Utah Code § 4-41a-102

Current through the 2024 Fourth Special Session

Section 4-41a-102 - Definitions

As used in this chapter:

(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be injurious to health, including:

(a) pesticides;

(b) heavy metals;

(c) solvents;

(d) microbial life;

(e) artificially derived cannabinoid;

(f) toxins; or

(g) foreign matter.

(2) "Advertise" or "advertising" means information provided by a person in any medium:

(a) to the public; and

(b) that is not age restricted to an individual who is at least 21 years old.

(3) "Advisory board" means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435.

(4)

(a) "Anticompetitive business practice" means any practice that reduces the amount of competition in the medical cannabis market that would be considered an attempt to monopolize, as defined in Section 76-10-3103.

(b) "Anticompetitive business practice" may include:

(i) agreements that may be considered unreasonable when competitors interact to the extent that they are:

(A) no longer acting independently; or

(B) when collaborating are able to wield market power together;

(ii) monopolizing or attempting to monopolize trade by:

(A) acting to maintain or acquire a dominant position in the market; or

(B) preventing new entry into the market; or

(iii) other conduct outlined in rule.

(5)

(a) "Artificially derived cannabinoid" means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant.

(b) "Artificially derived cannabinoid" does not include:

(i) a naturally occurring chemical substance that is separated from the cannabis plant by a chemical or mechanical extraction process; or

(ii) a cannabinoid that is produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst.

(6) "Cannabis Research Review Board" means the Cannabis Research Review Board created in Section 26B-1-420.

(7) "Cannabis" means the same as that term is defined in Section 26B-4-201.

(8) "Cannabis concentrate" means:

(a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; and

(b) any amount of a natural cannabinoid or artificially derived cannabinoid in an artificially derived cannabinoid's purified state.

(9) "Cannabis cultivation byproduct" means any portion of a cannabis plant that is not intended to be sold as a cannabis plant product.

(10) "Cannabis cultivation facility" means a person that:

(a) possesses cannabis;

(b) grows or intends to grow cannabis; and

(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee.

(11) "Cannabis cultivation facility agent" means an individual who holds a valid cannabis production establishment agent registration card with a cannabis cultivation facility designation.

(12) "Cannabis derivative product" means a product made using cannabis concentrate.

(13) "Cannabis plant product" means any portion of a cannabis plant intended to be sold in a form that is recognizable as a portion of a cannabis plant.

(14) "Cannabis processing facility" means a person that:

(a) acquires or intends to acquire cannabis from a cannabis production establishment;

(b) possesses cannabis with the intent to manufacture a cannabis product;

(c) manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and

(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee.

(15) "Cannabis processing facility agent" means an individual who holds a valid cannabis production establishment agent registration card with a cannabis processing facility designation.

(16) "Cannabis product" means the same as that term is defined in Section 26B-4-201.

(17) "Cannabis production establishment" means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.

(18) "Cannabis production establishment agent" means a cannabis cultivation facility agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent.

(19) "Cannabis production establishment agent registration card" means a registration card that the department issues that:

(a) authorizes an individual to act as a cannabis production establishment agent; and

(b) designates the type of cannabis production establishment for which an individual is authorized to act as an agent.

(20) "Closed-door medical cannabis pharmacy" means a facility operated by a home delivery medical cannabis pharmacy for delivering cannabis or a medical cannabis product.

(21) "Community location" means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park.

(22) "Cultivation space" means, quantified in square feet, the horizontal area in which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other plants in multiple levels.

(23) "Delivery address" means:

(a) for a medical cannabis cardholder who is not a facility:

(i) the medical cannabis cardholder's home address; or

(ii) an address designated by the medical cannabis cardholder that:

(A) is the medical cannabis cardholder's workplace; and

(B) is not a community location; or

(b) for a medical cannabis cardholder that is a facility, the facility's address.

(24) "Department" means the Department of Agriculture and Food.

(25) "Family member" means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.

(26) "Government issued photo identification" means the same as that term is defined in Section 26B-4-201, including expired identification in accordance with Section 26B-4-244.

(27) "Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates.

(28)

(a) "Independent cannabis testing laboratory" means a person that:

(i) conducts a chemical or other analysis of cannabis or a cannabis product; or

(ii) acquires, possesses, and transports cannabis or a cannabis product with the intent to conduct a chemical or other analysis of the cannabis or cannabis product.

(b) "Independent cannabis testing laboratory" includes a laboratory that the department or a research university operates in accordance with Subsection 4-41a-201(14).

(29) "Independent cannabis testing laboratory agent" means an individual who holds a valid cannabis production establishment agent registration card with an independent cannabis testing laboratory designation.

(30) "Inventory control system" means a system described in Section 4-41a-103.

(31) "Licensing board" or "board" means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section 4-41a-201.1.

(32) "Medical cannabis" means the same as that term is defined in Section 26B-4-201.

