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 courier agent: means an individual who:
(a)
is an employee of a medical cannabis courier; and
(b)
who holds a valid medical cannabis courier agent registration card. 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
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a)
The department may, for a medical cannabis pharmacy’s or a medical cannabis courier‘s violation of this chapter or an applicable administrative rule:
(i)
revoke the medical cannabis pharmacy or medical cannabis courier license;
(ii)
refuse to renew the medical cannabis pharmacy or medical cannabis courier license; or
(iii)
assess the medical cannabis pharmacy or medical cannabis courier an administrative penalty.
(b)
The department may, for a medical cannabis pharmacy agent‘s or medical cannabis courier agent‘s violation of this chapter:
(i)
revoke the medical cannabis pharmacy agent or medical cannabis courier agent registration card;
(ii)
refuse to renew the medical cannabis pharmacy agent or medical cannabis courier agent registration card; or
(iii)
assess the medical cannabis pharmacy agent or medical cannabis courier agent an administrative penalty.
(2)
The department shall deposit an administrative penalty imposed under this section into the General Fund.
(3)
For a person subject to an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding under this section, the department may:
(a)
for a fine amount not already specified in law, assess the person a fine of up to $5,000 per violation, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(b)
order the person to cease and desist from the action that creates a violation.
(4)
The department may not revoke a medical cannabis pharmacy’s license or a medical cannabis courier’s license without first directing the medical cannabis pharmacy or the medical cannabis courier to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(5)
If, within 20 calendar days after the day on which the department issues a citation for a violation of this chapter, the person that is the subject of the citation fails to request a hearing to contest the citation, the citation becomes the department’s final order.
(6)
The department may, for a person who fails to comply with a citation under this section:
(a)
refuse to issue or renew the person’s license or agent registration card; or
(b)
suspend, revoke, or place on probation the person’s license or agent registration card.
(7)
(a)
Except where a criminal penalty is expressly provided for a specific violation of this chapter, if an individual violates a provision of this chapter, the individual is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(b)
An individual who is guilty of a violation described in Subsection (7)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (7)(a).
Renumbered and Amended by Chapter 273, 2023 General Session Renumbered and Amended by Chapter 307, 2023 General Session Amended by Chapter 307, 2023 General Session, (Coordination Clause)
