4-41a-901.  Academic medical cannabis research — License.

(1)  A medical cannabis research licensee may, subject to department rules described in Subsection (4), obtain from a cannabis production establishment or a medical cannabis pharmacy, and possess cannabis for academic medical cannabis research.

Terms Used In Utah Code 4-41a-901

  • 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
  • Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
  • Medical cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis pharmacy: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis research license: means a license that the department issues to a research university for the purpose of obtaining and possessing medical cannabis for academic research. See Utah Code 4-41a-102
  • Medical cannabis research licensee: means a research university that the department licenses to obtain and possess medical cannabis for academic research, in accordance with Section 4-41a-901. See Utah Code 4-41a-102
  • Research university: means the same as that term is defined in Section 53B-7-702 and a private, nonprofit college or university in the state that:
(a) is accredited by the Northwest Commission on Colleges and Universities;
(b) grants doctoral degrees; and
(c) has a laboratory containing or a program researching a schedule I controlled substance described in Section 58-37-4. See Utah Code 4-41a-102
(2)  The department shall license a research university to obtain and possess cannabis for the purpose of academic medical cannabis research if the research university submits to the department:

(a)  the location where the research university intends to conduct the research;

(b)  the research university’s research plan; and

(c)  the name of the principal investigator of the research university who will:

(i)  supervise the procurement, possession, and security of cannabis and cannabis product; and

(ii)  oversee the academic research.

(3)  The department shall maintain a list of each medical cannabis research licensee.

(4)  The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

(a)  establish requirements for a licensee to:

(i)  participate in academic medical cannabis research;

(ii)  obtain from a cannabis production establishment, and possess, cannabis for academic medical cannabis research; and

(b)  set sampling and testing procedures.

(5)  A medical cannabis research licensee shall provide to the department written consent allowing a representative of the department and local law enforcement to enter all premises where the licensee possesses or stores cannabis for the purpose of:

(a)  conducting a physical inspection; or

(b)  ensuring compliance with the requirements of this chapter.

(6)  An individual who has been convicted of a drug related felony within the last 10 years may not obtain, possess, or conduct any research on cannabis under a medical cannabis research licensee’s license under this part.

(7)  The department may set a fee, in accordance with Subsection 4-2-103(2), for the application for a medical cannabis research license.

Amended by Chapter 350, 2021 General Session