Renumbered 7/1/2023 26B-4-242. Home delivery of medical cannabis shipments.
(1)
An individual may not receive and a medical cannabis pharmacy agent or a medical cannabis courier agent may not deliver a medical cannabis shipment from a home delivery medical cannabis pharmacy unless:
for a medical cannabis cardholder who is not a facility, the medical cannabis cardholder's home address; or
(b)
for a medical cannabis cardholder that is a facility, the facility's address. 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.
Government issued photo identification: means any of the following forms of identification:
(a)
a valid state-issued driver license or identification card;
(b)
a valid United States federal-issued photo identification, including:
(i)
a United States passport;
(ii)
a United States passport card;
(iii)
a United States military identification card; or
(iv)
a permanent resident card or alien registration receipt card; or
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
Medical cannabis cardholder: means :
(a)
a holder of a medical cannabis card; or
(b)
a facility or assigned employee, described in Subsection(17)(b), only:
(i)
within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection 26B-4-214(1)(b); and
(ii)
while in possession of documentation that establishes:
(A)
a caregiver designation described in Subsection 26B-4-214(1)(b);
(B)
the identity of the individual presenting the documentation; and
(C)
the relation of the individual presenting the documentation to the caregiver designation. See Utah Code 26B-4-201
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
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
a valid medical cannabis card under the same name that appears on the government issued photo identification; or
(B)
for a facility that a medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b), evidence of the facility caregiver designation; and
(b)
the delivery occurs at:
(i)
the delivery address that is on file in the state electronic verification system; or
(ii)
the facility that the medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b).
(2)
(a)
A medical cannabis pharmacy agent may not deliver a medical cannabis shipment on behalf of a home delivery medical cannabis pharmacy unless the medical cannabis pharmacy agent is currently employed by the home delivery medical cannabis pharmacy.
(b)
A medical cannabis courier agent may not deliver a medical cannabis shipment on behalf of a medical cannabis courier unless the medical cannabis courier agent is currently employed by the medical cannabis courier.
(c)
Before a medical cannabis pharmacy agent or a medical cannabis courier agent distributes a medical cannabis shipment to a medical cannabis cardholder, the agent shall:
(i)
verify the shipment information using the state electronic verification system;
(ii)
ensure that the individual satisfies the identification requirements in Subsection (1);
(iii)
verify that payment is complete; and
(iv)
record the completion of the shipment transaction in a manner such that the delivery of the shipment will later be recorded within a reasonable period in the electronic verification system.
(3)
The medical cannabis courier shall:
(a)
(i)
store each medical cannabis shipment in a secure manner until the recipient medical cannabis cardholder receives the shipment or the medical cannabis courier returns the shipment to the home delivery medical cannabis pharmacy in accordance with Subsection (4); and
(ii)
ensure that only a medical cannabis courier agent is able to access the medical cannabis shipment until the recipient medical cannabis cardholder receives the shipment;
(b)
return any undelivered medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), after the medical cannabis courier has possessed the shipment for 10 business days; and
(c)
return any medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), if a medical cannabis cardholder refuses to accept the shipment.
(4)
(a)
If a medical cannabis courier or home delivery medical cannabis pharmacy agent returns an undelivered medical cannabis shipment that remains unopened, the home delivery medical cannabis pharmacy may repackage or otherwise reuse the shipment.
(b)
If a medical cannabis courier or home delivery medical cannabis pharmacy agent returns an undelivered or refused medical cannabis shipment under Subsection (3) that appears to be opened in any way, the home delivery medical cannabis pharmacy shall dispose of the shipment by:
(i)
rendering the shipment unusable and unrecognizable before transporting the shipment from the home delivery medical cannabis pharmacy; and
(ii)
disposing of the shipment in accordance with:
(A)
federal and state laws, rules, and regulations related to hazardous waste;
(B)
the Resource Conservation and Recovery Act, 42 U.S.C. § 6991 et seq.;
Renumbered and Amended by Chapter 307, 2023 General Session Amended by Chapter 307, 2023 General Session, (Coordination Clause) Amended by Chapter 317, 2023 General Session
