reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 105 - Unlawful acts.

Effective 5/3/2023
4-41-105.
Unlawful acts.
(1) It is unlawful for a person to handle, process, or market living industrial hemp plants, viable hemp seeds, leaf materials, or floral materials derived from industrial hemp without the appropriate license or permit issued by the department under this chapter.
(2) It is unlawful for any person to:
(a) distribute, sell, or market a cannabinoid product that is:
(i) not registered with the department under Section 4-41-104; or
(ii) noncompliant material;
(b) transport into or out of the state extracted material or final product that contains 0.3% or more of total THC;
(c) sell or use a cannabinoid product that is:
(i) added to a conventional food or beverage, as the department further defines in rules described in Section 4-41-403;
(ii) marketed or manufactured to be enticing to children, as further defined in rules described in Section 4-41-403; or
(iii) smokable flower; or
(d) knowingly or intentionally sell or give a cannabinoid product that contains THC or a THC analog in the course of business to an individual who is not at least 21 years old.
(3) The department may seize and destroy non-compliant material.
(4) Nothing in this chapter authorizes any person to violate federal law, regulation, or any provision of this title.
Amended by Chapter 146, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 106 - Enforcement -- Fine -- Citation.

Effective 5/3/2023
4-41-106.
Enforcement -- Fine -- Citation.
(1) If a person violates this part, the department may:
(a) revoke the person's license or permit;
(b) decline to renew the person's license or permit; or
(c) assess the person a civil penalty that the department establishes in accordance with Section 4-2-304.
(2) Except for a fine that the department assesses for an unlicensed processor, an unregistered product, or the sale of a cannabinoid product to an individual younger than 21 years old, the department shall deposit a penalty imposed under this section into the General Fund.
(3) The department may take an action described in Subsection (4) if the department concludes, upon investigation, that a person has violated this chapter, a rule made under this chapter, or an order issued under this chapter.
(4) If the department makes the conclusion described in Subsection (3), the department shall:
(a) issue the person a written administrative citation;
(b) attempt to negotiate a stipulated settlement;
(c) seize, embargo, or destroy the industrial hemp batch or unregistered product;
(d) order the person to cease the violation; and
(e) if a stipulated settlement cannot be reached, conduct an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.
(5) The department may, for a person, other than an individual, that is subject to an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding under this section, for a fine amount not already specified in law, assess the person a fine of up to $5,000 per violation, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) The department may not revoke a cannabinoid processor license, an industrial hemp retailer's permit, or an industrial hemp laboratory permit without first giving the person the opportunity to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(7) If, within 30 calendar days after the day on which a department serves a citation for a violation of this chapter, the person that is the subject of the citation fails to request a hearing to contest the citation, the citation becomes the department's final order.
(8) The department may, for a person who fails to comply with a citation under this section:
(a) refuse to issue or renew the person's processor license, retailer permit, or laboratory permit; or
(b) suspend, revoke, or place on probation the person's processor license, retailer permit, or laboratory permit.
Amended by Chapter 146, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 4 - Cannabinoid Product Act › Section 402 - Cannabinoid sales and use authorized.

Effective 5/3/2023
4-41-402.
Cannabinoid sales and use authorized.
(1) The sale or use of a cannabinoid product is prohibited:
(a) except as provided in this chapter; or
(b) unless the United States Food and Drug Administration approves the product.
(2) The department shall keep a list of registered cannabinoid products that the department has determined, in accordance with Section 4-41-403, are safe for human consumption.
(3)
(a) A person may sell or use a cannabinoid product that is in the list of registered cannabinoid products described in Subsection (2).
(b) An individual may use cannabidiol or a cannabidiol product that is not in the list of registered cannabinoid products described in Subsection (2) if:
(i) the individual purchased the product outside the state; and
(ii) the product's contents do not violate Title 58, Chapter 37, Utah Controlled Substances Act.
(4) Any marketing for a cannabinoid product shall include a notice to consumers that the product is hemp or CBD and is not cannabis or medical cannabis, as those terms are defined in Section 26B-4-201.
(5) A cannabinoid product that is designed to be inhaled shall include a warning on the label regarding the possible health effects of inhaling cannabinoid products.
Amended by Chapter 146, 2023 General Session
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 4 - Cannabinoid Product Act › Section 403 - Standards for registration.

