4-41a - Cannabis Production Establishments and Pharmacies

Title 4 > 4-41a

Sections (56)

General Provisions

4-41a-101 - Title.

This chapter is known as “Cannabis Production Establishments.”

Renumbered and Amended by Chapter 1, 2018 Special Session 3

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:pesticides;heavy metals;solvents;microbial life;artificially derived cannabinoid;toxins; orforeign matter.

(2) “Advertise” or “advertising” means information provided by a person in any medium:to the public; andthat is not age restricted to an individual who is at least 21 years old.

(3) “Advisory board” means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435.

(4) “Anticompetitive business practice” means any practice that is an illegal anticompetitive activity under Section 76-16-510.”Anticompetitive business practice” may include:agreements that may be considered unreasonable when competitors interact to the extent that they are:no longer acting independently; orwhen collaborating are able to wield market power together;monopolizing or attempting to monopolize trade by:acting to maintain or acquire a dominant position in the market; orpreventing new entry into the market; orother conduct outlined in rule.

(5) “Artificially derived cannabinoid” means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant.”Artificially derived cannabinoid” does not include:a naturally occurring chemical substance that is separated from the cannabis plant by a chemical or mechanical extraction process; ora cannabinoid that is produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst.

(6) “Batch” means a quantity of:cannabis extract produced on a particular date and time and produced between completion of equipment and facility sanitation protocols until the next required sanitation cycle during which lots of cannabis are used;cannabis product produced on a particular date and time and produced between completion of equipment and facility sanitation protocols until the next required sanitation cycle during which cannabis extract is used; orcannabis flower packaged on a particular date and time and produced between completion of equipment and facility sanitation protocols until the next required sanitation cycle during which lots of cannabis are being used.

(7) “Cannabis Research Review Board” means the Cannabis Research Review Board created in Section 26B-1-420.

(8) “Cannabis” means the same as that term is defined in Section 26B-4-201.

(9) “Cannabis concentrate” means:the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; andany amount of a natural cannabinoid or artificially derived cannabinoid in an artificially derived cannabinoid’s purified state.

(10) “Cannabis cultivation byproduct” means any portion of a cannabis plant that is not intended to be sold as a cannabis plant product.

(11) “Cannabis cultivation facility” means a person that:possesses cannabis;grows or intends to grow cannabis; andsells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee.

(12) “Cannabis cultivation facility agent” means an individual whoholds a valid cannabis production establishment agent registration card with a cannabis cultivation facility designation.

(13) “Cannabis derivative product” means a product made using cannabis concentrate.

(14) “Cannabis plant product” means any portion of a cannabis plant intended to be sold in a form that is recognizable as a portion of a cannabis plant.

(15) “Cannabis processing facility” means a person that:acquires or intends to acquire cannabis from a cannabis production establishment;possesses cannabis with the intent to manufacture a cannabis product;manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; andsells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee.

(16) “Cannabis processing facility agent” means an individual whoholds a valid cannabis production establishment agent registration card with a cannabis processing facility designation.

(17) “Cannabis product” means the same as that term is defined in Section 26B-4-201.

(18) “Cannabis production establishment” means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.

(19) “Cannabis production establishment agent” means a cannabis cultivation facility agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent.

(20) “Cannabis production establishment agent registration card” means a registration card that the department issues that:authorizes an individual to act as a cannabis production establishment agent; anddesignates the type of cannabis production establishment for which an individual is authorized to act as an agent.

(21) “Closed-door medical cannabis pharmacy” means a facility operated by a home delivery medical cannabis pharmacy for delivering medical cannabis.

(22) “Community location” means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park.

(23) “Cultivation space” means, quantified in square feet, the horizontal area in which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other plants in multiple levels.

(24) “Delivery address” means:for a medical cannabis cardholder who is not a facility:the medical cannabis cardholder’s home address; oran address designated by the medical cannabis cardholder that:is the medical cannabis cardholder’s workplace; andis not a community location; orfor a medical cannabis cardholder that is a facility, the facility’s address.

(25) “Department” means the Department of Agriculture and Food.

(26) “Family member” means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.

(27) “Government issued photo identification” means the same as that term is defined in Section 26B-4-201, including expired identification in accordance with Section 26B-4-244.

(28) “Home delivery medical cannabis pharmacy” means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy’s license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders.

(29) “Independent cannabis testing laboratory” means a person that:conducts a chemical or other analysis of cannabis or a cannabis product; oracquires, possesses, and transports cannabis or a cannabis product with the intent to conduct a chemical or other analysis of the cannabis or cannabis product.”Independent cannabis testing laboratory” includes a laboratory that the department or a research university operates in accordance with Subsection 04-Ch4_41a|4-41a-201].

(30) “Independent cannabis testing laboratory agent” means an individual whoholds a valid cannabis production establishment agent registration card with an independent cannabis testing laboratory designation.

(31) “Inventory control system” means a system described in Section 4-41a-103.

(32) “Licensing board” or “board” means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section 4-41a-201.1.

(33) “Medical cannabis” or “medical cannabis product” means the same as that term is defined in Section 26B-4-201.

(34) “Medical cannabis card” means the same as that term is defined in Section 26B-4-201.

(35) “Medical cannabis courier” means a courier that:the department licenses in accordance with Section 4-41a-1201; andcontracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders.

(36) “Medical cannabis courier agent” means an individual who:is an employee of a medical cannabis courier; andwho holds a valid medical cannabis courier agent registration card.

(37) “Medical cannabis pharmacy” means the same as that term is defined in Section 26B-4-201.

(38) “Medical cannabis pharmacy agent” means the same as that term is defined in Section 26B-4-201.

(39) “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.

(40) “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.

(41) “Medical cannabis shipment” means a shipment of medical cannabis that a home delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery address to fulfill an electronic medical cannabis order.

(42) “Medical cannabis treatment” means the same as that term is defined in Section 26B-4-201.

(43) “Medicinal dosage form” means the same as that term is defined in Section 26B-4-201.

(44) “Patient product information insert” means the same as that term is defined in Section 26B-4-201.

(45) “Pharmacy ownership limit” means an amount equal to 30% of the total number of medical cannabis pharmacy licenses issued by the department rounded down to the nearest whole number.

(46) “Pharmacy medical provider” means the same as that term is defined in Section 26B-4-201.

(47) “Qualified Production Enterprise Fund” means the fund created in Section 4-41a-104.

(48) “Recommending medical provider” means the same as that term is defined in Section 26B-4-201.

(49) “Research university” means the same as that term is defined in Section 53H-8-202 and a private, nonprofit college or university in the state that:is accredited by the Northwest Commission on Colleges and Universities;grants doctoral degrees; andhas a laboratory containing or a program researching a schedule I controlled substance described in Section 58-37-4.

(50) “State electronic verification system” means the system described in Section 26B-4-202.

(51) “Targeted marketing” means the promotion of medical cannabis, a medical cannabis brand, or a medical cannabis device using any of the following methods:electronic communication to an individual who is at least 21 years old and has requested to receive promotional information;an in-person marketing event that is:held inside a medical cannabis pharmacy; andin an area where only a medical cannabis cardholder may access the event;other marketing material that is physically available or digitally displayed in a medical cannabis pharmacy; ora leaflet a medical cannabis pharmacy places in the opaque package or box that is provided to an individual when obtaining medical cannabis:in the medical cannabis pharmacy;at the medical cannabis pharmacy’s drive-through pick up window; orin a medical cannabis shipment.

(52) “Tetrahydrocannabinol” or “THC” means the same as that term is defined in Section 4-41-102.

(53) “Tier one cannabis processing facility” means a cannabis processing facility that is able to:create cannabis concentrate;create cannabis derivative product; andpackage and label medical cannabis.

(54) “Tier two cannabis processing facility” means a cannabis processing facility that is able to package and label medical cannabis only if the medical cannabis is a cannabis plant product.

(55) “THC analog” means the same as that term is defined in Section 4-41-102.

(56) “Total composite tetrahydrocannabinol” means all detectable forms of tetrahydrocannabinol.

(57) “Total tetrahydrocannabinol” or “total THC” means the same as that term is defined in Section 4-41-102.

Amended by Chapter 9, 2025 Special Session 1

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 ensure that the inventory control system maintained by the establishment or pharmacy:tracks cannabis using a unique identifier, in real time, from the point that a cannabis plant is eight inches tall and has a root ball until the cannabis is disposed of or sold, in the form of unprocessed cannabis or a cannabis product, to an individual with a medical cannabis card;maintains in real time a record of the amount of cannabis and cannabis products in the possession of the establishment or pharmacy; andpreserves compatibility with the state electronic verification system described in Section 26B-4-202.

(3) A cannabis production establishment and a medical cannabis pharmacy shall allow the following to access the cannabis production establishment’s or the medical cannabis pharmacy’s inventory control system at any time:the department; andthe Department of Health and Human Services.

(4) The department may establish compatibility standards for an inventory control system by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(5) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for aggregate or batch records regarding the planting and propagation of cannabis before being tracked in an inventory control system described in this section.The department shall ensure that the rules described in Subsection (5)(a) address record-keeping for the amount of planted seed, number of cuttings taken, date and time of cutting and planting, number of plants established, and number of plants culled or dead.

(6) The department may provide reports from the inventory control system to a financial institution to allow them to reconcile transactions and other financial activity of cannabis production establishments, medical cannabis pharmacies, and medical cannabis couriers that use financial services that the financial institution provides.A report:may only include information related to financial transactions; andmay not include any identifying patient information.

Amended by Chapter 414, 2025 General Session

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: money the department deposits into the fund under this chapter;appropriations the Legislature makes to the fund; andthe interest described in Subsection (3).

(3) Interest earned on the Qualified Production Enterprise Fund shall be deposited into the fund.

(4) The department may only use money in the fund to fund the department’s implementation of this chapter.

(5) The department shall set fees authorized under this chapter in amounts that the department anticipates are necessary, in total, to cover the department’s cost to implement this chapter.

Amended by Chapter 307, 2023 General Session, (Coordination Clause)

4-41a-105 - Agreement with a tribe.

(1) As used in this section, “tribe” means a federally recognized Indian tribe or Indian band.

(2) In accordance with this section, the governor may enter into an agreement with a tribe to allow for the operation of a cannabis production establishment or a medical cannabis pharmacy on tribal land located within the state.An agreement described in Subsection (2)(a) may not exempt any person from the requirements of this chapter.The governor shall ensure that an agreement described in Subsection (2)(a):is in writing;is signed by: the governor; andthe governing body of the tribe that the tribe designates and has the authority to bind the tribe to the terms of the agreement;states the effective date of the agreement;provides that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute; andincludes any accommodation that the tribe makes: to which the tribe agrees; andthat is reasonably related to the agreement.Before executing an agreement under this Subsection (2), the governor shall consult with the department.At least 30 days before the execution of an agreement described in this Subsection (2), the governor or the governor’s designee shall provide a copy of the agreement in the form in which the agreement will be executed to:the chairs of the Native American Legislative Liaison Committee; andthe Office of Legislative Research and General Counsel.

Amended by Chapter 273, 2023 General Session

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 Session, Chapter 1 to any person or circumstance, the remaining provisions of this title and Laws of Utah 2018, Third Special Session, Chapter 1 remain effective without the invalidated provision or application.

(2) The provisions of this title and Laws of Utah 2018, Third Special Session, Chapter 1 are severable.

Enacted by Chapter 1, 2018 Special Session 3

4-41a-107 - Notice to prospective and current public employees.

(1) A state employer or a political subdivision employer shall take the action described in Subsection (1)(b) before:giving to a current employee an assignment or duty that arises from or directly relates to an obligation under this chapter; orhiring a prospective employee whose assignments or duties would include an assignment or duty that arises from or directly relates to an obligation under this chapter.The employer described in Subsection (1)(a) shall give the employee or prospective employee described in Subsection (1)(a) a written notice that notifies the employee or prospective employee:that the employee’s or prospective employee’s job duties may require the employee or prospective employee to engage in conduct which is in violation of the criminal laws of the United States; andthat in accepting a job or undertaking a duty described in Subsection (1)(a), although the employee or prospective employee is entitled to the protections of Title 67, Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to carry out an assignment or duty that may be a violation of the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis.

(2) The Division of Human Resource Management shall create, revise, and publish the form of the notice described in Subsection (1).

(3) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice described in Subsection (1) may not: claim in good faith that the employee’s actions violate or potentially violate the laws of the United States with respect to the manufacture, sale, or distribution of cannabis; orrefuse to carry out a directive that the employee reasonably believes violates the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis.

(4) An employer of an employee who has signed the notice described in Subsection (1) may not take retaliatory action as defined in Section 67-19a-101 against a current employee who refuses to sign the notice described in Subsection (1).

Amended by Chapter 344, 2021 General Session

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 promotional discount or incentive;a particular medical cannabis product, medical cannabis device, medical cannabis brand, or medicinal dosage form; oran assurance of a medical outcome related to a medical cannabis treatment.

(2) Notwithstanding Subsection (1): a nonprofit organization that offers financial assistance for medical cannabis treatment to low-income patients may advertise the organization’s assistance if the advertisement does not relate to a specific medical cannabis pharmacy or a specific medical cannabis product; anda medical cannabis pharmacy may provide information regarding subsidies for the cost of medical cannabis treatment to patients who affirmatively accept receipt of the subsidy information.

(3) To ensure that the name and logo of a licensee under this chapter have a medical rather than a recreational disposition, the name and logo of the licensee: may include terms and images associated with:a medical disposition, including “medical,” “medicinal,” “medicine,” “pharmacy,” “apothecary,” “wellness,” “therapeutic,” “health,” “care,” “cannabis,” “clinic,” “compassionate,” “relief,” “treatment,” and “patient;” orthe plant form of cannabis, including “leaf,” “flower,” and “bloom;” andmay not include:any term, statement, design representation, picture, or illustration that is associated with a recreational disposition or that appeals to children;an emphasis on a psychoactive ingredient;a specific cannabis strain; orterms related to recreational marijuana, including “weed,” “pot,” “reefer,” “grass,” “hash,” “ganga,” “Mary Jane,” “high,” “buzz,” “haze,” “stoned,” “joint,” “bud,” “smoke,” “euphoria,” “dank,” “doobie,” “kush,” “frost,” “cookies,” “rec,” “bake,” “blunt,” “combust,” “bong,” “budtender,” “dab,” “blaze,” “toke,” or “420.”

(4) The department shall define standards for advertising authorized under this chapter, including names and logos in accordance with Subsection (3), to ensure a medical rather than recreational disposition.

Renumbered and Amended by Chapter 273, 2023 General Session

4-41a-110 - Department coordination with the advisory board.

(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: cultivation facility license under Section 4-41a-205; orpharmacy license under Section 4-41a-1005;

(3) consult with the advisory board regarding fees set by the department that pertain to the medical cannabis program; and

(4) when appropriate, consult with the advisory board regarding issues that arise in the medical cannabis program.

