Section 501 - Operating requirements -- General.

UT Code § 26-61a-501 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) A medical cannabis pharmacy shall operate: (i) at the physical address provided to the department under Section 26-61a-301; and (ii) in accordance with the operating plan provided to the department under Section 26-61a-301 and, if applicable, 26-61a-304. (b) A medical cannabis pharmacy shall notify the department before a change in the medical cannabis pharmacy's physical address or operating plan.

(a) A medical cannabis pharmacy shall operate: (i) at the physical address provided to the department under Section 26-61a-301; and (ii) in accordance with the operating plan provided to the department under Section 26-61a-301 and, if applicable, 26-61a-304.

(i) at the physical address provided to the department under Section 26-61a-301; and

(ii) in accordance with the operating plan provided to the department under Section 26-61a-301 and, if applicable, 26-61a-304.

(b) A medical cannabis pharmacy shall notify the department before a change in the medical cannabis pharmacy's physical address or operating plan.

(2) An individual may not enter a medical cannabis pharmacy unless the individual: (a) is at least 18 years old; and (b) except as provided in Subsection (5), possesses a valid: (i) medical cannabis pharmacy agent registration card; or (ii) medical cannabis card.

(a) is at least 18 years old; and

(b) except as provided in Subsection (5), possesses a valid: (i) medical cannabis pharmacy agent registration card; or (ii) medical cannabis card.

(i) medical cannabis pharmacy agent registration card; or

(ii) medical cannabis card.

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

(4) A medical cannabis pharmacy may not employ an individual who has been convicted of a felony under state or federal law.

(5) Notwithstanding Subsection (2), a medical cannabis pharmacy may authorize an individual who is not a medical cannabis pharmacy agent to access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and monitors the individual at all times while the individual is at the medical cannabis pharmacy and maintains a record of the individual's access.

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

(a) a single, secure public entrance;

(b) a security system with a backup power source that: (i) detects and records entry into the medical cannabis pharmacy; and (ii) provides notice of an unauthorized entry to law enforcement when the medical cannabis pharmacy is closed; and

(i) detects and records entry into the medical cannabis pharmacy; and

(ii) provides notice of an unauthorized entry to law enforcement when the medical cannabis pharmacy is closed; and

(c) a lock on each area where the medical cannabis pharmacy stores cannabis or a cannabis product.

(7) A medical cannabis pharmacy shall post, both clearly and conspicuously in the medical cannabis pharmacy, the limit on the purchase of cannabis described in Subsection 26-61a-502(2).

(8) A medical cannabis pharmacy may not allow any individual to consume cannabis on the property or premises of the medical cannabis pharmacy.

(9) A medical cannabis pharmacy may not sell cannabis or a cannabis product without first indicating on the cannabis or cannabis product label the name of the medical cannabis pharmacy.

(10) (a) Each medical cannabis pharmacy shall retain in the pharmacy's records the following information regarding each recommendation underlying a transaction: (i) the qualified medical provider's name, address, and telephone number; (ii) the patient's name and address; (iii) the date of issuance; (iv) dosing parameters or an indication that the qualified medical provider did not recommend specific dosing parameters; and (v) if the patient did not complete the transaction, the name of the medical cannabis cardholder who completed the transaction. (b) The medical cannabis pharmacy may not sell cannabis or a cannabis product unless the cannabis or cannabis product has a label securely affixed to the container indicating the following minimum information: (i) the name, address, and telephone number of the medical cannabis pharmacy; (ii) the unique identification number that the medical cannabis pharmacy assigns; (iii) the date of the sale; (iv) the name of the patient; (v) the name of the qualified medical provider who recommended the medical cannabis treatment; (vi) directions for use and cautionary statements, if any; (vii) the amount dispensed and the cannabinoid content; (viii) the beyond use date; and (ix) any other requirements that the department determines, in consultation with the Division of Occupational and Professional Licensing and the Board of Pharmacy.

(a) Each medical cannabis pharmacy shall retain in the pharmacy's records the following information regarding each recommendation underlying a transaction: (i) the qualified medical provider's name, address, and telephone number; (ii) the patient's name and address; (iii) the date of issuance; (iv) dosing parameters or an indication that the qualified medical provider did not recommend specific dosing parameters; and (v) if the patient did not complete the transaction, the name of the medical cannabis cardholder who completed the transaction.

(i) the qualified medical provider's name, address, and telephone number;

(ii) the patient's name and address;

(iii) the date of issuance;

(iv) dosing parameters or an indication that the qualified medical provider did not recommend specific dosing parameters; and

(v) if the patient did not complete the transaction, the name of the medical cannabis cardholder who completed the transaction.

