The department or a licensee of the department may process a cannabinoid product.
Terms Used In Utah Code 4-41-103.2
Cannabinoid processor license: means a license that the department issues to a person for the purpose of processing a cannabinoid product. See Utah Code 4-41-102
Cannabinoid product: means a product that:
(a)
contains or is represented to contain one or more naturally occurring cannabinoids;
(b)
contains less than the cannabinoid product THC level, by dry weight;
(c)
contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content; and
(d)
does not exceed a total of THC and any THC analog that is greater than:
Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
Key participant: means any of the following:
(a)
a licensee;
(b)
an operation manager;
(c)
a site manager; or
(d)
an employee who has access to any industrial hemp material with a THC concentration above 0. See Utah Code 4-41-102
Licensee: means a person possessing a cannabinoid processor license that the department issues under this chapter. See Utah Code 4-41-102
Person: means :
(a)
an individual, partnership, association, firm, trust, limited liability company, or corporation; and
(b)
an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
(2)
A person seeking a cannabinoid processor license shall provide to the department:
(a)
the legal description and global positioning coordinates sufficient for locating the facility the person uses to process industrial hemp; and
(b)
written consent allowing a representative of the department and local law enforcement to enter all premises where the person processes or stores industrial hemp for the purpose of:
(i)
conducting a physical inspection; or
(ii)
ensuring compliance with the requirements of this chapter.
(3)
An individual who has been convicted of a drug-related felony within the last 10 years is not eligible to obtain a cannabinoid processor license.
(4)
The department may set a fee in accordance with Subsection 4-2-103(2) for the application for a cannabinoid processor license.
(5)
A licensee may only market a cannabinoid product that the licensee processes.
(6)
(a)
Each applicant for a license to process cannabinoid products shall submit to the department, at the time of application, from each key participant:
(i)
a fingerprint card in a form acceptable to the Department of Public Safety;
(ii)
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
(iii)
consent to a fingerprint background check by:
(A)
the Bureau of Criminal Identification; and
(B)
the Federal Bureau of Investigation.
(b)
The Bureau of Criminal Identification shall:
(i)
check the fingerprints the applicant submits under Subsection (6)(a) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;
(ii)
report the results of the background check to the department;
(iii)
maintain a separate file of fingerprints that applicants submit under Subsection (6)(a) for search by future submissions to the local and regional criminal records databases, including latent prints;
(iv)
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
(v)
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.
(c)
The department shall:
(i)
assess an individual who submits fingerprints under Subsection (6)(a) 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
(ii)
remit the fee described in Subsection (6)(c)(i) to the Bureau of Criminal Identification.
