§ 26B-1-435 — Medical Cannabis Policy Advisory Board creation -- Membership -- Duties.

Utah § 26B-1-435

• Jurisdiction: Utah
• Title 26B: Utah Health and Human Services Code
• Ch. 26B-1: Department of Health and Human Services
• Part 26B-1-4: Boards, Commissions, Councils, and Advisory Committees

Text

(1) There is created within the department the Medical Cannabis Policy Advisory Board.
(2) (2)(a) The advisory board shall consist of the following members:
(2)(a)(i) appointed by the executive director:
(2)(a)(i)(A) a recommending medical provider who has recommended medical cannabis to at least 100 patients before being appointed;
(2)(a)(i)(B) a mental health specialist;
(2)(a)(i)(C) an individual who represents an organization that advocates for medical cannabis patients;
(2)(a)(i)(D) a member of the general public who holds a medical cannabis patient card; and
(2)(a)(i)(E) a member of the general public who does not hold a medical cannabis card;
(2)(a)(ii) appointed by the commissioner of the Department of Agriculture and Food:
(2)(a)(ii)(A) an individual who owns or operates a licensed cannabis cultivation facility, as defined in Section 4-41a-102;
(2)(a)(ii)(B) an individual who owns or operates a licensed medical cannabis pharmacy; and
(2)(a)(ii)(C) a law enforcement officer; and
(2)(a)(iii) a representative from the Center for Medical Cannabis Research created in Section 53H-4-206, appointed by the Center for Medical Cannabis Research.
(2)(b) The commissioner of the Department of Agriculture and Food shall ensure that at least one individual appointed under Subsection (2)(a)(ii)(A) or (B) also owns or operates a licensed cannabis processing facility.
(3) (3)(a) Subject to Subsection (3)(b), a member of the advisory board shall serve for a four year term.
(3)(b) When appointing the initial membership of the advisory board, the executive director and the commissioner of the Department of Agriculture and Food shall coordinate to appoint four advisory board members to serve a term of two years to ensure that approximately half of the board is appointed every two years.
(4) (4)(a) If an advisory board member is no longer able to serve as a member, a new member shall be appointed in the same manner as the original appointment.
(4)(b) A member appointed in accordance with Subsection (4)(a) shall serve for the remainder of the unexpired term of the original appointment.
(5) (5)(a) A majority of the advisory board members constitutes a quorum.
(5)(b) The action of a majority of a quorum constitutes an action of the advisory board.
(5)(c) For a term lasting one year, the advisory board shall annually designate members of the advisory board to serve as chair and vice-chair.
(5)(d) When designating the chair and vice-chair, the advisory board shall ensure that at least one individual described Subsection (2)(a)(i) is appointed as chair or vice-chair.
(6) An advisory board member may not receive compensation or benefits for the member's service on the advisory board but may receive per diem and reimbursement for travel expenses incurred as an advisory board member in accordance with:
(6)(a) Sections 63A-3-106 and 63A-3-107; and
(6)(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) The department shall:
(7)(a) provide staff support for the advisory board; and
(7)(b) assist the advisory board in conducting meetings.
(8) The advisory board may recommend:
(8)(a) to the department or the Department of Agriculture and Food changes to current or proposed medical cannabis rules or statutes; and
(8)(b) to the appropriate legislative committee whether the advisory board supports a change to medical cannabis statutes.
(9) The advisory board shall:
(9)(a) review any draft rule that is authorized under Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies;
(9)(b) consult with the Department of Agriculture and Food regarding the issuance of an additional:
(9)(b)(i) cultivation facility license under Section 4-41a-205; or
(9)(b)(ii) pharmacy license under Section 4-41a-1005;
(9)(c) consult with the department regarding cannabis patient education;
(9)(d) consult regarding the reasonableness of any fees set by the department or the Department of Agriculture and Food that pertain to the medical cannabis program; and
(9)(e) consult regarding any issue pertaining to medical cannabis when asked by the department or the Department of Agriculture and Food.

Legislative History

Amended by Chapter 9, 2025 Special Session 1