Renumbered 7/1/2023 26B-4-240. Medical cannabis shipment transportation.
(1)
The department shall ensure that each home delivery medical cannabis pharmacy is capable of delivering, directly or through a medical cannabis courier, medical cannabis shipments in a secure manner.
contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201
Contract: A legal written agreement that becomes binding when signed.
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
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
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
Oversight: Committee review of the activities of a Federal agency or program.
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 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
(2)
(a)
A home delivery medical cannabis pharmacy may contract with a licensed medical cannabis courier to deliver medical cannabis shipments to fulfill electronic medical cannabis orders that the state central patient portal facilitates.
(b)
If a home delivery medical cannabis pharmacy enters into a contract described in Subsection (2)(a), the pharmacy shall:
(i)
impose security and personnel requirements on the medical cannabis courier sufficient to ensure the security and safety of medical cannabis shipments; and
(ii)
provide regular oversight of the medical cannabis courier.
(3)
Except for an individual with a valid medical cannabis card who transports a shipment the individual receives, an individual may not transport a medical cannabis shipment unless the individual is:
(a)
a registered pharmacy medical provider;
(b)
a registered medical cannabis pharmacy agent; or
(c)
a registered agent of the medical cannabis courier described in Subsection (2).
(4)
An individual transporting a medical cannabis shipment under Subsection (3) shall possess a physical or electronic transportation manifest that:
(a)
includes a unique identifier that links the medical cannabis shipment to a relevant inventory control system;
(b)
includes origin and destination information for the medical cannabis shipment the individual is transporting; and
(c)
indicates the departure and estimated arrival times and locations of the individual transporting the medical cannabis shipment.
(5)
In addition to the requirements in Subsections (3) and (4), 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 shipments that are related to safety for human consumption of cannabis or a cannabis product.
(6)
(a)
It is unlawful for an individual to transport a medical cannabis shipment with a manifest that does not meet the requirements of Subsection (4).
(b)
Except as provided in Subsection (6)(d), an individual who violates Subsection (6)(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 (6)(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 (6)(b).
(d)
If the individual described in Subsection (6)(a) is transporting more cannabis, cannabis product, or medical cannabis devices than the manifest identifies, except for a de minimis administrative error:
