SB 121 — Medical Cannabis Program Amendments

(A) the department issues at least two licenses to independent cannabis testing laboratories;- 7 - S.B.

121 Enrolled Copy laboratories;

(b)(b)(i) (i) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish performance standards for the operation of an independent cannabis testing laboratory, including deadlines for testing completion.

(15)(15)(a) - 8 - SB0121 compared with SB0121S01 (a) A cannabis production establishment license is not transferrable or assignable.

4-41a-501.- 8 - Enrolled Copy S.B.

121 4-41a-501 .

-(5)(a) 9 - SB0121 compared with SB0121S01 (5) (a) A cannabis cultivation facility may[ utilize radiation-based methods and equipment] , for quality assurance or remediation purposes, use methods and equipment as approved bytheby department through rule{} the department through rule.

4-41a-602.4-41a-602 .

(a)- label9 the- cannabisS.B. or cannabis product with a label that:

121 Enrolled Copy (a) label the cannabis or cannabis product with a label that:

- 10 - SB0121 compared with SB0121S01 (i) is tamper evident and tamper resistant;

Do not operate a vehicle or machinery under- its10 influence.- Enrolled Copy S.B.

121 under its influence.

(2)(2)(a) (a) [To ] Except as provided in Subsection (2)(b), to ensure that a cannabis product that a cannabis processing facility processes or produces has a medical rather than recreational disposition, the facility may not produce or process a product whose logo, product name, or brand name includes terms related to recreational marijuana, including "weed," "pot," "reefer," "grass," "hash," "ganja," "Mary Jane," "high," "haze," "stoned," "joint," "bud," "smoke," "euphoria," "dank," "doobie," "kush," "frost," "cookies," "rec," "bake," "blunt," "combust," "bong," "budtender," "dab," "blaze," "toke," or "420." (b) A product name may contain the word "hash." (3) For any cannabis or cannabis product that the cannabis processing facility processes into a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape, the facility shall:

- 11 - SB0121 compared with SB0121S01 (a) ensure that the label described in Subsection (1)(a) does not contain a photograph or other image of the content of the container;

(A)- complies11 with- theS.B. requirements of this section;

121 Enrolled Copy (A) complies with the requirements of this section;

4-41a-1001.4-41a-1001 .

(2)(2)(a)(i) (a) - 12 - SB0121 compared with SB0121S01 (i) Subject to Subsections (4) and (5) and to Section 4-41a-1005, the licensing board shall issue a license to operate a medical cannabis pharmacy.

(B) for a privately held company, a financial or voting interest in the proposed medical- cannabis12 pharmacy;- Enrolled Copy S.B.

121 medical cannabis pharmacy;

-(c)(i) 13 - SB0121 compared with SB0121S01 (c) (i) A person may not locate a medical cannabis pharmacy:

(iii) The licensing board may grant a waiver to reduce the proximity requirements in Subsection (2)(c)(2)(c)(i) (i) by up to 20% if the department determines that it is not reasonably feasible for the applicant to site the proposed medical cannabis pharmacy without the waiver.

(d)- The13 licensing- boardS.B. may not issue a license to an eligible applicant that the department has selected to receive a license until the selected eligible applicant complies with the bond or liquid cash requirement described in Subsection (2)(b)(iii).

121 Enrolled Copy (d) The licensing board may not issue a license to an eligible applicant that the department has selected to receive a license until the selected eligible applicant complies with the bond or liquid cash requirement described in Subsection (2)(b)(iii).

(3)(3)(a) (a) After an entity has been selected for a medical cannabis pharmacy license under this section, the department shall:

and - 14 - SB0121 compared with SB0121S01 (iii) charge the licensee a fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504, for any change in location, ownership, or company structure.

(a)- if14 the- medicalEnrolled cannabisCopy pharmacyS.B. does not begin operations within one year after the day on which the department issues an announcement of the department's intent to award a license to the medical cannabis pharmacy;

121 (a) if the medical cannabis pharmacy does not begin operations within one year after the day on which the department issues an announcement of the department's intent to award a license to the medical cannabis pharmacy;

- 15 - SB0121 compared with SB0121S01 (e) if the medical cannabis pharmacy demonstrates a willful or reckless disregard for the requirements of this chapter or the rules the department makes in accordance with this chapter;

(7)(7)(a) (a) A person who receives a medical cannabis pharmacy license under this chapter, if the municipality or county where the licensed medical cannabis pharmacy will be located requires a local land use permit, shall submit to the department a copy of the licensee's approved application for the land use permit within 120 days after the day on which the department issues the license.