Effective 5/3/2023
4-41-403.
Standards for registration.
(1)
(a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) to determine standards for a registered cannabinoid product, including standards for:
(A) testing to ensure the product is safe for human consumption; and
(B) accurate labeling;
(ii) governing an entity that manufactures cannabinoid products, including standards for health and safety;
(iii) to determine when and how a cannabinoid processor's cannabinoid must be tested by the department at the expense of the cannabinoid processor;
(iv) regarding what constitutes:
(A) a conventional food or beverage; and
(B) a product that is marketed or manufactured to be enticing to children; and
(v) regarding any other issue the department considers necessary for the safe production and sale of cannabinoid products.
(b) Notwithstanding Subsection (1)(a), the department may not prohibit a sugar coating on a cannabinoid product to mask the product's taste, subject to the limitations described in Subsection (1)(a)(iv) or (v).
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to immediately ban or limit the presence of any substance in a cannabinoid product after receiving a recommendation to do so from a public health authority as defined in Section 26B-1-102.
(3) The department shall set a fee for a registered cannabinoid product, in accordance with Section 4-2-103.
(4)
(a) A producer, manufacturer, or distributor of a cannabinoid product may pay the fee described in Subsection (3).
(b) A cannabinoid product may not be registered with the department until the fee described in Subsection (3) is paid.
(5) The department shall set an administrative fine, larger than the fee described in Subsection (3), for a person who sells a cannabinoid product that is not registered by the department.
Amended by Chapter 146, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 4 - Cannabinoid Product Act › Section 404 - Department duties.

Effective 5/14/2019
4-41-404.
Department duties.
The department shall assess the fine described in Subsection 4-41-403(4) against any person who offers an unregistered cannabinoid product for sale in this state.
Amended by Chapter 23, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 1 - General Provisions › Section 104 - Qualified Production Enterprise Fund -- Creation -- Revenue neutrality.

Effective 12/3/2018
4-41a-104.
Qualified Production Enterprise Fund -- Creation -- Revenue neutrality.
(1) There is created an enterprise fund known as the "Qualified Production Enterprise Fund."
(2) The fund created in this section is funded from:
(a) money the department deposits into the fund under this chapter;
(b) appropriations the Legislature makes to the fund; and
(c) the interest described in Subsection (3).
(3) Interest earned on the Qualified Production Enterprise Fund shall be deposited into the fund.
(4) The department may only use money in the fund to fund the department's implementation of this chapter.
(5) The department shall set fees authorized under this chapter in amounts that the department anticipates are necessary, in total, to cover the department's cost to implement this chapter.
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 1 - General Provisions › Section 105 - Agreement with a tribe.

Effective 7/1/2023
4-41a-105.
Agreement with a tribe.
(1) As used in this section, "tribe" means a federally recognized Indian tribe or Indian band.
(2)
(a) In accordance with this section, the governor may enter into an agreement with a tribe to allow for the operation of a cannabis production establishment or a medical cannabis pharmacy on tribal land located within the state.
(b) An agreement described in Subsection (2)(a) may not exempt any person from the requirements of this chapter.
(c) The governor shall ensure that an agreement described in Subsection (2)(a):
(i) is in writing;
(ii) is signed by:
(A) the governor; and
(B) the governing body of the tribe that the tribe designates and has the authority to bind the tribe to the terms of the agreement;
(iii) states the effective date of the agreement;
(iv) provides that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute; and
(v) includes any accommodation that the tribe makes:
(A) to which the tribe agrees; and
(B) that is reasonably related to the agreement.
(d) Before executing an agreement under this Subsection (2), the governor shall consult with the department.
(e) At least 30 days before the execution of an agreement described in this Subsection (2), the governor or the governor's designee shall provide a copy of the agreement in the form in which the agreement will be executed to:
(i) the chairs of the Native American Legislative Liaison Committee; and
(ii) the Office of Legislative Research and General Counsel.
Amended by Chapter 273, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 1 - General Provisions › Section 106 - Severability clause.

