Title 4, Utah Agricultural Code

4-41a-1005. Maximum number of licenses -- Medical cannabis pharmacy regions. (1) The licensing board shall issue up to 17 medical cannabis pharmacy licenses in accordance with this section including the two medical cannabis pharmacy licenses in accordance with Section 4-41a-1006.…

4-41a-1006. Independent medical cannabis licenses. (1)(a) Subject to the requirements of Subsection (3) and the criteria established for obtaining a medical cannabis pharmacy license under this chapter, the licensing board shall: (i) before January 1, 2026, select one entity to r…

4-41a-102. Definitions. As used in this chapter: (1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be injurious to health, including: (a) pesticides; (b) heavy metals; (c) solvents; (d) microbial life; (e) artificially derived cannabinoid; (f) t…

4-41a-103. Inventory control system. (1) Each cannabis production establishment and each medical cannabis pharmacy shall maintain an inventory control system that meets the requirements of this section. (2) A cannabis production establishment and a medical cannabis pharmacy shall…

4-41a-104. Qualified Production Enterprise Fund -- Creation -- Revenue neutrality. (1) There is created an enterprise fund known as the "Qualified Production Enterprise Fund." (2) The fund created in this section is funded from: (a) money the department deposits into the fund und…

4-41a-104.1. Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality -- Uniform fee. (1) There is created an enterprise fund known as the "Qualified Patient Enterprise Fund." (2) The fund created in this section is funded from: (a) money the department deposits into t…

4-41a-105. Agreement with a tribe. (1) As used in this section, "tribe" means a federally recognized Indian tribe or Indian band. (2)(a) In accordance with this section, the governor may enter into an agreement with a tribe to allow for the operation of a cannabis production esta…

4-41a-106. Severability clause. (1) If a final decision of a court of competent jurisdiction holds invalid any provision of this title or Laws of Utah 2018, Third Special Session, Chapter 1 or the application of any provision of this title or Laws of Utah 2018, Third Special Sess…

4-41a-107. Notice to prospective and current public employees. (1)(a) A state employer or a political subdivision employer shall take the action described in Subsection (1)(b) before: (i) giving to a current employee an assignment or duty that arises from or directly relates to a…

4-41a-109. Advertising. (1) Except as provided in this chapter, a person may not advertise regarding the recommendation, sale, dispensing, or transportation of medical cannabis, including: (a) a promotional discount or incentive; (b) a particular medical cannabis product, medical…

4-41a-110. Department coordination with the advisory board. The department shall: (1) provide draft rules made under this chapter to the advisory board for the advisory board's review; (2) consult with the advisory board before issuing an additional: (a) cultivation facility lice…

4-41a-1101. Operating requirements -- General. (1)(a) A medical cannabis pharmacy shall operate: (i) at the physical address provided to the department under Section 4-41a-1001; and (ii) in accordance with the operating plan provided to the department under Section 4-41a-1001 and…

4-41a-1102. Dispensing -- Amount a medical cannabis pharmacy may dispense -- Reporting -- Form of cannabis or cannabis product. (1)(a) A medical cannabis pharmacy may not sell a product other than: (i) medical cannabis that the medical cannabis pharmacy acquired from another medi…

4-41a-1103. Inspections. (1) Each medical cannabis pharmacy shall maintain the pharmacy's medical cannabis treatment recommendation files and other records in accordance with this chapter, department rules, and the federal Health Insurance Portability and Accountability Act of 19…

4-41a-1104. Advertising. (1) Except as provided in this section, a person may not advertise in any medium regarding a medical cannabis pharmacy or the dispensing of medical cannabis within the state. (2) A medical cannabis pharmacy may: (a) advertise an employment opportunity at …

4-41a-1105. Local control. (1) The operation of a medical cannabis pharmacy: (a) shall be a permitted use: (i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and (ii) on land that the municipality or county has not zon…

4-41a-1106. Medical cannabis pharmacy agent -- Registration. (1) An individual may not serve as a medical cannabis pharmacy agent of a medical cannabis pharmacy unless the department registers the individual as a medical cannabis pharmacy agent. (2) A recommending medical provide…

4-41a-1107. Medical cannabis pharmacy agent registration card -- Rebuttable presumption. (1) A medical cannabis pharmacy agent shall carry the individual's medical cannabis pharmacy agent registration card with the individual at all times when: (a) the individual is on the premis…

4-41a-111. Medical Cannabis Policy Advisory Board creation -- Membership -- Duties. (1) There is created within the department the Medical Cannabis Policy Advisory Board. (2)(a) The advisory board shall consist of the following members: (i) appointed by the commissioner of the De…

4-41a-112. Compassionate Use Board. (1)(a) The licensing board shall establish a Compassionate Use Board consisting of: (i) seven recommending medical providers that the commissioner appoints with the advice and consent of the Senate: (A) who are knowledgeable about the medicinal…

4-41a-1201. Medical cannabis home delivery designation. (1) The department may designate a medical cannabis pharmacy as a home delivery medical cannabis pharmacy if the department determines that the medical cannabis pharmacy's operating plan demonstrates the functional and techn…

4-41a-1202. Home delivery of medical cannabis shipments -- Medical cannabis couriers -- License. (1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home delivery med…

4-41a-1203. Medical cannabis shipment transportation. (1) The department shall ensure that each home delivery medical cannabis pharmacy is capable of delivering, directly or through a medical cannabis courier, medical cannabis shipments in a secure manner. (2)(a) A home delivery …

