§ 4-41a-401 — Cannabis production establishment -- General operating requirements.

(1) (1)(a) A cannabis production establishment shall operate in accordance with the operating plan described in Sections 4-41a-201 and 4-41a-204.
(1)(b) A cannabis production establishment shall notify the department before a change in the cannabis production establishment's operating plan.
(1)(c) (1)(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.
(1)(c)(ii) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to:
(1)(c)(ii)(A) review a change notification described in Subsection (1)(b);
(1)(c)(ii)(B) identify for the cannabis production establishment each point of noncompliance between the new operating plan and this chapter;
(1)(c)(ii)(C) provide an opportunity for the cannabis production establishment to address each identified point of noncompliance; and
(1)(c)(ii)(D) suspend or revoke a license if the cannabis production establishment fails to cure the noncompliance.
(2) A cannabis production establishment shall operate:
(2)(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
(2)(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:
(4)(a) a felony in the preceding 10 years; or
(4)(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:
(5)(a) tracks and monitors the individual at all times while the individual is at the cannabis production establishment; and
(5)(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:
(6)(a) a single, secure public entrance;
(6)(b) a security system with a backup power source that:
(6)(b)(i) detects and records entry into the cannabis production establishment; and
(6)(b)(ii) provides notice of an unauthorized entry to law enforcement when the cannabis production establishment is closed; and
(6)(c) a lock or equivalent restrictive security feature on any area where the cannabis production establishment stores cannabis or a cannabis product.
(7) (7)(a) A cannabis production establishment shall maintain a video surveillance system that:
(7)(a)(i) tracks all handling and processing of cannabis or a cannabis product in the establishment;
(7)(a)(ii) is tamper proof; and
(7)(a)(iii) stores a video record for at least 45 days.
(7)(b) A cannabis production establishment shall provide the department access to the video surveillance system upon request.

Legislative History

Amended by Chapter 414, 2025 General Session