Effective 12/3/2018
4-41a-106.
Severability clause.
(1) If a final decision of a court of competent jurisdiction holds invalid any provision of this title or Laws of Utah 2018, Third Special Session, Chapter 1 or the application of any provision of this title or Laws of Utah 2018, Third Special Session, Chapter 1 to any person or circumstance, the remaining provisions of this title and Laws of Utah 2018, Third Special Session, Chapter 1 remain effective without the invalidated provision or application.
(2) The provisions of this title and Laws of Utah 2018, Third Special Session, Chapter 1 are severable.
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 1 - General Provisions › Section 107 - Notice to prospective and current public employees.

Effective 7/1/2021
4-41a-107.
Notice to prospective and current public employees.
(1)
(a) A state employer or a political subdivision employer shall take the action described in Subsection (1)(b) before:
(i) giving to a current employee an assignment or duty that arises from or directly relates to an obligation under this chapter; or
(ii) hiring a prospective employee whose assignments or duties would include an assignment or duty that arises from or directly relates to an obligation under this chapter.
(b) The employer described in Subsection (1)(a) shall give the employee or prospective employee described in Subsection (1)(a) a written notice that notifies the employee or prospective employee:
(i) that the employee's or prospective employee's job duties may require the employee or prospective employee to engage in conduct which is in violation of the criminal laws of the United States; and
(ii) that in accepting a job or undertaking a duty described in Subsection (1)(a), although the employee or prospective employee is entitled to the protections of Title 67, Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to carry out an assignment or duty that may be a violation of the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis.
(2) The Division of Human Resource Management shall create, revise, and publish the form of the notice described in Subsection (1).
(3) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice described in Subsection (1) may not:
(a) claim in good faith that the employee's actions violate or potentially violate the laws of the United States with respect to the manufacture, sale, or distribution of cannabis; or
(b) refuse to carry out a directive that the employee reasonably believes violates the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis.
(4) An employer of an employee who has signed the notice described in Subsection (1) may not take retaliatory action as defined in Section 67-19a-101 against a current employee who refuses to sign the notice described in Subsection (1).
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 1 - General Provisions › Section 108 - Payment provider for electronic medical cannabis transactions.

Effective 7/1/2023
4-41a-108.
Payment provider for electronic medical cannabis transactions.
(1) A cannabis production establishment, a medical cannabis pharmacy, or a prospective home delivery medical cannabis pharmacy seeking to use a payment provider shall submit to the Division of Finance and the state treasurer information regarding the payment provider the prospective licensee will use to conduct financial transactions related to medical cannabis, including:
(a) the name and contact information of the payment provider;
(b) the nature of the relationship between the establishment, pharmacy, or prospective pharmacy and the payment provider; and
(c) for a prospective home delivery medical cannabis pharmacy, the processes the prospective licensee and the payment provider have in place to safely and reliably conduct financial transactions for medical cannabis shipments.
(2) The Division of Finance shall, in consultation with the state treasurer:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish standards for identifying payment providers that demonstrate the functional and technical ability to safely conduct financial transactions related to medical cannabis, including medical cannabis shipments;
(b) review submissions the Division of Finance and the state treasurer receive under Subsection (1);
(c) approve a payment provider that meets the standards described in Subsection (2)(a); and
(d) establish a list of approved payment providers.
(3) Any licensed cannabis production establishment, licensed medical cannabis pharmacy, or medical cannabis courier may use a payment provider that the Division of Finance approves, in consultation with the state treasurer, to conduct transactions related to the establishment's, pharmacy's, or courier's respective medical cannabis business.
(4) If Congress passes legislation that allows a cannabis-related business to facilitate payments through or deposit funds in a financial institution, a cannabis production establishment or a medical cannabis pharmacy may facilitate payments through or deposit funds in a financial institution in addition to or instead of a payment provider that the Division of Finance approves, in consultation with the state treasurer, under this section.
Renumbered and Amended by Chapter 273, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 1 - General Provisions › Section 109 - Advertising.

