4-41a-1203. Medical cannabis shipment transportation.
(1)
The department shall ensure that each home delivery medical cannabis pharmacy is capable of delivering, directly or through a medical cannabis courier, medical cannabis shipments in a secure manner.
Contract: A legal written agreement that becomes binding when signed.
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
the department licenses in accordance with Section 4-41a-1201; and (b) contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 4-41a-102
Medical cannabis pharmacy agent: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
Medical cannabis shipment: means a shipment of medical cannabis or a medical cannabis product that a home delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery address to fulfill an electronic medical cannabis order that the state central patient portal facilitates. See Utah Code 4-41a-102
Oversight: Committee review of the activities of a Federal agency or program.
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
(2)
(a)
A home delivery medical cannabis pharmacy may contract with a licensed medical cannabis courier to deliver medical cannabis shipments to fulfill electronic medical cannabis orders that the state central patient portal facilitates.
(b)
If a home delivery medical cannabis pharmacy enters into a contract described in Subsection (2)(a), the pharmacy shall:
(i)
impose security and personnel requirements on the medical cannabis courier sufficient to ensure the security and safety of medical cannabis shipments; and
(ii)
provide regular oversight of the medical cannabis courier.
(3)
Notwithstanding Subsection 4-41a-404(1), an individual may transport a medical cannabis shipment if the individual is:
(a)
a registered pharmacy medical provider;
(b)
a registered medical cannabis pharmacy agent; or
(c)
a registered agent of the medical cannabis courier described in Subsection (2).
(4)
An individual transporting a medical cannabis shipment under Subsection (3) shall comply with the requirements of Subsection 4-41a-404(3).
(5)
In addition to the requirements in Subsections (3) and (4), the department may establish by rule, in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements for transporting medical cannabis shipments that are related to safety for human consumption of cannabis or a cannabis product.
(6)
(a)
It is unlawful for an individual to transport a medical cannabis shipment with a manifest that does not meet the requirements of Subsection (4).
(b)
Except as provided in Subsection (6)(d), an individual who violates Subsection (6)(a) is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(c)
An individual who is guilty of a violation described in Subsection (6)(b) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (6)(b).
(d)
If the individual described in Subsection (6)(a) is transporting more cannabis, cannabis product, or medical cannabis devices than the manifest identifies, except for a de minimis administrative error:
Renumbered and Amended by Chapter 273, 2023 General Session Amended by Chapter 307, 2023 General Session, (Coordination Clause) Renumbered and Amended by Chapter 307, 2023 General Session
