the entity 
already holds or is owned by an entity that holds a medical cannabis pharmacy 
license; and
(ii)
shall select an entity that will site a medical cannabis pharmacy license issued 
under this Subsection 
(3)
 in an area designated as a medically underserved area as 
determined by the federal Health Resources and Services Administration.
(e)
A license described in this Subsection (3) may not be transferred to another entity 
unless that entity meets the requirements of Subsections 
(3)(c)
 and (3)(d) that the 
transferring entity met when obtaining the license.
(4)
(a)
The ombudsman shall create a program where a medical cannabis patient may 
obtain assistance for paying for medical cannabis and medical cannabis devices.
(b)
Subject to available funds, the medical cannabis ombudsman may provide monthly 
$150 vouchers to a medical cannabis pharmacy as part of the program described in 
this Subsection 
(4)
.
(c)
A medical cannabis patient is eligible for the program if the individual is:
(i)
an active medical cannabis cardholder patient; and
(ii)
enrolled in Medicaid or Medicare.
(d)
The ombudsman may make rules to effectuate the program described in this 
Subsection 
(4)
 in accordance with Title 63G, Chapter 4, Administrative Procedures 
Act.
(e)
The ombudsman may contract with an entity to administer the program described in 
this Subsection 
(4)
.
(5)
(a)
The ombudsman shall hear all appeals of administrative penalties assessed under 
Section 
4-41a-801
 and Section 
4-41a-801.1
 that are not heard by an administrative 
law judge.
(b)
When an appeal is filed under Subsection (5)(a), the Department of Agriculture and 
Food shall provide a detailed explanation to the medical cannabis ombudsman for 
each penalty assessed that is under appeal.
(c)
An appeal heard under this section is an informal adjudicative proceeding as 
described in Title 63G, Chapter 4, Administrative Procedures Act.
(d)
The ombudsman may vacate or reduce an administrative penalty issued under 
Section 
4-41a-801
 and Section 
4-41a-801.1
.
(e)
A person subject to an administrative penalty after an appeal heard under this 
Subsection (5) may appeal for judicial review in accordance with the Title 63G, 
Chapter 4, Administrative Procedures Act.
(6)
Before August 1, 2026, and each year thereafter, the ombudsman shall provide a report 
regarding:
(a)
the number of appeals heard under Subsection 
(5)
;
(b)
the number of penalties reduced and upheld under Subsection 
(5)
;
(c)
the number of patients served under Subsection 
(4)
; and
(d)
policy recommendations related to the medical cannabis program.
Section 17, Section 
26B-1-310
 is amended to read:
26B-1-310. Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality 
-- Uniform fee.
(1)
There is created an enterprise fund known as the "Qualified Patient Enterprise Fund."
(2)
The fund created in this section is funded from:
(a)
money the department deposits into the fund under 
Chapter 4, Part 2, Cannabinoid 
Research and Medical Cannabis
;
(b)
appropriations the Legislature makes to the fund; and
(c)
the interest described in Subsection 
(3)
.
(3)
Interest earned on the fund shall be deposited into the fund.
(4)
Money deposited into the fund may 
only be used by
be used as follows
:
(a)
by 
the department to accomplish the department's responsibilities described in 
Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
;
 and
(b)
by 
the Center for Medical Cannabis Research created in Section 
53B-17-1402
 to 
accomplish the Center for Medical Cannabis Research's responsibilities
.
;
(c)
by the medical cannabis ombudsman created in Section 
13-1-19
 to accomplish the 
medical cannabis ombudsman's responsibilities except for the responsibilities 
described in Subsection 
13-1-19(4)
; and
(d)
if there is remaining money after financial obligations under Subsections 
(4)
(a)
through (c) are met, $250,000 by the medical cannabis ombudsman for the program 
described in Subsection 
13-1-19(4)
.
(5)
The department shall set fees authorized under 
Chapter 4, Part 2, Cannabinoid Research 
and Medical Cannabis
,
 in amounts that the department anticipates are necessary, in total, 
to cover the department's cost to implement 
Chapter 4, Part 2, Cannabinoid Research 
and Medical Cannabis
.