(9)- (a)15 The- licensingS.B. board's authority to issue a license under this section is plenary and is not subject to review.

121 Enrolled Copy (9)(a) The licensing board's authority to issue a license under this section is plenary and is not subject to review.

(10)(10)(a) (a) A medical cannabis pharmacy license is not transferrable or assignable.

- 16 - SB0121 compared with SB0121S01 (ii) within [30] 60 days of the submission of the application, the licensing board shall:

4-41a-1101.4-41a-1101 .

(1)(1)(a) (a) A medical cannabis pharmacy shall operate:

and (b)- except16 as- providedEnrolled inCopy SubsectionS.B. (4):

121 (b) except as provided in Subsection (4):

(4) Notwithstanding Subsection [(2)(a)] (2)(b), a medical cannabis pharmacy may authorize an individual who is not a medical cannabis pharmacy agent or pharmacy medical provider to access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and monitors the individual - 17 - SB0121 compared with SB0121S01 at all times while the individual is at the medical cannabis pharmacy and maintains a record of the individual's access.

(9)(9)(a) (a) Each medical cannabis pharmacy shall retain in the pharmacy's records the following information regarding each recommendation underlying a transaction:

(iii)- the17 date- ofS.B. issuance;

121 Enrolled Copy (iii) the date of issuance;

(b)(b)(i) (i) Except as provided in Subsection (9)(b)(iii), a medical cannabis pharmacy may not sell medical cannabis unless the medical cannabis has a label securely affixed to the container indicating the following minimum information:

- 18 - SB0121 compared with SB0121S01 (B) the unique identification number that the medical cannabis pharmacy assigns;

(B)- the18 suggested- useEnrolled date;Copy S.B.

121 (B) the suggested use date;

- 19 - SB0121 compared with SB0121S01 (i) for a written order or an electronic order under circumstances that the department determines, contact the recommending medical provider or the recommending medical provider's office to verify the validity of the recommendation;

(11)(11)(a) (a) A medical cannabis pharmacy may create a medical cannabis disposal program that allows an individual to deposit unused or excess medical cannabis or cannabis residue from a medical cannabis device in a locked box or other secure receptacle within the medical cannabis pharmacy.

(c)- A19 medical- cannabisS.B. pharmacy shall dispose of any deposited medical cannabis by:

121 Enrolled Copy (c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis by:

- 20 - SB0121 compared with SB0121S01 (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act;

(d) shall designate one pharmacy medical provider described in Subsection (12)(a) as the pharmacist-in-pharmacist-in-charge charge to oversee the operation of and generally supervise the medical cannabis pharmacy;

(i) if a patient product information insert is available, shall provide a patient who purchases- a20 medical- cannabisEnrolled productCopy theS.B. medical cannabis product's patient product information insert using any of the following methods:

121 purchases a medical cannabis product the medical cannabis product's patient product information insert using any of the following methods:

or - 21 - SB0121 compared with SB0121S01 (iv) a quick response code;

4-41a-1106.4-41a-1106 .

(3)(3)(a) (a) The department shall, within 15 days after the day on which the department receives a complete application from a medical cannabis pharmacy on behalf of a prospective medical cannabis pharmacy agent, register and issue a medical cannabis pharmacy agent registration card to the prospective agent if the medical cannabis pharmacy:

and (ii) pays a fee to the department in an amount that, subject to Subsection 4-41a-104(5), the- department21 sets- inS.B. accordance with Section 63J-1-504.

121 Enrolled Copy the department sets in accordance with Section 63J-1-504.

and - 22 - SB0121 compared with SB0121S01 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service;

(4) A medical cannabis pharmacy agent shall comply with a certification standard that the department- develops22 in- collaborationEnrolled withCopy theS.B. Division of Professional Licensing and the Board of Pharmacy, or a third-party certification standard that the department designates by rule, in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

121 department develops in collaboration with the Division of Professional Licensing and the Board of Pharmacy, or a third-party certification standard that the department designates by rule, in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

- 23 - SB0121 compared with SB0121S01 (a) Utah medical cannabis law;

(7)(7)(a) (a) A medical cannabis pharmacy agent registration card expires two years after the day on which the department issues or renews the card.