Effective 7/1/2023
4-41a-109.
Advertising.
(1) Except as provided in this chapter, a person may not advertise regarding the recommendation, sale, dispensing, or transportation of medical cannabis, including:
(a) a promotional discount or incentive;
(b) a particular medical cannabis product, medical cannabis device, medical cannabis brand, or medicinal dosage form; or
(c) an assurance of a medical outcome related to a medical cannabis treatment.
(2) Notwithstanding Subsection (1):
(a) a nonprofit organization that offers financial assistance for medical cannabis treatment to low-income patients may advertise the organization's assistance if the advertisement does not relate to a specific medical cannabis pharmacy or a specific medical cannabis product; and
(b) a medical cannabis pharmacy may provide information regarding subsidies for the cost of medical cannabis treatment to patients who affirmatively accept receipt of the subsidy information.
(3) To ensure that the name and logo of a licensee under this chapter have a medical rather than a recreational disposition, the name and logo of the licensee:
(a) may include terms and images associated with:
(i) a medical disposition, including "medical," "medicinal," "medicine," "pharmacy," "apothecary," "wellness," "therapeutic," "health," "care," "cannabis," "clinic," "compassionate," "relief," "treatment," and "patient;" or
(ii) the plant form of cannabis, including "leaf," "flower," and "bloom;" and
(b) may not include:
(i) any term, statement, design representation, picture, or illustration that is associated with a recreational disposition or that appeals to children;
(ii) an emphasis on a psychoactive ingredient;
(iii) a specific cannabis strain; or
(iv) terms related to recreational marijuana, including "weed," "pot," "reefer," "grass," "hash," "ganga," "Mary Jane," "high," "buzz," "haze," "stoned," "joint," "bud," "smoke," "euphoria," "dank," "doobie," "kush," "frost," "cookies," "rec," "bake," "blunt," "combust," "bong," "budtender," "dab," "blaze," "toke," or "420."
(4) The department shall define standards for advertising authorized under this chapter, including names and logos in accordance with Subsection (3), to ensure a medical rather than recreational disposition.
Renumbered and Amended by Chapter 273, 2023 General Session
Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Amended by Chapter 317, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 1 - General Provisions › Section 110 - Department coordination with the advisory board.

Effective 5/3/2023
4-41a-110.
Department coordination with the advisory board.
The department shall:
(1) provide draft rules made under this chapter to the advisory board for the advisory board's review;
(2) consult with the advisory board before issuing an additional:
(a) cultivation facility license under Section 4-41a-205; or
(b) pharmacy license under Section 4-41a-1005;
(3) consult with the advisory board regarding fees set by the department that pertain to the medical cannabis program; and
(4) when appropriate, consult with the advisory board regarding issues that arise in the medical cannabis program.
Enacted by Chapter 273, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 2 - Cannabis Production Establishment › Section 202 - Cannabis production establishment owners and directors -- Criminal background checks.

Effective 12/3/2018
4-41a-202.
Cannabis production establishment owners and directors -- Criminal background checks.
(1) Each applicant for a license as a cannabis production establishment shall submit to the department, at the time of application, from each individual who has a financial or voting interest of 2% or greater in the applicant or who has the power to direct or cause the management or control of the applicant:
(a) a fingerprint card in a form acceptable to the Department of Public Safety;
(b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and
(c) consent to a fingerprint background check by:
(i) the Utah Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
(2) The Bureau of Criminal Identification shall:
(a) check the fingerprints the applicant submits under Subsection (1) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;
(b) report the results of the background check to the department;
(c) maintain a separate file of fingerprints that applicants submit under Subsection (1) for search by future submissions to the local and regional criminal records databases, including latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.
(3) The department shall:
(a) assess an individual who submits fingerprints under Subsection (1) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal Identification.
Renumbered and Amended by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 2 - Cannabis Production Establishment › Section 203 - Renewal.

