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 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
Delivery address: means :
(a)
for a medical cannabis cardholder who is not a facility, the medical cannabis cardholder's home address; or
(b)
for a medical cannabis cardholder that is a facility, the facility's address. 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
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 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
Medical cannabis treatment: 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)
Except as provided in 12, the following individuals may transport cannabis or a cannabis product under this chapter:
(i)
a cannabis production establishment agent;
(ii)
a medical cannabis cardholder who is transporting a medical cannabis treatment that the cardholder is authorized to possess under this chapter;
(iii)
a registered medical cannabis pharmacy agent;
(iv)
a registered medical cannabis courier agent; and
(v)
a registered pharmacy medical provider.
(b)
Only an agent of a cannabis cultivation facility, when the agent is transporting cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory, may transport unprocessed cannabis outside of a medicinal dosage form.
(2)
Except for an individual with a valid medical cannabis card under 2, who is transporting a medical cannabis treatment, an individual transporting cannabis or a cannabis product shall:
(a)
be employed by the entity licensed under this chapter that is authorizing the transportation of the cannabis or cannabis product; and
(b)
possess a transportation manifest that:
(i)
includes a unique identifier that links the cannabis or cannabis product to a relevant inventory control system;
(ii)
includes origin and destination information for any cannabis or cannabis product that the individual is transporting; and
(iii)
identifies the departure and arrival times and locations of the individual transporting the cannabis or cannabis product.
(3)
(a)
In addition to the requirements in Subsections (1) and (2), the department may establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements for transporting cannabis or cannabis product to ensure that the cannabis or cannabis product remains safe for human consumption.
(b)
The transportation described in Subsection (3)(a) is limited to transportation:
(i)
between a cannabis production establishment and another cannabis production establishment;
(ii)
between a cannabis processing facility and a medical cannabis pharmacy; and
(iii)
a medical cannabis pharmacy and:
(A)
another medical cannabis pharmacy; or
(B)
for a medical cannabis shipment, a delivery address.
(4)
(a)
It is unlawful for a registered cannabis production establishment agent to make a transport described in this section with a manifest that does not meet the requirements of this section.
(b)
Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(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 (4)(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 (4)(b).
(d)
If the agent described in Subsection (4)(a) is transporting more cannabis or cannabis product than the manifest identifies, except for a de minimis administrative error:
(i)
the penalty described in Subsection (4)(b) does not apply; and
Nothing in this section prevents the department from taking administrative enforcement action against a cannabis production establishment, medical cannabis pharmacy, medical cannabis courier, or another person for failing to make a transport in compliance with the requirements of this section.
(6)
An individual other than an individual described in Subsection (1) may transport a medical cannabis device within the state if the transport does not also contain medical cannabis.
Amended by Chapter 273, 2023 General Session Amended by Chapter 313, 2023 General Session Amended by Chapter 327, 2023 General Session
