Renumbered 7/1/2023 26B-4-239. Home delivery of medical cannabis shipments — Medical cannabis couriers — License.
(1)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home delivery medical cannabis pharmacy‘s fulfillment of electronic medical cannabis orders that the state central patient portal facilitates, including rules regarding the safe and controlled delivery of medical cannabis shipments.
Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. 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
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
Qualified Patient Enterprise Fund: means the enterprise fund created in Section 26B-1-310. See Utah Code 26B-4-201
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.
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
State central patient portal: means the website the department creates, in accordance with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical cannabis order. See Utah Code 26B-4-201
A person may not operate as a medical cannabis courier without a license that the department issues under this section.
(3)
(a)
Subject to Subsections (5) and (6), the department shall issue a license to operate as a medical cannabis courier to an applicant who is eligible for a license under this section.
(b)
An applicant is eligible for a license under this section if the applicant submits to the department:
(i)
the name and address of an individual who:
(A)
has a financial or voting interest of 10% or greater in the proposed medical cannabis courier; or
(B)
has the power to direct or cause the management or control of a proposed cannabis production establishment;
(ii)
an operating plan that includes operating procedures to comply with the operating requirements for a medical cannabis courier described in this part; and
(iii)
an application fee in an amount that, subject to Subsection 26B-1-310(5), the department sets in accordance with Section 63J-1-504.
(4)
If the department determines that an applicant is eligible for a license under this section, the department shall:
(a)
charge the applicant an initial license fee in an amount that, subject to Subsection 26B-1-310(5), the department sets in accordance with Section 63J-1-504; and
(b)
notify the Department of Public Safety of the license approval and the names of each individual described in Subsection (3)(b)(ii).
(5)
The department may not issue a license to operate as a medical cannabis courier to an applicant if an individual described in Subsection (3)(b)(ii):
(a)
has been convicted under state or federal law of:
(i)
a felony; or
(ii)
after September 23, 2019, a misdemeanor for drug distribution; or
(b)
is younger than 21 years old.
(6)
The department may revoke a license under Sections 26B-4-236 through 26B-4-242 if:
(a)
the medical cannabis courier does not begin operations within one year after the day on which the department issues the initial license;
(b)
the medical cannabis courier makes the same violation of this part three times;
(c)
an individual described in Subsection (3)(b)(ii) is convicted, while the license is active, under state or federal law of:
(i)
a felony; or
(ii)
after September 23, 2019, a misdemeanor for drug distribution; or
(d)
after a change of ownership described in Subsection (15)(c), the department determines that the medical cannabis courier no longer meets the minimum standards for licensure and operation of the medical cannabis courier described in this part.
(7)
The department shall deposit the proceeds of a fee imposed by this section in the Qualified Patient Enterprise Fund.
(8)
The department shall begin accepting applications under this section on or before July 1, 2020.
(9)
The department’s authority to issue a license under this section is plenary and is not subject to review.
(10)
Each applicant for a license as a medical cannabis courier shall submit, at the time of application, from each individual who has a financial or voting interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant:
(a)
a fingerprint card in a form acceptable to the Department of Public Safety;
(b)
a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service; and
(c)
consent to a fingerprint background check by:
(i)
the Bureau of Criminal Identification; and
(ii)
the Federal Bureau of Investigation.
(11)
The Bureau of Criminal Identification shall:
(a)
check the fingerprints the applicant submits under Subsection (10) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;
(b)
report the results of the background check to the department;
(c)
maintain a separate file of fingerprints that applicants submit under Subsection (10) for search by future submissions to the local and regional criminal records databases, including latent prints;
(d)
request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(e)
establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.
(12)
The department shall:
(a)
assess an individual who submits fingerprints under Subsection (10) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and
(b)
remit the fee described in Subsection (12)(a) to the Bureau of Criminal Identification.
(13)
The department shall renew a license under this section every year if, at the time of renewal:
(a)
the licensee meets the requirements of this section; and
(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.
(14)
A person applying for a medical cannabis courier license shall submit to the department a proposed operating plan that complies with this section and that includes:
(a)
a description of the physical characteristics of any proposed facilities, including a floor plan and an architectural elevation, and delivery vehicles;
(b)
a description of the credentials and experience of each officer, director, or owner of the proposed medical cannabis courier;
(c)
the medical cannabis courier’s employee training standards;
(d)
a security plan; and
(e)
storage and delivery protocols, both short and long term, to ensure that medical cannabis shipments are stored and delivered in a manner that is sanitary and preserves the integrity of the cannabis.
(15)
(a)
A medical cannabis courier license is not transferrable or assignable.
(b)
A medical cannabis courier shall report in writing to the department no later than 10 business days before the date of any change of ownership of the medical cannabis courier.
(c)
If the ownership of a medical cannabis courier changes by 50% or more:
(i)
concurrent with the report described in Subsection (15)(b), the medical cannabis courier shall submit a new application described in Subsection (3)(b);
(ii)
within 30 days of the submission of the application, the department shall:
(A)
conduct an application review; and
(B)
award a license to the medical cannabis courier for the remainder of the term of the medical cannabis courier’s license before the ownership change if the medical cannabis courier meets the minimum standards for licensure and operation of the medical cannabis courier described in this part; and
(iii)
if the department approves the license application, notwithstanding Subsection (4), the medical cannabis courier shall pay a license fee that the department sets in accordance with Section 63J-1-504 in an amount that covers the board’s cost of conducting the application review.
(16)
(a)
Except as provided in Subsection (16)(b), a person may not advertise regarding the transportation of medical cannabis.
(b)
Notwithstanding Subsection (15)(a) and subject to Section 26B-4-223, a licensed home delivery medical cannabis pharmacy or a licensed medical cannabis courier may advertise:
(i)
a green cross;
(ii)
the pharmacy’s or courier’s name and logo; and
(iii)
that the pharmacy or courier is licensed to transport medical cannabis shipments.
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
