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Section 102 - Definitions.

UT Code § 26-61a-102 (2019) (N/A)
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(1) "Blister" means a plastic cavity or pocket used to contain no more than a single dose of cannabis or a cannabis product in a blister pack.

(2) "Blister pack" means a plastic, paper, or foil package with multiple blisters each containing no more than a single dose of cannabis or a cannabis product.

(3) "Cannabis" means marijuana.

(4) "Cannabis cultivation facility" means the same as that term is defined in Section 4-41a-102.

(5) "Cannabis processing facility" means the same as that term is defined in Section 4-41a-102.

(6) "Cannabis product" means a product that: (a) is intended for human use; and (b) contains cannabis or tetrahydrocannabinol.

(a) is intended for human use; and

(b) contains cannabis or tetrahydrocannabinol.

(7) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102.

(8) "Cannabis production establishment agent" means the same as that term is defined in Section 4-41a-102.

(9) "Cannabis production establishment agent registration card" means the same as that term is defined in Section 4-41a-102.

(10) "Community location" means a public or private school, a licensed child-care facility or preschool, a church, a public library, a public playground, or a public park.

(11) "Department" means the Department of Health.

(12) "Designated caregiver" means an individual: (a) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and (b) who registers with the department under Section 26-61a-202.

(a) whom an individual with a medical cannabis patient card or a medical cannabis guardian card designates as the patient's caregiver; and

(b) who registers with the department under Section 26-61a-202.

(13) "Dosing parameters" means quantity, routes, and frequency of administration for a recommended treatment of cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form.

(14) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.

(15) "Home delivery medical cannabis pharmacy" means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a medical cannabis cardholder's home address to fulfill electronic orders that the state central patient portal facilitates.

(16) "Independent cannabis testing laboratory" means the same as that term is defined in Section 4-41a-102.

(17) "Inventory control system" means the system described in Section 4-41a-103.

(18) "Marijuana" means the same as that term is defined in Section 58-37-2.

(19) "Medical cannabis" means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form.

(20) "Medical cannabis card" means a medical cannabis patient card, a medical cannabis guardian card, or a medical cannabis caregiver card.

(21) "Medical cannabis cardholder" means a holder of a medical cannabis card.

(22) "Medical cannabis caregiver card" means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that: (a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and (b) is connected to the electronic verification system.

(a) the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and

(b) is connected to the electronic verification system.

(23) "Medical cannabis courier" means a courier that: (a) the department licenses in accordance with Section 26-61a-604; and (b) contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders that the state central patient portal facilitates.

(a) the department licenses in accordance with Section 26-61a-604; and

(b) contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders that the state central patient portal facilitates.

(24) (a) "Medical cannabis device" means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. (b) "Medical cannabis device" does not include a device that: (i) facilitates cannabis combustion; or (ii) an individual uses to ingest substances other than cannabis.

(a) "Medical cannabis device" means a device that an individual uses to ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form.

(b) "Medical cannabis device" does not include a device that: (i) facilitates cannabis combustion; or (ii) an individual uses to ingest substances other than cannabis.

(i) facilitates cannabis combustion; or

(ii) an individual uses to ingest substances other than cannabis.

(25) "Medical cannabis guardian card" means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that: (a) the department issues to the parent or legal guardian of a minor with a qualifying condition; and (b) is connected to the electronic verification system.

(a) the department issues to the parent or legal guardian of a minor with a qualifying condition; and

(b) is connected to the electronic verification system.

(26) "Medical cannabis patient card" means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that: (a) the department issues to an individual with a qualifying condition; and (b) is connected to the electronic verification system.

(a) the department issues to an individual with a qualifying condition; and

(b) is connected to the electronic verification system.

(27) "Medical cannabis pharmacy" means a person that: (a) (i) acquires or intends to acquire: (A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form from a cannabis processing facility; or (B) a medical cannabis device; or (ii) possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device; and (b) sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder.

(a) (i) acquires or intends to acquire: (A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form from a cannabis processing facility; or (B) a medical cannabis device; or (ii) possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device; and

(i) acquires or intends to acquire: (A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form from a cannabis processing facility; or (B) a medical cannabis device; or

(A) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form from a cannabis processing facility; or

(B) a medical cannabis device; or

(ii) possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device; and

(b) sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder.

(28) "Medical cannabis pharmacy agent" means an individual who: (a) is an employee of a medical cannabis pharmacy; and (b) who holds a valid medical cannabis pharmacy agent registration card.

(a) is an employee of a medical cannabis pharmacy; and

(b) who holds a valid medical cannabis pharmacy agent registration card.

(29) "Medical cannabis pharmacy agent registration card" means a registration card issued by the department that authorizes an individual to act as a medical cannabis pharmacy agent.

(30) "Medical cannabis shipment" means a shipment of medical cannabis or a medical cannabis product that a home delivery medical cannabis pharmacy or a medical cannabis courier delivers to a medical cannabis cardholder's home address to fulfill an electronic medical cannabis order that the state central patient portal facilitates.

(31) "Medical cannabis treatment" means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device.

