§ 4-41a-1107 — Medical cannabis pharmacy agent registration card -- Rebuttable presumption.

(1) A medical cannabis pharmacy agent shall carry the individual's medical cannabis pharmacy agent registration card with the individual at all times when:

(1)(a) the individual is on the premises of a medical cannabis pharmacy; and
(1)(b) the individual is transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device between a cannabis production establishment and a medical cannabis pharmacy.
(2) If an individual handling, at a medical cannabis pharmacy, cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device or transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, possesses the cannabis, cannabis product, or medical cannabis device in compliance with Subsection (1):

(2)(a) there is a rebuttable presumption that the individual possesses the cannabis, cannabis product, or medical cannabis device legally; and
(2)(b) there is no probable cause, based solely on the individual's possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis device in compliance with Subsection (1), that the individual is engaging in illegal activity.
(3) (3)(a) A medical cannabis pharmacy agent who fails to carry the agent's medical cannabis pharmacy agent registration card in accordance with Subsection (1) is:
(3)(a)(i) for a first or second offense in a two-year period:

(3)(a)(i)(A) guilty of an infraction; and
(3)(a)(i)(B) is subject to a $100 fine; or
(3)(a)(ii) for a third or subsequent offense in a two-year period:

(3)(a)(ii)(A) guilty of a class C misdemeanor; and
(3)(a)(ii)(B) subject to a $750 fine.
(3)(b) (3)(b)(i) The prosecuting entity shall notify the department and the relevant medical cannabis pharmacy of each conviction under Subsection (3)(a).
(3)(b)(ii) For each violation described in Subsection (3)(a)(ii), the department may assess the relevant medical cannabis pharmacy a fine of up to $5,000, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)(c) An individual who is guilty of a violation described in Subsection (3)(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 (3)(a).

Legislative History

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