(6)
(a)
The department may impose a uniform fee on each medical cannabis transaction 
in a medical cannabis pharmacy in an amount that, subject to Subsection 
(5)
, the 
department sets in accordance with Section 
63J-1-504
.
(b)
The department shall allocate at least 10% of each fee charged under Subsection 
(6)(a)
 to the medical cannabis ombudsman created in Section 
13-1-19
.
Section 18, Section 
26B-1-435
 is amended to read:
26B-1-435. Medical Cannabis Policy Advisory Board creation -- Membership -- 
Duties.
(1)
There is created within the department the Medical Cannabis Policy Advisory Board.
(2)
(a)
The advisory board shall consist of the following members:
(i)
appointed by the executive director:
(A)
a qualified medical provider who has recommended medical cannabis to at 
least 100 patients before being appointed;
(B)
a medical research professional;
(C)
a mental health specialist;
(D)
an individual who represents an organization that advocates for medical 
cannabis patients;
(E)
an individual
a member of the general public
 who holds a medical cannabis 
patient card; and
(F)
a member of the general public who does not hold a medical cannabis card;
and
(ii)
appointed by the commissioner of the Department of Agriculture and Food:
(A)
an individual who owns or operates a licensed cannabis cultivation facility, as 
defined in Section 
4-41a-102
;
(B)
an individual who owns or operates a licensed medical cannabis pharmacy; 
and
(C)
a law enforcement officer
.
; and
(iii)
a representative from the Center for Medical Cannabis Research created in 
Section 
53B-14-1402
, appointed by the Center for Medical Cannabis Research.
(b)
The commissioner of the Department of Agriculture and Food shall ensure that at 
least one individual appointed under Subsection (2)(a)(ii)(A) or (B) also owns or 
operates a licensed cannabis processing facility.
(3)
(a)
Subject to Subsection (3)(b), a member of the advisory board shall serve for a 
four year term.
(b)
When appointing the initial membership of the advisory board, the executive director 
and the commissioner of the Department of Agriculture and Food shall coordinate to 
appoint four advisory board members to serve a term of two years to ensure that 
approximately half of the board is appointed every two years.
(4)
(a)
If an advisory board member is no longer able to serve as a member, a new 
member shall be appointed in the same manner as the original appointment.
(b)
A member appointed in accordance with Subsection (4)(a) shall serve for the 
remainder of the unexpired term of the original appointment.
(5)
(a)
A majority of the advisory board members constitutes a quorum.
(b)
The action of a majority of a quorum constitutes an action of the advisory board.
(c)
For a term lasting one year, the advisory board shall annually designate members of 
the advisory board to serve as chair and vice-chair.
(d)
When designating the chair and vice-chair, the advisory board shall ensure that at 
least one individual described Subsection (2)(a)(i) is appointed as chair or vice-chair.
(6)
An advisory board member may not receive compensation or benefits for the member's 
service on the advisory board but may receive per diem and reimbursement for travel 
expenses incurred as an advisory board member in accordance with:
(a)
Sections 
63A-3-106
 and 
63A-3-107
; and
(b)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
(7)
The department shall:
(a)
provide staff support for the advisory board; and
(b)
assist the advisory board in conducting meetings.
(8)
The advisory board may recommend:
(a)
to the department or the Department of Agriculture and Food changes to current or 
proposed medical cannabis rules or statutes;
 and
(b)
to the appropriate legislative committee whether the advisory board supports a 
change to medical cannabis statutes.
(9)
The advisory board shall:
(a)
review any draft rule that is authorized under 
this chapter
Chapter 4, Part 2, 
Cannabinoid Research and Medical Cannabis,
 or Title 4, Chapter 41a, Cannabis 
Production Establishments and Pharmacies;
(b)
consult with the Department of Agriculture and Food regarding the issuance of an 
additional:
(i)
cultivation facility license under Section 
4-41a-205
; or
(ii)
pharmacy license under Section 
4-41a-1005
;
(c)
consult with the department regarding cannabis patient education;
(d)
consult regarding the reasonableness of any fees set by the department or the 
Department of Agriculture and Food that pertain to the medical cannabis program; 
and
(e)
consult regarding any issue pertaining to medical cannabis when asked by the 
department or the Utah Department of Agriculture and Food.