(33) "Medical cannabis card" means the same as that term is defined in Section 26B-4-201.

(34) "Medical cannabis courier" means a courier that:

(a) the department licenses in accordance with Section 4-41a-1201; and

(b) contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders that the state central patient portal facilitates.

(35) "Medical cannabis courier agent" means an individual who:

(a) is an employee of a medical cannabis courier; and

(b) who holds a valid medical cannabis courier agent registration card.

(36) "Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201.

(37) "Medical cannabis pharmacy agent" means the same as that term is defined in Section 26B-4-201.

(38) "Medical cannabis research license" means a license that the department issues to a research university for the purpose of obtaining and possessing medical cannabis for academic research.

(39) "Medical cannabis research licensee" means a research university that the department licenses to obtain and possess medical cannabis for academic research, in accordance with Section 4-41a-901.

(40) "Medical cannabis shipment" means a shipment of medical cannabis that a home delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery address to fulfill an electronic medical cannabis order that the state central patient portal facilitates.

(41) "Medical cannabis treatment" means the same as that term is defined in Section 26B-4-201.

(42) "Medicinal dosage form" means the same as that term is defined in Section 26B-4-201.

(43) "Pharmacy ownership limit" means an amount equal to 30% of the total number of medical cannabis pharmacy licenses issued by the department rounded down to the nearest whole number.

(44) "Pharmacy medical provider" means the same as that term is defined in Section 26B-4-201.

(45) "Qualified medical provider" means the same as that term is defined in Section 26B-4-201.

(46) "Qualified Production Enterprise Fund" means the fund created in Section 4-41a-104.

(47) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201.

(48) "Research university" means the same as that term is defined in Section 53B-7-702 and a private, nonprofit college or university in the state that:

(a) is accredited by the Northwest Commission on Colleges and Universities;

(b) grants doctoral degrees; and

(c) has a laboratory containing or a program researching a schedule I controlled substance described in Section 58-37-4.

(49) "State electronic verification system" means the system described in Section 26B-4-202.

(50) "Targeted marketing" means the promotion of a cannabis product, medical cannabis brand, or a medical cannabis device using any of the following methods:

(a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information;

(b) an in-person marketing event that is:

(i) held inside a medical cannabis pharmacy; and

(ii) in an area where only a medical cannabis cardholder may access the event;

(c) other marketing material that is physically available or digitally displayed in a medical cannabis pharmacy; or

(d) a leaflet a medical cannabis pharmacy places in the opaque package or box that is provided to an individual when obtaining medical cannabis:

(i) in the medical cannabis pharmacy;

(ii) at the medical cannabis pharmacy's drive-through pick up window; or

(iii) in a medical cannabis shipment.

(51) "Tetrahydrocannabinol" or "THC" means the same as that term is defined in Section 4-41-102.

(52) "THC analog" means the same as that term is defined in Section 4-41-102.

(53) "Total composite tetrahydrocannabinol" means all detectable forms of tetrahydrocannabinol.

(54) "Total tetrahydrocannabinol" or "total THC" means the same as that term is defined in Section 4-41-102.

Utah Code § 4-41a-102

Amended by Chapter 240, 2024 General Session ,§ 1, eff. 5/1/2024.

Amended by Chapter 238, 2024 General Session ,§ 1, eff. 5/1/2024.

Amended by Chapter 217, 2024 General Session ,§ 26, eff. 5/1/2024, coordination clause noting that subection 4-41a-102(46) in S.B. 46 does not take effect.

Amended by Chapter 217, 2024 General Session ,§ 1, eff. 5/1/2024.

Amended by Chapter 327, 2023 General Session ,§ 4, eff. 5/3/2023.

Amended by Chapter 313, 2023 General Session ,§ 1, eff. 5/3/2023.

Amended by Chapter 273, 2023 General Session ,§ 1, eff. 5/3/2023.

Amended by Chapter 452, 2022 General Session ,§ 1, eff. 3/24/2022.

Amended by Chapter 290, 2022 General Session ,§ 6, eff. 3/23/2022.

Amended by Chapter 350, 2021 General Session ,§ 1, eff. 3/17/2021.

Amended by Chapter 337, 2021 General Session ,§ 1, eff. 3/17/2021.

Amended by Chapter 148, 2020 General Session ,§ 13, eff. 3/24/2020 (coordinating clause).

Amended by Chapter 148, 2020 General Session ,§ 1, eff. 3/24/2020.

Amended by Chapter 12, 2020 General Session ,§ 3, eff. 2/28/2020.

Amended by Chapter 5, 2019SP1 General Session ,§ 1, eff. 9/23/2019.

Renumbered from §4-41b-102 and amended by Chapter 1, 2018SP3 General Session ,§ 3, eff. 12/3/2018.

Added by Utah Proposition 2, Medical Marijuana Initiative (2018), approved by the voters at the general election held on 11/6/2018, and effective 12/1/2018.