UT Code § 26-61a-305 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 61a - Utah Medical Cannabis Act|Part 3 - Medical Cannabis Pharmacy License|Section 305 - Maximum number of licenses -- Home delivery medical cannabis pharmacies.

 Effective 3/17/2021  26-61a-305. Maximum number of licenses -- Home delivery medical cannabis pharmacies.    (1)   (a) Except as provided in Subsections (1)(b) or (d), if a sufficient number of applicants apply, the department shall issue up to 15 medical cannabis pharmacy licenses in accordance with this section.     (b) If an insufficient number of qualified applicants apply for the available number of medical cannabis pharmacy licenses, the department shall issue a medical cannabis pharmacy license to each qualified applicant.     (c) The department may issue the licenses described in Subsection (1)(a) in accordance with this Subsection (1)(c).   (i) Using one procurement process, the department may issue eight licenses to an initial group of medical cannabis pharmacies and six licenses to a second group of medical cannabis pharmacies.     (ii) If the department issues licenses in two phases in accordance with Subsection (1)(c)(i), the department shall:   (A) divide the state into no less than four geographic regions;     (B) issue at least one license in each geographic region during each phase of issuing licenses; and     (C) complete the process of issuing medical cannabis pharmacy licenses no later than July 1, 2020.       (iii) In issuing a 15th license under Subsection (1), the department shall ensure that the license recipient will locate the medical cannabis pharmacy within Dagget, Duchesne, Uintah, Carbon, Sevier, Emery, Grand, or San Juan County.       (d)   (i) The department may issue licenses to operate a medical cannabis pharmacy in addition to the licenses described in Subsection (1)(a) if the department determines, in consultation with the Department of Agriculture and Food and after an annual or more frequent analysis of the current and anticipated market for medical cannabis, that each additional license is necessary to provide an adequate supply, quality, or variety of medical cannabis to medical cannabis cardholders.     (ii) The department shall:   (A) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish criteria and processes for the consultation, analysis, and application for a license described in Subsection (1)(d)(i);     (B) before November 30, 2020, report on the rules described in Subsection (1)(d)(ii)(A) to the Executive Appropriations Committee of the Legislature; and     (C) report to the Executive Appropriations Committee of the Legislature before each time the department issues an additional license under Subsection (1)(d)(i) regarding the results of the consultation and analysis described in Subsection (1)(d)(i) and the application of the criteria described in Subsection (1)(d)(ii)(A) to the intended licensee.           (2)   (a) If there are more qualified applicants than there are available licenses for medical cannabis pharmacies, the department shall:   (i) evaluate each applicant and award the license to the applicant that best demonstrates:   (A) experience with establishing and successfully operating a business that involves complying with a regulatory environment, tracking inventory, and training, evaluating, and monitoring employees;     (B) an operating plan that will best ensure the safety and security of patrons and the community;     (C) positive connections to the local community;     (D) the suitability of the proposed location and the location's accessibility for qualifying patients;     (E) the extent to which the applicant can increase efficiency and reduce the cost of medical cannabis for patients; and     (F) a strategic plan described in Subsection 26-61a-304(7) that has a comparatively high likelihood of success; and       (ii) ensure a geographic dispersal among licensees that is sufficient to reasonably maximize access to the largest number of medical cannabis cardholders.       (b) In making the evaluation described in Subsection (2)(a), the department may give increased consideration to applicants who indicate a willingness to:   (i) operate as a home delivery medical cannabis pharmacy that accepts electronic medical cannabis orders that the state central patient portal facilitates; and     (ii) accept payments through:   (A) a payment provider that the Division of Finance approves, in consultation with the state treasurer, in accordance with Section 26-61a-603; or     (B) a financial institution in accordance with Subsection 26-61a-603(4).           (3) The department may conduct a face-to-face interview with an applicant for a license that the department evaluates under Subsection (2).     (4)   (a) The department may designate a medical cannabis pharmacy as a home delivery medical cannabis pharmacy if the department determines that the medical cannabis pharmacy's operating plan demonstrates the functional and technical ability to:   (i) safely conduct transactions for medical cannabis shipments;     (ii) accept electronic medical cannabis orders that the state central patient portal facilitates; and     (iii) accept payments through:   (A) a payment provider that the Division of Finance approves, in consultation with the state treasurer, in accordance with Section 26-61a-603; or     (B) a financial institution in accordance with Subsection 26-61a-603(4).         (b) An applicant seeking a designation as a home delivery medical cannabis pharmacy shall identify in the applicant's operating plan any information relevant to the department's evaluation described in Subsection (4)(a), including:   (i) the name and contact information of the payment provider;     (ii) the nature of the relationship between the prospective licensee and the payment provider;     (iii) the processes of the following to safely and reliably conduct transactions for medical cannabis shipments:   (A) the prospective licensee; and     (B) the electronic payment provider or the financial institution described in Subsection (4)(a)(iii); and       (iv) the ability of the licensee to comply with the department's rules regarding the secure transportation and delivery of medical cannabis or medical cannabis product to a medical cannabis cardholder.       (c) Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that the department designates as a home delivery medical cannabis pharmacy may deliver medical cannabis shipments in accordance with this chapter.      Amended by Chapter 350, 2021 General Session