Section 19, 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.
(3)
"Advertise" means information provided by a person in any medium:
(a)
to the public; and
(b)
that is not age restricted to an individual who is at least 21 years old.
(4)
"Advisory board" means the Medical Cannabis Policy Advisory Board created in 
Section 
26B-1-435
.
(5)
"Cannabis Research Review Board" means the Cannabis Research Review Board 
created in Section 
26B-1-420
.
(6)
"Cannabis" means marijuana.
(7)
"Cannabis processing facility" means the same as that term is defined in Section 
4-41a-102
.
(8)
"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)
"Cannabis production establishment" means the same as that term is defined in Section 
4-41a-102
.
(10)
"Cannabis production establishment agent" means the same as that term is defined in 
Section 
4-41a-102
.
(11)
"Cannabis production establishment agent registration card" means the same as that 
term is defined in Section 
4-41a-102
.
(12)
"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.
(13)
"Controlled substance database" means the controlled substance database created in 
Section 
58-37f-201
.
(14)
"Delivery address" means the same as that term is defined in Section 
4-41a-102
.
(15)
"Department" means the Department of Health and Human Services.
(16)
"Designated caregiver" means:
(a)
an individual:
(i)
whom an individual with a medical cannabis patient card or a medical cannabis 
guardian card designates as the patient's caregiver; and
(ii)
who registers with the department under Section 
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).
(17)
"Directions of use" means recommended routes of administration for a medical 
cannabis treatment and suggested usage guidelines.
(18)
"Dosing guidelines" means a quantity range and frequency of administration for a 
recommended treatment of medical cannabis.
(19)
"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.
(20)
"Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that 
the department authorizes, as part of the pharmacy's license, to deliver medical cannabis 
shipments to a delivery address to fulfill electronic orders
 that the state central patient 
portal facilitates
.
(21)
"Inventory control system" means the system described in Section 
4-41a-103
.
(22)
"Legal dosage limit" means an amount that:
(a)
is sufficient to provide 30 days of treatment based on the dosing guidelines that the 
relevant recommending medical provider or 
the state central patient portal or 
pharmacy medical provider, in accordance with Subsection 
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.
(23)
"Legal use termination date" means a date on the label of a container of unprocessed 
cannabis flower:
(a)
that is 60 days after the date of purchase of the cannabis; and
(b)
after which, the cannabis is no longer in a medicinal dosage form outside of the 
primary residence of the relevant medical cannabis patient cardholder.
(24)
"Limited medical provider" means an individual who:
(a)
meets the recommending qualifications; and
(b)
has no more than 15 patients with a valid medical cannabis patient card as a result of 
the individual's recommendation, in accordance with Subsection 
26B-4-204
(1)(b).
(25)
"Marijuana" means the same as that term is defined in Section 
58-37-2
.
(26)
"Medical cannabis"
 or "medical cannabis product"
 means cannabis in a medicinal 
dosage form or a cannabis product in a medicinal dosage form.
(27)
"Medical cannabis card" means a medical cannabis patient card, a medical cannabis 
guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card.
(28)
"Medical cannabis cardholder" means:
(a)
a holder of a medical cannabis card; or
(b)
a facility or assigned employee, described in Subsection (16)(b), only:
(i)
within the scope of the facility's or assigned employee's performance of the role of 
a medical cannabis patient cardholder's caregiver designation under Subsection 
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.
(29)
"Medical cannabis caregiver card" means an electronic document that a cardholder 
may print or store on an electronic device or a physical card or document that:
(a)
the department issues to an individual whom a medical cannabis patient cardholder 
or a medical cannabis guardian cardholder designates as a designated caregiver; and
(b)
is connected to the electronic verification system.
(30)
"Medical cannabis courier" means the same as that term is defined in Section 
4-41a-102
.
(31)
(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
medical cannabis
.
(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.
(32)
"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.
(33)
"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.
(34)
"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.
(35)
"Medical cannabis pharmacy agent" means an individual who holds a valid medical 
cannabis pharmacy agent registration card issued by the department.