4-41a-1204. Medical cannabis courier agent -- Background check -- Registration card -- Rebuttable presumption. (1) An individual may not serve as a medical cannabis courier agent unless the department registers the individual as a medical cannabis courier agent. (2)(a) The depart…

4-41a-1205. Home delivery of medical cannabis shipments. (1) An individual may not receive and a medical cannabis pharmacy agent or a medical cannabis courier agent may not deliver a medical cannabis shipment from a home delivery medical cannabis pharmacy unless: (a) the individu…

4-41a-1206. Closed-door medical cannabis pharmacy. (1)(a) Subject to Subsections (1)(b) and (c), a home delivery medical cannabis pharmacy may open a single closed-door medical cannabis pharmacy. (b) A home delivery medical cannabis pharmacy may not open a closed-door medical can…

4-41a-201. Cannabis production establishment -- License. (1) Except as provided in Subsection (14), a person may not operate a cannabis production establishment without a license that the department issues under this chapter. (2)(a)(i) Subject to Subsections (6), (7), (8), and (1…

4-41a-201.1. Specialized Product Authority Licensing Board -- Composition -- Duties. (1) There is created within the department the Specialized Product Authority Licensing Board. (2) The commissioner shall hire three directors as employees of the department to be on the licensing…

4-41a-202. Cannabis production establishment owners and directors -- Criminal background checks. (1) Each applicant for a license as a cannabis production establishment shall submit to the department, at the time of application, from each individual who has a financial or voting …

4-41a-203. Renewal. The department shall renew a license issued under Section 4-41a-201 every year if: (1) the licensee meets the requirements of Section 4-41a-201 at the time of renewal; (2) the board does not identify: (a) a significant failure of compliance with this chapter o…

4-41a-204. Operating plan. (1) A person applying for a cannabis production establishment license or license renewal shall submit to the department for the department's review a proposed operating plan that complies with this section and that includes: (a) a description of the phy…

4-41a-204.1. Odor control recommendations. (1) As used in this section, "objectionable odor" means pollution of the ambient air beyond the property line of a facility consisting of an odor that, considering the odor's characteristics, intensity, frequency, and duration: (a) is, o…

4-41a-205. Number of licenses -- Cannabis cultivation facilities. (1) Except as provided in Subsection (2)(a), the department shall issue at least five but not more than eight licenses to operate a cannabis cultivation facility. (2)(a) The department may issue a number of license…

4-41a-301. Cannabis production establishment agent -- Registration. (1) An individual may not act as a cannabis production establishment agent unless the department registers the individual as a cannabis production establishment agent, regardless of whether the individual is a se…

4-41a-302. Cannabis production establishment agent registration card -- Rebuttable presumption. (1) A cannabis production establishment agent whom the department registers under Section 4-41a-301 shall carry the individual's cannabis production establishment agent registration ca…

4-41a-401. Cannabis production establishment -- General operating requirements. (1)(a) A cannabis production establishment shall operate in accordance with the operating plan described in Sections 4-41a-201 and 4-41a-204. (b) A cannabis production establishment shall notify the d…

4-41a-402. Inspections. (1) The department may inspect the records and facility of a cannabis production establishment at any time during business hours to determine if the cannabis production establishment complies with this chapter. (2)(a) An inspection under this section may i…

4-41a-403. Advertising. (1) Except as provided in this section and Section 4-41a-604, a cannabis production establishment may not advertise to the general public in any medium. (2) A cannabis production establishment may advertise an employment opportunity at the cannabis product…

4-41a-404. Medical cannabis transportation. (1)(a) Except as provided in Part 12, Medical Cannabis Home Delivery and Couriers, the following individuals may transport cannabis or a cannabis product under this chapter: (i) a cannabis production establishment agent; (ii) a medical …

4-41a-405. Excess and disposal. (1) As used in this section, "medical cannabis waste" means waste and unused material from the cultivation and production of medical cannabis. (2) A cannabis production establishment shall: (a) render medical cannabis waste unusable and unrecogniza…

4-41a-406. Local control. (1) As used in this section: (a) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy. (b) "Land use application" means the same as that term is defined in Se…

4-41a-501. Cannabis cultivation facility -- Operating requirements. (1) A cannabis cultivation facility shall ensure that any cannabis growing at the cannabis cultivation facility is not visible from the ground level of the cannabis cultivation facility perimeter. (2) A cannabis …

4-41a-502. Cannabis -- Labeling and child-resistant packaging. (1) For any cannabis that a cannabis cultivation facility cultivates or otherwise produces and subsequently ships to another cannabis production establishment, the facility shall: (a) label the cannabis with a label t…

4-41a-601. Cannabis processing facility -- Operating requirements -- General. A cannabis processing facility shall ensure that a cannabis product the cannabis processing facility sells complies with the requirements of this part.

4-41a-602. Cannabis product -- Labeling and child-resistant packaging. (1) For any cannabis product that a cannabis processing facility processes or produces and for any raw cannabis that the facility packages, the facility shall: (a) label the cannabis or cannabis product with a…

4-41a-603. Cannabis product -- Product quality. (1) A cannabis processing facility: (a) may not produce a cannabis product in a physical form that: (i) the facility knows or should know appeals to children; (ii) is designed to mimic or could be mistaken for a candy product; or (i…