2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 8 - Enforcement and Report › Section 801.1 - Enforcement for medical cannabis pharmacies and couriers -- Fine -- Citation.

Effective 7/1/2023
4-41a-801.1.
Enforcement for medical cannabis pharmacies and couriers -- Fine -- Citation.
(1)
(a) The department may, for a medical cannabis pharmacy's or a medical cannabis courier's violation of this chapter or an applicable administrative rule:
(i) revoke the medical cannabis pharmacy or medical cannabis courier license;
(ii) refuse to renew the medical cannabis pharmacy or medical cannabis courier license; or
(iii) assess the medical cannabis pharmacy or medical cannabis courier an administrative penalty.
(b) The department may, for a medical cannabis pharmacy agent's or medical cannabis courier agent's violation of this chapter:
(i) revoke the medical cannabis pharmacy agent or medical cannabis courier agent registration card;
(ii) refuse to renew the medical cannabis pharmacy agent or medical cannabis courier agent registration card; or
(iii) assess the medical cannabis pharmacy agent or medical cannabis courier agent an administrative penalty.
(2) The department shall deposit an administrative penalty imposed under this section into the General Fund.
(3) For a person subject to an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding under this section, the department may:
(a) 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; or
(b) order the person to cease and desist from the action that creates a violation.
(4) The department may not revoke a medical cannabis pharmacy's license or a medical cannabis courier's license without first directing the medical cannabis pharmacy or the medical cannabis courier to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(5) If, within 20 calendar days after the day on which the department issues 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.
(6) 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 license or agent registration card; or
(b) suspend, revoke, or place on probation the person's license or agent registration card.
(7)
(a) Except where a criminal penalty is expressly provided for a specific violation of this chapter, if an individual violates a provision of this chapter, the individual is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(b) An individual who is guilty of a violation described in Subsection (7)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (7)(a).
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)