(b) The medical cannabis pharmacy may not sell cannabis or a cannabis product unless the cannabis or cannabis product has a label securely affixed to the container indicating the following minimum information: (i) the name, address, and telephone number of the medical cannabis pharmacy; (ii) the unique identification number that the medical cannabis pharmacy assigns; (iii) the date of the sale; (iv) the name of the patient; (v) the name of the qualified medical provider who recommended the medical cannabis treatment; (vi) directions for use and cautionary statements, if any; (vii) the amount dispensed and the cannabinoid content; (viii) the beyond use date; and (ix) any other requirements that the department determines, in consultation with the Division of Occupational and Professional Licensing and the Board of Pharmacy.

(i) the name, address, and telephone number of the medical cannabis pharmacy;

(ii) the unique identification number that the medical cannabis pharmacy assigns;

(iii) the date of the sale;

(iv) the name of the patient;

(v) the name of the qualified medical provider who recommended the medical cannabis treatment;

(vi) directions for use and cautionary statements, if any;

(vii) the amount dispensed and the cannabinoid content;

(viii) the beyond use date; and

(ix) any other requirements that the department determines, in consultation with the Division of Occupational and Professional Licensing and the Board of Pharmacy.

(11) A pharmacy medical provider or medical cannabis pharmacy agent shall: (a) unless the medical cannabis cardholder has had a consultation under Subsection 26-61a-502(4), verbally offer to a medical cannabis cardholder at the time of a purchase of cannabis, a cannabis product, or a medical cannabis device, personal, face-to-face counseling with the pharmacy medical provider who is a pharmacist; and (b) provide a telephone number or website by which the cardholder may contact a pharmacy medical provider for counseling.

(a) unless the medical cannabis cardholder has had a consultation under Subsection 26-61a-502(4), verbally offer to a medical cannabis cardholder at the time of a purchase of cannabis, a cannabis product, or a medical cannabis device, personal, face-to-face counseling with the pharmacy medical provider who is a pharmacist; and

(b) provide a telephone number or website by which the cardholder may contact a pharmacy medical provider for counseling.

(12) (a) A medical cannabis pharmacy may create a medical cannabis disposal program that allows an individual to deposit unused or excess medical cannabis, cannabis residue from a medical cannabis device, or medical cannabis product in a locked box or other secure receptacle within the medical cannabis pharmacy. (b) A medical cannabis pharmacy with a disposal program described in Subsection (12)(a) shall ensure that only a medical cannabis pharmacy agent can access deposited medical cannabis or medical cannabis products. (c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis or medical cannabis products by: (i) rendering the deposited medical cannabis or medical cannabis products unusable and unrecognizable before transporting deposited medical cannabis or medical cannabis products from the medical cannabis pharmacy; and (ii) disposing of the deposited medical cannabis or medical cannabis products in accordance with: (A) federal and state law, rules, and regulations related to hazardous waste; (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.; (C)Title 19, Chapter 6, Part 5, Solid Waste Management Act; and (D) other regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(a) A medical cannabis pharmacy may create a medical cannabis disposal program that allows an individual to deposit unused or excess medical cannabis, cannabis residue from a medical cannabis device, or medical cannabis product in a locked box or other secure receptacle within the medical cannabis pharmacy.

(b) A medical cannabis pharmacy with a disposal program described in Subsection (12)(a) shall ensure that only a medical cannabis pharmacy agent can access deposited medical cannabis or medical cannabis products.

(c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis or medical cannabis products by: (i) rendering the deposited medical cannabis or medical cannabis products unusable and unrecognizable before transporting deposited medical cannabis or medical cannabis products from the medical cannabis pharmacy; and (ii) disposing of the deposited medical cannabis or medical cannabis products in accordance with: (A) federal and state law, rules, and regulations related to hazardous waste; (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.; (C)Title 19, Chapter 6, Part 5, Solid Waste Management Act; and (D) other regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(i) rendering the deposited medical cannabis or medical cannabis products unusable and unrecognizable before transporting deposited medical cannabis or medical cannabis products from the medical cannabis pharmacy; and

(ii) disposing of the deposited medical cannabis or medical cannabis products in accordance with: (A) federal and state law, rules, and regulations related to hazardous waste; (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.; (C)Title 19, Chapter 6, Part 5, Solid Waste Management Act; and (D) other regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(A) federal and state law, rules, and regulations related to hazardous waste;

(B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;

(C)Title 19, Chapter 6, Part 5, Solid Waste Management Act; and

(D) other regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

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