26B-1-435. Advisory board creation — Membership.
| (1) |
There is created within the department the Medical Cannabis Policy Advisory Board. |
Terms Used In Utah Code 26B-1-435
- Advisory board: means the Correctional Postnatal and Early Childhood Advisory Board. See Utah Code 26B-1-434
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
| (2) |
| (a) |
The advisory board shall consist of the following members:
| (i) |
appointed by the executive director:
| (A) |
a qualified medical provider who has at least 100 patients who have a medical cannabis patient card at the time of appointment; |
| (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 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; |
| (B) |
an individual who owns or operates a licensed medical cannabis pharmacy; and |
| (C) |
a law enforcement officer. |
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|
| (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) |
The advisory board shall annually designate one of the advisory board’s members to serve as chair for a one-year period. |
|
| (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:
|
| (7) |
The department shall:
| (a) |
provide staff support for the advisory board; and |
| (b) |
assist the advisory board in conducting meetings. |
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Enacted by Chapter 273, 2023 General Session
Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.
