4-41a-401. Cannabis production establishment — General operating requirements.
| (1) |
Terms Used In Utah Code 4-41a-401- 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
- 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
- Department: means the Department of Agriculture and Food. 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
- 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) |
A cannabis production establishment shall operate in accordance with the operating plan described in Sections 4-41a-201 and 4-41a-204. |
| (b) |
A cannabis production establishment shall notify the department before a change in the cannabis production establishment’s operating plan. |
| (c) |
| (i) |
If a cannabis production establishment changes the cannabis production establishment’s operating plan, the establishment shall ensure that the new operating plan complies with this chapter. |
| (ii) |
The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to:
| (A) |
review a change notification described in Subsection (1)(b); |
| (B) |
identify for the cannabis production establishment each point of noncompliance between the new operating plan and this chapter; |
| (C) |
provide an opportunity for the cannabis production establishment to address each identified point of noncompliance; and |
| (D) |
suspend or revoke a license if the cannabis production establishment fails to cure the noncompliance. |
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| (2) |
A cannabis production establishment shall operate:
| (a) |
except as provided in Subsection (5), in a facility that is accessible only by an individual with a valid cannabis production establishment agent registration card issued under Section 4-41a-301; and |
| (b) |
at the physical address provided to the department under Section 4-41a-201. |
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| (3) |
A cannabis production establishment may not employ an individual who is younger than 21 years old. |
| (4) |
A cannabis production establishment may not employ an individual who has been convicted, under state or federal law, of:
| (b) |
after December 3, 2018, a misdemeanor for drug distribution. |
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| (5) |
A cannabis production establishment may authorize an individual who is at least 18 years old and is not a cannabis production establishment agent to access the cannabis production establishment if the cannabis production establishment:
| (a) |
tracks and monitors the individual at all times while the individual is at the cannabis production establishment; and |
| (b) |
maintains a record of the individual’s access, including arrival and departure. |
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| (6) |
A cannabis production establishment shall operate in a facility that has:
| (a) |
a single, secure public entrance; |
| (b) |
a security system with a backup power source that:
| (i) |
detects and records entry into the cannabis production establishment; and |
| (ii) |
provides notice of an unauthorized entry to law enforcement when the cannabis production establishment is closed; and |
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| (c) |
a lock or equivalent restrictive security feature on any area where the cannabis production establishment stores cannabis or a cannabis product. |
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Renumbered and Amended by Chapter 1, 2018 Special Session 3