Effective 3/23/2022
4-41a-203.
Renewal.
The department shall renew a license issued under Section 4-41a-201 every year if:
(1) the licensee meets the requirements of Section 4-41a-201 at the time of renewal;
(2) the board does not identify:
(a) a significant failure of compliance with this chapter or department rules in the review described in Section 4-41a-201.1; or
(b) grounds for revocation described in Subsections 4-41a-201(9)(b) through (g);
(3) the licensee pays the department a license renewal fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and
(4) if the cannabis production establishment changes the operating plan described in Section 4-41a-204 that the department or licensing board approved under Subsection 4-41a-201(2)(b)(iii), the department approves the new operating plan.
Amended by Chapter 290, 2022 General Session
Amended by Chapter 350, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 2 - Cannabis Production Establishment › Section 205 - Number of licenses -- Cannabis cultivation facilities.

Effective 2/28/2020
4-41a-205.
Number of licenses -- Cannabis cultivation facilities.
(1) Except as provided in Subsection (2)(a), the department shall issue at least five but not more than eight licenses to operate a cannabis cultivation facility.
(2)
(a) The department may issue a number of licenses to operate a cannabis cultivation facility that, in addition to the licenses described in Subsection (1), does not cause the total number of licenses to exceed 15 if the department determines, in consultation with the Department of Health 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.
(b) If the recipient of one of the initial licenses described in Subsection (1) ceases operations for any reason or otherwise abandons the license, the department may but is not required to grant the vacant license to another applicant based on an analysis as described in Subsection (2)(a).
(3) If there are more qualified applicants than the number of available licenses for cannabis cultivation facilities under Subsections (1) and (2), the department shall evaluate the applicants and award the limited number of licenses described in Subsections (1) and (2) to the applicants that best demonstrate:
(a) experience with establishing and successfully operating a business that involves:
(i) complying with a regulatory environment;
(ii) tracking inventory; and
(iii) 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; and
(d) the extent to which the applicant can increase efficiency and reduce the cost to patients of medical cannabis.
(4) The department may conduct a face-to-face interview with an applicant for a license that the department evaluates under Subsection (3).
Amended by Chapter 12, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 4 - General Cannabis Production Establishment Operating Requirements › Section 401 - Cannabis production establishment -- General operating requirements.

Effective 12/3/2018
4-41a-401.
Cannabis production establishment -- General operating requirements.
(1)
(a) A cannabis production establishment shall operate in accordance with the operating plan described in Sections 4-41a-201 and 4-41a-204.
(b) A cannabis production establishment shall notify the department before a change in the cannabis production establishment's operating plan.
(c)
(i) If a cannabis production establishment changes the cannabis production establishment's operating plan, the establishment shall ensure that the new operating plan complies with this chapter.
(ii) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to:
(A) review a change notification described in Subsection (1)(b);
(B) identify for the cannabis production establishment each point of noncompliance between the new operating plan and this chapter;
(C) provide an opportunity for the cannabis production establishment to address each identified point of noncompliance; and
(D) suspend or revoke a license if the cannabis production establishment fails to cure the noncompliance.
(2) A cannabis production establishment shall operate:
(a) except as provided in Subsection (5), in a facility that is accessible only by an individual with a valid cannabis production establishment agent registration card issued under Section 4-41a-301; and
(b) at the physical address provided to the department under Section 4-41a-201.
(3) A cannabis production establishment may not employ an individual who is younger than 21 years old.
(4) A cannabis production establishment may not employ an individual who has been convicted, under state or federal law, of:
(a) a felony; or
(b) after December 3, 2018, a misdemeanor for drug distribution.
(5) A cannabis production establishment may authorize an individual who is at least 18 years old and is not a cannabis production establishment agent to access the cannabis production establishment if the cannabis production establishment:
(a) tracks and monitors the individual at all times while the individual is at the cannabis production establishment; and
(b) maintains a record of the individual's access, including arrival and departure.
(6) A cannabis production establishment 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 cannabis production establishment; and
(ii) provides notice of an unauthorized entry to law enforcement when the cannabis production establishment is closed; and
(c) a lock or equivalent restrictive security feature on any area where the cannabis production establishment stores cannabis or a cannabis product.
Renumbered and Amended by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 4 - General Cannabis Production Establishment Operating Requirements › Section 402 - Inspections.