[(8)[(8)(a) (a) As a condition precedent to registration and renewal of a medical cannabis pharmacy agent registration card, a medical cannabis pharmacy agent shall:] [(i) complete at least one hour of continuing education regarding patient privacy and federal health information privacy laws that is offered by the department under Subsection (8)(b) or an accredited or approved continuing education provider that the- department23 recognizes- asS.B. offering continuing education appropriate for the medical cannabis pharmacy practice;

and]121 [(ii)Enrolled makeCopy a continuing education report to the department inrecognizes accordanceas withoffering a process that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in collaboration with the Division of Professional Licensing and the Board of Pharmacy.] - 24 - SB0121 compared with SB0121S01 [(b) The department may, in consultation with the Division of Professional Licensing, develop the continuing education describedappropriate infor this Subsection (8).] [(c) The pharmacist-in-charge described in Section 26B-4-219 shall ensure that each medical cannabis pharmacy agent working in the medical cannabis pharmacy whopractice; has access to the state electronic verification system is in compliance with this Subsection (8).] [(d) A medical cannabis pharmacy agent may not access the electronic verification system following the termination of the medical cannabis pharmacy agent's employment.] [(9)] (8) A medical cannabis pharmacy shall:

and] [(ii) make a continuing education report to the department in accordance with a process that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in collaboration with the Division of Professional Licensing and the Board of Pharmacy.] [(b) The department may, in consultation with the Division of Professional Licensing, develop the continuing education described in this Subsection (8).] [(c) The pharmacist-in-charge described in Section 26B-4-219 shall ensure that each medical cannabis pharmacy agent working in the medical cannabis pharmacy who has access to the state electronic verification system is in compliance with this Subsection (8).] [(d) A medical cannabis pharmacy agent may not access the electronic verification system following the termination of the medical cannabis pharmacy agent's employment.] [(9)] (8) A medical cannabis pharmacy shall:

4-41a-1201.4-41a-1201 .

(b)- the24 nature- ofEnrolled theCopy relationshipS.B. between the prospective licensee and the payment provider;

(c)121 (b) the processesnature [ofof the following]relationship followedbetween tothe safelyprospective licensee and reliablythe conductpayment transactionsprovider; for medical cannabis shipments[:] {[(i)]} .

(c) the processes [of the following] followed to safely and reliably conduct transactions for medical cannabis shipments[:] .

and] - 25 - SB0121 compared with SB0121S01 (d) the ability of the licensee to comply with the department's rules regarding the secure transportation and delivery of medical cannabis to a medical cannabis cardholder.

4-41a-1204.4-41a-1204 .

(2)(2)(a) (a) The department shall, within 15 days after the day on which the department receives a complete application from a medical cannabis courier on behalf of a medical cannabis courier agent, register and issue a medical cannabis courier agent registration card to the prospective agent if the medical cannabis courier:

(b)- Each25 prospective- agentS.B. described in Subsection (2)(a) shall:

121 Enrolled Copy (b) Each prospective agent described in Subsection (2)(a) shall:

and - 26 - SB0121 compared with SB0121S01 (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service;

(3)(3)(a) (a) A medical cannabis courier agent shall comply with a certification standard that the department develops, in collaboration with the Division of Professional Licensing and- the26 Board- ofEnrolled Pharmacy,Copy orS.B. a third-party certification standard that the department designates by rule in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

-121 27and -the SB0121Board comparedof withPharmacy, SB0121S01or (b)a Thethird-party certification standard that the department shalldesignates ensureby thatrule in collaboration with the certificationDivision standardof describedProfessional Licensing and the Board of Pharmacy and in Subsectionaccordance (3)(a)with includesTitle training63G, in:Chapter 3, Utah Administrative Rulemaking Act.

(b) The department shall ensure that the certification standard described in Subsection (3)(a) includes training in:

(4)(4)(a) (a) A medical cannabis courier agent registration card expires two years after the day on which the department issues or renews the card.

(a)- there27 is- aS.B. rebuttable presumption that the agent possesses the shipment legally;

and121 -Enrolled 28Copy -(a) SB0121 compared with SB0121S01 (b) there is noa probablerebuttable cause,presumption basedthat solely on the agent'sagent possessionpossesses of the medical cannabis shipment thatlegally; the agent is engaging in illegal activity.

(8)and (a)(b) Athere is no probable cause, based solely on the agent's possession of the medical cannabis couriershipment that the agent whois violatesengaging Subsectionin (6)illegal is:activity.

(8)(a) A medical cannabis courier agent who violates Subsection (6) is:

4-41a-1205.4-41a-1205 .

and (ii)(ii)(A) (A) a valid medical cannabis card under the same name that appears on the government issued photo identification;

(2)(2)(a) - 29 - SB0121 compared with SB0121S01 (a) A medical cannabis pharmacy agent may not deliver a medical cannabis shipment on behalf of a home delivery medical cannabis pharmacy unless the medical cannabis pharmacy agent is currently employed by the home delivery medical cannabis pharmacy.

(b) A medical cannabis courier agent may not deliver a medical cannabis shipment on behalf of a medical cannabis courier unless the medical cannabis courier agent is currently- employed28 by- theEnrolled medicalCopy cannabisS.B. courier.

121 currently employed by the medical cannabis courier.

(a)(a)[(i)] [(i)] store each medical cannabis shipment in a secure manner until the recipient medical cannabis cardholder receives the shipment or the medical cannabis courier returns the shipment to the home delivery medical cannabis pharmacy in accordance with Subsection (4);

-(4)(a) 30 - SB0121 compared with SB0121S01 (4) (a) If a medical cannabis courier or home delivery medical cannabis pharmacy agent returns an undelivered medical cannabis shipment [that remains unopened, the home delivery- medical29 cannabis- pharmacyS.B. may repackage or otherwise reuse the shipment] before the home delivery medical cannabis pharmacy may repackage the medical cannabis in the returned medical cannabis shipment, the pharmacist at the home delivery medical cannabis pharmacy shall:

121 Enrolled Copy delivery medical cannabis pharmacy may repackage or otherwise reuse the shipment] before the home delivery medical cannabis pharmacy may repackage the medical cannabis in the returned medical cannabis shipment, the pharmacist at the home delivery medical cannabis pharmacy shall:

26B-1-310.26B-1-310 .

and - 31 - SB0121 compared with SB0121S01 (c) the interest described in Subsection (3).

(4)- Money30 deposited- intoEnrolled theCopy fundS.B. may only be used by:

121 (4) Money deposited into the fund may only be used by:

and (c) [the Department of Agriculture and Food for the one time purchase of equipment to meet the requirements described in Section 4-41a-204.1.] if there is remaining money in the fund balance on June 30 of each fiscal year after all other financial obligations under this Subsection (4) are met, the department shall provide up to $300,000 for expenditure the next fiscal year to the nonprofit contracting entity described in SectionS ection 26B-4-248.

26B-1-421.26B-1-421 .

(2)(2)(a) (a) The department shall establish a Compassionate Use Board consisting of:

and (C) who are board certified by the American Board of Medical Specialties or an American Osteopathic Association Specialty Certifying Board in the specialty of neurology, pain medicine and pain - 32 - SB0121 compared with SB0121S01 management, medical oncology, psychiatry, infectious disease, internal medicine, pediatrics, family medicine, or gastroenterology;

(b)- In31 appointing- theS.B. seven [qualified] recommending medical providers described in Subsection [(2)(a)] (2)(a)(i), the executive director shall ensure that at least two have a board certification in pediatrics.

(3)121 (a)Enrolled OfCopy the(b) membersIn ofappointing the Compassionateseven Use[qualified] Boardrecommending thatmedical providers described in Subsection [(2)(a)] (2)(a)(i), the executive director firstshall appoints:ensure that at least two have a board certification in pediatrics.

(3)(a) Of the members of the Compassionate Use Board that the executive director first appoints:

- 33 - SB0121 compared with SB0121S01 (A) recommends that the individual or minor be allowed to use medical cannabis;

and (B) provides a letter, relevant treatment history, and notes or copies of progress notes describing relevant treatment history including rationale for considering the- use32 of- medicalEnrolled cannabis;Copy S.B.

121 the use of medical cannabis;

(d) except as provided in Subsection (6), complete a review of each petition and recommend to the department approval or denial of the applicant for qualification for a medical cannabis card within 90 days after the day on which the board received the petition;

(7)(7)(a)(i) (a) (i) The department shall review:

- 34 - SB0121 compared with SB0121S01 (A) any compassionate use for which the Compassionate Use Board recommends approval under Subsection (5)(d) to determine whether the board properly exercised the board's discretion under this section;

and (B) any expedited petitions the department receives under the process described in Subsection- (6).33 - S.B.

