Updates to the Utah Medical Cannabis Act

Updates to the Utah Medical Cannabis Act

On September 16, 2019, the Utah Senate passed SB1002 – Utah Medical Cannabis Amendments, which made several key changes to the Utah Medical Cannabis Act. A summary of the changes is provided below (please refer to SB1002 for complete details).

 

Medical Cannabis Pharmacies

  • The state central fill pharmacy model has been removed
  • The number of available medical cannabis pharmacy licenses has increased from seven to 14
  • Allowed the Utah Department of Health (UDOH) to issue pharmacy licenses in two phases with a single RFP process – the Department may issue eight initial pharmacy licenses and six to a second group that will begin operations later
  • UDOH is required to divide the state into no less than four geographic regions during each phase of issuing licenses
  • UDOH must complete the process of issuing licenses by July 1, 2020
  • UDOH may issue additional medical cannabis pharmacy licenses if the Department determines, in consultation with the Department of Agriculture and Food (UDAF), that after an annual or more frequent market analysis, each additional license is necessary to provide an adequate supply, quality, or variety of product to medical cannabis cardholders

 

Home Delivery

  • UDOH may authorize medical cannabis pharmacies to provide home delivery of medical cannabis to cardholder homes
  • A medical cannabis pharmacy may contract with a licensed medical cannabis courier to deliver medical cannabis
  • UDOH must license all couriers and pharmacies that plan to provide home delivery as couriers (separate from pharmacy license)
  • UDOH must begin accepting courier license applications on or before July 1, 2020
  • Medical cannabis courier employees who transport medical cannabis must be registered by UDOH as medical cannabis courier agents

 

State Central Patient Portal

  • The state central fill pharmacy was replaced by a state central patient portal, which will allow patients to submit online orders for medical cannabis that will be fulfilled by a licensed medical cannabis pharmacy
  • UDOH may hire a licensed pharmacist or physician to provide patient consultations via telephone to assist in the online ordering process

 

Miscellaneous

  • All patients, regardless of distance from a medical cannabis pharmacy, may now purchase a month’s supply of medical cannabis
  • Legislators are prohibited from having ownership or interest in any cannabis facility until after 2022
  • Cultivators may now cultivate cannabis both indoors and outdoors