Enacted by Chapter 273, 2023 General Session

Cannabis Production Establishment

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) Subject to Subsections (6), (7), (8), and (13) and to Section 4-41a-205, for a licensing process that the department initiates after March 17, 2021, the department, through the licensing board, shall issue licenses in accordance with Section 4-41a-201.1.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to specify a transparent and efficient process to:solicit applications for a license under this section;allow for comments and questions in the development of applications;timely and objectively evaluate applications;hold public hearings that the department deems appropriate; andselect applicants to receive a license.The department may not issue a license to operate a cannabis production establishment to an applicant who is not eligible for a license under this section.An applicant is eligible for a license under this section if the applicant submits to the licensing board:subject to Subsection (2)(c), a proposed name and each address, located in a zone described in Subsection 04-Ch4_41a|4-41a-406](a) or (b), where the applicant will operate the cannabis production establishment;the name and address of any individual who has:for a publicly traded company, a financial or voting interest of 10% or greater in the proposed cannabis production establishment;for a privately held company, a financial or voting interest in the proposed cannabis production establishment; orthe power to direct or cause the management or control of a proposed cannabis production establishment;an operating plan that:complies with Section 4-41a-204;includes operating procedures that comply with this chapter and any law the municipality or county in which the person is located adopts that is consistent with Section 4-41a-406; andthe department or licensing board approves;a statement that the applicant will obtain and maintain a liquid cash account with a financial institution or a performance bond that a surety authorized to transact surety business in the state issues in an amount of at least: $100, 000 f ore a c h c annabi sc u lt i v a t i o n f a c i l i t y f or w hi c h t h e a ppl i c an t a ppl i es; or$ 50,000 for each cannabis processing facility or independent cannabis testing laboratory for which the applicant applies;an application fee in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504; anda description of any investigation or adverse action taken by any licensing jurisdiction, government agency, law enforcement agency, or court in any state for any violation or detrimental conduct in relation to any of the applicant’s cannabis-related operations or businesses.A person may not locate a cannabis production establishment:within 1,000 feet of a community location; orin or within 600 feet of a district that the relevant municipality or county has zoned as primarily residential.The proximity requirements described in Subsection (2)(c)(i) shall be measured from the nearest entrance to the cannabis production establishment by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or residential area.The licensing board may grant a waiver to reduce the proximity requirements in Subsection (2)(c)(i) by up to 20% if the licensing board determines that it is not reasonably feasible for the applicant to site the proposed cannabis production establishment without the waiver.An applicant for a license under this section shall provide evidence of compliance with the proximity requirements described in Subsection (2)(c)(i).

(3) If the licensing board approves an application for a license under this section and Section 4-41a-201.1:the applicant shall pay the department an initial license fee in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504; andthe department shall notify the Department of Public Safety of the license approval and the names of each individual described in Subsection (2)(b)(ii).

(4) Except as provided in this Subsection (4), a cannabis production establishment shall obtain a separate license for each type of cannabis production establishment and each location of a cannabis production establishment.The licensing board may issue a cannabis cultivation facility license and a cannabis processing facility license to a person to operate at the same physical location or at separate physical locations.A cannabis cultivation facility may operate at two addresses under a single license.A tier one cannabis processing facility may operate at a second address under the same tier one license if:the second address is co-located at a cannabis cultivation facility operated by the same licensee; andthe licensee pays a fee of $70, 000 f or t h eseco n d l oc a t i o n . A na ppl i c an t f or a t i er tw oc annabi s p rocess in g f a c i l i t y l i ce n se t ha t ha s a c annabi sc u lt i v a t i o n f a c i l i t y l i ce n se an d in t e n d s t o p rocessc annabi s a tt h ec annabi sc u lt i v a t i o n f a c i l i t ys ha llp a y a f eeo f$ 25,000 for the tier two cannabis processing facility license.

(5) If the licensing board receives more than one application for a cannabis production establishment within the same city or town, the licensing board shall consult with the local land use authority before approving any of the applications pertaining to that city or town.

(6) The licensing board may not issue a license to operate an independent cannabis testing laboratory to a person who:holds a license or has an ownership interest in a medical cannabis pharmacy, a cannabis processing facility, or a cannabis cultivation facility;has an owner, officer, director, or employee whose family member holds a license or has an ownership interest in a medical cannabis pharmacy, a cannabis processing facility, or a cannabis cultivation facility; orproposes to operate the independent cannabis testing laboratory at the same physical location as a medical cannabis pharmacy, a cannabis processing facility, or a cannabis cultivation facility.

(7) The licensing board may not issue a license to operate a cannabis production establishment to an applicant if any individual described in Subsection (2)(b)(ii):has been convicted under state or federal law of:a felony in the preceding 10 years; orafter December 3, 2018, a misdemeanor for drug distribution;is younger than 21 years old; orafter September 23, 2019, until January 1, 2023, is actively serving as a legislator.

(8) If an applicant for a cannabis production establishment license under this section holds a license under Title 4, Chapter 41, Hemp and Cannabinoid Act, the licensing board may not give preference to the applicant based on the applicant’s status as a holder of the license.If an applicant for a license to operate a cannabis cultivation facility under this section holds a license to operate a medical cannabis pharmacy under this title, the licensing board may give consideration to the applicant based on the applicant’s status as a holder of a medical cannabis pharmacy license if:the applicant demonstrates that a decrease in costs to patients is more likely to result from the applicant’s vertical integration than from a more competitive marketplace; andthe licensing board finds multiple other factors, in addition to the existing license, that support granting the new license.

(9) The licensing board may revoke a license under this part:if the cannabis production establishment does not begin cannabis production operations within one year after the day on which the licensing board issues the initial license;after the third of the same violation of this chapter in any of the licensee’s licensed cannabis production establishments or medical cannabis pharmacies;if any individual described in Subsection (2)(b) is convicted, while the license is active, under state or federal law of:a felony; orafter December 3, 2018, a misdemeanor for drug distribution;if the licensee fails to provide the information described in Subsection (2)(b)(vi) at the time of application, or fails to supplement the information described in Subsection (2)(b)(vi) with any investigation or adverse action that occurs after the submission of the application within 14 calendar days after the licensee receives notice of the investigation or adverse action;if the cannabis production establishment demonstrates a willful or reckless disregard for the requirements of this chapter or the rules the department makes in accordance with this chapter;if, after a change of ownership described in Subsection (15)(b), the board determines that the cannabis production establishment no longer meets the minimum standards for licensure and operation of the cannabis production establishment described in this chapter;for an independent cannabis testing laboratory, if the independent cannabis testing laboratory fails to substantially meet the performance standards described in Subsection (14)(b); orif, following an investigation conducted pursuant to Subsection 04-Ch4_41a|4-41a-201.1], the board finds that the licensee has participated in an anticompetitive business practice.

(10) A person who receives a cannabis production establishment license under this chapter, if the municipality or county where the licensed cannabis production establishment will be located requires a local land use permit, shall submit to the licensing board a copy of the licensee’s approved application for the land use permit within 120 days after the day on which the licensing board issues the license.If a licensee fails to submit to the licensing board a copy of the licensee’s approved land use permit application in accordance with Subsection (10)(a), the licensing board may revoke the licensee’s license.

(11) The department shall deposit the proceeds of a fee that the department imposes under this section into the Qualified Production Enterprise Fund.

(12) The department shall begin accepting applications under this part on or before January 1, 2020.

(13) The department’s authority, and consequently the licensing board’s authority, to issue a license under this section is plenary and is not subject to review.Notwithstanding Subsection (2)(a)(ii)(A), the decision of the department to award a license to an applicant is not subject to:Title 63G, Chapter 6a, Part 16, Protests; orTitle 63G, Chapter 6a, Part 17, Procurement Appeals Board.

(14) Notwithstanding this section, the department:may operate or partner with a research university to operate an independent cannabis testing laboratory;if the department operates or partners with a research university to operate an independent cannabis testing laboratory, may not cease operating or partnering with a research university to operate the independent cannabis testing laboratory unless:the department issues at least two licenses to independent cannabis testing laboratories; andthe department has ensured that the licensed independent cannabis testing laboratories have sufficient capacity to provide the testing necessary to support the state’s medical cannabis market; andafter ceasing department or research university operations under Subsection (14)(a)(ii) shall resume independent cannabis testing laboratory operations at any time if:fewer than two licensed independent cannabis testing laboratories are operating; orthe licensed independent cannabis testing laboratories become, in the department’s determination, unable to fully meet the market demand for testing.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.A license that the department issues to an independent cannabis testing laboratory is contingent upon substantial satisfaction of the performance standards described in Subsection (14)(b)(i), as determined by the board.

(15) A cannabis production establishment license is not transferrable or assignable.If the ownership of a cannabis production establishment changes by 50% or more:the cannabis production establishment shall submit a new application described in Subsection (2)(b), subject to Subsection (2)(c);within 30 days of the submission of the application, the board shall:conduct the application review described in Section 4-41a-201.1; andaward a license to the cannabis production establishment for the remainder of the term of the cannabis production establishment’s license before the ownership change if the cannabis production establishment meets the minimum standards for licensure and operation of the cannabis production establishment described in this chapter; andif the board approves the license application, notwithstanding Subsection (3), the cannabis production establishment shall pay a license fee that the department sets in accordance with Section 63J-1-504 in an amount that covers the board’s cost of conducting the application review.

Amended by Chapter 414, 2025 General Session

4-41a-201.1 - Cannabis Production Establishment and Pharmacy Licensing Advisory Board — Composition — Duties.

.1(1) There is created within the department the Cannabis Production Establishment and Pharmacy Licensing Advisory Board.

.1(2) The commissioner shall:appoint the members of the licensing board;submit the name of each individual that the commissioner appoints under Subsection (2)(a) to the governor for confirmation or rejection; andif the governor rejects an appointee that the commissioner submits under Subsection (2)(b), appoint another individual in accordance with this Subsection (2).

.1(3) Except as provided in Subsection (3)(b), the licensing board shall consist of the following eight members:the following seven voting members whom the commissioner appoints:one member of the public;one member with knowledge and experience in the pharmaceutical or nutraceutical manufacturing industry;one member representing law enforcement;one member whom an organization representing medical cannabis patients recommends;a chemist who has experience with cannabis and who is associated with a research university;a pharmacist who is not associated with the medical cannabis industry; andan accountant; andthe commissioner or the commissioner’s designee as a non-voting member, except to cast a deciding vote in the event of a tie.The commissioner may appoint a ninth member to the licensing board who has a background in the cannabis cultivation and processing industry.The commissioner or the commissioner’s designee shall serve as the chair of the licensing board.An individual is not eligible for appointment to be a member of the licensing board if the individual:has any commercial or ownership interest in a cannabis production establishment, medical cannabis pharmacy, or medical cannabis courier;has an owner, officer, director, or employee whose family member holds a license or has an ownership interest in a cannabis production establishment, medical cannabis pharmacy, or medical cannabis courier; oris employed or contracted to lobby on behalf of any cannabis production establishment, medical cannabis pharmacy, or medical cannabis courier.

.1(4) Except as provided in Subsection (4)(b), a voting licensing board member shall serve a term of four years, beginning July 1 and ending June 30.Notwithstanding Subsection (4)(a), for the initial appointments to the licensing board, the commissioner shall stagger the length of the terms of licensing board members to ensure that the commissioner appoints two or three licensing board members every two years.As a licensing board member’s term expires:the licensing board member is eligible for reappointment; andthe commissioner shall make an appointment, in accordance with Subsection (2), for the new term before the end of the member’s term.When a vacancy occurs on the licensing board for any reason other than the expiration of a licensing board member’s term, the commissioner shall appoint a replacement to the vacant position, in accordance with Subsection (2), for the unexpired term.In making appointments, the commissioner shall ensure that no two members of the licensing board are employed by or represent the same company or nonprofit organization.The commissioner may remove a licensing board member for cause, neglect of duty, inefficiency, or malfeasance.

.1(5) Five members of the licensing board constitute a quorum of the licensing board.An action of the majority of the licensing board members when a quorum is present constitutes an action of the licensing board.The department shall provide staff support to the licensing board.A member of the licensing board may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.

.1(6) The licensing board shall:meet as called by the chair to review cannabis production establishment, medical cannabis pharmacy, and medical cannabis courier license applications;review each license application for compliance with:this chapter; anddepartment rules;conduct a public hearing to consider the license application;approve the department’s license application forms and checklists; andmake a determination on each license application.

.1(7) The licensing board shall hold a public hearing to review a cannabis production establishment’s or medical cannabis pharmacy’s license if the establishment:changes ownership by an interest of 20% or more;changes or adds a location;upgrades to a different licensing tier under department rule;changes extraction or formulation standard operating procedures;adds an industrial hemp processing or cultivation license to the same location as the cannabis production establishment’s processing facility; oras necessary based on the recommendation of the department.

.1(8) In a public hearing held under Subsection (7), the licensing board may consider the following in determining whether to approve a request to change pharmacy locations:medical cannabis availability, quality, and variety;whether geographic dispersal among licensees is sufficient to reasonably maximize access to the largest number of medical cannabis cardholders;the extent to which the pharmacy can increase efficiency and reduce the cost to patients of medical cannabis; andthe factors listed in Subsection 04-Ch4_41a|4-41a-1004].

.1(9) In a public hearing held pursuant to Subsection (7), the licensing board may not approve a request to change a medical cannabis pharmacy location outside of the pharmacy’s current region established under Subsection 04-Ch4_41a|4-41a-1005](c)(ii)(A).

.1(10) The licensing board shall meet as necessary to consider cannabis production establishment, medical cannabis pharmacy, and medical cannabis courier license renewal applications.During the meeting described in Subsection (10)(a):a representative from each applicant for renewal shall:attend in person or electronically; orsubmit information before the meeting, as the licensing board may require, for the licensing board’s consideration;the licensing board shall consider, for each cannabis cultivation facility seeking renewal, information including:the amount of biomass the licensee produced during the current calendar year;the amount of biomass the licensee projects to produce during the following year;the amount of hemp waste the licensee currently holds;the current square footage or acres of growing area the licensee uses; andthe square footage or acres of growing area the licensee projects to use in the following year;the licensing board shall consider, for each cannabis processing facility seeking renewal, information including:methods and procedures for extraction;standard operating procedures; anda complete listing of the medical dosage forms that the licensee produces; andthe licensing board shall consider, for each cannabis pharmacy seeking renewal, information including:product availability, quality, and variety;the pharmacy’s operating procedures and practices; andthe factors listed in Subsection 04-Ch4_41a|4-41a-1003].Following consideration of the information provided under Subsection (10)(b), the licensing board may elect to approve, deny, or issue conditional approval of a cannabis production establishment or pharmacy license renewal application.The information a licensee or license applicant provides to the licensing board for a license determination constitutes a protected record under Subsection 63G-2-305(1) or (2) if the applicant or licensee provides the licensing board with the information regarding business confidentiality required in Section 63G-2-309.

.1(11) In cooperation with the attorney general, the licensing board may investigate information received by the department indicating that a licensee is potentially engaging in anticompetitive business practices.In investigating potential anticompetitive business practices under this section, the attorney general may issue civil investigative demands as set forth in Section 76-16-506.

.1(12) The department shall:provide staff support for the licensing board;assist the licensing board in conducting meetings; andreview all submitted applications for completion and accuracy.