121 Enrolled Copy Subsection (6).

26B-4-201.26B-4-201 .

- 35 - SB0121 compared with SB0121S01 (4) "Advisory board" means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435.

(5)- "Cannabis"34 means- marijuana.Enrolled Copy S.B.

121 (5) "Cannabis" means marijuana.

or (b)(b)(i) (i) a facility that an individual designates as a designated caregiver in accordance with Subsection 26B-4-214(1)(b);

- 36 - SB0121 compared with SB0121S01 (17) "Dosing guidelines" means a quantity range and frequency of administration for a recommended treatment of medical cannabis.

(18) "Government issued photo identification" means any of the following forms of identification:- 35 - S.B.

121 Enrolled Copy identification:

- 37 - SB0121 compared with SB0121S01 [(24)] (25) "Medical cannabis" or "medical cannabis product" means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form.

(a)- a36 holder- ofEnrolled aCopy medicalS.B. cannabis card;

121 (a) a holder of a medical cannabis card;

[(29)] (30)(30)(a) (a) "Medical cannabis device" means a device that an individual uses to ingest or inhale medical cannabis.

- 38 - SB0121 compared with SB0121S01 [(31)] (32) "Medical cannabis patient card" means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:

(a)(a)(i) (i) acquires or intends to acquire medical cannabis from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device;

or (ii)- possesses37 medical- cannabisS.B. or a medical cannabis device;

121 Enrolled Copy (ii) possesses medical cannabis or a medical cannabis device;

[(37)] (38)(38)(a) (a) "Medicinal dosage form" means:

- 39 - SB0121 compared with SB0121S01 (K) a suppository preparation;

(B) at any time the medical cannabis cardholder transports or possesses the container- in38 public,- isEnrolled containedCopy withinS.B. an opaque bag or box[ that the medical cannabis pharmacy provides];

121 container in public, is contained within an opaque bag or box[ that the medical cannabis pharmacy provides];

(i) any unprocessed cannabis flower outside of the container described in Subsection [(37)(a)(ii)][ (38)(37)(a)(ii)] (a)(ii),(38)(a)(ii), except as provided in Subsection [(37)(b)] (38)(b);

(ii) any unprocessed cannabis flower in a container described in Subsection [(37)(a)(ii)][ (37)(a)(ii)] (38)(a)(ii) after the legal use termination date;

- 40 - SB0121 compared with SB0121S01 [(39)] (40) "Patient product information insert" means a single page document or webpage that contains information about a medical cannabis product regarding:

(f)- safe39 storage;- S.B.

121 Enrolled Copy (f) safe storage;

and - 41 - SB0121 compared with SB0121S01 (c) every two years, provides an acknowledgment to the department that the individual completed four hours of continuing medical education.

(a)(a)(i) (i) has the authority to write a prescription;

and (b)- is40 licensed- as:Enrolled Copy S.B.

121 (b) is licensed as:

-26B-4-202 42. - SB0121 compared with SB0121S01 26B-4-202.

(b) coordinate with the Division of Purchasing and General Services, under Title 63G, Chapter 6a, Utah Procurement Code, to develop a request for proposals for a third-party provider to develop and maintain the state electronic verification system in- coordination41 with- theS.B. Division of Technology Services;

121 Enrolled Copy in coordination with the Division of Technology Services;

or (ii) the medical cannabis pharmacy completes the recording described in [Subsection (2)(2)(d)] (d)] Subsections (2)(d)(ii) and (iii);

- 43 - SB0121 compared with SB0121S01 (ii) electronically recommend treatment with medical cannabis and optionally recommend dosing guidelines;

and (iv)- submit42 an- initialEnrolled application,Copy renewalS.B. application, or application payment on behalf of an individual applying for any of the following:

121 (iv) submit an initial application, renewal application, or application payment on behalf of an individual applying for any of the following:

- 44 - SB0121 compared with SB0121S01 (B) the quantity and type of medical cannabis or medical cannabis device purchased;

and (ii) any commercially available inventory control system that a cannabis production establishment- utilizes43 in- accordanceS.B. with Section 4-41a-103 to use data that the Department of Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to track and confirm compliance;

121 Enrolled Copy establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to track and confirm compliance;

and - 45 - SB0121 compared with SB0121S01 (i) creates a record each time a person accesses the system that identifies the person who accesses the system and the individual whose records the person accesses.