(36)
"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.
(37)
"Medical cannabis shipment" means the same as that term is defined in Section 
4-41a-102
.
(38)
"Medical cannabis treatment" means 
cannabis in a medicinal dosage form, a cannabis 
product in a medicinal dosage form, or
medical cannabis or
 a medical cannabis device.
(39)
(a)
"Medicinal dosage form" means:
(i)
for processed medical cannabis, 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 does not exceed 30 milliliters;
(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; 
(J)
an aerosol; 
(K)
a suppository preparation; or
(L)
a soft or hard confection that is a uniform rectangular cuboid or uniform 
spherical shape, is homogeneous in color and texture, and each piece is a single 
serving; or
(ii)
for unprocessed cannabis flower, a container described in Section 
4-41a-602
 that:
(A)
contains cannabis flower 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 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 (39)(a)(ii) for use; and
(ii)
does not exceed the quantity described in Subsection (39)(a)(ii).
(c)
"Medicinal dosage form" does not include:
(i)
any unprocessed cannabis flower outside of the container described in Subsection 
(39)(a)(ii), except as provided in Subsection (39)(b);
(ii)
any unprocessed cannabis flower in a container described in Subsection 
(39)(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;
(v)
a substance described in Subsection (39)(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.
(40)
"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
.
(41)
"Patient product information insert" means a single page document that contains 
information about a medical cannabis product regarding:
(a)
how to use the product;
(b)
common side effects;
(c)
serious side effects;
(d)
dosage;
(e)
contraindications;
(f)
safe storage; and
(g)
information on when a product should not be used.
(42)
"Pharmacy medical provider" means the medical provider required to be on site at a 
medical cannabis pharmacy under Section 
26B-4-219
.
(42)
(43)
"Provisional patient card" means a card that:
(a)
the department issues to a minor with a qualifying condition for whom:
(i)
a recommending medical provider has recommended a medical cannabis 
treatment; and
(ii)
the department issues a medical cannabis guardian card to the minor's parent or 
legal guardian; and
(b)
is connected to the electronic verification system.
(43)
(44)
"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
.
(44)
(45)
"Qualified Patient Enterprise Fund" means the enterprise fund created in Section 
26B-1-310
.
(45)
(46)
"Qualifying condition" means a condition described in Section 
26B-4-203
.
(46)
(47)
"Recommend" or "recommendation" means, for a recommending medical 
provider, the act of suggesting the use of medical cannabis treatment, which:
(a)
certifies the patient's eligibility for a medical cannabis card; and
(b)
may include, at the recommending medical provider's discretion, directions of use, 
with or without dosing guidelines.
(47)
(48)
"Recommending medical provider" means a qualified medical provider or a 
limited medical provider.
(48)
(49)
"Recommending qualifications" means that an individual:
(a)
(i)
has the authority to write a prescription;
(ii)
is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah 
Controlled Substances Act; and
(iii)
possesses the authority, in accordance with the individual's scope of practice, to 
prescribe a Schedule II controlled substance; and
(b)
is licensed as:
(i)
a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(ii)
an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice 
Act;
(iii)
a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, 
Chapter 68, Utah Osteopathic Medical Practice Act; or
(iv)
a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
(49)
"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.
(50)
"State electronic verification system" means the system described in Section 
26B-4-202
.
(51)
"Targeted marketing" means the promotion by a qualified medical provider, medical 
clinic, or medical office that employs a qualified medical provider of a medical cannabis 
recommendation service 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 held in an area where only an individual who is 
at least 21 years old may access the event;
(c)
other marketing material that is physically or digitally displayed in the office of the 
medical clinic or office that employs a qualified medical provider; or
(d)
a leaflet that a qualified medical provider, medical clinic, or medical office that 
employs a qualified medical provider shares with an individual who is at least 21 
years old.
(52)
"Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a 
synthetic equivalent as described in Subsection 
58-37-4
(2)(a)(iii)(AA).
(53)
"THC analog" means the same as that term is defined in Section 
4-41-102
.
