Recommending medical provider: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
A medical cannabis pharmacy may not sell a product other than:
(i)
cannabis in a medicinal dosage form that the medical cannabis pharmacy acquired from another medical cannabis pharmacy or a cannabis processing facility that is licensed under Section 4-41a-201;
(ii)
a cannabis product in a medicinal dosage form that the medical cannabis pharmacy acquired from another medical cannabis pharmacy or a cannabis processing facility that is licensed under Section 4-41a-201;
(iii)
a medical cannabis device; or
(iv)
educational material related to the medical use of cannabis.
(b)
A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to an individual with:
(i)
(A)
a medical cannabis card; or
(B)
a Department of Health and Human Services registration described in Subsection 26B-4-213(10); and
(ii)
a corresponding government issued photo identification.
(c)
Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a cannabis-based drug that the United States Food and Drug Administration has approved.
(d)
Notwithstanding Subsection (1)(b), a medical cannabis pharmacy may not sell a medical cannabis device or medical cannabis product to an individual described in Subsection 26B-4-213(2)(a)(i)(B) or to a minor described in Subsection 26B-4-213(2)(c) unless the individual or minor has the approval of the Compassionate Use Board in accordance with Subsection 26B-1-421(5).
(2)
A medical cannabis pharmacy:
(a)
may dispense to a medical cannabis cardholder, in any one 28-day period, up to the legal dosage limit of:
(i)
unprocessed cannabis that:
(A)
is in a medicinal dosage form; and
(B)
carries a label clearly displaying the amount of tetrahydrocannabinol and cannabidiol in the cannabis; and
(ii)
a cannabis product that is in a medicinal dosage form; and
(b)
may not dispense:
(i)
more medical cannabis than described in Subsection (2)(a); or
(ii)
to an individual whose recommending medical provider did not recommend directions of use and dosing guidelines, until the individual consults with the pharmacy medical provider in accordance with Subsection 26B-4-231(5) any medical cannabis.
(3)
(a)
A medical cannabis pharmacy shall:
(i)
(A)
access the state electronic verification system before dispensing cannabis or a cannabis product to a medical cannabis cardholder in order to determine if the cardholder or, where applicable, the associated patient has met the maximum amount of medical cannabis described in Subsection (2); and
(B)
if the verification in Subsection (3)(a)(i) indicates that the individual has met the maximum amount described in Subsection (2), decline the sale, and notify the recommending medical provider who made the underlying recommendation;
(ii)
submit a record to the state electronic verification system each time the medical cannabis pharmacy dispenses medical cannabis to a medical cannabis cardholder;
(iii)
ensure that the pharmacy medical provider who is a licensed pharmacist reviews each medical cannabis transaction before dispensing the medical cannabis to the cardholder in accordance with pharmacy practice standards;
(iv)
package any medical cannabis that is in a container that:
(A)
complies with Subsection 4-41a-602(1)(b) or, if applicable, provisions related to a container for unprocessed cannabis flower in the definition of “medicinal dosage form” in Section 26B-4-201;
(B)
is tamper-resistant and tamper-evident; and
(C)
provides an opaque bag or box for the medical cannabis cardholder’s use in transporting the container in public;
(v)
for a product that is a cube that is designed for ingestion through chewing or holding in the mouth for slow dissolution, include a separate, off-label warning about the risks of over-consumption; and
(vi)
beginning January 1, 2024, for a cannabis product that is cannabis flower, vaporizer cartridges, or concentrate, provide the product’s terpene profiles collected under Subsection 4-41a-602(4) at or before the point of sale.
(b)
A medical cannabis cardholder transporting or possessing the container described in Subsection (3)(a)(iv) in public shall keep the container within the opaque bag or box that the medical cannabis pharmacist provides.
(4)
(a)
Except as provided in Subsection (4)(b), a medical cannabis pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device that is intentionally designed or constructed to resemble a cigarette.
(b)
A medical cannabis pharmacy may sell a medical cannabis device that warms cannabis material into a vapor without the use of a flame and that delivers cannabis to an individual’s respiratory system.
(5)
(a)
A medical cannabis pharmacy may not give, at no cost, a product that the medical cannabis pharmacy is allowed to sell under Subsection (1)(a)(i), (ii), or (iii).
(b)
A medical cannabis pharmacy may give, at no cost, educational material related to the medical use of cannabis.
(6)
A medical cannabis pharmacy may purchase and store medical cannabis devices regardless of whether the seller has a cannabis-related license under this chapter or Title 26B, Utah Health and Human Services Code.
Renumbered and Amended by Chapter 273, 2023 General Session 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
