SB 64: Medical Cannabis Amendments - Utah

Enrolled → Amended Excerpts 2/10/2025 14:02:384 · 2 edits

MINOR

This amendment clarifies the timeframe for criminal convictions that disqualify individuals from obtaining or renewing medical cannabis licenses and registration cards. Specifically, it changes the language regarding felony convictions from 'in the preceding 10 years' to 'in the last 10 years' for consistency across the bill, while also adding the word 'and' to connect the felony and misdemeanor disqualification criteria in one section.

ELIGIBILITY

Changed the disqualification language for felony convictions from 'in the preceding 10 years' to 'in the last 10 years' to ensure consistent wording across different sections of the bill.

Added the word 'and' to connect the felony and misdemeanor disqualification criteria in one section, clarifying that both conditions are part of the same disqualification standard.

Amended 2/11/2025 14:02:282 → Substitute #1 · 7 edits

MODERATE

This bill updates Utah's medical cannabis regulations to modernize licensing, improve enforcement, and clarify operational requirements. Key changes include allowing the licensing board to renew courier licenses at any time rather than just in December, introducing a new 'letter of concern' enforcement tool for the Department of Agriculture and Food, and removing the requirement that pharmacy and courier agent registration cards list the agent's employer. The bill also aligns definitions of anticompetitive business practices with updated state law and adjusts reporting timelines for ownership changes.

Scope change

The bill expands the licensing board's authority to approve courier license renewals throughout the year instead of limiting renewals to December, and broadens enforcement capabilities by adding a new administrative tool (letter of concern) for addressing violations before taking more severe action.

REQUIREMENT

Changed medical cannabis courier license renewal timing from a fixed December schedule to allow renewals 'as necessary' at the licensing board's discretion.

Removed the requirement that pharmacy and courier agent registration cards must include the agent's employer name on the card.

Changed the ownership change reporting deadline from 10 business days to 45 days before the ownership change occurs for both medical cannabis pharmacies and couriers.

Added a requirement that qualified medical provider employee proxies must complete a course on health information privacy before accessing the state electronic verification system.

ENFORCEMENT

Added a new 'letter of concern' enforcement mechanism that allows the Department of Agriculture and Food to notify licensees of violations with a 30-day remediation period before taking further action.

DEFINITION

Updated the definition of 'anticompetitive business practice' to align with Section 76-10-3104 of the Utah Antitrust Act, changing the reference from Section 76-10-3103.

TECHNICAL

Removed references to the Division of Finance from the medical cannabis program, transferring certain responsibilities to the Department of Agriculture and Food.

Amended 2/10/2025 14:02:384 → Amended 2/11/2025 14:02:282 · 10 edits

MAJOR

This bill amends Utah's medical cannabis regulations by updating definitions, modifying licensing and renewal processes, adjusting surveillance and reporting requirements, and removing certain administrative provisions. The changes aim to improve operational flexibility for medical cannabis businesses, enhance privacy protections for patients, and align regulations with recent legislative updates.

Scope change

The bill expands the Cannabis Production Establishment and Pharmacy Licensing Advisory Board's authority to approve license renewals at any time rather than only in December, and allows medical cannabis cardholders to use their own opaque bags or boxes for transporting cannabis.

DEFINITION

Updated the definition of 'Anticompetitive business practice' to reference Section 76-10-3104 instead of Section 76-10-3103, aligning with H.B. 21 criminal code recodification.

REQUIREMENT

Changed video surveillance retention requirements from 45 days to at least 45 days for cannabis production establishments and pharmacies, and updated inventory control system compatibility requirements.

Removed the requirement that pharmacy and courier agent registration cards must include the agent's employer name on the card.

Added requirement that medical cannabis pharmacies and couriers must report ownership changes at least 45 days before the change occurs (previously 10 days).

Requires qualified medical provider employee proxies to complete a course on health information privacy before accessing the electronic verification system.

Allows medical cannabis cardholders to bring their own opaque bag or box to transport medical cannabis from pharmacies.

Repealed provisions related to the Division of Finance's role in the medical cannabis program, including financial institution validation processes.

ELIGIBILITY

Modified pharmacy and courier license renewal processes to allow the licensing board to approve renewals as necessary rather than only in December.

ENFORCEMENT

Added authority for the Department of Agriculture and Food to issue letters of concern as an enforcement mechanism before taking other administrative action.