Section 20, 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 recommend treatment with 
cannabis in a medicinal dosage form or 
a cannabis product in a medicinal dosage form
medical cannabis
 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,
medical cannabis
 or a medical cannabis 
device, including:
(A)
the time and date of each purchase;
(B)
the quantity and type of 
cannabis, cannabis product,
medical cannabis
 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,
medical cannabis
 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)
(g)
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)
(h)
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
(j)
(i)
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)
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)
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.
(9)
(a)
Except as provided in 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.
(d)
The department shall determine a civil violation of this Subsection (9) in accordance 
with Title 63G, Chapter 4, Administrative Procedures Act.
(e)
Civil penalties assessed under this Subsection (9) shall be deposited into the General 
Fund.
(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 21, Section 
26B-4-214
 is amended to read:
26B-4-214. Medical cannabis caregiver card -- Registration -- Renewal -- 
Revocation.
(1)
(a)
A cardholder described in Section 
26B-4-213
 may designate
, through the state 
central patient portal,
 up to two individuals, or an individual and a facility in 
accordance with Subsection (1)(b), to serve as a designated caregiver for the 
cardholder.
(b)
(i)
A cardholder described in Section 
26B-4-213
 may designate one of the 
following types of facilities as one of the caregivers described in Subsection (1)(a):
(A)
for a patient or resident, an assisted living facility, as that term is defined in 
Section 
26B-2-201
;
(B)
for a patient or resident, a nursing care facility, as that term is defined in 
Section 
26B-2-201
; or
(C)
for a patient, a general acute hospital, as that term is defined in Section 
26B-2-201
.
(ii)
A facility may:
(A)
assign one or more employees to assist patients with medical cannabis 
treatment under the caregiver designation described in this Subsection (1)(b); 
and
(B)
receive a medical cannabis shipment from a medical cannabis pharmacy or a 
medical cannabis courier on behalf of the medical cannabis cardholder within 
the facility who designated the facility as a caregiver.
(iii)
The department shall make rules to regulate the practice of facilities and facility 
employees serving as designated caregivers under this Subsection (1)(b).
(c)
A parent or legal guardian described in Subsection 
26B-4-213
(2)(d), in consultation 
with the minor and the minor's qualified medical provider, may designate
, through 
the state central patient portal,
 up to two individuals to serve as a designated 
caregiver for the minor, if the department determines that the parent or legal guardian 
is not eligible for a medical cannabis guardian card under Section 
26B-4-213
.
(d)
(i)
Upon the entry of a caregiver designation under
 this
 Subsection (1) by a 
patient with a terminal illness described in Section 
26B-4-203
, the department 
shall issue to the designated caregiver an electronic conditional medical cannabis 
caregiver card, in accordance with this Subsection (1)(d).
(ii)
A conditional medical cannabis caregiver card is valid for the lesser of:
(A)
60 days; or
(B)
the day on which the department completes the department's review and issues 
a medical cannabis caregiver card under Subsection (1)(a), denies the patient's 
medical cannabis caregiver card application, or revokes the conditional 
medical cannabis caregiver card under 
Section 
26B-4-246
.
(iii)
The department may issue a conditional medical cannabis card to an individual 
applying for a medical cannabis patient card for which approval of the 
Compassionate Use Board is not required.
(iv)
An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and 
obligations under law applicable to a holder of the medical cannabis card for 
which the individual applies and for which the department issues the conditional 
medical cannabis card.
(2)
An individual that the department registers as a designated caregiver under this section 
and a facility described in Subsection (1)(b):
(a)
for an individual designated caregiver, may carry a valid medical cannabis caregiver 
card;
(b)
in accordance with this part, may purchase, possess, transport, or assist the patient in 
the use of 
cannabis in a medicinal dosage form, a cannabis product in a medicinal 
dosage form,
medical cannabis
 or a medical cannabis device on behalf of the 
designating medical cannabis cardholder;
(c)
may not charge a fee to an individual to act as the individual's designated caregiver 
or for a service that the designated caregiver provides in relation to the role as a 
designated caregiver; and
(d)
may accept reimbursement from the designating medical cannabis cardholder for 
direct costs the designated caregiver incurs for assisting with the designating 
cardholder's medicinal use of cannabis.
