Effective 7/1/2023
4-41a-1201. Medical cannabis home delivery designation.
| (1) |
The department may designate a medical cannabis pharmacy as a home delivery medical cannabis pharmacy if the department determines that the medical cannabis pharmacy‘s operating plan demonstrates the functional and technical ability to:
Terms Used In Utah Code 4-41a-1201- Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
- Cannabis product: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
- Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
- 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 4-41a-102
- Medical cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
- Medical cannabis pharmacy: 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
| (a) |
safely conduct transactions for medical cannabis shipments; |
| (b) |
accept electronic medical cannabis orders that the state central patient portal facilitates; and |
| (c) |
accept payments through:
| (i) |
a payment provider that the Division of Finance approves, in consultation with the state treasurer, in accordance with Section 26-61a-603; or |
| (ii) |
a financial institution in accordance with Subsection 26-61a-603(4). |
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| (2) |
An applicant seeking a designation as a home delivery medical cannabis pharmacy shall identify in the applicant’s operating plan any information relevant to the department’s evaluation described in Subsection (1), including:
| (a) |
the name and contact information of the payment provider; |
| (b) |
the nature of the relationship between the prospective licensee and the payment provider; |
| (c) |
the processes of the following to safely and reliably conduct transactions for medical cannabis shipments:
| (i) |
the prospective licensee; and |
| (ii) |
the electronic payment provider or the financial institution described in Subsection (1)(c); and |
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| (d) |
the ability of the licensee to comply with the department’s rules regarding the secure transportation and delivery of medical cannabis or medical cannabis product to a medical cannabis cardholder. |
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| (3) |
Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that the department designates as a home delivery medical cannabis pharmacy may deliver medical cannabis shipments in accordance with this part. |
Enacted by Chapter 273, 2023 General Session