Amended by Chapter 414, 2025 General Session

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 interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant:a fingerprint card in a form acceptable to the Department of Public Safety;a signed waiver in accordance with Subsection 53-Ch53_10|53-10-108] acknowledging the registration of the individual’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service; andconsent to a fingerprint background check by:the Utah Bureau of Criminal Identification; andthe Federal Bureau of Investigation.

(2) The Bureau of Criminal Identification shall:check the fingerprints the applicant submits under Subsection (1) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;report the results of the background check to the department;maintain a separate file of fingerprints that applicants submit under Subsection (1) for search by future submissions to the local and regional criminal records databases, including latent prints;request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; andestablish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.

(3) The department shall:assess an individual who submits fingerprints under Subsection (1) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; andremit the fee described in Subsection (3)(a) to the Bureau of Criminal Identification.

Amended by Chapter 217, 2024 General Session

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 significant failure of compliance with this chapter or department rules in the review described in Section 4-41a-201.1; orgrounds for revocation described in Subsections 4-41a-201(9)(b) through (g);

(3) the licensee pays the department a license renewal fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and

(4) if the cannabis production establishment changes the operating plan described in Section 4-41a-204 that the department or licensing board approved under Subsection 4-41a-201(2)(b)(iii), the department approves the new operating plan.

Amended by Chapter 290, 2022 General Session

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 description of the physical characteristics of each proposed facility, including a floor plan and an architectural elevation;a description of the credentials and experience of:each officer, director, and owner of the proposed cannabis production establishment; andany highly skilled or experienced prospective employee;the cannabis production establishment’s employee training standards;a security plan;a description of the cannabis production establishment’s inventory control system, including a description of how the inventory control system is compatible with the state electronic verification system described in Section 26B-4-202;storage protocols, both short- and long-term, to ensure that cannabis is stored in a manner that is sanitary and preserves the integrity of the cannabis;for a cannabis cultivation facility, the information described in Subsection (2);for a cannabis processing facility, the information described in Subsection (3);for an independent cannabis testing laboratory, the information described in Subsection (4); andfor a cannabis production establishment located in an industrial zone, a plan to reduce odor created by the cannabis production establishment that:meets local ordinance nuisance laws; andidentifies:operations and materials that generate odors; andequipment, operations, or materials the cannabis production establishment will use to mitigate odor emissions, including plans to maintain equipment.

(2) A cannabis cultivation facility shall ensure that the facility’s operating plan includes the facility’s intended:cannabis cultivation practices, including the facility’s intended pesticide use and plant food use; andsubject to Subsection (2)(b), acreage or square footage under cultivation and anticipated cannabis yield.Except as provided in Subsection (2)(c)(i) or (c)(ii), a cannabis cultivation facility may not:for a facility that cultivates cannabis only indoors, use more than 100,000 total square feet of cultivation space;for a facility that cultivates cannabis only outdoors, use more than four acres for cultivation; andfor a facility that cultivates cannabis through a combination of indoor and outdoor cultivation, use more combined indoor square footage and outdoor acreage than allowed under the department’s formula described in Subsection (2)(e).Each licensee may apply to the department for:a one-time, permanent increase of up to 20% of the limitation on the cannabis cultivation facility’s cultivation space; ora short-term increase, not to exceed 12 months, of up to 40% of the limitation on the cannabis cultivation facility’s cultivation space.After conducting a review equivalent to the review described in Subsection 4-41a-205(2)(a), if the department determines that additional cultivation is needed, the department may:grant the one-time, permanent increase described in Subsection (2)(c)(i)(A); orgrant the short-term increase described in Subsection (2)(c)(i)(B).If a licensee describes an intended acreage or square footage under cultivation under Subsection (2)(a)(ii) that is less than the limitation described in Subsection (2)(b), the licensee may not cultivate more than the licensee’s identified intended acreage or square footage under cultivation.The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish a formula for combined usage of indoor and outdoor cultivation that:does not exceed, in estimated cultivation yield, the aggregate limitations described in Subsection (2)(b)(i) or (ii); andallows a cannabis cultivation facility to operate both indoors and outdoors.The department may authorize a cannabis cultivation facility to operate at no more than two separate locations.If the department authorizes multiple locations under Subsection (2)(f)(i), the two cannabis cultivation facility locations combined may not exceed the cultivation limitations described in this Subsection (2).

(3) A cannabis processing facility’s operating plan shall include the facility’s intended cannabis processing practices, including the cannabis processing facility’s intended:offered variety of cannabis product;cannabinoid extraction method;cannabinoid extraction equipment;processing equipment;processing techniques; andsanitation and manufacturing safety procedures for items for human consumption.

(4) An independent cannabis testing laboratory’s operating plan shall include the laboratory’s intended:cannabis and cannabis product testing capability;cannabis and cannabis product testing equipment; andtesting methods, standards, practices, and procedures for testing cannabis and cannabis products.

(5) Notwithstanding an applicant’s proposed operating plan, a cannabis production establishment is subject to land use regulations implemented by a local land use authority under Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, or Title 17, Chapter 79, County Land Use, Development, and Management Act, regarding the availability of outdoor cultivation in an industrial zone.

Amended by Chapter 16, 2025 Special Session 1

4-41a-204.1 - Odor control recommendations.

.1(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:is, or can reasonably be expected to be, injurious to public health or welfare; orunreasonably interferes with the enjoyment of life or the use of a person’s property that is exposed to the odor.

.1(2) Before January 1, 2026, the department shall provide a report with recommendations to the Medical Cannabis Governance Structure Working Group created in Section 36-12-8.2 regarding objectionable odor control standards for cannabis production establishments.The department shall:work with a cannabis production establishment to monitor odor emitted by the cannabis production establishment; andconsult with each county and municipality that currently has a cannabis production establishment sited within the county or municipality’s boundaries regarding potential standards for the maximum amounts of objectionable odors emitted by a cannabis production establishment.A cannabis production establishment shall provide information related to the cannabis production establishment’s odor emissions to the department upon request.The report shall include an analysis regarding:potential standards for measurement of objectionable odors related to cannabis production and distinct levels of odor tolerability;the feasibility of setting a universal odor control standard;the feasibility of enforcing odor control standards;cost incurred by a cannabis production establishment to comply with potential odor control standards;interests of other businesses and community members affected by objectionable odor; andother information the department deems relevant.

.1(3) The department shall examine odor control regulation from other locales.

.1(4) The department may collaborate with other state agencies when creating the recommendations.

Enacted by Chapter 128, 2025 General Session

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) The department may issue a number of licenses to operate a cannabis cultivation facility that, in addition to the licenses described in Subsection (1), does not cause the total number of licenses to exceed 15 if the department determines, in consultation with the Department of Health and Human Services and after an annual or more frequent analysis of the current and anticipated market for medical cannabis, that each additional license is necessary to provide an adequate supply, quality, or variety of medical cannabis to medical cannabis cardholders.If the recipient of one of the initial licenses described in Subsection (1) ceases operations for any reason or otherwise abandons the license, the department may but is not required to grant the vacant license to another applicant based on an analysis as described in Subsection (2)(a).

(3) If there are more qualified applicants than the number of available licenses for cannabis cultivation facilities under Subsections (1) and (2), the department shall evaluate the applicants and award the limited number of licenses described in Subsections (1) and (2) to the applicants that best demonstrate:experience with establishing and successfully operating a business that involves:complying with a regulatory environment;tracking inventory; andtraining, evaluating, and monitoring employees;an operating plan that will best ensure the safety and security of patrons and the community;positive connections to the local community; andthe extent to which the applicant can increase efficiency and reduce the cost to patients of medical cannabis.

(4) The department may conduct a face-to-face interview with an applicant for a license that the department evaluates under Subsection (3).

(5) The licensing board may not issue more than 18 tier one cannabis processing facility licenses.

Amended by Chapter 414, 2025 General Session

Cannabis Production Establishments Agents

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 seasonal, temporary, or permanent employee.

(2) The following individuals, regardless of the individual’s status as a recommending medical provider, may not serve as a cannabis production establishment agent, have a financial or voting interest of 2% or greater in a cannabis production establishment, or have the power to direct or cause the management or control of a cannabis production establishment:a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; ora physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act.

(3) An independent cannabis testing laboratory agent may not act as an agent for a medical cannabis pharmacy, a medical cannabis courier, a cannabis processing facility, or a cannabis cultivation facility.

(4) The department shall, within 15 business days after the day on which the department receives a complete application from a prospective cannabis production establishment agent, register and issue a cannabis production establishment agent registration card to the prospective agent if the prospective agent:provides to the department:the prospective agent’s name and address;which cannabis production establishment agent designations the applicant desires; andthe submission required under Subsection (4)(b); andpays a fee to the department in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504.Each prospective agent described in Subsection (4)(a) shall:submit to the department:a fingerprint card in a form acceptable to the Department of Public Safety; anda signed waiver in accordance with Subsection 53-Ch53_10|53-10-108] acknowledging the registration of the prospective agent’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service; andconsent to a fingerprint background check by:the Bureau of Criminal Identification; andthe Federal Bureau of Investigation.The Bureau of Criminal Identification shall:check the fingerprints the prospective agent submits under Subsection (4)(b) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;report the results of the background check to the department;maintain a separate file of fingerprints that prospective agents submit under Subsection (4)(b) for search by future submissions to the local and regional criminal records databases, including latent prints;request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; andestablish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.The department shall:assess an individual who submits fingerprints under Subsection (4)(b) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; andremit the fee described in Subsection (4)(d)(i) to the Bureau of Criminal Identification.

(5) The department shall designate, on an individual’s cannabis production establishment agent registration cardthe type of cannabis production establishment for which the individual is authorized to act as an agent.When issuing a card under Subsection (5)(a) the department:may issue a cannabis production establishment agent registration card that contains both a cannabis processing facility designation and a cannabis cultivator facility designation; andif the cannabis production establishment agent registration card will contain an independent cannabis testing laboratory designation, may not include any other designations.

(6) A cannabis production establishment agent shall comply with:a certification standard that the department develops; ora certification standard that the department has reviewed and approved.

(7) The department shall ensure that the certification standard described in Subsection (6) includes training:in Utah medical cannabis law;for a cannabis cultivation facility agent, in cannabis cultivation best practices;for a cannabis processing facility agent, in cannabis processing, manufacturing safety procedures for items for human consumption, and sanitation best practices; andfor an independent cannabis testing laboratory agent, in cannabis testing best practices.The department shall review the training described in Subsection (7)(a) annually or as often as necessary to ensure compliance with this section.

(8) For an individual who holds or applies for a cannabis production establishment agent registration card:the department may revoke or refuse to issue the card if the individual violates the requirements of this chapter; andthe department shall revoke or refuse to issue the card if the individual is convicted under state or federal law of:a felony in the preceding 10 years; orafter December 3, 2018, a misdemeanor for drug distribution.

(9) A cannabis production establishment agent registration card expires two years after the day on which the department issues the card.A cannabis production establishment agent may renew the agent’s registration card if the agent:is eligible for a cannabis production establishment registration card under this section;certifies to the department in a renewal application that the information in Subsection (4)(a) is accurate or updates the information; andpays to the department a renewal fee in an amount that:subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504; andmay not exceed the cost of the relatively lower administrative burden of renewal in comparison to the original application process.

(10) A cannabis production establishment shall:maintain a list of each employee that holds a cannabis production establishment agent registration card; andprovide the list to the department upon request.

Amended by Chapter 392, 2025 General Session

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 card with the agent at all times when:the agent is on the premises of a cannabis production establishment where the agent is registered;the agent is transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device between:two cannabis production establishments; ora cannabis production establishment and a medical cannabis pharmacy; andif the cannabis production establishment agent is an agent of a cannabis cultivation facility, the agent is transporting raw cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory.

(2) If a cannabis processing facility agent possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device and produces the registration card in the agent’s possession in compliance with Subsection (1) while handling, at a cannabis production establishment, or transporting the cannabis, cannabis product, or medical cannabis device in compliance with Subsection (1):there is a rebuttable presumption that the agent possesses the cannabis, cannabis product, or medical cannabis device legally; anda law enforcement officer does not have probable cause, based solely on the agent’s possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis device in compliance with Subsection (1), to believe that the individual is engaging in illegal activity.

(3) A cannabis production establishment agent who fails to carry the agent’s cannabis production establishment agent registration card in accordance with Subsection (1) is:for a first or second offense in a two-year period:guilty of an infraction; andsubject to a $100 f in e; or f or a t hi r d ors u b se q u e n t o ff e n se ina tw o - ye a r p er i o d : gu i lt yo f a c l a ss C mi s d e m e an or; an d s u bj ec tt o a$ 750 fine.The prosecuting entity shall notify the department and the relevant cannabis production establishment of each conviction under Subsection (3)(a).For each violation described in Subsection (3)(a)(ii), the department may assess the relevant cannabis production establishment a fine of up to $5,000, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.An individual who is guilty of a violation described in Subsection (3)(a) is not guilty for a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (3)(a).

Amended by Chapter 5, 2019 Special Session 1

General Cannabis Production Establishment Operating Requirements

4-41a-401 - Cannabis production establishment — General operating requirements.

(1) A cannabis production establishment shall operate in accordance with the operating plan described in Sections 4-41a-201 and 4-41a-204.A cannabis production establishment shall notify the department before a change in the cannabis production establishment’s operating plan.If a cannabis production establishment changes the cannabis production establishment’s operating plan, the establishment shall ensure that the new operating plan complies with this chapter.The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to:review a change notification described in Subsection (1)(b);identify for the cannabis production establishment each point of noncompliance between the new operating plan and this chapter;provide an opportunity for the cannabis production establishment to address each identified point of noncompliance; andsuspend or revoke a license if the cannabis production establishment fails to cure the noncompliance.

(2) A cannabis production establishment shall operate:except as provided in Subsection (5), in a facility that is accessible only by an individual with a valid cannabis production establishment agent registration card issued under Section 4-41a-301; andat the physical address provided to the department under Section 4-41a-201.

(3) A cannabis production establishment may not employ an individual who is younger than 21 years old.

(4) A cannabis production establishment may not employ an individual who has been convicted, under state or federal law, of:a felony in the preceding 10 years; orafter December 3, 2018, a misdemeanor for drug distribution.

(5) A cannabis production establishment may authorize an individual who is at least 18 years old and is not a cannabis production establishment agent to access the cannabis production establishment if the cannabis production establishment:tracks and monitors the individual at all times while the individual is at the cannabis production establishment; andmaintains a record of the individual’s access, including arrival and departure.

(6) A cannabis production establishment shall operate in a facility that has:a single, secure public entrance;a security system with a backup power source that:detects and records entry into the cannabis production establishment; andprovides notice of an unauthorized entry to law enforcement when the cannabis production establishment is closed; anda lock or equivalent restrictive security feature on any area where the cannabis production establishment stores cannabis or a cannabis product.

(7) A cannabis production establishment shall maintain a video surveillance system that:tracks all handling and processing of cannabis or a cannabis product in the establishment;is tamper proof; andstores a video record for at least 45 days.A cannabis production establishment shall provide the department access to the video surveillance system upon request.