Effective 12/3/2018
4-41a-402.
Inspections.
(1) The department may inspect the records and facility of a cannabis production establishment at any time during business hours to determine if the cannabis production establishment complies with this chapter.
(2)
(a) An inspection under this section may include:
(i) inspection of a site, facility, vehicle, book, record, paper, document, data, and other physical or electronic information;
(ii) questioning of any relevant individual;
(iii) observation of an independent cannabis testing laboratory's methods, standards, practices, and procedures;
(iv) the taking of a specimen of cannabis or cannabis products sufficient for testing purposes; or
(v) inspection of equipment, an instrument, a tool, or machinery, including a container or label.
(b) Notwithstanding Section 4-41a-404, an authorized department employee may possess and transport a specimen of cannabis or cannabis products for testing described in Subsection (2)(a).
(3) In making an inspection under this section, the department may freely access any area and review and make copies of a book, record, paper, document, data, or other physical or electronic information, including financial data, sales data, shipping data, pricing data, and employee data.
(4) Failure to provide the department or the department's authorized agents immediate access to records and facilities during business hours in accordance with this section may result in:
(a) the imposition of a civil monetary penalty that the department sets in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) license or registration suspension or revocation; or
(c) an immediate cessation of operations under a cease and desist order that the department issues.
Renumbered and Amended by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 4 - General Cannabis Production Establishment Operating Requirements › Section 403 - Advertising.

Effective 5/3/2023
4-41a-403.
Advertising.
(1) Except as provided in this section, a cannabis production establishment may not advertise to the general public in any medium.
(2) A cannabis production establishment may advertise an employment opportunity at the cannabis production establishment.
(3) A cannabis production establishment may maintain a website that:
(a) contains information about the establishment and employees; and
(b) does not advertise any medical cannabis, cannabis products, or medical cannabis devices.
(4)
(a) Notwithstanding any municipal or county ordinance prohibiting signage, a cannabis production establishment may use signage on the outside of the cannabis production establishment that:
(i) includes only:
(A) in accordance with Subsection (4)(b), the cannabis production establishment's name, logo, and hours of operation; and
(B) a green cross; and
(ii) complies with local ordinances regulating signage.
(b) The department shall define standards for a cannabis production establishment's name and logo to ensure a medical rather than recreational disposition.
(5)
(a) A cannabis production establishment may hold an educational event for the public or medical providers in accordance with this Subsection (5) and the rules described in Subsection (5)(c).
(b) A cannabis production establishment may not include in an educational event described in Subsection (5)(a):
(i) any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;
(ii) any gift items or merchandise other than educational materials, as those terms are defined by the department;
(iii) any marketing for a specific product from the cannabis production establishment or any other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or
(iv) a presenter other than the following:
(A) a cannabis production establishment agent;
(B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(C) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act;
(D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or
(F) a state employee.
(c) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define the elements of and restrictions on the educational event described in Subsection (5)(a), including a minimum age of 21 years old for attendees.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 4 - General Cannabis Production Establishment Operating Requirements › Section 405 - Excess and disposal.

