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Utah Medical Cannabis 10-04-18 DRAFT 2019FL-4444/020 1 UTAH MEDICAL CANNABIS ACT 2 2019 GENERAL SESSION 3 STATE OF UTAH 4 5 LONG TITLE 6 General Description: 7 This bill provides for the cultivation, processing, medical recommendation, and patient 8 use of medical cannabis. 9 Highlighted Provisions: 10 This bill: 11 < defines terms; 12 < provides for licensing and regulation of a cannabis cultivation facility, a cannabis 13 processing facility, an independent cannabis testing laboratory, and a medical 14 cannabis pharmacy; 15 < provides for security and tracking of cannabis and a cannabis product from 16 cultivation to consumption to ensure safety and chemical content; 17 < requires certain labeling and childproof packaging of cannabis and a cannabis 18 product; 19 < requires the Department of Agriculture and Food, the Department of Health, the 20 Department of Public Safety, and the Department of Technology Services to create 21 an electronic verification system to facilitate recommendation, dispensing, and 22 record-keeping for medical cannabis transactions; 23 < allows an individual with a qualifying condition to obtain a medical cannabis card 24 on the recommendation of a certain medical professional to gain access to medical 25 cannabis; 26 < allows a patient to designate a caregiver to assist with accessing medical cannabis; 27 < provides that a parent or legal guardian is the designated caregiver for a minor; 28 < provides housing and employment discrimination protection for an individual who 29 lawfully uses medical cannabis; 30 < limits the form and amount of medical cannabis available to a patient at one time; 31 < prohibits a minor from entering a medical cannabis pharmacy; 32 < creates the state central fill medical cannabis pharmacy; 2019FL-4444/020 10-04-18 DRAFT 33 < provides for a process of state central fill shipment of medical cannabis and 34 cannabis product to a local health department for patient retrieval; 35 < imposes heightened criminal penalties for improperly selling medical cannabis, 36 including to a minor; 37 < creates an affirmative defense to prosecution for certain individuals before the 38 medical cannabis card program is operational; 39 < creates protections from state prosecution for the lawful possession, use, and sale of 40 medical cannabis; 41 < prohibits a court from considering the lawful use of medical cannabis in a custody 42 proceeding; 43 < repeals superfluous sections related to authorized use of cannabis or a cannabis 44 product; and 45 < makes technical and conforming changes. 46 Money Appropriated in this Bill: 47 None 48 Other Special Clauses: 49 None 50 Utah Code Sections Affected: 51 AMENDS: 52 4-41-102, as last amended by Laws of Utah 2018, Chapters 227 and 452 53 7-1-401, as last amended by Laws of Utah 2018, Chapter 446 54 10-9a-104, as last amended by Laws of Utah 2017, Chapter 84 55 17-27a-104, as last amended by Laws of Utah 2017, Chapter 84 56 26-61-202, as last amended by Laws of Utah 2018, Chapter 110 57 30-3-10, as last amended by Laws of Utah 2017, Chapters 67 and 224 58 41-6a-517 (Superseded 07/01/19), as last amended by Laws of Utah 2017, Chapter 446 59 41-6a-517 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapter 452 60 58-17b-302, as last amended by Laws of Utah 2014, Chapter 72 61 58-17b-310, as enacted by Laws of Utah 2004, Chapter 280 62 58-17b-502, as last amended by Laws of Utah 2018, Chapter 295 63 58-37-3.6 (Superseded 07/01/19), as last amended by Laws of Utah 2018, Chapters - 2 - 10-04-18 DRAFT 2019FL-4444/020 64 333 and 446 65 58-37-3.6 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapters 333, 66 446, and 452 67 58-67-304, as last amended by Laws of Utah 2018, Chapters 282 and 318 68 58-85-102, as last amended by Laws of Utah 2018, Chapter 333 69 58-85-104, as last amended by Laws of Utah 2018, Chapter 333 70 58-85-105, as last amended by Laws of Utah 2018, Chapter 333 71 59-12-104.9 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 72 62A-4a-202.1, as last amended by Laws of Utah 2012, Chapters 221 and 293 73 78A-6-508 (Superseded 07/01/19), as last amended by Laws of Utah 2014, Chapter 74 409 75 78A-6-508 (Effective 07/01/19), as last amended by Laws of Utah 2018, Chapter 452 76 ENACTS: 77 4-41b-101, Utah Code Annotated 1953 78 4-41b-102, Utah Code Annotated 1953 79 4-41b-103, Utah Code Annotated 1953 80 4-41b-104, Utah Code Annotated 1953 81 4-41b-201, Utah Code Annotated 1953 82 4-41b-202, Utah Code Annotated 1953 83 4-41b-203, Utah Code Annotated 1953 84 4-41b-204, Utah Code Annotated 1953 85 4-41b-301, Utah Code Annotated 1953 86 4-41b-302, Utah Code Annotated 1953 87 4-41b-303, Utah