4-41a-301. Cannabis production establishment agent — Registration.
(1)
An individual may not act as a cannabis production establishment agent unless the department registers the individual as a cannabis production establishment agent, regardless of whether the individual is a seasonal, temporary, or permanent employee.
Cannabis cultivation facility: means a person that:
(a)
possesses cannabis;
(b)
grows or intends to grow cannabis; and
(c)
sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee. See Utah Code 4-41a-102
Cannabis cultivation facility agent: means an individual who: holds a valid cannabis production establishment agent registration card with a cannabis cultivation facility designation. See Utah Code 4-41a-102
Cannabis processing facility: means a person that:
(a)
acquires or intends to acquire cannabis from a cannabis production establishment;
(b)
possesses cannabis with the intent to manufacture a cannabis product;
(c)
manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and
(d)
sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee. See Utah Code 4-41a-102
Cannabis processing facility agent: means an individual who: holds a valid cannabis production establishment agent registration card with a cannabis processing facility designation. See Utah Code 4-41a-102
Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102
Cannabis production establishment agent: means a cannabis cultivation facility agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent. See Utah Code 4-41a-102
Cannabis production establishment agent registration card: means a registration card that the department issues that:
(a)
authorizes an individual to act as a cannabis production establishment agent; and
(b)
designates the type of cannabis production establishment for which an individual is authorized to act as an agent. See Utah Code 4-41a-102
Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
Independent cannabis testing laboratory: includes a laboratory that the department or a research university operates in accordance with Subsection 4-41a-201(14). See Utah Code 4-41a-102
Independent cannabis testing laboratory agent: means an individual who: holds a valid cannabis production establishment agent registration card with an independent cannabis testing laboratory designation. 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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Qualified 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
(2)
The following individuals, regardless of the individual’s status as a qualified medical provider, may not serve as a cannabis production establishment agent, have a financial or voting interest of 2% or greater in a cannabis production establishment, or have the power to direct or cause the management or control of a cannabis production establishment:
An independent cannabis testing laboratory agent may not act as an agent for a medical cannabis pharmacy, a medical cannabis courier, a cannabis processing facility, or a cannabis cultivation facility.
(4)
(a)
The department shall, within 15 business days after the day on which the department receives a complete application from a prospective cannabis production establishment agent, register and issue a cannabis production establishment agent registration card to the prospective agent if the prospective agent:
(i)
provides to the department:
(A)
the prospective agent’s name and address;
(B)
which cannabis production establishment agent designations the applicant desires; and
(C)
the submission required under Subsection (4)(b); and
(ii)
pays a fee to the department in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504.
(b)
Each prospective agent described in Subsection (4)(a) shall:
(i)
submit to the department:
(A)
a fingerprint card in a form acceptable to the Department of Public Safety; and
(B)
a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the prospective agent’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service; and
(ii)
consent to a fingerprint background check by:
(A)
the Bureau of Criminal Identification; and
(B)
the Federal Bureau of Investigation.
(c)
The Bureau of Criminal Identification shall:
(i)
check the fingerprints the prospective agent submits under Subsection (4)(b) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;
(ii)
report the results of the background check to the department;
(iii)
maintain a separate file of fingerprints that prospective agents submit under Subsection (4)(b) for search by future submissions to the local and regional criminal records databases, including latent prints;
(iv)
request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(v)
establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.
(d)
The department shall:
(i)
assess an individual who submits fingerprints under Subsection (4)(b) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and
(ii)
remit the fee described in Subsection (4)(d)(i) to the Bureau of Criminal Identification.
(5)
(a)
The department shall designate, on an individual’s cannabis production establishment agent registration card the type of cannabis production establishment for which the individual is authorized to act as an agent.
(b)
When issuing a card under Subsection (5)(a) the department:
(i)
may issue a cannabis production establishment agent registration card that contains both a cannabis processing facility designation and a cannabis cultivator facility designation; and
(ii)
if the cannabis production establishment agent registration card will contain an independent cannabis testing laboratory designation, may not include any other designations.
(6)
A cannabis production establishment agent shall comply with:
(a)
a certification standard that the department develops; or
(b)
a certification standard that the department has reviewed and approved.
(7)
(a)
The department shall ensure that the certification standard described in Subsection (6) includes training:
(i)
in Utah medical cannabis law;
(ii)
for a cannabis cultivation facility agent, in cannabis cultivation best practices;
(iii)
for a cannabis processing facility agent, in cannabis processing, manufacturing safety procedures for items for human consumption, and sanitation best practices; and
(iv)
for an independent cannabis testing laboratory agent, in cannabis testing best practices.
(b)
The department shall review the training described in Subsection (7)(a) annually or as often as necessary to ensure compliance with this section.
(8)
For an individual who holds or applies for a cannabis production establishment agent registration card:
(a)
the department may revoke or refuse to issue the card if the individual violates the requirements of this chapter; and
(b)
the department shall revoke or refuse to issue the card if the individual is convicted under state or federal law of:
(i)
a felony; or
(ii)
after December 3, 2018, a misdemeanor for drug distribution.
(9)
(a)
A cannabis production establishment agent registration card expires two years after the day on which the department issues the card.
(b)
A cannabis production establishment agent may renew the agent’s registration card if the agent:
(i)
is eligible for a cannabis production establishment registration card under this section;
(ii)
certifies to the department in a renewal application that the information in Subsection (4)(a) is accurate or updates the information; and
(iii)
pays to the department a renewal fee in an amount that:
(A)
subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and
(B)
may not exceed the cost of the relatively lower administrative burden of renewal in comparison to the original application process.
(10)
A cannabis production establishment shall:
(a)
maintain a list of each employee that holds a cannabis production establishment agent registration card; and
