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. 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 card: means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. 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
Medicinal dosage form: includes a portion of unprocessed cannabis flower that:
(i)
the medical cannabis cardholder has recently removed from the container described in Subsection (42)(a)(ii) for use; and
(ii)
does not exceed the quantity described in Subsection (42)(a)(ii). 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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
A medical cannabis pharmacy may not sell a product other than, subject to this part:
(i)
cannabis in a medicinal dosage form that the medical cannabis pharmacy acquired from another medical cannabis pharmacy or a cannabis processing facility that is licensed under Section 4-41a-201;
(ii)
a cannabis product in a medicinal dosage form that the medical cannabis pharmacy acquired from another medical cannabis pharmacy or a cannabis processing facility that is licensed under Section 4-41a-201;
(iii)
a medical cannabis device; or
(iv)
educational material related to the medical use of cannabis.
(b)
A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to an individual with:
(i)
(A)
a medical cannabis card;
(B)
a department registration described in Subsection 26B-4-213(10); and
(ii)
a corresponding government issued photo identification.
(c)
Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a cannabis-based drug that the United States Food and Drug Administration has approved.
(d)
Notwithstanding Subsection (1)(b), a medical cannabis pharmacy may not sell a medical cannabis device or medical cannabis product to an individual described in Subsection 26B-4-213(2)(a)(i)(B) or to a minor described in Subsection 26B-4-213(2)(c) unless the individual or minor has the approval of the Compassionate Use Board in accordance with Subsection 26B-1-421(5).
(2)
A medical cannabis pharmacy:
(a)
may dispense to a medical cannabis cardholder, in any one 28-day period, up to the legal dosage limit of:
(i)
unprocessed cannabis that:
(A)
is in a medicinal dosage form; and
(B)
carries a label clearly displaying the amount of tetrahydrocannabinol and cannabidiol in the cannabis; and
(ii)
a cannabis product that is in a medicinal dosage form; and
(b)
may not dispense:
(i)
more medical cannabis than described in Subsection (2)(a); or
(ii)
to an individual whose recommending medical provider did not recommend directions of use and dosing guidelines, until the individual consults with the pharmacy medical provider in accordance with Subsection (4), any medical cannabis.
(3)
An individual with a medical cannabis card:
(a)
may purchase, in any one 28-day period, up to the legal dosage limit of:
(i)
unprocessed cannabis in a medicinal dosage form; and
(ii)
a cannabis product in a medicinal dosage form;
(b)
may not purchase:
(i)
more medical cannabis than described in Subsection (3)(a); or
(ii)
if the relevant recommending medical provider did not recommend directions of use and dosing guidelines, until the individual consults with the pharmacy medical provider in accordance with Subsection (4), any medical cannabis; and
(c)
may not use a route of administration that the relevant recommending medical provider or the pharmacy medical provider, in accordance with Subsection (4) or (5), has not recommended.
(4)
If a recommending medical provider recommends treatment with medical cannabis but wishes for the pharmacy medical provider to determine directions of use and dosing guidelines:
(a)
the recommending medical provider shall provide to the pharmacy medical provider, either through the state electronic verification system or through a medical cannabis pharmacy’s recording of a recommendation under the order of a limited medical provider, any of the following information that the recommending medical provider feels would be needed to provide appropriate directions of use and dosing guidelines:
(i)
information regarding the qualifying condition underlying the recommendation;
(ii)
information regarding prior treatment attempts with medical cannabis; and
(iii)
portions of the patient’s current medication list; and
(b)
before the relevant medical cannabis cardholder may obtain medical cannabis, the pharmacy medical provider shall:
(i)
review pertinent medical records, including the recommending medical provider documentation described in Subsection (4)(a); and
(ii)
after completing the review described in Subsection (4)(b)(i) and consulting with the recommending medical provider as needed, determine the best course of treatment through consultation with the cardholder regarding:
(A)
the patient’s qualifying condition underlying the recommendation from the recommending medical provider;
(B)
indications for available treatments;
(C)
directions of use and dosing guidelines; and
(D)
potential adverse reactions.
(5)
(a)
A medical cannabis pharmacy shall:
(i)
(A)
access the state electronic verification system before dispensing cannabis or a cannabis product to a medical cannabis cardholder in order to determine if the cardholder or, where applicable, the associated patient has met the maximum amount of medical cannabis described in Subsection (2); and
(B)
if the verification in Subsection (5)(a)(i) indicates that the individual has met the maximum amount described in Subsection (2), decline the sale, and notify the recommending medical provider who made the underlying recommendation;
(ii)
submit a record to the state electronic verification system each time the medical cannabis pharmacy dispenses medical cannabis to a medical cannabis cardholder;
(iii)
ensure that the pharmacy medical provider who is a licensed pharmacist reviews each medical cannabis transaction before dispensing the medical cannabis to the cardholder in accordance with pharmacy practice standards;
(iv)
package any medical cannabis that is in a container that:
(A)
complies with Subsection 4-41a-602(1)(b) or, if applicable, provisions related to a container for unprocessed cannabis flower in the definition of “medicinal dosage form” in Section 26B-4-201;
(B)
is tamper-resistant and tamper-evident; and
(C)
provides an opaque bag or box for the medical cannabis cardholder’s use in transporting the container in public;
(v)
for a product that is a cube that is designed for ingestion through chewing or holding in the mouth for slow dissolution, include a separate, off-label warning about the risks of over-consumption; and
(vi)
beginning January 1, 2024, for a cannabis product that is cannabis flower, vaporizer cartridges, or concentrate, provide the product’s terpene profiles collected under Subsection 4-41a-602(4) at or before the point of sale.
(b)
A medical cannabis cardholder transporting or possessing the container described in Subsection (5)(a)(iv) in public shall keep the container within the opaque bag or box that the medical cannabis pharmacist provides.
(6)
(a)
Except as provided in Subsection (6)(b), a medical cannabis pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device that is intentionally designed or constructed to resemble a cigarette.
(b)
A medical cannabis pharmacy may sell a medical cannabis device that warms cannabis material into a vapor without the use of a flame and that delivers cannabis to an individual’s respiratory system.
(7)
(a)
A medical cannabis pharmacy may not give, at no cost, a product that the medical cannabis pharmacy is allowed to sell under Subsection (1)(a)(i), (ii), or (iii).
(b)
A medical cannabis pharmacy may give, at no cost, educational material related to the medical use of cannabis.
(10) The department may impose a uniform fee on each medical cannabis transaction in a medical cannabis pharmacy in an amount that, subject to Subsection 26B-1-310(5), the department sets in accordance with Section 63J-1-504.
(9) A medical cannabis pharmacy may purchase and store medical cannabis devices regardless of whether the seller has a cannabis-related license under this title or Title 4, Chapter 41a, Cannabis Production Establishments.
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