Amended by Chapter 414, 2025 General Session

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) An inspection under this section may include:inspection of a site, facility, vehicle, book, record, paper, document, data, and other physical or electronic information;questioning of any relevant individual;observation of an independent cannabis testing laboratory’s methods, standards, practices, and procedures;the taking of a specimen of cannabis or cannabis products sufficient for testing purposes; orinspection of equipment, an instrument, a tool, or machinery, including a container or label.Notwithstanding Section 4-41a-404, an authorized department employee may possess and transport a specimen of cannabis or cannabis products for testing described in Subsection (2)(a).

(3) In making an inspection under this section, the department may freely access any area and review and make copies of a book, record, paper, document, data, or other physical or electronic information, including financial data, sales data, shipping data, pricing data, and employee data.

(4) Failure to provide the department or the department’s authorized agents immediate access to records and facilities during business hours in accordance with this section may result in: the imposition of a civil monetary penalty that the department sets in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;license or registration suspension or revocation; oran immediate cessation of operations under a cease and desist order that the department issues.

Renumbered and Amended by Chapter 1, 2018 Special Session 3

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 production establishment.

(3) A cannabis production establishment may maintain a website that:contains information about the establishment and employees; andexcept as provided in Subsection (3)(b), does not advertise any medical cannabis, cannabis products, or medical cannabis devices.A cannabis processing facility may:if the website has age verification mechanisms that effectively prevent access by individuals under 21 years old, maintain a website that contains:educational information regarding medical cannabis produced by the cannabis processing facility, including the certificate of analysis that is created by an independent cannabis testing facility; andwhere medical cannabis produced by the cannabis processing facility may be purchased in the state; andengage in targeted marketing in accordance with Section 4-41a-604 for advertising a particular medical cannabis product, medical cannabis device, or medical cannabis brand.

(4) Notwithstanding any municipal or county ordinance prohibiting signage, a cannabis production establishment may use signage on the outside of the cannabis production establishment that:includes only:in accordance with Subsection (4)(b), the cannabis production establishment’s name, logo, and hours of operation; anda green cross; andcomplies with local ordinances regulating signage.The department shall define standards for a cannabis production establishment’s name and logo to ensure a medical rather than recreational disposition.

(5) A cannabis production establishment may hold an educational event for the public or medical providers in accordance with this Subsection (5) and the rules described in Subsection (5)(c).A cannabis production establishment may not include in an educational event described in Subsection (5)(a):any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;any gift items or merchandise other than educational materials, as those terms are defined by the department;any marketing for a specific product from the cannabis production establishment or any other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; ora presenter other than the following:a cannabis production establishment agent;a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; ora state employee.The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define the elements of and restrictions on the educational event described in Subsection (5)(a), including a minimum age of 21 years old for attendees.

Amended by Chapter 114, 2025 General Session

4-41a-404 - Medical cannabis transportation.

(1) 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:a cannabis production establishment agent;a medical cannabis cardholder who is transporting a medical cannabis treatment that the cardholder is authorized to possess under this chapter;a registered medical cannabis pharmacy agent;a registered medical cannabis courier agent; anda registered pharmacy medical provider.Only an agent of a cannabis cultivation facility, when the agent is transporting cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory, may transport unprocessed cannabis outside of a medicinal dosage form.

(2) Except for an individual with a valid medical cannabis card under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, who is transporting a medical cannabis treatment, an individual transporting cannabis or a cannabis product shall: be employed by the entity licensed under this chapter that is authorizing the transportation of the cannabis or cannabis product; andpossess a transportation manifest that:includes a unique identifier that links the cannabis or cannabis product to a relevant inventory control system;includes origin and destination information for any cannabis or cannabis product that the individual is transporting; andidentifies the departure and arrival times and locations of the individual transporting the cannabis or cannabis product.

(3) In addition to the requirements in Subsections (1) and (2), the department may establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements for transporting cannabis or cannabis product to ensure that the cannabis or cannabis product remains safe for human consumption.The transportation described in Subsection (3)(a) is limited to transportation:between a cannabis production establishment and another cannabis production establishment;between a cannabis processing facility and a medical cannabis pharmacy; anda medical cannabis pharmacy and: another medical cannabis pharmacy; orfor a medical cannabis shipment, a delivery address.

(4) It is unlawful for a registered cannabis production establishment agent to make a transport described in this section with a manifest that does not meet the requirements of this section.Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is:guilty of an infraction; andsubject to a $100 fine.An individual who is guilty of a violation described in Subsection (4)(b) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (4)(b).If the agent described in Subsection (4)(a) is transporting more cannabis or cannabis product than the manifest identifies, except for a de minimis administrative error:the penalty described in Subsection (4)(b) does not apply; andthe agent is subject to penalties under Title 58, Chapter 37, Utah Controlled Substances Act.

(5) Nothing in this section prevents the department from taking administrative enforcement action against a cannabis production establishment, medical cannabis pharmacy, medical cannabis courier, or another person for failing to make a transport in compliance with the requirements of this section.

(6) An individual other than an individual described in Subsection (1) may transport a medical cannabis device within the state if the transport does not also contain medical cannabis.

Amended by Chapter 273, 2023 General Session

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: render medical cannabis waste unusable and unrecognizable before transporting the medical cannabis waste from the cannabis production establishment; anddispose of medical cannabis waste in accordance with:federal and state laws, rules, and regulations related to hazardous waste;the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;Title 19, Chapter 6, Part 5, Solid Waste Management Act; andother regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(3) An individual may not transport or dispose of medical cannabis waste other than as provided in this section.

Enacted by Chapter 1, 2018 Special Session 3

4-41a-406 - Local control.

(1) As used in this section:“Cannabis production establishment” means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy.”Land use application” means the same as that term is defined in Sections 10-20-102 and 17-79-102.”Land use decision” means the same as that term is defined in Sections 10-20-102 and 17-79-102.”Land use permit” means the same as that term is defined in Sections 10-20-102 and 17-79-102.”Land use regulation” means the same as that term is defined in Sections 10-20-102 and 17-79-102.

(2) If a municipality’s or county’s zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use.If a municipality’s or county’s zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use.The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.

(3) A municipality or county may not:on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:a land use permit to operate a cannabis production facility; ora business license to operate a cannabis production facility; orrequire a certain distance between a cannabis production establishment and:another cannabis production establishment;a medical cannabis pharmacy;a retail tobacco specialty business, as that term is defined in Section 26B-7-501; oran outlet, as that term is defined in Section 32B-1-202.

(4) Subject to the provisions of this section, when evaluating and approving a land use application for a cannabis production establishment:a municipality shall comply with Section 10-20-902; anda county shall comply with Section 17-79-803.An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in:Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; andTitle 17, Chapter 79, County Land Use, Development, and Management Act.

Amended by Chapter 15, 2025 Special Session 1

Cannabis Cultivation Facility Operating Requirements

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 cultivation facility shall use a unique identifier that is connected to the facility’s inventory control system to identify:beginning at the time a cannabis plant is eight inches tall and has a root ball, each cannabis plant;each unique harvest of cannabis plants;each batch of cannabis the facility transfers to a medical cannabis pharmacy, a cannabis processing facility, or an independent cannabis testing laboratory; andany excess, contaminated, or deteriorated cannabis of which the cannabis cultivation facility disposes.

(3) A cannabis cultivation facility shall identify cannabis biomass as cannabis byproduct or cannabis plant product before transferring the cannabis biomass from the facility.

(4) A cannabis cultivation facility shall either:ensure that a cannabis processing facility chemically or physically processes cannabis cultivation byproduct to produce a cannabis concentrate for incorporation into cannabis derivative products; ordestroy cannabis cultivation byproduct in accordance with Section 4-41a-405.

(5) A cannabis cultivation facility may utilize radiation-based methods and equipment for quality assurance or remediation purposes.

(6) The department shall make rules establishing:the records a cannabis cultivation facility must keep regarding each batch, amount of product treated, and the methods used; anddisclosure requirements to a cannabis processor receiving the material subject to the radiation including the methods and equipment used.

Amended by Chapter 114, 2025 General Session

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: label the cannabis with a label that has a unique batch identification number that is connected to the inventory control system; andpackage the cannabis in a container that is:tamper evident; andnot appealing to children.

(2) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to further define standards regarding containers that may appeal to children under Subsection (1)(b)(ii).

Amended by Chapter 290, 2022 General Session

Cannabis Processing Facility Operating Requirements

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.

Renumbered and Amended by Chapter 1, 2018 Special Session 3

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:label the cannabis or cannabis product with a label that:clearly and unambiguously states that the cannabis product or package contains cannabis;clearly displays the amount of total composite tetrahydrocannabinol, cannabidiol, and any known cannabinoid that is greater than 1% of the total cannabinoids contained in the cannabis or cannabis product as determined under Subsection 04-Ch4_41a|4-41a-701];has a unique identification number that:is connected to the inventory control system; andidentifies the unique cannabis product manufacturing process the cannabis processing facility used to manufacture the cannabis product;identifies the cannabinoid extraction process that the cannabis processing facility used to create the cannabis product;does not display an image, word, or phrase that the facility knows or should know appeals to children; anddiscloses each active or potentially active ingredient, in order of prominence, and possible allergen; andpackage the raw cannabis or cannabis product in a medicinal dosage form in a container that:is tamper evident and tamper resistant;does not appeal to children;does not mimic a candy container;complies with child-resistant effectiveness standards that the United States Consumer Product Safety Commission establishes;includes a warning label that states:for a container labeled on or after January 1, 2024, “WARNING: Cannabis has intoxicating effects, may be addictive, and may increase risk of mental illness. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a recommending medical provider.”; orfor a container labeled on or after January 1, 2026, “WARNING: Cannabis use by pregnant or breastfeeding women, may result in fetal injury, preterm birth, or developmental problems for the child. Cannabis may be addictive and may increase risk of mental illness. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a recommending medical provider.”; andfor raw cannabis or a cannabis product sold in a vaporizer cartridge labeled on or after May 3, 2023, includes a warning label that states:“WARNING: Vaping of cannabis-derived products has been associated with lung injury.”; and”WARNING: Inhalation of cannabis smoke has been associated with lung injury.”.

(2) 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.”

(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:ensure that the label described in Subsection (1)(a) does not contain a photograph or other image of the content of the container; andinclude on the label described in Subsection (1)(a) a warning about the risks of over-consumption.

(4) For any cannabis product that contains an artificially derived cannabinoid, the cannabis processing facility shall ensure that the label clearly:identifies each artificially derived cannabinoid; andidentifies that each artificially derived cannabinoid is an artificially derived cannabinoid.

(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department:shall make rules to establish:a standard labeling format that:complies with the requirements of this section; andensures inclusion of a pharmacy label; andadditional requirements on packaging for cannabis and cannabis products to ensure safety and product quality; andmay make rules to further define standards regarding images, words, phrases, or containers that may appeal to children under Subsection (1)(a)(v) or (1)(b)(ii).

Amended by Chapter 392, 2025 General Session

4-41a-603 - Cannabis product — Product quality.

(1) A cannabis processing facility: may not produce a cannabis product in a physical form that:the facility knows or should know appeals to children;is designed to mimic or could be mistaken for a candy product; orfor a cannabis product used in vaporization, includes a candy-like flavor or another flavor that the facility knows or should know appeals to children;notwithstanding Subsection (1)(a)(iii), may produce a concentrated oil with a flavor that the department approves to facilitate minimizing the taste or odor of cannabis; andshall ensure that batch heavy metal testing is conducted on any vaporizer cartridge that is used with a cannabis product.

(2) A cannabis product may vary in the cannabis product’s labeled cannabinoid profile by up to 10% of the indicated amount of a given cannabinoid, by weight.

(3) A cannabis processing facility shall isolate any artificially derived cannabinoid to a purity of greater than 95%, as determined by an independent cannabis testing laboratory using liquid chromatography-mass spectroscopy or an equivalent method.

(4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: adopt human safety standards for the manufacturing of cannabis products that are consistent with best practices for the use of cannabis; andfurther define standards regarding products that may appeal to children under Subsection (1)(a).

(5) Nothing in this section prohibits a sugar coating on a gelatinous cube, gelatinous rectangular cuboid, or lozenge to mask the product’s taste, subject to the limitations on form and appearance described in Subsections (1)(a) and (4)(b).

Amended by Chapter 313, 2023 General Session

4-41a-604 - Advertising.

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules establishing conditions under which a cannabis processing facility may engage in targeted marketing.

Enacted by Chapter 217, 2024 General Session

Independent Cannabis Testing Laboratories

4-41a-701 - Cannabis and cannabis product testing.

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:determine required adulterant tests for a cannabis plant product, cannabis concentrate, or cannabis product;determine the amount of any adulterant that is safe for human consumption;immediately ban or limit the presence of any ingredient in a medical cannabis product after receiving a recommendation to do so from a public health authority under Section 26B-1-102;establish protocols for a recall of medical cannabis by a cannabis production establishment; orallow the propagation of testing results forward to derived product if the processing steps the cannabis production establishment uses to produce the product are unlikely to change the results of the test.

(2) The department may require testing for a toxin if:the department receives information indicating the potential presence of a toxin; orthe department’s inspector has reason to believe a toxin may be present based on the inspection of a facility.The department may not require a cannabis processor to test a cannabis batch or a cannabis product batch a third time if the cannabis batch or cannabis product has previously met all testing requirements after being tested by:an independent cannabis testing laboratory that is not the department; andthe department.

(3) A cannabis production establishment may not:incorporate cannabis concentrate into a cannabis derivative product until an independent cannabis testing laboratory tests the cannabis concentrate in accordance with department rule; ortransfer cannabis or a cannabis product to a medical cannabis pharmacy until an independent cannabis testing laboratory tests a representative sample of the cannabis or cannabis product in accordance with department rule.A medical cannabis pharmacy may not offer any cannabis or cannabis product for sale unless an independent cannabis testing laboratory has tested a representative sample of the cannabis or cannabis product in accordance with department rule.

(4) Before the sale of a medical cannabis product, an independent cannabis testing laboratory shall:identify and quantify any cannabinoid known to be present in the medical cannabis product; andtest terpene profiles for the following products:raw cannabis; ora cannabis product:contained in a vaporizer cartridge; orin concentrate form; andrecord the five highest terpene profiles tested under Subsection (4)(b).

(5) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the testing of cannabis and cannabis products by independent cannabis testing laboratories.

(6) The department may require an independent cannabis testing laboratory to participate in a proficiency evaluation that the department conducts or that an organization that the department approves conducts.

Amended by Chapter 114, 2025 General Session

4-41a-702 - Reporting — Inspections — Seizure by the department.

(1) If an independent cannabis testing laboratory determines that the results of a lab test indicate that a cannabis or cannabis product batch may be unsafe for human use: the independent cannabis testing laboratory shall report the results and the cannabis or cannabis product batch to:the department; andthe cannabis production establishment that prepared the cannabis or cannabis product batch;the department shall place a hold on the cannabis or cannabis product batch to:investigate the cause of the defective batch; andmake a determination; andthe cannabis production establishment that prepared the cannabis or cannabis product batch may appeal the determination described in Subsection 04-Ch4_41a|(1)](ii) to the department.