TECHNICAL

Made technical and conforming changes to align definitions and cross-references with H.B. 21 Criminal Code Recodification.

Amended Excerpts 2/11/2025 14:02:282 → Amended 2/10/2025 14:02:384 · 8 edits

MODERATE

This bill amends Utah's medical cannabis regulations to modernize enforcement procedures, update reporting requirements, and align definitions with other criminal code provisions. Key changes include allowing the Department of Agriculture and Food to issue formal letters of concern for violations, modifying how violations are reported to licensing boards, and updating definitions related to anticompetitive practices and medical cannabis card information.

Scope change

The bill expands the Department of Agriculture and Food's enforcement capabilities by formalizing the letter of concern process and extends reporting requirements for ownership changes in medical cannabis businesses from 30 days to 45 days.

ENFORCEMENT

Added formal letter of concern process allowing the Department of Agriculture and Food to issue warnings before taking enforcement action, except for public health threats or third violations within 24 months.

REQUIREMENT

Changed ownership change reporting requirement from 30 days to 45 days before the change occurs.

Removed requirement for pharmacy and courier agent registration cards to include the agent's employer information.

Added requirement for qualified medical provider employee proxies to complete health information privacy training course.

Added provision allowing medical cannabis cardholders to bring their own opaque bags or boxes for transporting medical cannabis from pharmacies.

DEFINITION

Updated anticompetitive business practice definition to align with Utah Antitrust Act Section 76-10-3104.

ELIGIBILITY

Modified criminal history disqualification criteria for medical cannabis cardholders, changing felony timeframe and misdemeanor drug distribution provisions.

TECHNICAL

Repealed provisions related to the Division of Finance and medical cannabis program.

Amended Excerpts 2/10/2025 14:02:384 → Amended Excerpts 2/11/2025 14:02:282 · 4 edits

MODERATE

The bill was amended to add a new 'letter of concern' enforcement mechanism that requires the department to provide at least 30 days for a person to remedy violations before taking other administrative action, with specific requirements for what the letter must include. A technical correction was made to renumber a subsection from (8) to (9) and (9) to (10) to maintain proper numbering sequence.

Scope change

The enforcement scope was expanded to include a new administrative remedy process that must be applied before other enforcement actions, except for violations threatening public health or third violations within 24 months.

ENFORCEMENT

Added a new 'letter of concern' requirement that the department must issue before taking other administrative action, except for public health threats or repeat violations within 24 months.

REQUIREMENT

Added specific content requirements for letters of concern, including describing the violation, possible remedies, and consequences of not remedying the violation.

TIMELINE

Added a 30-day minimum timeline for persons to remedy violations after receiving a letter of concern.

TECHNICAL

Corrected subsection numbering from (8) and (9) to (9) and (10) to maintain proper sequence in the document.

Substitute #3 → Substitute #4 · 8 edits

MODERATE

This bill updates Utah's medical cannabis regulations by modernizing surveillance requirements, allowing pharmacies to let patients bring their own transport containers, and adjusting ownership reporting timelines. It also clarifies definitions, expands pharmacy operating flexibility, and removes certain outdated reporting requirements while maintaining core safety standards.

Scope change

The bill applies to all medical cannabis pharmacies, couriers, and production establishments in Utah, with specific changes affecting pharmacy operations, patient transport options, and administrative reporting processes.

REQUIREMENT

Changed ownership change reporting requirement from 45 days to 10 business days before the change occurs for pharmacies and couriers.

Allows medical cannabis cardholders to bring their own opaque bag or box to transport medical cannabis from pharmacies.

Removed the requirement that pharmacy and courier agent registration cards must include the agent's employer name.

Extended video surveillance retention requirements from 30 days to 45 days for cannabis production establishments and pharmacies.

Requires qualified medical provider employee proxies to complete health information privacy training.

DEFINITION

Updated definitions to align with current regulatory language and remove references to repealed provisions.

TIMELINE

Adjusted various effective dates and repeal timelines for cannabis research review board and governance working group.

ENFORCEMENT

Maintained enforcement mechanisms including letters of concern and administrative penalties while updating violation thresholds.

Substitute #2 → Substitute #3 · 9 edits

MAJOR

This bill amends Utah's medical cannabis laws to modernize licensing, enhance security, and improve operational flexibility for pharmacies and couriers. Key changes include allowing pharmacies to accept patient-provided opaque bags for transport, extending ownership change reporting deadlines, and updating surveillance requirements. The bill also adjusts the composition and duties of licensing boards to better manage the growing medical cannabis market.

