UT Code § 26-61a-201 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 61a - Utah Medical Cannabis Act|Part 2 - Medical Cannabis Card Registration|Section 201 - Medical cannabis patient card -- Medical cannabis guardian card -- Conditional medical cannabis card -- Application -- Fees -- Studies.

 Effective 3/17/2021  26-61a-201. Medical cannabis patient card -- Medical cannabis guardian card -- Conditional medical cannabis card -- Application -- Fees -- Studies.    (1)   (a) The department shall, within 15 days after the day on which an individual who satisfies the eligibility criteria in this section or Section 26-61a-202 submits an application in accordance with this section or Section 26-61a-202:   (i) issue a medical cannabis patient card to an individual described in Subsection (2)(a);     (ii) issue a medical cannabis guardian card to an individual described in Subsection (2)(b);     (iii) issue a provisional patient card to a minor described in Subsection (2)(c); and     (iv) issue a medical cannabis caregiver card to an individual described in Subsection 26-61a-202(4).       (b)   (i) Beginning on the earlier of September 1, 2021, or the date on which the electronic verification system is functionally capable of facilitating a conditional medical cannabis card under this Subsection (1)(b), upon the entry of a recommending medical provider's medical cannabis recommendation for a patient in the state electronic verification system, either by the provider or the provider's employee or by a medical cannabis pharmacy medical provider or medical cannabis pharmacy in accordance with Subsection 26-61a-501(11)(a), the department shall issue to the patient an electronic conditional medical cannabis card, in accordance with this Subsection (1)(b).     (ii) A conditional medical cannabis card is valid for the lesser of:   (A) 60 days; or     (B) the day on which the department completes the department's review and issues a medical cannabis card under Subsection (1)(a), denies the patient's medical cannabis card application, or revokes the conditional medical cannabis card under Subsection (8).       (iii) The department may issue a conditional medical cannabis card to an individual applying for a medical cannabis patient card for which approval of the Compassionate Use Board is not required.     (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and obligations under law applicable to a holder of the medical cannabis card for which the individual applies and for which the department issues the conditional medical cannabis card.         (2)   (a) An individual is eligible for a medical cannabis patient card if:   (i)   (A) the individual is at least 21 years old; or     (B) the individual is 18, 19, or 20 years old, the individual petitions the Compassionate Use Board under Section 26-61a-105, and the Compassionate Use Board recommends department approval of the petition;       (ii) the individual is a Utah resident;     (iii) the individual's recommending medical provider recommends treatment with medical cannabis in accordance with Subsection (4);     (iv) the individual signs an acknowledgment stating that the individual received the information described in Subsection (8); and     (v) the individual pays to the department a fee in an amount that, subject to Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504.       (b)   (i) An individual is eligible for a medical cannabis guardian card if the individual:   (A) is at least 18 years old;     (B) is a Utah resident;     (C) is the parent or legal guardian of a minor for whom the minor's qualified medical provider recommends a medical cannabis treatment, the individual petitions the Compassionate Use Board under Section 26-61a-105, and the Compassionate Use Board recommends department approval of the petition;     (D) the individual signs an acknowledgment stating that the individual received the information described in Subsection (9);     (E) pays to the department a fee in an amount that, subject to Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the criminal background check described in Section 26-61a-203; and     (F) the individual has not been convicted of a misdemeanor or felony drug distribution offense under either state or federal law, unless the individual completed any imposed sentence six months or more before the day on which the individual applies for a medical cannabis guardian card.       (ii) The department shall notify the Department of Public Safety of each individual that the department registers for a medical cannabis guardian card.       (c)   (i) A minor is eligible for a provisional patient card if:   (A) the minor has a qualifying condition;     (B) the minor's qualified medical provider recommends a medical cannabis treatment to address the minor's qualifying condition;     (C) one of the minor's parents or legal guardians petitions the Compassionate Use Board under Section 26-61a-105, and the Compassionate Use Board recommends department approval of the petition; and     (D) the minor's parent or legal guardian is eligible for a medical cannabis guardian card under Subsection (2)(b) or designates a caregiver under Subsection (2)(d) who is eligible for a medical cannabis caregiver card under Section 26-61a-202.       (ii) The department shall automatically issue a provisional patient card to the minor described in Subsection (2)(c)(i) at the same time the department issues a medical cannabis guardian card to the minor's parent or legal guardian.       (d) Beginning on the earlier of September 1, 2021, or the date on which the electronic verification system is functionally capable of servicing the designation, if the parent or legal guardian of a minor described in Subsections (2)(c)(i)(A) through (C) does not qualify for a medical cannabis guardian card under Subsection (2)(b), the parent or legal guardian may designate up to two caregivers in accordance with Subsection 26-61a-202(1)(c) to ensure that the minor has adequate and safe access to the recommended medical cannabis treatment.       (3)   (a) An individual who is eligible for a medical cannabis card described in Subsection (2)(a) or (b) shall submit an application for a medical cannabis card to the department:   (i) through an electronic application connected to the state electronic verification system;     (ii) with the recommending medical provider; and     (iii) with information including:   (A) the applicant's name, gender, age, and address;     (B) the number of the applicant's valid form of photo identification;     (C) for a medical cannabis guardian card, the name, gender, and age of the minor receiving a medical cannabis treatment under the cardholder's medical cannabis guardian card; and     (D) for a provisional patient card, the name of the minor's parent or legal guardian who holds the associated medical cannabis guardian card.         (b) The department shall ensure that a medical cannabis card the department issues under this section contains the information described in Subsection (3)(a)(iii).     (c)   (i) If a recommending medical provider determines that, because of age, illness, or disability, a medical cannabis patient cardholder requires assistance in administering the medical cannabis treatment that the recommending medical provider recommends, the recommending medical provider may indicate the cardholder's need in the state electronic verification system, either directly or, for a limited medical provider, through the order described in Subsections 26-61a-106(1)(c) and (d).     (ii) If a recommending medical provider makes the indication described in Subsection (3)(c)(i):   (A) the department shall add a label to the relevant medical cannabis patient card indicating the cardholder's need for assistance;     (B) any adult who is 18 years old or older and who is physically present with the cardholder at the time the cardholder needs to use the recommended medical cannabis treatment may handle the medical cannabis treatment and any associated medical cannabis device as needed to assist the cardholder in administering the recommended medical cannabis treatment; and     (C) an individual of any age who is physically present with the cardholder in the event of an emergency medical condition, as that term is defined in Section 31A-22-627, may handle the medical cannabis treatment and any associated medical cannabis device as needed to assist the cardholder in administering the recommended medical cannabis treatment.       (iii) A non-cardholding individual acting under Subsection (3)(c)(ii)(B) or (C) may not:   (A) ingest or inhale medical cannabis;     (B) possess, transport, or handle medical cannabis or a medical cannabis device outside of the immediate area where the cardholder is present or with an intent other than to provide assistance to the cardholder; or     (C) possess, transport, or handle medical cannabis or a medical cannabis device when the cardholder is not in the process of being dosed with medical cannabis.           (4) To recommend a medical cannabis treatment to a patient or to renew a recommendation, a recommending medical provider shall:   (a) before recommending or renewing a recommendation for medical cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form:   (i) verify the patient's and, for a minor patient, the minor patient's parent or legal guardian's valid form of identification described in Subsection (3)(a);     (ii) review any record related to the patient and, for a minor patient, the patient's parent or legal guardian in:   (A) for a qualified medical provider, the state electronic verification system; and     (B) the controlled substance database created in Section 58-37f-201; and       (iii) consider the recommendation in light of the patient's qualifying condition and history of medical cannabis and controlled substance use during an initial face-to-face visit with the patient; and       (b) state in the recommending medical provider's recommendation that the patient:   (i) suffers from a qualifying condition, including the type of qualifying condition; and     (ii) may benefit from treatment with cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form.         (5)   (a) Except as provided in Subsection (5)(b), a medical cannabis card that the department issues under this section is valid for the lesser of:   (i) an amount of time that the recommending medical provider determines; or     (ii)   (A) six months for the first issuance, and, except as provided in Subsection (5)(a)(ii)(B), for a renewal; or     (B) for a renewal, one year if, after at least one year following the issuance of the original medical cannabis card, the recommending medical provider determines that the patient has been stabilized on the medical cannabis treatment and a one-year renewal period is justified.         (b)   (i) A medical cannabis card that the department issues in relation to a terminal illness described in Section 26-61a-104 does not expire.     (ii) The recommending medical provider may revoke a recommendation that the provider made in relation to a terminal illness described in Section 26-61a-104 if the medical cannabis cardholder no longer has the terminal illness.         (6)   (a) A medical cannabis patient card or a medical cannabis guardian card is renewable if:   (i) at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) or (b); or     (ii) the cardholder received the medical cannabis card through the recommendation of the Compassionate Use Board under Section 26-61a-105.       (b) A cardholder described in Subsection (6)(a) may renew the cardholder's card:   (i) using the application process described in Subsection (3); or     (ii) through phone or video conference with the recommending medical provider who made the recommendation underlying the card, at the qualifying medical provider's discretion.       (c) A cardholder under Subsection (2)(a) or (b) who renews the cardholder's card shall pay to the department a renewal fee in an amount that:   (i) subject to Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and     (ii) may not exceed the cost of the relatively lower administrative burden of renewal in comparison to the original application process.       (d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional patient card renews automatically at the time the minor's parent or legal guardian renews the parent or legal guardian's associated medical cannabis guardian card.       (7)   (a) A cardholder under this section shall carry the cardholder's valid medical cannabis card with the patient's name.     (b)   (i) A medical cannabis patient cardholder or a provisional patient cardholder may purchase, in accordance with this chapter and the recommendation underlying the card, cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device.     (ii) A cardholder under this section may possess or transport, in accordance with this chapter and the recommendation underlying the card, cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device.     (iii) To address the qualifying condition underlying the medical cannabis treatment recommendation:   (A) a medical cannabis patient cardholder or a provisional patient cardholder may use cannabis in a medicinal dosage form, a medical cannabis product in a medicinal dosage form, or a medical cannabis device; and     (B) a medical cannabis guardian cardholder may assist the associated provisional patient cardholder with the use of cannabis in a medicinal dosage form, a medical cannabis product in a medicinal dosage form, or a medical cannabis device.         (c) If a licensed medical cannabis pharmacy is not operating within the state after January 1, 2021, a cardholder under this section:   (i) may possess:   (A) up to the legal dosage limit of unprocessed cannabis in a medicinal dosage form;     (B) up to the legal dosage limit of a cannabis product in a medicinal dosage form; and     (C) marijuana drug paraphernalia; and       (ii) is not subject to prosecution for the possession described in Subsection (7)(c)(i).         (8) The department may revoke a medical cannabis card that the department issues under this section if the cardholder:   (a) violates this chapter; or     (b) is convicted under state or federal law of:   (i) a felony; or     (ii) after March 17, 2021, a misdemeanor for drug distribution.         (9) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to provide information regarding the following to an individual receiving a medical cannabis card:   (a) risks associated with medical cannabis treatment;     (b) the fact that a condition's listing as a qualifying condition does not suggest that medical cannabis treatment is an effective treatment or cure for that condition, as described in Subsection 26-61a-104(1); and     (c) other relevant warnings and safety information that the department determines.       (10) The department may establish procedures by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the application and issuance provisions of this section.     (11)   (a) On or before September 1, 2021, the department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to allow an individual from another state to register with the department in order to purchase medical cannabis or a medical cannabis device from a medical cannabis pharmacy while the individual is visiting the state.     (b) The department may only provide the registration process described in Subsection (11)(a):   (i) to a nonresident patient; and     (ii) for no more than two visitation periods per calendar year of up to 21 calendar days per visitation period.         (12)   (a) A person may submit to the department a request to conduct a research study using medical cannabis cardholder data that the state electronic verification system contains.     (b) The department shall review a request described in Subsection (12)(a) to determine whether an institutional review board, as that term is defined in Section 26-61-102, could approve the research study.     (c) At the time an individual applies for a medical cannabis card, the department shall notify the individual:   (i) of how the individual's information will be used as a cardholder;     (ii) that by applying for a medical cannabis card, unless the individual withdraws consent under Subsection (12)(d), the individual consents to the use of the individual's information for external research; and     (iii) that the individual may withdraw consent for the use of the individual's information for external research at any time, including at the time of application.       (d) An applicant may, through the medical cannabis card application, and a medical cannabis cardholder may, through the state central patient portal, withdraw the applicant's or cardholder's consent to participate in external research at any time.     (e) The department may release, for the purposes of a study described in this Subsection (12), information about a cardholder under this section who consents to participate under Subsection (12)(c).     (f) If an individual withdraws consent under Subsection (12)(d), the withdrawal of consent:   (i) applies to external research that is initiated after the withdrawal of consent; and     (ii) does not apply to research that was initiated before the withdrawal of consent.       (g) The department may establish standards for a medical research study's validity, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.       (13) The department shall record the issuance or revocation of a medical cannabis card under this section in the controlled substance database.    Amended by Chapter 17, 2021 General SessionAmended by Chapter 337, 2021 General SessionRevisor instructions Chapter 337, 2021 General SessionAmended by Chapter 350, 2021 General Session