(2) If the department determines, under Subsection 04-Ch4_41a|(1)](ii) or following an appeal under Subsection 04-Ch4_41a|(1)], that a cannabis or cannabis product prepared by a cannabis production establishment is unsafe for human consumption, the department may seize, embargo, or destroy, in the same manner as a cannabis production establishment under Section 4-41a-405, the cannabis or cannabis product batch.

(3) If an independent cannabis testing laboratory determines that the results of a lab test indicate that the cannabinoid content of a cannabis or cannabis product batch diverges more than 10% from the amounts the label indicates, the cannabis processing facility may not sell the cannabis or cannabis product batch unless the facility replaces the incorrect label with a label that correctly indicates the cannabinoid content.

Amended by Chapter 350, 2021 General Session

Enforcement and Report

4-41a-801 - Enforcement — Fine — Citation.

(1) If a person that is a cannabis production establishment, a cannabis production establishment agent, a medical cannabis pharmacy, a medical cannabis pharmacy agent, or a medical cannabis courier, violates this chapter, the department may:revoke the person’s license or agent registration card;decline to renew the person’s license or agent registration card;assess the person an administrative penalty that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; orprovide a letter of concern in accordance with Subsection (8).Except for a violation that threatens public health or for the third violation of the same rule or statute in a 24-month period, the department shall issue a letter of concern before taking other administrative action under this section.

(2) The department shall deposit an administrative penalty imposed under this section into the General Fund.

(3) The department may take an action described in Subsection (3)(b) if the department concludes, upon investigation, that, for a person that is a cannabis production establishment, a cannabis production establishment agent, a medical cannabis pharmacy, a medical cannabis pharmacy agent, or a medical cannabis courier:the person has violated the provisions of this chapter, a rule made under this chapter, or an order issued under this chapter; or.the person produced cannabis or a cannabis product batch that contains a substance, other than cannabis, that poses a significant threat to human health.If the department makes the determination about a person described in Subsection (3)(a), the department may:issue the person a written administrative citation;attempt to negotiate a stipulated settlement;order the person to cease and desist from the action that creates a violation; ordirect the person to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.If the department concludes, upon investigation, that a cannabis production establishment or a cannabis production establishment agent has produced a cannabis batch or a cannabis product batch that contains a substance that poses a significant threat to human health, the department shall seize, embargo, or destroy the cannabis batch or cannabis product batch.

(4) The department may, for a person subject to an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding under this section, for a fine amount not already specified in law, assess the person, who is not an individual, a fine of up to $5,000 per violation, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(5) The department may not revoke a license without first directing the licensee to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.

(6) If within 30 calendar days after the day on which a department serves a citation for a violation of this chapter, the person that is the subject of the citation fails to request a hearing to contest the citation, the citation becomes the department’s final order.

(7) The department may, for a person who fails to comply with a citation under this section:refuse to issue or renew the person’s license or agent registration card; orsuspend, revoke, or place on probation the person’s license or registration card.

(8) A letter of concern shall describe:the violation including the statute or rule being violated;possible options to remedy the issue; andpossible consequences for not remedying the violation.Under a letter of concern, the department shall provide the person at least 30 days to remedy the violation.If the person fails to remedy the violation described in a letter of concern, the department may take other enforcement action as described in this section.If a letter of concern is resolved without an enforcement action being taken under Subsection (8)(c), the department may not report that a letter of concern was issued to the licensing board.

(9) Except where a criminal penalty is expressly provided for a specific violation of this chapter, or where civil and criminal penalties are provided for violations of Section 76-10-31, if an individual:violates a provision of this chapter, the individual is:guilty of an infraction; andsubject to a $100 f in e; or in t e n t i o na ll yor kn o w in g l y v i o l a t es a p ro v i s i o n o f t hi sc ha pt eror v i o l a t es t hi sc ha pt er t h reeor m ore t im es, t h e in d i v i d u a l i s : gu i lt yo f a c l a ss B mi s d e m e an or; an d s u bj ec tt o a$ 1,000 fine.An individual who is guilty of a violation described in Subsection (9)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (9)(a).

(10) Nothing in this section prohibits: the department from referring potential criminal activity to law enforcement; orthe attorney general from investigating or prosecuting individuals or businesses for violations of Title 76, Chapter 10, Part 31, Utah Antitrust Act.

(11) An appeal of administrative action taken under this chapter shall be heard by an administrative law judge as an informal proceeding in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 114, 2025 General Session

4-41a-802 - Report.

(1) At or before the November interim meeting each year, the department shall report to the Health and Human Services Interim Committee on:the number of applications and renewal applications that the department receives under this chapter;the number of each type of license that the department issues in each county;the amount of cannabis that licensees grow;the amount of cannabis that licensees manufacture into cannabis products;the number of licenses the department revokes under this chapter;the department’s operation of an independent cannabis testing laboratory under Section 4-41a-201, including:the cannabis and cannabis products the department tested; andthe results of the tests the department performed;the expenses incurred and revenues generated under this chapter;the total quantity of medical cannabis shipments;the number of overall purchases of medical cannabis from each medical cannabis pharmacy; andan analysis of product availability in medical cannabis pharmacies in consultation with the Department of Health and Human Services.

(2) The department may not include personally identifying information in the report described in this section.

(3) The department shall report to the working group described in Section 36-12-8.2 as requested by the working group.

(4) Before August 1, of each year, the department shall provide a report to the working group described in Section 36-12-8.2 that provides the following for each fine issued by the department under this chapter:the date of the fine;the reference to the statute or rule that was violated for each fine issued; anda short description explaining why the fine was issued.The report described in Subsection 04-Ch4_41a|(4)] may not include identifying information of the person that was subject to the fine.

Amended by Chapter 114, 2025 General Session

Academic Medical Cannabis Research

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.

(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: the location where the research university intends to conduct the research;the research university’s research plan; andthe name of the principal investigator of the research university who will:supervise the procurement, possession, and security of cannabis and cannabis product; andoversee 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: establish requirements for a licensee to:participate in academic medical cannabis research;obtain from a cannabis production establishment, and possess, cannabis for academic medical cannabis research; andset 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: conducting a physical inspection; orensuring 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

4-41a-902 - Cannabis production establishment product for academic research.

A cannabis production establishment may sell cannabis and cannabis products to a medical cannabis research licensee for the purpose of academic research.

Enacted by Chapter 5, 2019 Special Session 1

4-41a-903 - Unlawful acts.

(1) It is unlawful for a person who is not operating under the license of a medical cannabis research licensee to obtain or possess cannabis for academic medical cannabis research.

(2) It is unlawful for a cannabis production establishment to offer, sell, or otherwise provide cannabis or cannabis products for the purpose of academic research to an entity that is not a medical cannabis research licensee.

(3) The department may seize from a medical cannabis research licensee and destroy cannabis or cannabis products that do not comply with this chapter.

Enacted by Chapter 5, 2019 Special Session 1

Medical Cannabis Pharmacy License

4-41a-1001 - Medical cannabis pharmacy — License — Eligibility.

(1) A person may not:operate as a medical cannabis pharmacy without a license that the department issues under this part;obtain a medical cannabis pharmacy license if obtaining the license would cause the person to exceed the pharmacy ownership limit;obtain a partial ownership share of a medical cannabis pharmacy if obtaining the partial ownership share would cause the person to exceed the pharmacy ownership limit; orenter into any contract or agreement that allows the person to directly or indirectly control the operations of a medical cannabis pharmacy if the person’s control of the medical cannabis pharmacy would cause the person to effectively exceed the pharmacy ownership limit.

(2) 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.The licensing board may not issue a license to operate a medical cannabis pharmacy to an applicant who is not eligible for a license under this section.An applicant is eligible for a license under this section if the applicant submits to the licensing board:subject to Subsection (2)(c), a proposed name and address where the applicant will operate the medical cannabis pharmacy;the name and address of an individual who:for a publicly traded company, has a financial or voting interest of 10% or greater in the proposed medical cannabis pharmacy;for a privately held company, a financial or voting interest in the proposed medical cannabis pharmacy; orhas the power to direct or cause the management or control of a proposed medical cannabis pharmacy;for each application that the applicant submits to the department, a statement from the applicant that the applicant will obtain and maintain:a performance bond in the amount of $100, 000 i ss u e d b y a s u re t y a u t h or i ze d t o t r an s a c t s u re t y b u s in ess in t h es t a t e; or a l i q u i d c a s ha cco u n t in t h e am o u n t o f$ 100,000 with a financial institution;an operating plan that:complies with Section 4-41a-1004;includes operating procedures to comply with the operating requirements for a medical cannabis pharmacy described in this part and with a relevant municipal or county law that is consistent with Section 4-41a-1106; andthe department approves;an application fee in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504; anda description of any investigation or adverse action taken by any licensing jurisdiction, government agency, law enforcement agency, or court in any state for any violation or detrimental conduct in relation to any of the applicant’s cannabis-related operations or businesses.A person may not locate a medical cannabis pharmacy:within 200 feet of a community location; orin or within 600 feet of a district that the relevant municipality or county has zoned as primarily residential.The proximity requirements described in Subsection (2)(c)(i) shall be measured from the nearest entrance to the medical cannabis pharmacy establishment by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or residential area.The licensing board may grant a waiver to reduce the proximity requirements in Subsection (2)(c)(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.An applicant for a license under this section shall provide evidence of compliance with the proximity requirements described in Subsection (2)(c)(i).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).If the licensing board receives more than one application for a medical cannabis pharmacy within the same city or town, the department shall consult with the local land use authority before approving any of the applications pertaining to that city or town.In considering the issuance of a medical cannabis pharmacy license under this section, the licensing board may consider the extent to which the pharmacy can increase efficiency and reduce cost to patients of medical cannabis.

(3) After an entity has been selected for a medical cannabis pharmacy license under this section, the department shall:charge the applicant an initial license fee in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504;notify the Department of Public Safety of the license approval and the names of each individual described in Subsection (2)(b)(ii); andcharge the licensee a fee in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504, for any change in location, ownership, or company structure.For a fee described in Subsection (3)(a)(i), a license fee for a medical cannabis pharmacy located in a medically underserved area as determined by the federal Health Resources and Services Administration shall be 50% less than what is charged for other medical cannabis pharmacies.

(4) The licensing board may not issue a license to operate a medical cannabis pharmacy to an applicant if an individual described in Subsection (2)(b)(ii):has been convicted under state or federal law of:a felony in the preceding 10 years; orafter December 3, 2018, a misdemeanor for drug distribution;is younger than 21 years old; orafter September 23, 2019, until January 1, 2023, is actively serving as a legislator.

(5) If an applicant for a medical cannabis pharmacy license under this section holds another license under this chapter, the licensing board may not give preference to the applicant based on the applicant’s status as a holder of the license.

(6) The licensing board may revoke a license under this part: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;after the third of the same violation of this chapter in any of the licensee’s licensed cannabis production establishments or medical cannabis pharmacies;if an individual described in Subsection (2)(b)(ii) is convicted, while the license is active, under state or federal law of:a felony; orafter December 3, 2018, a misdemeanor for drug distribution;if the licensee fails to provide the information described in Subsection (2)(b)(vi) at the time of application, or fails to supplement the information described in Subsection (2)(b)(vi) with any investigation or adverse action that occurs after the submission of the application within 14 calendar days after the licensee receives notice of the investigation or adverse action;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;if, after a change of ownership described in Subsection (10)(c), the department determines that the medical cannabis pharmacy no longer meets the minimum standards for licensure and operation of the medical cannabis pharmacy described in this chapter; orif through an investigation conducted under Subsection 4-41a-201.1(11) and in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the licensing board finds that the licensee has participated in anticompetitive business practices.

(7) 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.If a licensee fails to submit to the department a copy the licensee’s approved land use permit application in accordance with Subsection (7)(a), the department may revoke the licensee’s license.

(8) The department shall deposit the proceeds of a fee imposed by this section into the Qualified Production Enterprise Fund.

(9) The licensing board’s authority to issue a license under this section is plenary and is not subject to review.Notwithstanding Subsection (2), the decision of the department to award a license to an applicant is not subject to:Title 63G, Chapter 6a, Part 16, Protests; orTitle 63G, Chapter 6a, Part 17, Procurement Appeals Board.

(10) A medical cannabis pharmacy license is not transferrable or assignable.A medical cannabis pharmacy shall report in writing to the department no later than 45 business days before the date of any change of ownership of the medical cannabis pharmacy.If the ownership of a medical cannabis pharmacy changes by 50% or more:concurrent with the report described in Subsection (10)(b), the medical cannabis pharmacy shall submit a new application described in Subsection (2)(b), subject to Subsection (2)(c);within 30 days of the submission of the application, the licensing board shall:conduct an application review; andaward a license to the medical cannabis pharmacy for the remainder of the term of the medical cannabis pharmacy’s license before the ownership change if the medical cannabis pharmacy meets the minimum standards for licensure and operation of the medical cannabis pharmacy described in this chapter; andif the department approves the license application, notwithstanding Subsection (3), the medical cannabis pharmacy shall pay a license fee that the department sets in accordance with Section 63J-1-504 in an amount that covers the department’s cost of conducting the application review.

Amended by Chapter 114, 2025 General Session

4-41a-1002 - Medical cannabis pharmacy owners and directors — Criminal background checks.

(1) Each applicant to whom the department issues a notice of intent to award a license to operate as a medical cannabis pharmacy shall submit, before the department may award the license, from each individual who has a financial or voting interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant: a fingerprint card in a form acceptable to the Department of Public Safety;a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service; andconsent to a fingerprint background check by:the Bureau of Criminal Identification; andthe Federal Bureau of Investigation.

(2) The Bureau of Criminal Identification shall: check the fingerprints the applicant submits under Subsection (1) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;report the results of the background check to the department;maintain a separate file of fingerprints that applicants submit under Subsection (1) for search by future submissions to the local and regional criminal records databases, including latent prints;request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; andestablish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.

(3) The department shall: assess an individual who submits fingerprints under Subsection (1) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; andremit the fee described in Subsection (3)(a) to the Bureau of Criminal Identification.

Renumbered and Amended by Chapter 273, 2023 General Session

4-41a-1003 - Renewal — Notice of available license.

(1) The department shall renew a license issued under this part every year if, at the time of renewal:the licensee meets the requirements of Section 4-41a-1001;the licensee pays the department a license renewal fee in an amount that, subject to Subsection 4-41a-1004(5), the department sets in accordance with Section 63J-1-504; andif the medical cannabis pharmacy changes the operating plan described in Section 4-41a-1004 that the department approved under Subsection 4-41a-1001(2)(b)(iv), the department approves the new operating plan.A license fee for a medical cannabis pharmacy located in a county of the third, fourth, fifth, or sixth class shall be 50% less than what is charged for other medical cannabis pharmacies.

(2) If a licensed medical cannabis pharmacy abandons the medical cannabis pharmacy’s license, the department shall publish notice of an available license, for the geographic area in which the medical cannabis pharmacy license is available, as a class A notice under Section 63G-30-102, for at least seven days.The department may establish criteria, 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, to identify the medical cannabis pharmacy actions that constitute abandonment of a medical cannabis pharmacy license.

