Home delivery of medical cannabis shipments -- Medical cannabis couriers -- License.
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(1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders that the state central patient portal facilitates, including rules regarding the safe and controlled delivery of medical cannabis shipments.
(2) A person may not operate as a medical cannabis courier without a license that the department issues under this section.
(3)
(a) Subject to Subsections (5) and (6), the department shall issue a license to operate as a medical cannabis courier to an applicant who is eligible for a license under this section.
(b) An applicant is eligible for a license under this section if the applicant submits to the department:
(i) the name and address of an individual who:
(A) has a financial or voting interest of 2% or greater in the proposed medical cannabis pharmacy; or
(B) has the power to direct or cause the management or control of a proposed cannabis production establishment;
(ii) an operating plan that includes operating procedures to comply with the operating requirements for a medical cannabis courier described in this chapter; and
(iii) an application fee in an amount that, subject to Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
(4) If the department determines that an applicant is eligible for a license under this section, the department shall:
(a) charge the applicant an initial license fee in an amount that, subject to Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504; and
(b) notify the Department of Public Safety of the license approval and the names of each individual described in Subsection (3)(b)(ii).
(5) The department may not issue a license to operate as a medical cannabis courier to an applicant if an individual described in Subsection (3)(b)(ii):
(a) has been convicted under state or federal law of:
(i) a felony; or
(ii) after September 23, 2019, a misdemeanor for drug distribution; or
(b) is younger than 21 years old.
(6) The department may revoke a license under this part if:
(a) the medical cannabis courier does not begin operations within one year after the day on which the department issues the initial license;
(b) the medical cannabis courier makes the same violation of this chapter three times; or
(c) an individual described in Subsection (3)(b)(ii) is convicted, while the license is active, under state or federal law of:
(i) a felony; or
(ii) after September 23, 2019, a misdemeanor for drug distribution.
(7) The department shall deposit the proceeds of a fee imposed by this section in the Qualified Patient Enterprise Fund.
(8) The department shall begin accepting applications under this section on or before July 1, 2020.
(9) The department's authority to issue a license under this section is plenary and is not subject to review.
(10) Each applicant for a license as a medical cannabis courier shall submit, at the time of application, from each individual who has a financial or voting interest of 2% or greater in the applicant or who has the power to direct or cause the management or control of the applicant:
(a) a fingerprint card in a form acceptable to the Department of Public Safety;
(b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and
(c) consent to a fingerprint background check by:
(i) the Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
(11) The Bureau of Criminal Identification shall:
(a) check the fingerprints the applicant submits under Subsection (10) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;
(b) report the results of the background check to the department;
(c) maintain a separate file of fingerprints that applicants submit under Subsection (10) for search by future submissions to the local and regional criminal records databases, including latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.
(12) The department shall:
(a) assess an individual who submits fingerprints under Subsection (10) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (12)(a) to the Bureau of Criminal Identification.
(13) The department shall renew a license under this section every year if, at the time of renewal:
(a) the licensee meets the requirements of this section; and
(b) the licensee pays the department a license renewal fee in an amount that, subject to Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
(14) A person applying for a medical cannabis courier license shall submit to the department a proposed operating plan that complies with this section and that includes:
(a) a description of the physical characteristics of any proposed facilities, including a floor plan and an architectural elevation, and delivery vehicles;
(b) a description of the credentials and experience of each officer, director, or owner of the proposed medical cannabis courier;
(c) the medical cannabis courier's employee training standards;
(d) a security plan; and
(e) storage and delivery protocols, both short and long term, to ensure that medical cannabis shipments are stored and delivered in a manner that is sanitary and preserves the integrity of the cannabis.