Medical cannabis caregiver card -- Registration -- Renewal -- Revocation.
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(1)
(a)
(i) A cardholder described in Section 26-61a-201 may designate, through the state central patient portal, up to two individuals, or an individual and a facility in accordance with Subsection (1)(b), to serve as a designated caregiver for the cardholder.
(ii) The designation described in Subsection (1)(a)(i) takes effect if the state electronic verification system reflects a recommending medical provider's indication that the provider determines that, due to physical difficulty or undue hardship, including concerns of distance to a medical cannabis pharmacy, the cardholder needs assistance to obtain the medical cannabis treatment that the recommending medical provider recommends.
(b)
(i) Beginning on the earlier of September 1, 2021, or the date on which the electronic verification system is functionally capable of servicing the designation, a cardholder described in Section 26-61a-201 who is a patient in one of the following types of facilities may designate the facility as one of the caregivers described in Subsection (1)(a):
(A) an assisted living facility, as that term is defined in Section 26-21-2;
(B) a nursing care facility, as that term is defined in Section 26-21-2; or
(C) a general acute hospital, as that term is defined in Section 26-21-2.
(ii) A facility may assign one or more employees to assist patients with medical cannabis treatment under the caregiver designation described in this Subsection (1)(b).
(iii) The department shall make rules to regulate the practice of facilities and facility employees serving as designated caregivers under this Subsection (1)(b).
(c) A parent or legal guardian described in Subsection 26-61a-201(2)(d), in consultation with the minor and the minor's qualified medical provider, may designate, through the state central patient portal, up to two individuals to serve as a designated caregiver for the minor, if the department determines that the parent or legal guardian is not eligible for a medical cannabis guardian card under Section 26-61a-201.
(2) An individual that the department registers as a designated caregiver under this section and a facility described in Subsection (1)(b):
(a) for an individual designated caregiver, may carry a valid medical cannabis caregiver card;
(b) in accordance with this chapter, may purchase, possess, transport, or assist the patient in the use of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device on behalf of the designating medical cannabis cardholder;
(c) may not charge a fee to an individual to act as the individual's designated caregiver or for a service that the designated caregiver provides in relation to the role as a designated caregiver;
(d) may accept reimbursement from the designating medical cannabis cardholder for direct costs the designated caregiver incurs for assisting with the designating cardholder's medicinal use of cannabis; and
(e) if a licensed medical cannabis pharmacy is not operating within the state after January 1, 2021:
(i) may possess up to the legal dosage limit of:
(A) unprocessed medical cannabis in a medicinal dosage form; and
(B) a cannabis product in a medicinal dosage form;
(ii) may possess marijuana drug paraphernalia; and
(iii) is not subject to prosecution for the possession described in Subsection (2)(e)(i).
(3)
(a) The department shall:
(i) within 15 days after the day on which an individual submits an application in compliance with this section, issue a medical cannabis card to the applicant if the applicant:
(A) is designated as a caregiver under Subsection (1);
(B) is eligible for a medical cannabis caregiver card under Subsection (4); and
(C) complies with this section; and
(ii) notify the Department of Public Safety of each individual that the department registers as a designated caregiver.
(b) The department shall ensure that a medical cannabis caregiver card contains the information described in Subsection (5)(b).
(4) An individual is eligible for a medical cannabis caregiver card if the individual:
(a) is at least 21 years old;
(b) is a Utah resident;
(c) pays to the department a fee in an amount that, subject to Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the criminal background check described in Section 26-61a-203;
(d) signs an acknowledgment stating that the applicant received the information described in Subsection 26-61a-201(9); and
(e) has not been convicted of a misdemeanor or felony drug distribution offense that is a felony under either state or federal law, unless the individual completes any imposed sentence two or more years before the day on which the individual submits the application.
(5) An eligible applicant for a medical cannabis caregiver card shall:
(a) submit an application for a medical cannabis caregiver card to the department through an electronic application connected to the state electronic verification system; and
(b) submit the following information in the application described in Subsection (5)(a):
(i) the applicant's name, gender, age, and address;
(ii) the name, gender, age, and address of the cardholder described in Section 26-61a-201 who designated the applicant; and
(iii) if a medical cannabis guardian cardholder designated the caregiver, the name, gender, and age of the minor receiving a medical cannabis treatment in relation to the medical cannabis guardian cardholder.
(6) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the department issues under this section is valid for the lesser of:
(a) an amount of time that the cardholder described in Section 26-61a-201 who designated the caregiver determines; or
(b) the amount of time remaining before the card of the cardholder described in Section 26-61a-201 expires.
(7)
(a) If a designated caregiver meets the requirements of Subsection (4), the designated caregiver's medical cannabis caregiver card renews automatically at the time the cardholder described in Section 26-61a-201 who designated the caregiver:
(i) renews the cardholder's card; and
(ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
(b) The department shall provide a method in the card renewal process to allow a cardholder described in Section 26-61a-201 who has designated a caregiver to:
(i) signify that the cardholder renews the caregiver's designation;
(ii) remove a caregiver's designation; or
(iii) designate a new caregiver.
(8) The department may revoke a medical cannabis caregiver card if the designated caregiver:
(a) violates this chapter; or
(b) is convicted under state or federal law of:
(i) a felony drug distribution offense; or
(ii) after December 3, 2018, a misdemeanor drug distribution offense.
(9) The department shall record the issuance or revocation of a medical cannabis card under this section in the controlled substance database.