Code Annotated 1953 88 4-41b-401, Utah Code Annotated 1953 89 4-41b-402, Utah Code Annotated 1953 90 4-41b-403, Utah Code Annotated 1953 91 4-41b-404, Utah Code Annotated 1953 92 4-41b-405, Utah Code Annotated 1953 93 4-41b-406, Utah Code Annotated 1953 - 3 - 2019FL-4444/020 10-04-18 DRAFT 94 4-41b-501, Utah Code Annotated 1953 95 4-41b-502, Utah Code Annotated 1953 96 4-41b-601, Utah Code Annotated 1953 97 4-41b-602, Utah Code Annotated 1953 98 4-41b-603, Utah Code Annotated 1953 99 4-41b-701, Utah Code Annotated 1953 100 4-41b-702, Utah Code Annotated 1953 101 4-41b-801, Utah Code Annotated 1953 102 4-41b-802, Utah Code Annotated 1953 103 26-61b-101, Utah Code Annotated 1953 104 26-61b-102, Utah Code Annotated 1953 105 26-61b-103, Utah Code Annotated 1953 106 26-61b-104, Utah Code Annotated 1953 107 26-61b-105, Utah Code Annotated 1953 108 26-61b-106, Utah Code Annotated 1953 109 26-61b-107, Utah Code Annotated 1953 110 26-61b-108, Utah Code Annotated 1953 111 26-61b-109, Utah Code Annotated 1953 112 26-61b-110, Utah Code Annotated 1953 113 26-61b-111, Utah Code Annotated 1953 114 26-61b-112, Utah Code Annotated 1953 115 26-61b-113, Utah Code Annotated 1953 116 26-61b-201, Utah Code Annotated 1953 117 26-61b-202, Utah Code Annotated 1953 118 26-61b-203, Utah Code Annotated 1953 119 26-61b-204, Utah Code Annotated 1953 120 26-61b-301, Utah Code Annotated 1953 121 26-61b-302, Utah Code Annotated 1953 122 26-61b-303, Utah Code Annotated 1953 123 26-61b-304, Utah Code Annotated 1953 124 26-61b-401, Utah Code Annotated 1953 - 4 - 10-04-18 DRAFT 2019FL-4444/020 125 26-61b-402, Utah Code Annotated 1953 126 26-61b-403, Utah Code Annotated 1953 127 26-61b-404, Utah Code Annotated 1953 128 26-61b-501, Utah Code Annotated 1953 129 26-61b-502, Utah Code Annotated 1953 130 26-61b-503, Utah Code Annotated 1953 131 26-61b-504, Utah Code Annotated 1953 132 26-61b-505, Utah Code Annotated 1953 133 26-61b-506, Utah Code Annotated 1953 134 26-61b-507, Utah Code Annotated 1953 135 26-61b-601, Utah Code Annotated 1953 136 26-61b-602, Utah Code Annotated 1953 137 26-61b-603, Utah Code Annotated 1953 138 26-61b-604, Utah Code Annotated 1953 139 26-61b-605, Utah Code Annotated 1953 140 26-61b-606, Utah Code Annotated 1953 141 26-61b-607, Utah Code Annotated 1953 142 26-61b-608, Utah Code Annotated 1953 143 26-61b-609, Utah Code Annotated 1953 144 26-61b-610, Utah Code Annotated 1953 145 26-61b-611, Utah Code Annotated 1953 146 26-61b-701, Utah Code Annotated 1953 147 26-61b-702, Utah Code Annotated 1953 148 26-61b-703, Utah Code Annotated 1953 149 53-1-106.5, Utah Code Annotated 1953 150 58-37-3.7, Utah Code Annotated 1953 151 58-37-3.8, Utah Code Annotated 1953 152 58-37-3.9, Utah Code Annotated 1953 153 REPEALS: 154 4-41-201, as enacted by Laws of Utah 2018, Chapter 446 - 5 - 2019FL-4444/020 10-04-18 DRAFT 155 4-41-202, as enacted by Laws of Utah 2018, Chapter 446 156 4-41-203, as enacted by Laws of Utah 2018, Chapter 446 157 4-41-204, as enacted by Laws of Utah 2018, Chapter 446 158 4-41-301, as enacted by Laws of Utah 2018, Chapter 446 159 4-41-302, as enacted by Laws of Utah 2018, Chapter 446 160 4-41-304, as enacted by Laws of Utah 2018, Chapter 446 161 4-43-101 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 162 4-43-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 163 4-43-201 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 164 4-43-202 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 165 4-43-203 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 166 4-43-301 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 167 4-43-401 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 168 4-43-402 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 169 4-43-501 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 170 4-43-502 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 171 4-43-503 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 172 4-43-601 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 173 4-43-602 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 174 4-43-701 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 175 4-43-702 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 176 4-43-703 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 177 4-43-801 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 178 26-65-101 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 179 26-65-102 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 180 26-65-103 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 181 26-65-201 (Effective 07/01/19), as enacted by Laws of Utah 2018, Chapter 452 182 26-65-202 (Effective 07/01/19), as enacted
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