(3)(3)(a) (a) An employee of a recommending medical provider may access the electronic verification system for a purpose described in Subsection (2)(c) on behalf of the recommending medical provider if:

(i) the recommending medical provider has designated the employee as an individual authorized- to44 access- theEnrolled electronicCopy verificationS.B. system on behalf of the recommending medical provider;

121 authorized to access the electronic verification system on behalf of the recommending medical provider;

(4)(4)(a) (a) Subject to Subsection (4)(c), a medical cannabis pharmacy agent may access the electronic verification system for a purpose described in Subsection (2)(d) if:

- 46 - SB0121 compared with SB0121S01 (iii) the agent has completed the training described in Subsection (4)(a)(ii) within the previous two years;

(b) The pharmacist-in-charge shall ensure that each medical cannabis pharmacy agent working in the medical cannabis pharmacy who has access to the state electronic verification- system45 is- inS.B. compliance with Subsection (4)(a).

121 Enrolled Copy verification system is in compliance with Subsection (4)(a).

[(4)] (5)(5)(a) (a) As used in this Subsection [(4)] (5), "prescribing provider" means:

- 47 - SB0121 compared with SB0121S01 [(9)] (10)(10)(a) (a) Except as provided in [Subsections (9)(c) and] Subsection (9)(e) and Subsection (11), a person may not knowingly and intentionally use, release, publish, or otherwise make available to any other person information obtained from the state electronic verification system for any purpose other than a purpose specified in this section.

(b)- Each46 separate- violationEnrolled ofCopy [this]S.B. Subsection [(9)] (10) is:

121 (b) Each separate violation of [this] Subsection [(9)] (10) is:

26B-4-213.26B-4-213 .

(1)(1)(a) (a) Subject to Section 26B-4-246, within 15 days after the day on which an individual who satisfies the eligibility criteria in this section or Section 26B-4-214 submits an application in accordance - 48 - SB0121 compared with SB0121S01 with this section or Section 26B-4-214, the department shall[:] issue the appropriate card to the individual for which the individual applied.

and] [(iv) issue a medical cannabis caregiver card to an individual described in Subsection 26B-4-214(4).] (b)- (i)47 Upon- theS.B. entry of a recommending medical provider's medical cannabis recommendation for a patient in the state electronic verification system, either by the provider or the provider's employee or by a medical cannabis pharmacy medical provider or medical cannabis pharmacy in accordance with Subsection 4-41a-1101(10)(a), the department shall issue to the patient an electronic conditional medical cannabis card, in accordance with this Subsection (1)(b).

121 Enrolled Copy (b)(i) Upon the entry of a recommending medical provider's medical cannabis recommendation for a patient in the state electronic verification system, either by the provider or the provider's employee or by a medical cannabis pharmacy medical provider or medical cannabis pharmacy in accordance with Subsection 4-41a-1101(10)(a), the department shall issue to the patient an electronic conditional medical cannabis card, in accordance with this Subsection (1)(b).

(2)(2)(a) (a) An individual is eligible for a medical cannabis patient card if:

(i)(i)(A) (A) the individual is at least 21 years old;

- 49 - SB0121 compared with SB0121S01 (iii) the individual's recommending medical provider recommends treatment with medical cannabis in accordance with Subsection (4);

(b)(b)(i) (i) An individual is eligible for a medical cannabis guardian card if the individual:

(B)- is48 a- UtahEnrolled resident;Copy S.B.

(C)121 (I)(B) is the parent or legal guardian of a minorUtah forresident; whom the minor's recommending medical provider recommends a medical cannabis treatment, the individual petitions the Compassionate Use Board under Section 26B-1-421, and the Compassionate Use Board recommends department approval of the petition;

(C)(I) is the parent or legal guardian of a minor for whom the minor's recommending medical provider recommends a medical cannabis treatment, the individual petitions the Compassionate Use Board under Section 26B-1-421, and the Compassionate Use Board recommends department approval of the petition;

(c)(c)(i) (i) A minor is eligible for a provisional patient card if:

- 50 - SB0121 compared with SB0121S01 (C) one of the minor's parents or legal guardians petitions the Compassionate Use Board under Section 26B-1-421, and the Compassionate Use Board recommends department approval of the petition;

(d) If the parent or legal guardian [of a minor described in Subsections (2)(c)(i)(A) through (C) ]does not qualify for a medical cannabis guardian card under Subsection (2)(b), the parent or legal guardian may designate up to two caregivers in accordance with Subsection 26B-4-214(1)26B-4-214(1)(c)[ (c)[ to ensure that the minor has adequate and safe access- to49 the- recommendedS.B. medical cannabis treatment].