(3) If the department has not completed the necessary processes to make a determination on a license renewal under Subsections (1)(a) and (c) before the expiration of a license, the department may issue a conditional medical cannabis pharmacy license to a licensed medical cannabis pharmacy that has applied for license renewal under this section and paid the fee described in Subsection (1)(b).

Amended by Chapter 114, 2025 General Session

4-41a-1004 - Operating plan.

A person applying for a medical cannabis pharmacy license shall submit to the department a proposed operation plan for the medical cannabis pharmacy that includes:

(1) a description of the physical characteristics of the proposed facility, including a floor plan and an architectural elevation;

(2) a description of the credentials and experience of: each officer, director, or owner of the proposed medical cannabis pharmacy; andany highly skilled or experienced prospective employee;

(3) the medical cannabis pharmacy’s employee training standards;

(4) a security plan;

(5) a description of the medical cannabis pharmacy’s inventory control system, including a plan to make the inventory control system compatible with the state electronic verification system;

(6) storage protocols, both short- and long-term, to ensure that cannabis is stored in a manner that is sanitary and preserves the integrity of the cannabis; and

(7) a description of the proposed medical cannabis pharmacy’s strategic plan for opening the medical cannabis pharmacy, including gauging appropriate timing based on: the supply of medical cannabis and medical cannabis products, in consultation with the department; andthe quantity and condition of the population of medical cannabis cardholders, in consultation with the Department of Health and Human Services.

Renumbered and Amended by Chapter 273, 2023 General Session

4-41a-1005 - Maximum number of licenses.

(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.

(2) The licensing board shall:evaluate each applicant and award the license to the applicant that best demonstrates:experience with establishing and successfully operating a business that involves complying with a regulatory environment, tracking inventory, and training, evaluating, and monitoring employees;an operating plan that will best ensure the safety and security of patrons and the community;positive connections to the local community;the suitability of the proposed location and the location’s accessibility for qualifying patients;the extent to which the applicant can increase efficiency and reduce the cost of medical cannabis for patients; anda strategic plan described in Subsection 04-Ch4_41a|4-41a-1004] that has a comparatively high likelihood of success; andensure a geographic dispersal among licensees that is sufficient to reasonably maximize access to the largest number of medical cannabis cardholders.In making the evaluation described in Subsection (2)(a), the licensing board may give increased consideration to applicants who indicate a willingness to:site a medical cannabis pharmacy in an area or population center designated as a medically underserved area or population as determined by the federal Health Resources and Services Administration; andoperate as a home delivery medical cannabis pharmacy that accepts electronic medical cannabis orders.

(3) The licensing board may conduct a face-to-face interview with an applicant for a license that the licensing board evaluates under Subsection (2).

Amended by Chapter 114, 2025 General Session

4-41a-1006 - Independent medical cannabis licenses.

(1) 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:before January 1, 2026, select one entity to receive a medical cannabis pharmacy license; andbefore January 1, 2027, but not before January 1, 2026, select one entity to receive a medical cannabis pharmacy license.When selecting entities under this section, if there is a conflict between the criteria established for obtaining a medical cannabis pharmacy license under the other sections of this chapter and this section, this section controls.

(2) For the license described in Subsection (1)(a)(ii), the licensing board may not select an entity:that owns any interest in or operates a medical cannabis production establishment; orthat is owned, partially or entirely, or operated by a medical cannabis production establishment.

(3) The licensing board:may not select an entity to receive a license under this section if the entity owns a financial interest in a medical cannabis pharmacy or is owned by an entity that owns a financial interest in a medical cannabis pharmacy; andshall select an entity that will site a medical cannabis pharmacy license issued under this section in an area:designated as a medically underserved area as determined by the federal Health Resources and Services Administration; andlocated in a county of the third, fourth, fifth, or sixth class.

(4) A license described in this section may not be transferred to another entity unless that entity meets the requirements of Subsections (2) and (3) that the transferring entity met when obtaining the license.

(5) Notwithstanding Subsection (4), for a license described in Subsection (1)(a)(i), an applicant shall commit to not alienating or otherwise transferring control of the license or of the entity that holds the license to another person for at least 15 years from the day the license is issued under this chapter.

(6) The department shall provide regular updates to the Medical Cannabis Governance Structure Working Group created in Section 36-12-8.2 regarding the application and selection process for licenses issued under this section.

Enacted by Chapter 114, 2025 General Session

Medical Cannabis Pharmacy Operation and Agents

4-41a-1101 - Operating requirements — General.

(1) A medical cannabis pharmacy shall operate:at the physical address provided to the department under Section 4-41a-1001; andin accordance with the operating plan provided to the department under Section 4-41a-1001 and, if applicable, Section 4-41a-1004.A medical cannabis pharmacy shall notify the department before a change in the medical cannabis pharmacy’s physical address or operating plan.

(2) An individual may not enter a medical cannabis pharmacy unless the individual:is at least 18 years old or is an emancipated minor under Section 80-7-105; andexcept as provided in Subsection (4):possesses a valid:medical cannabis pharmacy agent registration card;pharmacy medical provider registration card; ormedical cannabis card;is an employee of the department performing an inspection under Section 4-41a-1103; oris another individual as the department provides.

(3) A medical cannabis pharmacy may not employ an individual who is younger than 21 years old.

(4) Notwithstanding Subsection (2)(a), 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 at all times while the individual is at the medical cannabis pharmacy and maintains a record of the individual’s access.

(5) A medical cannabis pharmacy shall operate in a facility that has:a single, secure public entrance;a security system with a backup power source that:detects and records entry into the medical cannabis pharmacy; andprovides notice of an unauthorized entry to law enforcement when the medical cannabis pharmacy is closed; anda lock on each area where the medical cannabis pharmacy stores medical cannabis.

(6) A medical cannabis pharmacy shall post, both clearly and conspicuously in the medical cannabis pharmacy, the limit on the purchase of cannabis described in Subsection 04-Ch4_41a|4-41a-1102].

(7) Except for an emergency situation described in Subsection 26B-4-213(3)(b), a medical cannabis pharmacy may not allow any individual to consume cannabis on the property or premises of the medical cannabis pharmacy.

(8) A medical cannabis pharmacy may not sell medical cannabis without first indicating on the medical cannabis label the name of the medical cannabis pharmacy.

(9) Each medical cannabis pharmacy shall retain in the pharmacy’s records the following information regarding each recommendation underlying a transaction:the recommending medical provider’s name, address, and telephone number;the patient’s name and address;the date of issuance;directions of use and dosing guidelines or an indication that the recommending medical provider did not recommend specific directions of use or dosing guidelines; andif the patient did not complete the transaction, the name of the medical cannabis cardholder who completed the transaction.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:the name, address, and telephone number of the medical cannabis pharmacy;the unique identification number that the medical cannabis pharmacy assigns;the date of the sale;the name of the patient;the name of the recommending medical provider who recommended the medical cannabis treatment;directions for use and cautionary statements, if any;the amount dispensed and the cannabinoid content;the suggested use date;for unprocessed cannabis flower, the legal use termination date; andany other requirements that the department determines, in consultation with the Division of Professional Licensing and the Board of Pharmacy.A medical cannabis pharmacy is exempt from the requirement to provide the following information under Subsection (9)(b)(i) if the information is already provided on the product label that a cannabis production establishment affixes:a unique identification number;directions for use and cautionary statements;amount and cannabinoid content; anda suggested use date.If the size of a medical cannabis container does not allow sufficient space to include the labeling requirements described in Subsection (9)(b)(i), the medical cannabis pharmacy may provide the following information described in Subsection (9)(b)(i) on a supplemental label attached to the container or an informational enclosure that accompanies the container:the cannabinoid content;the suggested use date; andany other requirements that the department determines.A medical cannabis pharmacy may sell medical cannabis to another medical cannabis pharmacy without a label described in Subsection (9)(b)(i).

(10) A pharmacy medical provider or medical cannabis pharmacy agent shall:upon receipt of an order from a recommending medical provider in accordance with Subsections 26B-4-204(1)(b) and (c):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; andfor an order that the pharmacy medical provider or medical cannabis pharmacy agent verifies under Subsection (10)(a)(i) or an electronic order that is not subject to verification under Subsection (10)(a)(i), enter the recommending medical provider’s recommendation or renewal, including any associated directions of use, dosing guidelines, or caregiver indication, in the state electronic verification system;in processing an order for a holder of a conditional medical cannabis card described in Subsection 26B-4-213(1)(b) that appears irregular or suspicious in the judgment of the pharmacy medical provider or medical cannabis pharmacy agent, contact the recommending medical provider or the recommending medical provider’s office to verify the validity of the recommendation before processing the cardholder’s order;unless the medical cannabis cardholder has had a consultation under Subsection 26B-4-231(5), verbally offer to a medical cannabis cardholder at the time of a purchase of medical cannabis or a medical cannabis device, personal counseling with the pharmacy medical provider; andprovide a telephone number or website by which the cardholder may contact a pharmacy medical provider for counseling.

(11) 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.A medical cannabis pharmacy with a disposal program described in Subsection (11)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy medical provider can access deposited medical cannabis.A medical cannabis pharmacy shall dispose of any deposited medical cannabis by:rendering the deposited medical cannabis unusable and unrecognizable before transporting deposited medical cannabis from the medical cannabis pharmacy; anddisposing of the deposited medical cannabis in accordance with:federal and state law, rules, and regulations related to hazardous waste;the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;Title 19, Chapter 6, Part 5, Solid Waste Management Act; andother regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(12) A medical cannabis pharmacy:shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act, as a pharmacy medical provider;may employ a physician who has the authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as a pharmacy medical provider;shall ensure that a pharmacy medical provider described in Subsection (12)(a) works onsite during all business hours;shall designate one pharmacy medical provider described in Subsection (12)(a) as the pharmacist-in-charge to oversee the operation of and generally supervise the medical cannabis pharmacy;shall allow the pharmacist-in-charge to determine which medical cannabis products the medical cannabis pharmacy maintains in the medical cannabis pharmacy’s inventory;for each medical cannabis product sold by the medical cannabis pharmacy, shall:allow a medical cannabis cardholder located in the pharmacy to view the back panel of the product when requested; andbeginning July 1, 2025, include a picture of the back panel of the product on the medical cannabis pharmacy’s website;shall maintain a video surveillance system that:tracks all handling of medical cannabis in the pharmacy;is tamper proof; andstores a video record for at least 45 days;shall provide the department access to the video surveillance system upon request;if a patient product information insert is available, shall provide a patient who purchases a medical cannabis product the medical cannabis product’s patient product information insert using any of the following methods:a physical document;an email message;a text message; ora quick response code; andmay not allow a recommending medical provider to recommend medical cannabis as part of an event that:is a temporary gathering, market, clinic, or promotional event;operates in a temporary tent or structure; andis held within 500 feet of the medical cannabis pharmacy’s property line.

(13) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products by a medical cannabis pharmacy.

Amended by Chapter 392, 2025 General Session

4-41a-1102 - Dispensing — Amount a medical cannabis pharmacy may dispense — Reporting — Form of cannabis or cannabis product.

(1) A medical cannabis pharmacy may not sell a product other than:medical cannabis that the medical cannabis pharmacy acquired from another medical cannabis pharmacy or a cannabis processing facility that is licensed under Section 4-41a-201;a medical cannabis device; oreducational material related to the medical use of cannabis.A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to an individual with:a medical cannabis card; ora Department of Health and Human Services registration described in Subsection 26B-4-213(10); anda corresponding government issued photo identification.Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a cannabis-based drug that the United States Food and Drug Administration has approved.Notwithstanding Subsection (1)(b), a medical cannabis pharmacy may not sell a medical cannabis device or medical cannabis to an individual described in Subsection 26B-4-213(2)(a)(i)(B) or to a minor described in Subsection 26B-4-213(2)(c) unless the individual or minor has the approval of the Compassionate Use Board in accordance with Subsection 26B-1-421(5).

(2) A medical cannabis pharmacy:may dispense to a medical cannabis cardholder, in any one 28-day period, up to the legal dosage limit of:unprocessed cannabis that:is in a medicinal dosage form; andcarries a label clearly displaying the amount of tetrahydrocannabinol and cannabidiol in the cannabis; anda cannabis product that is in a medicinal dosage form; andmay not dispense:except for a medical cannabis cardholder approved under Subsection 26B-4-245(2), more medical cannabis than described in Subsection (2)(a); orany medical cannabis to an individual whose recommending medical provider did not recommend directions of use and dosing guidelines, until the individual consults with the pharmacy medical provider in accordance with Subsection 26B-4-231(5).

(3) A medical cannabis pharmacy shall:access the state electronic verification system before dispensing medical cannabis to a medical cannabis cardholder in order to determine if the cardholder or, where applicable, the associated patient has met the maximum amount of medical cannabis described in Subsection (2); andif the verification in Subsection (3)(a)(i)(A) indicates that the individual has met the maximum amount described in Subsection (2), decline the sale, and notify the recommending medical provider who made the underlying recommendation;submit a record to the state electronic verification system each time the medical cannabis pharmacy dispenses medical cannabis to a medical cannabis cardholder;ensure that the pharmacy medical provider who is a licensed pharmacist reviews each medical cannabis transaction before dispensing the medical cannabis to the cardholder in accordance with pharmacy practice standards;package any medical cannabis in a container that:complies with Subsection 04-Ch4_41a|4-41a-602](b) or, if applicable, provisions related to a container for unprocessed cannabis flower in the definition of “medicinal dosage form” in Section 26B-4-201; andis tamper-resistant and tamper-evident;for a product that is a cube that is designed for ingestion through chewing or holding in the mouth for slow dissolution, include a separate, off-label warning about the risks of over-consumption; andbeginning January 1, 2024, for medical cannabis that is cannabis flower, vaporizer cartridges, or concentrate, provide the product’s terpene profiles collected under Subsection 4-41a-701(4) at or before the point of sale.A medical cannabis cardholder transporting or possessing the container described in Subsection (3)(a)(iv) in public shall keep the container within the opaque bag or box that the medical cannabis pharmacist provides.A medical cannabis pharmacy shall provide an opaque bag or box for the medical cannabis cardholder to use in transporting the medical cannabis in public if the medical cannabis cardholder does not provide an opaque bag or box.

(4) Except as provided in Subsection (4)(b), a medical cannabis pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device that is intentionally designed or constructed to resemble a cigarette.A medical cannabis pharmacy may sell a medical cannabis device that warms cannabis material into a vapor without the use of a flame and that delivers cannabis to an individual’s respiratory system.

(5) A medical cannabis pharmacy may not give, at no cost, a product that the medical cannabis pharmacy is allowed to sell under Subsection (1)(a)(i) or (ii).A medical cannabis pharmacy may give, at no cost, educational material related to the medical use of cannabis.

(6) A medical cannabis pharmacy may purchase and store medical cannabis devices regardless of whether the seller has a cannabis-related license under this chapter or Title 26B, Utah Health and Human Services Code.

Amended by Chapter 414, 2025 General Session

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 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended.

(2) The department may inspect the records, facility, and inventory of a medical cannabis pharmacy at any time during business hours in order to determine if the medical cannabis pharmacy complies with this chapter.The Department of Health and Human Services may inspect patient records held by a medical cannabis pharmacy:for compliance with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended; orto ensure that a medical cannabis pharmacy is providing a cannabis product to a patient in accordance with the recommendations of the patient’s recommending medical provider.

