Title 34, PUBLIC HEALTH AND SAFETY

A medical cannabis establishment shall implement appropriate security measures designed to deter and prevent the theft of cannabis and unauthorized entrance into any area containing cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

All cultivation, harvesting, manufacturing and packaging of cannabis shall take place in a secure facility at a physical address provided to the department during the registration process. The secure facility may only be accessed by agents of the medical cannabis establishment, e…

A sample of cannabis or cannabis products submitted to a testing facility must be collected by a designated representative of the testing facility. A medical cannabis establishment shall ensure that testing is conducted on a sample of cannabis or cannabis product immediately prio…

No medical cannabis establishment other than a cannabis product manufacturer may produce cannabis concentrates, cannabis extractions, or other cannabis products. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A medical cannabis establishment may not share office space with or refer a patient to a practitioner. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A medical cannabis establishment may not permit any person to consume cannabis on the property of a medical cannabis establishment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A medical cannabis establishment is subject to inspection by the department during business hours. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

No person is subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for: (1) Providing or selling cannabis parapherna…

A dispensary may not dispense more than three ounces of cannabis or a cannabis product to a registered qualifying patient or a nonresident cardholder, directly or via a designated caregiver, in any fourteen-day period. Before cannabis or a cannabis product may be dispensed to a c…

A dispensary shall maintain internal, confidential records specifying how much cannabis is dispensed to a nonresident cardholder or registered qualifying patient and whether it is dispensed directly to a registered qualifying patient or to the designated caregiver. Source: Initia…

The department shall promulgate rules pursuant to chapter 1-26 : (1) Establishing the form and content of registration and renewal applications submitted under this chapter and include the notice requirements set forth in § 34-20G-28.1 ; (2) Establishing a system to numerically s…

A cardholder or medical cannabis establishment who fails to provide a notice required by this chapter is subject to a civil penalty of no more than one hundred fifty dollars. Any civil penalty collected shall be deposited in the state general fund. Source: Initiated Measure No. 2…

In addition to any other penalty under law, a medical cannabis establishment or an agent of a medical cannabis establishment who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or…

In addition to any other penalty under law, a cardholder or nonresident cardholder who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or it…

A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is guilty of a Class 2 misdemeanor. The penalty is in addition to any other penalty that may appl…

A person who knowingly submits false records or documentation required by the department to certify a medical cannabis establishment under this chapter is guilty of Class 6 felony. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A practitioner is guilty of a Class 2 misdemeanor if the practitioner: (1) Knowingly refers a patient to a medical cannabis establishment or to a designated caregiver in exchange for financial consideration; (2) Advertises in a medical cannabis establishment; (3) Issues written c…

An entity is guilty of a Class 2 misdemeanor if the entity: (1) Offers a discount, deal, or other financial incentive for making an appointment with a practitioner for the purpose of receiving a written certification; or (2) Charges a practitioner's patient based on the duration …

If a practitioner or an immediate family member of the practitioner has a financial relationship with a medical cannabis clinic, the practitioner may not knowingly refer a patient to that clinic for the purpose of receiving a written certification under this chapter. For purposes…

It is a Class 2 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul…

The department may, after notice and hearing in accordance with chapter 1-26 , impose probation, impose a fine, suspend, or revoke a registration certificate for multiple negligent or knowing violations of this chapter, or for a serious and knowing violation of this chapter, by t…

The department shall provide notice of probation, fine, suspension, or revocation by mailing the same in writing to the medical cannabis establishment at the address on the registration certificate. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 20…

A medical cannabis establishment may continue to possess cannabis during a suspension, but it may not dispense, transfer, or sell cannabis. A cultivation facility may continue to cultivate and possess cannabis plants during a suspension, but it may not dispense, transfer, or sell…

The department shall immediately revoke the registry identification card of any cardholder who sells cannabis to a person who is not allowed to possess cannabis for medical purposes under this chapter, and the cardholder is disqualified from being a cardholder under this chapter.…

The department may revoke the registry identification card of any cardholder who knowingly commits multiple unintentional violations or a serious knowing violation of this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

Revocation under § 34-20G-80 , 34-20G-83 , or 34-20G-84 is a final decision of the department subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 127 , § 2.