121 Enrolled Copy access to the recommended medical cannabis treatment].

(3)(3)(a) (a) An individual who is eligible for a medical cannabis card described in Subsection (2)(a) or (b) shall submit an application for a medical cannabis card to the department:

and - 51 - SB0121 compared with SB0121S01 (D) for a provisional patient card, the name of the [minor's ]parent or legal guardian who holds the associated medical cannabis guardian card.

(b)(b)(i) (i) If a recommending medical provider determines that, because of age, illness, or disability, a medical cannabis patient cardholder requires assistance in administering the medical cannabis treatment that the recommending medical provider recommends, the recommending medical provider may indicate the cardholder's need in the state electronic verification system, either directly or through the order described in Subsections 26B-4-204(1)(b) and (c).

(B) any adult who is 18 years old or older and who is physically present with the cardholder at the time the cardholder needs to use the recommended medical cannabis treatment may handle the medical cannabis treatment and any associated- medical50 cannabis- deviceEnrolled asCopy neededS.B. to assist the cardholder in administering the recommended medical cannabis treatment;

121 associated medical cannabis device as needed to assist the cardholder in administering the recommended medical cannabis treatment;

(4)(4)(a) (a) Except as provided in Subsection (4)(b), a recommending medical provider may not recommend medical cannabis to a patient through a virtual visit.

- 52 - SB0121 compared with SB0121S01 (i) is on hospice or has a terminal illness according to the patient's medical provider;

(B) review any record related to the patient and, for a minor patient, the patient's parent or legal guardian accessible to the recommending medical provider including- in51 the- controlledS.B. substance database created in Section 58-37f-201;

121 Enrolled Copy including in the controlled substance database created in Section 58-37f-201;

(5)(5)(a) (a) Except as provided in Subsection (5)(b) or (c), a medical cannabis card that the department issues under this section is valid for the lesser of:

(b)(b)(i) (i) A medical cannabis card that the department issues in relation to a terminal illness described in Section 26B-4-203 expires after one year.

- 53 - SB0121 compared with SB0121S01 (ii) The recommending medical provider may revoke a recommendation that the provider made in relation to a terminal illness described in Section 26B-4-203 if the medical cannabis cardholder no longer has the terminal illness.

(6)(6)(a) (a) A medical cannabis patient card or a medical cannabis guardian card is renewable if:

(i)- subject52 to- SubsectionEnrolled 26B-1-310(5),Copy theS.B. department sets in accordance with Section 63J-1-504;

121 (i) subject to Subsection 26B-1-310(5), the department sets in accordance with Section 63J-1-504;

(7)(7)(a) (a) A cardholder under this section shall carry the cardholder's valid medical cannabis card with the patient's name.

(b)(b)(i) (i) A medical cannabis patient cardholder or a provisional patient cardholder may purchase, in accordance with this part and the recommendation underlying the card, [cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form,] medical cannabis or a medical cannabis device.

- 54 - SB0121 compared with SB0121S01 (ii) A cardholder under this section may possess or transport, in accordance with this part and the recommendation underlying the card, [cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form,] medical cannabis or a medical cannabis device.

(8)(8)(a) (a) The department may revoke a medical cannabis card that the department issues under this section if:

(9)- The53 department- shallS.B. establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to provide information regarding the following to an individual receiving a medical cannabis card:

121 Enrolled Copy (9) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to provide information regarding the following to an individual receiving a medical cannabis card:

(11)(11)(a) (a) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to allow an individual from another state to register with - 55 - SB0121 compared with SB0121S01 the department in order to purchase medical cannabis or a medical cannabis device from a medical cannabis pharmacy while the individual is visiting the state.

(12)(12)(a) (a) A person may submit to the department a request to conduct a research study using medical cannabis cardholder data that the state electronic verification system contains.

and (iii) that the individual may withdraw consent for the use of the individual's information- for54 external- researchEnrolled atCopy anyS.B. time, including at the time of application.

