Renumbered 7/1/2023)

Renumbered 7/1/2023
26B-4-226.  Renewal – Notice of available license.

(1)  The department shall renew a license under Sections 26B-4-224 through 26B-4-228 every year if, at the time of renewal:

Terms Used In Utah Code 26B-4-226

  • Cannabis: means marijuana. See Utah Code 26B-4-201
  • Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
  • Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
  • 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. See Utah Code 26B-4-201
(a)  the licensee meets the requirements of Section 26B-4-224;

(b)  the licensee pays the department a license renewal fee in an amount that, subject to Subsection 26B-1-310(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 26B-4-227 that the department approved under Subsection 26B-4-224(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).

Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 435, 2023 General Session