(32) (a) "Medicinal dosage form" means: (i) for processed medical cannabis or a medical cannabis product, the following with a specific and consistent cannabinoid content: (A) a tablet; (B) a capsule; (C) a concentrated oil; (D) a liquid suspension; (E) a topical preparation; (F) a transdermal preparation; (G) a sublingual preparation; (H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape; or (I) for use only after the individual's qualifying condition has failed to substantially respond to at least two other forms described in this Subsection (32)(a)(i), a resin or wax; (ii) for unprocessed cannabis flower, a blister pack, with each individual blister: (A) containing a specific and consistent weight that does not exceed one gram and that varies by no more than 10% from the stated weight; and (B) after December 31, 2020, labeled with a barcode that provides information connected to an inventory control system and the individual blister's content and weight; and (iii) a form measured in grams, milligrams, or milliliters. (b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that: (i) the medical cannabis cardholder has recently removed from the blister pack described in Subsection (32)(a)(ii) for use; and (ii) does not exceed the quantity described in Subsection (32)(a)(ii). (c) "Medicinal dosage form" does not include: (i) any unprocessed cannabis flower outside of the blister pack, except as provided in Subsection (32)(b); or (ii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis on a nail or other metal object that is heated by a flame, including a blowtorch.

(a) "Medicinal dosage form" means: (i) for processed medical cannabis or a medical cannabis product, the following with a specific and consistent cannabinoid content: (A) a tablet; (B) a capsule; (C) a concentrated oil; (D) a liquid suspension; (E) a topical preparation; (F) a transdermal preparation; (G) a sublingual preparation; (H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape; or (I) for use only after the individual's qualifying condition has failed to substantially respond to at least two other forms described in this Subsection (32)(a)(i), a resin or wax; (ii) for unprocessed cannabis flower, a blister pack, with each individual blister: (A) containing a specific and consistent weight that does not exceed one gram and that varies by no more than 10% from the stated weight; and (B) after December 31, 2020, labeled with a barcode that provides information connected to an inventory control system and the individual blister's content and weight; and (iii) a form measured in grams, milligrams, or milliliters.

(i) for processed medical cannabis or a medical cannabis product, the following with a specific and consistent cannabinoid content: (A) a tablet; (B) a capsule; (C) a concentrated oil; (D) a liquid suspension; (E) a topical preparation; (F) a transdermal preparation; (G) a sublingual preparation; (H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape; or (I) for use only after the individual's qualifying condition has failed to substantially respond to at least two other forms described in this Subsection (32)(a)(i), a resin or wax;

(A) a tablet;

(B) a capsule;

(C) a concentrated oil;

(D) a liquid suspension;

(E) a topical preparation;

(F) a transdermal preparation;

(G) a sublingual preparation;

(H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape; or

(I) for use only after the individual's qualifying condition has failed to substantially respond to at least two other forms described in this Subsection (32)(a)(i), a resin or wax;

(ii) for unprocessed cannabis flower, a blister pack, with each individual blister: (A) containing a specific and consistent weight that does not exceed one gram and that varies by no more than 10% from the stated weight; and (B) after December 31, 2020, labeled with a barcode that provides information connected to an inventory control system and the individual blister's content and weight; and

(A) containing a specific and consistent weight that does not exceed one gram and that varies by no more than 10% from the stated weight; and

(B) after December 31, 2020, labeled with a barcode that provides information connected to an inventory control system and the individual blister's content and weight; and

(iii) a form measured in grams, milligrams, or milliliters.

(b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that: (i) the medical cannabis cardholder has recently removed from the blister pack described in Subsection (32)(a)(ii) for use; and (ii) does not exceed the quantity described in Subsection (32)(a)(ii).

(i) the medical cannabis cardholder has recently removed from the blister pack described in Subsection (32)(a)(ii) for use; and

(ii) does not exceed the quantity described in Subsection (32)(a)(ii).

(c) "Medicinal dosage form" does not include: (i) any unprocessed cannabis flower outside of the blister pack, except as provided in Subsection (32)(b); or (ii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis on a nail or other metal object that is heated by a flame, including a blowtorch.

(i) any unprocessed cannabis flower outside of the blister pack, except as provided in Subsection (32)(b); or

(ii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis on a nail or other metal object that is heated by a flame, including a blowtorch.

(33) "Payment provider" means an entity that contracts with a cannabis production establishment or medical cannabis pharmacy to facilitate transfers of funds between the establishment or pharmacy and other businesses or individuals.

(34) "Pharmacy medical provider" means the medical provider required to be on site at a medical cannabis pharmacy under Section 26-61a-403.

(35) "Provisional patient card" means a card that: (a) the department issues to a minor with a qualifying condition for whom: (i) a qualified medical provider has recommended a medical cannabis treatment; and (ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian; and (b) is connected to the electronic verification system.

(a) the department issues to a minor with a qualifying condition for whom: (i) a qualified medical provider has recommended a medical cannabis treatment; and (ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian; and

(i) a qualified medical provider has recommended a medical cannabis treatment; and

(ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian; and

(b) is connected to the electronic verification system.

(36) "Qualified medical provider" means an individual who is qualified to recommend treatment with cannabis in a medicinal dosage form under Section 26-61a-106.

(37) "Qualified Patient Enterprise Fund" means the enterprise fund created in Section 26-61a-109.

(38) "Qualifying condition" means a condition described in Section 26-61a-104.

(39) "State central patient portal" means the website the department creates, in accordance with Section 26-61a-601, to facilitate patient safety, education, and an electronic medical cannabis order.

(40) "State central patient portal medical provider" means a physician or pharmacist that the department employs in relation to the state central patient portal to consult with medical cannabis cardholders in accordance with Section 26-61a-602.

(41) "State electronic verification system" means the system described in Section 26-61a-103.

(42) "Valid form of photo identification" means a valid United States federal- or state-issued photo identification, including: (a) a driver license; (b) a United States passport; (c) a United States passport card; or (d) a United States military identification card.

(a) a driver license;

(b) a United States passport;

(c) a United States passport card; or

(d) a United States military identification card.

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Section 102 - Definitions.