A medical cannabis pharmacy agent shall carry the individual’s medical cannabis pharmacy agent registration card with the individual at all times when:
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201
Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
Conviction: A judgement of guilt against a criminal defendant.
Department: means the Department of Health and Human Services. 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 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 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
Medical cannabis pharmacy agent registration card: means a registration card issued by the department that authorizes an individual to act as a medical cannabis pharmacy agent. 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
Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a)
the individual is on the premises of a medical cannabis pharmacy; and
(b)
the individual is transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device between a cannabis production establishment and a medical cannabis pharmacy.
(2)
If an individual handling, at a medical cannabis pharmacy, cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device or transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, possesses the cannabis, cannabis product, or medical cannabis device in compliance with Subsection (1):
(a)
there is a rebuttable presumption that the individual possesses the cannabis, cannabis product, or medical cannabis device legally; and
(b)
there is no probable cause, based solely on the individual’s possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis device in compliance with Subsection (1), that the individual is engaging in illegal activity.
(3)
(a)
A medical cannabis pharmacy agent who fails to carry the agent’s medical cannabis pharmacy agent registration card in accordance with Subsection (1) is:
(i)
for a first or second offense in a two-year period:
(A)
guilty of an infraction; and
(B)
is subject to a $100 fine; or
(ii)
for a third or subsequent offense in a two-year period:
(A)
guilty of a class C misdemeanor; and
(B)
subject to a $750 fine.
(b)
(i)
The prosecuting entity shall notify the department and the relevant medical cannabis pharmacy of each conviction under Subsection (3)(a).
(ii)
For each violation described in Subsection (3)(a)(ii), the department may assess the relevant medical cannabis pharmacy a fine of up to $5,000, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
An individual who is guilty of a violation described in Subsection (3)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (3)(a).
Renumbered and Amended by Chapter 307, 2023 General Session