(3)
(a)
The department shall:
(i)
within 15 days after the day on which an individual submits an application in 
compliance with this section, issue a medical cannabis card to the applicant if the 
applicant:
(A)
is designated as a caregiver under Subsection (1);
(B)
is eligible for a medical cannabis caregiver card under Subsection (4); and
(C)
complies with this section; and
(ii)
notify the Department of Public Safety of each individual that the department 
registers as a designated caregiver.
(b)
The department shall ensure that a medical cannabis caregiver card contains the 
information described in Subsections (5)(b) and (3)(c)(i).
(c)
If a cardholder described in Section 
26B-4-213
 designates an individual as a 
caregiver who already holds a medical cannabis caregiver card, the individual with 
the medical cannabis caregiver card:
(i)
shall report to the department the information required of applicants under 
Subsection (5)(b) regarding the new designation;
(ii)
if the individual makes the report described in Subsection (3)(c)(i), is not required 
to file an application for another medical cannabis caregiver card;
(iii)
may receive an additional medical cannabis caregiver card in relation to each 
additional medical cannabis patient who designates the caregiver; and
(iv)
is not subject to an additional background check.
(4)
An individual is eligible for a medical cannabis caregiver card if the individual:
(a)
is at least 21 years old;
(b)
is a Utah resident;
(c)
pays to the department a fee in an amount that, subject to Subsection 
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
;
 and
(d)
signs an acknowledgment stating that the applicant received the information 
described in Subsection 
26B-4-213
(9)
.
(5)
An eligible applicant for a medical cannabis caregiver card shall:
(a)
submit an application for a medical cannabis caregiver card to the department 
through an electronic application connected to the state electronic verification 
system; and
(b)
submit the following information in the application described in Subsection (5)(a):
(i)
the applicant's name, gender, age, and address;
(ii)
the name, gender, age, and address of the cardholder described in Section 
26B-4-213
 who designated the applicant;
(iii)
if a medical cannabis guardian cardholder designated the caregiver, the name, 
gender, and age of the minor receiving a medical cannabis treatment in relation to 
the medical cannabis guardian cardholder; and
(iv)
any additional information that the department requests to assist in matching the 
application with the designating medical cannabis patient.
(6)
Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the 
department issues under this section is valid for the lesser of:
(a)
an amount of time that the cardholder described in Section 
26B-4-213
 who 
designated the caregiver determines; or
(b)
the amount of time remaining before the card of the cardholder described in Section 
26B-4-213
 expires.
(7)
(a)
If a designated caregiver meets the requirements of Subsection (4), the designated 
caregiver's medical cannabis caregiver card renews automatically at the time the 
cardholder described in Section 
26B-4-213
 who designated the caregiver:
(i)
renews the cardholder's card; and
(ii)
renews the caregiver's designation, in accordance with Subsection (7)(b).
(b)
The department shall provide a method in the card renewal process to allow a 
cardholder described in Section 
26B-4-213
 who has designated a caregiver to:
(i)
signify that the cardholder renews the caregiver's designation;
(ii)
remove a caregiver's designation; or
(iii)
designate a new caregiver.
(8)
The department shall record the issuance or revocation of a medical cannabis card under 
this section in the controlled substance database.
Section 22, Section 
26B-4-222
 is amended to read:
26B-4-222. Report.
(1)
By 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 filed for medical cannabis cards;
(b)
the number of qualifying patients and designated caregivers;
(c)
the nature of the debilitating medical conditions of the qualifying patients;
(d)
the age and county of residence of cardholders;
(e)
the number of medical cannabis cards revoked;
(f)
the number of practitioners providing recommendations for qualifying patients;
(g)
the number of license applications and renewal license applications received;
(h)
the number of licenses the department has issued in each county;
(i)
the number of licenses the department has revoked;
(j)
the quantity of medical cannabis shipments
 that the state central patient portal 
facilitates
;
(k)
the number of overall purchases of medical cannabis 
and medical cannabis products 
from each medical cannabis pharmacy;
(l)
the expenses incurred and revenues generated from the medical cannabis program; 
and
(m)
an analysis of product availability in medical cannabis pharmacies in consultation 
with the Department of Agriculture and Food.
