4-41a-302. Cannabis production establishment agent registration card — Rebuttable presumption.
(1)
A cannabis production establishment agent whom the department registers under Section 4-41a-301 shall carry the individual’s cannabis production establishment agent registration card with the agent at all times when:
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
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 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
Conviction: A judgement of guilt against a criminal defendant.
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
Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a)
the agent is on the premises of a cannabis production establishment where the agent is registered;
(b)
the agent is transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device between:
(i)
two cannabis production establishments; or
(ii)
a cannabis production establishment and a medical cannabis pharmacy; and
(c)
if the cannabis production establishment agent is an agent of a cannabis cultivation facility, the agent is transporting raw cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory.
(2)
If a cannabis processing facility agent possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device and produces the registration card in the agent’s possession in compliance with Subsection (1) while handling, at a cannabis production establishment, or transporting the cannabis, cannabis product, or medical cannabis device in compliance with Subsection (1):
(a)
there is a rebuttable presumption that the agent possesses the cannabis, cannabis product, or medical cannabis device legally; and
(b)
a law enforcement officer does not have probable cause, based solely on the agent’s possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis device in compliance with Subsection (1), to believe that the individual is engaging in illegal activity.
(3)
(a)
A cannabis production establishment agent who fails to carry the agent’s cannabis production establishment agent registration card in accordance with Subsection (1) is:
(i)
for a first or second offense in a two-year period:
(A)
guilty of an infraction; and
(B)
subject to a $100 fine; or
(ii)
for a third or subsequent offense in a two-year period:
(A)
guilty of a class C misdemeanor; and
(B)
subject to a $750 fine.
(b)
(i)
The prosecuting entity shall notify the department and the relevant cannabis production establishment of each conviction under Subsection (3)(a).
(ii)
For each violation described in Subsection (3)(a)(ii), the department may assess the relevant cannabis production establishment a fine of up to $5,000, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
An individual who is guilty of a violation described in Subsection (3)(a) is not guilty for a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (3)(a).
