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
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
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
(a)
a registered medical cannabis pharmacy agent;
(b)
a registered medical cannabis courier agent;
(c)
a registered pharmacy medical provider; or
(d)
a medical cannabis cardholder who is transporting a medical cannabis treatment that the cardholder is authorized to transport.
(2)
Except for an individual with a valid medical cannabis card under this part who is transporting a medical cannabis treatment that the cardholder is authorized to transport, an individual described in Subsection (1) shall:
(a)
be currently employed by the medical cannabis pharmacy or the medical cannabis courier that is authorizing the individual to transport the medical cannabis; and
(b)
possess a transportation manifest that:
(i)
includes a unique identifier that links the cannabis or cannabis product to a relevant inventory control system;
(ii)
includes origin and destination information for the medical cannabis that the individual is transporting; and
(iii)
identifies the departure and arrival times and locations of the individual transporting the medical cannabis.
(3)
(a)
In addition to the requirements in Subsections (1) and (2), 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 to ensure that the medical cannabis remains safe for human consumption.
(b)
The transportation described in Subsection (1)(a) is limited to transportation between a medical cannabis pharmacy and:
(i)
another medical cannabis pharmacy; or
(ii)
for a medical cannabis shipment, a delivery address.
(4)
(a)
It is unlawful for an individual described in Subsection (1) to make a transport described in this section with a manifest that does not meet the requirements of this section.
(b)
Except as provided in Subsection (4)(d), an individual who violates Subsection (4)(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 (4)(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 (4)(b).
(d)
If the individual described in Subsection (4)(a) is transporting more medical cannabis than the manifest identifies, except for a de minimis administrative error:
An individual other than an individual described in Subsection (1) may transport a medical cannabis device within the state if the transport does not also contain medical cannabis.
Repealed by Chapter 273, 2023 General Session Renumbered and Amended by Chapter 307, 2023 General Session Amended by Chapter 317, 2023 General Session
