contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201
Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
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. See Utah Code 26B-4-201
Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
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. See Utah Code 26B-4-201
Limited medical provider: means an individual who:
(a)
meets the recommending qualifications; and
(b)
has no more than 15 patients with a valid medical cannabis patient card or provisional patient card as a result of the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b). 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 cardholder: means :
(a)
a holder of a medical cannabis card; or
(b)
a facility or assigned employee, described in Subsection(17)(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. See Utah Code 26B-4-201
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. 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
Medical cannabis pharmacy agent: means an individual who holds a valid medical cannabis pharmacy agent registration card issued by the department. See Utah Code 26B-4-201
Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. See Utah Code 26B-4-201
Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219. See Utah Code 26B-4-201
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. See Utah Code 26B-4-201
Recommending medical provider: means a qualified medical provider or a limited medical provider. See Utah Code 26B-4-201
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
at the physical address provided to the department under Section 26B-4-224; and
(ii)
in accordance with the operating plan provided to the department under Section 26B-4-224 and, if applicable, Section 26B-4-227.
(b)
A medical cannabis pharmacy shall notify the department before a change in the medical cannabis pharmacy‘s physical address or operating plan.
(2)
An individual may not enter a medical cannabis pharmacy unless the individual:
(a)
is at least 18 years old or is an emancipated minor under Section 80-7-105; and
(b)
except as provided in Subsection (4):
(i)
possesses a valid:
(A)
medical cannabis pharmacy agent registration card;
(B)
pharmacy medical provider registration card; or
(C)
medical cannabis card;
(ii)
is an employee of the department or the Department of Agriculture and Food performing an inspection under Section 26B-4-232; or
(iii)
is another individual as the department provides.
(3)
A medical cannabis pharmacy may not employ an individual who is younger than 21 years old.
(4)
Notwithstanding Subsection (2)(a), a medical cannabis pharmacy may authorize an individual who is not a medical cannabis pharmacy agent or pharmacy medical provider to access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and monitors the individual at all times while the individual is at the medical cannabis pharmacy and maintains a record of the individual’s access.
(5)
A medical cannabis pharmacy shall operate in a facility that has:
(a)
a single, secure public entrance;
(b)
a security system with a backup power source that:
(i)
detects and records entry into the medical cannabis pharmacy; and
(ii)
provides notice of an unauthorized entry to law enforcement when the medical cannabis pharmacy is closed; and
(c)
a lock on each area where the medical cannabis pharmacy stores cannabis or a cannabis product.
(6)
A medical cannabis pharmacy shall post, both clearly and conspicuously in the medical cannabis pharmacy, the limit on the purchase of cannabis described in Subsection 26B-4-230(2).
(7)
Except for an emergency situation described in Subsection 26B-4-213(3)(c), a medical cannabis pharmacy may not allow any individual to consume cannabis on the property or premises of the medical cannabis pharmacy.
(8)
A medical cannabis pharmacy may not sell cannabis or a cannabis product without first indicating on the cannabis or cannabis product label the name of the medical cannabis pharmacy.
(9)
(a)
Each medical cannabis pharmacy shall retain in the pharmacy’s records the following information regarding each recommendation underlying a transaction:
(i)
the recommending medical provider‘s name, address, and telephone number;
(ii)
the patient’s name and address;
(iii)
the date of issuance;
(iv)
directions of use and dosing guidelines or an indication that the recommending medical provider did not recommend specific directions of use or dosing guidelines; and
(v)
if the patient did not complete the transaction, the name of the medical cannabis cardholder who completed the transaction.
(b)
(i)
Except as provided in Subsection (9)(b)(iii), a medical cannabis pharmacy may not sell medical cannabis unless the medical cannabis has a label securely affixed to the container indicating the following minimum information:
(A)
the name, address, and telephone number of the medical cannabis pharmacy;
(B)
the unique identification number that the medical cannabis pharmacy assigns;
(C)
the date of the sale;
(D)
the name of the patient;
(E)
the name of the recommending medical provider who recommended the medical cannabis treatment;
(F)
directions for use and cautionary statements, if any;
(G)
the amount dispensed and the cannabinoid content;
(H)
the suggested use date;
(I)
for unprocessed cannabis flower, the legal use termination date; and
(J)
any other requirements that the department determines, in consultation with the Division of Professional Licensing and the Board of Pharmacy.
(ii)
A medical cannabis pharmacy is exempt from the requirement to provide the following information under Subsection (9)(b)(i) if the information is already provided on the product label that a cannabis production establishment affixes:
(A)
a unique identification number;
(B)
directions for use and cautionary statements;
(C)
amount and cannabinoid content; and
(D)
a suggested use date.
(iii)
If the size of a medical cannabis container does not allow sufficient space to include the labeling requirements described in Subsection (9)(b)(i), the medical cannabis pharmacy may provide the following information described in Subsection (9)(b)(i) on a supplemental label attached to the container or an informational enclosure that accompanies the container:
(A)
the cannabinoid content;
(B)
the suggested use date; and
(C)
any other requirements that the department determines.
(iv)
A medical cannabis pharmacy may sell medical cannabis to another medical cannabis pharmacy without a label described in Subsection (9)(b)(i).
(10)
A pharmacy medical provider or medical cannabis pharmacy agent shall:
(a)
upon receipt of an order from a limited medical provider in accordance with Subsections 26B-4-204(1)(b) through (d):
(i)
for a written order or an electronic order under circumstances that the department determines, contact the limited medical provider or the limited medical provider’s office to verify the validity of the recommendation; and
(ii)
for an order that the pharmacy medical provider or medical cannabis pharmacy agent verifies under Subsection (10)(a)(i) or an electronic order that is not subject to verification under Subsection (10)(a)(i), enter the limited medical provider’s recommendation or renewal, including any associated directions of use, dosing guidelines, or caregiver indication, in the state electronic verification system;
(b)
in processing an order for a holder of a conditional medical cannabis card described in Subsection 26B-4-213(1)(b) that appears irregular or suspicious in the judgment of the pharmacy medical provider or medical cannabis pharmacy agent, contact the recommending medical provider or the recommending medical provider’s office to verify the validity of the recommendation before processing the cardholder’s order;
(c)
unless the medical cannabis cardholder has had a consultation under Subsection 26B-4-230(4), verbally offer to a medical cannabis cardholder at the time of a purchase of cannabis, a cannabis product, or a medical cannabis device, personal counseling with the pharmacy medical provider; and
(d)
provide a telephone number or website by which the cardholder may contact a pharmacy medical provider for counseling.
(11)
(a)
A medical cannabis pharmacy may create a medical cannabis disposal program that allows an individual to deposit unused or excess medical cannabis, cannabis residue from a medical cannabis device, or medical cannabis product in a locked box or other secure receptacle within the medical cannabis pharmacy.
(b)
A medical cannabis pharmacy with a disposal program described in Subsection (11)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy medical provider can access deposited medical cannabis or medical cannabis products.
(c)
A medical cannabis pharmacy shall dispose of any deposited medical cannabis or medical cannabis products by:
(i)
rendering the deposited medical cannabis or medical cannabis products unusable and unrecognizable before transporting deposited medical cannabis or medical cannabis products from the medical cannabis pharmacy; and
(ii)
disposing of the deposited medical cannabis or medical cannabis products in accordance with:
(A)
federal and state law, rules, and regulations related to hazardous waste;
(B)
the Resource Conservation and Recovery Act, 42 U.S.C. § 6991 et seq.;
Amended by Chapter 307, 2023 General Session, (Coordination Clause) Renumbered and Amended by Chapter 307, 2023 General Session Amended by Chapter 317, 2023 General Session