(3) An inspection conducted by the department under this section may include:inspecting a site, facility, vehicle, book, record, paper, document, data, or other physical or electronic information, or any combination of the above;questioning of any relevant individual;inspecting equipment, an instrument, a tool, or machinery, including a container or label;random sampling of medical cannabis in accordance with rules described in Section 4-41a-701; orseizure of medical cannabis, medical cannabis devices, or educational material as evidence in a department investigation or inspection or in instances of compliance failure.An inspection conducted by the Department of Health and Human Services under Subsection (2)(b) may include:inspecting a site, facility, vehicle, book, record, paper, document, data, or other physical or electronic information, or any combination of the above; orquestioning of any relevant individual.

(4) In making an inspection under this section: the department may freely access any area and review and make copies of a book, record, paper, document, data, or other physical or electronic information, including financial data, sales data, shipping data, pricing data, and employee data; andthe Department of Health and Human Services may freely access any area and review and make copies of a book, record, paper, document, data, or other physical or electronic information related to patient records.

(5) Failure to provide the department, the Department of Health and Human Services, or the authorized agents of the department or the Department of Health and Human Services immediate access to records and facilities during business hours in accordance with this section may result in: the imposition of a civil monetary penalty that the department sets in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;license or registration suspension or revocation; oran immediate cessation of operations under a cease and desist order that the department issues.

(6) Notwithstanding any other provision of law, the department may temporarily store in any department facility the items the department seizes under Subsection (3)(a)(v) until the department: determines that sufficient compliance justifies the return of the seized items; ordisposes of the items in the same manner as a cannabis production establishment in accordance with Section 4-41a-405.

Renumbered and Amended by Chapter 273, 2023 General Session

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: advertise an employment opportunity at the medical cannabis pharmacy;notwithstanding any municipal or county ordinance prohibiting signage, use signage on the outside of the medical cannabis pharmacy that:includes only: in accordance with Subsection 4-41a-109(4), the medical cannabis pharmacy’s name, logo, and hours of operation; anda green cross; andcomplies with local ordinances regulating signage;advertise in any medium:the pharmacy’s name and logo;the location and hours of operation of the medical cannabis pharmacy;a service available at the medical cannabis pharmacy;personnel affiliated with the medical cannabis pharmacy;whether the medical cannabis pharmacy is licensed as a home delivery medical cannabis pharmacy;best practices that the medical cannabis pharmacy upholds; andeducational material related to the medical use of cannabis, as defined by the department;hold an educational event for the public or medical providers in accordance with Subsection (3) and the rules described in Subsection (4);maintain on the medical cannabis pharmacy’s website non-promotional information regarding the medical cannabis pharmacy’s inventory; orengage in targeted marketing, as determined by the department through rule, for advertising a particular medical cannabis product, medical cannabis device, or medical cannabis brand.

(3) A medical cannabis pharmacy may not include in an educational event described in Subsection (2)(d): any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;any gift items or merchandise other than educational materials, as those terms are defined by the department;any marketing for a specific product from the medical cannabis pharmacy or any other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; ora presenter other than the following:a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act;a medical practitioner, similar to a practitioner described in Subsections (3)(d)(i) through (iv), who is licensed in another state or country;a state employee; orif the presentation relates to a cannabis topic other than medical treatment or medical conditions, an individual whom the department approves based on the individual’s background and credentials in the presented topic.

(4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define: the educational material described in Subsection (2)(c)(vii); andthe elements of and restrictions on the educational event described in Subsection (3), including:a minimum age of 21 years old for attendees; andan exception to the minimum age for a medical cannabis patient cardholder who is at least 18 years old.

Renumbered and Amended by Chapter 273, 2023 General Session

4-41a-1105 - Local control.

(1) The operation of a medical cannabis pharmacy:shall be a permitted use:in any zone, overlay, or district within the municipality or county except for a primarily residential zone; andon land that the municipality or county has not zoned; andis subject to the land use regulations, as defined in Sections 10-20-102 and 17-79-102, that apply in the underlying zone.

(2) A municipality or county may not:on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke:a land use permit, as that term is defined in Sections 10-20-102 and 17-79-102, to operate a medical cannabis pharmacy; ora business license to operate a medical cannabis pharmacy;require a certain distance between a medical cannabis pharmacy and:another medical cannabis pharmacy;a cannabis production establishment;a retail tobacco specialty business, as that term is defined in Section 26B-7-506; oran outlet, as that term is defined in Section 32B-1-202; orin accordance with Sections 10-20-902 and 17-79-803, enforce a land use regulation against a medical cannabis pharmacy that was not in effect on the day on which the medical cannabis pharmacy submitted a complete land use application.

(3) A municipality or county may enact an ordinance that:is not in conflict with this chapter; andgoverns the time, place, or manner of medical cannabis pharmacy operations in the municipality or county.An ordinance that a municipality or county enacts under Subsection (3)(a) may not restrict the hours of operation from 7 a.m. to 10 p.m.

(4) An applicant for a land use permit to operate a medical cannabis pharmacy shall comply with the land use requirements and application process described in:Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, including Section 10-20-614; andTitle 17, Chapter 79, County Land Use, Development, and Management Act, including Section 17-79-610.

Amended by Chapter 15, 2025 Special Session 1

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 provider may not act as a medical cannabis pharmacy agent, have a financial or voting interest of 2% or greater in a medical cannabis pharmacy, or have the power to direct or cause the management or control of a medical cannabis pharmacy.

(3) 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:provides to the department:the prospective agent’s name and address;the name and location of the licensed medical cannabis pharmacy where the prospective agent seeks to act as the medical cannabis pharmacy agent; andthe submission required under Subsection (3)(b); andpays a fee to the department in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504.Each prospective agent described in Subsection (3)(a) shall:submit to the department:a fingerprint card in a form acceptable to the Department of Public Safety; anda signed waiver in accordance with Subsection 53-Ch53_10|53-10-108] acknowledging the registration of the prospective agent’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service; andconsent to a fingerprint background check by:the Bureau of Criminal Identification; andthe Federal Bureau of Investigation.The Bureau of Criminal Identification shall:check the fingerprints the prospective agent submits under Subsection (3)(b) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;report the results of the background check to the department;maintain a separate file of fingerprints that prospective agents submit under Subsection (3)(b) for search by future submissions to the local and regional criminal records databases, including latent prints;request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; andestablish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.The department shall:assess an individual who submits fingerprints under Subsection (3)(b) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; andremit the fee described in Subsection (3)(d)(i) to the Bureau of Criminal Identification.

(4) A medical cannabis pharmacy agent shall comply with a certification standard that the 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.

(5) The department shall ensure that the certification standard described in Subsection (4) includes training in:Utah medical cannabis law; andmedical cannabis pharmacy best practices.

(6) The department may revoke the medical cannabis pharmacy agent registration card of, or refuse to issue a medical cannabis pharmacy agent registration card to, an individual who:violates the requirements of this chapter; oris convicted under state or federal law of:a felony within the preceding 10 years; orafter December 3, 2018, a misdemeanor for drug distribution.

(7) A medical cannabis pharmacy agent registration card expires two years after the day on which the department issues or renews the card.A medical cannabis pharmacy agent may renew the agent’s registration card if the agent:is eligible for a medical cannabis pharmacy agent registration card under this section;certifies to the department in a renewal application that the information in Subsection (3)(a) is accurate or updates the information; andpays to the department a renewal fee in an amount that:subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504; andmay not exceed the cost of the relatively lower administrative burden of renewal in comparison to the original application process.

(8) As a condition precedent to registration and renewal of a medical cannabis pharmacy agent registration card, a medical cannabis pharmacy agent shall: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 department recognizes as offering continuing education appropriate for the medical cannabis pharmacy practice; andmake 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.The department may, in consultation with the Division of Professional Licensing, develop the continuing education described in this Subsection (8).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).A medical cannabis pharmacy agent may not access the electronic verification system following the termination of the medical cannabis pharmacy agent’s employment.

(9) A medical cannabis pharmacy shall:maintain a list of employees that have a medical cannabis pharmacy agent registration card; andprovide the list to the department upon request.

Amended by Chapter 414, 2025 General Session

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: the individual is on the premises of a medical cannabis pharmacy; andthe individual is transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device between a cannabis production establishment and a medical cannabis pharmacy.

(2) If an individual handling, at a medical cannabis pharmacy, cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device or transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, possesses the cannabis, cannabis product, or medical cannabis device in compliance with Subsection (1): there is a rebuttable presumption that the individual possesses the cannabis, cannabis product, or medical cannabis device legally; andthere is no probable cause, based solely on the individual’s possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis device in compliance with Subsection (1), that the individual is engaging in illegal activity.

(3) A medical cannabis pharmacy agent who fails to carry the agent’s medical cannabis pharmacy agent registration card in accordance with Subsection (1) is:for a first or second offense in a two-year period: guilty of an infraction; andis subject to a $100 f in e; or f or a t hi r d ors u b se q u e n t o ff e n se ina tw o - ye a r p er i o d : gu i lt yo f a c l a ss C mi s d e m e an or; an d s u bj ec tt o a$ 750 fine.The prosecuting entity shall notify the department and the relevant medical cannabis pharmacy of each conviction under Subsection (3)(a).For each violation described in Subsection (3)(a)(ii), the department may assess the relevant medical cannabis pharmacy a fine of up to $5,000, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.An individual who is guilty of a violation described in Subsection (3)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (3)(a).

Renumbered and Amended by Chapter 273, 2023 General Session

Medical Cannabis Home Delivery and Couriers

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 technical ability to:safely conduct transactions for medical cannabis shipments;accept electronic medical cannabis orders; andaccept payments through:a payment provider that the Division of Finance approves, in consultation with the state treasurer, in accordance with Section 26-61a-603; ora financial institution in accordance with Subsection 26-61a-603(4).

(2) An applicant seeking a designation as a home delivery medical cannabis pharmacy shall identify in the applicant’s operating plan any information relevant to the department’s evaluation described in Subsection (1), including:the name and contact information of the payment provider;the nature of the relationship between the prospective licensee and the payment provider;the processes of the following to safely and reliably conduct transactions for medical cannabis shipments:the prospective licensee; andthe electronic payment provider or the financial institution described in Subsection (1)(c); andthe 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.

(3) Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that the department designates as a home delivery medical cannabis pharmacy may deliver medical cannabis shipments in accordance with this part.

Amended by Chapter 114, 2025 General Session

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 medical cannabis pharmacy’s fulfillment of electronic medical cannabis orders, including rules regarding the safe and controlled delivery of medical cannabis shipments.

(2) A person may not operate as a medical cannabis courier without a license that the licensing board issues under this section.

(3) Subject to Subsections (5) and (6), the licensing board shall issue a license to operate as a medical cannabis courier to an applicant who is eligible for a license under this section.An applicant is eligible for a license under this section if the applicant submits to the licensing board:the name and address of an individual who:has a financial or voting interest of 10% or greater in the proposed medical cannabis courier; orhas the power to direct or cause the management or control of a proposed cannabis production establishment;an operating plan that includes operating procedures to comply with the operating requirements for a medical cannabis courier described in this chapter; andan application fee in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504.

(4) If the licensing board determines that an applicant is eligible for a license under this section, the department shall:charge the applicant an initial license fee in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504; andnotify the Department of Public Safety of the license approval and the names of each individual described in Subsection (3)(b)(i).

(5) The licensing board may not issue a license to operate as a medical cannabis courier to an applicant if an individual described in Subsection (3)(b)(i):has been convicted under state or federal law of:a felony in the preceding 10 years; orafter September 23, 2019, a misdemeanor for drug distribution; oris younger than 21 years old.

(6) The licensing board may revoke a license under this part if:the medical cannabis courier does not begin operations within one year after the day on which the department issues the initial license;the medical cannabis courier makes the same violation of this chapter three times;an individual described in Subsection (3)(b)(i) is convicted, while the license is active, under state or federal law of:a felony; orafter September 23, 2019, a misdemeanor for drug distribution; orafter a change of ownership described in Subsection (14)(c), the licensing board determines that the medical cannabis courier no longer meets the minimum standards for licensure and operation of the medical cannabis courier described in this chapter.

(7) The department shall deposit the proceeds of a fee imposed by this section into the Qualified Production Enterprise Fund.

(8) The licensing board’s authority to issue a license under this section is plenary and is not subject to review.

(9) Each applicant for a license as a medical cannabis courier shall submit, at the time of application, from each individual who has a financial or voting interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant:a fingerprint card in a form acceptable to the Department of Public Safety;a signed waiver in accordance with Subsection 53-Ch53_10|53-10-108] acknowledging the registration of the individual’s fingerprints in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service; andconsent to a fingerprint background check by:the Bureau of Criminal Identification; andthe Federal Bureau of Investigation.

(10) The Bureau of Criminal Identification shall:check the fingerprints the applicant submits under Subsection (9) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;report the results of the background check to the department;maintain a separate file of fingerprints that applicants submit under Subsection (9) for search by future submissions to the local and regional criminal records databases, including latent prints;request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; andestablish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.

(11) The department shall:assess an individual who submits fingerprints under Subsection (9) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; andremit the fee described in Subsection (11)(a) to the Bureau of Criminal Identification.

(12) The licensing board shall renew a license under this section every year if, at the time of renewal:the licensee meets the requirements of this section; andthe licensee pays the department a license renewal fee in an amount that, subject to Subsection 04-Ch4_41a|4-41a-104], the department sets in accordance with Section 63J-1-504.

(13) A person applying for a medical cannabis courier license shall submit to the licensing board a proposed operating plan that complies with this section and that includes:a description of the physical characteristics of any proposed facilities, including a floor plan and an architectural elevation, and delivery vehicles;a description of the credentials and experience of each officer, director, or owner of the proposed medical cannabis courier;the medical cannabis courier’s employee training standards;a security plan; andstorage and delivery protocols, both short and long term, to ensure that medical cannabis shipments are stored and delivered in a manner that is sanitary and preserves the integrity of the cannabis.

(14) A medical cannabis courier license is not transferable or assignable.A medical cannabis courier shall report in writing to the department no later than 45 business days before the date of any change of ownership of the medical cannabis courier.If the ownership of a medical cannabis courier changes by 50% or more:concurrent with the report described in Subsection (14)(b), the medical cannabis courier shall submit a new application described in Subsection (3)(b);within 30 days of the submission of the application, the licensing board shall:conduct an application review; andaward a license to the medical cannabis courier for the remainder of the term of the medical cannabis courier’s license before the ownership change if the medical cannabis courier meets the minimum standards for licensure and operation of the medical cannabis courier described in this chapter; andif the licensing board approves the license application, notwithstanding Subsection (4), the medical cannabis courier shall pay a license fee that the department sets in accordance with Section 63J-1-504 in an amount that covers the licensing board’s cost of conducting the application review.

(15) Except as provided in Subsection(15)(b), a person may not advertise regarding the transportation of medical cannabis.Notwithstanding Subsection (14)(a) and subject to Section 4-41a-109, a licensed home delivery medical cannabis pharmacy or a licensed medical cannabis courier may advertise:a green cross;the pharmacy’s or courier’s name and logo; andthat the pharmacy or courier is licensed to transport medical cannabis shipments.

Amended by Chapter 114, 2025 General Session

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 home delivery medical cannabis pharmacy may contract with a licensed medical cannabis courier to deliver medical cannabis shipments to fulfill electronic medical cannabis orders.If a home delivery medical cannabis pharmacy enters into a contract described in Subsection (2)(a), the pharmacy shall:impose security and personnel requirements on the medical cannabis courier sufficient to ensure the security and safety of medical cannabis shipments; andprovide regular oversight of the medical cannabis courier.

(3) Notwithstanding Subsection 4-41a-404(1), an individual may transport a medical cannabis shipment if the individual is:a registered pharmacy medical provider;a registered medical cannabis pharmacy agent; ora registered agent of the medical cannabis courier described in Subsection (2).

(4) An individual transporting a medical cannabis shipment under Subsection (3) shall comply with the requirements of Subsection 4-41a-404(3).

(5) In addition to the requirements in Subsections (3) and (4), the department may establish 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, requirements for transporting medical cannabis shipments that are related to safety for human consumption of medical cannabis.

(6) It is unlawful for an individual to transport a medical cannabis shipment with a manifest that does not meet the requirements of Subsection (4).Except as provided in Subsection (6)(d), an individual who violates Subsection (6)(a) is:guilty of an infraction; andsubject to a $100 fine.An individual who is guilty of a violation described in Subsection (6)(b) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (6)(b).If the individual described in Subsection (6)(a) is transporting more cannabis, cannabis product, or medical cannabis devices than the manifest identifies, except for a de minimis administrative error:this chapter does not apply; andthe individual is subject to penalties under Title 58, Chapter 37, Utah Controlled Substances Act.

Amended by Chapter 114, 2025 General Session

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) 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:provides to the department:the prospective agent’s name and address;the name and address of the medical cannabis courier;the name and address of each home delivery medical cannabis pharmacy with which the medical cannabis courier contracts to deliver medical cannabis shipments; andthe submission required under Subsection (2)(b);as reported under Subsection (2)(c), has not been convicted under state or federal law of:a felony; orafter December 3, 2018, a misdemeanor for drug distribution; andpays the department a fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504.Each prospective agent described in Subsection (2)(a) shall:submit to the department:a fingerprint card in a form acceptable to the Department of Public Safety; anda 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; andconsent to a fingerprint background check by:the Bureau of Criminal Identification; andthe Federal Bureau of Investigation.The Bureau of Criminal Identification shall:check the fingerprints the prospective agent submits under Subsection (2)(b) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;report the results of the background check to the department;maintain a separate file of fingerprints that prospective agents submit under Subsection (2)(b) for search by future submissions to the local and regional criminal records databases, including latent prints;request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System’s Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; andestablish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.The department shall:assess an individual who submits fingerprints under Subsection (2)(b) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; andremit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal Identification.

(3) A medical cannabis courier agent shall comply with a certification standard that the 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.The department shall ensure that the certification standard described in Subsection (3)(a) includes training in:Utah medical cannabis law;the medical cannabis shipment process; andmedical cannabis courier agent best practices.

(4) A medical cannabis courier agent registration card expires two years after the day on which the department issues or renews the card.A medical cannabis courier agent may renew the agent’s registration card if the agent:is eligible for a medical cannabis courier agent registration card under this section;certifies to the department in a renewal application that the information in Subsection (2)(a) is accurate or updates the information; andpays to the department a renewal fee in an amount that:subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; andmay not exceed the cost of the relatively lower administrative burden of renewal in comparison to the original application process.

(5) The department may revoke or refuse to issue or renew the medical cannabis courier agent registration card of an individual who:violates the requirements of this chapter; oris convicted under state or federal law of:a felony within the preceding 10 years; orafter December 3, 2018, a misdemeanor for drug distribution.

(6) A medical cannabis courier agent whom the department has registered under this section shall carry the agent’s medical cannabis courier agent registration card with the agent at all times when:the agent is on the premises of the medical cannabis courier, a medical cannabis pharmacy, or a delivery address; andthe agent is handling a medical cannabis shipment.

(7) If a medical cannabis courier agent handling a medical cannabis shipment possesses the shipment in compliance with Subsection (6):there is a rebuttable presumption that the agent possesses the shipment legally; andthere is no probable cause, based solely on the agent’s possession of the medical cannabis shipment that the agent is engaging in illegal activity.

(8) A medical cannabis courier agent who violates Subsection (6) is:guilty of an infraction; andsubject to a $100 fine.An individual who is guilty of a violation described in Subsection (8)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (8)(a).

(9) A medical cannabis courier shall:maintain a list of employees who have a medical cannabis courier agent card; andprovide the list to the department upon request.

Amended by Chapter 414, 2025 General Session

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: the individual receiving the shipment presents:a government issued photo identification; anda valid medical cannabis card under the same name that appears on the government issued photo identification; orfor a facility that a medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b), evidence of the facility caregiver designation; andthe delivery occurs at:the delivery address that is on file in the state electronic verification system; orthe facility that the medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b).

(2) 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.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 employed by the medical cannabis courier.Before a medical cannabis pharmacy agent or a medical cannabis courier agent distributes a medical cannabis shipment to a medical cannabis cardholder, the agent shall:verify the shipment information using the state electronic verification system;ensure that the individual satisfies the identification requirements in Subsection (1);verify that payment is complete; andrecord the completion of the shipment transaction in a manner such that the delivery of the shipment will later be recorded within a reasonable period in the electronic verification system.

(3) The medical cannabis courier shall: 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); andensure that only a medical cannabis courier agent is able to access the medical cannabis shipment until the recipient medical cannabis cardholder receives the shipment;return any undelivered medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), after the medical cannabis courier has possessed the shipment for 10 business days; andreturn any medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), if a medical cannabis cardholder refuses to accept the shipment.

(4) If a medical cannabis courier or home delivery medical cannabis pharmacy agent returns an undelivered medical cannabis shipment that remains unopened, the home delivery medical cannabis pharmacy may repackage or otherwise reuse the shipment.If a medical cannabis courier or home delivery medical cannabis pharmacy agent returns an undelivered or refused medical cannabis shipment under Subsection (3) that appears to be opened in any way, the home delivery medical cannabis pharmacy shall dispose of the shipment by:rendering the shipment unusable and unrecognizable before transporting the shipment from the home delivery medical cannabis pharmacy; anddisposing of the shipment in accordance with: federal and state laws, rules, and regulations related to hazardous waste;the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;Title 19, Chapter 6, Part 5, Solid Waste Management Act; andother regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Renumbered and Amended by Chapter 273, 2023 General Session

4-41a-1206 - Closed-door medical cannabis pharmacy.

(1) Subject to Subsections (1)(b) and (c), a home delivery medical cannabis pharmacy may open a single closed-door medical cannabis pharmacy.A home delivery medical cannabis pharmacy may not open a closed-door medical cannabis pharmacy unless the home delivery medical cannabis pharmacy:has an operating plan that includes a closed-door medical cannabis pharmacy; andobtains a license issued by the department for a closed-door medical cannabis pharmacy.An entity that owns multiple home delivery medical cannabis pharmacies may open only one closed-door medical cannabis pharmacy.The department may institute a fee in accordance with Section 63J-1-504 to administer this section.

(2) A home delivery medical cannabis pharmacy that opens a closed-door medical cannabis pharmacy under Subsection (1) shall ensure:that a pharmacy medical provider who is a licensed pharmacist:is directly supervising the packaging of an order; andis present in the closed-door medical cannabis pharmacy when an order is packaged for delivery; andall record keeping requirements, labeling requirements, and patient counseling requirements described in this chapter and Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, are satisfied before sending out an order.

(3) An individual who prepares an order at a closed-door medical cannabis pharmacy under this section shall be registered as:a pharmacy medical provider; ora medical cannabis pharmacy agent.

(4) A closed-door medical cannabis pharmacy shall operate:except as provided in Subsection (4)(b), in a facility that is accessible only by an individual who is a pharmacy medical provider or a medical cannabis pharmacy agent; andat a physical address in accordance with Subsection (6).A closed-door medical cannabis pharmacy may authorize an individual who is at least 18 years old and is not a pharmacy medical provider or a cannabis pharmacy agent to access the closed-door medical cannabis pharmacy if the closed-door medical cannabis pharmacy:tracks and monitors the individual at all times while the individual is at the closed-door medical cannabis pharmacy; andmaintains a record of the individual’s access, including arrival and departure.A closed-door medical cannabis pharmacy shall operate in a facility that has:a single, secure public entrance; anda security system with a backup power source that:detects and records entry into the closed-door medical cannabis pharmacy;provides notice of an unauthorized entry to law enforcement when the closed-door medical cannabis pharmacy is closed; anda lock or equivalent restrictive security feature on any area where the closed-door medical cannabis pharmacy stores a cannabis product.A closed-door medical cannabis pharmacy shall ensure that any cannabis or cannabis products in the closed-door medical cannabis pharmacy that are intended for home delivery are separated in a manner that is readily distinguishable from any other cannabis or cannabis product in the facility.

(5) A closed-door medical cannabis pharmacy may only provide cannabis or a cannabis product to an individual through a delivery that complies with this part.

(6) A person may not locate a closed-door medical cannabis pharmacy:within 1,000 feet of a community location; orin or within 600 feet of a district that the relevant municipality or county has zoned as primarily residential.The proximity requirements described in Subsection (6)(a) shall be measured from the nearest entrance to the closed-door medical cannabis pharmacy by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or residential area.The licensing board may grant a waiver to reduce the proximity requirements in Subsection (6)(a) by up to 20% if the licensing board determines that it is not reasonably feasible for the applicant to site the proposed closed-door medical cannabis pharmacy without the waiver.An applicant for a license under this section shall provide evidence of compliance with the proximity requirements described in Subsection (6)(a).

(7) When determining where a closed-door medical cannabis pharmacy may open, the licensing board:shall utilize geographic regions created by the department through rule;shall prioritize allowing entities that do not have a medical cannabis pharmacy in a region to open a closed-door medical cannabis pharmacy in the region;of the total amount of closed-door medical cannabis pharmacies, may allow only three closed-door medical cannabis pharmacies to operate in counties of the first and second class as described in Section 17-60-104; andfor determining the three closed-door medical cannabis pharmacies described in Subsection (7)(c), consider the following:the history of compliance with state law and rules for all licenses issued under this chapter;the medical cannabis pharmacy’s willingness to offer a variety of brands and products;the ability of the operating plan to ensure the safety and security of the community;the suitability of the proposed location and the location’s ability to serve the local community; andany other relevant information determined through rule.

(8) A closed-door medical cannabis pharmacy may not account for more than:for an entity that holds a single medical cannabis pharmacy license, the greater of:35% of the medical cannabis pharmacy’s total revenue; or $2, 000, 000 in t o t a l re v e n u e; or f or an e n t i t y t ha t h o l d s m ore t han o n e m e d i c a l c annabi s p ha r ma cy l i ce n se, t h e g re a t ero f : 35$ 2,000,000 in total revenue.

(9) Notwithstanding any other provision of this section, the licensing board may issue only one closed-door medical cannabis pharmacy license before July 1, 2027.

(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to implement this section.

Amended by Chapter 16, 2025 Special Session 1

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4-41a - Cannabis Production Establishments and Pharmacies

4-41a - Cannabis Production Establishments and Pharmacies

Sections (56)

General Provisions

4-41a-101 - Title.

4-41a-102 - Definitions.

4-41a-103 - Inventory control system.

4-41a-104 - Qualified Production Enterprise Fund — Creation — Revenue neutrality.

4-41a-105 - Agreement with a tribe.

4-41a-106 - Severability clause.

4-41a-107 - Notice to prospective and current public employees.

4-41a-109 - Advertising.

4-41a-110 - Department coordination with the advisory board.

Cannabis Production Establishment

4-41a-201 - Cannabis production establishment — License.

4-41a-201.1 - Cannabis Production Establishment and Pharmacy Licensing Advisory Board — Composition — Duties.

4-41a-202 - Cannabis production establishment owners and directors — Criminal background checks.

4-41a-203 - Renewal.

4-41a-204 - Operating plan.

4-41a-204.1 - Odor control recommendations.

4-41a-205 - Number of licenses — Cannabis cultivation facilities.

Cannabis Production Establishments Agents

4-41a-301 - Cannabis production establishment agent — Registration.

4-41a-302 - Cannabis production establishment agent registration card — Rebuttable presumption.

General Cannabis Production Establishment Operating Requirements

4-41a-401 - Cannabis production establishment — General operating requirements.

4-41a-402 - Inspections.

4-41a-403 - Advertising.

4-41a-404 - Medical cannabis transportation.

4-41a-405 - Excess and disposal.

4-41a-406 - Local control.

Cannabis Cultivation Facility Operating Requirements

4-41a-501 - Cannabis cultivation facility — Operating requirements.

4-41a-502 - Cannabis — Labeling and child-resistant packaging.

Cannabis Processing Facility Operating Requirements

4-41a-601 - Cannabis processing facility — Operating requirements — General.

4-41a-602 - Cannabis product — Labeling and child-resistant packaging.

4-41a-603 - Cannabis product — Product quality.

4-41a-604 - Advertising.

Independent Cannabis Testing Laboratories

4-41a-701 - Cannabis and cannabis product testing.

4-41a-702 - Reporting — Inspections — Seizure by the department.

Enforcement and Report

4-41a-801 - Enforcement — Fine — Citation.

4-41a-802 - Report.

Academic Medical Cannabis Research

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

4-41a-902 - Cannabis production establishment product for academic research.

4-41a-903 - Unlawful acts.

Medical Cannabis Pharmacy License

4-41a-1001 - Medical cannabis pharmacy — License — Eligibility.

4-41a-1002 - Medical cannabis pharmacy owners and directors — Criminal background checks.

4-41a-1003 - Renewal — Notice of available license.

4-41a-1004 - Operating plan.

4-41a-1005 - Maximum number of licenses.

4-41a-1006 - Independent medical cannabis licenses.

Medical Cannabis Pharmacy Operation and Agents

4-41a-1101 - Operating requirements — General.

4-41a-1102 - Dispensing — Amount a medical cannabis pharmacy may dispense — Reporting — Form of cannabis or cannabis product.

4-41a-1103 - Inspections.

4-41a-1104 - Advertising.

4-41a-1105 - Local control.

4-41a-1106 - Medical cannabis pharmacy agent — Registration.

4-41a-1107 - Medical cannabis pharmacy agent registration card — Rebuttable presumption.

Medical Cannabis Home Delivery and Couriers

4-41a-1201 - Medical cannabis home delivery designation.

4-41a-1202 - Home delivery of medical cannabis shipments — Medical cannabis couriers — License.

4-41a-1203 - Medical cannabis shipment transportation.

4-41a-1204 - Medical cannabis courier agent — Background check — Registration card — Rebuttable presumption.

4-41a-1205 - Home delivery of medical cannabis shipments.

4-41a-1206 - Closed-door medical cannabis pharmacy.

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