Data in a registration application and supporting data submitted by a qualifying patient, designated caregiver, nonresident cardholder, or medical cannabis establishment, including data on designated caregiver or practitioner, is not a public record open to public access, inspect…

Except as provided in § 34-20E-2 , data kept or maintained by the department may not be used for any purpose not provided for in this chapter and may not be combined or linked in any manner with any other list or database. Source: Initiated Measure No. 26, approved Nov. 3, 2020, …

Confidential data or data that is not a public record kept or maintained by the department may only be disclosed as necessary to: (1) Verify a registration certificate or registry identification card pursuant to this chapter; (2) Notify law enforcement of an apparent criminal vio…

For each cardholder and nonresident cardholder, the department shall submit to the prescription drug monitoring program, authorized pursuant to chapter 34-20E , the cardholder's: (1) Name; (2) Physical address, except that if the applicant is homeless, no address is required; (3)…

Except as otherwise provided in this section, information kept or maintained by a medical cannabis establishment may identify a cardholder only by registry identification number and may not contain names or other personally identifiable information. A cardholder may, in writing, …

At the cardholder's request, the department may confirm the cardholder's status as a registered qualifying patient or a registered designated caregiver to a third party, such as a landlord, school, medical professional, or court. Source: Initiated Measure No. 26, approved Nov. 3,…

Any department hard drive or other data-recording media that is no longer in use and that contains cardholder information shall be destroyed. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

The Executive Board of the Legislative Research Council shall appoint an oversight committee consisting of: (1) Two members of the Senate; (2) Two members of the House of Representatives; (3) One physician licensed in accordance with chapter 36-4 ; (4) One physician assistant lic…

Beginning in 2023, and every two years thereafter, the oversight committee shall select from among itself one legislator to serve as the chair and one legislator, from the opposite chamber, to serve as the vice chair. Beginning in 2025, the legislators selected to serve as the ch…

The oversight committee shall meet at least two times per year for the purpose of evaluating and making recommendations to the Legislature and the department regarding: (1) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medica…

The Department of Education and the department shall establish policy to allow students who are medical cannabis cardholders to have their medicine administered in school in accordance with their physician's recommendation. This policy shall be implemented the first day of the ne…

In order for an individual who is serving a probationary sentence under the supervision of the Unified Judicial System or who is on conditional release or parole from a state correctional facility under the legal custody of the Department of Corrections to utilize medical cannabi…

Terms used in this chapter mean: (1) "Medical supply," any product necessary to administer a prescription drug; and (2) "Participating pharmacy," a pharmacy that: (a) Is licensed pursuant to chapter 36-11 ; and (b) Has provided written notice to the State Board of Pharmacy regard…

Except as otherwise provided in this section, a participating pharmacy may accept a donation of prescriptions drugs and medical supplies if: (1) The drugs and medical supplies are in the original, sealed, and tamper-evident packaging, unless the drugs are in single-unit-dose pack…

A donated drug or medical supply may not be dispensed until a pharmacist, holding a permit issued in accordance with § 36-11-32 , has inspected the drug or medical supply and repackaged it, as necessary, for dispensing. Source: SL 2022, ch 137 , § 3.

A participating pharmacy shall: (1) Comply with all applicable federal and state laws regarding the storage and dispensing of any donated drugs and medical supplies; (2) Accept a prescription transferred pursuant to rules promulgated in accordance with chapter 1-26 by the State B…

A drug or medical supply that has been donated may not be resold or considered eligible for reimbursement under the medical assistance program, as set forth in chapter 28-6 . Nothing in this section requires a health plan or pharmacy benefit manager to be reimbursed for donated d…

A participating pharmacy may charge a fee, in an amount established by the State Board of Pharmacy, for accepting, distributing, or dispensing donated prescription drugs and medical supplies. Source: SL 2022, ch 137 , § 6.

The State Board of Pharmacy shall promulgate rules, in accordance with chapter 1-26 , to: (1) Establish eligibility criteria for persons to receive donated drugs and medical supplies, provided the criteria: (a) Prioritize persons who are indigent or without insurance coverage; an…

A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug…