Medical Cannabis Act DRAFT

WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY
1 MEDICAL CANNABIS ACT

2
3 LONG TITLE
4 General Description:
5 This bill provides for the cultivation, processing, medical recommendation, and patient
6 use of medical marijuana.
7 Highlighted Provisions:
8 This bill:
9 < defines terms;
10 < provides for licensing and regulation of a cannabis cultivation facility; a
11 cannabis processing facility; an independent cannabis testing laboratory, and a
12 medical cannabis pharmacy;
13 < provides for security and tracking of cannabis and related products from
14 cultivation to consumption to ensure safety and chemical content;
15 < requires certain labeling and childproof packaging;
16 < requires the Department of Agriculture and Food, the Department of Health, the
17 Department of Public Safety, and the Department of Technology Services to
18 create an electronic verification system to facilitate recommendation,
19 dispensing, and record-keeping for medical cannabis transactions;
20 < allows individuals with certain qualifying illnesses to obtain a medical cannabis
21 card on the recommendation of certain medical professionals to gain access to
22 medical cannabis;
23 < allows a patient to designate a caregiver to assist with accessing medical
24 cannabis;
25 < allows a parent or legal guardian to serve as a designated caregiver for a
26 minor;
27 < limits the form and amount of medical cannabis available to a patient at one
28 time;
29 < prohibits a minor from entering a medical cannabis pharmacy;
30 < imposes heightened criminal penalties for improperly selling medical cannabis,
31 including to a minor;
Utah Medical Cannabis Act DRAFT.wpdPage 1 of 96 09/21/2018 9:32 PM

32 < creates an affirmative defense to prosecution for certain individuals before a
33 medical cannabis pharmacy is operational;
34 < creates certain protections from state prosecution for the possession, use, and
35 sale of medical cannabis;
36 < prohibits a court from considering the lawful use of medical cannabis in custody
37 proceedings;
38 < provides housing and employment discrimination protections for individuals who
39 lawfully use medical cannabis; and
40 < makes technical and conforming changes.
41 Money Appropriated in this Bill:
42 None
43 Other Special Clauses:
44 None
45 List of sections affected:
46 AMENDS:
47 10-9a-104
48 17-27a-104
49 26-61-202
50 30-3-10
51 34A-5-106
52 34A-5-107
53 41-6a-517
54 41-6a-517
55 57-21-3
56 57-21-5
57 57-21-6
58 57-21-7
59 59-12-104.9
60 62A-4a-202.1
61 63I-1-226
62 63I-1-258
63 78A-6-508

64 78A-6-508
65 ENACTS:
66 4-41B-101
67 4-41B-102
68 4-41B-103
69 4-41B-104
70 4-41B-201
71 4-41B-202
72 4-41B-203
73 4-41B-204
74 4-41B-301
75 4-41B-302
76 4-41B-303
77 4-41B-401
78 4-41B-402
79 4-41B-403
80 4-41B-404
81 4-41B-405
82 4-41B-501
83 4-41B-502
84 4-41B-601
85 4-41B-602
86 4-41B-603
87 4-41B-701
88 4-41B-702
89 4-41B-801
90 4-41B-802
91 26-60B-101
92 26-60B-102
93 26-60B-103
94 26-60B-104
95 26-60B-105

96 26-60B-106
97 26-60B-107
98 26-60B-108
99 26-60B-109
100 26-60B-110
101 26-60B-201
102 26-60B-202
103 26-60B-203
104 26-60B-204
105 26-60B-301
106 26-60B-302
107 26-60B-303
108 26-60B-304
109 26-60B-401
110 26-60B-402
111 26-60B-403
112 26-60B-501
113 26-60B-502
114 26-60B-503
115 26-60B-504
116 26-60B-505
117 26-60B-506
118 26-60B-601
119 26-60B-602
120 26-60B-603
121 53-1-106.5
122 58-37-3.7
123 58-37-3.8
124 58-37-3.9
125
126 Statutory text:
127 CHAPTER 41b. CANNABIS PRODUCTION ESTABLISHMENTS

128 Part 1. General Provisions
129 4-41B-101. Title.
130 This chapter is known as "Cannabis Production Establishments."
131
132 4-41B-102. Definitions.
133 As used in this chapter:
134 (1) "Cannabis" means the same as that term is defined in Section 58-37-3.7.
135 (2) "Cannabis cultivation facility" means a person that:
136 (a) possesses cannabis;
137 (b) grows or intends to grow cannabis; and
138 (c) sells or intends to sell cannabis to cannabis production establishments or to
139 cannabis dispensaries.
140 (3) "Cannabis cultivation facility agent" means an individual who is an owner, officer,
141 director, board member, employee, or volunteer of a cannabis cultivation facility.
142 (4) "Cannabis processing facility" means a person that:
143 (a) acquires or intends to acquire cannabis from a cannabis production
144 establishment;
145 (b) possesses cannabis with the intent to manufacture a cannabis product;
146 (c) manufactures or intends to manufacture a cannabis product from unprocessed
147 cannabis; and
148 (d) sells or intends to sell a cannabis product to a medical cannabis pharmacy.
149 (5) "Cannabis processing facility agent" means an individual who is an owner, officer,
150 director, board member, employee, or volunteer of a cannabis processing facility.
151 (6) "Cannabis product" means the same as that term is defined in Section 58-37-3.7.
152 (7) "Cannabis production establishment" means a cannabis cultivation facility, a cannabis
153 processing facility, or an independent cannabis testing laboratory.
154 (8) "Cannabis production establishment agent" means a cannabis cultivation facility
155 agent, a cannabis processing facility agent, or an independent cannabis testing
156 laboratory agent.
157 (9) "Cannabis production establishment agent registration card" means a registration card
158 that the department issues that:
159 (a) authorizes an individual to act as a cannabis production establishment agent;

160 and
161 (b) designates the type of cannabis production establishment for which an
162 individual is authorized to act as an agent.
163 (10) "Community location" means a public or private school, a church, a public library, a
164 public playground, or a public park.
165 (11) "Independent cannabis testing laboratory" means a person that:
166 (a) conducts a chemical or other analysis of cannabis or a cannabis product; or
167 (b) acquires, possesses, and transports cannabis or a cannabis product with the
168 intent to conduct a chemical or other analysis of the cannabis or cannabis
169 product.
170 (12) "Independent cannabis testing laboratory agent" means an individual who is an owner,
171 officer, director, board member, employee, or volunteer of an independent cannabis
172 testing laboratory.
173 (13) "Inventory control system" means the system described in Section 4-41b-103.
174 (14) "Medical cannabis card" means the same as that term is defined in Section
175 26-60b-102.
176 (15) "Medical cannabis pharmacy" means the same as that term is defined in Section
177 26-60b-102.
178 (16) "Medical cannabis pharmacy agent" means the same as that term is defined in
179 Section 26-60b-102.
180 (17) "Medical Cannabis Restricted Account" means the account created in Section
181 26-60b-109.
182 (18) "Qualified medical provider" means the same as that term is defined in Section
183 26-60b-102.
184 (19) "State electronic verification system" means the system described in Section
185 26-60b-103.
186 (20) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic
187 equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
188
189 4-41B-103. Inventory Control System.
190 (1) A cannabis production establishment and a medical cannabis pharmacy shall maintain
191 an inventory control system that meets the requirements of this section.

192 (2) A cannabis production establishment and a medical cannabis pharmacy shall ensure
193 that the inventory control system that the establishment or pharmacy respectively
194 maintain:
195 (a) tracks cannabis using a unique identifier, in real time, from the point that a
196 cannabis plant is eight inches tall and has a root ball until the cannabis is
197 disposed of or sold, in the form of unprocessed cannabis or a cannabis
198 product, to an individual with a medical cannabis card;
199 (b) stores in real time a record of the amount of cannabis and cannabis products in
200 the cannabis production establishment's or medical cannabis pharmacy's
201 possession;
202 (c) includes a video recording system that:
203 (i) tracks all handling and processing of cannabis or a cannabis product in
204 the cannabis production establishment or medical cannabis pharmacy;
205 (ii) is tamper proof; and
206 (iii) is capable of storing a video record for 45 days; and
207 (d) maintains compatibility with the state electronic verification system described in
208 Section 26-60b-103.
209 (3) A cannabis production establishment or medical cannabis pharmacy shall allow the
210 department or the Department of Health access to the cannabis production
211 establishment's or medical cannabis pharmacy's inventory control system during an
212 inspection.
213 (4) The department may establish compatibility standards for an inventory control system
214 by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
215 Rulemaking Act.
216
217 4-41B-104. Preemption.
218 This chapter preempts any ordinance or rule that a political subdivision enacts regarding a
219 cannabis production establishment.
220
221 Part 2. Cannabis Production Establishment
222 4-41B-201. Cannabis production establishment -- License.
223 (1) A person may not operate a cannabis production establishment without a license that

224 the department issues under this chapter.
225 (2) Subject to Subsections (6) and (7) and to Section 4-41b-204, the department shall,
226 within 90 days after receiving a complete application, issue a license to operate a
227 cannabis production establishment to a person who submits to the department:
228 (a) a proposed name and address where the person will operate the cannabis
229 production establishment that is not within the following distances, as measured
230 from the nearest entrance to the cannabis production establishment by
231 following the shortest route of ordinary pedestrian travel to the property
232 boundary:
233 (i) 600 feet of a community location; or
234 (ii) 300 feet of an area in which local zoning does not allow for the operation
235 of either:
236 (A) a business that sells alcohol; or
237 (B) a retail tobacco specialty business, as that term is defined in
238 Section 10-8-41.6 or 17-50-333;
239 (b) the name and address of any individual who has a financial or voting interest of
240 two percent or greater in the proposed cannabis production establishment or
241 who has the power to direct or cause the management or control of a proposed
242 medical cannabis production establishment;
243 (c) an operating plan that:
244 (i) complies with Section 4-41b-203; and
245 (ii) includes operating procedures to comply with the requirements of this
246 chapter and with any laws adopted by the municipality or county that are
247 consistent with Section 4-41b-405;
248 (d) financial statements demonstrating that the person possesses a minimum of:
249 (i) $250,000 in liquid assets available for each cannabis cultivation facility
250 for which the person applies; or
251 (ii) $50,000 in liquid assets available for each cannabis processing facility or
252 independent cannabis testing laboratory for which the person applies;
253 (e) if the municipality or county where the proposed cannabis production
254 establishment would be located has enacted zoning restrictions, a sworn
255 statement certifying that the proposed cannabis production establishment is in

256 compliance with the restrictions;
257 (f) if the municipality or county where the proposed cannabis production
258 establishment would be located requires a local permit or license, a copy of the
259 application for the local permit or license; and
260 (g) an application fee established by the department in accordance with Section
261 63J-1-504, that is necessary to cover the department's cost to implement this
262 chapter.
263 (3) If the department determines that an applicant is eligible for a license under this
264 section, the applicant shall pay to the department an initial license fee in an amount
265 that the department determines in accordance with Section 63J-1-504.
266 (4) Except as provided in Subsection (5), the department shall require a separate license
267 for each type of cannabis production establishment and each location of a cannabis
268 production establishment.
269 (5) The department may issue a cannabis cultivation facility license and a cannabis
270 processing facility license to a person to operate at the same physical location or at
271 separate physical locations.
272 (6) The department may not issue a license to operate an independent cannabis testing
273 laboratory to a person:
274 (a) that holds a license or has an ownership interest in a medical cannabis
275 pharmacy, a cannabis processing facility, or a cannabis cultivation facility in the
276 state;
277 (b) that has an owner, officer, director, or employee whose immediate family
278 member holds a license or has an ownership interest in a medical cannabis
279 pharmacy, a cannabis processing facility, or a cannabis cultivation facility; or
280 (c) who proposes to operate the independent cannabis testing laboratory at the
281 same physical location as a medical cannabis pharmacy, a cannabis
282 processing facility, or a cannabis cultivation facility.
283 (7) The department may not issue a license to operate a cannabis production
284 establishment to an applicant if any individual who has a financial or voting interest of
285 two percent or greater in the applicant or who has the power to direct or cause the
286 management or control of the applicant:
287 (a) has been convicted of an offense that is a felony under either state or federal

288 law; or
289 (b) is less than 21 years of age.
290 (8) The department may revoke a license under this part if the cannabis production
291 establishment is not operating within one year of the issuance of the initial license.
292 (9) The department shall deposit the proceeds of a fee imposed by this section in the
293 Medical Cannabis Restricted Account.
294 (10) The department shall begin accepting applications under this part no later than
295 January 1, 2020.
296
297 4-41B-202. Renewal.
298 The department shall renew a person's license issued under Section 4-41b-201 every two
299 years, if, at the time of renewal:
300 (1) the person meets the requirements of Section 4-41b-201; and
301 (2) the person pays the department a license renewal fee in an amount determined by the
302 department in accordance with Section 63J-1-504.
303
304 4-41B-203. Operating plan.
305 (1) A person applying for a cannabis production facility license shall submit to the
306 department a proposed operation plan that complies with this section and that
307 includes:
308 (a) a description of the physical characteristics of the proposed facility, including a
309 floor plan and an architectural elevation;
310 (b) a description of the credentials and experience of:
311 (i) each officer, director, or owner of the proposed cannabis production
312 establishment; and
313 (ii) any highly skilled or experienced prospective employee;
314 (c) the cannabis production establishment's employee training standards;
315 (d) a security plan;
316 (e) a description of the cannabis production establishment's inventory control
317 system, including a plan to make the inventory control system compatible with
318 the state electronic verification system described in Section 26-60b-103;
319 (f) for a cannabis cultivation facility, the information described in Subsection (2);

320 (g) for a cannabis processing facility, the information described in Subsection (3);
321 and
322 (h) for an independent cannabis testing laboratory, the information described in
323 Subsection (4).
324 (2) A cannabis cultivation facility shall ensure that the facility's operating plan includes the
325 facility's intended cannabis cultivation practices, including the facility's intended
326 pesticide use, fertilizer use, square footage under cultivation, and anticipated cannabis
327 yield.
328 (3) A cannabis processing facility's operating plan shall include the facility's intended
329 cannabis processing practices, including the cannabis processing facility's intended
330 offered variety of cannabis product, cannabinoid extraction method, cannabinoid
331 extraction equipment, processing equipment, processing techniques, and sanitation
332 and food safety procedures.
333 (4) An independent cannabis testing laboratory's operating plan shall include the
334 laboratory's intended cannabis and cannabis product testing capability and cannabis
335 and cannabis product testing equipment.
336
337 4-41B-204. Number of licenses -- Cannabis cultivation facilities.
338 (1) Except as otherwise provided in Subsection (2), the department may not issue more
339 than 15 licenses to operate cannabis cultivation facilities.
340 (2) After January 1, 2022, the department may only issue an additional license to operate
341 a cannabis cultivation facility if the department determines, after an analysis of the
342 current and anticipated market for medical cannabis and medical cannabis products,
343 that additional licenses are necessary to provide an adequate supply, quality, or
344 variety of medical cannabis and medical cannabis products to medical cannabis card
345 holders.
346 (3) If there are more qualified applicants than the number of available licenses for
347 cannabis cultivation facilities under Subsections (1) and (2), the department shall
348 evaluate the applicants and award the limited number of licenses described in
349 Subsections (1) and (2) to the applicants that best demonstrate:
350 (a) experience with establishing and successfully operating a business that
351 involves complying with a regulatory environment, tracking inventory, and

352 training, evaluating, and monitoring employees;
353 (b) an operating plan that will best ensure the safety and security of patrons and
354 the community;
355 (c) positive connections to the local community; and
356 (d) the extent to which the applicant can reduce the cost of cannabis or cannabis
357 products for patients.
358 (4) The department may conduct a face-to-face interview with an applicant for a license
359 that the department evaluates under Subsection (3).
360
361 Part 3. Cannabis Production Establishment Agents
362 4-41B-301. Cannabis production establishment agent -- Registration.
363 (1) An individual may not act as a cannabis production establishment agent unless the
364 individual is registered by the department as a cannabis production establishment
365 agent.
366 (2) A physician, regardless of the physician's status as a qualified medical provider, may
367 not serve as a cannabis production establishment agent.
368 (3) An independent cannabis testing laboratory agent may not act as an agent for a
369 medical cannabis pharmacy, a cannabis processing facility, or a cannabis cultivation
370 facility.
371 (4) The department shall, within 15 business days after receiving a complete application
372 from a cannabis production establishment on behalf of a prospective cannabis
373 production establishment agent, register and issue a cannabis production
374 establishment agent registration card to an individual who:
375 (a) provides to the department the individual's name and address and the name
376 and location of a licensed cannabis production establishment where the
377 individual will act as the cannabis production establishment's agent; and
378 (b) pays a fee to the department, in an amount that the department determines in
379 accordance with Section 63J-1-504, that is necessary to cover the department's
380 cost to implement this part.
381 (5) The department shall designate, on an individual's cannabis production establishment
382 agent registration card:
383 (a) the name of the cannabis production establishment where the individual is

384 registered as an agent; and
385 (b) the type of cannabis production establishment for which the individual is
386 authorized to act as an agent.
387 (6) A cannabis production establishment agent shall comply with:
388 (a) a certification standard that the department develops; or
389 (b) a third party certification standard that the department designates by rule, in
390 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
391 (7) The department shall ensure that the certification standard described in Subsection
392 (6) includes training:
393 (a) in Utah medical cannabis law;
394 (b) for a cannabis cultivation facility agent, in cannabis cultivation best practices;
395 (c) for a cannabis processing facility agent, in cannabis processing, food safety,
396 and sanitation best practices; and
397 (d) for an independent cannabis testing laboratory agent, in cannabis testing best
398 practices.
399 (8) The department may revoke or refuse to issue the cannabis production establishment
400 agent registration card of an individual who:
401 (a) violates the requirements of this chapter; or
402 (b) is convicted of an offense that is a felony under state or federal law.
403
404
405 4-41B-302. Cannabis production establishment -- Criminal background checks.
406 (1) Each applicant shall submit, at the time of application, from each individual who has a
407 financial or voting interest of two percent or greater in the applicant or who has the
408 power to direct or cause the management or control of the applicant:
409 (a) a fingerprint card in a form acceptable to the department; and
410 (b) consent to a fingerprint background check by the Utah Bureau of Criminal
411 Identification and the Federal Bureau of Investigation.
412 (2) The department shall request that the Department of Public Safety complete a Federal
413 Bureau of Investigation criminal background check for the individual described in
414 Subsection (1).
415

416 4-41B-303. Cannabis production establishment agent registration card --
417 Rebuttable presumption.
418 (1) A cannabis production establishment agent who is registered with the department
419 under Section 4-41b-301 shall carry the individual's cannabis production
420 establishment agent registration card with the individual at all times when:
421 (a) the individual is on the premises of a cannabis production establishment where
422 the individual is a cannabis production establishment agent; and
423 (b) the individual is transporting cannabis, a cannabis product, or a medical
424 cannabis device between two cannabis production establishments or between
425 a cannabis production establishment and a medical cannabis pharmacy.
426 (2) If an individual possesses cannabis, a cannabis product, or a medical cannabis device
427 in compliance with Subsection (1) through handling at a cannabis production facility or
428 through transportation:
429 (a) there is a rebuttable presumption that the individual possesses the cannabis,
430 cannabis product, or medical cannabis device legally; and
431 (b) a law enforcement officer does not have probable cause, based solely on the
432 individual's possession of the cannabis, cannabis product, or medical cannabis
433 device in compliance with Subsection (1), to believe that the individual is
434 engaging in illegal activity.
435 (3) An individual who violates Subsection (1) is:
436 (a) guilty of an infraction; and
437 (b) is subject to a $100 fine.
438
439 Part 4. General Cannabis Production Establishment Operating Requirements
440 4-41B-401. Cannabis production establishment -- General operating
441 requirements.
442 (1) (a) A cannabis production establishment shall operate in accordance with the
443 operating plan provided to the department under Section 4-41b-203.
444 (b) A cannabis production establishment shall notify the department before a
445 change in the cannabis production establishment's operating plan.
446 (2) A cannabis production establishment shall operate:
447 (a) except as provided in Subsection (5), in a facility that is accessible only by an

448 individual with a valid cannabis production establishment agent registration card
449 issued under Section 4-41b-301; and
450 (b) at the physical address provided to the department under Section 4-41b-201.
451 (3) A cannabis production establishment may not employ any person who is younger than
452 21 years of age.
453 (4) (a) A cannabis production establishment shall conduct a background check into the
454 criminal history of every person who will become an agent of the cannabis
455 production establishment.
456 (b) A cannabis production establishment may not employ any person who has
457 been convicted of an offense that is a felony under either state or federal law.
458 (5) A cannabis production establishment may authorize an individual who is not a
459 cannabis production establishment agent to access the cannabis production
460 establishment if the cannabis production establishment:
461 (a) tracks and monitors the individual at all times while the individual is at the
462 cannabis production establishment; and
463 (b) maintains a record of the individual's access.
464 (6) A cannabis production establishment shall operate in a facility that has:
465 (a) a single, secure public entrance;
466 (b) a security system with a backup power source that:
467 (i) detects and records entry into the cannabis production establishment;
468 and
469 (ii) provides notice of an unauthorized entry to law enforcement when the
470 cannabis production establishment is closed; and
471 (c) a lock on any area where the cannabis production establishment stores
472 cannabis or a cannabis product.
473
474 4-41B-402. Inspections.
475 The department may inspect the records and facility of a cannabis production establishment
476 at any time in order to determine if the cannabis production establishment complies with the
477 requirements of this chapter.
478
479 4-41B-403. Advertising.

480 (1) A cannabis production establishment may not advertise to the general public in any
481 medium.
482 (2) Notwithstanding Subsection (1), a cannabis production establishment may advertise
483 employment opportunities at the cannabis production facility.
484
485 4-41B-404. Cannabis, cannabis product, or medical cannabis device
486 transportation.
487 (1) Except for an individual with a valid medical cannabis card pursuant to Title 26,
488 Chapter 60b, Medical Cannabis Act, an individual may not transport cannabis, a
489 cannabis product, or a medical cannabis device unless the individual is:
490 (a) a registered cannabis production establishment agent; or
491 (b) a registered medical cannabis pharmacy agent.
492 (2) Except for an individual with a valid medical cannabis card pursuant to Title 26,
493 Chapter 60b, Medical Cannabis Act, an individual transporting cannabis, a cannabis
494 product, or a medical cannabis device shall possess a transportation manifest that:
495 (a) includes a unique identifier that links the cannabis, cannabis product, or
496 medical cannabis device to a relevant inventory control system;
497 (b) includes origin and destination information for any cannabis, cannabis product,
498 or medical cannabis device the individual is transporting; and
499 (c) indicates the departure and arrival times and locations of the individual
500 transporting the cannabis, cannabis product, or medical cannabis device.
501 (3) In addition to the requirements in Subsections (1) and (2), the department may
502 establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
503 Rulemaking Act, requirements for transporting cannabis, a cannabis product, or a
504 medical cannabis device that are related to safety for human cannabis or cannabis
505 product consumption.
506 (4) An individual who transports cannabis, a cannabis product, or a medical cannabis
507 device with a manifest that does not meet the requirements of this section is:
509 (b) subject to a $100 fine.
510
511 4-41B-405. Local control.

512 (1) A municipality or county may not enact a zoning ordinance that prohibits a cannabis
513 production establishment from operating in a location within the municipality's or
514 county's jurisdiction on the sole basis that the cannabis production establishment
515 possesses, grows, manufactures, or sells cannabis.
516 (2) A municipality or county may not deny or revoke a permit or license to operate a
517 cannabis production facility on the sole basis that the applicant or cannabis production
518 establishment violates a law of the United States regarding the legal status of
519 cannabis.
520
521 Part 5. Cannabis Cultivation Facility Operating Requirements
522 4-41B-501. Cannabis cultivation facility -- Operating requirements.
523 (1) A cannabis cultivation facility shall ensure that any cannabis growing at the cannabis
524 cultivation facility is not visible at the cannabis cultivation facility perimeter.
525 (2) A cannabis cultivation facility shall use a unique identifier that is connected to the
526 cannabis cultivation facility's inventory control system for:
527 (a) beginning at the time a cannabis plant is 8 inches tall and has a root ball, each
528 cannabis plant;
529 (b) each unique harvest of cannabis plants;
530 (c) each batch of cannabis transferred to a medical cannabis pharmacy, a
531 cannabis processing facility, or an independent cannabis testing laboratory; and
532 (d) disposal of excess, contaminated, or deteriorated cannabis.
533
534 4-41B-502. Cannabis -- Labeling and child-resistant packaging.
535 For any cannabis that a cannabis cultivation facility cultivates or otherwise produces, the
536 facility shall:
537 (1) label the cannabis with a label that:
538 (a) has a unique batch identification number that is connected to the inventory
539 control system; and
540 (b) does not display images, words, or phrases that are intended to appeal to
541 children; and
542 (2) package the cannabis in a container that:
543 (a) is tamper evident;

544 (b) is not appealing to children or similar to a candy container;
545 (c) is opaque; and
546 (d) complies with child-resistant effectiveness standards established by the United
547 States Consumer Product Safety Commission.
548
549 Part 6. Cannabis Processing Facility Operating Requirements
550 4-41B-601. Cannabis processing facility -- Operating requirements -- General.
551 (1) A cannabis processing facility shall ensure that a cannabis product sold by the
552 cannabis processing facility complies with the requirements of this part.
553 (2) If a cannabis processing facility extracts cannabinoids from cannabis using a
554 hydrocarbon process, the cannabis processing facility shall extract the cannabinoids
555 under a blast hood and shall use a system to reclaim solvents.
556
557 4-41B-602. Cannabis product -- Labeling and child-resistant packaging.
558 For any cannabis product that a cannabis processing facility processes or otherwise
559 produces, the facility shall:
560 (1) label the cannabis product with a label that:
561 (a) clearly and unambiguously states that the cannabis product contains cannabis;
562 (b) clearly displays the amount of tetrahydrocannabinol and cannabidiol in the
563 cannabis product;
564 (c) has a unique identification number that:
565 (i) is connected to the inventory control system; and
566 (ii) identifies the unique cannabis product manufacturing process by which
567 the cannabis product was manufactured;
568 (d) identifies the cannabinoid extraction process that the cannabis processing
569 facility used to create the cannabis product;
570 (e) does not display images, words, or phrases that are intended to appeal to
571 children; and
572 (f) discloses ingredients and possible allergens; and
573 (2) package the cannabis product in a container that:
574 (a) is tamper evident;
575 (b) is not appealing to children or similar to a candy container;

576 (c) is opaque; and
577 (d) complies with child-resistant effectiveness standards established by the United
578 States Consumer Product Safety Commission.
579
580 4-41B-603. Cannabis product -- Product quality.
581 (1) A cannabis processing facility may not produce a cannabis product in a physical form
582 that:
583 (a) is intended to appeal to children; or
584 (b) is designed to mimic or be mistaken for an existing candy product.
585 (2) A cannabis processing facility may not manufacture a cannabis product by applying a
586 cannabis agent only to the surface of a pre-manufactured food product that is not
587 produced by the cannabis processing facility.
588 (3) A cannabis product may vary in the cannabis product's labeled cannabis profile by up
589 to 15% of the indicated amount of a given cannabinoid, by weight.
590 (4) The department shall adopt by rule, in accordance with Title 63G, Chapter 3, Utah
591 Administrative Rulemaking Act, human safety standards for manufacture of cannabis
592 products that are consistent, to the extent possible, with rules for similar products that
593 do not contain cannabis.
594
595 Part 7. Independent Cannabis Testing Laboratories
596 4-41B-701. Cannabis and cannabis product testing.
597 (1) A medical cannabis pharmacy may not offer any cannabis or cannabis product for
598 sale unless an independent cannabis testing laboratory has tested a representative
599 sample of the cannabis or cannabis product to determine:
600 (a) the amount of tetrahydrocannabinol and cannabidiol in the cannabis or
601 cannabis product;
602 (b) that the presence of contaminants, including mold, fungus, pesticides, microbial
603 contaminants, or foreign material, does not exceed an amount that is safe for
604 human consumption; and
605 (c) for a cannabis product that is manufactured using a process that involves
606 extraction using hydrocarbons, that the cannabis product does not contain an
607 unhealthy level of a residual solvent.

608 (2) The department may determine by rule, in accordance with Title 63G, Chapter 3, Utah
609 Administrative Rulemaking Act, the amount of a substance described in Subsection
610 (1) that is safe for human consumption.
611
612 4-41B-702. Reporting -- Inspections -- Seizure by the department.
613 (1) If an independent cannabis testing laboratory determines that the results of a lab test
614 indicate that a cannabis or cannabis product batch may be unsafe for human
615 consumption, the independent cannabis testing laboratory shall:
616 (a) report the results and the cannabis or cannabis product batch to:
617 (i) the department; and
618 (ii) the cannabis production establishment that prepared the cannabis or
619 cannabis product batch;
620 (b) retain possession of the cannabis or cannabis product batch for one week in
621 order to investigate the cause of the defective batch and to make a
622 determination; and
623 (c) allow the cannabis production establishment that prepared the cannabis or
624 cannabis product batch to appeal the determination described in Subsection
625 (1)(b).
626 (2) If, under Subsection (1)(b), the department determines, following an appeal, that a
627 cannabis or cannabis product prepared by a cannabis production establishment is
628 unsafe for human consumption, the department may seize, embargo, or destroy the
629 cannabis or cannabis product batch.
630
631 Part 8. Enforcement
632 4-41B-801. Enforcement -- Fine -- Citation.
633 (1) The department may, for a violation of this chapter by a person that is a cannabis
634 production establishment or a cannabis production establishment agent:
635 (a) revoke the person's license or cannabis production establishment agent
636 registration card;
637 (b) refuse to renew the person's license or cannabis production establishment
638 agent registration card; or
639 (c) assess the person an administrative penalty.

640 (2) The department shall deposit an administrative penalty imposed under this section in
641 the General Fund.
642 (3) (a) The department may take an action described in Subsection (3)(b) if the
643 department concludes, upon inspection or investigation, that, for a person that
644 is a cannabis production establishment or a cannabis production establishment
645 agent:
646 (i) the person has violated the provisions of this chapter, a rule made under
647 this chapter, or an order issued under this chapter; or
648 (ii) the person produced cannabis or a cannabis product batch that contains
649 a substance that poses a threat to human health.
650 (b) If the department makes the determination about a person described in
651 Subsection (3)(a), the department shall:
652 (i) issue the person a written citation;
653 (ii) attempt to negotiate a stipulated settlement;
654 (iii) seize, embargo, or destroy the cannabis or cannabis product batch; and
655 (iv) direct the person to appear before an adjudicative proceeding conducted
656 under Title 63G, Chapter 4, Administrative Procedures Act.
657 (4) The department may, for a person subject to an uncontested citation, a stipulated
658 settlement, or a finding of a violation in an adjudicative proceeding under this section:
659 (a) assess the person a fine, established in accordance with Section 63J-1-504, of
660 up to $5,000 per violation, in accordance with a fine schedule established by
661 rule made in accordance with Title 63G, Chapter 3, Utah Administrative
662 Rulemaking Act; or
663 (b) order the person to cease and desist from the action that creates a violation.
664 (5) The department may not revoke a cannabis production establishment's license without
665 first directing the cannabis production establishment to appear before an adjudicative
666 proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
667 (6) If within 20 calendar days after the day on which a department serves a citation for a
668 violation of this chapter, the person that is the subject of the citation fails to request a
669 hearing to contest the citation, the citation becomes the department's final order.
670 (7) The department may, for a person who fails to comply with a citation under this
671 section:

672 (a) refuse to issue or renew the person's license or cannabis production
673 establishment agent registration card; or
674 (b) suspend, revoke, or place on probation the person's license or cannabis
675 production establishment registration card.
676 (8) If the department makes a final determination under this section that an individual
677 violated a provision of this chapter, the individual is guilty of an infraction.
678
679 4-41B-802. Report.
680 (1) The department shall report annually to the Health and Human Services Interim
681 Committee on:
682 (a) the number of applications and renewal applications that the department
683 receives;
684 (b) the number of each type of cannabis production facility that the department
685 licenses in each county;
686 (c) the amount of cannabis that licensees grow;
687 (d) the amount of cannabis that licensees manufacture into cannabis products;
688 (e) the number of licenses the department revokes; and
689 (f) the expenses incurred and revenues generated from the medical cannabis
690 program.
691 (2) The department may not include personally identifying information in the report
692 described in this section.
693
694 10-9a-104. Stricter requirements or higher standards.
695 (1) Except as provided in Subsection (2), a municipality may enact a land use regulation
696 imposing stricter requirements or higher standards than are required by this chapter.
697 (2) A municipality may not impose :
698 (a) a requirement or standard that conflicts with a provision of this chapter, other
699 state law, or federal law[.] ; or
700 (b) stricter requirements or higher standards than are required by:
701 (i) Section 4-41b-405; and
702 (ii) Sectuin 26-60b-506.
703

704 17-27a-104. Stricter requirements or higher standards.
705 (1) Except as provided in Subsection (2), a county may enact a land use regulation
706 imposing stricter requirements or higher standards than are required by this chapter.
707 (2) A county may not impose :
708 (a) a requirement or standard that conflicts with a provision of this chapter, other
709 state law, or federal law[.] ; or
710 (b) (i) Section 4-41b-405; and
711 (ii) Section 26-60b-506.
712
713 26-61-202. Cannabinoid Product Board -- Duties.
714 (1) The board shall review any available research related to the human use of cannabis,
715 a cannabinoid product , or an expanded cannabinoid product that:
716 (a) was conducted under a study approved by an IRB; or
717 (b) was conducted or approved by the federal government.
718 (2) Based on the research described in Subsection (1), the board shall evaluate the
719 safety, risks, and efficacy of cannabis, cannabinoid products , and expanded
720 cannabinoid products, including:
721 (a) medical conditions that respond to cannabis, cannabinoid products , and
722 expanded cannabinoid products;
723 (b) cannabis and cannabinoid dosage amounts and medical dosage forms; and
724 (c) interaction of cannabis, cannabinoid products , and expanded cannabinoid
725 products with other treatments.
726 (3) Based on the board's evaluation under Subsection (2), the board shall develop
727 guidelines for [a physician recommending] treatment with cannabis, a cannabinoid
728 product [or] , and an expanded cannabinoid product that [includes] include a list of
729 medical conditions, if any, that the board determines are appropriate for treatment with
730 cannabis, a cannabinoid product , or an expanded cannabinoid product.
731 (4) The board shall submit the guidelines described in Subsection (3) to:
732 (a) the director of the Division of Occupational and Professional Licensing; and
733 (b) the Health and Human Services Interim Committee.
734 (5) The board shall report the board's findings before November 1 of each year to the
735 Health and Human Services Interim Committee.

736 (6) Guidelines developed in accordance with this section may not limit the availability of
737 cannabis, cannabinoid products, or expanded cannabinoid products permitted under
738 Title 4, Chapter 41b, Cannabis Production Establishment or Title 26, Chapter 60b,
739 Medical Cannabis Act.
740
741 CHAPTER 61b. MEDICAL CANNABIS ACT
742 Part 1. General Provisions.
743 26-60B-101. Title.
744 This chapter is known as "Medical Cannabis Act."
745
746 26-60B-102. Definitions.
747 As used in this chapter:
748 (1) "Cannabis" means the same as that term is defined in Section 58-37-3.7.
749 (2) "Cannabis cultivation facility" means the same as that term is defined in Section
750 4-41b-102.
751 (3) "Cannabis processing facility" means the same as that term is defined in Section
752 4-41b-102.
753 (4) "Cannabis product" means the same as that term is defined in Section 58-37-3.7.
754 (5) "Cannabis production establishment agent" means the same as that term is defined in
755 Section 4-41b-102.
756 (6) "Cannabis production establishment agent registration card" means the same as that
757 term is defined in Section 4-41b-102.
758 (7) "Community location" means a church, public library, public playground, public park, or
759 a public or private school.
760 (8) "Designated caregiver" means an individual:
761 (a) (i) whom a patient with a medical cannabis card designates as the patient's
762 caregiver; or
763 (ii) who is the parent or guardian of a minor patient with a medical cannabis
764 card; and
765 (b) registers with the department under Section 26-60b-202.
766 (9) "Independent cannabis testing laboratory" means the same as that term is defined in
767 Section 4-41b-102.

768 (10) "Inventory control system" means the system described in Section 4-41b-103.
769 (11) "Medical cannabis card" means an official card:
770 (a) that the department issues to an individual with a qualifying illness or the
771 individual's designated caregiver under this chapter; and
772 (b) that is connected to the electronic verification system.
773 (12) "Medical cannabis device" means the same as that term is defined in Section
774 58-37-3.7.
775 (13) "Medical cannabis pharmacy" means a person that:
776 (a) acquires or intends to acquire:
777 (i) cannabis or a cannabis product from a cannabis production
778 establishment; or
779 (ii) a medical cannabis device;
780 (b) possesses cannabis, a cannabis product, or a medical cannabis device; and
781 (c) sells or intends to sell cannabis, a cannabis product, or a medical cannabis
782 device.
783 (14) "Medical cannabis pharmacy agent" means an owner, officer, director, board member,
784 employee, or volunteer of a medical cannabis pharmacy.
785 (15) "Medical cannabis pharmacy agent registration card" means a registration card issued
786 by the department that authorizes an individual to act as a medical cannabis
787 pharmacy agent.
788 (16) "Medical Cannabis Restricted Account" means the account created in Section
789 26-60b-109.
790 (17) "Qualified medical provider" means an individual who is qualified to recommend
791 cannabis under Section 26-60b-107.
792 (18) "Qualifying illness" means a condition described in Section 26-60b-105.
793 (19) "State electronic verification system" means the system described in Section
794 26-60b-103.
795
796 26-60B-103. Electronic verification system.
797 (1) The Department of Agriculture and Food, the department, the Department of Public
798 Safety, and the Department of Technology Services shall:
799 (a) enter into a memorandum of understanding in order to determine the function

800 and operation of an electronic verification system in accordance with
801 Subsection (2);
802 (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
803 Procurement Code, to develop a request for proposals for a third-party provider
804 to develop and maintain the electronic verification system in coordination with
805 the Department of Technology Services; and
806 (c) select a third-party provider described in Subsection (1)(b).
807 (2) The Department of Agriculture and Food, the department, the Department of Public
808 Safety, and the Department of Technology Services shall ensure that, no later than
809 March 1, 2020, the electronic verification system described in Subsection (1):
810 (a) allows an individual, with the individual's qualified medical provider in the
811 qualified medical provider's office, to apply for a medical cannabis card;
812 (b) allows an individual to apply to renew a medical cannabis card in accordance
813 with Sections 20-60B-201 and 202;
814 (c) allows a qualified medical provider to electronically recommend, during a visit
815 with a patient, treatment with cannabis or a cannabis product;
816 (d) connect with an inventory control system used by a medical cannabis pharmacy
817 to track in real time and archive purchases of any cannabis, cannabis product,
818 or medical cannabis device, including:
819 (i) the time and date of the purchase;
820 (ii) the quantity and type of cannabis, cannabis product, or medical
821 cannabis device purchased;
822 (iii) any cannabis production establishment or medical cannabis pharmacy
823 associated with the cannabis, cannabis product, or medical cannabis
824 device; and
825 (iv) unless cannabis is removed from the list of Schedule I drugs under the
826 Controlled Substances Act, for a temporary retention period of no more
827 than 60 days, the personally identifiable information of the medical
828 cannabis card holder who made the purchase;
829 (d) provide access to the department and the Department of Agriculture and Food
830 to the extent necessary to carry out the department's and the Department of
831 Agriculture and Food's functions and responsibilities under this chapter and

832 under Title 4, Chapter 41b, Cannabis Production Establishment;
833 (e) provide access to state or local law enforcement:
834 (i) during a traffic stop for the purpose of determining if the individual
835 subject to the traffic stop is in compliance with state medical cannabis
836 law; or
837 (ii) after obtaining a warrant; and
838 (f) create a record each time a person accesses the database that identifies the
839 person who accessed the database and the individual whose records the
840 person accesses.
841 (3) The department may release de-identified data that the system collects for the
842 purpose of:
843 (a) conducting medical research; and
844 (b) providing the report required by Section 26-60b-603.
845
846 26-60B-104. Preemption.
847 This chapter preempts any ordinance or rule enacted by a political subdivision of the state
848 regarding a medical cannabis pharmacy or a medical cannabis card.
849
850 26-60B-105. Qualifying illness.
851 For the purposes of this chapter, the following conditions are a qualifying illness:
852 (1) HIV, acquired immune deficiency syndrome, or an autoimmune disorder;
853 (2) Alzheimer's disease;
854 (3) amyotrophic lateral sclerosis;
855 (4) cancer, cachexia, or a condition manifest by physical wasting, nausea, or malnutrition
856 associated with chronic disease;
857 (5) Crohn's disease, ulcerative colitis, or a similar gastrointestinal disorder;
858 (6) epilepsy or a similar condition that causes debilitating seizures;
859 (7) multiple sclerosis or a similar condition that causes persistent and debilitating muscle
860 spasms;
861 (8) post-traumatic stress disorder;
862 (9) autism;
863 (10) a terminal illness when the patient's remaining life expectancy is less than one year;

864 (11) a rare condition or disease that affects less than 200,000 persons in the United
865 States, as defined in Section 526 of the Federal Food, Drug, and Cosmetic Act; and
866 (12) chronic or debilitating pain in an individual, if a qualified medical provider determines
867 that the individual is:
868 (a) at risk of becoming chemically dependent or overdosing on opiate-based pain
869 medication;
870 (b) allergic to opiates: or
871 (c) otherwise medically unable to use opiates; or
872 (13) a condition that the compassionate use board approves under Section 26-60b-106 in
873 an individual, case-by-case basis.
874
875 26-60B-106. Compassionate use board.
876 (1) The department shall establish a compassionate use board consisting of:
877 (a) five qualified medical providers that the department appoints who are:
878 (i) knowledgeable about the medicinal use of cannabis; and
879 (ii) certified by the appropriate board in the specialty of neurology, pain
880 medicine and pain management, medical oncology, psychiatry,
881 infectious disease, internal medicine, pediatrics, or gastroenterology;
882 and
883 (b) as a non-voting member and the chair of the board, the director of the
884 department or the director's designee.
885 (2) (a) Of the members of the board that the department first appoints:
886 (i) two shall serve an initial term of three years; and
887 (ii) the remaining members shall serve an initial term of four years.
888 (b) After the initial terms described in Subsection (2)(a) expire, each term is four
889 years and eligible for reappointment.
890 (c) Any member of the board may serve until a successor is appointed.
891 (3) Three members constitute a quorum of the compassionate use board.
892 (4) A member of the board:
893 (a) may not receive compensation or benefits for the member's service; and
894 (b) may receive per diem and travel expenses in accordance with Section
895 63A-3-106, Section 63A-3-107, and rules made by the Division of Finance

896 pursuant to Sections 63A-3-106 and 63A-3-107.
897 (5) The compassionate use board shall:
898 (a) review and recommend for department approval an individual who is not
899 otherwise qualified to receive a medical cannabis card to obtain a medical
900 cannabis card for compassionate use if:
901 (i) the individual offers, in the board's discretion, satisfactory evidence that
902 the individual suffers from an intractible condition that substantially
903 impairs the individual's quality of life; and
904 (ii) the board determines it is in the best interest of the patient to allow the
905 compassionate use of medical cannabis;
906 (b) meet to receive or review compassionate use petitions at least quarterly unless
907 no petitions are pending, and as often as necessary if there are more petitions
908 than the board can receive or review during the board's regular schedule;
909 (c) complete a review of each petition and recommend approval or denial of the
910 applicant for qualification for a medical cannabis card within 90 days of receipt;
911 and
912 (d) report, before November 1 of each year, to the Health and Human Services
913 Interim Committee:
914 (i) the number of compassionate use approvals the board issued during the
915 past year; and
916 (ii) the types of conditions for which the board approved compassionate
917 use.
918 (6) The department shall review any compassionate use that the board approves to
919 determine if the board properly exercised the board's discretion under this section.
920 (7) If the department determines that the board properly approved an individual for
921 compassionate use under this section, the department shall issue a medical cannabis
922 card.
923 (8) Any individually identifiable health information contained in a petition that the board or
924 department receive under this section is a protected record in accordance with Title
925 63G, Chapter 2, Government Records Access and Management Act.
926 (9) The compassionate use board may recommend to the Health and Human Services
927 Interim Committee:

928 (a) a condition to designate as a qualifying illness under Section 26-60b-105; or
929 (b) a condition to remove as a qualifying illness under Section 26-60b-105.
930
931 26-60B-107. Medical provider qualification.
932 (1) A medical provider qualifies to recommend a medical cannabis treatment to patients if
933 the provider:
934 (a) is actively licensed in good standing in accordance with:
935 (i) for a physician, Title 58, Chapter 67, Utah Medical Practice Act or Title
936 58, Chapter 68, Utah Osteopathic Medical Practice Act;
937 (ii) for a physician's assistant, Title 58, Chapter 70A, Physician Assistant
938 Act; or
939 (iii) for an advanced practice registered nurse, Title 58, Chapter 31B, Nurse
940 Practice Act;
941 (b) licensed to prescribe a controlled substance in accordance with Title 58,
942 Chapter 37, Utah Controlled Substances Act; and
943 (c) possesses the authority, in accordance with the individual's scope of practice,
944 to prescribe Schedule II controlled substances.
945 (2) A qualified medical provider may not recommend a medical cannabis treatment if the
946 qualified medical provider recommends a medical cannabis treatment to more than
947 20% of the qualified medical provider's patients at any given time.
948 (3) A qualified medical provider may recommend a medical cannabis treatment to more
949 than 20% of the qualified medical provider's patients if the appropriate American
950 medical board certifies the qualified medical provider in the specialty of
951 anesthesiology, gastroenterology, neurology, oncology, pain and palliative care,
952 physiatry, or psychiatry.
953 (4) A qualified medical provider may recommend a medical cannabis treatment to an
954 individual under this chapter only in the course of a physician-patient relationship after
955 the qualified medical provider has completed a full assessment of the patient's
956 condition and medical history.
957 (5) (a) Except as provided in Subsection (5)(b), a qualified medical provider eligible to
958 recommend a course of treatment with medical cannabis or a cannabis product
959 under this section may not advertise that the qualified medical provider

960 recommends treatment with medical cannabis or a cannabis product.
961 (b) A qualified medical provider may only advertise, through a website, the
962 following information related to medical cannabis:
963 (i) a green cross;
964 (ii) any qualifying illness that the qualified medical provider treats; and
965 (iii) any scientific study regarding medical cannabis use.
966
967 26-60B-108. Standard of care -- Medical practitioners not liable -- No private
968 right of action.
969 A qualified medical provider who recommends treatment with medical cannabis or a
970 cannabis product to a patient in accordance with this chapter is not, based on the
971 recommendation, subject to:
972 (1) civil or criminal liability; or
973 (2) licensure sanctions under:
974 (a) for a physician, Title 58, Chapter 67, Utah Medical Practice Act or Title 58,
975 Chapter 68, Utah Osteopathic Medical Practice Act;
976 (b) for a physician's assistant, Title 58, Chapter 70A, Physician Assistant Act; or
977 (c) for an advanced practice registered nurse, Title 58, Chapter 31B, Nurse
978 Practice Act;
979
980 26-60B-109. Medical Cannabis Restricted Account -- Creation.
981 (1) There is created in the General Fund a restricted account known as the "Medical
982 Cannabis Restricted Account."
983 (2) The account created in this section is funded from:
984 (a) money deposited into the account by the Department of Agriculture and Food
985 under Title 4, Chapter 41b, Cannabis Production Establishments;
986 (b) money deposited into the account by the department under this chapter;
987 (c) appropriations made to the account by the Legislature; and
988 (d) the interest described in Subsection (3).
989 (3) Interest earned on the account is deposited in the account.
990 (4) Money in the account may only be used to fund the state medical cannabis program,
991 including Title 26, Chapter 60b, Medical Cannabis Act and Title 4, Chapter 41b,

992 Cannabis Production Establishments.
993
994 26-60B-110. Nondiscrimination for medical care.
995 For purposes of medical care, including organ and tissue transplants, the use of cannabis by
996 a patient who holds a medical cannabis card in accordance with this chapter:
997 (1) is the equivalent of the authorized use of any other medication used at the discretion
998 of a physician; and
999 (2) does not constitute the use of an illicit substance or otherwise disqualify an individual
1000 from needed medical care.
1001
1002 Part 2. Medical Cannabis Card Registration
1003 26-60B-201. Medical cannabis card -- Application -- Fees -- Database.
1004 (1) The department shall, no later than March 1, 2020, and within 15 days after an
1005 individual submits an application in compliance with this section, issue a medical
1006 cannabis card to an individual who complies with this section and satisfies the
1007 eligibility criteria in this section.
1008 (2) An individual is eligible for a medical cannabis card if:
1009 (a) (i) the individual is at least 18 years old;
1010 (ii) the individual is a Utah resident; and
1011 (iii) the individual's qualified medical provider has recommended treatment
1012 with medical cannabis in accordance with Subsection (4); or
1013 (b) (i) the individual is the parent or legal guardian of a minor;
1014 (ii) the individual is at least 18 years old;
1015 (iii) the individual is a Utah resident;
1016 (iv) the minor's qualified medical provider has recommended treatment with
1017 medical cannabis in accordance with Subsection (4);
1018 (c) the individual pays, to the department, a fee that the department establishes in
1019 accordance with Section 63J-1-504, plus the cost of the criminal background
1020 check described in Section 26-60b-203; and
1021 (d) the individual has not been convicted of an offense that is a felony under either
1022 state or federal law, unless the individual completed any imposed sentence
1023 seven or more years earlier.

1024 (3) An individual who is eligible for a medical cannabis card under Subsection (2) shall
1025 submit an application for a medical cannabis card to the department:
1026 (a) through an electronic application connected to the electronic verification
1027 system;
1028 (b) with the recommending qualified medical provider while in the recommending
1029 qualified medical provider's office; and
1030 (c) including the individual's name, gender, age, and address.
1031 (4) A qualified medical provider who recommends treatment with medical cannabis to an
1032 individual or minor shall:
1033 (a) state in the qualified medical provider's recommendation that the individual
1034 suffers from a qualifying illness, including the type of qualifying illness, and that
1035 the individual may benefit from treatment with cannabis or a cannabis product;
1036 and
1037 (b) before recommending cannabis or a cannabis product, look up the individual in
1038 the controlled substance database created in Section 58-37f-201.
1039 (5) A medical cannabis card issued by the department under this section is valid for the
1040 lesser of an amount of time determined by the qualified medical provider or:
1041 (a) upon first receiving a medical cannabis card, 30 days;
1042 (b) upon the first renewal, 60 days; and
1043 (c) for a renewal after the first renewal, six months.
1044 (6) (a) A medical cannabis card is renewable if, at the time of renewal, the individual
1045 with a medical cannabis card meets the requirements of Subsection (2).
1046 (b) A medical cannabis card holder may renew the medical cannabis card:
1047 (i) using the application process described in Subsection (3); or
1048 (ii) through phone or video conference with the recommending qualified
1049 medical provider, at the provider's discretion.
1050 (c) A medical cannabis card holder who renews a medical cannabis card shall pay,
1051 to the department, a renewal fee that:
1052 (i) the department establishes in accordance with Section 63J-1-504; and
1053 (ii) may not exceed the cost of the relatively lower administrative burden of
1054 renewal.
1055 (7) A medical cannabis card holder:

1056 (a) may carry a valid medical cannabis card with the patient's name;
1057 (b) may purchase, possess, and transport, in accordance with this chapter,
1058 cannabis, a cannabis product, or a medical cannabis device;
1059 (c) may use or assist with the use of medical cannabis or medical cannabis
1060 products to treat the qualifying illness or symptoms associated with the
1061 qualifying illness of the person for whom medical cannabis has been
1062 recommended; and
1063 (d) after January 1, 2021, if a licensed medical cannabis pharmacy is not operating
1064 within 100 miles of the medical cannabis card holder's primary residence, is not
1065 subject to prosecution for the possession of marijuana or marijuana drug
1066 paraphernalia.
1067 (8) The department may establish procedures, by rule in accordance with Title 63G,
1068 Chapter 3, Utah Administrative Rulemaking Act, to implement the medical cannabis
1069 card application and issuance provisions of this section.
1070 (9) (a) A person may submit, to the department, a request to conduct a medical
1071 research study using medical cannabis cardholder data contained in the
1072 electronic verification system.
1073 (b) The department shall review a request submitted under Subsection (9)(a) to
1074 determine if the medical research study is valid.
1075 (c) If the department determines that the medical research study is valid under
1076 Subsection (9)(b), the department shall notify a relevant medical cannabis
1077 cardholder asking for the medical cannabis cardholder's participation in the
1078 study.
1079 (d) The department may release, for the purposes of a study, information about a
1080 medical cannabis cardholder who consents to participation under Subsection
1081 (9)(c).
1082 (e) The department may establish standards for a medical research study's validity,
1083 by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1084 Rulemaking Act.
1085
1086 26-60B-202. Medical cannabis card --- Designated caregiver -- Registration --
1087 Renewal -- Revocation.

1088 (1) An individual may designate up to two individuals to serve as designated caregivers
1089 for the individual if:
1090 (a) the individual has a valid medical cannabis card under Section 26-60b-201; and
1091 (b) a qualified medical provider determines that, due to physical difficulty or undue
1092 hardship, the individual needs assistance to obtain cannabis or a cannabis
1093 product from a medical cannabis pharmacy.
1094 (2) An individual registered as a designated caregiver under this section:
1095 (a) may carry a valid medical cannabis card with the designating patient's name
1096 and the designated caregiver's name;
1097 (b) may purchase, possess, and transport, in accordance with this chapter,
1098 cannabis, a cannabis product, or a medical cannabis device on behalf of the
1099 designating patient;
1100 (c) may accept reimbursement from the designating patient for direct costs
1101 incurred by the designated caregiver for assisting with the designating patient's
1102 medicinal use of cannabis; and
1103 (d) after January 1, 2021, if a licensed medical cannabis pharmacy is not operating
1104 within 100 miles of the medical cannabis card holder's primary residence, is not
1105 subject to prosecution for the possession of marijuana or marijuana drug
1106 paraphernalia.
1107 (3) The department shall, within 30 days after an individual submits an application in
1108 compliance with this section, issue a medical cannabis card to an individual
1109 designated as a caregiver under Subsection (1) and who complies with this section.
1110 (4) An individual is eligible for a medical cannabis card as a designated caregiver if the
1111 individual:
1112 (a) is at least 18 years old;
1113 (b) is a Utah resident;
1114 (c) pays, to the department, a fee that the department establishes in accordance
1115 with Section 63J-1-504, plus the cost of the criminal background check
1116 described in Section 26-60b-203; and
1117 (d) has not been convicted of an offense that is a felony under either state or
1118 federal law, unless the individual completed any imposed sentence seven or
1119 more years earlier.

1120 (5) An individual who is eligible for a medical cannabis card as a designated caregiver
1121 shall:
1122 (a) submit an application for a medical cannabis card to the department through an
1123 electronic application connected to the electronic verification system;
1124 (b) include the individual's name, gender, age, and address; and
1125 (c) include the name of the patient that designated the individual under Subsection
1126 (1).
1127 (6) A medical cannabis card issued by the department under this section is valid for the
1128 lesser of:
1129 (a) an amount of time determined by:
1130 (i) the qualified medical provider; or
1131 (ii) the patient who designates the caregiver; or
1132 (b) (i) upon first receiving a medical cannabis card as a designated caregiver,
1133 30 days;
1134 (ii) upon the first renewal, 60 days; and
1135 (iii) for a renewal after the first renewal, six months.
1136 (7) (a) A medical cannabis card is renewable for a designated caregiver if, at the time
1137 of renewal:
1138 (i) the individual with a medical cannabis card described in Subsection (1)
1139 renews the caregiver's designation; and
1140 (ii) the designated caregiver meets the requirements of Subsection (4).
1141 (b) A designated caregiver may renew the caregiver's medical cannabis card using
1142 the application process described in Subsection (5).
1143 (c) A designated caregiver renewing a medical cannabis card shall pay, to the
1144 department, a renewal fee that:
1145 (i) the department establishes in accordance with Section 63J-1-504; and
1146 (ii) may not exceed the cost of the relatively lower administrative burden of
1147 renewal.
1148 (8) A designated caregiver may not charge an individual a fee to act as the individual's
1149 designated caregiver or for services provided.
1150 (9) The department may revoke a designated caregiver's medical cannabis card if the
1151 individual:

1152 (a) violates this chapter; or
1153 (b) is convicted of an offense that is a felony under either state or federal law.
1154
1155 26-60B-203. Designated caregiver -- Criminal background check.
1156 (1) An individual registered as a designated caregiver under Section 26-60b-202 shall
1157 submit to a criminal background check in accordance with Subsection (2).
1158 (2) Each designated caregiver shall:
1159 (a) submit, to the department, a fingerprint card in a form acceptable to the
1160 department and the Department of Public Safety; and
1161 (b) consent to a fingerprint background check by:
1162 (i) the Utah Bureau of Criminal Identification; and
1163 (ii) the Federal Bureau of Investigation.
1164 (3) The Department of Public Safety shall:
1165 (a) complete a Federal Bureau of Investigation Criminal Background Check for
1166 each designated caregiver under Subsection (2); and
1167 (b) report the results of the background check to the department.
1168
1169 26-60B-204. Medical cannabis card -- Patient and designated caregiver
1170 requirements -- Rebuttable presumption.
1171 (1) An individual who has a medical cannabis card and who possesses cannabis or a
1172 cannabis product outside of the individual's residence shall:
1173 (a) carry, with the individual at all times, the individual's medical cannabis card;
1174 (b) carry, with the cannabis or cannabis product, a label that identifies that the
1175 cannabis or cannabis product:
1176 (i) was originally sold from a licensed medical cannabis pharmacy; and
1177 (ii) includes an identification number that links the cannabis or cannabis
1178 product to the inventory control system; and
1179 (c) possess not more than:
1180 (i) four ounces of unprocessed cannabis; or
1181 (ii) an amount of cannabis product that contains 20 or fewer grams of
1182 tetrahydrocannabinol or cannabidiol.
1183 (2) (a) Except as described in Subsection (2)(b), an individual who has a medical

1184 cannabis card may not use cannabis or a cannabis product in public view.
1185 (b) An individual may use cannabis or a cannabis product in public view in the
1186 event of a medical emergency.
1187 (3) If an individual possesses cannabis or a cannabis product in compliance with
1188 Subsection (1), or a medical cannabis device that corresponds with the cannabis or
1189 cannabis product:
1194 device, to believe that the individual is engaging in illegal activity.
1195 (4) (a) If a law enforcement officer stops an individual who possesses cannabis, a
1196 cannabis product, or a medical cannabis device, and the individual represents
1197 to the law enforcement officer that the individual holds a valid medical cannabis
1198 card, but the individual does not have the medical cannabis card in the
1199 individual's possession at the time of the stop by the law enforcement officer,
1200 the law enforcement officer shall attempt to access the electronic verification
1201 system to determine whether the individual holds a valid medical cannabis
1202 card.
1203 (b) If the law enforcement officer is able to verify that the individual described in
1204 Subsection (4)(a) holds a valid medical cannabis card, the law enforcement
1205 officer:
1206 (i) may not arrest or take the individual into custody for the sole reason that
1207 the individual is in possession of cannabis, a cannabis product, or a
1208 medical cannabis device; and
1209 (ii) may not seize the cannabis, cannabis product, or medical cannabis
1210 device.
1211 (5) An individual who possesses cannabis, a cannabis product, or a medical cannabis
1212 device in violation of Subsection (1)(a) or Subsection (1)(b) is guilty of an infraction
1213 and subject to a $100 fine.
1214
1215 Part 3. Medical cannabis pharmacy License

1216 26-60B-301. Medical cannabis pharmacy -- License -- Eligibility.
1217 (1) A person may not operate as a medical cannabis pharmacy without a license issued
1218 by the department issued under this part.
1219 (2) Subject to Subsections (5) and to Section 26-60b-304, the department shall, within 90
1220 business days after receiving a complete application, issue a license to operate a
1221 medical cannabis pharmacy to a person who submits to the department:
1222 (a) a proposed name and address where the person will operate the medical
1223 cannabis pharmacy that is not within the following distances, as measured from
1224 the nearest entrance to the cannabis production establishment by following the
1225 shortest route of ordinary pedestrian travel to the property boundary:
1226 (i) 600 feet of a community location; or
1227 (ii) 300 feet of an area in which local zoning does not allow for the operation
1228 of either:
1229 (A) a business that sells alcohol; or
1230 (B) a retail tobacco specialty business, as that term is defined in
1231 Section 10-8-41.6 or 17-50-333;
1232 (b) the name and address of any individual who
1233 (i) has a financial or voting interest of two percent or greater in the
1234 proposed medical cannabis pharmacy; or
1235 (ii) has the power to direct or cause the management or control of a
1236 proposed cannabis production establishment;
1237 (c) financial statements demonstrating that the person possesses a minimum of
1238 $125,000 in liquid assets available for each application submitted to the
1239 department;
1240 (d) an operating plan that:
1241 (i) complies with Section 26-60b-303; and
1242 (ii) includes operating procedures to comply with the operating requirements
1243 for a medical cannabis pharmacy described in this chapter and with any
1244 laws adopted by the municipality or county that are consistent with
1245 Section 26-60b-506;
1246 (e) if the municipality or county where the proposed cannabis production
1247 establishment would be located has enacted zoning restrictions, a sworn

1248 statement certifying that the proposed medical cannabis pharmacy is in
1249 compliance with the restrictions;
1250 (f) if the municipality or county where the proposed medical cannabis pharmacy
1251 would be located requires a local permit or license, a copy of the application for
1252 the local permit or license; and
1253 (g) an application fee established by the department in accordance with Section
1254 63J-1-504 that is necessary to cover the department's cost to implement this
1255 part;
1256 (4) If the department determines that a medical cannabis pharmacy is eligible for a
1257 license under this section, the department shall charge the medical cannabis
1258 pharmacy an initial license fee in an amount determined by the department in
1259 accordance with Section 63J-1-504.
1260 (5) The department may not issue a license to operate a medical cannabis pharmacy to
1261 an applicant if any individual who has a financial or voter interest of two percent or
1262 greater in the medical cannabis pharmacy applicant or who has power to direct or
1263 cause the management or control of the applicant and:
1264 (a) has been convicted of an offense that is a felony under either state or federal
1265 law; or
1266 (b) is less than 21 years of age.
1267 (6) The department may revoke a license under this part if the medical cannabis
1268 pharmacy is not operating within one year of the issuance of the initial license.
1269 (7) The department shall deposit the proceeds of a fee imposed by this section in the
1270 Medical Cannabis Restricted Account.
1271 (8) The department shall begin accepting applications under this part no later than March
1272 1, 2020.
1273
1274 26-60B-302. Renewal.
1275 (1) Except as provided in Subsection (3), the department shall renew a person's license
1276 under this part every two years if, at the time of renewal:
1277 (a) the person meets the requirements of Section 26-60b-301; and
1278 (b) the person pays the department a license renewal fee in an amount determined
1279 by the department in accordance with Section 63J-1-504.

1280 (2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis
1281 pharmacy's license, the department shall publish notice of an available license:
1282 (i) in a newspaper of general circulation for the geographic area in which
1283 the medical cannabis pharmacy license is available; or
1284 (ii) on the Utah Public Notice Website established in Section 63F-1-701.
1285 (b) The department may establish criteria, in accordance with Title 63G, Chapter 3,
1286 Utah Administrative Rulemaking Act, for what actions by a medical cannabis
1287 pharmacy constitute abandonment of a medical cannabis pharmacy license.
1288
1289 26-60B-303. Operating plan.
1290 A person applying for a medical cannabis pharmacy license shall submit to the department a
1291 proposed operation plan for the medical cannabis pharmacy that complies with this section
1292 and that includes:
1293 (1) a description of the physical characteristics of the proposed facility, including a floor
1294 plan and an architectural elevation;
1295 (2) a description of the credentials and experience of:
1296 (a) each officer, director, or owner of the proposed medical cannabis pharmacy;
1297 and
1298 (b) any highly skilled or experienced prospective employee;
1299 (3) the medical cannabis pharmacy's employee training standards;
1300 (4) a security plan; and
1301 (5) a description of the medical cannabis pharmacy's inventory control system, including a
1302 plan to make the inventory control system compatible with the electronic verification
1303 system.
1304
1305 26-60B-304. Maximum number of licenses.
1306 (1) In each county, the department may not issue more than the greater of:
1307 (a) one medical cannabis pharmacy license; or
1308 (b) an amount of medical cannabis pharmacy licenses equal to the number of
1309 residents in the county divided by 150,000, rounded up to the nearest greater
1310 whole number.
1311 (2) If there are more qualified applicants than there are available licenses for medical

1312 cannabis pharmacies, the department shall evaluate the applicants and award the
1313 license to the applicant that best demonstrates:
1314 (a) experience with establishing and successfully operating a business that
1315 involves complying with a regulatory environment, tracking inventory, and
1316 training, evaluating, and monitoring employees;
1317 (b) an operating plan that will best ensure the safety and security of patrons and
1318 the community;
1319 (c) positive connections to the local community;
1320 (d) the suitability of the proposed location and its accessibility for qualifying
1321 patients; and
1322 (e) the extent to which the applicant can reduce the cost of cannabis or cannabis
1323 products for patients.
1324 (3) The department may conduct a face-to-face interview with an applicant for a license
1325 that the department evaluates under Subsection (2).
1326
1327 Part 4. Medical cannabis pharmacy Agents
1328 26-60B-401. Medical cannabis pharmacy agent -- Registration.
1329 (1) An individual may not serve as a medical cannabis pharmacy agent of a medical
1330 cannabis pharmacy unless the individual is registered by the department as a medical
1331 cannabis pharmacy agent.
1332 (2) A physician, regardless of the physician's status as a qualified medical provider, may
1333 not act as a medical cannabis pharmacy agent.
1334 (3) The department shall, within 15 days after receiving a complete application from a
1335 medical cannabis pharmacy on behalf of a prospective medical cannabis pharmacy
1336 agent, register and issue a medical cannabis pharmacy agent registration card to an
1337 individual who:
1338 (a) provides to the department the individual's name and address and the name
1339 and location of the licensed medical cannabis pharmacy where the individual
1340 seeks to act as the medical cannabis pharmacy agent; and
1341 (b) pays a fee to the department, in an amount determined by the department in
1342 accordance with Section 63J-1-504, that is necessary to cover the department's
1343 cost to implement this part.

1344 (4) The department shall designate, on an individual's medical cannabis pharmacy agent
1345 registration card, the name of the medical cannabis pharmacy where the individual is
1346 registered as an agent.
1347 (5) A medical cannabis pharmacy agent shall comply with a certification standard
1348 developed by the department, or a third party certification standard that the
1349 department designates by rule in accordance with Title 63G, Chapter 3, Utah
1350 Administrative Rulemaking Act.
1351 (6) The department shall ensure that the certification standard described in Subsection
1352 (5) includes training in:
1353 (a) Utah medical cannabis law; and
1354 (b) medical cannabis pharmacy best practices.
1355 (7) The department may revoke or refuse to issue the medical cannabis pharmacy agent
1356 registration card of an individual who:
1357 (a) violates the requirements of this chapter; or
1358 (b) is convicted of an offense that is a felony under state or federal law.
1359
1360 26-60B-402. Medical cannabis pharmacy agents -- Criminal background checks.
1361 (1) Each applicant shall submit, at the time of application, from each individual who has a
1362 financial or voting interest of two percent or greater in the applicant or who has the
1363 power to direct or cause the management or control of the applicant:
1364 (a) a fingerprint card in a form acceptable to the department; and
1365 (b) consent to a fingerprint background check by the Utah Bureau of Criminal
1366 Identification and the Federal Bureau of Investigation.
1367 (2) The department shall request that the Department of Public Safety complete a Federal
1368 Bureau of Investigation criminal background check for each individual described in
1369 Subsection (1).
1370
1371 26-60B-403. Medical cannabis pharmacy agent registration card -- Rebuttable
1372 presumption.
1373 (1) A medical cannabis pharmacy agent who is registered with the department under
1374 Section 26-60b-401 shall carry the individual's medical cannabis pharmacy agent
1375 registration card with the individual at all times when:

1376 (a) the individual is on the premises of a medical cannabis pharmacy; and
1377 (b) the individual is transporting cannabis, a cannabis product, or a medical
1378 cannabis device between two cannabis production establishments or between
1379 a cannabis production establishment and a medical cannabis pharmacy.
1380 (2) If an individual handling cannabis, a cannabis product, or a medical cannabis device
1381 at a medical cannabis pharmacy, or transporting cannabis, a cannabis product, or a
1382 medical cannabis device, possesses the cannabis, cannabis product, or medical
1383 cannabis device in compliance with Subsection (1):
1388 device in compliance with Subsection (1), to believe that the individual is
1389 engaging in illegal activity.
1390 (3) An individual who violates Subsection (1) is:
1392 (b) is subject to a $100 fine.
1393
1394 Part 5. Medical Cannabis Pharmacy Operation
1395 26-60B-501. Operating requirements -- General.
1396 (1) (a) A medical cannabis pharmacy shall operate:
1397 (i) at the physical address provided to the department under Section
1398 26-60b-301; and
1399 (ii) in accordance with the operating plan provided to the department under
1400 Section 26-60b-303.
1401 (b) A medical cannabis pharmacy shall notify the department before a change in
1402 the medical cannabis pharmacy's physical address or operating plan.
1403 (2) An individual may not access a medical cannabis pharmacy unless the individual:
1404 (a) is at least 18 years of age or older; and
1405 (b) except as provided in Subsection (5), possesses a valid medical cannabis
1406 pharmacy agent registration card or medical cannabis card.
1407 (3) A medical cannabis pharmacy may not employ any person who is younger than 21

1408 years of age.
1409 (4) A medical cannabis pharmacy shall conduct a background check into the criminal
1410 history of every person who will become an agent of the medical cannabis pharmacy
1411 and may not employ any person who has been convicted of an offense that is a felony
1412 under either state or federal law.
1413 (5) A medical cannabis pharmacy may authorize an individual who is not a medical
1414 cannabis pharmacy agent to access the medical cannabis pharmacy if the medical
1415 cannabis pharmacy tracks and monitors the individual at all times while the individual
1416 is at the medical cannabis pharmacy and maintains a record of the individual's access.
1417 (6) A medical cannabis pharmacy shall operate in a facility that has:
1418 (a) a single, secure public entrance;
1419 (b) a security system with a backup power source that:
1420 (i) detects and records entry into the medical cannabis pharmacy; and
1421 (ii) provides notice of an unauthorized entry to law enforcement when the
1422 medical cannabis pharmacy is closed; and
1423 (c) a lock on any area where the medical cannabis pharmacy stores cannabis or a
1424 cannabis product.
1425 (7) A medical cannabis pharmacy shall post, clearly and conspicuously in the medical
1426 cannabis pharmacy, the limit on the purchase of cannabis described in Subsection
1427 26-60b-502(2).
1428 (8) A medical cannabis pharmacy may not allow any individual to consume cannabis on
1429 the property or premises of the medical cannabis pharmacy.
1430 (9) A medical cannabis pharmacy may not sell cannabis or a cannabis product without
1431 first indicating on the cannabis or cannabis product label the name of the medical
1432 cannabis pharmacy.
1433
1434 26-60B-502. Dispensing -- Amount a medical cannabis pharmacy may dispense
1435 -- Reporting -- Form of cannabis or cannabis product.
1436 (1) (a) A medical cannabis pharmacy may not sell a product other than, subject to this
1437 chapter:
1438 (i) cannabis;
1439 (ii) a cannabis product;

1440 (iii) a medical cannabis device; or
1441 (iv) educational materials related to the medical use of cannabis.
1442 (b) A medical cannabis pharmacy shall include a warning label on each item
1443 described in Subsection (1)(a) that states: "WARNING: Cannabis has
1444 intoxicating effects and may be addictive. Do not operate a vehicle or
1445 machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This
1446 product is for medical use only."
1447 (c) A medical cannabis pharmacy may only sell the items listed in Subsection
1448 (1)(a) to an individual with:
1449 (i) a medical cannabis card issued by the department; and
1450 (ii) corresponding valid photo identification that a governmental agency
1451 issues.
1452 (2) A medical cannabis pharmacy may not dispense on behalf of any one individual with a
1453 medical cannabis card, in any one 14-day period, more than:
1454 (a) an amount recommended by the individual's qualified medical provider; or
1455 (b) (i) one ounce by weight of unprocessed cannabis that:
1456 (A) is in a medicinal dosage form, as that term is defined in Section
1457 58-37-3.6; and
1458 (B) carries a label that clearly displays the amount of
1459 tetrahydrocannabinol and cannabidiol in the cannabis; or
1460 (ii) an amount of cannabis products that contains, in total, greater than 10
1461 grams of tetrahydrocannabinol or cannabidiol.
1462 (3) An individual with a medical cannabis card may not purchase more cannabis or
1463 cannabis products than the amounts designated in Subsection (2) in any one 14-day
1464 period.
1465 (4) A medical cannabis pharmacy shall:
1466 (a) access the electronic verification system before dispensing cannabis or a
1467 cannabis product to an individual with a medical cannabis card in order to
1468 determine if the individual has met the maximum amount of cannabis or
1469 cannabis products described in Subsection (2); and
1470 (b) submit a record to the electronic verification system each time the medical
1471 cannabis pharmacy dispenses cannabis or a cannabis product to an individual

1472 with a medical cannabis card.
1473 (5) (a) Except as provided in Subsection (5)(b), a medical cannabis pharmacy may not
1474 sell medical cannabis in the form of a cigarette or a medical cannabis device
1475 that is intentionally designed or constructed to resemble a cigarette.
1476 (b) A medical cannabis pharmacy may sell a medical cannabis device that warms
1477 cannabis material into a vapor without the use of a flame and that delivers
1478 cannabis to an individual's respiratory system.
1479 (6) A medical cannabis pharmacy may not give, at no cost, a product that the medical
1480 cannabis pharmacy is allowed to sell under Subsection (1).
1481
1482 26-60B-503. Inspections.
1483 The department may inspect the records and facility of a medical cannabis pharmacy at any
1484 time in order to determine if the medical cannabis pharmacy complies with the licensing
1485 requirements of this part.
1486
1487 26-60B-504. Advertising.
1488 (1) Except as provided in Subsections (2) and (3), a medical cannabis pharmacy may not
1489 advertise in any medium.
1490 (2) A medical cannabis pharmacy may use signage on the outside of the medical
1491 cannabis pharmacy that includes only:
1492 (a) the medical cannabis pharmacy's name and hours of operation; and
1493 (b) a green cross.
1494 (3) A medical cannabis pharmacy may maintain a website that includes information
1495 about:
1496 (a) the location and hours of operation of the medical cannabis pharmacy;
1497 (b) the products and services available at the medical cannabis pharmacy;
1498 (c) personnel affiliated with the medical cannabis pharmacy;
1499 (d) best practices that the medical cannabis pharmacy upholds; and
1500 (e) educational materials related to the medical use of cannabis.
1501
1502 26-60B-505. Cannabis, cannabis product, or medical cannabis device
1503 transportation.

1504 (1) Except for an individual with a valid medical cannabis card, an individual may not
1505 transport cannabis, a cannabis product, or a medical cannabis device unless the
1506 individual is:
1507 (a) a registered cannabis production establishment agent; or
1508 (b) a registered medical cannabis pharmacy agent.
1509 (2) Except for an individual with a valid medical cannabis card, an individual transporting
1510 cannabis, a cannabis product, or a medical cannabis device shall possess a
1511 transportation manifest that:
1512 (a) includes a unique identifier that links the cannabis, cannabis product, or
1513 medical cannabis device to a relevant inventory control system;
1514 (b) includes origin and destination information for any cannabis, cannabis product,
1515 or medical cannabis device the individual is transporting; and
1516 (c) indicates the departure and arrival times and locations of the individual
1517 transporting the cannabis, cannabis product, or medical cannabis device.
1518 (3) In addition to the requirements in Subsections (1) and (2), the department may
1519 establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
1520 Rulemaking Act, requirements for transporting cannabis, a cannabis product, and a
1521 medical cannabis device that are related to safety for human consumption of cannabis
1522 or a cannabis product.
1523 (4) An individual who transports cannabis, a cannabis product, or a medical cannabis
1524 device with a manifest that does not meet the requirements of Subsection (2) is:
1526 (b) subject to a $100 fine.
1527
1528 26-60B-506. Local control.
1529 (1) A municipality or county may not:
1530 (a) enact a zoning ordinance that prohibits a medical cannabis pharmacy from
1531 operating in a location within the municipality's or county's jurisdiction in which
1532 at least one of the following is allowed to operate:
1533 (i) a business that sells alcohol; or
1534 (ii) a retail tobacco specialty business, as that term is defined in Section
1535 10-8-41.6 or 17-50-333; or

1536 (b) deny or revoke a permit or license to operate a medical cannabis pharmacy on
1537 the sole basis that the applicant or medical cannabis pharmacy violates a law of
1538 the United States regarding the legal status of cannabis.
1539 (2) A municipality or county may enact ordinances not in conflict with this chapter
1540 governing the time, place, and manner of medical cannabis pharmacy operations in
1541 the municipality or county.
1542
1543 Part 6. Enforcement
1544 26-60B-601. Enforcement -- Misdemeanor.
1545 (1) Except as provided in Section 26-60B-501, it is unlawful to sell or otherwise give
1546 cannabis, a cannabis product, a medical cannabis device, or educational materials
1547 related to the medical use of cannabis to another person.
1548 (2) (a) Except as provided in Subsection (2)(b), a person who violates Subsection (1)
1549 is guilty of a class B misdemeanor.
1550 (b) An individual is not guilty under Subsection (2)(a) if the individual:
1551 (i) is a designated caregiver; and
1552 (ii) gives the product described in Subsection (1) to the medical cannabis
1553 cardholder who designated the individual as a designated caregiver.
1554 (3) (a) Except as provided in Subsection (3)(b), a person who violates Subsection (1)
1555 is guilty of a class A misdemeanor if the recipient is a minor.
1556 (b) An individual is not guilty under Subsection (3)(a) if the individual:
1557 (i) is the parent or legal guardian of the minor recipient; and
1558 (ii) the minor is a medical cannabis cardholder.
1559
1560 26-60B-602. Enforcement -- Fine -- Citation.
1561 (1) The department may, for a violation of this chapter by a person who is a medical
1562 cannabis pharmacy or medical cannabis pharmacy agent:
1563 (a) revoke the person's license or medical cannabis pharmacy agent registration
1564 card;
1565 (b) refuse to renew the person's license or medical cannabis pharmacy agent
1566 registration card; or
1567 (c) assess the person an administrative penalty.

1568 (2) The department shall deposit an administrative penalty imposed under this section in
1569 the General Fund.
1570 (3) The department may, for a person subject to an uncontested citation, a stipulated
1571 settlement, or a finding of a violation in an adjudicative proceeding under this section:
1572 (a) assess the person a fine, established in accordance with Section 63J-1-504, of
1573 up to $5,000 per violation, in accordance with a fine schedule established by
1574 rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1575 Rulemaking Act; or
1576 (b) order the person to cease and desist from the action that creates a violation.
1577 (4) The department may not revoke a medical cannabis pharmacy's license without first
1578 directing the medical cannabis pharmacy to appear before an adjudicative proceeding
1579 conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1580 (5) If, within 20 calendar days after the day on which the department issues a citation for
1581 a violation of this chapter, the person that is the subject of the citation fails to request
1582 a hearing to contest the citation, the citation becomes the department's final order.
1583 (6) The department may, for a person who fails to comply with a citation under this
1584 section:
1585 (a) refuse to issue or renew the person's license or medical cannabis pharmacy
1586 agent registration card; or
1587 (b) suspend, revoke, or place on probation the person's license or medical
1588 cannabis pharmacy agent registration card.
1589 (7) If the department makes a final determination under this section that an individual
1590 violated a provision of this chapter, the individual is guilty of an infraction.
1591
1592 26-60B-603. Report.
1593 (1) The department shall report annually to the Health and Human Services Interim
1594 Committee on:
1595 (a) the number of applications and renewal applications filed for medical cannabis
1596 cards;
1597 (b) the number of qualifying patients and designated caregivers;
1598 (c) the nature of the debilitating medical conditions of the qualifying patients;
1599 (d) the age and county of residence of cardholders;

1600 (e) the number of medical cannabis cards revoked;
1601 (f) the number of practitioners providing recommendations for qualifying patients;
1602 (g) the number of license applications and renewal license applications received;
1603 (h) the number of licenses the department has issued in each county;
1604 (i) the number of licenses the department has revoked; and
1605 (j) the expenses incurred and revenues generated from the medical cannabis
1606 program.
1607 (2) The department may not include personally identifying information in the report
1608 described in this section.
1609
1610 30-3-10. Custody of children in case of separation or divorce -- Custody
1611 consideration.
1612 (1) If a married couple having one or more minor children are separated, or their marriage
1613 is declared void or dissolved, the court shall make an order for the future care and
1614 custody of the minor children as it considers appropriate.
1615 (a) In determining any form of custody, including a change in custody, the court
1616 shall consider the best interests of the child without preference for either parent
1617 solely because of the biological sex of the parent and, among other factors the
1618 court finds relevant, the following:
1619 (i) in accordance with Subsection (7), the past conduct and demonstrated
1620 moral standards of each of the parties;
1621 (ii) which parent is most likely to act in the best interest of the child,
1622 including allowing the child frequent and continuing contact with the
1623 noncustodial parent;
1624 (iii) the extent of bonding between the parent and child, meaning the depth,
1625 quality, and nature of the relationship between a parent and child;
1626 (iv) whether the parent has intentionally exposed the child to pornography or
1627 material harmful to a minor, as defined in Section 76-10-1201; and
1628 (v) those factors outlined in Section 30-3-10.2.
1629 (b) There is a rebuttable presumption that joint legal custody, as defined in Section
1630 30-3-10.1, is in the best interest of the child, except in cases where there is:
1631 (i) domestic violence in the home or in the presence of the child;

1632 (ii) special physical or mental needs of a parent or child, making joint legal
1633 custody unreasonable;
1634 (iii) physical distance between the residences of the parents, making joint
1635 decision making impractical in certain circumstances; or
1636 (iv) any other factor the court considers relevant including those listed in this
1637 section and Section 30-3-10.2.
1638 (c) (i) The person who desires joint legal custody shall file a proposed
1639 parenting plan in accordance with Sections 30-3-10.8 and 30-3-10.9.
1640 (ii) A presumption for joint legal custody may be rebutted by a showing by a
1641 preponderance of the evidence that it is not in the best interest of the
1642 child.
1643 (d) A child may not be required by either party to testify unless the trier of fact
1644 determines that extenuating circumstances exist that would necessitate the
1645 testimony of the child be heard and there is no other reasonable method to
1646 present the child's testimony.
1647 (e) (i) The court may inquire of a child and take into consideration the child's
1648 desires regarding future custody or parent-time schedules, but the
1649 expressed desires are not controlling and the court may determine the
1650 child's custody or parent-time otherwise.
1651 (ii) The desires of a child 14 years of age or older shall be given added
1652 weight, but is not the single controlling factor.
1653 (f) (i) If an interview with a child is conducted by the court pursuant to
1654 Subsection (1)(e), the interview shall be conducted by the judge in
1655 camera.
1656 (ii) The prior consent of the parties may be obtained but is not necessary if
1657 the court finds that an interview with a child is the only method to
1658 ascertain the child's desires regarding custody.
1659 (2) In awarding custody, the court shall consider, among other factors the court finds
1660 relevant, which parent is most likely to act in the best interests of the child, including
1661 allowing the child frequent and continuing contact with the noncustodial parent as the
1662 court finds appropriate.
1663 (3) If the court finds that one parent does not desire custody of the child, the court shall

1664 take that evidence into consideration in determining whether to award custody to the
1665 other parent.
1666 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
1667 parent due to a disability, as defined in Section 57-21-2, in awarding custody or
1668 determining whether a substantial change has occurred for the purpose of
1669 modifying an award of custody.
1670 (b) The court may not consider the disability of a parent as a factor in awarding
1671 custody or modifying an award of custody based on a determination of a
1672 substantial change in circumstances, unless the court makes specific findings
1673 that:
1674 (i) the disability significantly or substantially inhibits the parent's ability to
1675 provide for the physical and emotional needs of the child at issue; and
1676 (ii) the parent with a disability lacks sufficient human, monetary, or other
1677 resources available to supplement the parent's ability to provide for the
1678 physical and emotional needs of the child at issue.
1679 (c) Nothing in this section may be construed to apply to adoption proceedings
1680 under Title 78B, Chapter 6, Part 1, Utah Adoption Act.
1681 (5) This section establishes neither a preference nor a presumption for or against joint
1682 physical custody or sole physical custody, but allows the court and the family the
1683 widest discretion to choose a parenting plan that is in the best interest of the child.
1684 (6) When an issue before the court involves custodial responsibility in the event of a
1685 deployment of one or both parents who are servicemembers, and the servicemember
1686 has not yet been notified of deployment, the court shall resolve the issue based on the
1687 standards in Sections 78B-20-306 through 78B-20-309.
1688 (7) In considering the past conduct and demonstrated moral standards of each of the
1689 parties under Subsection (1)(a)(i) or any other factor a court finds relevant, the court
1690 may not discriminate against a parent because of or otherwise consider the parent's:
1691 (a) lawful possession or use of cannabis, a cannabis product, or a medical
1692 cannabis device, in accordance with Title 26, Chapter 60b, Medical Cannabis
1693 Act; or
1694 (b) the parent's status as a:
1695 (i) cannabis production establishment agent, as that term is defined in

1696 Section 4-41b-102;
1697 (ii) medical cannabis pharmacy agent, as that term is defined in Section
1698 26-60b-102; or
1699 (iii) a holder of a medical cannabis card in accordance with Title 26, Chapter
1700 60b, Medical Cannabis Act.
1701
1702 34A-5-106. Discriminatory or prohibited employment practices -- Permitted
1703 practices.
1704 (1) It is a discriminatory or prohibited employment practice to take an action described in
1705 Subsections (1)(a) through (g).
1706 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or
1707 terminate a person, or to retaliate against, harass, or discriminate in
1708 matters of compensation or in terms, privileges, and conditions of
1709 employment against a person otherwise qualified, because of:
1710 (A) race;
1711 (B) color;
1712 (C) sex;
1713 (D) pregnancy, childbirth, or pregnancy-related conditions;
1714 (E) age, if the individual is 40 years of age or older;
1715 (F) religion;
1716 (G) national origin;
1717 (H) disability;
1718 (I) sexual orientation; [or]
1719 (J) gender identity[.] ; or
1720 (K) lawful possession or consumption of cannabis or a cannabis
1721 product in accordance with Title 26, Chapter 60B, Medical
1722 Cannabis Act.
1723 (ii) A person may not be considered "otherwise qualified," unless that
1724 person possesses the following required by an employer for any
1725 particular job, job classification, or position:
1726 (A) education;
1727 (B) training;

1728 (C) ability, with or without reasonable accommodation;
1729 (D) moral character;
1730 (E) integrity;
1731 (F) disposition to work;
1732 (G) adherence to reasonable rules and regulations; and
1733 (H) other job related qualifications required by an employer.
1734 (iii) (A) As used in this chapter, "to discriminate in matters of
1735 compensation" means the payment of differing wages or salaries
1736 to employees having substantially equal experience,
1737 responsibilities, and skill for the particular job.
1738 (B) Notwithstanding Subsection (1)(a)(iii)(A)[: (I)] , nothing in this
1739 chapter prevents an increase in pay as a result of longevity with
1740 the employer, if the salary increase is uniformly applied and
1741 available to all employees on a substantially proportional basis[;
1742 and] .
1743 [(II)] (C) Notwithstanding Subsection (1)(a)(iii)(A), nothing in this
1744 section prohibits an employer and employee from agreeing
1745 to a rate of pay or work schedule designed to protect the
1746 employee from loss of Social Security payment or benefits
1747 if the employee is eligible for those payments.
1748 (b) An employment agency may not:
1749 (i) refuse to list and properly classify for employment, or refuse to refer an
1750 individual for employment, in a known available job for which the
1751 individual is otherwise qualified, because of:
1752 (A) race;
1753 (B) color;
1754 (C) sex;
1756 (E) religion;
1757 (F) national origin;
1758 (G) age, if the individual is 40 years of age or older;

1761 (J) gender identity; or
1764 Cannabis Act; or
1765 (ii) comply with a request from an employer for referral of an applicant for
1766 employment if the request indicates either directly or indirectly that the
1767 employer discriminates in employment on account of:
1768 (A) race;
1769 (B) color;
1770 (C) sex;
1772 (E) religion;
1780 Cannabis Act.
1781 (c) (i) A labor organization may not for a reason listed in Subsection (1)(c)(ii):
1782 (A) exclude an individual otherwise qualified from full membership
1783 rights in the labor organization;
1784 (B) expel the individual from membership in the labor organization; or
1785 (C) otherwise discriminate against or harass a member of the labor
1786 organization in full employment of work opportunity, or
1787 representation.
1788 (ii) A labor organization may not take an action listed in this Subsection
1789 (1)(c) because of:
1790 (A) race;
1791 (B) sex;

1792 (C) pregnancy, childbirth, or pregnancy-related conditions;
1793 (D) religion;
1794 (E) national origin;
1795 (F) age, if the individual is 40 years of age or older;
1796 (G) disability;
1797 (H) sexual orientation; [or]
1798 (I) gender identity[.] ; or
1799 (J) lawful possession or consumption of cannabis or a cannabis
1801 Cannabis Act.
1802 (d) (i) Unless based upon a bona fide occupational qualification, or required by
1803 and given to an agency of government for a security reason, an
1804 employer, employment agency, or labor organization may not do the
1805 following if the statement, advertisement, publication, form, or inquiry
1806 violates Subsection (1)(d)(ii):
1807 (A) print, circulate, or cause to be printed or circulated a statement,
1808 advertisement, or publication;
1809 (B) use a form of application for employment or membership; or
1810 (C) make any inquiry in connection with prospective employment or
1811 membership.
1812 (ii) This Subsection (1)(d) applies to a statement, advertisement,
1813 publication, form, or inquiry that directly expresses a limitation,
1814 specification, or discrimination as to:
1815 (A) race;
1816 (B) color;
1817 (C) religion;
1818 (D) sex;
1819 (E) pregnancy, childbirth, or pregnancy-related conditions;

1827 Cannabis Act.
1828 (e) A person, whether or not an employer, an employment agency, a labor
1829 organization, or an employee or member of an employer, employment agency,
1830 or labor organization, may not:
1831 (i) aid, incite, compel, or coerce the doing of an act defined in this section
1832 to be a discriminatory or prohibited employment practice;
1833 (ii) obstruct or prevent a person from complying with this chapter, or any
1834 order issued under this chapter; or
1835 (iii) attempt, either directly or indirectly, to commit an act prohibited in this
1836 section.
1837 (f) (i) An employer, labor organization, joint apprenticeship committee, or
1838 vocational school providing, coordinating, or controlling an
1839 apprenticeship program or providing, coordinating, or controlling an
1840 on-the-job-training program, instruction, training, or retraining program
1841 may not:
1842 (A) deny to, or withhold from, any qualified person the right to be
1843 admitted to or participate in an apprenticeship training program,
1844 on-the-job-training program, or other occupational instruction,
1845 training, or retraining program because of[: (I)] race[; (II)] , color[;
1846 (III)] , sex[; (IV)] , pregnancy, childbirth, [or] pregnancy-related
1847 conditions[; (V)] , religion[; (VI)] , national origin[; (VII)] , age, if
1848 the individual is 40 years of age or older[; (VIII)] , disability[; (IX)]
1849 , sexual orientation [; or (X)] , gender identity[;] , or lawful
1850 possession or consumption of cannabis or a cannabis product in
1851 accordance with Title 26, Chapter 60B, Medical Cannabis Act;
1852 (B) discriminate against or harass a qualified person in that person's
1853 pursuit of a program described in Subsection (1)(f)(i)(A) because
1854 of[: (I)] race[; (II)] , color[; (III)] , sex[; (IV)] , pregnancy,
1855 childbirth, [or] pregnancy-related conditions[; (V)] , religion[; (VI)]

1856 , national origin[; (VII)] , age, if the individual is 40 years of age
1857 or older[; (VIII)] , disability[; (IX)] , sexual orientation; [; or (X)]
1858 gender identity[;] , or lawful possession or consumption of
1859 cannabis or a cannabis product in accordance with Title 26,
1860 Chapter 60B, Medical Cannabis Act;
1861 (C) discriminate against a qualified person in the terms, conditions, or
1862 privileges of a program described in Subsection (1)(f)(i)(A),
1863 because of[: (I)] race[; (II)] , color[; (III)] , sex[; (IV)] ,
1864 pregnancy, childbirth, [or] pregnancy-related conditions[; (V)] ,
1865 religion[; (VI)] , national [origin; (VII)] , age, if the individual is 40
1866 years of age or older[; (VIII)] , disability[; (IX)] , sexual
1867 orientation[; or (X)] gender identity[;] , or lawful possession or
1868 consumption of cannabis or a cannabis product in accordance
1869 with Title 26, Chapter 60B, Medical Cannabis Act; or
1870 (D) except as provided in Subsection (1)(f)(ii), print, publish, or cause
1871 to be printed or published, a notice or advertisement relating to
1872 employment by the employer, or membership in or a classification
1873 or referral for employment by a labor organization, or relating to a
1874 classification or referral for employment by an employment
1875 agency, indicating a preference, limitation, specification, or
1876 discrimination based on[: (I)] race[; (II)] , color[; (III)] , sex[; (IV)]
1877 , pregnancy, childbirth, or pregnancy-related conditions[; (V)] ,
1878 religion[; (VI)] , national origin[; (VII)] , age, if the individual is 40
1879 years of age or older[; (VIII)] , disability[; (IX)] , sexual
1880 orientation[; or (X)] gender identity[.] ; or lawful possession or
1881 consumption of cannabis or a cannabis product in accordance
1882 with Title 26, Chapter 60B, Medical Cannabis Act.
1883 (ii) Notwithstanding Subsection (1)(f)(i)(D), if the following is a bona fide
1884 occupational qualification for employment, a notice or advertisement
1885 described in Subsection (1)(f)(i)(D) may indicate a preference, limitation,
1886 specification, or discrimination based on:
1887 (A) race;

1888 (B) color;
1889 (C) religion;
1890 (D) sex;
1891 (E) pregnancy, childbirth, or pregnancy-related conditions;
1892 (F) age;
1893 (G) national origin;
1899 Cannabis Act.
1900 (g) Subject to Subsection (7), an employer may not:
1901 (i) refuse to provide reasonable accommodations for an employee related
1902 to pregnancy, childbirth, breastfeeding, or related conditions:
1903 (A) if the employee requests a reasonable accommodation; and
1904 (B) unless the employer demonstrates that the accommodation would
1905 create an undue hardship on the operations of the employer;
1906 (ii) require an employee to terminate employment if another reasonable
1907 accommodation can be provided for the employee's pregnancy,
1908 childbirth, breastfeeding, or related conditions unless the employer
1909 demonstrates that the accommodation would create an undue hardship
1910 on the operations of the employer; or
1911 (iii) deny employment opportunities to an employee, if the denial is based on
1912 the need of the employer to make reasonable accommodations related
1913 to the pregnancy, childbirth, breastfeeding, or related conditions of an
1914 employee unless the employer demonstrates that the accommodation
1915 would create an undue hardship on the operations of the employer.
1916 (2) Subsections (1)(a) through (1)(g) may not be construed to prevent:
1917 (a) the termination of employment of an individual who, with or without reasonable
1918 accommodation, is physically, mentally, or emotionally unable to perform the
1919 duties required by that individual's employment;

1920 (b) the variance of insurance premiums or coverage on account of age; or
1921 (c) a restriction on the activities of a person licensed in accordance with Title 32B,
1922 Alcoholic Beverage Control Act, with respect to an individual who is under 21
1923 years of age.
1924 (3) (a) It is not a discriminatory or prohibited employment practice:
1925 (i) for an employer to hire and employ an employee, for an employment
1926 agency to classify or refer for employment an individual, for a labor
1927 organization to classify its membership or to classify or refer for
1928 employment an individual, or for an employer, labor organization, or joint
1929 labor-management committee controlling an apprenticeship or other
1930 training or retraining program to admit or employ an individual in the
1931 program on the basis of religion, sex, pregnancy, childbirth, or
1932 pregnancy-related conditions, age, national origin, disability, sexual
1933 orientation, [or] gender identity, or lawful possession or consumption of
1934 cannabis or a cannabis in accordance with Title 26, Chapter 60B,
1935 Medical Cannabis Act, in those certain instances when religion, sex,
1936 pregnancy, childbirth, or pregnancy-related conditions, age, if the
1937 individual is 40 years of age or older, national origin, disability, sexual
1938 orientation, [or] gender identity , or lawful possession or consumption of
1939 cannabis a cannabis product in accordance with Title 26, Chapter 60B,
1940 Medical Cannabis Act, is a bona fide occupational qualification
1941 reasonably necessary to the normal operation of that particular business
1942 or enterprise;
1943 (ii) for a school, college, university, or other educational institution to hire
1944 and employ an employee of a particular religion if:
1945 (A) the school, college, university, or other educational institution is, in
1946 whole or in substantial part, owned, supported, controlled, or
1947 managed by a particular religious corporation, association, or
1948 society; or
1949 (B) the curriculum of the school, college, university, or other
1950 educational institution is directed toward the propagation of a
1951 particular religion;

1952 (iii) for an employer to give preference in employment to:
1953 (A) the employer's[: (I)] spouse[; (II)] , child[;] , or [(III)] son-in-law or
1954 daughter-in-law;
1955 (B) a person for whom the employer is or would be liable to furnish
1956 financial support if the person were unemployed;
1957 (C) a person to whom the employer during the preceding six months
1958 furnishes more than one-half of total financial support regardless
1959 of whether or not the employer was or is legally obligated to
1960 furnish support; or
1961 (D) a person whose education or training is substantially financed by
1962 the employer for a period of two years or more.
1963 (b) Nothing in this chapter applies to a business or enterprise on or near an Indian
1964 reservation with respect to a publicly announced employment practice of the
1965 business or enterprise under which preferential treatment is given to an
1966 individual because that individual is a native American Indian living on or near
1967 an Indian reservation.
1968 (c) Nothing in this chapter may be interpreted to require an employer, employment
1969 agency, labor organization, vocational school, joint labor-management
1970 committee, or apprenticeship program subject to this chapter to grant
1971 preferential treatment to an individual or to a group because of the race, color,
1972 religion, sex, age, national origin, disability, sexual orientation, [or] gender
1973 identity , or lawful possession or consumption of cannabis a cannabis product
1974 in accordance with Title 26, Chapter 60B, Medical Cannabis Act, of the
1975 individual or group on account of an imbalance that may exist with respect to
1976 the total number or percentage of persons of a race, color, religion, sex, age,
1977 national origin, disability, sexual orientation, [or] gender identity , or lawful
1978 possession or consumption of cannabis a cannabis product in accordance with
1979 Title 26, Chapter 60B, Medical Cannabis Act, employed by an employer,
1980 referred or classified for employment by an employment agency or labor
1981 organization, admitted to membership or classified by a labor organization, or
1982 admitted to or employed in, any apprenticeship or other training program, in
1983 comparison with the total number or percentage of persons of that race, color,

1984 religion, sex, age, national origin, disability, sexual orientation, [or] gender
1985 identity , or lawful possession or consumption of cannabis a cannabis product
1986 in accordance with Title 26, Chapter 60B, Medical Cannabis Act, in any
1987 community or county or in the available work force in any community or county.
1988 (4) It is not a discriminatory or prohibited practice with respect to age to observe the terms
1989 of a bona fide seniority system or any bona fide employment benefit plan such as a
1990 retirement, pension, or insurance plan that is not a subterfuge to evade the purposes
1991 of this chapter, except that an employee benefit plan may not excuse the failure to hire
1992 an individual.
1993 (5) Notwithstanding Subsection (4), or another statute to the contrary, a person may not
1994 be subject to involuntary termination or retirement from employment on the basis of
1995 age alone, if the individual is 40 years of age or older, except:
1996 (a) under Subsection (6); and
1997 (b) when age is a bona fide occupational qualification.
1998 (6) Nothing in this section prohibits compulsory retirement of an employee who has
1999 attained at least 65 years of age, and who, for the two-year period immediately before
2000 retirement, is employed in a bona fide executive or a high policymaking position, if:
2001 (a) that employee is entitled to an immediate nonforfeitable annual retirement
2002 benefit from the employee's employer's pension, profit-sharing, savings, or
2003 deferred compensation plan, or any combination of those plans; and
2004 (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least
2005 $44,000.
2006 (7) (a) For purposes of Subsection (1)(g), an employer may require an employee to
2007 provide a certification from the employee's health care provider concerning the
2008 medical advisability of a reasonable accommodation.
2009 (b) A certification under Subsection (7)(a) shall include:
2010 (i) the date the reasonable accommodation becomes medically advisable;
2011 (ii) the probable duration of the reasonable accommodation; and
2012 (iii) an explanatory statement as to the medical advisability of the reasonable
2013 accommodation.
2014 (c) Notwithstanding Subsections (1)(g) and (7)(a), an employer may not require an
2015 employee to obtain a certification from the employee's health care provider for

2016 more frequent restroom, food, or water breaks.
2017 (d) An employer is not required under Subsection (1)(g) or this Subsection (7) to
2018 permit an employee to have the employee's child at the workplace for purposes
2019 of accommodating pregnancy, childbirth, breastfeeding, or related conditions.
2020 (e) An employer shall include in an employee handbook, or post in a conspicuous
2021 place in the employer's place of business, written notice concerning an
2022 employee's rights to reasonable accommodations for pregnancy, childbirth,
2023 breastfeeding, or related conditions.
2024
2025 34A-5-107. Procedure for aggrieved person to file claim -- Investigations --
2026 Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.
2027 (1) (a) A person claiming to be aggrieved by a discriminatory or prohibited employment
2028 practice may, or that person's attorney or agent may, make, sign, and file with
2029 the division a request for agency action.
2030 (b) A request for agency action shall be verified under oath or affirmation.
2031 (c) A request for agency action made under this section shall be filed within 180
2032 days after the alleged discriminatory or prohibited employment practice occurs.
2033 (d) The division may transfer a request for agency action filed with the division
2034 pursuant to this section to the federal Equal Employment Opportunity
2035 Commission in accordance with a work-share agreement that is:
2036 (i) between the division and the Equal Employment Opportunity
2037 Commission; and
2038 (ii) in effect on the day on which the request for agency action is transferred.
2039 (2) An employer, labor organization, joint apprenticeship committee, or vocational school
2040 who has an employee or member who refuses or threatens to refuse to comply with
2041 this chapter may file with the division a request for agency action asking the division
2042 for assistance to obtain the employee's or member's compliance by conciliation or
2043 other remedial action.
2044 (3) (a) Before an investigation begins into allegations of discriminatory or prohibited
2045 employment practice, the division shall promptly assign a mediator to offer
2046 mediation services between the parties by conference.
2047 (b) (i) If mediation services are refused or no settlement is reached, the

2048 division shall promptly assign an investigator.
2049 (ii) The investigator shall make a prompt impartial investigation of all
2050 allegations made in the request for agency action.
2051 (c) The division and the division's staff, agents, and employees shall conduct every
2052 investigation in fairness to all parties and agencies involved.
2053 (d) An aggrieved party may withdraw the request for agency action prior to the
2054 issuance of a final order.
2055 (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator
2056 uncovers insufficient evidence during the investigation to support the
2057 allegations of a discriminatory or prohibited employment practice set out in the
2058 request for agency action, the investigator shall formally report these findings to
2059 the director or the director's designee.
2060 (b) (i) Upon receipt of the investigator's report described in Subsection (4)(a),
2061 the director or the director's designee may issue a determination and
2062 order for dismissal of the adjudicative proceeding.
2063 (ii) A determination and order issued under this Subsection (4)(b) shall
2064 include a notice:
2065 (A) of the right to request an evidentiary hearing under Subsection
2066 (4)(c); and
2067 (B) that failure to request an evidentiary hearing under Subsection
2068 (4)(c) will result in the determination and order becoming final, in
2069 accordance with Subsection (4)(d).
2070 (c) A party may make a written request to the Division of Adjudication for an
2071 evidentiary hearing to review de novo the director's or the director's designee's
2072 determination and order within 30 days from the day on which the
2073 determination and order for dismissal is issued.
2074 (d) If the director or the director's designee receives no timely request for a
2075 hearing, the determination and order issued by the director or the director's
2076 designee becomes the final order of the commission.
2077 (5) (a) If the initial attempts at settlement are unsuccessful and the investigator
2078 uncovers sufficient evidence during the investigation to support the allegations
2079 of a discriminatory or prohibited employment practice set out in the request for

2080 agency action, the investigator shall formally report these findings to the
2081 director or the director's designee.
2082 (b) (i) Upon receipt of the investigator's report described in Subsection (5)(a),
2083 the director or the director's designee may issue a determination and
2084 order based on the investigator's report.
2085 (ii) A determination and order issued under this Subsection (5)(b) shall:
2086 (A) direct the respondent to cease any discriminatory or prohibited
2087 employment practice;
2088 (B) provide relief to the aggrieved party as the director or the
2089 director's designee determines is appropriate;
2090 (C) include a notice of the right to request an evidentiary hearing
2091 under Subsection (5)(c); and
2092 (D) include a notice that failure to request an evidentiary hearing
2093 under Subsection (5)(c) will result in the determination and order
2094 becoming final, in accordance with Subsection (5)(d).
2095 (c) A party may file a written request to the Division of Adjudication for an
2096 evidentiary hearing to review de novo the director's or the director's designee's
2097 determination and order within 30 days after the day on which the
2098 determination and order is issued.
2099 (d) If the director or the director's designee receives no timely request for a
2100 hearing, the determination and order issued by the director or the director's
2101 designee in accordance with Subsection (5)(b) becomes the final order of the
2102 commission.
2103 (6) In an adjudicative proceeding to review the director's or the director's designee's
2104 determination that a prohibited employment practice has occurred, the division shall
2105 present the factual and legal basis of the determination and order issued under
2106 Subsection (5).
2107 (7) (a) If, upon reviewing all the evidence at a hearing, the presiding officer finds that a
2108 respondent has not engaged in a discriminatory or prohibited employment
2109 practice, the presiding officer shall issue an order dismissing the request for
2110 agency action containing the allegation of a discriminatory or prohibited
2111 employment practice.

2112 (b) The presiding officer may order that the respondent be reimbursed by the
2113 complaining party for the respondent's attorney fees and costs.
2114 (8) If, upon reviewing all the evidence at the hearing, the presiding officer finds that a
2115 respondent has engaged in a discriminatory or prohibited employment practice, the
2116 presiding officer shall issue an order requiring the respondent to:
2117 (a) cease any discriminatory or prohibited employment practice;
2118 (b) provide relief to the complaining party, including:
2119 (i) reinstatement;
2120 (ii) back pay and benefits;
2121 (iii) attorney fees; and
2122 (iv) costs.
2123 (9) If a discriminatory practice described in Subsection (8) includes discrimination in
2124 matters of compensation, the presiding officer may provide, to the complaining party,
2125 in addition to the amount available to the complaining party under Subsection (8)(b),
2126 an additional amount equal to the amount of back pay available to the complaining
2127 party under Subsection (8)(b)(ii) unless a respondent shows that:
2128 (a) the act or omission that gave rise to the order was in good faith; and
2129 (b) the respondent had reasonable grounds to believe that the act or omission was
2130 not discrimination in matters of compensation under this chapter.
2131 (10) Conciliation between the parties is to be urged and facilitated at all stages of the
2132 adjudicative process.
2133 (11) (a) Either party may file with the Division of Adjudication a written request for
2134 review before the commissioner or Appeals Board of the order issued by the
2135 presiding officer in accordance with:
2136 (i) Section 63G-4-301; and
2137 (ii) Chapter 1, Part 3, Adjudicative Proceedings.
2138 (b) If there is no timely request for review, the order issued by the presiding officer
2139 becomes the final order of the commission.
2140 (12) An order of the commission under Subsection (11)(a) is subject to judicial review as
2141 provided in:
2142 (a) Section 63G-4-403; and
2143 (b) Chapter 1, Part 3, Adjudicative Proceedings.

2144 (13) The commission may make rules concerning procedures under this chapter in
2145 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2146 (14) The commission and its staff may not divulge or make public information gained from
2147 an investigation, settlement negotiation, or proceeding before the commission except
2148 as provided in Subsections (14)(a) through (d).
2149 (a) Information used by the director or the director's designee in making a
2150 determination may be provided to all interested parties for the purpose of
2151 preparation for and participation in proceedings before the commission.
2152 (b) General statistical information may be disclosed provided the identities of the
2153 individuals or parties are not disclosed.
2154 (c) Information may be disclosed for inspection by the attorney general or other
2155 legal representatives of the state or the commission.
2156 (d) Information may be disclosed for information and reporting requirements of the
2157 federal government.
2158 (15) The procedures contained in this section are the exclusive remedy under state law for
2159 employment discrimination based upon:
2160 (a) race;
2161 (b) color;
2162 (c) sex;
2163 (d) retaliation;
2164 (e) pregnancy, childbirth, or pregnancy-related conditions;
2165 (f) age;
2166 (g) religion;
2167 (h) national origin;
2168 (i) disability;
2169 (j) sexual orientation; [or]
2170 (k) gender identity[.] ; or
2171 (l) lawful possession or consumption of cannabis or a cannabis product in
2172 accordance with Title 26, Chapter 60B, Medical Cannabis Act,
2173 (16) (a) The commencement of an action under federal law for relief based upon an act
2174 prohibited by this chapter bars the commencement or continuation of an
2175 adjudicative proceeding before the commission in connection with the same

2176 claim under this chapter.
2177 (b) The transfer of a request for agency action to the Equal Employment
2178 Opportunity Commission in accordance with Subsection (1)(d) is considered the
2179 commencement of an action under federal law for purposes of Subsection
2180 (16)(a).
2181 (c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair
2182 the exclusive remedy provision set forth in Subsection (15).
2183
2184 41-6a-517 (Superseded 07/01/19). Definitions -- Driving with any measurable
2185 controlled substance in the body -- Penalties -- Arrest without warrant.
2186 (1) As used in this section:
2187 (a) "Controlled substance" means the same as that term is defined in Section
2188 58-37-2.
2189 (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
2190 (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
2191 (d) "Prescription" means the same as that term is defined in Section 58-37-2.
2192 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not operate
2193 or be in actual physical control of a motor vehicle within this state if the person has
2194 any measurable controlled substance or metabolite of a controlled substance in the
2195 person's body.
2196 (3) It is an affirmative defense to prosecution under this section that the controlled
2197 substance was:
2198 (a) involuntarily ingested by the accused;
2199 (b) prescribed by a practitioner for use by the accused; [or]
2200 (c) medical cannabis or a cannabis product that the accused ingested in
2201 accordance with Title 26, Chapter 60b, Medical Cannabis Act; or
2202 [(c)] (d) otherwise legally ingested.
2203 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
2204 misdemeanor.
2205 (b) A person who violates this section is subject to conviction and sentencing under
2206 both this section and any applicable offense under Section 58-37-8.
2207 (5) A peace officer may, without a warrant, arrest a person for a violation of this

2208 section when the officer has probable cause to believe the violation has
2209 occurred, although not in the officer's presence, and if the officer has probable
2210 cause to believe that the violation was committed by the person.
2211 (6) The Driver License Division shall, if the person is 21 years of age or older on
2212 the date of arrest:
2213 (a) suspend, for a period of 120 days, the driver license of a person convicted
2214 under Subsection (2) of an offense committed on or after July 1, 2009; or
2215 (b) revoke, for a period of two years, the driver license of a person if:
2216 (i) the person has a prior conviction as defined under Subsection
2217 41-6a-501(2); and
2218 (ii) the current violation under Subsection (2) is committed on or after July 1,
2219 2009, and within a period of 10 years after the date of the prior violation.
2220 (7) The Driver License Division shall, if the person is 19 years of age or older but under
2221 21 years of age on the date of arrest:
2222 (a) suspend, until the person is 21 years of age or for a period of one year,
2223 whichever is longer, the driver license of a person convicted under Subsection
2224 (2) of an offense committed on or after July 1, 2011; or
2225 (b) revoke, until the person is 21 years of age or for a period of two years,
2226 whichever is longer, the driver license of a person if:
2228 41-6a-501(2); and
2231 (8) The Driver License Division shall, if the person is under 19 years of age on the date of
2232 arrest:
2233 (a) suspend, until the person is 21 years of age, the driver license of a person
2234 convicted under Subsection (2) of an offense committed on or after July 1,
2235 2009; or
2236 (b) revoke, until the person is 21 years of age, the driver license of a person if:
2238 41-6a-501(2); and

2241 (9) The Driver License Division shall subtract from any suspension or revocation period
2242 the number of days for which a license was previously suspended under Section
2243 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence
2244 upon which the record of conviction is based.
2245 (10) The Driver License Division shall:
2246 (a) deny, suspend, or revoke a person's license for the denial and suspension
2247 periods in effect prior to July 1, 2009, for a conviction of a violation under
2248 Subsection (2) that was committed prior to July 1, 2009; or
2249 (b) deny, suspend, or revoke the operator's license of a person for the denial,
2250 suspension, or revocation periods in effect from July 1, 2009, through June 30,
2251 2011, if:
2252 (i) the person was 20 years of age or older but under 21 years of age at the
2253 time of arrest; and
2254 (ii) the conviction under Subsection (2) is for an offense that was committed
2255 on or after July 1, 2009, and prior to July 1, 2011.
2256 (11) A court that reported a conviction of a violation of this section for a violation that
2257 occurred on or after July 1, 2009, to the Driver License Division may shorten the
2258 suspension period imposed under Subsection (7)(a) or (8)(a) prior to completion of the
2259 suspension period if the person:
2260 (a) completes at least six months of the license suspension;
2261 (b) completes a screening;
2262 (c) completes an assessment, if it is found appropriate by a screening under
2263 Subsection (11)(b);
2264 (d) completes substance abuse treatment if it is found appropriate by the
2265 assessment under Subsection (11)(c);
2266 (e) completes an educational series if substance abuse treatment is not required
2267 by the assessment under Subsection (11)(c) or the court does not order
2268 substance abuse treatment;
2269 (f) has not been convicted of a violation of any motor vehicle law in which the
2270 person was involved as the operator of the vehicle during the suspension
2271 period imposed under Subsection (7)(a) or (8)(a);

2272 (g) has complied with all the terms of the person's probation or all orders of the
2273 court if not ordered to probation; and
2274 (h) (i) is 18 years of age or older and provides a sworn statement to the court
2275 that the person has not consumed a controlled substance not prescribed
2276 by a practitioner for use by the person or unlawfully consumed alcohol
2277 during the suspension period imposed under Subsection (7)(a) or (8)(a);
2278 or
2279 (ii) is under 18 years of age and has the person's parent or legal guardian
2280 provide an affidavit or other sworn statement to the court certifying that
2281 to the parent or legal guardian's knowledge the person has not
2282 consumed a controlled substance not prescribed by a practitioner for use
2283 by the person or unlawfully consumed alcohol during the suspension
2284 period imposed under Subsection (7)(a) or (8)(a).
2285 (12) If the court shortens a person's license suspension period in accordance with the
2286 requirements of Subsection (11), the court shall forward the order shortening the
2287 person's license suspension period prior to the completion of the suspension period
2288 imposed under Subsection (7)(a) or (8)(a) to the Driver License Division.
2289 (13) (a) The court shall notify the Driver License Division if a person fails to:
2290 (i) complete all court ordered screening and assessment, educational
2291 series, and substance abuse treatment; or
2292 (ii) pay all fines and fees, including fees for restitution and treatment costs.
2293 (b) Upon receiving the notification, the division shall suspend the person's driving
2294 privilege in accordance with Subsections 53-3-221(2) and (3).
2295 (14) The court:
2296 (a) shall order supervised probation in accordance with Section 41-6a-507 for a
2297 person convicted under Subsection (2); and
2298 (b) may order a person convicted under Subsection (2) to participate in a 24-7
2299 sobriety program as defined in Section 41-6a-515.5 if the person is 21 years of
2300 age or older.
2301 (15) (a) A court that reported a conviction of a violation of this section to the Driver
2302 License Division may shorten the suspension period imposed under Subsection
2303 (6) before completion of the suspension period if the person is participating in

2304 or has successfully completed a 24-7 sobriety program as defined in Section
2305 41-6a-515.5.
2306 (b) If the court shortens a person's license suspension period in accordance with
2307 the requirements of this Subsection (15), the court shall forward to the Driver
2308 License Division the order shortening the person's suspension period.
2309 (c) The court shall notify the Driver License Division if a person fails to complete all
2310 requirements of a 24-7 sobriety program.
2311 (d) Upon receiving the notification described in Subsection (15)(c), the division
2312 shall suspend the person's driving privilege in accordance with Subsections
2313 53-3-221(2) and (3).
2314
2315 41-6a-517 (Effective 07/01/19). Definitions -- Driving with any measurable
2316 controlled substance in the body -- Penalties -- Arrest without warrant.
2318 (a) "Controlled substance" means the same as that term is defined in Section
2319 58-37-2.
2320 (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
2321 (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
2322 (d) "Prescription" means the same as that term is defined in Section 58-37-2.
2323 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not operate
2324 or be in actual physical control of a motor vehicle within this state if the person has
2325 any measurable controlled substance or metabolite of a controlled substance in the
2326 person's body.
2327 (3) It is an affirmative defense to prosecution under this section that the controlled
2328 substance was:
2329 (a) involuntarily ingested by the accused;
2330 (b) prescribed by a practitioner for use by the accused or recommended by a
2331 physician for use by the accused; [or]
2332 (c) medical cannabis or a cannabis product that the accused ingested in
2333 accordance with Title 26, Chapter 60b, Medical Cannabis Act; or
2334 [(c)] (d) otherwise legally ingested.
2335 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B

2336 misdemeanor.
2337 (b) A person who violates this section is subject to conviction and sentencing under
2338 both this section and any applicable offense under Section 58-37-8.
2339 (5) A peace officer may, without a warrant, arrest a person for a violation of this section
2340 when the officer has probable cause to believe the violation has occurred, although
2341 not in the officer's presence, and if the officer has probable cause to believe that the
2342 violation was committed by the person.
2343 (6) The Driver License Division shall, if the person is 21 years of age or older on the date
2344 of arrest:
2345 (a) suspend, for a period of 120 days, the driver license of a person convicted
2346 under Subsection (2) of an offense committed on or after July 1, 2009; or
2347 (b) revoke, for a period of two years, the driver license of a person if:
2349 41-6a-501(2); and
2352 (7) The Driver License Division shall, if the person is 19 years of age or older but under
2353 21 years of age on the date of arrest:
2354 (a) suspend, until the person is 21 years of age or for a period of one year,
2355 whichever is longer, the driver license of a person convicted under Subsection
2356 (2) of an offense committed on or after July 1, 2011; or
2357 (b) revoke, until the person is 21 years of age or for a period of two years,
2358 whichever is longer, the driver license of a person if:
2360 41-6a-501(2); and
2363 (8) The Driver License Division shall, if the person is under 19 years of age on the date of
2364 arrest:
2365 (a) suspend, until the person is 21 years of age, the driver license of a person
2366 convicted under Subsection (2) of an offense committed on or after July 1,
2367 2009; or

2368 (b) revoke, until the person is 21 years of age, the driver license of a person if:
2370 41-6a-501(2); and
2373 (9) The Driver License Division shall subtract from any suspension or revocation period
2374 the number of days for which a license was previously suspended under Section
2375 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence
2376 upon which the record of conviction is based.
2377 (10) The Driver License Division shall:
2378 (a) deny, suspend, or revoke a person's license for the denial and suspension
2379 periods in effect prior to July 1, 2009, for a conviction of a violation under
2380 Subsection (2) that was committed prior to July 1, 2009; or
2381 (b) deny, suspend, or revoke the operator's license of a person for the denial,
2382 suspension, or revocation periods in effect from July 1, 2009, through June 30,
2383 2011, if:
2384 (i) the person was 20 years of age or older but under 21 years of age at the
2385 time of arrest; and
2386 (ii) the conviction under Subsection (2) is for an offense that was committed
2387 on or after July 1, 2009, and prior to July 1, 2011.
2388 (11) A court that reported a conviction of a violation of this section for a violation that
2389 occurred on or after July 1, 2009, to the Driver License Division may shorten the
2390 suspension period imposed under Subsection (7)(a) or (8)(a) prior to completion of the
2391 suspension period if the person:
2392 (a) completes at least six months of the license suspension;
2393 (b) completes a screening;
2394 (c) completes an assessment, if it is found appropriate by a screening under
2395 Subsection (11)(b);
2396 (d) completes substance abuse treatment if it is found appropriate by the
2397 assessment under Subsection (11)(c);
2398 (e) completes an educational series if substance abuse treatment is not required
2399 by the assessment under Subsection (11)(c) or the court does not order

2400 substance abuse treatment;
2401 (f) has not been convicted of a violation of any motor vehicle law in which the
2402 person was involved as the operator of the vehicle during the suspension
2403 period imposed under Subsection (7)(a) or (8)(a);
2404 (g) has complied with all the terms of the person's probation or all orders of the
2405 court if not ordered to probation; and
2406 (h) (i) is 18 years of age or older and provides a sworn statement to the court
2407 that the person has not consumed a controlled substance not prescribed
2408 by a practitioner for use by the person or unlawfully consumed alcohol
2409 during the suspension period imposed under Subsection (7)(a) or (8)(a);
2410 or
2411 (ii) is under 18 years of age and has the person's parent or legal guardian provide
2412 an affidavit or other sworn statement to the court certifying that to the parent or
2413 legal guardian's knowledge the person has not consumed a controlled
2414 substance not prescribed by a practitioner for use by the person or unlawfully
2415 consumed alcohol during the suspension period imposed under Subsection
2416 (7)(a) or (8)(a).
2417 (12) If the court shortens a person's license suspension period in accordance with
2418 the requirements of Subsection (11), the court shall forward the order
2419 shortening the person's license suspension period prior to the completion of the
2420 suspension period imposed under Subsection (7)(a) or (8)(a) to the Driver
2421 License Division.
2422 (13) (a) The court shall notify the Driver License Division if a person fails to:
2423 (i) complete all court ordered screening and assessment, educational
2424 series, and substance abuse treatment; or
2425 (ii) pay all fines and fees, including fees for restitution and treatment costs.
2426 (b) Upon receiving the notification, the division shall suspend the person's driving
2427 privilege in accordance with Subsections 53-3-221(2) and (3).
2428 (14) The court:
2429 (a) shall order supervised probation in accordance with Section 41-6a-507 for a
2430 person convicted under Subsection (2); and
2431 (b) may order a person convicted under Subsection (2) to participate in a 24-7

2432 sobriety program as defined in Section 41-6a-515.5 if the person is 21 years of
2433 age or older.
2434 (15) (a) A court that reported a conviction of a violation of this section to the Driver
2435 License Division may shorten the suspension period imposed under Subsection
2436 (6) before completion of the suspension period if the person is participating in
2437 or has successfully completed a 24-7 sobriety program as defined in Section
2438 41-6a-515.5.
2439 (b) If the court shortens a person's license suspension period in accordance with
2440 the requirements of this Subsection (15), the court shall forward to the Driver
2441 License Division the order shortening the person's suspension period.
2442 (c) The court shall notify the Driver License Division if a person fails to complete all
2443 requirements of a 24-7 sobriety program.
2444 (d) Upon receiving the notification described in Subsection (15)(c), the division
2445 shall suspend the person's driving privilege in accordance with Subsections
2446 53-3-221(2) and (3).
2447
2448 53-1-106.5. Medical Cannabis Act -- Department duties.
2449 In addition to the duties described in Section 53-1-106, the department shall:
2450 (1) provide standards for training peace officers and law enforcement agencies in the use
2451 of the electronic verification system; and
2452 (2) collaborate with the Department of Health and the Department of Agriculture and Food
2453 to provide standards for training peace officers and law enforcement agencies in
2454 medical cannabis law.
2455
2456 57-21-3. Exemptions -- Sale by private individuals -- Nonprofit organizations --
2457 Noncommercial transactions.
2458 (1) This chapter does not apply to a single-family dwelling unit sold or rented by its owner
2459 if:
2460 (a) the owner is not a partnership, association, corporation, or other business
2461 entity;
2462 (b) the owner does not own an interest in four or more single-family dwelling units
2463 held for sale or lease at the same time;

2464 (c) during a 24-month period, the owner does not sell two or more single-family
2465 dwelling units in which the owner was not residing or was not the most recent
2466 resident at the time of sale;
2467 (d) the owner does not retain or use the facilities or services of a real estate broker
2468 or salesperson; and
2469 (e) the owner does not use a discriminatory housing practice under Subsection
2470 57-21-5(2) in the sale or rental of the dwelling.
2471 (2) This chapter does not apply to a dwelling or a temporary or permanent residence
2472 facility if:
2473 (a) the discrimination is by sex, sexual orientation, gender identity, lawful
2474 possession or consumption of cannabis or a cannabis product in accordance
2475 with Title 26, Chapter 60b, Medical Cannabis Act, or familial status for reasons
2476 of personal modesty or privacy, or in the furtherance of a religious institution's
2477 free exercise of religious rights under the First Amendment of the United States
2478 Constitution or the Utah Constitution; and
2479 (b) the dwelling or the temporary or permanent residence facility is:
2480 (i) operated by a nonprofit or charitable organization;
2481 (ii) owned by, operated by, or under contract with a religious organization, a
2482 religious association, a religious educational institution, or a religious
2483 society;
2484 (iii) owned by, operated by, or under contract with an affiliate of an entity
2485 described in Subsection (2)(b)(ii); or
2486 (iv) owned by or operated by a person under contract with an entity
2487 described in Subsection (2)(b)(ii).
2488 (3) This chapter, except for Subsection 57-21-5(2), does not apply to the rental of a room
2489 in a single-family dwelling by an owner-occupant of the single-family dwelling to
2490 another person if:
2491 (a) the dwelling is designed for occupancy by four or fewer families; and
2492 (b) the owner-occupant resides in one of the units.
2493 (4) (a) (i) Unless membership in a religion is restricted by race, color, sex, or
2494 national origin, this chapter does not prohibit an entity described in
2495 Subsection (4)(a)(ii) from:

2496 (A) limiting the sale, rental, or occupancy of a dwelling or temporary
2497 or permanent residence facility the entity owns or operates for
2498 primarily noncommercial purposes to persons of the same
2499 religion; or
2500 (B) giving preference to persons of the same religion when selling,
2501 renting, or selecting occupants for a dwelling, or a temporary or
2502 permanent residence facility, the entity owns or operates for
2503 primarily noncommercial purposes.
2504 (ii) The following entities are entitled to the exemptions described in
2505 Subsection (4)(a)(i):
2506 (A) a religious organization, association, or society; or
2507 (B) a nonprofit institution or organization operated, supervised, or
2508 controlled by or in conjunction with a religious organization,
2509 association, or society.
2510 (b) (i) This chapter does not prohibit an entity described in Subsection (4)(b)(ii)
2511 from:
2512 (A) limiting the sale, rental, or occupancy of a dwelling, or a
2513 temporary or permanent residence facility, the entity owns or
2514 operates to persons of a particular religion, sex, sexual
2515 orientation, or gender identity; or
2516 (B) giving preference to persons of a particular religion, sex, sexual
2517 orientation, or gender identity when selling, renting, or selecting
2518 occupants for a dwelling, or a temporary or permanent residence
2519 facility, the entity owns or operates.
2520 (ii) The following entities are entitled to the exemptions described in
2521 Subsection (4)(b)(i):
2522 (A) an entity described in Subsection (4)(a)(ii); and
2523 (B) a person who owns a dwelling, or a temporary or permanent
2524 residence facility, that is under contract with an entity described in
2525 Subsection (4)(a)(ii).
2526 (5) (a) If the conditions of Subsection (5)(b) are met, this chapter does not prohibit a
2527 private club not open to the public, including a fraternity or sorority associated

2528 with an institution of higher education, from:
2529 (i) limiting the rental or occupancy of lodgings to members; or
2530 (ii) giving preference to its members.
2531 (b) This Subsection (5) applies only if the private club owns or operates the
2532 lodgings as an incident to its primary purpose and not for a commercial
2533 purpose.
2534 (6) This chapter does not prohibit distinctions based on inability to fulfill the terms and
2535 conditions, including financial obligations, of a lease, rental agreement, contract of
2536 purchase or sale, mortgage, trust deed, or other financing agreement.
2537 (7) This chapter does not prohibit a nonprofit educational institution from:
2538 (a) requiring its single students to live in a dwelling, or a temporary or permanent
2539 residence facility, that is owned by, operated by, or under contract with the
2540 nonprofit educational institution;
2541 (b) segregating a dwelling, or a temporary or permanent residence facility, that is
2542 owned by, operated by, or under contract with the nonprofit educational
2543 institution on the basis of sex or familial status or both:
2544 (i) for reasons of personal modesty or privacy; or
2545 (ii) in the furtherance of a religious institution's free exercise of religious
2546 rights under the First Amendment of the United States Constitution or
2547 the Utah Constitution; or
2548 (c) otherwise assisting another person in making a dwelling, or a temporary or
2549 permanent residence facility, available to students on a sex-segregated basis
2550 as may be permitted by:
2551 (i) regulations implementing the federal Fair Housing Amendments Act of
2552 1988;
2553 (ii) Title IX of the Education Amendments of 1972; or
2554 (iii) other applicable law.
2555 (8) This chapter does not prohibit any reasonable local, state, or federal restriction
2556 regarding the maximum number of occupants permitted to occupy a dwelling.
2557 (9) A provision of this chapter that pertains to familial status does not apply to the
2558 existence, development, sale, rental, advertisement, or financing of an apartment
2559 complex, condominium, or other housing development designated as housing for older

2560 persons, as defined by Title VIII of the Civil Rights Act of 1968, as amended.
2561
2562 57-21-5. Discriminatory practices enumerated -- Protected persons, classes
2563 enumerated.
2564 (1) It is a discriminatory housing practice to do any of the following because of a person's
2565 race, color, religion, sex, national origin, familial status, source of income, disability,
2566 sexual orientation, [or] gender identity , or lawful possession or consumption of
2567 cannabis or a cannabis product in accordance with Title 26, Chapter 60b, Medical
2568 Cannabis Act :
2569 (a) (i) refuse to sell or rent after the making of a bona fide offer;
2570 (ii) refuse to negotiate for the sale or rental; or
2571 (iii) otherwise deny or make unavailable a dwelling from any person;
2572 (b) discriminate against a person in the terms, conditions, or privileges:
2573 (i) of the sale or rental of a dwelling; or
2574 (ii) in providing facilities or services in connection with the dwelling; or
2575 (c) represent to a person that a dwelling is not available for inspection, sale, or
2576 rental when the dwelling is available.
2577 (2) It is a discriminatory housing practice to make a representation orally or in writing or
2578 make, print, circulate, publish, post, or cause to be made, printed, circulated,
2579 published, or posted any notice, statement, or advertisement, or to use any application
2580 form for the sale or rental of a dwelling, that directly or indirectly expresses any
2581 preference, limitation, or discrimination based on race, color, religion, sex, national
2582 origin, familial status, source of income, disability, sexual orientation, [or] gender
2583 identity, or lawful possession or consumption of cannabis or a cannabis product in
2584 accordance with Title 26, Chapter 60b, Medical Cannabis Act, or expresses any intent
2585 to make any such preference, limitation, or discrimination.
2586 (3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a
2587 person to buy, sell, or rent a dwelling by making a representation about the entry or
2588 prospective entry into the neighborhood of persons of a particular race, color, religion,
2589 sex, national origin, familial status, source of income, disability, sexual orientation, [or]
2590 gender identity , or lawful possession or consumption of cannabis or a cannabis
2591 product in accordance with Title 26, Chapter 60b, Medical Cannabis Act.

2592 (4) A discriminatory housing practice includes:
2593 (a) a refusal to permit, at the expense of the person with a disability, reasonable
2594 modifications of existing premises occupied or to be occupied by the person if
2595 the modifications are necessary to afford that person full enjoyment of the
2596 premises, except that in the case of a rental, the landlord, where it is
2597 reasonable to do so, may condition permission for a modification on the renter
2598 agreeing to restore the interior of the premises, when reasonable, to the
2599 condition that existed before the modification, reasonable wear and tear
2600 excepted;
2601 (b) a refusal to make a reasonable accommodation in a rule, policy, practice, or
2602 service when the accommodation may be necessary to afford the person equal
2603 opportunity to use and enjoy a dwelling; and
2604 (c) in connection with the design and construction of covered multifamily dwellings
2605 for first occupancy after March 13, 1991, a failure to design and construct the
2606 covered multifamily dwellings in a manner that:
2607 (i) the covered multifamily dwellings have at least one building entrance on
2608 an accessible route, unless it is impracticable to have one because of
2609 the terrain or unusual characteristics of the site; and
2610 (ii) with respect to covered multifamily dwellings with a building entrance on
2611 an accessible route:
2612 (A) the public use and common use portions of the covered
2613 multifamily dwelling are readily accessible to and usable by a
2614 person with a disability;
2615 (B) all the doors designed to allow passage into and within the
2616 covered multifamily dwellings are sufficiently wide to allow
2617 passage by a person with a disability who is in a wheelchair; and
2618 (C) all premises within the covered multifamily dwellings contain the
2619 following features of adaptive design: [(I)] an accessible route into
2620 and through the covered multifamily dwelling; [(II)] light switches,
2621 electrical outlets, thermostats, and other environmental controls in
2622 accessible locations; [(III)] reinforcements in the bathroom walls to
2623 allow later installation of grab bars; and [(IV)] kitchens and

2624 bathrooms such that an individual in a wheelchair can maneuver
2625 about and use the space.
2626 (5) This section also applies to discriminatory housing practices because of race, color,
2627 religion, sex, national origin, familial status, source of income, disability, sexual
2628 orientation, [or] gender identity , or lawful possession or consumption of cannabis or a
2629 cannabis product in accordance with Title 26, Chapter 60b, Medical Cannabis Act
2630 based upon a person's association with another person.
2631
2632 57-21-6. Discriminatory housing practices regarding residential real
2633 estate-related transactions -- Discriminatory housing practices regarding the
2634 provisions of brokerage services.
2635 (1) (a) It is a discriminatory housing practice for a person whose business includes
2636 engaging in residential real estate-related transactions to discriminate against a
2637 person in making available a residential real estate-related transaction, or in the
2638 terms or conditions of the residential real estate-related transaction, because of
2639 race, color, religion, sex, disability, familial status, source of income, national
2640 origin, sexual orientation, [or] gender identity , or lawful possession or
2641 consumption of cannabis or a cannabis product in accordance with Title 26,
2642 Chapter 60b, Medical Cannabis Act.
2643 (b) Residential real estate-related transactions include:
2644 (i) making or purchasing loans or providing other financial assistance:
2645 (A) for purchasing, constructing, improving, repairing, or maintaining a
2646 dwelling; or
2647 (B) secured by residential real estate; or
2648 (ii) selling, brokering, or appraising residential real property.
2649 (2) It is a discriminatory housing practice to, because of race, color, religion, sex,
2650 disability, familial status, source of income, national origin, sexual orientation, [or]
2651 gender identity , or lawful possession or consumption of cannabis or a cannabis
2652 product in accordance with Title 26, Chapter 60b, Medical Cannabis Act:
2653 (a) deny a person access to, or membership or participation in, a multiple-listing
2654 service, real estate brokers' organization, or other service, organization, or
2655 facility relating to the business of selling or renting dwellings; or

2656 (b) discriminate against a person in the terms or conditions of access,
2657 membership, or participation in the organization, service, or facility.
2658 (3) This section also applies to a discriminatory housing practice because of race, color,
2663
2664 57-21-7. Prohibited conduct -- Aiding or abetting in discriminatory actions --
2665 Obstruction of division investigation -- Reprisals.
2666 (1) It is a discriminatory housing practice to do any of the following:
2667 (a) coerce, intimidate, threaten, or interfere with a person:
2668 (i) in the exercise or enjoyment of a right granted or protected under this
2669 chapter;
2670 (ii) because that person exercised a right granted or protected under this
2671 chapter; or
2672 (iii) because that person aided or encouraged any other person in the
2673 exercise or enjoyment of a right granted or protected under this chapter;
2674 (b) aid, abet, incite, compel, or coerce a person to engage in a practice prohibited
2675 by this chapter;
2676 (c) attempt to aid, abet, incite, compel, or coerce a person to engage in a practice
2677 prohibited by this chapter;
2678 (d) obstruct or prevent a person from complying with this chapter, or any order
2679 issued under this chapter;
2680 (e) resist, prevent, impede, or interfere with the director or a division employee or
2681 representative in the performance of duty under this chapter; or
2682 (f) engage in a reprisal against a person because that person:
2683 (i) opposed a practice prohibited under this chapter; or
2684 (ii) filed a complaint, testified, assisted, or participated in any manner in an
2685 investigation, proceeding, or hearing under this chapter.
2686 (2) This section also applies to discriminatory housing practices because of race, color,

2691
2692 58-37-3.7. Exemption for possession or use of cannabis to treat a qualifying
2693 illness.
2695 (a) "Cannabis" means marijuana.
2696 (b) "Cannabis product" means a product that:
2697 (i) is intended for human ingestion; and
2698 (ii) contains cannabis or tetrahydrocannabinol.
2699 (c) "Drug paraphernalia" means the same as that term is defined in Section
2700 58-37a-3.
2701 (d) "Marijuana" means the same as that term is defined in Section 58-37-2.
2702 (e) (i) "Medical cannabis device" means a device that an individual uses to
2703 ingest cannabis or a cannabis product.
2704 (ii) "Medical cannabis device" does not include a device that facilitates
2705 cannabis combustion.
2706 (f) "Tetrahydrocannabinol" means a substance derived from cannabis or a
2707 synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
2708 (2) Notwithstanding any other provision of law, except as otherwise provided in this
2709 section:
2710 (a) an individual is not subject to the penalties described in this title for the
2711 following conduct if the individual engaged in the conduct in accordance with
2712 Title 4, Chapter 41b, Cannabis Production Establishment, or Title 26, Chapter
2713 60b, Medical Cannabis Act:
2714 (i) possessing, ingesting, producing, manufacturing, dispensing,
2715 distributing, selling, or offering to sell cannabis or a cannabis
2716 product;
2717 (ii) possessing cannabis or a cannabis product with the intent to
2718 engage in any of the conduct described in Subsection (2)(a)(i);
2719 (b) an individual is not subject to the penalties described in this title

2720 regarding drug paraphernalia if the individual, in accordance with Title 4,
2721 Chapter 41b, Cannabis Production Establishment, or Title 26, Chapter
2722 60b, Medical Cannabis Act:
2723 (i) possesses, manufactures, distributes, sells, or offers to sell a
2724 medical cannabis device; or
2725 (ii) possesses a medical cannabis device with the intent to engage in
2726 any of the conduct described in Subsection (2)(b)(i).
2727 (4) (a) As used in this Subsection (4), "smoking" does not include the vaporization or
2728 heating of cannabis.
2729 (b) It is not lawful for the holder of a medical cannabis card, as that term is defined
2730 in Section 26-60B-102, to smoke or combust cannabis or to use a device to
2731 facilitate the smoking or combustion of cannabis.
2732 (c) An individual convicted of violating this Subsection (4) is guilty of a class C
2733 misdemeanor.
2734 (5) An individual is not exempt from the penalties described in this title for ingesting
2735 cannabis or a cannabis product while operating a motor vehicle if the person is under
2736 the influence of the cannabis or cannabis product to a degree that renders the
2737 individual incapable of safely operating a motor vehicle.
2738 (6) An individual who is assessed a penalty or convicted of a crime under Title 4, Chapter
2739 41b, Cannabis Production Establishment, or Title 26, Chapter 60b, Medical Cannabis
2740 Act, is not subject to the penalties described in this chapter for:
2741 (a) the possession, manufacture, sale, or offer for sale of cannabis or a cannabis
2742 product; or
2743 (b) the possession, manufacture, sale, or offer for sale of drug paraphernalia.
2744
2745 58-37-3.8. Affirmative defense.
2747 (a) "Cannabis" means the same as that term is defined in Section 58-37-3.7.
2748 (b) "Cannabis product" means the same as that term is defined in Section
2749 58-37-3.7.
2750 (c) "Medical cannabis card" means the same as that term is defined in Section
2751 26-60B-102.

2752 (d) "Medical cannabis device" means the same as that term is defined in Section
2753 58-37-3.7.
2754 (e) "Medical cannabis pharmacy" means the same as that term is defined in
2755 Section 26-60B-102.
2756 (f) "Qualified medical provider" means the same as that term is defined in Section
2757 26-60B-102.
2758 (g) "Qualifying illness" means the same as that term is defined in Section
2759 26-60B-102.
2760 (h) "Tetrahydrocannabinol" means the same as that term is defined in Section
2761 58-37-3.7.
2762 (2) Unless a medical cannabis pharmacy operates within 100 miles of an individual's
2763 primary residence, it is an affirmative defense to criminal charges against the
2764 individual under this chapter for the use or possession of cannabis or a cannabis
2765 product in a quantity described in Subsection 26-60B-502(2) or the use or possession
2766 of a medical cannabis device if the individual:
2767 (a) suffers from a qualifying illness at the time of arrest;
2768 (b) has a pre-existing relationship with a qualified medical provider who believes
2769 that the individual's illness described in Subsection (1)(a)(i) can benefit from the
2770 use in question; and
2771 (c) the individual's conduct would have been lawful:
2772 (i) after being issued a medical cannabis card; and
2773 (ii) with a medical cannabis pharmacy operating within 100 miles of the
2774 individual's primary residence.
2775 (3) It is an affirmative defense to criminal charges against an individual for the use or
2776 possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia
2777 under this chapter if the individual:
2778 (a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
2779 (b) has a currently valid medical cannabis identification card or its equivalent under
2780 the laws of another state, district, territory, commonwealth, or insular
2781 possession of the United States; and
2782 (c) has been diagnosed with a qualifying illness as described in Section
2783 26-60b-105.

2784 (4) A court shall, for charges that the court dismisses under Subsection (2) or Subsection
2785 (3), dismiss the charges without prejudice.
2786
2787 58-37-3.9. Enforcement.
2788 (1) A law enforcement officer employed by an agency that receives state or local
2789 government funds may not expend any state or local resources, including the officer's
2790 time, to:
2791 (a) effect any arrest or seizure of cannabis, as that term is defined in Section
2792 58-37-3.7, or conduct any investigation, on the sole basis of activity the officer
2793 believes to constitute a violation of federal law if the officer has reason to
2794 believe that the activity is in compliance with the state medical cannabis laws;
2795 or
2796 (b) provide any information or logistical support related to an activity described in
2797 Subsection (1)(a) to any federal law enforcement authority or prosecuting
2798 entity.
2799 (2) An agency or political subdivision of the state may not rely on a violation of federal law
2800 as the sole basis for taking an adverse action against a person providing professional
2801 services to a medical cannabis pharmacy, as that term is defined in Section
2802 26-60B-102, or a cannabis production establishment, as that term is defined in
2803 Section 4-41b-102, if the person has not violated the state medical cannabis laws.
2804
2805 59-12-104.9 (Effective 07/01/19). Exemption from sales tax for cannabis and
2806 cannabinoid products.
2808 (a) "Cannabidiol product" means the same as that term is defined in Section
2809 4-41-102.
2810 (b) "Cannabidiol-qualified pharmacy" means the same as that term is defined in
2811 Section 58-88-102.
2812 (c) "Cannabis" means the same as that term is defined in Section 58-37-3.7.
2813 (d) "Cannabis product" means the same as that term is defined in Section
2814 58-37-3.7.
2815 (e) "Medical cannabis pharmacy" means the same as that term is defined in

2816 Section 26-60b-102.
2817 (2) In addition to the exemptions described in Section 59-12-104, the sale of the following
2818 is not subject to the taxes imposed by this chapter:
2819 (a) a cannabidiol product by a cannabidiol-qualified pharmacy[ of a cannabidiol
2820 product is not subject to the taxes imposed by this chapter.] ; and
2821 (b) cannabis, a cannabis product, or a medical cannabis device, by a licensed
2822 medical cannabis pharmacy.
2823
2824 62A-4a-202.1. Entering home of a child -- Taking a child into protective custody
2825 -- Caseworker accompanied by peace officer -- Preventive services -- Shelter facility or
2826 emergency placement.
2827 (1) A peace officer or child welfare worker may not:
2828 (a) enter the home of a child who is not under the jurisdiction of the court, remove
2829 a child from the child's home or school, or take a child into protective custody
2830 unless authorized under Subsection 78A-6-106(2); or
2831 (b) remove a child from the child's home or take a child into custody under this
2832 section solely on the basis of :
2833 (i) educational neglect, truancy, or failure to comply with a court order to
2834 attend school[.] ; or
2835 (ii) the possession or use of cannabis, a cannabis product, or a medical
2836 cannabis device in accordance with Title 26, Chapter 60b, Medical
2837 Cannabis Act.
2838 (2) A child welfare worker within the division may take action under Subsection (1)
2839 accompanied by a peace officer, or without a peace officer when a peace officer is not
2840 reasonably available.
2841 (3) (a) If possible, consistent with the child's safety and welfare, before taking a child
2842 into protective custody, the child welfare worker shall also determine whether
2843 there are services available that, if provided to a parent or guardian of the child,
2844 would eliminate the need to remove the child from the custody of the child's
2845 parent or guardian.
2846 (b) If the services described in Subsection (3)(a) are reasonably available, they
2847 shall be utilized.

2848 (c) In determining whether the services described in Subsection (3)(a) are
2849 reasonably available, and in making reasonable efforts to provide those
2850 services, the child's health, safety, and welfare shall be the child welfare
2851 worker's paramount concern.
2852 (4) (a) A child removed or taken into custody under this section may not be placed or
2853 kept in a secure detention facility pending court proceedings unless the child is
2854 detainable based on guidelines promulgated by the Division of Juvenile Justice
2855 Services.
2856 (b) A child removed from the custody of the child's parent or guardian but who
2857 does not require physical restriction shall be given temporary care in:
2858 (i) a shelter facility; or
2859 (ii) an emergency placement in accordance with Section 62A-4a-209.
2860 (c) When making a placement under Subsection (4)(b), the Division of Child and
2861 Family Services shall give priority to a placement with a noncustodial parent,
2862 relative, or friend, in accordance with Section 62A-4a-209.
2863 (d) If the child is not placed with a noncustodial parent, a relative, or a designated
2864 friend, the caseworker assigned to the child shall file a report with the
2865 caseworker's supervisor explaining why a different placement was in the child's
2866 best interest.
2867 (5) When a child is removed from the child's home or school or taken into protective
2868 custody, the caseworker shall give a parent of the child a pamphlet or flier explaining:
2869 (a) the parent's rights under this part, including the right to be present and
2870 participate in any court proceeding relating to the child's case;
2871 (b) that it may be in the parent's best interest to contact an attorney and that, if the
2872 parent cannot afford an attorney, the court will appoint one;
2873 (c) the name and contact information of a division employee the parent may
2874 contact with questions;
2875 (d) resources that are available to the parent, including:
2876 (i) mental health resources;
2877 (ii) substance abuse resources; and
2878 (iii) parenting classes; and
2879 (e) any other information considered relevant by the division.

2880 (6) The pamphlet or flier described in Subsection (5) shall be:
2881 (a) evaluated periodically for its effectiveness at conveying necessary information
2882 and revised accordingly;
2883 (b) written in simple, easy-to-understand language; and
2884 (c) available in English and other languages as the division determines to be
2885 appropriate and necessary.
2886
2887 63I-1-226. Repeal dates, Title 26.
2888 (1) Section 26-1-40 is repealed July 1, 2019.
2889 (2) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July 1,
2890 2025.
2891 (3) Section 26-10-11 is repealed July 1, 2020.
2892 (4) Subsection 26-18-417(3) is repealed on July 1, 2022.
2893 (5) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
2894 (6) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1, 2019.
2895 (7) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024.
2896 (8) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed July
2897 1, 2024.
2898 (9) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed [July] January 1,
2899 [2021] 2019 .
2900 (10) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program is repealed July
2901 1, 2026.
2902
2903 63I-1-258. Repeal dates, Title 58.
2904 (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed
2905 July 1, 2026.
2906 (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
2907 (3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2028.
2908 (4) Section 58-37-4.3 is repealed [July] January 1, [2021] 2020 .
2909 (5) Subsection 58-37-6(7)(f)(iii) is repealed July 1, 2022, and the Office of Legislative
2910 Research and General Counsel is authorized to renumber the remaining subsections
2911 accordingly.

2912 (6) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
2913 (7) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
2914 repealed July 1, 2019.
2915 (8) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
2916 (9) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July 1,
2917 2023.
2918 (10) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
2919 (11) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1, 2026.
2920 (12) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027.
2921 (13) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is
2922 repealed July 1, 2021.
2923 (14) The following sections are repealed on July 1, 2019:
2924 (a) Section 58-5a-502;
2925 (b) Section 58-31b-502.5;
2926 (c) Section 58-67-502.5;
2927 (d) Section 58-68-502.5; and
2928 (e) Section 58-69-502.5.
2929
2930 78A-6-508 (Superseded 07/01/19). Evidence of grounds for termination.
2931 (1) In determining whether a parent or parents have abandoned a child, it is prima facie
2932 evidence of abandonment that the parent or parents:
2933 (a) although having legal custody of the child, have surrendered physical custody
2934 of the child, and for a period of six months following the surrender have not
2935 manifested to the child or to the person having the physical custody of the child
2936 a firm intention to resume physical custody or to make arrangements for the
2937 care of the child;
2938 (b) have failed to communicate with the child by mail, telephone, or otherwise for
2939 six months;
2940 (c) failed to have shown the normal interest of a natural parent, without just cause;
2941 or
2942 (d) have abandoned an infant, as described in Subsection 78A-6-316(1).
2943 (2) In determining whether a parent or parents are unfit or have neglected a child the

2944 court shall consider, but is not limited to, the following circumstances, conduct, or
2945 conditions:
2946 (a) emotional illness, mental illness, or mental deficiency of the parent that renders
2947 the parent unable to care for the immediate and continuing physical or
2948 emotional needs of the child for extended periods of time;
2949 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
2950 nature;
2951 (c) habitual or excessive use of intoxicating liquors, controlled substances, or
2952 dangerous drugs that render the parent unable to care for the child;
2953 (d) repeated or continuous failure to provide the child with adequate food, clothing,
2954 shelter, education, or other care necessary for the child's physical, mental, and
2955 emotional health and development by a parent or parents who are capable of
2956 providing that care;
2957 (e) whether the parent is incarcerated as a result of conviction of a felony, and the
2958 sentence is of such length that the child will be deprived of a normal home for
2959 more than one year;
2960 (f) a history of violent behavior; or
2961 (g) whether the parent has intentionally exposed the child to pornography or
2962 material harmful to a minor, as defined in Section 76-10-1201.
2963 (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent or
2964 otherwise consider a parent's lawful possession or consumption of cannabis, a
2965 cannabis product, or a medical cannabis device in accordance with Title 26, Chapter
2966 60b, Medical Cannabis Act.
2967 [(3)] (4) A parent who, legitimately practicing the parent's religious beliefs, does not
2968 provide specified medical treatment for a child is not, for that reason alone, a
2969 negligent or unfit parent.
2970 [(4)] (5) (a) Notwithstanding Subsection (2), a parent may not be considered
2971 neglectful or unfit because of a health care decision made for a child by
2972 the child's parent unless the state or other party to the proceeding
2973 shows, by clear and convincing evidence, that the health care decision is
2974 not reasonable and informed.
2975 (b) Nothing in Subsection [(4)] (5) (a) may prohibit a parent from exercising the

2976 right to obtain a second health care opinion.
2977 [(5)] (6) If a child has been placed in the custody of the division and the parent or
2978 parents fail to comply substantially with the terms and conditions of a plan
2979 within six months after the date on which the child was placed or the plan was
2980 commenced, whichever occurs later, that failure to comply is evidence of failure
2981 of parental adjustment.
2982 [(6)] (7) The following circumstances constitute prima facie evidence of unfitness:
2983 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of
2984 any child, due to known or substantiated abuse or neglect by the parent or
2985 parents;
2986 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as
2987 to indicate the unfitness of the parent to provide adequate care to the extent
2988 necessary for the child's physical, mental, or emotional health and
2989 development;
2990 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
2991 of the child;
2992 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
2993 commit murder or manslaughter of a child or child abuse homicide; or
2994 (e) the parent intentionally, knowingly, or recklessly causes the death of another
2995 parent of the child, without legal justification.
2996
2997 78A-6-508 (Effective 07/01/19). Evidence of grounds for termination.
2998 (1) In determining whether a parent or parents have abandoned a child, it is prima facie
2999 evidence of abandonment that the parent or parents:
3000 (a) although having legal custody of the child, have surrendered physical custody
3001 of the child, and for a period of six months following the surrender have not
3002 manifested to the child or to the person having the physical custody of the child
3003 a firm intention to resume physical custody or to make arrangements for the
3004 care of the child;
3005 (b) have failed to communicate with the child by mail, telephone, or otherwise for
3006 six months;
3007 (c) failed to have shown the normal interest of a natural parent, without just cause;

3008 or
3009 (d) have abandoned an infant, as described in Subsection 78A-6-316(1).
3010 (2) In determining whether a parent or parents are unfit or have neglected a child the
3011 court shall consider, but is not limited to, the following circumstances, conduct, or
3012 conditions:
3013 (a) emotional illness, mental illness, or mental deficiency of the parent that renders
3014 the parent unable to care for the immediate and continuing physical or
3015 emotional needs of the child for extended periods of time;
3016 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
3017 nature;
3018 (c) habitual or excessive use of intoxicating liquors, controlled substances, or
3019 dangerous drugs that render the parent unable to care for the child;
3020 (d) repeated or continuous failure to provide the child with adequate food, clothing,
3021 shelter, education, or other care necessary for the child's physical, mental, and
3022 emotional health and development by a parent or parents who are capable of
3023 providing that care;
3024 (e) whether the parent is incarcerated as a result of conviction of a felony, and the
3025 sentence is of such length that the child will be deprived of a normal home for
3026 more than one year;
3027 (f) a history of violent behavior; or
3028 (g) whether the parent has intentionally exposed the child to pornography or
3029 material harmful to a minor, as defined in Section 76-10-1201.
3030 (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent
3031 because of or otherwise consider the parent's lawful possession or consumption of :
3032 (a) a cannabidiol product in accordance with Title 26, Chapter 65, Cannabidiol
3033 Product Act[.] ; or
3034 (b) cannabis, a cannabis product, or a medical cannabis device in accordance
3035 with Title 26, Chapter 60b, Medical Cannabis Act.
3036 (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
3037 specified medical treatment for a child is not, for that reason alone, a negligent or unfit
3038 parent.
3039 (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or

3040 unfit because of a health care decision made for a child by the child's parent
3041 unless the state or other party to the proceeding shows, by clear and
3042 convincing evidence, that the health care decision is not reasonable and
3043 informed.
3044 (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
3045 obtain a second health care opinion.
3046 (6) If a child has been placed in the custody of the division and the parent or parents fail
3047 to comply substantially with the terms and conditions of a plan within six months after
3048 the date on which the child was placed or the plan was commenced, whichever occurs
3049 later, that failure to comply is evidence of failure of parental adjustment.
3050 (7) The following circumstances constitute prima facie evidence of unfitness:
3051 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of
3052 any child, due to known or substantiated abuse or neglect by the parent or
3053 parents;
3054 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as
3055 to indicate the unfitness of the parent to provide adequate care to the extent
3056 necessary for the child's physical, mental, or emotional health and
3057 development;
3058 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
3059 of the child;
3060 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
3061 commit murder or manslaughter of a child or child abuse homicide; or
3062 (e) the parent intentionally, knowingly, or recklessly causes the death of another
3063 parent of the child, without legal justification.

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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY

1 MEDICAL CANNABIS ACT

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