Effective 12/3/2018
4-41a-405.
Excess and disposal.
(1) As used in this section, "medical cannabis waste" means waste and unused material from the cultivation and production of medical cannabis.
(2) A cannabis production establishment shall:
(a) render medical cannabis waste unusable and unrecognizable before transporting the medical cannabis waste from the cannabis production establishment; and
(b) dispose of medical cannabis waste in accordance with:
(i) federal and state laws, rules, and regulations related to hazardous waste;
(ii) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
(iii)Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
(iv) other regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) An individual may not transport or dispose of medical cannabis waste other than as provided in this section.
Enacted by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 4 - General Cannabis Production Establishment Operating Requirements › Section 406 - Local control.

Effective 5/3/2023
4-41a-406.
Local control.
(1) As used in this section:
(a) "Land use decision" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(b) "Land use permit" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(c) "Land use regulation" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(2)
(a) If a municipality's or county's zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use.
(b) If a municipality's or county's zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use.
(c) The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.
(3) A municipality or county may not:
(a) on the sole basis that the applicant or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:
(i) a land use permit to operate a cannabis production facility; or
(ii) a business license to operate a cannabis production facility;
(b) require a certain distance between a cannabis production establishment and:
(i) another cannabis production establishment;
(ii) a medical cannabis pharmacy;
(iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-501; or
(iv) an outlet, as that term is defined in Section 32B-1-202; or
(c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), enforce a land use regulation against a cannabis production establishment that was not in effect on the day on which the cannabis production establishment submitted a complete land use application.
(4) An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in:
(a)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and
(b)Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 5 - Cannabis Cultivation Facility Operating Requirements › Section 501 - Cannabis cultivation facility -- Operating requirements.

Effective 5/3/2023
4-41a-501.
Cannabis cultivation facility -- Operating requirements.
(1) A cannabis cultivation facility shall ensure that any cannabis growing at the cannabis cultivation facility is not visible from the ground level of the cannabis cultivation facility perimeter.
(2) A cannabis cultivation facility shall use a unique identifier that is connected to the facility's inventory control system to identify:
(a) beginning at the time a cannabis plant is eight inches tall and has a root ball, each cannabis plant;
(b) each unique harvest of cannabis plants;
(c) each batch of cannabis the facility transfers to a medical cannabis pharmacy, a cannabis processing facility, or an independent cannabis testing laboratory; and
(d) any excess, contaminated, or deteriorated cannabis of which the cannabis cultivation facility disposes.
(3) A cannabis cultivation facility shall identify cannabis biomass as cannabis byproduct or cannabis plant product before transferring the cannabis biomass from the facility.
(4) A cannabis cultivation facility shall either:
(a) ensure that a cannabis processing facility chemically or physically processes cannabis cultivation byproduct to produce a cannabis concentrate for incorporation into cannabis derivative products; or
(b) destroy cannabis cultivation byproduct in accordance with Section 4-41a-405.
Amended by Chapter 313, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 5 - Cannabis Cultivation Facility Operating Requirements › Section 502 - Cannabis -- Labeling and child-resistant packaging.

Effective 3/23/2022
4-41a-502.
Cannabis -- Labeling and child-resistant packaging.
(1) For any cannabis that a cannabis cultivation facility cultivates or otherwise produces and subsequently ships to another cannabis production establishment, the facility shall:
(a) label the cannabis with a label that has a unique batch identification number that is connected to the inventory control system; and
(b) package the cannabis in a container that is:
(i) tamper evident; and
(ii) not appealing to children.
(2) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to further define standards regarding containers that may appeal to children under Subsection (1)(b)(ii).
Amended by Chapter 290, 2022 General Session
Renumbered and Amended by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 6 - Cannabis Processing Facility Operating Requirements › Section 601 - Cannabis processing facility -- Operating requirements -- General.