(2)
The report shall include information provided by the Center for Medical Cannabis 
Research described in Section 
53B-17-1402
.
(3)
The department may not include personally identifying information in the report 
described in this section.
(4)
The department shall report to the working group described in Section 
36-12-8.2
 as 
requested by the working group.
Section 23, Section 
26B-4-243
 is amended to read:
26B-4-243. Guidance for treatment with medical cannabis.
The department, in consultation with the Center for Medical Cannabis Research created 
in Section 
53B-17-1402
, shall:
(1)
develop evidence-based guidance for treatment with medical cannabis based on the 
latest medical research that shall include:
(a)
for each qualifying condition, a summary of the latest medical research regarding the 
treatment of the qualifying condition with medical cannabis;
(b)
risks, contraindications, side effects, and adverse reactions that are associated with 
medical cannabis use; and
(c)
potential drug interactions between medical cannabis and medications that have been 
approved by the United States Food and Drug Administration;
 and
(2)
educate recommending medical providers, pharmacy medical providers, medical 
cannabis cardholders, and the public regarding:
(a)
the evidence-based guidance for treatment with medical cannabis described in 
Subsection 
(1)(a)
;
(b)
relevant warnings and safety information related to medical cannabis use; and
(c)
other topics related to medical cannabis use as determined by the department
.
; and
(3)
develop patient product information inserts for medical cannabis products.
Section 24, Section 
26B-4-247
 is amended to read:
26B-4-247. Department coordination.
(1)
The department shall:
(1)
(a)
provide draft rules made under this chapter to the
:
(i)
advisory board for the advisory board's review;
 and
(ii)
medical cannabis ombudsman;
(2)
(b)
consult with the advisory board regarding:
(a)
(i)
patient education; and
(b)
(ii)
fees set by the department that pertain to the medical cannabis program; and
(3)
(c)
when appropriate, consult with the advisory board regarding issues that arise in 
the medical cannabis program.
(2)
The department may not file a rule under Title 63G, Chapter 3, Administrative 
Rulemaking Act, unless the medical cannabis ombudsman agrees the rule should be 
filed.
Section 25, Section 
26B-4-248
 is enacted to read:
26B-4-248. Medical cannabis sales website.
(1)
As used in this section, "designated pharmacy" means a medical cannabis pharmacy that 
is designated by a medical cannabis cardholder for fulfilling a medical cannabis product 
under Subsection 
(2)
(c).
(2)
The department shall issue a request for proposals to establish and maintain a medical 
cannabis sales website that:
(a)
is accessible to medical cannabis cardholders;
(b)
allows a cannabis processing facility to list a medical cannabis product on the 
website, including:
(i)
the product's name;
(ii)
the amount of inventory the cannabis processing facility has of the product;
(iii)
a short description of the product provided by the cannabis processing facility;
(iv)
the product's intended use, dosage, and relevant warnings; and
(v)
laboratory test results;
(c)
allows a medical cannabis cardholder to request a medical cannabis pharmacy to 
fulfill an order; and
(d)
notifies a medical cannabis pharmacy when an order has been requested.
(3)
(a)
A medical cannabis pharmacy notified under Subsection (2)(d) shall contact the 
medical cannabis cardholder to inform the cardholder regarding whether the 
pharmacy will fulfill the order.
(b)
If the medical cannabis pharmacy agrees to fulfill the order, the medical cannabis 
pharmacy may:
(i)
set a price for the product;
(ii)
determine whether the pharmacy will provide home delivery if authorized to 
provide home delivery under Title 4, Chapter 41a, Cannabis Production 
Establishments and Pharmacies; and
(iii)
set a delivery fee if the product will be delivered to the cardholder.
(c)
If a medical cannabis pharmacy needs to order a medical cannabis product from a 
cannabis processing facility to fulfill an order under this section:
(i)
the medical cannabis pharmacy shall notify the cannabis processing facility that 
produces the product; and
(ii)
the cannabis processing facility shall provide the medical cannabis product to the 
medical cannabis pharmacy within 15 business days from the day on which the 
medical cannabis pharmacy notifies the cannabis processor under Subsection 
(3)(c)(i)
.
