Medical cannabis courier agent: means the same as that term is defined in Section 4-41a-102. 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
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a)
The department may, for a medical cannabis pharmacy’s or a medical cannabis courier’s violation of this part or an applicable administrative rule:
(i)
revoke the medical cannabis pharmacy or medical cannabis courier license;
(ii)
refuse to renew the medical cannabis pharmacy or medical cannabis courier license; or
(iii)
assess the medical cannabis pharmacy or medical cannabis courier an administrative penalty.
(b)
The department may, for a medical cannabis pharmacy agent‘s or medical cannabis courier agent‘s violation of this part:
(i)
revoke the medical cannabis pharmacy agent or medical cannabis courier agent registration card;
(ii)
refuse to renew the medical cannabis pharmacy agent or medical cannabis courier agent registration card; or
(iii)
assess the medical cannabis pharmacy agent or medical cannabis courier agent an administrative penalty.
(2)
The department shall deposit an administrative penalty imposed under this section into the General Fund.
(3)
For a person subject to an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding under this section, the department may:
(a)
for a fine amount not already specified in law, assess the person a fine of up to $5,000 per violation, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(b)
order the person to cease and desist from the action that creates a violation.
(4)
The department may not revoke a medical cannabis pharmacy’s license or a medical cannabis courier’s license without first directing the medical cannabis pharmacy or the medical cannabis courier to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(5)
If, within 20 calendar days after the day on which the department issues a citation for a violation of this part, the person that is the subject of the citation fails to request a hearing to contest the citation, the citation becomes the department’s final order.
(6)
The department may, for a person who fails to comply with a citation under this section:
(a)
refuse to issue or renew the person’s license or agent registration card; or
(b)
suspend, revoke, or place on probation the person’s license or agent registration card.
(7)
(a)
Except where a criminal penalty is expressly provided for a specific violation of this part, if an individual violates a provision of this part, the individual is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(b)
An individual who is guilty of a violation described in Subsection (7)(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 (7)(a).
Amended by Chapter 307, 2023 General Session, (Coordination Clause) Renumbered and Amended by Chapter 307, 2023 General Session