Scope change

The bill expands operational flexibility for medical cannabis facilities while maintaining strict security and compliance requirements. It applies to all medical cannabis pharmacies, couriers, production establishments, and related licensing boards.

REQUIREMENT

Allows medical cannabis cardholders to bring their own opaque bags or boxes to transport medical cannabis from pharmacies instead of requiring pharmacies to provide them exclusively.

Extends the deadline for reporting ownership changes in medical cannabis pharmacies and couriers from 10 days to 45 days before the change occurs.

Updates surveillance requirements to ensure video recording systems are tamper-proof and store records for at least 45 days.

Requires qualified medical provider employee proxies to complete health information privacy training courses.

Removes the requirement that pharmacy and courier agent registration cards must include the agent's employer name.

ELIGIBILITY

Modifies licensing board composition and renewal procedures to allow renewals as needed rather than only in December.

ENFORCEMENT

Establishes a new 'letter of concern' enforcement mechanism that gives violators 30 days to remedy issues before facing penalties.

DEFINITION

Updates various definitions to align with current medical cannabis program operations and terminology.

TIMELINE

Adjusts repeal dates for certain temporary provisions and working groups to better align with program lifecycle.

Substitute #1 → Substitute #2 · 9 edits

MAJOR

This substitute bill amends Utah's medical cannabis regulations to modernize licensing and reporting requirements, enhance privacy protections, and align definitions with upcoming criminal code changes. Key updates include allowing courier license renewals at any time rather than just in December, removing employer names from agent registration cards, and requiring 45 days' notice for ownership changes instead of 10 days.

Scope change

The bill expands applicability by authorizing patient product information inserts and adjusting the repeal date for the Cannabis Research Review Board by one year earlier.

REQUIREMENT

Changed ownership change reporting requirement from 10 days to 45 days for both pharmacies and couriers

Allowed courier licenses to be renewed at any time instead of only during December renewal period

Removed requirement that pharmacy and courier agent registration cards must include the agent's employer name

Added option for cardholders to bring their own opaque bag or box for transporting medical cannabis

Required qualified medical provider employee proxies to complete health information privacy training

Authorized creation of patient product information inserts for medical cannabis

DEFINITION

Updated anticompetitive business practice definition to align with H.B. 21 criminal code recodification

TIMELINE

Moved Cannabis Research Review Board repeal date earlier by one year

TECHNICAL

Made technical corrections to affected code sections and updated House Sponsor name from LONG TITLE to Walt Brooks

Introduced → Enrolled · 12 edits · Mar 26, 2025

MAJOR

This bill updates Utah's medical cannabis regulations to modernize oversight, improve safety, and streamline operations. Key changes include allowing pharmacies and couriers to report ownership changes 45 days in advance, permitting cardholders to bring their own opaque bags for transport, and removing the requirement for agent registration cards to list employers. The bill also expands the licensing board's ability to renew licenses as needed rather than only in December, adds provisions for patient product information inserts, and repeals outdated financial division rules.

Scope change

The bill expands the scope of the Cannabis Production Establishment and Pharmacy Licensing Advisory Board to include medical cannabis courier license renewals and broadens the definition of anticompetitive business practices to include specific market manipulation behaviors.

REQUIREMENT

Changed ownership change reporting deadline from 10-45 business days to 45 calendar days before the change occurs for pharmacies and couriers.

Allows medical cannabis cardholders to bring their own opaque bags or boxes to transport medical cannabis from pharmacies.

Eliminated the requirement that pharmacy and courier agent registration cards must include the agent's employer name.

Requires qualified medical provider employee proxies to complete an annual course on health information privacy.

Authorizes the creation of patient product information inserts for medical cannabis products.

Repealed provisions related to the Division of Finance oversight of the medical cannabis program.

Allows cannabis processing facilities to operate at a second location under certain circumstances.

Authorizes the department to issue letters of concern to licensees.

TIMELINE

Changed license renewal timing to allow renewals as necessary instead of restricting them to December only.

DEFINITION

Added new definition for 'Anticompetitive business practice' to include specific market manipulation behaviors.

Updated the definition of 'Anticompetitive business practice' to include agreements that reduce competition and monopolizing attempts.

Updated the definition of 'Targeted marketing' to include leaflets placed in opaque packages or boxes.

Medical Cannabis Amendments

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