Effective 12/3/2018
4-41a-601.
Cannabis processing facility -- Operating requirements -- General.
A cannabis processing facility shall ensure that a cannabis product the cannabis processing facility sells complies with the requirements of this part.
Renumbered and Amended by Chapter 1, 2018 Special Session 3
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 6 - Cannabis Processing Facility Operating Requirements › Section 603 - Cannabis product -- Product quality.

Effective 5/3/2023
4-41a-603.
Cannabis product -- Product quality.
(1) A cannabis processing facility:
(a) may not produce a cannabis product in a physical form that:
(i) the facility knows or should know appeals to children;
(ii) is designed to mimic or could be mistaken for a candy product; or
(iii) for a cannabis product used in vaporization, includes a candy-like flavor or another flavor that the facility knows or should know appeals to children;
(b) notwithstanding Subsection (1)(a)(iii), may produce a concentrated oil with a flavor that the department approves to facilitate minimizing the taste or odor of cannabis; and
(c) shall ensure that batch heavy metal testing is conducted on any vaporizer cartridge that is used with a cannabis product.
(2) A cannabis product may vary in the cannabis product's labeled cannabinoid profile by up to 10% of the indicated amount of a given cannabinoid, by weight.
(3) A cannabis processing facility shall isolate any artificially derived cannabinoid to a purity of greater than 95%, as determined by an independent cannabis testing laboratory using liquid chromatography-mass spectroscopy or an equivalent method.
(4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) adopt human safety standards for the manufacturing of cannabis products that are consistent with best practices for the use of cannabis; and
(b) further define standards regarding products that may appeal to children under Subsection (1)(a).
(5) Nothing in this section prohibits a sugar coating on a gelatinous cube, gelatinous rectangular cuboid, or lozenge to mask the product's taste, subject to the limitations on form and appearance described in Subsections (1)(a) and (4)(b).
Amended by Chapter 313, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 7 - Independent Cannabis Testing Laboratories › Section 701 - Cannabis and cannabis product testing.

Effective 5/3/2023
4-41a-701.
Cannabis and cannabis product testing.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to:
(a) determine required adulterant tests for a cannabis plant product, cannabis concentrate, or cannabis product;
(b) determine the amount of any adulterant that is safe for human consumption;
(c) immediately ban or limit the presence of any ingredient in a medical cannabis product after receiving a recommendation to do so from a public health authority under Section 26B-1-102;
(d) establish protocols for a recall of cannabis or a cannabis product by a cannabis production establishment; or
(e) allow the propagation of testing results forward to derived product if the processing steps the cannabis production establishment uses to produce the product are unlikely to change the results of the test.
(2) The department may require testing for a toxin if:
(a) the department receives information indicating the potential presence of a toxin; or
(b) the department's inspector has reason to believe a toxin may be present based on the inspection of a facility.
(3)
(a) A cannabis production establishment may not:
(i) incorporate cannabis concentrate into a cannabis derivative product until an independent cannabis testing laboratory tests the cannabis concentrate in accordance with department rule; or
(ii) transfer cannabis or a cannabis product to a medical cannabis pharmacy until an independent cannabis testing laboratory tests a representative sample of the cannabis or cannabis product in accordance with department rule.
(b) A medical cannabis pharmacy may not offer any cannabis or cannabis product for sale unless an independent cannabis testing laboratory has tested a representative sample of the cannabis or cannabis product in accordance with department rule.
(4) Before the sale of a cannabis product, an independent cannabis testing laboratory shall:
(a) identify and quantify any cannabinoid known to be present in a cannabis product; and
(b) test terpene profiles for the following products:
(i) raw cannabis; or
(ii) a cannabis product:
(A) contained in a vaporizer cartridge; or
(B) in concentrate form; and
(c) record the five highest terpene profiles tested under Subsection (4)(b).
(5) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the testing of cannabis and cannabis products by independent cannabis testing laboratories.
(6) The department may require an independent cannabis testing laboratory to participate in a proficiency evaluation that the department conducts or that an organization that the department approves conducts.
Amended by Chapter 313, 2023 General Session
Amended by Chapter 317, 2023 General Session