(4)
The department shall provide a link to the medical cannabis sales website on the 
department's website.
Section 26, Section 
63I-2-204
 is amended to read:
63I-2-204. Repeal dates: Title 4.
(1)
Section 
4-11-117
, Beekeeping working group -- Development of standards, is repealed 
May 1, 2025.
(2)
Subsection 
4-41a-102
(6), regarding the Cannabis Research Review Board, is repealed 
July 1, 
2026
2025
.
(3)
Section 
4-46-104
, Transition, is repealed July 1, 2024.
Section 27, Section 
63I-2-226
 is amended to read:
63I-2-226. Repeal dates: Titles 26 through 26B.
(1)
Section 
26B-1-241
, Tardive dyskinesia, is repealed July 1, 2024.
(2)
Section 
26B-1-302
, National Professional Men's Basketball Team Support of Women 
and Children Issues Restricted Account, is repealed July 1, 2024.
(3)
Section 
26B-1-309
, Medicaid Restricted Account, is repealed July 1, 2024.
(4)
Section 
26B-1-313
, Cancer Research Restricted Account, is repealed July 1, 2024.
(5)
Section 
26B-1-420
, Cannabis Research Review Board, is repealed July 1, 
2026
2025
.
(6)
Subsection 
26B-1-421
(9)(a), regarding a report to the Cannabis Research Review 
Board, is repealed July 1, 
2026
2025
.
(7)
Section 
26B-1-423
, Rural Physician Loan Repayment Program Advisory Committee -- 
Membership -- Compensation -- Duties, is repealed July 1, 2026.
(8)
Section 
26B-2-243
, Data collection and reporting requirements concerning incidents of 
abuse, neglect, or exploitation, is repealed July 1, 2027.
(9)
Section 
26B-3-142
, Long-acting injectables, is repealed July 1, 2024.
(10)
Subsection 
26B-3-215
(5), regarding reporting on coverage for in vitro fertilization and 
genetic testing, is repealed July 1, 2030.
(11)
Subsection 
26B-4-201
(5), regarding the Cannabis Research Review Board, is repealed 
July 1, 
2026
2025
.
(12)
Subsection 
26B-4-212
(1)(b), regarding the Cannabis Research Review Board, is 
repealed July 1, 
2026
2025
.
(13)
Section 
26B-4-702
, Creation of Utah Health Care Workforce Financial Assistance 
Program, is repealed July 1, 2027.
(14)
Subsection 
26B-4-703
(3)(b), regarding per diem and expenses for the Rural Physician 
Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
(15)
Subsection 
26B-4-703
(3)(c), regarding expenses for the Rural Physician Loan 
Repayment Program, is repealed July 1, 2026.
(16)
Subsection 
26B-4-703
(6)(b), regarding recommendations from the Rural Physician 
Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
(17)
Section 
26B-5-117
, Early childhood mental health support grant program, is repealed 
January 2, 2025.
(18)
Section 
26B-5-302.5
, Study concerning civil commitment and the Utah State Hospital, 
is repealed July 1, 2025.
(19)
Section 
26B-6-414
, Respite care services, is repealed July 1, 2025.
(20)
Section 
26B-7-120
, Invisible condition alert program education and outreach, is 
repealed July 1, 2025.
Section 28, Section 
63I-2-236
 is amended to read:
63I-2-236. Repeal dates: Title 36.
(1)
Section 
36-12-8.2
, Medical cannabis governance structure working group, is repealed 
July 1, 
2025
2026
.
(2)
Section 
36-29-107.5
, Murdered and Missing Indigenous Relatives Task Force -- 
Creation -- Membership -- Quorum -- Compensation -- Staff -- Vacancies -- Duties -- 
Interim report, is repealed November 30, 2024.
(3)
Section 
36-29-109
, Utah Broadband Center Advisory Commission, is repealed 
November 30, 2027.
(4)
Section 
36-29-110
, Blockchain and Digital Innovation Task Force, is repealed 
November 30, 2024.
Section 29, 
Repealer.
State central patient portal -- Department duties.
Advertising.
Advertising.
Advertising.
Section 30. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-14-25 1:41 PM