Each medical cannabis pharmacy shall maintain the pharmacy’s medical cannabis treatmentrecommendation files and other records in accordance with this part, department rules, and the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended.
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
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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 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 treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. See Utah Code 26B-4-201
recommendation: means , for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:
(a)
certifies the patient's eligibility for a medical cannabis card; and
(b)
may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines. See Utah Code 26B-4-201
(2)
The department or the Department of Agriculture and Food may inspect the records, facility, and inventory of a medical cannabis pharmacy at any time during business hours in order to determine if the medical cannabis pharmacy complies with this part and Title 4, Chapter 41a, Cannabis Production Establishments.
(3)
An inspection under this section may include:
(a)
inspection of a site, facility, vehicle, book, record, paper, document, data, or other physical or electronic information, or any combination of the above;
(b)
questioning of any relevant individual;
(c)
inspection of equipment, an instrument, a tool, or machinery, including a container or label;
(d)
random sampling of medical cannabis by the Department of Agriculture and Food in accordance with rules described in Section 4-41a-701; or
(e)
seizure of medical cannabis, medical cannabis devices, or educational material as evidence in a department investigation or inspection or in instances of compliance failure.
(4)
In making an inspection under this section, the department or the Department of Agriculture and Food may freely access any area and review and make copies of a book, record, paper, document, data, or other physical or electronic information, including financial data, sales data, shipping data, pricing data, and employee data.
(5)
Failure to provide the department, the Department of Agriculture and Food, or the authorized agents of the department or the Department of Agriculture and Food immediate access to records and facilities during business hours in accordance with this section may result in:
license or registration suspension or revocation; or
(c)
an immediate cessation of operations under a cease and desist order that the department issues.
(6)
Notwithstanding any other provision of law, the department may temporarily store in any department facility the items the department seizes under Subsection (3)(e) until the department:
(a)
determines that sufficient compliance justifies the return of the seized items; or
(b)
disposes of the items in the same manner as a cannabis production establishment in accordance with Section 4-41a-405.
Amended by Chapter 307, 2023 General Session, (Coordination Clause) Renumbered and Amended by Chapter 307, 2023 General Session