121 information for external research at any time, including at the time of application.

(e) The department may release, for the purposes of a study described in this Subsection (12), information about a cardholder under this section who consents to participate under Subsection (12)(12)(c). (c).

- 56 - SB0121 compared with SB0121S01 (13) The department shall record the issuance or revocation of a medical cannabis card under this section in the controlled substance database.

26B-4-214.26B-4-214 .

(1)(1)(a) (a) A [cardholder described in Section 26B-4-213] medical cannabis patient cardholder or medical cannabis guardian cardholder may designate up to two individuals, or an individual and a facility in accordance with Subsection (1)(b), to serve as a designated caregiver for the cardholder.

(b)(b)(i) (i) A [cardholder described in Section 26B-4-213] medical cannabis patient cardholder or medical cannabis guardian cardholder may designate one of the following types of facilities as one of the caregivers described in Subsection (1)(a):

(A) assign one or more employees to assist patients with medical cannabis treatment- under55 the- caregiverS.B. designation described in this Subsection (1)(b);

121 Enrolled Copy treatment under the caregiver designation described in this Subsection (1)(b);

(d)(d)(i) (i) Upon the entry of a caregiver designation under Subsection (1)(c) by a patient with a terminal illness described in Section 26B-4-203, the department shall issue to the designated caregiver an electronic conditional medical cannabis caregiver card, in accordance with this Subsection (1)(d).

- 57 - SB0121 compared with SB0121S01 (ii) A conditional medical cannabis caregiver card is valid for the lesser of:

(b) in accordance with this part, may purchase, possess, transport, or assist the patient in the- use56 of- medicalEnrolled cannabisCopy orS.B. a medical cannabis device on behalf of the designating medical cannabis cardholder;

121 the use of medical cannabis or a medical cannabis device on behalf of the designating medical cannabis cardholder;

(3)(3)(a) (a) The department shall:

- 58 - SB0121 compared with SB0121S01 [(b) The department shall ensure that a medical cannabis caregiver card contains the information described in Subsections (5)(b) and (3)(c)(i).] [(c)] (b) If a [cardholder described in Section 26B-4-213] medical cannabis patient cardholder or medical cannabis guardian cardholder designates an individual as a caregiver who already holds a medical cannabis caregiver card, the individual with the medical cannabis caregiver card:

{(iii)} and (iii) may receive an additional medical cannabis caregiver card in relation to each additional medical cannabis patient who designates the caregiver[;

{(c)} and (c) [pays to the department a fee in an amount that, subject to Subsection 26B-1-310(5), the- department57 sets- inS.B. accordance with Section 63J-1-504, plus the cost of the criminal background check described in Section 26B-4-215;

121 Enrolled Copy the department sets in accordance with Section 63J-1-504, plus the cost of the criminal background check described in Section 26B-4-215;

- 59 - SB0121 compared with SB0121S01 (iii) if a medical cannabis guardian cardholder designated the caregiver, the name, gender, and age of the minor receiving a medical cannabis treatment in relation to the medical cannabis guardian cardholder;

(7)(7)(a) (a) If a designated caregiver meets the requirements of Subsection (4), the designated caregiver's medical cannabis caregiver card renews automatically at the time the [cardholder[ cardholder described in Section 26B-4-213] medical cannabis patient cardholder or medical cannabis guardian cardholder who designated the caregiver:

(b)- The58 department- shallEnrolled provideCopy aS.B. method in the card renewal process to allow a [cardholder described in Section 26B-4-213] medical cannabis patient cardholder or medical cannabis guardian cardholder who has designated a caregiver to:

121 (b) The department shall provide a method in the card renewal process to allow a [ cardholder described in Section 26B-4-213] medical cannabis patient cardholder or medical cannabis guardian cardholder who has designated a caregiver to:

Section 1626B-4-248 is enacted to read:

26B-4-248.26B-4-248 .

- 60 - SB0121 compared with SB0121S01 (2) Subject to available funds, the contracted nonprofit entity may provide monthly $150 vouchers to a medical cannabis pharmacy for purchasing products in accordance with this section.

63I-2-236.63I-2-236 .

This Bill Repeals:

Section- 19.59 - S.B.

Effective121 date.Enrolled Copy Section 19.

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